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HomeMy WebLinkAboutMINUTES - 01011979 - R 12 IN 18 Walnut Creek, City of Planning Appeal Subdivision 5477 Walnut Creek Area 1979 STORED; 0>08 -ELAA)A) EL #__INDEX # MAP # BOX # Goldrich, Kest and Associates Planning Appeal Subdivision 5477 Walnut Greek Area 1979 STORED: AA dA i I A X EEL #—L;&-INDEX # __ MAP # BOX # aaoa 30 L 000230 1 • f OFFICE OF CITY ATTORNEY CITY HALL DANIEL ICURTIN, JR, WALNUT CREEK.CALIFORNIA 94596 THOMAS R.CURRY CITY ATTORNEY (4151 935.3300 ASST.CITY ATTORNEY rebruary 21, 1980 TO: Clerk of the Board of Supervisors of Contra Costa County County Planning Director County Zoning Administrator RE: In the Matter of approval of Land Use Permit #2204-77 and approval of Subdivision No. 5477 by Board of Supervisors of Contra Costa County (Village Townhomes) On August 22, 1979, this office requested you to prepare and deliver to us the complete record of the pro- ceedings entitled above. To date we have heard nothing about this request and therefore now ask that you cancel that request. Thank you. Very trul y s, . CURJK. DJC:dl cc: Keith Howard, Esq. John B. Clausen, Esq. RECEIVED , FEB aS1Q60 J. R. OLSSOCd CL--IK BOARD OF SUPERVISORS C�VVT COSTA CO. B ..�s:_. _T, ._nlarr cDOL.7A OFFICE OF CITY ATTORNEY CITY HALL DANIEL J.CURTI N, JR. WALNUT GREEK.CALIFORNIA 94596 THOMAS R.CURRY CITY ATTORNEY (415)935.3300 ASST.CITY ATTORNEY August 22, 1979 TO: Clerk of the Board of Supervisors of Contra Costa County County Planning Director County Zoning Administrator RE: In the Matter of approval of Land Use Permit #2204-77 and approval of Subdivision No. 5477 by Board of Supervisors of Contra Costa County If the County has not implemented the provisions of C.C.P. 1094.6 in the area of zoning and planning matters, I respectfully request that the "Request for Administrative Record" be treated as a request for the copying of public records. The City agrees to pay forthwith to the County the cost of producing the copies when it does so. AIJ. rs DJC:dl RECEIVED ktlGi .23,197-1 J. R. 0! CLERK BOARD OF SUFERV+SOr5 CANT COSTA O. l 8 �.L f.. . ..+......DeputY y 1 DANIEL J. CURTIN, JR. City Attorney 2 THOMAS R. CURRY Assistant City Attorney 3 City Hall Walnut Creek, CA 94596 4 Telephone: 935-3300, ext. 361 5 6 7 8 IN THE MATTER OF approval of Land Use Permit REQUEST FOR-- 9 # 2204-77 and approval of ADMINISTRATIVE RECORD Subdivision No. 5477 by 10 Board of Supervisors of Contra Costa County, State of California 11 / 12 TO: Clerk of the Board of Supervisors of Contra Costa County; and County Planning Director and County Zoning Administrator 13 14 You are individually and/or jointly hereby requested by the 15 City of Walnut Creek, an interested party in the above matter, 16 to prepare and deliver to the undersigned the complete record of 17 the proceedings entitled above, as defined in C.C.P. §1094.6. 18 Said record shall consist of the contents of all County files 19; Pertaining to the approval of said land use permit, including 20 but not limited to the application, applicant, the proceedings 21 before the Zoning Administrator of the County, the proceedings 22 before the Contra Costa County Planning Commission and the 23 proceedings before the Board of Supervisors. 24 DATED: J.1- , 1979 25 26 a el i'..96rtin, Jr. 27 City ttorney 28 1 DECLARATION OF SERVICE BY MAIL 2 I, the undersigned, declare: 3 That I am a citizen of the United States, over the age of 4 eighteen years, and not a party to the foregoing action; that S my business address is City Hall, Walnut Creek, California 94596. 6 That on l:F I served copies of the foregoing 7 documents on the following by placing them in envelopes addressed 8 as follows: 9 10 Clerk of the Board of Supervisors of Contra Costa County 11 County Administration Building Martinez, California 94553 12 County Planning Director 13 Planning Department County Administration Building 14 Martinez, California 94553 15 zoning Administrator Planning Department 16 County Administration Building Martinez, California 94553 17 Mr._:Xeith.Howard 18 Attorney at Law Tinning & DeLap 19 1211 Newell Avenue Walnut Creek, California 94596 20 John B. Clausen 21 County Counsel P. 0. Box 69 22 Martinez, California 94553 23 which envelopes were then sealed and deposited, postage prepaid, 24 in the United States mail at walnut Creek, California; that there 25 is regular service by mail between the place of deposit and each 26 of the foregoing addresses. 27 I declare under penalty of perjury that the foregoing is 28 true and correct. Executed / _ o?; i. , at Walnut Creek, CA. �'"` Catherine L. Tandy IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Hearing on Appeal ) of City of Walnut Creek from County ) Planning Commission Conditional ) Approval of the Tentative Map of ) August 7, 1979 Subdivision 5477, Walnut Creek Area. ) Goldrich, Kest & Associates, Applicant. ) The Board on July 17, 1979 having fixed this time for hearing on the appeal of the City of Walnut Creek from the County Planning Commission conditional approval of the tentative map of Subdivision 5477, Walnut Creek area, filed by Goldrich, Kest & Associates; and Harvey Bragdon, Assistant Director of Planning, having stated that the Planning Commission unanimously approved the tenta- tive map for.Subdivision 5477 on June 5, 1979 and found that the subdivision was in conformance with the General Plan for the area and consistent with the land use permit approved August 29, 1978 which allows construction of a maximum of 120 dwelling units on the subject site, and having advised that the proposed subdivision would permit the sale of individual residential condominium units without altering the physical nature of the approved development; and Keith Howard, attorney representing the applicant, having expressed the opinion that the City was not opposed to this project but objected to a larger adjacent subdivision on which litigation is pending, and having stated that inasmuch as the land use permit allows 120 units granting the City's appeal would be inconsistent and unfair to the developer; and Gary Binger, Chief Planner of the City of Walnut Creek, having stated that the City's General Plan would allow a maximum of four units per acre, having contended that the County General Plan indicates a total of 660 residential units for the area and that approval of this project in conjunction with prior approved projects would make a total of 706 units, and having urged that the Board deny the tentative subdivision map as being inconsistent with the General Plan; and Mr. Howard, in rebuttal, having stated that the proposal is consistent with surrounding development and is in conformance with the County General Plan; and Mr. Bragdon having called to the Board's attention a July 31, 1979 letter from Carlo Zocchi, developer of adjacent property, requesting that the conditions of approval of Subdivision 5477 be amended to alleviate a potential drainage problem; and Supervisor R. I. Schroder having stated that although he concurred with the City that a total of 660 units should be allowed for the area, he felt any reduction in units should come from the project on the corner of Ygnacio Valley and Bancroft Roads and that it would be punitive to deny this project for eight units per acre; and GGG230 Supervisor Schroder having recommended that the appeal of the City of Walnut Creek be denied and that the Planning Department be instructed to review the drainage problem outlined in Mr. Zocchi's July 31 letter; IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is APPROVED. PASSED by the Board on August 7, 1979. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of August, 1979. J. R. OLSSON, CLERK By —VeraNel on Deputy Clerk cc: Gary Binger, Chief Planner City of Walnut Creek Keith Howard Goldrich, Kest & Associates Director of Planning County Counsel 000:2-3o a_x ZOCCHI CO. 1033 DETROIT AVENUE ! CONCORD,CALIFORNIA 94518 / ( 68fi-:1170 p A July 31, 1979 w S r� m� Contra Costa County cx' Planning Department Pine & Escobar RE: Subdivision #5477 Martinez, CA 94553 ,lob #76-20 ATTENTION: Harvey Bragdon Dear Harvey: After reviewing the proposed Grading Plan for "The village" Subdivision No. 5477, it is clear that no provision has been made to construct the drainage swale along the northwestern property line to accept storm waters from .Lot numbers 27 through 52 of Subdivision No. 4829 and Lot numbers 61 through 69 of Subdivision No. 5238. By a separate agreement the developers of the Villages agreed to the maintenance of a grassed swale along said line and act- ually granted a Drainage Release to the developers of Subdivison No. 4829 and No. 5238 to allow storm waters to flow on their property. The Grading Plan also shows a Private Storm Drain System to be built along the entire common line within the back yards of the proposed townhouses approximately 15 feet off said property line. I, therefore, request that you incorporate within your Conditions of Approval of "The Village" a condition to move the back yard Private Storm Drain System to within 5 feet of said property line and grade the lots on both sides of the common property line to drain to this private system. This would alleviate the problem with no additional cost to the developers of "The Village" Sub- division. Very truly yours, SILVERWOO EVEL ]ENT t RECEIVED rlo Zoc 77- lJtt 7 CC: G efrge S. Nolte J. R. OFSUP CLERK BOARD OF SUPERVISORS obert Hirsch CONT STA CO. B_.._.._......_ Deputy Isakson & Associates e C Z:d l �r o f l-3O • f RECEIVED CONTRA COSTA COUNTY AU G / 1979 PLANNING DEPARTMENT J. R, QiSWN CORK 60AR6 OF 3upgavlf4Ai ey- i iCONTR p T CU. TO: Board of Supervisors DATE: July 31 , 1979 FROM: Anthony A. Dehaesu SUBJECT: APPEAL, Subdivision 5477 Director of Plann' I (Walnut Creek area) DEVELOPER: Gol ich, Kest & Associates, 15233 Ventura Blvd. , #816, Sh rman Oaks 91403. OWNER: Walnut Creek Inv. , 425 S. Fairfax, Suite 300, Los Angeles 90036. APPELLANT: City of Walnut Creek. PUBLIC HEARINGS: June 5, 1979 - Subdivision approved by County Planning Commission. APPEAL LETTER RECEIVED: June 12, 1979. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following people should be notified of your Board's hearing date and time: Gary Binger, Planning Director Jim Olmsted City of Walnut Creek Community Development Dept. 1501 No. California Blvd. City of Walnut Creek Walnut Creek, CA 94596 1501 No. California Blvd. Walnut Creek, CA 94596 Richard Cole c/o George Nolte & Associates Richard Hildebrand 1256 Civic Drive 1445 Civic Drive Walnut Creek, CA 94596 Walnut Creek, CA 94596 Goldrich, Kest & Associates Walnut Creek Inv. 15233 Ventura Blvd. , #816 425 S. Fairfax, Suite 300 'Sherman Oaks, CA 91403 Los Angeles, CA 90036 AAD:Isw Attachments: Resolution of Approval , Staff Report, Appeal Letter, EIR Declaration, Map. 000-2,30 PROOF OF PUBLICAON This spce for County Clerk's Filing Stamp (2015.5 C.C.P.) F L STATE OF CALIFORNIA JUI �l1979 R.4l.oSOi�! County of Contra Costa c+. .:ac m C.t�T By pyiy I am a citizen of the United States and a resident of the County aforesaid;I am over the age of eighteen years, " and not a party to or interested in the above-entitled matter. Proof of Publication of Notice of Public Hearing 1 am the Principal Legal Clerk of the Contra Costa Times. Noi�cEPueuc _; ,'� HEARING K"E THE A newspaper of general circulation, printed and pub r=iClillfRlCtDOSTi t rm rt �iDllll(t;OF»Y "`" lished at 2640 Shadelands Drive in the City of Walnut nwaauc. 1 that on 'TueadaE At�udgtT at:3 OQ Creek,County of Contra Costa,94598 .P.W in Room 107 d the C&Aly, Adminidrahon �orrrE'Wp P�e'and Escobar,st►nls.M>trtinez. And which newspaper has been adjudged a newspaper Caelar�w NieCaAhrCastaCpr�tY1 8aerd:ot � twbR"c tYOSrInB t¢.0nrdwaw dMh,hA-i of general circulation by the Superior Court of the Coun- r�pa1- of tFey of w�Mut f Cern- y of Contra Costa,State of California,under the date of A[, 51 bFGaldnct'r!����.. October 22,1934.Case Number 19764. akcaba�dMWwbt�liaWlsMi yrkMrn,tls•u!*neor�orMed brr+tart' 01 tttC�rNy o1 CaMta CoNssststa of .!m!w dMCdi�d�a �inata Andre tMawipuorr The notice,of which the annexed is aPY rinted co (set in P Okety►-ot.Ptaiw,ie�.County:Ad "rtnrriatrstioR StlilOrtS MarNMr,; type not smaller than nonpareil),has been published in SCsT' bcsl�dnard�+liatot:' Me mf at 8ancroit'aoe each regular and entire issue of said newspaper and not Y Jewell wA aer tMa rlottA; in any supplement thereof on the following dates,to-wit: oe+o-:V S t�7740 tMR+a +�f:. July 26 ism ae.a�n tr.w.tnw Bjordrr etrNrBorQ d Cama d CanMa�s; I7 I979hu > all in the year of 1978. �—JA, grdaiMrklm CMrkdttM,Baar¢ I certify(or declare) under penalty of perjury that the °tdv niyd Conpa Costar - foregoing is true and correct. 'DaputyCtaM Gess 7- Executed Executed at Walnut Creek,California. Sh"?6.1979 On this 26 day of July 1979 r' gnature East Bay Newspapers,Inc. Contra Costa Times PROOF OF PUBLICATION P.O.Box 5088 Walnut Creek,Ca.94596 (415)935-2525 0 0 NOTICE OF PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON A PLANNING MATTER WALNUT CREEK AREA NOTICE is hereby given that on Tuesday Au ust 7 1979 , at 2:00 P.M. in Roo—m---M7 o the County Administration Building, corner o Pine and Escobar Streets, Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: Appeal of the City of Walnut Creek from County Planning Commission conditional approval of the tentative map of Subdivision 5477 filed by Goldrich, Kest & Associates. The location of the subject land is within the unincorporated territory of the County of Contra Costa, State of California, generally identified as follows (a more precise description may be examined in the office of Director of Planning, County Administration Building, Martinez, California): 15.22 acres located northwest of the intersection of Bancroft and Ygnacio Valley Road, fronting approximately 450 feet on the north side of Ygnacio Valley Road, approximately 700 feet west of the intersection of Ygnacio Valley and Bancroft Road, in the Walnut Creek area. By order of the Board of Supervisors of the County of Contra Costa, State of California. Date: July 17, 1979 J. R. OLSSON, County