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HomeMy WebLinkAboutMINUTES - 10232001 - D.3 "b3 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTORS �`� County �r `ti.�•�T coi Nt� DATE: October 23, 2001 .SUBJECT: APPLICATION FOR A REZONING FROM SINGLE-FAMILY RESIDENTIAL DISTRICT (R-10)TO PLANNED UNIT DISTRICT (P-1)WITH A VARIANCE TO MINIMUM PARCEL SIZE, TO BE LESS THAN 5 ACRES AND FINAL DEVELOPMENT PLAN FOR THE CONSTRUCTION OF 10 SINGLE-FAMILY RESIDENCES ON A 1.14 ACRE PARCEL LOCATED IN THE UNINCORPORATED AREA OF WALNUT CREEK. FILE # RZ00- 3097/DP00-3056, FOCUS REALTY SERVICES. (APPLICANT) STOW PARTNERS (OWNER) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ADOPT the recommendation of the County Planning Commission, as contained in their Resolution No. 23-2001, to approve the rezoning of the 1.14 acre property from Single- family Residential District (R-10) to Planned Unit District (P-1), and to approve the Final Development Plan. 2. ADOPT the findings contained in the County Planning Commission Resolution No. 23- 2001 as the basis for the Board's action. 3. FIND the Negative Declaration prepared for this project to be adequate for the purposes of compliance with the California Environmental Quality Act, and adopt the same. CONTINUED ON ATTACHMENT: X YES SIGNATURE FWrfl-, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR? C MMITTEE APPROVE OTHER 0 SIGNATURE(S): ACTION OF BOARD ON October 23, 2001 APPROVED AS RECOMMENDED XX OTHER See attached addendum for Board's action. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS(ABSENT None ) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Telma Moreira(925)335-1217 ATTESTED October 23, 2001 cc: � J.ohn- -Sweeten_ _ CLERK OF THE BOARD OF - Public Works SUPERVISORS AND COUNTY ADMINISTRATOR Applicant - Building Inspection BY � V� I�'V , DEPUTY October 23, 2001 Board of Supervisors File#RZ00-3097 Page 2 4. INTRODUCE the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same. 5. DIRECT the Community Development Department to post the Notice of Determination with the County Clerk. FISCAL IMPACT: The applicant is responsible for cost of processing the application. BACKGROUND INFORMATION/REASON FOR RECOMMENDATION: The applicant is requesting the rezoning of a 1.14 acre site from Single-family Residential (R-10) to Planned Unit District (P-1) with a variance to allow a residential planned unit development on a lot less than 5 acres. The applicant is proposing to establish ten (10) two-story single-family dwellings with a two-car garage in each dwelling. Additionally, the applicant is requesting a tree permit to allow removal of 26 trees and alteration of five other trees. Originally, the applicant requested a tree permit to allow removal of 28 trees. A revised tentative map submitted on August 10, 2001, indicates that 2 additional trees will be saved and the total of trees to be removed is now 26. The applicant's request was heard by the County Planning Commission on July 24, 2001 and continued to August 28, 2001. The reason for the continuance of this item was to allow the applicant to meet with neighbors and discuss issues and concerns regarding the proposed project. Staff has included responses to the issues raised at the July 24, 2001 Planning Commission meeting and included clarifications and modifications to the recommended conditions of approval. At the August 28, 2001, County Planning Commission meeting, the Commission added the following condition: 1. Before the granting of a building permit, the applicant shall provide evidence to the satisfaction and approval of the Zoning Administrator, that all the windows on the west side of the house located on Lot No. 6, shall be transom (high) windows. The County Planning Commission, after evaluating the proposal and evidence submitted, voted to approve the .Subdivision and recommended approval of the proposed Rezoning and Final Development Plan to the Board of Supervisors. The Community Development Department did not receive any appeal of the subdivision. The subdivision will not become effective until approval of the rezoning. The surrounding zoning is M-29 (Multi-family Residential district) to the north, N-B (Neighborhood Business) to the east, P-1 (Planned Unit Development) to the southeast; and Single-family Residential District (R-10) to the south and west. The proposal is consistent with the P-1 district and with the designated General Plan Multi-family Medium Density (MM). Staff recommends that the Board of Supervisors approve the Rezoning and Final development Plan with the attached conditions. l , ADDENDUM TO ITEM D.3 October 23, 2001 On this date,the Board of Supervisors considered the hearing of the application for rezoning from a single-family residential district(R-10) to planned unit district(P-1)with a variance to minimum parcel size, to be less than 5 acres and final development plan for the construction of 10 single-family residences on a 1.14 acre parcel located in the unincorporated area of Walnut Creek. Dennis Barry,Director, and Telma Moreira from the Community Development Department presented the staff report and recommendations. Mr. Barry advised the board that there were some revisions to the conditions of approval that were not included in the staff report: Condition 23 should be revised to reflect the August 7, 2001 submittal date. Condition 25 is correct as written. Condition 27 should be modified to require a 21-foot right of way with an additional 5-foot wide (minimum)public utility easement contiguous to both sides of the private road right of way. Condition 28 is correct as written. The Board discussed the recommendations of staff. The Chair opened the public hearing and Catherine Pinkas presented testimony.Ms. Pinkas requested if staff would change one of the conditions of approval for the structures to be under 27 feet. Mr. Barry agreed to add to condition of approval#4 that the building height shall be limited to 27 feet. The public hearing was closed and Supervisor Uilkema moved to approve the staff's recommendation as modified. Supervisor Glover seconded the motion. The Board unanimously voted to approve the following: 1. Adopt the recommendation of the County Planning Commission as contained in their Resolution No. 23-2001, to approve the rezoning of the 1.14 acre property from Single-family Residential District(R-10)to planned Unit District(P-1), and to approve the Final Developmental Plan with conditions as modified; 2. Adopt the findings contained in the County Planning Commission Resolution No. 23-2001, as the basis for the Board's action. 3. Find the Negative Declaration prepared for this project to be adequate for the purposes of compliance with the California Environmental Quality Act, and adopt the same; 4. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set date for adoption of same; 5. Direct the Community Development Department to post the Notice of Determination with the County Clerk. -ry l CONSIDER WITH D.3 PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: October 15, 2001 TO: Telma Moreira, Project Planner, Community Development Department FROM: 1,��wrence Gossett, Consulting Civil Engineer, Engineering Services SUBJECT: SUBDIVISION SD 00-8500, DP 00-3056 & RZ 00-3097 REVISIONS TO LOT 10 (Focus Realty/Boulevard Way/Saranap Area/AP# 185-360-019 & 020) FILE: SD 00-8500, DP 00-3056 & RZ 00-3097 This memo is in response to the fax received from Focus Realty on October 10 relative to inconsistencies between the tentative map and conditions of approval from the Planning Commission hearing of August 28. It is our understanding they want these.issues addressed prior to final approval of the rezoning action and final development permit by the Board of Supervisors. Responses to their concerns are summarized below: • Condition 23 should be revised to reflect the August 7, 2001 submittal date. • Condition 25 is correct as written. The 4.5-foot wide sidewalk is consistent with single- family residential frontages. The 6 —foot width along the adjacent frontage is due to the multiple family density of that property. The applicant is incorrect relative to the reference to drawing PA3851-00. The referenced drawing is the revised, but not yet formally adopted "precise alignment" for Boulevard Way. This is a narrower right of way than the currently adopted precise alignment dating back to the 1960s indicates. • Condition 27 should be modified to require a 21-foot right of way with an additional 5- foot wide (minimum) public utility easement contiguous to both sides of the private road right of way. • As noted above, the drawing reference noted in the condition of approval 28 is correct. LG:lg G:\GrpData\EngSvcV.arry Gossett\2001\October\SD8500i cc: H.Ballenger,Engineering Services M.Morton,Engineering Services Lenox Homes,3675 Mt.Diablo Blvd,Suite 350,Lafayette,CA 94549 Focus Realty Services October 10, 2001 Community Development Department Current Planning 651 Pine St. 2nd Floor-North Wing y Martinez, CA 94553-0095 Att'n.: Telma Moreira Subject: Conditions of Approval Subdivision 8500—Tamarind Place Dear Ms. Moreira: This letter is to