Loading...
HomeMy WebLinkAboutMINUTES - 01251994 - H.7 H. 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 25 , 1994 by the following vote: AYES: Supervisors Smith, Bishop; Nkfeak , Torlakson and Powers NOES:' None ABSENT: None ABSTAIN: None SUBJECT: Appeal By Save Mt. -Diablo Of The San Ramon Valley Regional Planning Commission' s Decision To Uphold The Zoning Administrator' s Approval Of County File #2013- 93, John 'And Debbie Pereira, San Ramon Area. - On January 18, 1994, the Board of Supervisors continued to this date the hearing on the appeal by Save Mt . Diablo of the San Ramon Valley Regional Planning Commission' s decision to uphold the Zoning Administrator' s approval of County File '#2013-93', John and Debbie Pereira, applicants and owners, in the San Ramon area. Seth Adams, representing Save Mt . Diablo, commented on the letter dated January 24, 1994 withdrawing the appeal . Supervisor Bishop commented on maintaining the integrity of the trail along the creek. Supervisor Torlakson moved to accept the withdrawal of the appeal and requested that the staff notify Save Mt . Diablo of any planning issues being considered near any parks and requested that staff look at the trails issue relative to. implementing the trail- system. IT IS .BY THE BOARD ORDERED that the withdrawal of the appeal by Save Mt . Diablo relative to County File #2013-93 is ACCEPTED; and Community Development Department staff is REQUESTED to notify Save Mt . Diablo of any planning issues being- considered near any parks and look at the trails issue .relative to implementing the trail system. Orig. Dept . : Clerk of the Board cc: Community Development Department County Counsel John and Debbie Pereira Save Mt . Diablo I hereby certify that this Is a true and correct copy of an action taken and entered on the .minutes of the Board of Su rvisors on the date shown. ATTESTED: PHIL TCHELOW O ,Clerk of the Board Supe and u minlatrator 0 By Deauty If.' APPEAL JOHN & DEBBIE PEREIRA (Applicants & Owners) SAVE MOUNT DIABLO (Appellant) COUNTY FILE #2013-93 A request to establish two additional residential units, one additional single-family dwelling for a member of the family, one mobile home on a permanent foundation. San Ramon area. BOARD OF SUPERVISORS CONTRA COSTA COUNTY JANUARY 25, 1994 - 2:00 P.M. Seth Adams Save Mount Diablo P.O. Box 44 MArtinez, CA 94553 in Andrea Mackenzie we to*q East Bay Regional Park District 2950> Pealta oaks Court mo Oaklandr, CA 94605 Ai M r.0 0 Mr. 4 Mrs. Bruce Roen 1530 Finley Rd. Pleasanton, CA 94588 John Debbie Pereira 1501 Finley Rd. Pleasanton, CA 94588 Fakhry Kawar 1170 Tournament Dr. Hillsborough, CA 94010 Mr. & Mrs• Ron steward . 5200 old ichool Rd. Pleasanton, CA 94588 Mr. and Mrs. Walter Bell 1430 Finley Rd. Pleasanton, CA 945e8 Mrs. Esther Fultz 1431 FinleyFRd. Pleasanton, CA 94588 Mr. & Mrs. Virgil Williams 1450 Finley Rd. Pleasanton, CA 94588 MR. & Mrs. Pierre Inarborde 1500 Finley Rd. Pleasanton, CA 94588 s Cwra TO: BOARD OF SUPERVISORS •..!' Costa _• FROM: HARVEY E. BRAGDON Canty DIRECTOR OF COMMUNITY DEVELOPMENT DATE: January 25, 1994 SUBJECT: Appeal by Save Mount Diablo of the San Ramon Valley Regional Planning Commission's Decision to Uphold the zoning Administrator's Approval of County File 02013-93, John & Debbie Pereira (Applicants S Owners) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the San Ramon Valley Regional Planning Commissionts decision approving Land Use Permit 12013-93 and deny the appeal of Save Mount Diablo. 2. Accept the environmental review documentation as complete and adequate. 3. Adopt the Statement of Findings (Exhibit "A") . 4. Approve the findings and conditions (Exhibit "B") as recommended by the Commission at the December 15, 1993 meeting. 5. Direct staff to file a Notice of Determination with the County Clerk. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is requesting approval of two additional residential units, one additional single-family dwelling for a member of the family and one mobilehome on a permanent foundation as living accommodations for agricultural workers employed on the premises, in an A-20 Exclusive Agricultural District. The mobilehome on a permanent foundation will replace an existing and pe itte temporary home for a caretaker. CONTINUED ON ATTACHMENT: x YES SIGNAT ` RECOMMENDATION OF COUNTY ADMINISTRATOR M RECOMMENDATION O BOARD COMMITTEE _ APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Coatact:Delmar Tompkins - 646-2031 brig: Community Development Department ATTESTED cc: Save Mount Diablo John & Debbie Pereira PHIL BATCHELOR, CLERK OF -- --�—�- Mark Armstrong THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY "- 2. The application considered- by the .Zoning Administrator on November 8, 1993 and on November 22, 1993 and approved with conditions as proposed by staff. The Zoning Administrator's decision was appealed by Save Mount-Diablo. On December 15, 1993 the San Ramon Valley Regional Planning Commission upheld the Zoning Adminis- trator's approval adding a condition requiring the granting of a floating trail easement to the benefit of the East Bay Regional Park District. The applicant and Park District had come to a private agreement of the granting of an easement prior to the Commission meeting. On December 27, 1993 Save Mount Diablo appealed the decision of the San Ramon Valley Regional Planning Commission. Issues raised in the appeal regard reliance on consistency with the details of the Tassajara Valley GPA prior to its adoption or the completion of its Environmental Impact Report, the intensity of development without subdivision, access across 26% slopes without detailed environ- mental analysis for the Tassajara Valley GPA and in conflict with Measure C standards, and failure to adopt adequate mitigations as a condition of approval. A. insistency with Tassaiara Valley GPA: The subject of the pending Tassajara Valley General Plan Amendment was raised in a letter dated November 5, 1993 from the East Bay Regional Park District requesting postponement of action on the application before the Zoning Administrator on 'November 8, 1993. The supplemental discussion prepared for the Zoning Administrator hearing of November 22, 1993 was a response to expressed concerns that this proposal was inconsistent with discussions of open space and trails in the proposed Tassajara Valley GPA. The consideration of this project throughout the review process and to the public hearing was on the merit of the project as proposed and there has been no reliance on the proposed Tassajara Valley GPA. B. Intensity of Development: There are many small agricultural parcels (5 - 20 acres in size) in the immediate vicinity of Finely Road and Camino Tassajara. The proposed structures will be set at distances of 500 - 800 -feet from each other proposed structure or the existing home along Finely Road. In addition to being at distances compatible with the immediate area, these structures are separated by elevation and vegeta- tion. The agriculture workers home is not easily visible from Finely Road. This proposal is consistent with maintaining the agricultural use of this property. C. Access across 26% Slopes Vithout Detailed Environmental ' Analysis for the Tassajara Valley GPA and in Conflict with Measure C Standards: The proposed home is to be constructed on a knoll at the end of a ridge as it drops to the valley floor. The ridge is not identified as significant in the General Plan; Finely Road is not identified, as a Scenic Route. The proposed project makes use of an existing road up the slope. The road will be improved to Fire District standards and will not exceed 20$ slope. The road was included in the Geotechnical Reconnaissance prepared prior to the initial study of this project. Hillside, creekside, floodplain, and emergency vehicle issues were considered in the environmental review for this project. The detailed environmental analyses of the proposed Tassajara Valley GPA regard a project unrelated to this project. D. Miticrations