Clerk and ex officio Clerk of the Board of Supervisors of the County of Contra Costa, State of California By d¢d/ Do othy C Cass, Deputy C er € 009-30 The Board of Supervisors Contra Samna ole County clerk and fi E.O:haro Clerk of 11e Board County Administration Building • /C�os`a 0 ane Geraldine R-11 P.O.Box 911 f o In' / 14151312-2371 Martinez,California 94553 u 1 1 l� Tom Powers,1st District Nancy C.Fanden,2nd District Hobert I.Schroder.3rd District _ Sunne Wright McPeak,4th District fY Eric H.Hasselline,51h District yYe` July 17, 1979 CONTRA COSTA TIMES P. 0. Box 8088 Walnut Creek, California 94596 Gentlemen: Re: Purchase Order #47221 Enclosed is Notice of Public Hearing on appeal of the City of Walnut Creek from County anningPommiss3on�con itional approval of the tentative map of Subdivision 5477 filed by Gotdrtci,Kest'& associates, Wainut Creekarea, which we wish you to publish on July 26, 1979 Please sign the enclosed card and return it to this office. IMMEDIATELY upon the expiration of publication, send us an affidavit of publication in order that the Auditor may be authorized to pay your bill. Very truly yours, J. R. OLSSON, CLERK By Dothy C ass, eputy Clerk *TO BE CHARGED AT THE MAXIMUM RATE THE COUNTY MAY PAY FOR LEGAL ADVERTISING SET BY THE BOARD OF SUPERVISORS ON APRIL 21, 1970. 15.L� On July 1979, we received Notice of Public Hearing on appeal of the City of Walnut Creek from County Planning Commission conditional approval of the tentative map of Subdivision 5477 filed by Goldrich, Kest & Associates, Walnut Creek area, which we will publish on July 26, 1979. i CONTRA COSTA TIMES by P.0.#47221 _ Q0�i�L>� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Hearing on ) Appeal of the City of Walnut ) Creek from Administrative ) July 17, 1979 Decision of the County Planning ) Department in Connection with ) Subdivision 5477. ) This being the time for hearing on the appeal of the City of Walnut Creek from the administrative decision of the County Planning Department that the City's letter, appealing the County Planning Commission approval of Subdivision 5477, was not timely filed; and Harvey Bragdon, Assistant Director of Planning, having stated that the Planning Commission on June 5, 1979 approved with conditions the tentative map of Subdivision 5477, Walnut Creek area, filed by Goldrich, Kest & Asscciates, and having noted that the City's letter appealing said action along with the appeal fee was not received in the Clerk of the Board's office until June 21, one day after the appeal period, even though the Planning Department did receive a copy of said letter on June 12; and Thomas Curry, Assistant City Attorney, Walnut Creek, having stated that the City's letter of appeal was written June 8 and it could not be determined why it was delayed in reaching the Clerk's office, having noted that the Planning Department did receive a copy of the letter on June 12 and therefore was aware of the appeal, having stated that the issue is of vital concern to the City, and having urged that the Board grant the request and schedule a hearing on the subdivision appeal; and Keith Howard, representing the developer of Subdivision 5477, having stated that his client felt the City should receive the same consideration as an individual and having urged that if the Board were inclined to grant the City's request, the matter be scheduled for hearing at the earliest possible date; and Supervisor R. I. Schroder having stated that in his opinion the City acted in good faith by writing a letter to the Board and submitting a copy to the Planning Department which was received prior to the appeal expiration date, and that inasmuch as the delay was due to a technical error on the part of the City's Finance Department he would recommend that the administrative appeal be granted and that a hearing be held on the subdivision appeal before the Board in its Chambers, Room 107, County Administration Building, Martinez, California, on Tuesday, the 7th day of August, 1979 at 2 p.m. and the Clerk be directed to publish notice of hearing, pursuant to code requirements; and Supervisor T. Powers having stated that he could not support the recommendation because he felt it was the City's responsibility to timely file the appeal letter; CLl;�23a t IT IS BY THE BOARD ORDERED that the recommendation of Supervisor Schroder is approved by the following vote; AYES: Supervisors N. C. Fanden, R. I. Schroder and E. H. Hasseltine; .TOES: Supervisor T. Powers; ABSENT: Supervisor S. W. McPeak. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 17th day of July, 1979, J. R. OLSSON, Clerk By D rot y Gass, eputy Clerk cc: Gary Binger, Planning Director, City of Walnut Creek Jim Olmsted, Community Development Department, City of Walnut Creek Richard Hildebrand, Mayor City of Walnut Creek Richard Cole Goldrich, Kest & Associates Keith Howard, Attorney Director of Planning Walnut Creek Inv. County Counsel s *ZW RECEIVED 7-» Z- ,. :o �;,. JUL /a 1979 � CONTRA COSTA COUNTY `/7-22-/ PLANNING DEPARTMENT Z Z J. R. OISSON CLERK BOARD OF SUPERVISORS TO: Board of Supervisors DATE: July 12, 1979 FROM: Anthony A. Dehaesus SUBJECT: APPEAL, Subdivision 5477 Director of Planning (Walnut Creek area) by Harvey E. Bragdo This is an appeal of an administrative decision to not accept an appeal on Subdivision 5477. Chronological Background: June 5, 1979 - Subdivision 5477 app�oved by County Planning Commission. June 12, 1979 - Copy of appeal letter from the City of Walnut Creek, addressed to Board of Supervisors, received by the Planning Department. Appeal fee not included. June 20, 1979 - Last day to file appeal on Subdivision 5477. June 21 , 1979 - Appeal letter dated 6-8-79, check dated 6-13-79 and envelope postmarked 6-20-79 Walnut Creek, received by the Clerk of the Board of Super- visors. Copy of appeal letter and appeal fee hand delivered to the Planning Department by the Clerk of the Board. June 25, 1979 - Check for appeal fee returned with letter explaining non-acceptance of appeal . The County Ordinance Code indicates the following: 26-2.2406 Appeal - Notice. (a) An aggrieved part may appeal a decision of a division of the planning agency, to the appellate division indicated, by filing a written notice of appeal , speci- fying the grounds for appeal , with the planning department within the time herein allowed upon payment of the fees prescribed by Article 26-2.28. The copy of the appeal letter received by the Planning Department on 6-12-79 was deemed to not constitute a complete appeal because the appeal fee was not included. The complete appeal (letter and fee) was filed with the County after expiration of the appeal period. HEB:lsw Attachments: Appeal Letters, Resolution of Approval , Staff Report. A list of people to be notified of your Board's hearing date is attached. Please notify the following people of your Board's hearing date and time on Subdivision 5477: Gary Binger, Planning Director City. of Walnut Creek 1501 No. California Blvd. Walnut Creek, CA 94596 Jim Olmsted Community Development Dept. City of Walnut