call to your attention and request correction of some inconsistencies in the subject Conditions of Approval. You will recall that we had met twice with the neighbors between hearings, and thus had to submit our revised plan quite near your deadline. Unfortunately, a few detail changes in the approved revised tentative map did not get reflected in the Conditions. It is understandable that you did not have time to catch them all. I did not either. Our engineer brought them to my attention this afternoon. They are as follows: Condition 23 still refers to the Tentative Map date as February 1, 2001. The revised Map as approved is dated August 7, 2001. Condition 25 calls for a 4.5 foot wide (1.4 m) sidewalk, while the Map shows a 6 foot width (1.83 m) to match the existing sidewalk adjacent on the east. It also has the curb located 10 feet from the right of way line, while the Map shows 14 feet (4.27 m) from a right of way line that is 34 feet from the center line of Boulevard Way, as worked out with the engineers from Public Works. That agreement reflects a change from drawing PA3851-00 to which the Conditions referred. Condition 27 refers to the private road having a minimum easement width of 25 feet (7.62 m), while the approved Map shows a width of 21 feet (6.4 m). Condition 28 again refers to drawing PA3851-00, which no longer reflects the current intentions of the Public Works Department. 3675 Mt.Diablo Blvd.,Suite 350,Lafayette,CA 94549—6800 Phone: (925)283—8470 • Fax: (925)283-9671 Focus Realty Services We would appreciate it if you could please reconcile the Conditions with the Map in time for the hearing before the Board of Supervisors. Please call me if you have any questions or need anything further. Very truly yours, Walter P. McEnerney Ce: Rey Costiniano,Aliquot 3675 Mt.Diablo Blvd.,Suite 350,Lafayette,CA 94549—6800 Phone: (925)283—8470 • Fax: (925)283-9671 RESOLUTION NO. 23-2001 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS OF THE REQUESTED CHANGE IN ZONING BY FOCUS REALTY SERVICES (APPLICANT) STOW PARTNERS (OWNER) (RZ00-3097) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE WALNUT CREEK AREA OF SAID COUNTY. WHEREAS, a request by Focus Realty Services (Applicant) Stow Partners (Owner) (RZ00-3097), for a rezoning from Single-family Residential District (R-10), to Planned Unit District (P-1), and Final Development Plan (DP00-3056) for the construction of ten single-family houses on a 1.14 acre for which an application was received by the Community Development Department on December 6, 2001; and WHEREAS, the project was scheduled before the County Planning Commission on July 24, 2001; and WHEREAS, the County Planning Commission took testimony at the July 24, 2001 meeting and continued this item to August 28, 2001, to allow the applicant to meet with neighbors and discuss issues and concerns regarding the proposed project; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act and the State and County CEQA Guidelines, a revised Negative Declaration was prepared and circulated for review and comments between August 3, 2001 and August 23, 2001 and the Planning commission adopted the Negative Declaration at their meeting on August 28, 2001; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday August 28, 2001, whereat all persons interested therein might appear and be heard; and WHEREAS, on Tuesday, August 28, 2001, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW,THEREFORE, BE IT RESOLVED, that the County Planning Commission: 1. FINDS that the proposed Negative Declaration is adequate for the purposes of compliance with the California Environmental Quality Act and adopts the same; 2. RECOMMENDS to the Board of Supervisors the APPROVAL of the rezoning request of the site from Single-family Residential District (R-10) to Planned Unit District (P-1) and Final development Plan subject to the proposed conditions. • 2 3. APPROVES Subdivision SD00-8500 subject to the Board of Supervisors approval of Rezoning RZ00-3097; BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. Rezoning and Final Development Plan Findings (Per Section 84-66.1406 of the Count CX ode). a. The applicant intends to start construction within 2 1/2 years from the effective date of zoning change and plan approval; b. The proposed Plan Unit District is consistent with the County General Plan; (refer to staff report page S-2, III-A); c. The proposed Planned Unit District constitutes a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; B. Tentative Map Subdivision Findings (Per Section 94.2.806 of the County Code) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the County General Plan. (refer to staff report page S-2, III-A). C. Growth Management Element Performance Standards Findings 1. Traffic: The proposed project as proposed will generate approximately one peak hour trip per residence. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Water: East Bay Municipal Utility District has indicated that off site pipeline improvements, at the applicants expense, may be necessary depending on local fire requirements set by the local fire agency. The applicant should contact EBMUD's new business office to request a water service estimate to determine costs and conditions of providing water service to the property. 3. Sanitary Sewer: The project is within the boundaries of the Central Sanitary District area. l+� 3 lel 4. Fire Protection: The project is located within Contra Costa Consolidated Fire District service area. 5. Public Protection: Prior to filing the final map, the project proponent will be required to apply for inclusion within a police service district. 6. Parks and Recreation: A park dedication fee of$2,000.00 will be collected prior to issuance of building permits on the newly created lots to mitigate impacts on parks and recreation in the area. 7. Flood Control and Drainage: Compliance with the Public Works Department drainage requirements is required. (Ref. The Growth Management Element, Chapter 4, of the General Plan) D. Planned Unit Development Variance to Minimum Lot Size of five (5) acres requirement The County finds that the variance is consistent with the general plan. The applicant's request for a variance to the minimum parcel size is appropriate for the development of the lot. The County makes the following required findings for adoption of a variance to parcel size as provided by County Code Section (26-2.2006) • The variance cannot constitute a grant of a special privilege inconsistent with the limitations on other property in the vicinity and the respective land use district in which the subject property is located; The subject property would not have development. potential without the granting of this variance. The establishment of 10 single-family houses is a positive transition between multi-family buildings and single-family houses located along the subject site. The proposed project would not be possible without the granting of a variance to allow the P-1 rezoning. The granting of this variance allows the property owner to enjoy the privilege already enjoyed by other property owners in the vicinity. • Because of the special circumstances applicable to the subject property due to its size, shape, topography, location, or surroundings, this strict application of the respective zoning regulations would deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district; and Findings Map Irv ' aLAv r •� . P R- M-2 c ga R I �t y - 5111 C > i :J 5 1:4 1� Rezone From R-10 To P-1 Lafayette/Walnut Cre-dArea J. Richard Clark Chair of the Contra Costa County Planning Commission,State of California,do hereby certify that this is a true and correctcopyof nage N-13 of the County's 1978 zoning map. 'indicating thereon the decision of the Contra Costa County Planning Commission in the matter of Focus Realty Services - RZ003097 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calif. FINDINGS AND REVISED CONDITIONS OF APPROVAL FOR RZ00-3097, DP00-3056 AND SD00- 8500, IN THE WALNUT CREEK AREA. Findings A. Rezoning and Final Development Plan Findings 1. Required findings to approve a rezoning application, and final development plan, the County Planning Commission and County Board of Supervisors, shall be satisfied that (Reference Section 84-66.1406 of the County Code) a. The applicant is intending to start construction within 2 '/z years from effective date of zoning change and plan approval; b. The proposed planned unit development is consistent with the county general plan; c. The proposed planned unit development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; B. "Tentative Map Subdivision Findings 1. Required findings to approve a Tentative Map (Reference Section 94.2.806 of the County Code) The Advisory Agency shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provisions forits design and improvement, is consistent with the applicable general and specific plans required by law. C. Growth Management Element Performance Standards Findings 1. Traffic: The proposed project as proposed will generate approximately one peak hour trip per residence, totaling 10 peak hour trips per day. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Water: East Bay Municipal Utility District has indicated that the applicant should contact their EBMUD office to request a water service estimate to determine the cost and conditions for providing additional water service to the proposed development. 3. Sanitary Sewer: The project is within the boundaries of the Central Sanitary District area. 4. Fire Protection: The project is located within Contra Costa Consolidated Fire District service area. 5. Public Protection: Prior to filing the final map, the project proponent will be required to apply for inclusion within a police service district. 6. Parks and Recreation: A park dedication fee of$2,000.00 will be collected prior to issuance of building permits on the newly created lots to mitigate impacts on parks and recreation in the area. 7. Flood Control and Drainage: Compliance with the Public Works Department drainage requirements is required. D. Planned Unit Development Variance to Minimum Lot Size of five (5) acres requirement 1. Granting (a) Procedure The County Planning Commission shall find that the applicant's request for a Variance to Minimum Lot Size may be granted in accordance to Chapter 26.2 and 82.6. The following required findings for adoption of a variance to parcel size as provided by County Code Section (26-2.2006) have been satisfied: ® The variance cannot constitute a grant of a special privilege inconsistent with the limitations on other property in the vicinity and the respective land use district in which the subject property is located: The variance does not constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located since the property would not have development potential without the granting of this variance. The subject property adjoins single-family residential units on its northwest, west, and southwest side. The granting of this variance allows the property owner to enjoy the privilege already enjoyed by other property owners in the vicinity. ® Because of the special circumstances applicable to the subject property due to its size, shape, topography, location, or surroundings, this strict application of the respective zoning regulations would deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use distract. 2 The property is triangularly shaped and the wider portion of the property is abutting Boulevard Way, a major road. • Any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. (Contra Costa Code, Section 26-2.2006) The variance authorized substantially meets the intent and purpose of the P-1 district. CONDITIONS OF APPROVAL Administrative 1. This approval is based upon the following documents received by the Community Development Department: A. Geotechnical Investigation Report prepared by Jensen-Van Lienden Associates, Inc. received on December 6, 2000. B. Archaeological Report prepared by Basin Research Associates, received On December 6, 2001. G. Elevations and Neer-Plan prepared bN' William A. KeFndfiek, r-eeeived en December-i2, `000 C. Revised elevations prepared by William A. Kemdrick, received on August 14, 2001. D. Certified Arborist Report prepared by Hortscience, received on December 22, 2000. E. Vesting Tentative Map, and Final-Development Plan, prepared by Aliquot, llr{iZr-1 vlid en , 2001 E. Revised Vesting Tentative Map, and Final Development Plan, prepared by Aliquot, received on August 10, 2001. F. Street Elevations and Landscaping Plans received on July 11, 2001. 2. The approval is for a three (3) year period which may be extended for an additional three (3) years. An extension request must be submitted prior to expiration of the initial approval and must be accompanied by the appropriate filing fee. An extension request is subject to review and approval of the County Planning Commission. 3. A. All the uses allowed in this P-1 District shall be the same as those which are allowed in the R-6 District. 3 B. Accessory structures shall be consistent with the R-6 requirements or as determined by the Zoning Administrator. 4. The proposed buildings shall be similar to that shown on submitted plans. Prior to the issuance of a building permit, elevations and architectural design of the buildings and building roofing material shall be submitted for the final review and approval by the County Zoning Administrator. The roofs and exterior walls of the buildings shall be free of such objects as air conditioning or utility equipment, television aerials, etc., or screened from view. Rezoning Required 5. _ _ The subdivision approval is contingent upon approval of the rezoning from R-10 to P-1 by the Board of Supervisors. If the site is not rezoned this approval shall be null and void. Variance 6. Approval is granted to allow for variance to allow P-1 zoning to be applied on a parcel smaller than five acres. 5 acres minimum required 1.14 acre approved Archeology 7. Should archeological materials be uncovered during grading, trenching or other onsite excavation(s), earthwork within 30 yards of these materials shall be stopped until a professional archeologist who is certified by the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggests appropriate mitigation(s), if deemed necessary. Construction Conditions 8. Comply with the following construction. Noise, dust and litter control requirements: 4 A. All construction activities, include such things as power generators, shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall ' ,; prohibited on State and Federal holidays. B. The project sponsor shall require their contractor and subcontracts to fit all internal combustion engines with muffles which are in good condition and shall locate stationary noise-generating equipment such as air compressors and concrete pumpers as far away from existing residents as possible. C. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site notice that construction work will commence. The notice shall include a list of contact persons with name, Title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to indicate and implement corrective action in their area of responsibility. The names of individual responsible for noise and litter control shall be expressly identified in the notice. A copy of the notice shall be currently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners notified. and a map identifying the area noticed. D. The dust and litter control program shall be submited for the review and approval of the Zoning Administrator. Any violation of the approved program or applicable ordinances shall require an immediate %vork stoppage. Construction work shall not be allowed to resume until, if necessary, an appropriate construction bond had been posted. E. The applicant shall make a good-faith effort to avoid interference with existing neighboring traffic flows. This shall include provision for an on-site area in which to park earth moving equipment. F. Transporting of heavy equipment and trucks shall be limited to week days between the hours of 9:OOA.M. and 4:00 P.M. and shall be prohibited on weekends and holidays. G. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed froin the site. H. The project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. 5 Indemnification 9. Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the Contra Costa County Planning Agency and its agents, officers, and employees from any claim, action, or proceeding against the Agency (the County) or its agents, officers, or employed to attack, set aside, void, or annul, the Agency's approval concerning this subdivision map application, which action is brought within the time period provided for in Section 66499.37. The county will promptly notify the subdivider of any such claim, action, or proceeding and cooperate fully in the defense. Geology 10. Improvements, grading, and building plans shall carry out the recommendations of the approved report by Jensen-Van Lienden Asscociates, Inc. (pages 6 through 12). The preferred foundation system for the project is pier-and-grade beams supported by drilled, cast-in-place piers. Should the developer be committed to slabs, the submitted geotechincial report indicates a preference for conventional slab on select fill; post-tensioned slabs is also cited as a feasible alternative. Reccomendaions for the site preparation and grading, street construction and site drainage is also provided in the geotechnical report. No recommendations are included for the retaining wall. Tree Conditions—General 11. The tree removal is approved based on the survey map and certified arborist report prepared by HortScience, submitted on December 22, 2000. Development shall be in accord with the recommendations of the arborist. Additional trees (tree#7622 and#642) will be saved along the north side of the property as shown on the revised tentative map plan submitted on August 10, 2001. Required Restitution for Approved Tree Removal 12. The following measures are intended to provide restitution for the trees that have been approved for removal. A. Tree Restitution Plantingfirriaation Plan- Prior to issuance of a 6 building permit for the ten single family dwellings, the applicant shall submit a tree planting and irrigation plan prepared by a licensed arborist, landscape architect or licensed landscape contractor(similar to the submitted landscaping plan submitted on July 11, 200 1) for the review and approval of the Zoning Administrator. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to approval of final building permit. The plan shall be accompanied by an estimate prepared by a licensed landscape contractor of the materials and labor costs to complete the improvements on the plan. B. Completion of New Tree Planting Prior to Final Inspection of The Two Ten Single Family Dwellings- Prior to requesting a final inspection of building permit for the ten single family dwellings, the applicant shall provide evidence to the Zoning Administrator that the approved tree planting plan has been fully implemented. Contingency Restitution Should Altered Trees Be Damaged 13. Trees to be Preserved but Altered— The five trees approved for alteration, but to be saved are trees No. 7608 (17" diameter Valley oak); No.7617 (26" diameter Coast redwood); No. 7619 (total 16" diameter Valley oak): No. 7620 (13" diameter Coast live oak); and 7621 (15" diameter Valley oak). Additional trees to be saved are tree No. 642 (multi-stemmed Valley Oak) and tree No. 7622 (16" diameter double-stemmed Valley Oak) located along the north side of the property. Pursuant to the requirements of Section 816-6.1204 of the Tree Protection and Preservation Ordinance, to address the possibility that construction activity (or any other activity) nevertheless damages these trees, the applicant shall provide the County with a security (e.g., bond, cash deposit) to allow for replacement of trees intended to be preserved that are significantly damaged by the activity. The security shall be based on: A. Extent of Possible Restitution Improvements - The planting of up to 44 22 trees, minimum 15-gallons in size in the vicinity of the affected trees, or equivalent planting contribution, subject to prior review and approval of the Zoning Administrator; B. Determination of Security Amount - The security shall provide for all of the following costs: • a labor and materials estimate for planting the potential number of trees and related irrigation improvements that may be required prepared by a licensed landscape contractor; and an additional 20% of the total of the above amounts to address inflation costs. C. Acceptance of a Security - The security shall be subject to the review and approval of the Zoning Administrator. D. Initial Deposit for Processing of Security-The County ordinance requires that the applicant cover all time and material costs of staff for processing a tree protection security (Code S-060B). The Applicant shall pay an initial fee deposit of$100 at time of submittal of a security. The security shall be retained by the County up to 24 months following the completion of the tree alteration improvements. In the event that the Zoning Administrator determines that trees intended to be protected have been damaged by development activity, and the Zoning Administrator determines that the applicant has not been diligent in providing reasonable restitution of the damaged trees, then the Zoning Administrator may require that all or part of the security be used to provide for mitigation of the damaged trees. Construction Period Restrictions 14. Site Preparation - Prior to the start of any clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation on site with trees to be preserved, the applicant shall install fencing at or beyond the dripline of all areas adjacent to or in the area to be altered and remain in place for the duration of construction activity in the vicinity of the trees. Prior to grading or issuance of any permits, the fences may be inspected and the location thereof approved by appropriate County staff. Construction plans shall stipulate on their face where temporary fencing intended to trees to be protected is to be placed, and that the required fencing shall be installed prior to the commencement of any construction activity. 15. _ Construction Period Restrictions - No grading, compaction, stockpiling, trenching, paving or change in ground elevation shall be permitted within the dripline of the five trees to be saved unless necessary. The applicant shall follow as much as possible the recommendations of the arborist as mentioned on tree report page No.6. "Evaluation of Impact and Recommendations for Preservation". The arborist shall have the authority to require protective measures to protect the roots. Upon the completion 8 of grading and construction, an involved arborist shall prepare a report outlining further methods required for tree protection if any are required. All arborist expense shall be bwilkl by ',h,; dcveloper and applicant unless otherwise provided by the development conditions of approval. 16. Prohibition of Parking - No parking or storing vehicles, equipment, machinery or construction materials, construction trailers and no dumping of oils or chemicals shall be permitted within the drip line of any tree to be saved. 17. Construction Tree Damage - The development property owner or developer shall notify the Community Development Department of any damage that occurs to any tree during the construction process. The owner or developer shall repair any damage as determined by an arborist designated by the Director of Community Development. Any tree not approved for destruction or removal that dies or is significantly damaged as a result of construction or grading shall be replaced with a tree or trees of equivalent size and of a species as approved by the Director of Community Development to be reasonably appropriate for the particular situation. Arborist Expense 18. Arborist Expense - The expenses associated with all required arborist services shall be borne by the developer and/or property owner. Fencing 19. No fence shall exceed six feet in height. Police Protection/Crime Prevention 20. b t for the pFepose Zoning A d tfthat the (' ifn n D tion tib "[pl []Tilt-L77t. - Ciaa aav ...,a.. TIT�iTGTi Environmental Design (dated September- i > a 9 Election to Establish a Police Service District 20. At least 30 days prior to obtaining a building permit for the proposed project the applicant shall provide evidence to the satisfaction of the Zoning Administrator that the proposed development has reasonably complied with the Crime and Prevention Through Environmental Design (dated March 13, 2001) requirements. 21. The owner of the property shall participate in the provision of funding to maintain and augment police services by voting to approve a special tax for the parcels created by this subdivision approval. The tax shall be the per parcel annual amount (with appropriate future CPI adjustment) then established at the time of voting by the Board of Supervisors. The election to provide for the tax shall be completed prior to the filing of the Final Map. The property owner shall be responsible for paying the cost of holding the election, payable at the time that election is requested by the owner. Payment of Any Required Supplemental Fees 22. Both the applicant and the property owner are fully responsible for County staff costs. Invoice(s) for additional costs beyond the initial application deposit will be mailed to the applicant and are due and payable 30-days following the date of the invoice. The unpaid balance shall be collected prior to issuance of a building permit or initiation of the use, whichever comes first. The applicant can obtain the current status of staff cost on this application from the project planner. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE FINAL MAP General Requirements: 23. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in this conditional approval statement. The drainage, road and utility improvements outlined below shall require the review and approval of the Public Works Department and are based on the revised Tentative Map dated February 1, 2001. 10 � s 24. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Di✓ision, along with review and inspcz"c^ f2cs, and security for all improvements required by. the Ordinance Code for the conditions of approval of this subdivision. These plans shall include any necessary traffic signage and striping plans for review by the Transportation Engineering Division. Roadway Improvements: 25. Applicant shall construct curb, a 1.4-meter(4.5-feet±) sidewalk (width measure from curb face), necessary longitudinal and transverse drainage, street lighting, and pavement widening and transitions along the frontage of Boulevard Way. The face of curb shall be located 3 meters (10 feet ±) from the ultimate right of way of Boulevard Way per drawing PA3851-00 on file at the Public Works Department. 