This is an appeal by a neighboring property owner of the County Planning Commission’s (CPC) decision approving a tree permit to work within the dripline of eleven code protected trees in order to construct a new single-family residence on a vacant lot.

  
On May 27, 2021, the tree permit application was submitted to the Department of Conservation and Development, Current Planning Division. The proposal includes: construction of a 3,665 square-foot new residence, 190 cubic yards of fill, and 270 cubic yards of cut, and installation of site drainage. On July 27, 2021, a Notice of Tentative Approval of a tree permit was mailed to adjacent property owners and an appeal was received within the allowed amount of time.

  
APPEAL OF THE ZONING ADMINISTRATOR’S DECISION:

On August 4, 2021, one letter appealing the Zoning Administrator’s decision was filed with the Department of Conservation and Development by Ezzat Akbari (neighbor) stating concerns regarding improper drainage from the proposed new residence.  
  
Prior to submitting an application to the Department of Conservation and Development, the applicant for this project was made aware of drainage issues and instructed to begin the permitting process necessary to acquire a Drainage Permit from the Public Works Department. The applicant and owner of 144 Brodia Way has gone through the process with Public Works and received preliminary approval for Flood Control measures that will need to be installed. These provisions are to be updated and finalized once the Public Works Flood Control & Water Conservation District reviews the final plans.  
  
Additionally, Planning staff reached out to the Department of Conservation and Development Grading staff to acquire further insight on potential issues pertaining to grading, drainage, and run-off. Grading staff reviewed the plans for the proposed new residence, and the proposed grading work and indicated no concerns regarding run-off. Grading staff also conducted a site visit to assess the property and ultimately indicated that the proposed natural channel would be an adequate alternative conveyance of run-off water generated within the site.  
  
Staff included conditions of approval for the permit that, if approved, would require the applicant to comply with all County Flood Control and Water Conservation District requirements and provisions. On October 27, 2021, the County Planning Commission heard the publicly noticed appeal and voted unanimously to deny the appeal and uphold the Zoning Administrator’s decision.

  
APPEAL OF THE PLANNING COMMISSION DECISION: One letter of appeal submitted by neighbor Ezzat Akbari was received by the Department of Conservation and Development on November 8, 2021.

  
Summary of Appeal Point #1: The appellant reiterates the concern of potential excessive rainwater run-off originating from the subject property and other upstream parcels. Their concern lies with the run-off accumulation from these properties that may discharge onto the appellant’s property and on the adjacent downstream property of 449 La Casa Via.  
  
Staff Response: The concerns raised by the appellant pertaining to the project’s drainage are typically reviewed and addressed by the Public Works Department. Public Works staff has reviewed the proposed drainage plan and has provided the applicant with minor comments and identified several items that are to be revised and finalized upon the submittal of final plans for a building permit. At this stage, Public Works staff has determined that the proposed measures are sufficient for mitigating potential run-off.  

The Planning Commission approved several conditions of approval to address potential runoff, including requiring the owner to obtain the necessary drainage permit and comply with flood control provisions. These conditions will ensure that potential flooding and runoff from the subject property are properly addressed and minimized.

  
Summary of Appeal Point #2: Permanent damage of the subject trees would cause land erosion and instability. The work under the dripline will create additional flooding conditions for the subject property, the appellant’s property and the adjacent property downstream.

  
Staff Response: The work under the dripline which includes re-grading the channel to lead potential run-off into a proposed drainage inlet has been reviewed by Public Works staff as well as Grading staff and found to be appropriate for this project. Planning staff also determined that in order to avoid working under the dripline of the trees, the house would have to be relocated to a southern portion of the property. Staff believes this relocation is not appropriate as additional grading to the property would need to be carried out which may cause additional drainage infrastructure to be installed. Additionally, the southern portion of the subject parcel has steeply sloped topography, thus creating difficult conditions for construction.

  
CONCLUSION

  
The appeal raises issues similar to those presented to the County Planning Commission. Staff believes that these issues were adequately addressed by the Planning Commission. The project is consistent with other residential development in the area. The project setting is not within an area where views or natural resources will be negatively impacted. Numerous conditions of approval have been added to this project which address concerns raised by the appellant. The proposed project, as conditioned, complies with the development standards as outlined in the County General Plan and R-40 Zoning District for this area of unincorporated Walnut Creek. Furthermore, all public agencies with responsibility for permitting of the project have reviewed the proposal and indicated that they had no concerns. Considering these facts, staff recommends that the Board of Supervisors deny the appeal and approve the tree permit, County File #CDTP21-00031.