in Conditions of Approval: The Conditions of Approval include provisions for the possibility of construc- tion in or near a floodplain, floodplain permit language and creek setbacks; construction on hillsides/slope stability, 3. compliance with the recommendations of the geotechnical report prepared by ENGEO, Inc. and dated August 2, 1993; and Emergen- cy Vehicle Access and fire safety standards, compliance with Building Inspection Department and Fire District requirements. In summary, the proposed improvements including the provision of an additional residence are appropriate at this location; the findings for project approval are based on the merit of the project as proposed; resources necessary to adequate. environmental evaluation of the project were available or provided by the applicant; and the Conditions of Approval for this permit incorporate those resources. RESOLUTION NO. 2-1994 BEFORE THE BOARD OF APPEAL CONTRA COSTA COUNTY STATE OF CALIFORNIA APPEAL - John & Debbie Pereira Applicants & Owners, Land Use Permit 12013-93 San Ramon area _ WHEREAS, on November 8, 1993, John & Debbie Pereira (Applicants & Owners) , filed an application to establish two additional residential units, one additional single-family dwelling for a member of the family, one mobile home on a permanent foundation as living accommodations for agricultural workers employed on the premises, located at 11501 Finley Road, in the San Ramon area; and WHEREAS, a Negative Declaration of Environmental Significance was posted for this application on August 31, 1993; and WHEREAS, after notice thereof having been lawfully given, a public hearing- was held by the County Zoning Administrator on November 8, 1993 and was continued until November 22, 1993 to allow the representatives of Save Mount Diablo and the East BAy Regional Park District sufficient time to review the application and visit the site, and WHEREAS, on November 22, 1993, the County Zoning Administrator considered and Approved with Conditions as proposed by staff; and WHEREAS, following the decision, a letter was received by the Community Development Department dated December 12, 1993 from Save Mount Diablo appealing the Zoning Administrator's decision to the San Ramon Valley Regional Planning Commission Board of Appeals, pertaining to a trail easement along Finley Road, Consistency with Tassajara Valley General Plan Amendment, Intensity of Development, Access across 26% slopes and mitigations in Conditions of Approval; and WHEREAS, at a lawfully noticed scheduled public hearing on December 15, 1993, the San Ramon Valley Regional Planning Commission Board of Appeals upheld the Approval decision of the Zoning Administrator and denied the appeal; and Page Two RESOLUTION # 2-1994 NOW, THEREFORE, BE IT RESOLVED that the San Ramon Valley Regional Planning Commission Board of Appeals denied the appeal and upheld the Zoning Administrators's decision of approval with modified conditions and approval; and BE IT FURTHER RESOLVED that the reasons for these recommendations: are as follows: 1. The proposed project will not- be detrimental to the health, safety and general welfare of the county. 2. The proposed project as conditioned will not adversely affect the orderly development of property within the county. 3. The proposed project as conditioned will not adversely affect the preservation of property values and the protection of the tax base within the county. 4. The proposed project will not adversely affect the policy and goals as set by the general plan. 5. The proposed project will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The proposed project as conditioned will not encourage marginal development within the neighborhood. 7. The 20-acre subject parcel 1501 Finley Road is in an area where several small agriculture parcels (5-20- acres in size) can be found in the immediate vicinity of Finley Road and Camino Tassajara. The proposed residences are separated from the existing residence and other structures in the surrounding area by distance, elevation, and visual screening. This proposal does not change the agricultural character of the site and maintains agricultural use of the site. The addition of these two residences in the manner proposed and for the purposes mentioned is an appropriate use of this site. Page Three RESOLUTION # 2-1994 BE IT FURTHER RESOLVED that the foregoing was given by vote of the San Ramon Valley Regional Planning Commission Board of Appeals in a regular• meeting Wednesday, December 15, 1993 as follows: AYES: CommIssloners. - . Naidorf, Kaye, Jones, Matsunaga-, Moore NOES: Commissioners- - None ABSENT: Commissioners - Cameron ABSTAIN: Commissioners - None BE IT FURTHER RESOLVED that the decision of the San Ramon Valley Regional Planning Commission Board of Appeals was appealed by Save Mount Diablo on December 24, 1993. ATTEST: Vey B agdon, Secretary the Ramon Valley Regional Plannin Commission, County Of Contra Costa, State of California DT/df 2013-93.res EXHIBIT "WI �,7 1. The Board of Supervisors adopts the findings of the San Ramon Valley.Regional 'Planning Commission and makes these additional findings in denying the appeal by Save Mt. Diablo of the decision of the Planning Commission to uphold the Zoning Administrator's decision to allow for the establishment of an additional, existing single-family dwelling for a member of the family and a mobile home on a permanent foundation as living accommodations for agricultural workers employed on the premises in accordance with County Ordinance Code 26-2.2008 (the new home that necessitated this land use permit will be the primary residence for the applicants and owners) . The Board incorporates by reference the information, analysis and determinations set forth in the reports by the Community Development Department to the Zoning Administrator, dated November 8 and 22, 3993 and to the San Ramon Valley Regional Planning Commission, dated December 15, 1993, attachments thereto and the information presented by the applicants and owners through the application process. 2. The applicants and owners are residents and agriculturalists of long standing in the Tassajara Valley. Their .request is a common one on agricultural land. No substantial evidence has been presented in the record that this proposal to accommodate . the Pereira family needs is part of or will promote any non-agricultural, single-family residential or other urban uses of the property. The current living units on the property and a new primary home are consistent with agricultural use of the property. The Pereiras have agricultural operations elsewhere in the Tassajara Valley. This parcel has for many years been the base for their operations. 3. Given the limited nature of their request and the circumstances here, there is no substantial evidence in the record to support the imposition of a condition requiring the dedication of development rights or a scenic easement. It is noted that the applicants and owners have voluntarily committed to a trail easement along the creek for the East Bay Regional Park District and therefore voluntarily accepted a formal condition to that effect They are not willing to voluntarily do the same with respect to development rights over their entire property and therefore the County will not include it as a condition. 4. There is no substantial evidence in the record to suggest that this limited request is inconsistent with the Countylls General Plan or the A-20 zoning for the property. The new home and driveway are located on slopes less than 26%. There are no visual, habitat, vegetation, creek, or aesthetic potential impacts or issues. Additional residential and agricultural workers, dwellings are specifically authorized under the County zoning ordinances with a land use permit. The uses are consistent with the current agricultural designations for the property. Non-agricultural uses of the property may only be accommodated through an amendment to the General Pian. Such a study. for the Tassajara Valley. is currently being undertaken by the County. This property is included in that study. It is a separate and distinct land use process from this land use permit application. Thero is no evidence in the record to. suggest that it. is reasonably foreseeable that the limited request and activities considered here will result in or are part .of a larger project that would change this parcel from agricultural to an urban use: This land use permit does not promote or encourage a subdivision of the property or a change in its land use designation to urban use. The timing of this request and the Tassajara Valley General Pian Amendment and Zoning Study are coincidental. . 