26. Applicant shall install safety related improvements on all streets (including traffic signs and striping) as approved by Public Works. Specific On-Site Road Improvements: 27. The private road shall be constructed in accordance with County private road standards. Minimum easement width shall be 7.62 meters (25 feet) per County Subdivision Ordinance requirements. Traffic shall be restricted to one-way only and revised to a counter-clockwise direction. Load Dedications: 28. Applicant shall convey to the County, by Offer of Dedication, the night of way,necessary for the planned roadway improvements along Boulevard Way in accordance with drawing PA3851-00 on file at the Public Works Department. Access to Adjoining Property: Proof of Access 29. Applicant shall furnish proof to Public Works of the acquisition of all necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. it Encroachment Permit 30. Applicant shall obtain an encroachment permit from the Application and Permit Center, if necessary, for construction of driveways or other improvements within the right of way of Boulevard Way. Parking: 31. "No Parking" signs shall be installed along the private road subject to the review and approval of Public Works. Parking shall be prohibited on both sides of the private road where pavement width is less than 8.5 meters (28 feet). Parking will be prohibited on one side of the private road where the width is greater or equal to 8.5 meters (28 feet). Sight Distance: 32. Provide sight distance along Boulevard Way for a through traffic design speed of 65 km/hr(40 mph ±). Utilities/Undergrounding: 33. All new and existing utility distribution facilities shall be installed underground. Maintenance of Facilities: 34. Property Owner shall record a Statement of Obligation in the form of a deed notification, to inform all future property owners of their legal obligation to maintain the private roadwa}. Street Lights: 35. Property owner shall apply for annexation to County Service Area L-100 Lighting District by submitting: a letter of request; a metes and bounds description; and, pay the current LAFCO fees. Annexation shall occur prior to filing of the Final Map. The applicant shall be aware that this annexation process must comply with State Proposition 218 requirements which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4-6 months to complete. 12 Pedestrian Facilities: 36. All public and private pedestrian facilities and access ways shall be designed in accordance with Title 24 (Handicap access) and the Americans with Disabilities Act. This shall include all sidewalks, paths, trails, driveway depressions, as well as handicap ramps. Soundwall/Acoustic analysis: 37. Any noise studies that may be required shall be based on ultimate road widening and ultimate traffic under the general plan. Any soundwalls that may be required as the result of the noise study shall be installed outside of the public road right of way. Drainage Improvements: Collect and Convey 38. Division 914 of the Ordinance Code requires that all storm waters entering or originating within the subject property shall be conveyed, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks, or to an existing adequate public storm drainage facility that conveys the storm waters to a natural watercourse. 39. Storm drainage facilities required by Division 914 shall be designed and constructed in accordance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. Miscellaneous Drainage Requirements: 40. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and drive- way(s). 41. The applicant shall dedicate a public drainage easement over the drainage system that conveys storm Nyater run-off from public streets. 42. In the absence of public drainage easements, the applicant shall create private drainage easements over portions of the drainage system that convey storm water run-off from more than a single lot or parcel. 13 43. Private on-site storm drain easements shall have a minimum width of 3 meters(10 feet±). National Pollutant Discharge Elimination System (NPDES) Requirements: 44. The applicant shall be required to comply with all rules, regulations and procedures of the National Pollutant Discharge Elimination System (NPDES) for municipal construction and industrial activities promulgated by the California State Water Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay—Region II) 45. Compliance shall include developing long-term best management practices (BMPs) for the reduction or elimination of storm water pollutants. The project design shall incorporate, wherever feasible, the following long term BMPs in accordance with the Contra Costa Clean Water Program for the site's storm water drainage: • Provide educational materials to new homebuyers. • Stencil advisory warnings on all catch basins. • Provide options for grass pavers or other semi-pervious paving systems for walks. drives and patios. • Slope driveways and weakened plane joints to sheet flow onto planted surfaces where feasible. • Prohibit or discourage direct connection of roof and area drains to storm drain systems or through-curb drains. • Other alternatives, equivalent to the above, as approved by the Public Works Department. ADVISORY NOTES THE FOLLOWING INFORMATION DOES NOT CONSTITUE CONDITIONS OF APPROVAL. IT IS PROVIDED TO ALERT THE APPLICANT TO LEGAL REQUIREMENTS OF THE COUNTY AND OTHER PUBLIC AGENCIES TO WHICH THIS PROJECT MAY BE SUBJECT. A. NOTIFY OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL, OF THIS PERMIT. 14 This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or ex.,L'iu,l6 tuyu►red as part of this project approval. The cFYc ,:::ty to protest is limited to a 90-day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or imposition of any dedication,reservation, or other exaction required by the approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Community Development Department within the 90 days of the approval date of this permit. B. Comply with the requirements of the County Building Inspection Department. C. Comply with the requirements of the Health Services Department, Environmental. Health Division. D. Comply with the requirements of the Contra Costa Central Sanitary District. E. Vesting Tentative Map Rights -The approval of this vesting tentative map confers a vested right to proceed with development in substantial compliance with ordinances, policies, and standards in effect as of March 1, 2000, the date the vesting tentative map application was accepted as complete by the Community Development Department. The vested rights also applies to development fees which the County has adopted by ordinance. These fees are in addition to any other development fees which may be specified in the conditions of approval. The fees include but are not limited to the following: Park Dedication $2000.00 per residence. (If appropriate - Child Care) $ 400.00 per residence. F. Expiration of Vested Rights: Pursuant to Section 66452.6(2) of the Subdivision Map Act, the rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision Map Act shall last for an initial period of two (2) years following the recording date of the final/parcel map. These rights pertain to development fees and regulations. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the initial time prior, the.subdivider may apply for a on- year extension. The application shall be accompanied by the applicable filing fee. If the 15 extension is denied by an advisory agency, the subdividor may appeal that denial to the Board of Supervisors by filing a letter of appeal with the appropriate filing with the Clerk of the Board within 15 calendar days. The initial time period may also be subject to automatic extension pursuant to other provisions of Section 66452.6(g) of the Government Code relating to processing of related development applications by the County. G. The applicant shall be required to comply with all rules, regulations, and procedures of the National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction 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). H. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and 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 and Game Code. I. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. J. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the South Walnut Creek Area of Benefit as adopted by the Board of Supervisors. These fees must be paid prior to issuance of building permits. K. Comply with the Drainage Fee Ordinance for Drainage Area 101A prior to filing the final map. 16 300' PUDIUS • • 3 OCCUPANTS 200021. 184-010-046 185-360-016 SUFISM REORIENTED INC. PIKE SANDRA LEONG TRE 1300 BOULEVARD WAY 40 IRIS LN. WALNUT CREEK, CA 94595-120 WALNUT CREEK,CA 94595-1221 184-010-069 185-360-017 FRANKLIN & TERESA RILEY JR. STEVEN&ELIZABETH SHAW 110 ISLAND CT. 30 IRIS LN. WALNUT CREEK,CA 94595-126 WALNUT CREEK, CA 94595-1221 184-450-007 185-360-018 CATHRYN RICKARD BENJAMrN KRONICK 1354 BOULEVARD WAY 24 IRIS LN. WALNUT CREEK, CA 93495-120 WALNUT CREEK, CA 94.595-1221 184-450-024 185-360-019 LE BOULEVARD MANAGEMENT STOW PARTNERS 1336 BOULEVARD WAY 1355 BOULEVARD N�.AY WALNUT CREEK, CA 94595-126 WALNUT CREEK, CA 94 595-1207 184-450-028 SUFISM REORIENTED INC. 155-360-020 ?428 WARREN RD. 1343 BOULEVARD «'.