Creek 1501 No. California Blvd. Walnut Creek, CA 94596 Richard Hildebrand 1445 Civic Drive Walnut Creek, CA 94596 Richard Cole c/o George Nolte & Associates 1256 Civic Drive Walnut Creek, CA 94596 Goldrich, Kest & Associates 15233 Ventura Blvd. , #816 Sherman Oaks, CA 91403 00CY I { ! BEFORE THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA +1 STATE OF CALIFORNIA iIn the Matter of the Application for Approval of the Tentative Map of Subdivision Number 5477/ 1� WHEREAS, a request for approval of a tentative map to subdivide 15.22 , acres into 120 condominium units in a Multiple Family Residential District (M-17` was received in the Planning Department on November 6, 1978; and WHEREAS, said property is described as being a descriptive parcel located northwest of the intersection of 'Bancroft and Ygnacio Valley Road, fronting approximately 450 feet on the north side of Ygnacio Valley Road, approximately 700 feet west of the intersection of Ygnacio Valley and Bancroft Road, in the Walnut Creek area; and I� + WHEREAS, after notice thereof having been lawfully given, a public 1, a hearing was held by the Planning Commission on June 5, 1979, whereat all persons 1: interested therein might appear and be heard; and WHEREAS, the matter having been submitted and the Planning Commission i' having- fully considered the same as it relates to the health, safety and generai !i welfare of the County, the orderly development of land in the County, the �! preservation of property values, the effect upon the neighborhood, the effect :j upon the General Plan and the special conditions applicable to the instant case; and NOW THEREFORE, BE IT RESOLVED that the Planning Commission APPROVES i • i� the tentative map of Subdivision 5477, subject to conditions as listed in Exhibit "A", which is attached hereto and made a part thereof; and 1� BE IT FURTHER RESOLVED that the reasons for this approval are as !� follows: (1) The proposed subdivision is in conformance with the General Plan. 1� (2) The proposed subdivision is in substantial conformance with the �; M-17 Zoning District. Subdivision Number 5477 (3) The proposed subdivision is in substantial conformance with the prevloulsly approved development plan (#2204-77) for the subject property. BE IT FURTHER RESOLVED, that the tentative map of Subdivision Number 5477 be CONDITIONALLY APPROVED subject to the hereinafter stated conditions, only as to lot design and layout, street alignment and widths, and tentative design of the subdivision. The foregoing conditional approval expressly does not include matters required to be approlred in the Improvement Plans. The foregoing approval was made in the motion of Commissioner Compaglia seconded by Commissioner Young , and adopted at the Planning Commission meet- ing of June 5, 1979, by the following vote: AYES: Commissioners - Compaglia, Young, Phillips, Brombacher, Milano, Anderson, Walton. NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. WILLIAM V. WALTON, III Chairman of the Planning Commission i ( County of Contra Costa, State of California I� ATTEST: Anthony A. Dehaesus Direct of Planning 1} 1 vey *Direr sistananning, Current Plannir 1 I ,I Oxhibit A" •CONDITIONS FOR APPROVAL OF SUBDIVISION 5,177 1. Comply with all conditions of approval for LUP 2204-77 as shown in "Exhibit A" and as modified by this permit. 2. Comply with the requirements of the Department of Public Works as shown on "Exhibit B". 3. Prior to filing the final subdivision map for any portion of this development the developer shall submit for review an instrument indicating how common areas and open space are to be established and maintained. Said instrument shall include provisions for the maintenance of-the greenway along Ygnacio Valley Road for that portion adjacent to the subject development. 4. Submit a copy of the final Covenants, Conditions, and Restrictions for the development and receive approval prior to recording the final map. The C. C. $ R's for each phase of this project shall be written to require each phase to annex to the previous phase so that all three phases will ultimately operate with one homeowners association. 5. Install the greenway along Ygnacio Valley Road prior to occupancy of any unit in Phase I. Landscaping, fencing and other construction shall be compatible with the remainder of the Ygnacio Valley Road greenway. 6. Construction of all interior streets and storm water collection, shall be bonded with the first phase of development. 7. Fences shall be a maximum of 6 feet in height. 8. The applicant shall comply with the Parkland Dedication Ordinance by a combi- nation of dedicating parkland and in lieu fees. Proportions to be determined by the Zoning Administrator. 9. Phasing shall be for the purpose of construction of units. 10. Location of mail boxes shall be subject to approval by the postmaster. 11. Fenced rearyard areas shall be included in exclusive easements for each respective unit. 12. Comply with the requirements of the Contra Costa Consolidated Fire District. DV/mb 5/29/79 6-6-79 000-2 0 ADDENDUM TO STAFF REPORT FOR SUBDIVISION 5477 Revisions to Conditions: ' 5. Install the greenway along Ygnacio Valley Road prior to occupancy of any unit in Phase I. Landscaping, fencing and other construction shall be compatible with the•remainder of the Ygnacio Valley Road greenway. 8. The applicant shall comply with the Parkland Dedication Ordinance by a combination of dedicating parkland and in lieu fees. Proportions to be determined by the Zoning Administr4tor. DV:lsw 6-5-79 CONTRA COSFA COUPTI'Y PLANNCNG COMMSSION Staff Report and Reconmiendations June 5, 1979 SUBDIVISION 5477 I. Introduction This is a request for approval of a tentative map to subdivide 15.22± acres into 120 condominium units in a Multiple Family Residential District (M-17) fronting 420 feet on the north side of Ygnacio Valley Road ge4erally northwest of the intersection of Ygnacio Valley and Bancroft Roads, in the Walnut Creek area. (Parcel No. 144-060-027) II. Background and Related Actions A. General Plan: 1974 Ygnacio Valley Road-Bancroft Road Area Plan: Multiple Family Residential-Low Density (7 to 12 dwelling units per acre). B. Zoning: Multiple Family Residential (,til-17) which allows a maximum of 17 units per acre. C. Site Description: Relatively flat, undeveloped 15.22 acre site. D. Land Use Permit #2204-77: This land use permit approved August 29, 1978, allows the construction of a maximun of 120 dwelling units. the requested subdivision for this development will allow sale of the individual residential units without altering the physical nature of the approved development. E. Special Regulatory Programs: The subject property is within the 60 dM noise contour per the General Plan Noise Element. F. BIR: Although it was found that the proposed project under LUP 2204-77 may have a significant effect on the environment, it was determined that a new EIR was not required because the concerns were adequately covered by previous EIR's (particularly for LUP 2145-75 on the same property). The applicant was required to submit an updated traffic assessment, a noise assessment study, a study of the impact of the proposed project on the municipal services of the City of Walnut Creek and composite site plans and elevations showing the visual impact on roadways prior to the completion of the initial study. The City of Walnut Creek was advised of this determination and concurred that a new EIR was not necessary. 