5. The Board concurs with the determinations of the Community Development Department, Zoning Administrator, -and the San _ Ramon Valley Regional Planning Commission that the activities covered by. this land use. permit will have no significant effect on the environment and, therefore, that a negative declaration of environmental significance is appropriate for this land use permit. There is no credible, substantial evidence in light of the entire administrative record to support a fair argument that any of the improvements or activities covered by this land use permit or contemplated on the site plan may have a potentially significant effect on the environment. The proposed structures are set at distances of 5001 and 800' from each other and the existing home along Finley Road. They are typical for the area. The information and findings in the geotechnical report prepared by BNGEO, dated August 20 1993, confirm that there are no possible impacts with respect to seismicity or soils stability for the house or the driveway. They agricultural character of the property and. its agricultural use will clearly be unchanged as a result of theme activities. See also Finding 6, above. Moreover, - 'construction of a single-family home and/or a caretaker unit is typically exempt from CEQA, further demonstrating that such. construction is generally viewed as having clearly no potential for environmental effects. 006 CEQA Guideline Section 15303(a) . There are no facts to suggest any unusual circumstances here. 6. The opinion of the appellant or others, after their view of the site, that there may be a significant visual effect or intrusion into open space from the new home and driveway is subjective. It is not substantial evidence to support such a fair argument. Staff and four members of the Planning Commission concluded otherwise after viewing the site and Considering the other evidence in the record. Such subjective differences under the facts here are no more than differences in personal opinion. The petition signed by most of the neighbors, the letters of - support, and the professional opinion and recommendations of the Community Development Department reinforce that determination. 7. As an alternative to environmental review of this project by negative declaration, it may' also be found that CEQA does not apply, pursuant to Guideline Section 15061(b) (3) (see also Discussion following guideline) , because it can be seen with certainty there -is no possibility ..that the activities in question may --have a significant_:.eftect on- the .environment. The construction of a single-family home is ordinarily exempt from CEQA. The existing small home and trailer along Finley Road obviously have no environmental effects. 8. The request by Save Mt. Diablo for dedication of development rights or a scenic easement on the property is an impermissible exaction given the limited nature of this application and the location of the parcel along Camino Tassajara and Finley Road and its location inside the Urban Limit Line. The requested exaction does not address or relate to any environmental impacts of the proposed activities. If the applicants and owners elect at some time in the future to pursue development applications to change the use of the property to residential or some other non-agricultural use, that would be a more appropriate time for the County to address the request of Save Mt. Diablo. EXHIBIT "B" 87 FINDINGS AND CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2013-93 FINDINGS The following required findings for approval of a conditional use permit as provided by County Code Section 26-2.2008 have been satisfied: A. The proposed project will not be detrimental to the health, safety and general welfare of the county. B. The proposed project as conditioned will not adversely affect the orderly development of property within the county. C. The proposed project as conditioned will not adversely affect the preservation of property values and the protection of the tax base within the county. D. The proposed project will not adversely affect the policy and goals as set by the general plan. E. The proposed project will not create a nuisance and/or enforcement problem within the neighborhood or community. F. The proposed project as conditioned will not encourage marginal development within the neighborhood. G. The 20-acre subject parcel 1501 Finley Road is in an area where several small agriculture parcels (5-20 acres in size) can be found in the immediate vicinity of Finley Road and Camino Tassajara. The proposed residences are separated from the existing residence and other structures in the surrounding area by distance, elevation, and visual screening. This proposal does not change the agricultural character of the site and maintains agricultural use of the site. The addition of these two residences in the manner proposed and for the purposes mentioned is an appropriate use of this site. 2 CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2013-93 1. This application is approved subject to the revised site plan dated received by the Community Development Department on July 9, 1993 and subject to the following conditions. 2. The two additional residences approved with this permit have the following use restrictions: A. One additional single-family dwelling. B. One residence shall serve as living accommodations for agricultural workers employed on the premises. 3'. Proof of recordation of the following disclosure of deed restrictions must be submitted to the Community Development Department prior to the issuance of a building permit: "You are purchasing a property with a permit for a residential unit for living accommodations for agricultural workers employed on the premises. This permit carries with it certain conditions that must be met by the owner of the property. The permit is available from the current owner or from the Contra Costa County Community Development Department." 4. Prior to the issuance of building permits for the accommodations for agricultural workers the applicant shall obtain a floodplain permit. A floodplain permit may be obtained by contacting the Acting Floodplain Administrator in the Community Development Department at 646-2031. 5. The permanent mobile home for agricultural workers shall comply with the following design guidelines as outlined in County Code Section 84-68.1602: A. The mobile home is certified under the National Mobile Home Construction and. Safety Act of 1974 and any subsequent revisions. B. The mobile home is installed on a permanent foundation system approved by the Building Inspection Department of Contra Costa County. C. The mobile home is covered with an exterior material customarily used in new conventional single-family residential structures in the surrounding area. D. The exterior covering material must extend to the ground consistent with the most recent county-adopted Uniform Building Code. If a solid concrete or masonry perimeter foundation is used, the covering material need not extend below the top of the foundation. No conventional mobile home skirting shall be allowed. E. The roofing material is of a material customarily used in new, conventional single-family residential structures in the surrounding area. 3 F. The roof has eave and gable overhangs. G. The covering material of the garage or carport is the same as used on the mobile home unit. H. The roof overhangs, siding and roofing material must be approved by the Zoning Administrator. The exterior materials must be found compatible with neighboring residences. 