�1� WALNUT CREEK. CA 94595 N�' �LNLiT CREEK. CA 9-,505-1207 184-450-029 185-360-043 SUFISM REORIENTED INC. GEORGE & RUBY TELLSWORTH 2428 WARREN RD. 20 IRIS LN. WALNUT CREEK, CA 94595 WALNUT CREEK, CA 04595-1211 184-450-030 IS 5-460-017 SUFISM REORIENTED INC. DEVOON OF CALIFORNIA INC. 1354 BOULEVARD WAY 1305 BOULEVARD WAY WALNUT CREEK, CA 94595 WALNUT CREEK; Ca 9'.595-1250 184-010-062 KARIN LEE BODMAN 80 ISLAND CT. WALNUT CREEK, CA 94595-121 184-010-063 2,p KIv1ASAHARU& JUNE MATAYOS 90 ISLAND CT. WALNUT CREEK, CA 94595-121 ADMIN O `SERVER' (LT)/2000/2100021/300'R4DrL 1,4. 300' RA.DIUS • • OCCUPANTS 200021.0 2 184-450-005 REORIENTED SUFISM 1360 BOULEVARD WAY WALNUT CREEK, CA 94595-124 184-450-006 SCOTT BOHANNAN & DIANNE BORA 1366 BOULEVARD WAY WALNUT CREEK, CA, 94595-120 184-450-011 STEVEN L.EWENZ 2470 WARREN RD. WALNUT CREEK, CA 94595-124 184-450-012 LANCE NLARCHETTI 1364 BOULEVARD WAY WALNUT CREEK, CA 94595-120 184-450-025 LINH HUYNH&HUYEN-THANE THI 1326 BOULEVARD WAY WALNUT CREEK, CA 94595-1208. 184-480-001 KENNETH&YOLANDA HASTI 1310 BOULEVARD WAY 4-A WALNUT CREEK, CA 94595-125 184-480-002 RANDALL& DIANE HAiyIMON 1310 BOULEVARD WAY-T'-'B WALNUT CREEK, CA 94595-125 184-480-003 PAMELA BOBBS 1308 BOULEVARD WAY mA WALNUT CREEK, CA 94595-120 184-480-004 GERALD SALAZAR 1308-BOULEVARD WAY"B WALNUT CREEK, CA 94595-120 ADMIN ON `SERVER' (U)/2000/200021/300'RADIUS/184(B 300' RADIUS • T`. • OCCUPANTS 200021.0 3 184-480-005 CHARLES & RANDA LIEDSTRA 1312 BOULEVARD WAY 13 WALNUT CREEK, CA 94595-125. 184-480-006 LORRIANE J. GANIT 1312-BOULEVARD WAY�A WALNUT CREEK, CA 94595-125 184-480-007 SARA ROSNOW 1314 BOULEVARD WAY�,!B WALNUT CREEK, CA 94595-125 184-480-008 MARGARET MAYER 1314 BOULEVARD WAY rA WALNUT CREEK, CA 94595-125 184-480-009 . REORIENTED SUFISM 1316 BOULEVARD WAY nB WALNUT CREEK,.CA 94595-125 184-480-010 REORIENTED SUFISM OVAL 1316 BOULEVARD WAY A WALNUT CREEK, CA 94595-125 184-480-011 SHARON PARKER 1318 BOULEVARD WAY�B WALNUT CREEK, CA 94595-125 184-480-012 TERRY H-ASSEN HOGAN& HILARY 1316 BOULEVARD WAY-B WALNUT CREEK, CA 94595-1258 184-480-013 WILLIAM & ANNA COOK 1310 BOULEVARD WAY rC WALNUT CREEK, CA 94595-125 ADMIN ON `SERVER' (T.J)/2000/200021/300'R_4DIUS/184(E 300' R4DIUS ?.f.= • OCCUPANTS 200021.0 d 184-480-014 PETER& JULIA SKIFF 1310 BOULEVARD WAY 4D WALNUT CREEK, CA 94595-125 184-480-015 JOSEPH & RACHEL DACUS 1308 BOULEVARD WAY 9 C WALNUT CREEK, CA 94595-120 184-480-016 GAIL ANDREWS 1308 BOULEVARD WAY#D WALNUT CREEK, CA 94595-120 184-480-017 RICHARD & MARGARET WATS 1312 BOULEVARD WAY 4D WALNUT CREEK, CA 94595-125 184-480-018 DAVID& CYNTHIA PASTOR 1312 BOULEV ARD WAY -4C WALNUT CREEK, CA 94595-125 184-480-019 BENJAMIN & KAREN WELLS 1314 BOULEVARD WAY ,�D WALNUT CREEK, CA 94595-125 184-480-020 KATE GRAYSON BOISVERT 1314 BOULEVARD WAY rtC WALNUT CREEK, CA 94595-125 184-480-021 MICHAEL& ELLEN EVANS 1316 BOULEVARD WAY 'D WALNUT CREEK, CA 94595-125 184-480-022 FRED& KATHERTN BRUNS`VI 1316-BOULEVARD WAY 4C WALNUTCREEK, CA 94595-125 ADIMIN ON `SERVER' (U)/2000/200021/300'RADIUS/184(I 300' RADIUS �DJ :�' •' OCCUPANTS 200021.0 j 184-480-023 IRA &RONNIE DETRICK 1318 BOULEVARD WAY-4D WALNUT CREEK, CA 94595-125 184-480-024 DUCAN & CHARMIAN KNOW 1318 BOULEVARD WAY-4C WALNUT CREEK, CA 94595-125 184-480-025 COMMON AREA TRACT 5532 NO STREET NAME OR NUMBER WALNUT CREEK, CA 94595-125 185-360-006 PAUL& KIM PLASCJAK 40 GARDEN CT. WALNUT CREEK, CA 94595-122 185-360-007 RUTH EIDBO 30 GARDEN CT. WALNUT CREEK, CA 94595-122 185-360-008 ROGER& MONIKA SIEGEL 20 GARDEN CT. WALNUT CREEK. CA 94595-122 185-360-009 BETTY" CARPENTER 10 GARDEN CT. WALNUT CREEK, CA 94595-122 185-360-010 MERRICK BROWNE JR. RACHEL BAILEY-BRO`Ti'NE 1373 BOULEVARD WAY" -4 13 75 WALNUT CREEK, CA 94595-124 185-360-011 CHARLES & MARIE PHILLIPS CHARLES & M PHILLIPS 1376 BOULEVARD WAY WALNUT CREEK, CA 94595-124 ADIMIN ON `SERVER' (U)/2000/200021/300'RADIUS/184(E 300' RADIUS • ADJACENT • OCCUPANTS 200021.0 6 185-360-012 GRAIG & ANNETTE FISHERKEL 31 IF LN. WALNUT CREEK,CA 94595-122 185-360-013 GRETCHEN TAYLOR 41 IRIS LN. WALNUT CREEK, CA 94595-122 _. 185-360-014 JANIS ADAIR 51 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-015 RANDY & TERESA HARTSHOR 50 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-016 SANDRA LEONG PIKE 40 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-017 STEVEN & ELIZABETH SHAW 30 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-018 BENJAMIN KRONICK 24 IRIS LN. WAL'.KUT CREEK,CA 94595-122 185-360-019 STOW PARTNERS 1355 BOULEVARD WAY WALNUT CREEK, CA 94595-120 185-360-020 STOW PARTNERS 1343 BOULEVARD WAY WALNUT CREEK , CA 94595-120 ADi`•II\ON`SERVER' (U)/2000/200021/300'R-4DIUS/184(1: 300' RADIUS • ADJACENT • OCCUPANTS 200021.0 7 185-360-032 LORI CONVERSE 1230 KENDALL CT. WALNUT CREEK, CA 94595-111 185-360-033 CLARICE MACKENZIE 1220 KENDALL CT. WALNUT CREEK, CA 94595-111 185-360-034 CARL OSTERHOLM 1210 KENDALL CT. WALNUT CREEK, CA 94595-111 185-360-035 JOHN& KAREN KERSEY 1200 KENDALL CT. WALNUT CREEK, CA 94595-111 185-360-043 GEORGE & RUBY TELLSWORT 20 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-044 DAVID & SHEILA MCNA LAR 21 IRIS LN. WALNUT CREEK, CA 94595-122 185-360-045 STUBBS FAMILY PARTNERS L 1183 SARANAP AVE. WALNUT CREEK, CA 94595-116 185-360-047 MARCHALL MEYER& MARSHALL 1195 SARANAP AVE. WALNUT CREEK, CA 94595-11162 185-360-049 ALMA & BRETT MONTEITH ALMA MONTEITH 2545 LUCY LN. WALNUT CREEK, CA 94595-111 ADMIN ON `SERVER' (LD/2000/200021/300'R4DIUS/184(B 300' RADIUS • ADJACENT • OCCUPANTS 200021.0 9 185-360-057 MARY SHEPARD & ROBERT HOLCO 1278 LAUREL OAK LN. WALNUT CREEK, CA 94595-117 185-360-058 RICHARD & GENA CHRISTIAN 1274 LAUREL OAK LN. WALNUT CREEK, CA 94595-117 _ 185-360-059 PHILLIP & LAURA GAFFNEY 1270 LAUREL OAK LN. WALNUT CREEK, CA 94595-117 185-360-060 ROBERT DESINO 1273 LAUREL OAK LN. WALNUT CREEK, CA 94595-117 185-450-001 MICHAEL HANDLERY 950 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-002 GEOFFREY& WENDY BEATY 942 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-003 LORIN BLUM 934 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-004 CHARLES CLEMONS & MONICA Mo. 926 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-005 GLENMOORE CONSTRUCTION 918 RAINTREE PL. LAFAYETTE, CA 94549-4816 ADMIN ON `SERVER' (U)/2000/200021/300'IL4LDIUS/184(I 300' RlD1L'S ADJACENT • OCCUP.kNTS 200021.0 9 185-450-006 DFAVID & KATHLEEN BARLEE 910 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-007 GLEN'_v10RRE CONSTRUCTION 900 RAINTREE PL. LAFAYETTE, CA 94549-4816 185-450-008 PRASAD & RAINI LAKIREDDY 909 RAINTREE PL. LAFAYETTE, CA 94549-4815 185-450-009 JOHN & CHRISTINA GODDARD 941 RAINTREE PL. LAFAYETTE, CA 94549-481 185-450-011 BARRY & ELAINE TAYLOR 940 RELIEZ STATION LN. LAFAYETTE, CA 94549 185-450-012 HARRY LOCKLIN 956 RELIEZ STATION LIQ'. LAFAYETTE, CA 94549 185-450-014 GENE & PAMELA SCHMIDT 940 RELIEZ STATION LN. LAFAYETTE, CA 94549-4840 185-450-014 GENE R PAMELA SCHMIDT 940 RELIEZ STATION LN. LAFAYETTE,CA 94549-4840 185-460-001 JAMES BOSTAD 1305 BOULEVARD WAY �101 WALNUT CREEK, CA 94595-122 ADMIN ON `SERVER' M/2000/200021/300'RADIUS/184(E 300' K.01US • ADJACENT • OCCUPANTS 200021.0 10 185-460-002 MILDRED URBIZTONDO 1305 BOULEVARD WAY t=102 WALNUT CREEK, CA 94595-122 185-460-003 DOUGLAS ADAMS 1305 BOULEVARD WAY 4103 WALNUT CREEK, CA 94595-122 185-460 004 JACOB WAXMAN 1305 BOULEVARD WAY '104 WALNUT CREEK, CA 94595-122 185-460-005 ELIZABETH CLARK&JOHN MAX 1305 BOULEVARD WAY-r"105 WALNUT CREEK, CA 94595-122 185-460-006 NIELSEN BRIGITTE SAVISKAS 1305 BOULEVARD WAY 4106 WALNUT CREEK, CA 94595-126 185-460-007 GR.AIG & CHERIE PLUMLEE 1305 BOULEVARD WAY r]07 WALNUT CREEK, CA 94595-126 185-460-008 JEAN ALLISON & MARINA DUFFY 1305 BOULEVARD WAY X108 WALNUT CREEK, CA 94595-126 185-460-009 JACQUELINE BURNS &NORMAN 1305 BOULEVARD WAY x112 WALNUT CREEK, CA 94595-126 185-460-010 JACK W'HITEHOUSE 1305 BOULEVARD WAY rl 10 WALNUT CREEK, CA 94595-126 ADMIN ON 'SERVER' (U)/2000/200021/300'R-ADIUS/184(] 300' RADIUS ADJACENT • OCCUPANTS 200021.0 ll 185-460-011 BARBARA SNOW 1305 BOULEVARD WAY fl 14 WALNUT CREEK, CA 94595-126 185-460-012 FRED LAKOSIL 1305 BOULEVARD WAY 1112 WALNUT CREEK, CA 94595-126 185-460-013 LEATRICE GOEPPERT & GREGORY 1305 BOULEVARD WAY=t'l 13 WALNUT CREEK, CA 94595-1227 185-460-014 REORIENTED SUFISM 1305 BOULEVARD WAY-x114 WALNUT CREEK, CA 94595-122 185-460-015 NADYA PHILLIPS & FAMILY 1.305 BOULEVARD WAY X115 WALNUT CREEK, CA94595-122 185-460-016 DAVID BUTTS 1305 BOULEVARD WAY x116 WALNUT CREEK, CA 94595-122 185-460-017 DEVOON OF CALIFORNIA INC. 1305 BOULEVARD WAY WALNUT CREEK, CA 94595-125 185-460-018 JUDITH PHILLIPS 1305 BOULEVARD WAY -=201 WALNUT CREEK, CA 94595-122 185-460-018 JUDITH PHILLIPS 1305 BOULEVARD WAY-201 WALNUT CREEK, CA 94595-122 ADMIN ON`SERVER' (U)/2000/200021/300'R4DIUS/184(B 300' RADIUS • ADJACENT • OCCUPANTS 200021.0 12 185-460-019 PETER BROOKS 1305 BOULEVARD WAY x202 WALNUT CREEK, CA 94595-122 185-460-020 MARY MCWHIRTER 1305 BOULEVARD WAY 9203 WALNUT CREEK, CA 94595-122 185-460-021 JOAN BARBARA BRANN 1305 BOULEVARD WAY 9204 WALNUT CREEK, CA 94595-120 185-460-022 JACOB WAXNIAN 1305 BOULEVARD WAY 9205 WALNUT CREEK, CA 94595-120 185-460-023 FLORA CANEJA 1305 BOULEVARD WAY 9'206 WALNUT CREEK, CA 94595-120 185-460-024 JERROLD &CATHERINE ULME 1305 BOULEVARD WAY .2207 WALNUT CREEK, CA 94595-120 