'the subdivision wnich is the subject of this application will not alter the approved development of the site. Since the condominium subdivision will only alter the type of ownership of the 120 dwelling units there will be no significant adverse environmental impacts from the subdivision itself. A negative declaration has been issued for this subdivision. StAxtivisioa 5477 Page 2 SL Ll:(: 1lcipurL and Kcwnuucions • 111. Na Lu!•c of l:e�lucs t 'llie proposed subdivision is divided into three pleases. Phase I will consist of 44 condominium units and common swiimning pool area. Phase I1 will consist of 41 units and a tennis court area. Phase III will complete the project with the addition of the final 35 units. Each phase will be one lot of this three lot condominium subdivision. Each phase will be annexed to the previous phase, the end result being one condominium development with one homeowner's association. IV. Site Development The physical make-up of site development on the subject property will remain essentially the same as previously approved under LUP 2204-77. The 120 residential units will each have an enclosed rear yard area. Unit otiMgrs will have an exclusive easement for their respective fenced-rear yard areas. Maintenance of these rear yard areas will be the responsibility of the respective dwelling unit owners. The greenway along Ygnacio Valley Road adjacent to the subject property should be installed prior to issuance of building permits. An effort should be made by the developers to coordinate the construction of the portion of the greenway with the construction of that portion of the greenway associated with the development adjacent to the east. An abstract of the approved development is provided below. Project as approved Under LUP 2204-77 Ord. Requirements Minimum parcel size 15.22 acres 10,000 square feet Maximum lot coverage 24.9% 25% Density 7.8/acre or 1 du/5525 17/acre or du/2500 square feet square feet Building height 30' max. (see below) 30 feet Setback 25 feet to dedicated 25 feet greenway Rearyard 20 feet 20 feet Parking/unit 2/unit (240 total) 2/unit (240 total) covered 100% 50% guest 35+ driveways 30 Open area 53% 250 Minimum distance between buildings 10 feet 20 feet V. Conclusion and Recommendation The tentative map conforms with the previously approved overall development plan for this site and the General Plan. Staff recommends that the tentative map for Subdivision 5477 be approved with. conditions. DV/nib 5/29/79 • C,u,ilil 1 3 1. Comply with all. "conditions of approval, for LUP 2204-77 as shown in "Exhibit P and a; mtod.i.f i.cd by this permit. 2. Comply with the requirements of the Department of Public Works as shown on "lizlti b_i t B". 3. Prior to I-H ino the fiwil subdivision map for any portion of this development the developer shall submit for review an instruuent indicating how common areas and opcn space arc to be established and maintained. Said instrument shall i.ncludc provisions for the maintenance of the grcenway along Ygnacio Valley Road for that portion adjacent to the subject development. 11. SubmiL a copy of the final Covenants, Conditions, and Restrictions for the devclopmt�nt and receive approval prior to recording the final map. The C. C. (; R's for each phase of this project shall be written to require each ptlasc to annex to the previous phase so that all three phases will ultimately operate with one homcoi%hers association. S. Install the greenwav along Ygnacio Valley Road prior to issuance of building permits. L;nidscaping, fencing, and other construction shall be compatible with the ronaindcr of the Ygnacio Valley Road greenway. 0. Qonstruction of all interior streets and storm tater collection, shall be bonded wiU,, the first phase of development. 7. l-enccs shall be a mr.Lximun of G feet iii height. 8. 'llie Patric Ucdication Pee shall be calculated based on $300 per condominium unit. ,1 credit: may be applied to this fee for park land dedicated. 17ie amount of the credit shall reflect the fair market value of land dedicated to and accepted by the City of IV.rtlnut Creek. Calculation of the value of dedicated park land shall be bayed on the most recent purchase price for the subject property, pro-ratod W reflect the dedicated park 1.uLd area. This value may be inflated at an annual. flat rate of 710 calculated from the time of most recent purchase to U-W IJ.mc of dedication. The land area dedicated shall be as shown on the telltaLIVC map dated by the Plajuiing Department March 26, 1979. 9. Phasing; shall, be. for the purpose of construction of wets. 10. I•oc:cttiun of mail. byes shall be subject to approval by the postmaster. 11. fenced r-Irvard areas shall be included in exclusive easements for each respcctive LUILt. 12. Comply WiUL t;te requ:iremCLts of the Contra Costa Consolidated Fire District. LAI/mh 5/29/79 GnhIi, I,, I w.I A-.%ot-ial.w. i:';'04-71 1:X1111411' A ,rrnl I.hV •.p,'r_i.,l ,.rnuliI.i„r," .,pl,licable to Lhe insLant case; and 1101•:, '1111.R110RL, BL IT RLSOLVEU that the Planning Commission APPROVES the subject application in that approval would not be deleterious to the objectives of the County Zoning Code and to the aforementioned considerations; and THLREFORE. BE IT FURTHER RESOLVED, that the following conditions are imposed on the granting of this permit: 1 . Development shall generally be as shown on the revised plans submitted to the Planning Department dated August 23, 1978, subject to final. review and approval by the Corinty Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below. 2. This permit is granted for a maximum of. 120 dwelling units. 3. Comply with the landscape and irrigation requirements as follows: A. A landscape and irrigation plan shall be submitted for review and approval by the County Zoning Administrator. Special attention should bo given to drought resistant trees, shrubs, plants and drip-type irri- nation systems. A cost estimate or copy of contract for landscaping improvements shall be submitted with the plan. Landscaping and irri- gation shall be installed prior to occupancy. B. ll occupancy is requested prior to the installation of the landscape and irrigation improvements, then either: (1 ) a cash deposit; (2) a bond; or (3) a letter of credit shall be delivered to the County for 1;101; of tine estimated cost of the uncompleted portion of the landscap- ing and irrigation improvements. If compliance is not achieved after pix months of occupancy, as determined by tiie County Zoning Administra- tor, the County shall contract for the completion of the landscaping and irrigation improvements to be paid for by the held sum. The County shall return the unused portion within one year of receipt or at the completion of all work. If drought conditions exist., the six months period can be extended by the Zoning Administrator. C. Landscaping shall include deciduous trees along southern exposures, coniferous and broad-leaf evergreen trees along the east and western exposures and evergreen along the north exposures. In addition, large canopy trees, and fast-growing deciduous and/or evergreen trees should he planted adjacent to parking areas. D. Particular emphasis shall be given to presenting an attractive appear- ance from Bancroft Road and Ygnacio Valley Boulevard, with regard to the composite design of landscaping, mounding, walls, fence design and other architectural features. 