6. Applicant shall submit evidence that existing mobile home for agricultural workers has been removed from the site prior to occupancy of the new residential unit for agricultural workers. 7. If the location of accommodations for agricultural workers is or any other ground breaking activity is to occur within 200 feet of Tassajara Creek, an archaeological study shall be conducted on this site. Prior to issuance of a building permit, the applicant shall provide evidence of compliance with the recommendations in that report. 8. Improvement, grading, and building plans shall carry out the recommendations of the geotechnical report prepared by ENGEO, Inc. and dated August 2, 1993. 9. Should archaeological materials be uncovered during grading,trenching or other on-site excavations(s), earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary. 10. Prior to the issuance of a building permit, the applicant shall grant a floating trail easement to the benefit of the East Bay Regional Park District which is to be located within the 200 foot creek setback along Finley Road. 11. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department. Prior to issuance of a building permit, provide written verification from the Public Works Department that these requirements have been satisfied: A. FRONTAGE IMPROVEMENTS: 1) An exception is granted from the Ordinance Code requirement to install frontage improvements at this time due to the large size of this parcel and the small magnitude of this development. B. ROAD DEDICATIONS: 1) Convey to the County, by Offer of Dedication, additional right of way on Finley Road as required for the planned future width of 60 feet. 4 C. GENERAL REQUIREMENTS: 1). Applying for encroachment permits from the Public Works Department, Engineering Services Division, for driveway connections within the right of way of Finley Road. 2) Applying for a drainage permit from the Public Works Department, Engineering Services Division, for any work in Tassajara Creek which traverses the easterly portion of this property. If the private road serving the proposed second residence for a family member is modified. in the vicinity of Tassajara Creek, the applicant shall substantiate that - the culvert has adequate freeboard, or modify it to provide that freeboard. 3) Provide for adequate sight distance at the Finley Road access to this property for a design speed of 45 miles per hour in accordance with CALTRANS standards D. DRAINAGE IMPROVEMENTS: Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. Conformance with Division 914 includes the following requirements: 1) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. As this parcel is large and agricultural in nature, additional run-off resulting from this development will be negligible. Therefore, an exception from this requirement for construction of drainage improve- ments is granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water run-off onto adjacent property and limits the increase in area of impervious surface to less than 4500 square feet. 2) Verify that all new finished floor elevations are above the 100-year flood elevation. E. CREEK STRUCTURE SETBACKS: 1) Observe a structure setback over that portion of the property which is located within the area designated in Divison 914-14.012, "Structures Setback Lines for Unimproved Earth Channels", for dedication of development rights, as if this were a subdivision. OR, as an alternate, 5 observe a structure setback of 100-feet from the flow line of the creek (200-feet total). Any existing structures located within the structure setback area shall be excepted from that area. ADVISORY NOTES A. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47,Yountville, California 94599,of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. B. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to determine if a permit is required and if it can be obtained. C. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal, construc- tion and industrial activities as promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay- Region II or Central Valley - Region V) D. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-118) as they pertain to future construction of any structures on this property. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Tassajara Area of Benefit as adopted by the Board of Supervisors. F. Comply with the requirements of the San Ramon Valley Fire Protection District. G. Comply with the requirements of the Health Services Department, Environmental Health Division. H. Comply with the requirements of the Building Inspection Department. I. This project is subject to the development fees in effect under County Ordinance as of August 12, 1993, the date the application was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in the conditions of approval. 6 The fees include but are not limited to the following: Park Dedication $2,000 per residence. Child Care $400 per residence. An estimate of the fee charges for each approved lot may be obtained by contacting the Building Inspection Department at 646-4992. DT/RD/aa LUPXXXIX/2013-93C.DT 10/28/93 12/20/93 f j�.7 Delmar T omi3kins,Planner ve ontru Casty CountyCounty�Community Development mounT DIABLO 551 Pine Street-North Wing.Second Floor M'ar tinez,CA 94553 December 24,1993 Re: County File#2013-93(Pereira) Dear Mr.71rompkins, Save Mount Diablo appeals from the the December 15,1993 decision of the San Ramon Valley Regional Planning Commission approving two additional residential units on the Pereira parcel on Finley Rd. The appeal fee of$125 is enclosed,as are addressed,stamped envelopes for property;owners identified by the applicant and the County within a 300 foot radius of the subject property, The grounds for the appeal are a reliance on consistency with the details of the Tassaj aro Valley GPA prior to its adaption or the completion of its Environmental impact Report;the intensity of development without subdivision,including access across 261Y6 or greater slopes,in the absence of detailed environmental analysis that might take place during the planning for the Tassajam Malley GPA and in conflict with Measure C standards;and the failure to adopt adequate mitigations as a condition of approvai. Please Notify us as to the hearing date for this appeal. We're happy to pay for the expense of notification,etc. T i7ank you for your consideration of this matter. LO m w Seth A,am,s M_... +'ro-aram Director- a •• co "MOUNT DIABLO IS A NATIONAL NATURAL LANDMARK" f?—tc c pj" X731 gyp$ TELEPHONE(415)685-5315 • POST OFFICE BOX 25 • CONCORD,CALIFORNIA 94522 S_ ,4 LAW OFFICES OF G.