185-460-025 PATTIO COCHRAN 1305 BOULEVARD WAY 9 208 WALNUT CREEK, CA 94595-120 185-460-026 F. RONALD LEI&IS 1305 BOULEVARD WAY 9209 WALNUT CREEK, CA 94595-120 185-460-027 MARY PARTICIA MACK 1305 BOULEVARD WAY 9210 WALNUT CREEK, CA 94595-122 ADINIIN ON`SERVER' (U)/2000/200021/300'RADIUS/184(B 300' RADIUS • ADJACENT • OCCUPANTS 200021.0 13 185-460-028 JACOB WAXMAN 1305 BOULEVARD WAY 4211 WALNUT CREEK, CA 94595-122 185-460-029 CAROL CONRAD 1305 BOULEVARD WAY 9212 WALNUT CREEK, CA 94595-122 185-460-030 JACOB WAXMAN 1305 BOULEVARD WAY n213 WALNUT CREEK, CA 94595-122 185-460-031 DORTHY & OWEN COOPER 1305 BOULEVARD WAY 42 WALNUT CREEK, CA 94595-122 155-460-032 DOUGLAS PEDLEY 1305 BOULEVARD WAY 9215 WALNUT CREEK, CA 94595-126 185-460-033 WILLIAM HERZA 1305 BOULEVARD WAY 9216 WALNUT CREEK, CA 94595-126 185-460-034 NORMA HAJOVSKY & RONAKD BAL 1305 BOULEVARD N"AY+21? WALNUT CREEK, CA 94595-1264 185-460-035 PAUL& AMY Z. ICKER 1305 BOULEVARD WAY 4301 WALNUT CREEK, CA 94595-126 185-460-036 IRA DEITRICK 1305 BOULEVARD WAY€302 WALNUT CREEK, CA 94595-126 ADMIN ON `SERVER' M/2000/200021/300'R-ADIUS/1.54(F 300' RADIUS ADJACENT •. OCCUPANTS 200021.0 14 185-460-037 ARLEEN HAYS 1305 BOULEVARD WAY 4303 WALNUT CREEK, CA 94595-1264 185-460-038 JUDITH SUTTER PIFER& THERRESA 1305 BOULEVARD WAY 4304 WALNUT CREEK, CA 94595-1264 - 185-460-039 WILLIAM EINSTOSS 1305 BOULEVARD WAY 4305 WALNUT CREEK, CA 94595-122 185-460-040 DOLORESJEGEN 1305 BOULEVARD WAY 4306 WALNUT CREEK,CA 94595-122 185-460-04I .ALEX & FLELICITAS TELLER 1305 BOULEVARD WAY x307 WALNUT CREEK, CA 94595-122 185-460-042 HENG-RONG SHIAH CHOW 1305 BOULEVARD WAY-4308 WALNUT CREEK, CA 94595-122 185-460-043 ELLIS & CONNIE VARELLAS 1305 BOULEVARD WAY 4309 WALNUT CREEK, CA 94595-122 185-460-044 NLARIE ROEBLING 1305 BOULEVARD WAY 4310 WALNUT CREEK, CA 94595-122 185-460-045 TRICIA TRINA TEMENOS 1305 BOULEVARD WAY 4311 WALNUT CREEK, CA 94595-122 ADMEN ON `SERVER' (L7/2000/200021/300'R.ADIUS/184(1 300' RADIUS ADJACENT • OCCUPANTS 200021.0 1S 185-460-046 DAVID STARR 1305 BOULEVARD WAY 4312 WALNUT CREEK, CA 94595-122 185460-047 SEE-POK& LAI HONG WONG 1305 BOULEVAR WAY#313 WALNUT CREEK, CA 94595-121 185-460-048 CLARA &ARLENE UNAIMUN CLARA UNAMUN 1305 BOULEVARD WAY#314 WALNUT CREEK, CA 94595-121 185-460-049 LINDA WONG 1305 BOULEVARD WAY n315 WALNUT CREEK. CA 94595-121 185-460-050 CATHERINE PINCkS 1305 BOULEVARD WAY 4316 WALNUT CREEK, CA 94595-121 185-460-051 JACOB WAXMAN 1305 BOULEVARD WAY-rur317 WALNUT CREEK, CA 94595-121 ADIMLN ON`SERVER' (C1)/2000/200021/300'R.ADIUS/184(B. OCCUPANTS 200021-0 3 Oast Bay Municipal Utility District- EB MUD EBMUD BUILDING INSPECTION Senior ing Civil Engineer,Water Service Plann 375 - 11th Street MS701 Oakland, CA 94607-4240 EN-VIRONMENTAL HEALTH Acalanes High School District 1212 Pleasant Hill Rd. Lafayette,CA 94549 Sheriffs Office-Administration& Public Works/Flood Control Community Services 1980 Muir Rd. Martinez,CA Saranap Homeowner's Association 125 Kendall Rd PW-ENGINEERING SERVICES Walnut Creek, CA 94595 City of Lafayette 3675 Mt. Diablo Blvd., Suite 21 PW-TRAFFIC Lafayette, CA 94549 WALNUT CREEK SCHOOL DISTRICT 960 YGNACIO VALLEY ROAD Public Works/Special Districts WALNUT CREEK CA 94596 Historical Resources Information System Bldg 33 Sonoma State University 1801 E. Cotati Avenue R.ohnert Park, CA 94928 CCC FIRE PROTECTION DISTRICT 2010 GEARY ROAD -PLEASANT HILL; CA 94523 Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 9455') CITY OF WALNUT CREEK 1666 NORTH MAIN STREET WALNUT CREEK, CA 94596 ADMIN ON `SERVER' (U)/2000/20002 1/300'P--kD1TJS/j84(r V- Agenda Item # Community Development Department Contra Costa County CONTRA COSTA COUNTY PLANNII`TG COMMISSSION TUESDAY, August 28, 2001 —7:00 P.M. I. INTRODUCTION FOCUS REALTY SERVICES (Applicant) STOW PARTNERS (Owner), County File#'s RZ00-3097; DP00-3056; SD00-8500: A. County File#RZ00-3097: The applicant requests approval to rezone 1.14 acre parcel from Single-family Residential District (R-10) to Planned Unit Development (P-1). A variance is requested to allow P-1 zoning on a parcel smaller than five acres. B. County File#DP00-3056: The applicant requests approval of a final development plan to establish ten (10) detached two-story single-family houses with an attached two-car garage in each house. The applicant is also requesting a tree permit to allow removal of 28 trees and alteration of five other trees. C. County File#SD00-8500: The applicant requests approval of a vesting tentative map to subdivide a 1.14 acre parcel into 10 lots. Subject property consists of two lots totaling +49,65S square feet located at #1343 Boulevard Way in the Walnut Creek area. (R-10) (ZA:N13) (CT:3410) (Parcel #185-360-019/020). II. BACKGROUND: This item was presented at the County Planning Commission meeting on July 24, 2001 and continued to August 2S. 2001. The reason of the continuance of this item was to allow the applicant to meet with neighbors and discuss issues and concerns regarding the proposed project. There were several issues raised at the July 24, 2001 meeting and the Commission requested that staff address those issues for the August 28, 2001 meeting. The applicant met with the Atrium of Walnut Creek Homeowner Association twice on the week of August 6, 2001. Below is the response to issues raised at the July 24, 2001 public meeting and response to the August 8, 2001 letter from Mr. David J. Larsen, the Atrium of Walnut Creek Homeowner Association's attorney: Tt • • S-2 A. Staff Response to Issues Raised at the July 24, 2001 Public Meeting. 1) Environmental Impact Report: On June 19, 2001, a Notice of Public Review and Intent to u ri-uposed Negative Declaration was posted. It was determined that the proposed development/subdivision and rezoning would not have a significant impact in the environment. The public comment period ended at 5:00 P.M. on July 24, 2001. Staff met with Ms. Catherine Pinkas (the president of the 1305 Boulevard Way Homeowner Association) and with Mr. David Larsen (the attorney representing the Association) on the week of July 30`h. Ms. Pinkas requested that staff provide the list of neighbors who were notified of the July 24, 2001 County Planning Commission meeting and the list of neighbors notified about the notice of intent to adopt the negative declaration on this project. Even though staff was able to prove that all neighbors were notified of the July 24, 2001 public hearing, it was not clear from the list provided by the applicant, that all adjacent property owners and occupants were included in the June 19, 2001, public notification. In order to remedy the"uncertainty" that the adjacent property owners and occupants were or not notified and after checking the list for completeness, staff posted a new letter on August 3, 2001 to ensure that adjacent property owners and occupants had a chance to provide comments on the proposed negative declaration of this project. The public comment period extends to August 23, 2001. The Community Development Department has not received any written public comments regarding the adequacy of the proposed negative declaration to date. Any submitted public comments will be available at the August 28, 2001 public hearing. 2) All structures Should be Lowered to One-story: Before the applicant submitted a proposal to the Community Development Department, a Pre- application meeting took place on August 3. 2000. The Pre-application meeting included representatives from the District 2 Supervisor's Office and the Saranap Homeowner Association. The proposal was for 11 town homes with zero lot alignment. The Saranap Association expressed concerns regarding this proposal and the applicant agreed to modify the development to 10 detached two-story single-family residences with six- foot separation between houses. The Contra Costa County Zoning Code allows a single-family residence to have a maximum of 35-foot height. The height of the structures, as previously proposed, was almost 28-foot. As part of the negotiation that took place between the applicant and the Atrium of Walnut Creek Homeowner Association, the applicant has agreed to lower the roofline to approximately 1 foot, resulting in a less than 27-foot high structure. • S-3 3) Traffic Study: A memo (attached) prepared by the Public Works Department, prepared after the July 24, 2001, County Planning Commission, directly addresses the traffic issue. On that memo Public Works states that traffic studies are usually required if the project generatcb 16C)-peak nour trip (as required by Measure C) or if there is a known or potential problem in the vicinity that requires particular attention. The proposed project was submitted to Public Works Department, Traffic Engineering Division and it was determined that a traffic study was not necessary. On the other hand, the Department has required conditions of approval that address improvements to local traffic. See conditions of approval on pages 11, 12, and page 32. 