4. Prior to tine issuance of a building permit, elevations and architectural design of building and structures shall be subject to final review and approval by Lhe County Zoning Administrator. The roofs and exterior walls of tine buildings shall be free of such objects as air conditioning equip- ment, television aerials, etc. , or screened from view. Exterior treatment and color shall also be shown. Perspectives, cross- section,,, side and rear views and details shall be included in plans sub- mitted for architectural review. • • • •Isx111111r n ! . Cuny(iv wil.lt iwrkin(I foiiows: A. Ihr nn- Ji.v parking and circ:111,11.ion '11,111 hr. designrd (IS per Counl.y'Ord- . ilt,tn(•e providing a minimum of Lwo (7.) enclosed space; per unit and a minirunn of 35 open-guest parking appropriately located. B. Off-street parking areas shall be surfaced with an asphaltic or Portland crment binder pavement, or similar material , so as to provide a durable and dustless surface, and shall be so graded and drained as- to prevent Lhe ponding of water. G. Private roadtrays shall be a minimum of 28-ft. , wide with a 3-ft. , side- walk on one side with adequate turning radius to handle emergency vehicles. G. Extet•ior lights shall be deflected so that:lights shine onto applicant's proporLy and not: toward adjacent properties and shall be subject to review and approval prior to installation. 7. There bray be two signs for identification purposes only permitted subject to review and approval of the Zoning Administrator. ti. Building construction and design as viell as tupes of appliances uses in the project shall be conducive to minimizing energy demands. 9. Variance is granted to allow a minimum of 10-feet between buildings and structures subject to further review and final approval of the Zoning Admin- istrator, generally based on the approved, revised plan. 10. Tile applicant shall comply with the Parkland Dedication Ordinance by a com- bination of dedicating parkland and in lieu of fees. Proportions to be de- termined by the Zoninq Administrator. 11 . Comply with the requirements of the County Building Inspection Department. 12. Curbside parking on site shall be prohibited. 13. Comply with the requirements of the Contra Costa County Consolidated Fire District. 14. Comply with the requirements of the Public Works Department as follows: A. 110 permanent structures other than drainage structures shall be construct- ed within or over any dedicated drainage easement. B. Construct curb, 6-ft. , meandering pathway (concrete), necessary longitud- inal drainage, and pavement ti•[idening on Ygnacio Valley Boulevard,- conform- ing -to the plans of the City of Walnut Creek. C. Any section of the storm drainage system which conveys storm tater, to which the ptcblic streets contribute flow, shall be installed in a dedi- cilLed drainage casentent. D. ln'Lall all utility distribution services underground. E. inst-all street lights on Ygnacio Valley Road. The final number and location of the lights will be determined by the Traffic Engineer. This property shall be annexed to the County Service Area L-42 for the maint- enance and operation of the street lights. F. Submit landscaping plans for the "Greenway Area" to the Public Works Det. , Land Development Division, for review. The Cratering system for this area shall be independently metered. The developer shall make pro- vision for financing maintenance of the greenway through a homeowners' association or other appropriate entity. 31 G. Submit Improvement Plans to the Public Works Dept., Land Development 10 111 T A 1)iVi'.loll, lnl• reviv'a' Illy an insln'clAon lee, plan review fee, and applicable 1 ighl.in(I and fire hydrant fees. Overall curb grade plans will be prepared iy tho Puhlic Works Department for use by the applicant in the preparation of specific improvement plans. The improvement plans shall be submitted to the I'llblic.l'Iorks Dept., Land Development Division, prior to the issuance of any building permit. The review of improvement plans and the payment of all fees shall lie completed prior to the clearance of any building for occupancy by the Public :'corks Department. If occupancy is requested prior to construct- ion or improvements, the applicant shall execute a Road Improvement Agreement with Contra Costa County and post the bonds required by the Agreement to guarantee completion of the work. N. Prior to the issuance of any building permit, furnish proof to Public :'forks Deparment, Land Development Division, of the acquisition of all necessary rights of entry, permits and/or easements. for the construction of all off- site, temporary or permanent drainage improvements. I. Developer shall obtain an encroachment permit from the City of Walnut Creek for the Ygnar_io Road improvements. The requirements of the City shall be shown on tiie plans and the permit shall be issued prior to the issuance of the building permit. J. The private strees shall conform to private road standards with the exception of 20-ft. , widths. The foregoing order was given by vote of the Planning Commission on Tuesday, August 29, 1978, as follows: AYES: Commissioners - Milano, Young, Compaglia, Walton, Anderson. NOES: Commissioners - Plone. ABSENT: Commissioners - Phillips, Stoddard. ABSTAIN: Commissioners - None. DONALD E? ANDERSON Chairman of the P1 nning Commission of the Counk. .Deha a C sta, State of California 1'.i September 1971.; ATTEST: //� • i Anthesus, Secretar;�of the Planning /Commtra Costa, County, California PUBLIC WORKS DEPARTMENT i CONTRA COSTA COUNTY Date: May 31, 1979 To: A. A. Dehaesus, Director of Manning Attention: Arnold B. Jonas, Chief, Subdivision Administration From: Vernon L. Cline, Public Works Director By: William R. Gray, Assistant Public Works Director, Land Development Subject: Subdivision 5477, Tentative Map We have reviewed the subject tentative map received in your office on November 27, 1977, and offer the following comments for your consideration: The subdivision is a subdivision for condominium purposes of development approved under Land Use Permit 2204-77. The subdivision should conform to the require- ments of that permit. This would require the construction of frontage improve- ments along Ygnacio Valley conforming to the plans of the City of Walnut Creek, including street lights and landscaping for the greenway area. The