&GI&N, MCCOY, MCMAHON & ARMSTRONG A7 WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE GREGORY L. MCCOY 279 FRONT STREET PATRICK J. MCMAHOM P. O. BOX 216 MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218 LINN K. COOMBS TELEPHONE: {SIO) 1337-0565 STEPHEN W. THOMAS FAX: (5101 638-5905 CHARLES A. KOSS MICHAEL J. MARKOWITZ NAPA OFFICE MICHAEL W. CARTER 1001 SECOND STREET, SUITE 316 RICHARD C. R^INCS January 19, 1994 NAPA, CALIFORNIA 945159-3017 VICTOR J. CONTI TELEPHONE: (707) 224-8396 BARBARA DUVAL JEWELL FAX: (7071 224-5817 ROBERT M. FANUCCI ALLAN C. MOORE PLEASE REPLY TO: CAROLE A. LAW ALEXANDER L. SCHMID Dan"ft PATRICIA E. CURTIN MICHAEL P. CANDELA CHARLES A. KLINGE DENISE^EWDELIVERED Chair Tom Powers Board of Supervisors 100 - 37th Street Richmond, CA 94805 Re: John. and Debbie- Pereira (applicants/owners) County File No. 2013-93 Save Mt. Diablo Appeal Dear chair Powers: Following the appeal by Save Mt. Diablo of the decision of the San Ramon Valley Regional Planning commission to uphold the Zoning Administrator's approval of a land use permit to establish two additional residential units (one additional single-family dwelling for the family. and one mobile home on a permanent foundation as living accommodations for agricultural workers employed on the premises) , John. and Debbie Pereira asked our office to represent them. I have reviewed the staff reports and the letters submitted by Save Mt. Diablo. Appellant's claims are without any legal merit whatsoever. I concur with the determination of the Community Development Department, the Zoning Administrator and the San Ramon Valley Regional Planning. Commission that there is no legal or planning nexus between Save Mt. Diablos request for the dedication of development rights or a scenic easement and the limited activities covered by this land use permit application. obviously, such issues are more appropriately addressed if and when this property is considered for designation for non-agricultural uses, such as single-family residential, through the Tassajara Val-ley General Plan Amendment and- Zoning Study or otherwise. The Pereiras are agriculturalists of long standing in the Tassajara Valley. This use permit represents a typical request on agricultural land. This request by the Pereiras addresses their immediate family and agricultural needs for housing. Currently, the Pereiras live with their two children in the existing one thousand square foot home. If they did not want to keep the existing small house as a second unit for their -mother or the trailer for agricultural workers, the new home for their family would only require a building- permit. -The location of the new homesite and the proposed home (approximately 3 ,000 square feet) Chair Tom Powers January 19, 1994 Page 2 have no visual or other implications. Typically, construction of one new home is exempt from CEQA. There are no unusual circumstances here that . suggest any significant environmental impacts or General Plan issues. It has nothing whatsoever to do with the County's current general plan and zoning study for the larger Tassajara Valley. The Pereiras reached an informal and voluntary understanding with the East Bay Regional Park District to provide a trail easement along the creek on their property at some appropriate time in the- future. The Park District, in reaching that informal accommodation, recognizes the limited nature of the land use permit request here. Based on that informal arrangement, the Planning Commission included a condition requiring a floating trail easement near the creek. The Pereiras have voluntarily accepted that condition. Their acceptance of that condition should not be construed in any way to suggest the Pereiras believe that dedication of development rights is an appropriate exaction on their twenty acre agricultural parcel in exchange for the opportunity to keep an existing small home and upgrade a mobile home next to Finley Road in the course of building a new home for their family. The Kittrell parcel in Morgan Territory or even other property at the and of Finley Road may be appropriate properties for dedications of development rights in exchange for minor subdivision approval. Those areas are remote and outside the urban limit line, unlike the Pereira parcel. The'subdivision of those properties are not comparable to the Pereira parcel and the limited activities contemplated there. The Community Development Department, Zoning Administrator and the Planning Commission all recognized that such a condition would not be a reasonable or lawful exaction. If and when the Pereiras contemplate development on their property in the future, they will be happy to work with Save Mt. Diablo and others in the community. There is no legal, equitable or planning reason to engage in those discussions at this time. For the clerk's record, enclosed is an example of a letter sent to each supervisor at his or her respective office: Very tru y ours, Ja k Armstrong MLA:kh Enclosure cc: John and Debbie Pereira Other Board Members Community Development Department Attn: Dennis Barry i:\vo12\dient\26329\Powcrs.1tr John&Debbie Pereira 1501 Finley Road Pleasanton, CA 94566 Subject: Hearing Date with the Board of Supervisors on January 18, 1994 @ 2:30 p.m. Dear Supervisor: We live on Finley Road in the Tassajara Valley in a 1000 sq. ft. house, on a 20 acre parcel. This property has been in the Pereira family for over 100 years. It is the center of our ranching operation. The property is within the urban limit line. We request permission to build a second residence for a family member. In addition, we are requesting permission to construct a permanent foundation for our existing caretakers unit which has been on the property for the last 10 years. This foundation is a requirement by the County Planning Department. The Planning Department and Zone Administrator has given us full support and approval and we have met all their criteria for such an application. We have worked with East Bay Regional Park District and have agreed to a trail easement through our property in which they have no objections to our application. Save Mt. Diablo has appealed the Planning Department and Zoning Administrators decision and has appealed the San Ramon Regional Planning Commissions unanimous decision in support of our application. The Pereira ranch is located 2-1/2 miles from the boundary line of Mt. Diablo State.Park and Mt. Diablo itself cannot be seen from our property. We are not a developer. The Pereira family are a long standing resident asking for one additional house. We have the support of our neighbors in and around the Finley Road area and we would appreciate your support in this matter. Sincerely, John& Debbie Pereira 1�9� Agenda Item # Community Development n Contra Costa County SAN RAMON VALLEY REGIONAL PLANNING COMMISSION WEDNESDAY, DECEMBER 15, 1993 - 7:30 P.M. I. INTRODUCTION JOHN & DEBBIE PEREIRA (Applicants and Owners), County File #2013-93: This is an appeal of the Zoning Administrator's approval to establish two additional residential units, one additional single-family dwelling for a member of the family, one mobile home on a permanent foundation as living accommodations for agricultural workers employed on the premises, in an A-20 Exclusive Agricultural District. Subject site is a 20-acre parcel at #1501 Finley Road in the San Ramon area. (A-20) (ZA:U-20) (CT 3551.03) (Parcel # 220-100-005) Il. RECOMMENDATION Deny the appeal, uphold the Zoning Administrator's decision. III. Review of Public Hearing This matter was heard before the Zoning Administrator on November 8, 1993 and was continued until November 22, 1993 to allow the representatives of Save Mount Diablo and the East Bay Regional Park District sufficient time to review the application and to visit the project site. The application was considered by the Zoning Administrator on November 22, 1993 and approved with conditions as proposed by staff. Save Mount Diablo and the East Bay Regional Park District supplied comments prior to the hearing. These comments were responded to in the staff report prepared for the Zoning Administrator Hearing on November 22, 1993 and were attached to the staff report. Neither group was represented at the hearing. In the letter of November 19, 1993, the East Bay Regional Park District requested that a 20-foot floating trail easement be dedicated to the District in the general vicinity of the creek corridor. The letter also explains that selection of a preferred regional trail alignment by the Park District will depend on a number of future actions, including the designation of open space and trail corridors in the proposed Tassajara Valley GPA (which includes the Pereira property). A trail easement was not required as a condition of this permit. An extensive trail system is being considered during review of the proposed Tassajara Valley General Plan Amendment of which the subject parcel and several neighboring parcels are a part. This parcel will be subject to the provisions of any Development Plan submitted in response to an approved General Plan Amendment. A trail easement resultant of alignments proposed in the Development Plan would be realized with plan approval. A connection between trail proposals and this project necessitating the granting of an easement at this time does not exist. 2 IV. Issues of Anneal On December 2, 1993, Save Mount Diablo appealed the Zoning Administrator's decision. Issues raised in the appeal regard a failure to include a trail easement along Finley Road as shown on the East Bay Regional Park District Master Plan, reliance on consistency with the details of the Tassajara Valley GPA prior to its adoption or the completion of its Environmental Impact Report, the intensity of development without subdivision, access across 26%slopes without detailed environmental analysis for the Tassajara Valley GPA, and failure to adopt adequate mitigations as a condition of approval. A. Trail Easement on Finley Road: The East Bay Regional Park District Master Plan identifies the Sycamore Valley to Mount Diablo Regional Trail as a potential regional trail in the general vicinity of Tassajara Valley. Though the exact alignment of this trail has not been identified as yet, representatives of the Park District feel that an alignment along the Tassajara Creek side of Finley Road is likely. The applicant has expressed a willingness to work with the Park District on this matter if the alignment does come through his property along the creek. The Park District and Save Mount Diablo have requested that dedication of a "floating" easement be a Condition of Approval for this permit. Acquisition-of such a "floating" easement at this time or a precise easement for a park trail once the trail alignment has been established can be accomplished outside of this permit. The improvements envisioned in this application do not appear to block the accomplishment of an easement if it is necessary, but there is not the clear connection to this parcel that would necessitate this wording in response to this project. B. Consistency with Tassajara Valley GPA: The subject of the pending Tassajara Valley General Plan Amendment was raised in a letter dated November 5, 1993 from the East Bay Regional Park District requesting postponement of action on the application before the Zoning Administrator on November 8, 1993. The supplemental discussion prepared for the Zoning Administrator hearing of November 22, 1993 was a response to expressed concerns that this proposal was inconsistent with discussions of open space and trails in the proposed Tassajara Valley GPA. The consideration of this project throughout the review process and to the public hearing was on the merit of the project as proposed and there has been no reliance on the proposed Tassajara Valley GPA. C. Intensity of Devel'ooment: There are many small agricultural parcels(5-20 acres in size). in the immediate vicinity of Finley Road and Camino Tassajara. The proposed structures will be set at distances of 500-800 feet from each other proposed structure or the existing home along Finley Road. In addition to being at distances compatible with the immediate area,these structures are separated• by elevation and vegetation. The agriculture workers home is not easily visible from Finley Road. This proposal is consistent with maintaining the agricultural: use of this property. 3 D. Access across 26% Slopes without detailed environmental analysis for the Tassajara Valley GPA: The proposed project makes use of an existing road up this slope. The road will be improved to Fire District standards and will not exceed 20% slope. The road was included in the Geotechnical Reconnaissance prepared prior to the initial study of this project. The detailed environmental analyses of the proposed Tassajara Valley GPA regard a project unrelated to this project in scope or impact. E. Mitigations in Conditions of Approval: The Conditions of Approval include provisions for the possibility of construction in or near a floodplain, floodplain permit language and creek setbacks;construc- tion on hillsides/slope stability, compliance with the recommendations of the geotechnical report prepared by ENGEO Inc. and dated August 2, 1993; and Emergency Vehicle Access and fire safety standards, compliance with Building Department and Fire District requirements. In summary, a connection between trail proposals and this project necessitating requirement of dedication does not exist at this time; the proposed improvements including the provision of an additional residence are appropriate at this location; the findings for project approval are based on the merit of the project as proposed; resources necessary to adequate environmental evaluation of the project were available or provided by the applicant and the Conditions of Approval for this permit incorporate those resources. VI. CONCLUSION Staff recommends that the San Ramon Valley Planning Commission uphold the Zoning Administrator's decision, deny the appeal and find the establishment of an additional single-family dwelling for a member of the family, and a mobile home on a permanent foundation as living accommodations for agricultural workers employed on the premises in accordance with County Ordinance Code 26-2.2008. DT/aa LUPXXIX/2013-93A.DT 12/8/93 ` 1606 GQ Jwr .16108. 1609 . s h'7 J A.80 A 3 , . A,3 .1 w jt + A. 12 0 1 A• 4C t . i 47 W � ANE STAT {, ` t C,p t .."' J ..C T—r�• `' t. : .rttretw< ••.t..r, "►, -ti' .�.� .Z , °` 1 1 �` `\O �,1*•, ��cy' tl4'�•`'�'� Li ,•" �!Ty..La11.,:'�^"'{/q. O , - a 1-As IN, '_ ..w•:."�= � ,� •'s\�`, ,fit Jam, f/ ,..\1 'l _.gyp '—.,'.�' 4 ..�. s.. ��„r/•• ` l ��\y_;.,•• '•� /�.f„,.. .�•tt LIX hw fill ., '.�.\•..' ;✓ 1; i,• i•{� �� -n, '•%-''�� V:�s.. ..fir` •; •- a;vr':::�:.`;:��.• �,.`` � J• rfjlJ r,r. ; ' �-._.. `-'..5. '.. `' 1\.. _ ;..^.-^:�`":L� ,�.:��. � S`I\' � 1. ,e,J:,J'�� _ .'R,•• .�`\.`\,\�`�\.`\\`�\���_.\�;��; ."Y„'•�•'.'" "�'s�'q:�R�-..���'�'�� •"� `?�? / i//Jr,/ ,.,� ,.,:', � %��—._,•.,:�\�.-\•t\• \\,\tit \♦•�a\ :."`.-c.•��"',�\v�'•..4''-,. \��,� :17i�. 1,�,';J�iI •tf.-/jf•!/,' ::%'-•. •`:, ��"`\�Y\� ,.\`.\5;.1`�,.%;.;` �3 ':````�\ y`;"',-•`�•, :i♦y 4�:3<4i'.::+t %•, J�/j 'Jf �`f• 'f,/1/ x- _ ; ,;,, �: :'ca'9'•.� • :►_:.� '�-�' �tia�`�;i"': .•:• it� :;;! :< (,E '�--• `:��`,�` ^\'ti;;•:".�`�:;:;;•,`r �.;._ .�\�•$�:• •,`._�' 1 ;sj•.�Jif i•.� %' .•�1-•.. •��\.��••�\ �LjP•" \,::;:,:: , R. E. M.QB•M TA CODE AREA A7✓�., /-1— ?'T PD. P44F413-777MM 2511-7W 6r20-80 04. 28 �1127 33-134 M4-12, I � i M 4 /OO •+a �4 3 204 -1147--es 32 - i9 154. Mg ` .7-3 414S7 a #i=F3 ,a..o, *fwI >- � t J Oat W- O icy N 3 sill San 1s Plo) 4• Pkr&eOMAV - 102980 C�R S ASSESS ' 2090-77 ~ I o �r I BOOK 220 (14-13 Zo�i-83 64) CONTRA COSTA CC- F + 1606 T20 wo7 I6o6 1609 X10 Ka. + I + + sol stools TASSA.'ARA CREEK .a + + + a7s CL. ZONE C w + 1 + -f- -} 477 w r IN M ! i = i + + 476 F - ZONE A r ` osTA FLOOD INSURANCE COUN RATE ZONE. FL000NT0 FW • ZONE A TRROT INFORMATION MAP s' I ;8...._ r ON CONTR COSTA COUNTY PUBLIC V oRkS DEPARTMENT uw :11981V - BAS • MAPS 620/ 61 a. 1602 474 U 2 1505 1606 1: 1607 1606 1609 1610 V 20 __. Contra HeaIttrilervices Department Cos} ENVIRONMENTAL HEALTH DIVISION:�7` -�.-.•—•. 