developer should also conform to the Ordinance Code requirements for the drainage ditch at the rear of the property. If this subdivision is approved as shown on the tentative map, the following items should be included in the conditions of approval: A. The subdivision shall conform to the provisions of Title 9 of the County Ordinance Code. Any exception therefrom shall be specifically listed in the conditions of approval. B. The improvements on Ygnacio Valley Road shall be constructed with Phase ,• I, including landscaping of the greenway. Developer shall make provisions for financing maintenance of the greenway landscaping through a homeowners association or other appropriate entity. LTcc 547752979 0002, 6 f CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF ❑ Completion of Environmental Impact Report © Negative Declaration of Environmental Significance CONTRA COSTA COUNTY PLANNING DEPARTMENT P.O. Box 951 Martinez,California 94553 Telephone: (415)372-2031 Contact Person Dan Vanderpriem Project Description and Location: SUBDIVISION 5477 (Applicant: George S. Nolte and Associates) A request for approval of a tentative map to subdivide 15.22 acres into 120 condominium units in a Multiple Family Residential District(M-14).Subject property is located northwest of the intersection of Bancroft and Ygnacio Valley Roads, fronting approximately 450 feet on the north side of Ygnacio Valley Road, approximately 700 feet west of the intersection of Ygnacio Valley and Bancroft Roads, in the Walnut Creek area. (CT 3382) (Parcel #144-060- 027) The project will not have a significant effect on the environment. The recommen- dation is based on the following: The proposed subdivision will not result in any physical changes to the subject property. All proposed improvements may be built under approved LUP 2204-77 for which an EIR was not required. No new EIR was required for 2204-77 since CEQA requirements were accommodated by an EIR previously prepared for LUP 2145-75 for the subject property. ❑ Justification for Negative Declaration is attached. ❑ The Environmental Impact Report is available for review at the address below: Contra Costa County Planning Department 4th Floor,North Wing,Administration Building Pine&Escobar Streets Martinez,California Review Period for Environmental Impact Report or Negative Declaration: thru � 7 9 By .1 AP 9 R3/79 Planning Department Representative The Board of Super*ors Contra 10CnnnryG Ork pnd _ Costa Mrs.Geraloin�Ru-11 F.Ofh6M Clork of In.Hr•+ n oa Culrrvty/ldminn C istratioBuilding C-1 clerk P. s i,r;1,< titCounty3,2.2371 sirbne::, Caht�;ni;t,,4553 To,.V--.i-.i [' Q Nancy C.Fanden.2no Disdua f'', JUl .J �t3 N '19 Rohert 1.Schroder,$rd U4trict f •�:3'_��A'•'• Sunne Wright Mc?eak,ah District Eric H.fl.--line.5th District " July 6, 1979 The Honorable Richard D. Hildebrand Mayor of the City of Walnut Creek 1445 Civic Drive Walnut Creek, California 94596 Dear mayor Hildebrand: Pursuant to Section 14-4.006 of the County Ordinance Code, ' notice is given that July 17, 1979 at 2 p.m. has been set as the time for hearing on the City's appeal from the decision of the County Planning Department that the City's letter, appealing the County Planning Commission approval of Subdivision 5477, was not timely filed. Very truly yours, J. R. OLSSON, CLERK By Vera-Nelson Deputy Clerk CC: Gary Binger, Chief of Planning City of Walnut Creek George Nolte and Associates Attention Richard Cole Goldrich, Kest and Associates Director of Planning ✓ County Counsel County Administrator 000230 S.3S 4 from the office of MAYOR June 28, 1979 Clerk Board of Supervisors County Administration Bldg. Martinez, CA 94553 RE: Refusal of Planning Department acceptance of City's appeal-- Subdivision No. 5477 (Village Townhomes) Dear Sir: By letter of June 25, 1979, the County Planning Department returned the City' s appeal letter with its $200 fee stating that the appeal was not timely filed. Pursuant to Contra Costa County Ordinance . Code §14-4. 002 et seq. the City desires to appeal this administrative decision to the Board of Supervisors. On June 5, 1979, the Planning Commission conditionally approved Subdivision No. 5477 (Village Townhomes) . The City has previously expressed in writing certain concerns with this subdivision as pro- posed. On June 7 Mr. Gary Binger, the City's Chief of Planning, informed Mr. Dehaesus by phone that the City was going to appeal the Planning Commission decision and on June 8 Mr. Binger signed a letter addressed to Mr. Eric Hasseltine, Chairman of the Board of Supervisors, appealing the action. A copy of that letter is enclosed. A copy of that letter was mailed to Tony Dehaesus, County Planning Director, and was received in his office on June 12, as evidenced by the enclosed "received" stamped copy. It is our understanding that such an appeal should be filed with the Planning Department, and it was. However, due to clerical inadvertence the original with the fee was not received by the County until the morning of June 21. Even so, the County by oral and written notice was aware that the City was appealing. The approval of this subdivision is of vital interest to the City in that in all steps of the proceedings in the approval of the land use permit for this development and this subdivision, the City has appeared both in writing and in person raising certain objections. This property is adjacent to the City's largest park, fronts on a major thoroughfare and is within our sphere of influence: In addition, the City contends that the proposed density is contrary to the County' s General Plan and the City's General Plan. ,,.,.; rl'!*I�- Twrl* u.frN77 rrtFFr; r1fTFnr4%'F.1 01,59r 615 _ 0?5_??fir) c:lcrk Board o�f Supervisors June 23, 1979 Page 2 For the above reasons we respectfully request that the Board of Supervisors set this matter for hearing. Please advise as to the scheduling of this matter. Respectfully submitted, SDI"=. ZAJ RICHARD D. HILDEBRAND RDH:DJC:dl Enc. cc: Supervisor Rbt. Schroder City Council City Manager City Clerk City Attorney CDD--Planning 000230 31E nut 1.1.15 CI VIC DAIVE, - IfALINUT CI1ELK, CA1.11'ORNIA 94596 415-935-3300 city of June 8, 1979 Mr. Eric Hasseltine x Chairman Board of Supervisors Contra Costa County = Administration Building w Martinez, CA 91553 Dear Mr. Hasseltine: RE: APPEAL — SUBDIVISION 5477 At its meeting of June 5, 1979, the Contra Costa County Planning Commission conditionally approved Subdivision 5477.. The City of Walnut Creek registered its opposi— tion to this subdivision based on its inconsistency with the Walnut Creek General Plan Land Use Element. In addition, the City pointed out that the County's General Plan for this area limited development to 660 units, and that this development would exceed that maximum. For the above reasons, and on behalf of the Walnut Creek City Council, I hereby appeal this action. Please advise as to the schedule g of this appeal. 