1111 Ward Street Count Martinez,California 94553-1352 J (510)646-2521 June 15., 1993 John Pereira 1501 Finley Road Pleasanton, California 94566 -9 � RE: Proposed Third Dwelling Unit - 1501 Finley Road Assessor's Parcel Number 220-100-00�—_ pas Dear Mr. Pereira: At your request, preliminary site visit was conducted on May 27, 1993 to determine the feasibility of adding a third dwelling unit to the above referenced property. The proposed house location on top of the knoll is restricted by the small amount of area of 20% or less slope available. It is strongly recommended that the feasibility of providing on-site wastewater disposal be determined prior to commitment to a specific house size, configuration,and location. The next step in the evaluation process would be evaluation of soil profile test holes which is explained in the enclosed handout Soil Evaluation for On-Site Wastewater Disposal. Contact the Community Development Department for information on their requirements and the Building Inspection Department for information on their requirements for an approved water supply. Please remit the $90.00 site visit fee made payable to Contra Costa County Environmental Health within 7 days of the date of this letter. If you have any questions, please contact me at (510) 646-1259, weekdays between 7:30 - 9:00 a.m. Sincerely, Joseph G. Doser, R.E.H.S. Senior Environmental Health Specialist JD:jc Enclosure cc: Community Development Department Building Inspection Department 18B.FBJL.EYRD.693 A373A (10/92) ALAMEDA } Northwest Information Center OOLUSA MARIN California. CONTRA COSTA MENDOCINO SAN MATEO Department of Anthropology DEL NORTE MONTEREY SANTA CLARA Foundation Center,Bldg.300 Archaeological HUMBOLDT NAPA --: . SA1IT4 CRUZ Sonoma State University LAKE SAN B6NIT6;; sQLi►N9 Rohnert Park,California 94928 Inventory SAN FRANCISCO OLLOOMA (707)664-2494 • Fax(707)6643947 1 June 1993 File No. :93-M-37 Revised Delmar Thompkins -�� Contra Costa County Cam pity Development Department 651 Pine Street Fourth Floor, North Wing Martinez, CA 94553-0095 re: 2013-93, Pereira Dear Mr. Thompkins, Records at this offide of the California Archaeological Inventory were reviewed to determine if' this project could adversely affect prehistoric or historic archaeological resources. This review did not take into account the possibility of sites of architectural importance. However, the Office of Historic Preservation has determined that buildings and.structures 45 years or older may be of historic value. Therefore, if the project area contains such properties they should be evaluated prior to commencement of project activities. Please contact our office for a list of professional consultants. The proposed project area contains or is adjacent to the archaeological resource(s) ( ). A study is recamiTended. The proposed project area has the possibility of containing archaeological resources. 'A study is recamlended. Study # identified one or more archaeological or other cultural resources. The recamlendations from the report are attached. Study # identified no archaeological resources. Further study for archaeological resources is not recomTended. There is a low possibility of archaeological sites. Further study for archaeological resources is not recotmnended. Comments: The project area contains, or has the possibility of containing archaeological resources. Due to the nature of the project, an adverse effect is not anticipated. Further study is not recommended at this time. However, a condition should be made on this permit that an archaeological study'should be conducted if ground disturbing activities occur within 200 feet of Tassajara Creek. In all cases, if archaeological resources are encountered during the project, work in the imrediate vicinity of the finds should be halted until a qualified archaeologist has evaluated the situation. If you have any questions please give us a call (707) 664-2494. sin 2 Le ig Jord11 ( - Assistant Coordina 'LJ 3/92 JOHN&DEBBIE PEREIRA 1501 Finley Road Pleasanton, CA 94588 (510)248-1545 '''_' : :' = i 2 August 12, 1993 J Mr. Delmar Tompkins Project Planner Community Development Department 657 Pine Street, 4th Street,North Wing Martinez, CA 94553-0095 Re: Pereira Second Residence Permit-LP 2013-93 Dear Mr. Tompkins: This letter is to inform you of our intent to comply with the regulations and issues that concern our property and our application for a second residence. • Concerning the well issue: Our well has been tested by Leite Pump &Water Well. Enclosed for your review is their analysis of our well pressure and its ability for use for the second dwelling. It is our intent to install two 7500 gallon holding tanks, with dimension sizes of 12' width x 9' height, for usage and for the fire sprinkler system requirements. The holding tanks will be located behind the garage so it will not be visible from the road or the front elevation of the house. • Concerning the flood plain issue: It is our intent to comply with your regulations concerning the mobile home and it's foundation without any variances. It will be elevated above flood plain with required freeboard material. We would also like to request that the FEMA map be reviewed. It is by our judgment and our engineers' judgment, Mr. Robert Dukee, that is a grossly inaccurate. We are available to answer any other questions you might have about the proposed home. We would appreciate your assistance in receiving a satisfactory hearing and approval as soon as possible. Thank you for your time and patience. Sincerely, John& Debbie Pereira {{ �ooA �a�� I�-��P� NOV-05-83 FRI 17:06 EBRFD G L MANAGER FAX N0. 5105691417 P.02 � T WAMCWMW.�o come.,w.&*A: raaa..vzvwru�� November 5, 1993- ow«Now rrttrurer Delmar Tompkins DOWWWO Community Development Department imsmftcrartn County of Contra Costa. &MWAWW 651 Pine Street, N. Wing, 4th Flr. Martinez, CA 94553 Subject; Cr #2013-93 (Pereira) Dear Mr. Tompkins: The East Bay Regional Park District respectfully requests that the County zoning Administrator postpone taking action on November 8th on the request by John and Debbie Pereira to approve two additional dwelling units on their Finley Road property. As you may 'know, the District has several Master Plan proposed regional trails in the area, including Tassajara Creek to sycamore Valley and sycamore valley to Mt. Diablo. These regional trails will provide a connection from existing District facilities to Mt. Diablo State Park. And with the recent acquisition of the Mm- property, future public access from the northerly end of Finley Road into Mt. Diablo State Park and Morgan Territory. Regional Preserve is now possible. The District is coordinating closely with the County to assure that the Tassajara Creek Corridor, an important riparian and recreational corridor, receives adequate consideration in the Tassajara valley General Plan Amendment (GPA) . In addition, District review of the preliminary draft Tassajara ,valley GPA, currently under review by the County, indicates that the proposed project may not be consistent with the GPA. Because the District first received official notice of this hearing item on November 4th, we would like the opportunity to adequately review the proposal and to discuss with staff any potential impacts of the project on existing or proposed District facilities. Thank you for consideration of our request. Sincerely, Andrea Mackenzie Park Planner cc: Harvey Bragdon �s M Peralta Oaks Court-PO.Box 536 t•Oaldod CA 94605 4381.510.635.0135•FAX 510.659.4319 rwv-ia-aJ PKI lb:38 EBRPD GENERAL MANAGER FAX N0. 5105691417 M. C� BOARD OF rnz�;�ulz November 19', 1993 aormlyr comes.plesrotnr Tad Rodkt,t/ILO p!js&r t 014afHolmes.lrt fUlC+ Delmar Tompkins susun smsrtt,seyrtay Jahn 0.Doona Community Development Department O6us15:Slasr. County of Contra Costa 't'Ms0 Pat 0 Britn 651 Pine Street, N. Wing, 4th Floor Martinez, CA 94553 Subject: CF #2013-93 (Pereira) - sycamore Valley / Tassajara Creek to Mt. Diablo Regional Trails Dear Delmar: The East Bay Regional Park District had the opportunity to visit the Pereira property on November 12th. Robert Bouska, District Trail Coordinator, John Pereira and I walked the property to evaluate the potential for implementing a segment of the District"s planned regional trail connection. to Mt. Diablo State Park. There is the potential for a pedestrian/equestrian trail within the Zoo-foot creek setback required by the County along Tassajara Creek. A multi--use trail may also be feasible within the Finley Road, right-of-way adjacent to the creek. Both these trail options appear to be consistent with the Draft Tassajara Valley General Plan Amendment-being prepared by the County. Thus, selection of a preferred regional trail alignment by the District will depend on a number of future actions, including the designation of open space and trail corridors in the Tassajara Valley GPA (which includes the Pereira property) . Therefore, the District requests that a condition of approval be attached to this application requiring a 20-foot floating trail easement be dedicated to the District in the general vicinity of the creek corridor. The exact alignment of the trail would be worked out in the future between the District and property owner. The District' will work with Mr. Pereira to select a future alignment that both meets District trail criteria and has minimal impact on the use of his property. The District also requests that we. be notified in advance, and have the opportunity to comment on, any future building and subdivision applications for this property. The District appreciates the additional time afforded by both the County and applicant to permit us adequate review of the project. sincerely Andrea Mackenzi park .Planner cc: Harvey Bragdon 2950 Peralta Oaks Court•PO.Box 5381•Oakand CA 94605 0381•510-635.073:5•FAX 510.669.431-2 Delmar Tompkins, Planner Contra Costa County Community Development XV 651 Pine Street-North Win& Second Floor Martinez,CA 94553 *Un DIABLO FAX 646-2254 November 16,1993 Re. Pereira Application F je d za j 3-. q„? Save Mount Diablo unfortunately cannot attend the special Z.A!s meeting on Monday,Nov.22nd. Save Mount Diablds Board of Directors has met and discussed this application,requesting approval of two additional residential units on a 20-acre parcel Development of this parcel should have been dependent on substantial - environmental review, given land use changes envisioned in the nearby Tassajara General Plan Amendment,designation by the EBRPD as the route of a regional trail and given the ice of an important riparian corridor. Since this application was filed almost a year ago, earlier notice might have allowed resolution of potential problems before now. SMD feels that the proposed use is intensive,espedally considering.the application is not made as part of a subdWon,and sets a bad precedent for such intensive use in the absence of greater environmental review and mitigation. Nonetheless,.we do not oppose this application if suflcient mitigations are made as conditions of approval. Chief among.them wouldbe dedication of future development rights over the parcel exclusive of building envelopes around the three house sites. App ripriate language was adopted during the subdivision of the K ttrell parcel in Mor8211 Territory. Vice are pleased that the applicant is wIlling to dedicate an easement for the EBRPD trail,and a substantial setback from the creek The unit proposed-for the upper corner of the parcel,however,requires a road across 26%or greater slopes Dedication of future development rights wirtl rLwlve some of our concerns regarding this part of the parcel, SMD is prepared to oppose the application in the absence of such a dedication, and is willing.to appeal approval of the application,if necessary. Please notify us as to the decision of the Zoning Administrator,and the adoption of conditions related to the application. We're happy to pay for the expense Of notification, etc. Thank you for your consideration of this matter. Sincerely, Seth Adams Program Director "MOUNT DIABLO IS A NATIONAL NATURAL LANDMARK" TELEPHONE(415)685-5315 • POST OFFICE ROX 26 6 QGNOORD,CAUFCRNIA 94522 f 1 i i '•w.• `�.• .l it ri X90 i ` a �1 ry \. i i' t ' s / i Y Y j f �y i, 6'' W, t t cc e rAr ao 96 t 0 77 ..�'. < ! �'• � OSS . � /Y;•t �';ry •......�..".% •� ,:'lam,•'• �.'.. oldDe � t r� .. �" �� ,�} •'. :©': ale ,f 1 i �c � ��t 1•I ty �rj��s 5 Flog t` IV Iz w y �a1 AW( '' �,�,.+, 'Yt tat,.•i� i(�, es��ti i � `�il.� /� �f,1c 17: )� orf rr •� 14r �'� �t co "q's 'j, r,ar 11 CIt w C I tra- p,�•; �i'l�ra,tr.t1�3�b k}' �� ai i'f ir-., -r ti's 4k r ti Y�. t �. ��i'�, t t VJ �j a � •� r ' ` t3 H No Ira t ob000pp f �! � ,,_,.•�Y �_.`.,,;' `^ _.....=ice`' t Y � i ;r . 0 6 p ZW t.._. _ e---! �. d\1 �� � f� iia • W.P; r f L�4 f 1 7: N' W f Q � � U N t °h d�sit to J i \ a i ! . o . O.► r x�.oa w �y a ~ % o a x a �s so Q a � 0 • .. .� Ulm •►fl IC x a Qr• ��� r u *� a7. >o as 9 4V o r � 410 IM • • •tfi :.is d a r c it as s �• wo Am 4PA • ? r�' rr • `x:? , / ri LP CL sr �.' � �+sl"�j/�;=�"1`•:l� �: .�..•. .r, l.,lir'.��\\r:�� �' i�l Z !' . f �.. �!��j •,� li,;r- , ,�� :. r_o�•..._ �., �tl --. � i� i4 s! ,° 1� ?# f¢ f4 �i �¢ i,• /'•`' r: 0 OO OO O D OO OO 0 0 0 O+ OO 11 f4 11 '111 11LU �• irk''; ':• ',�.��:�'�;1:,...� .�,r;:- i �• e- J © OO ® 00000000 m ...i�r •�\,. ?r:-/rel!1 :A:1-Yk\ -p` h�:�•�!w�{;._�.��' !�:ar• ��'j � -�!: _'® ••ri„\ -;J��,^e'i is r!%r'-(J1,��..\:- �.� -r...±--• '`_ M. ' � ':�.: J � Cam��._,/.• / f. `r/ ;':�; 8. . •� ..�J, J ..L�!. Ck.•�O 'C},. � �i.��.�• ': .:j, ,� `�;._�• `yrr" •..1 i..,�: � 'ibp J:;,•.�i •�. ZRi\;1'''�t•i'-' •Fif/e:i Vii. ��•:e i - if,.' '�(1:. •// •y:;` ,5•{�(: ":- n-.. .. S,, ,�,�` ,r . . =i:O� f f O _•. \K122,ly '1\ \�'-r' .i 1•li}�; of• —_!�_.•-.Sr OV ..1! ,� '�}� fP a. '{A41:i�;:..:5.•'::,�':1••In\.R�-.i7j�•�-• © G .F�' .�3: Obi� "•� .O,. .- _ ;j. �. � — . ^III •r ':f Delmar Tompkins, Planner Contra Costa County Community Development 651 Pine Sheet-North Wing Second Floor mounT DIABLO Martinez, CA 94553 December 12,1993 Re. County File #2013-93 (Pereira) Dear Mr. Tompkins, Save Mount Diablo appeals from the the November 22,1993 decision of the Zoning Administrator approving two additional residential units on the Pereira parcel an Finley Rd The appeal fee of$125 is enclosed,as are addressed,stamped envelopes for property owners identified by the applicant and the County within a 300 foot radius of the subject property. The grounds for the appeal are a failure to include a trail easement along Finley Road as shown on the East Bay Regional Park District Master Plan;a reliance on consistency with the details of the Tassajara Valley GPA prior to its adoption or the completion of its Environmental Impact Report; the intensity of development without subdivision, including access across 26%or greater slopes,in the absence of detailed environmental analysis that might take place during the planning for the Tassajara Valley GPA; and the failure to adopt adequate mitigations as a condition of approval Especially conspicuous is the failure to adopt the trail easement, given Mr. Pereira's willingness to grant it for the.reason that the trail does not appear in the County's adopted General Plan even though it does appear in the EBRPD Master Plan. Please notify us as to the hearing date for this appeal. We're happy to pay for the expense of notification, etc. Thank you for your consideration of this matter. Sincerely, c r ;J0 '-Cl*) Seth Adams Program Director r7i CA3 "MOUNT DIABLO IS A NATIONAL NATURAL LANDMARK" TELEPHONE(415)685-5315 • POST OFFICE BOX 25 • CONCORD,CALIFORNIA 94522 f California Environmental Quality Act NOTICE OF Completion of Environmental Impact Report xxx Negative Declaration of Environmental Significance CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street North Wing - 4th Floor- Martinez, California 94563-0095 Telephone: (510) 646-2031° Contact Person Delmar Tompkins Project Description and Location: JOHN & DEBBIE PEREIRA (Applicants and Owners), County File # 2013-93: The applicant requests approval of two additional residential units, one additional single-family dwelling for a member of the family, one mobile home on a permanent foundation as living accomodations for agricultural workers employed on the premises, in an A-20 Exclusive Agricultural District. Subject site is a 20-acre parcel fronting approximately 1000' on the west side of Finley Road in the San Ramon area. (A-20) (ZA:U-20) (CT 3551.03) (Parcel # 220-100-005) THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH. The Environmental Impact Report or Justification for Negative Declaration is available for review at the address below: Contra Costa County Community Development Department 4th Floor, North Wing, Administration Building 651 Pine Street Martinez, CA 94553-1229 Review Period for Environmental Impact Report or Negative Declaration: thru/ 62-2 AP 9 R 12/89 By � �^+✓L �_ " Community Development Depar ent Representative