'i cerelyours, GARY BIN ER CHIEF OF PLANNING GB:hn Fncl: $200 Appeal Fee Check cc: City L:anagc•r (6) City Council City Attorney ,�X5� Dehaesus, Planning Director, CCC 000230 Jame The Board of Superloors Contra Count Clerk County Clerk antl (�'1, Ex Officio Clerk of the Board County Administration Building Costa Mrs.Geraldine Russell P.O. Box 911 Chief Clerk Cour tats 372-2371 Martinez, California 94553 Tom Powers,1st District Nancy C.Fanden,2nd District 'e Robert 1.Schroder,3rd District _• Sunne Wright McPesk,41h District Eric H.HusMline,5th District July 6, 1979 The Honorable Richard D. Hildebrand Mayor of the City of Walnut Creek 1445 Civic Drive Walnut Creek, California 94596 Dear Mayor Hildebrand: Pursuant to Section 14-4.006 of the County Ordinance Code, notice is given that July 17, 1979 at 2 p.m. has been set as the time for hearing on the City's appeal from the decision of the County Planning Department that the City's letter, appealing the County Planning Commission approval of Subdivision 5477, was not timely filed. Very truly yours, J. R. OLSSON, CLERK By Vera Nelson Deputy Clerk CC: Gary Binger, Chief of Planning City of Walnut Creek George Nolte and Associates Attention Richard Cole Goldrich, Kest and Associates Director of Planning County Counsel County Administrator 0002 30 eY - R.E CEIV�D J. R. O CLERK BOARD 4fF P! SUPERVISORS lC111 WA CO. IAIZI `~~'' ClLaJ- C 1-:41 12--5-6 L 6Z�p 14 t cl� 000230 ,w� • • RECEIVED InutW11 STA C. Uy_..._'�_L:... .......Dep❑^r from the office of MAYOR June 28, 1979 Clerk Board of Supervisors County Administration Bldg. Martinez, CA 94553 RE: Refusal of Planning Department acceptance of City's appeal-- Subdivision No. 5477 (Village Townhomes) Dear Sir: By letter of June 25, 1979, the County Planning Department returned the City's appeal letter with its $200 fee stating that the appeal was not timely filed. Pursuant to Contra Costa County Ordinance Code §14-4. 002 et seq. the City desires to appeal this administrative decision to the Board of Supervisors. On June 5, 1979, the Planning Commission conditionally approved Subdivision No. 5477 (Village Townhomes) . The City has previously expressed in writing certain concerns with this subdivision as pro- posed. On June 7 Mr. Gary Binger, the City's Chief of Planning, informed Mr. Dehaesus by phone that the City was going to appeal the Planning Commission decision and on June 8 Mr. Binger signed a letter addressed to Mr. Eric Hasseltine, Chairman of the Board of Supervisors, appealing the action. A copy of that letter is enclosed. A copy of that letter was mailed to Tony Dehaesus, County Planning Director, and was received in his office on June 12, as evidenced by the enclosed "received" stamped copy. It is our understanding that such an appeal should be filed with the Planning Department, and it was. However, due to clerical inadvertence the original with the fee was not received by the County until the morning of June 21. Even -so, the County by oral and written notice was aware that the City was appealing. The approval of this subdivision is of vital interest to the City in that in all steps of the proceedings in the approval of the land use permit for this development and this subdivision, the City has appeared both in writing and in person raising certain objections. This property is adjacent to the City's largest park, fronts on a major thoroughfare and is within our sphere of influence. In addition, the City contends that the proposed density is contrary to the County's General Plan and the City's General Plan. 1145 CIA_%R11T K41:i'UT CREEK, C.4LIFORNT.4 94596 415 - 000230 Clerk Board of Supervisors June 28, 1979 Page 2 For the above reasons we respectfully request that the Board of Supervisors set this matter for hearing. Please advise as to the scheduling of this matter. Respectfully submitted, ?;J� P.OLL4-d RICHARD D. HILDEBRAND RDH:DJC:dl Enc. cc: Supervisor Rbt. Schroder City Council City Manager City Clerk City Attorney CDD--Planning 00023© WInut 1145 CIVIC DRIVE - WALNUT CREEK, CALIFORNIA 94596 415-935-3300 City of June 8, 1979 Mr. Eric Hasseltine x '` Chairman Board of Supervisors ' Contra Costa County = Administration Building w Martinez, CA 94553 Dear Mr. Hasseltine: t GG RE: APPEAL - SUBDIVISION 5477 At its meeting of June 5, 1979, the Contra Costa County Planning Commission conditionally approved Subdivision 5477. The City of Walnut Creek registered its opposi- tion to this subdivision based on its inconsistency with the Walnut Creek General Plan Land Use Element. In addition, the City pointed out that the County's General Plan for this area limited development to 660 units, and that this development would exceed that maximum. For the above reasons, and on behalf of the Walnut Creek City Council, I hereby appeal this action. Please advise as to the schedu g of this appeal. i cerely ours, GARY BIN ER CHIEF OF PLANNING GB:hn Encl: $200 Appeal Fee Check cc: City Manager (6) City Council Cit -Attorney Dehaesus, Planning Director, CCC Coono Planning comnilulor,Momben 1-1-l".1111- �iy Uc��irtr� t ('c rIIIM 40 Wit I-1 Y.Wnllu,,,111 C/ l 1'Innannl IIIII- Chnhnuu, l`sIa Alhorl 11.Compnglla County Arlt, ,nishahun Ouildlnrl, Nurth Wing ^ Madinat—Vice Chauman - P.0 I1ox q51 �ouniy Donald E.Anderson Martinez, Calilornia 94553 Moraga Elton Bromhacher Anthony A.Dehaesus Oireclor of Planning Richmond Phone:372-2026 "�° William L.Milano Pittsburg Carolyn D.Phillips Rodeo Andrew H.Young June 25, 1979 Alamo RE,EIVE�D i j U L -'?- 1979 CLERK BOARD OF SUPERVISORS ONT CppSTA CO- B- O. l B»._ .._.�.. 4rt Deputy i 1 Gary Binger Chief of Planning City of Walnut Creek 1445 Civic Drive j IValnut Creek, CA 94596 Dear Mr. flinger: r This is to confirm our telephone conversation of today informing you that your appeal had been received after the appeal period had expired at 5:00 p.m. on .Tune 20, 1979. Your appeal was received by the Clerk of the Board on the morning of June 21, 1979 and by our office at 11:30 a.m., Junc 21, 1979. Your check in the amount of $200.00 is enclosed. Sincerely yours, AnthonqAD.etaesus Direr lal ng F irvedon Assisctor Currenng IIL•B:plp cc: Sub 5477 enc. 0UG?r3 i/ 1445 CIVIC DRIVE - WALNUT CREEK, CALIFORNIA 94596 415-935-3300 June 8, 1979 RECEIVED Mr. Eric Hasseltine Chairman ,JUN �24 1979 Board of Supervisors Contra Costa County J. K. OLSSON Administration Building BOARD OP SUPERVISORS Martinez, CA 94553 L8ZCLERK 2 o"T srA co. Dear Mr. Hasseltine: RE: APPEAL - SUBDIVISION 5477 At its meeting of June 5, 1979, the Contra Costa County Planning Commission conditionally approved Subdivision 5477. The City of Walnut Creek registered its opposi- tion to this subdivision based on its inconsistency with the Walnut Creek General Plan Land Use Element. In addition, the City pointed out that the County's General Plan for this area limited development to 660 units, and that this development would exceed that maximum. For the above reasons, and on behalf of the Walnut Creek City Council, I hereby appeal this action. Please advise as to the schedu g of this appeal. i cerely ours, GARY BI ER CHIEF OF PLANNING GB:hn Encl: $200 Appeal Fee Check cc: City Manager (6) City Council City Attorney Tony Dehaesus, Planning Director, CCC