4) Drainage Issues: On that same memo, Public Works states that the applicant will be required to construct on and off-site drainage facilities to convey all storm waters entering and originating on the site to an adequate drainage system. The applicant will not be allowed to block any drainage that may flow to the site from adjacent parcels and that drainage of adjacent parcels will benefit from the proposed development. Public Works Department, along with Engineering and Flood control Division, have a list of conditions regarding drainage improvement on the proposed site. See conditions starting on page#1.0. 5) 40-foot Greenbelt Along the North Site of the Subject Site: The existing General Plan designation of the subject site is INIM, Multi-family Residential Medium Density. The density range for this designation is from 12 to 20.9 units per net acre. The subject site has a gross acreage of 1.14 and a net acreage of 0.85. After multiplying the net acreage by the lowest density range allowed in the General Plan, the proposed development needs to accommodate a minimum of 10 units. The provision of a 40-foot green belt is not feasible due to the fact that it would make the subject site with less developable area and therefore, any proposal that would yield less than 10 units would be inconsistent with the General Plan. Nevertheless, the applicant has agreed to increase the rear yard of all the houses along the north side of the property from 15-foot to 25-foot. The increase of the rear yard would set the following changes in the site plan: 1) closer proximity of the private road to Boulevard Way 2) narrower width of the private road from 28-foot to 20-foot and 3) relocation of the proposed parking spaces along the private road. B. August 8, 2001 letter from David J. Larsen. On his letter. Mr. Larsen states that the Board of Atrium of Walnut Creek Homeowner Association is willing to remove its opposition to the proposed project if the Board has a better undertaking of 1) where the County is addressing drainage issues that the proposed development be contributing 2) what the County is wiling and able to do to address traffic • S-4 issues, especially speeding, along Boulevard Way 3) whether a stop sign or traffic lights should be recommended with approval of this project 4) the Board makes County staff aware that because members were not of this project earlier, the 40-foot green belt is no longer feasible and 5) County staff agrees to recommend the 25-foot backyard and lower roof line by another 15-inch and additional trees to be saved. Staff Response: Mr. Larsen has stated that he would take care of item#4; however, staff has provided some comments to item#4 as well. 1) Drainage Issues: Staff has concluded that drainage issues have been already discussed with the answer staff provided under "Issues raised on the July 24, 2001, public hearing". 2) and 3)Traffic Issues:This is a response to item#2 and item #3 regarding traffic issues (speeding, stop signs or street lights along Boulevard Way). In order to further illustrate the above mentioned discussion on traffic concern raised at the July 24, 2001, public meeting, staff is refemng to the conditions of approval submitted by Public Works Department regarding traffic issues. See conditions of approval #24 and#25 on Page No. 10. Conditions of approval # 26, #27, and#28 on Page 11 and finally, Condition of Approval # 32 on Page No. 12. 4) Because the Homeowner Association Was Not Informed of This Proiect Earlier, a 40-foot Greenbelt is No Longer Feasible. A notice of Intent to Adopt a Negative Declaration was posted on June 19, 2001. The first public hearing on this project was held on July 24, 2001. The notice of the July 24, 2001 meeting was noticed as 1344 Boulevard Wav instead of 1343 Boulevard Way. Even though it was not necessary to renotice the 300-foot neighbors regarding the County Planning Commission's decision to continue this item (due to the fact that the parcel numbers were addressed correctly) the Community Development Department opted to renotice the 300-foot neighbors of the continuance of this item to the August 28, 2001 public hearing. Additionally, staff worked diligently to ensure that all adjacent property owners and occupants were "properly" . notified of the proposed intent to adopt a negative declaration on this project, so they would have a chance to provide their comments. Staff posted a new notice of intent on August 3, 2001. Staff has determined that the Community Development Department has complied with all of the required notification procedures by making the above mentioned corrections and renotices. • S s-s 5) County Staff Agrees to Recommend Proposed Changes: While discussing the proposed changes with the applicant and with Mr. Larsen, staff provided both parties with a positive response. Staff agrees that the proposed 25-foot rear yard, lowering the roofline by annroximately one foot, and saving additional trees along the north side of the property are good alternatives. Staff is recommending that County Planning Commission adopt the proposed changes. III. PROPOSED MODIFICATIONS TO RZ00-3097/SD00-8500/DP00-3056 CONDITIONS OF APPROVAL. See attached modifications to the proposed Conditions of Approval. VI. RECOMMENDATION 1. Adopt the attached Negative Declaration. 2. Adopt a motion recommending that the Board of Supervisors adopt the proposed rezoning from Single-family Residential District (R-10) to Planned Unit Development (P-1) with a variance to allow P-1 zoning on a parcel smaller than five acres. 3. Recommend approval of the Final Development Plan for ten (10) detached two-story single-family house units with 2 two-car garages on a 1.14 acre property subject to the findings and revised conditions of approval. 4. Approve the Vesting Tentative Map to establish ten (10) single-family, two-story house units with 2 two-car garages on a 1.14 acre property subject to the findings and revised conditions of approval. • Tenox Homes August 14, 2001 Y Telma Moreira Contra Costa County Development Dept. 651 Pine Street North Wing-Second Floor Martinez CA, 94550 Re: Tamarind Place R2003097, DP003056, & SDO08500 Dear Ms. Moreira On July 24, 2001, a public hearing was held before the Planning Commission regarding the proposed 10 single-family home subdivision on Boulevard way in Walnut Creek. The project had the support of the Saranap Homeowner Association, but concerns were raised by the residents of the adjacent condominium project the "Villas of Walnut Creek". The Planning Commission continued the hearing to August 28`h to allow for a renotification by planning staff and to provide an opportunity for the developer to meet with the adjacent condominium owners. Two meetings were held with the owners to discuss their concerns and to review possible modifications to the proposed site and building plans. The following modifications were proposed and accepted by the developer and condominium owners: 1. The rear back yard setback for lots 1 to 6 was increased from 15ft. to 25ft. 2. The internal street along lots 1 to 6 was reduced from 28ft. wide to 20ft. wide. I The four parallel parking spaces on the internal street were replaced with three parking spaces consisting of two perpendicular spaces and one parallel space along the internal street. 4. The house floor plan on lot 10 was reversed with the driveway moved toward the project entrance. 5. Two additional oak trees on the north side of the property(No.7622 and No.642) adjacent to the condominium project will now be saved. 6. The roof pitch on.the proposed houses will be changed from 6 in 12 to 5 in 12, reducing the roof ridge height by about one foot. 3675 Mt.Diablo Blvd., Suite 350,Lafayette,CA 94549—6800 Phone: (925)283—8470 • Fax: (925)283 -9671 • ?enox I3®fines We are pleased with the results of our mutual effort to modify the site and building plans to accommodate the adjacent owners. We look �r•:�;:3;o the Planning Commission approval of the Tamarind Place project. Sincerely &'�U&V'J�kWJ Curt Blomstrand 590-LH-CCC 3675 Mt.Diablo Blvd., Suite 350, Lafayette,CA 94549—6800 Phone: (925)293—8470 • Fax: (925)28;-9671 ERR W [ I [ < P A 'r l' C7 It N L Y S A 'IL A %Y ' .:ww.L•cr.linq•F:ril..'im DAVID J.LARSEN dlarse iRbuding-wcil.cnm RrrLY TO ALAMO OFMCR August b, 2001 VIA FACSIMILE TO 925/283-9671 U.S. MAIL Mr. Curt Blomstrand Pocus Realty Services 3675 Mt. Diablo Blvd., Ste. 350 Lafayette, CA 94549-6800 Re: The Atrium of Walnut Creek Homeowners Association Dear Mr. Blom5-trand: 'This letter is sent to inform you how the Board of the Atrium Homeowners Association concluded their further discussions last night. The Board is willing to remove its opposition to the project once the following things occur: 1. The Board has a getter understanding of where the county is with respect to addressing down street drainage issues that this development may be contributing to; 2- The Board has a better understanding of what the county is willing and able to do to address traffic issues, particularly speeding, along Boulevard Way; 3. The Board has a better understanding of whether a stop sign or traffic light.should be recommended in conjunction with the approval of this project; 4. "I-he Board makes county staff aware that because its members were not notified of this project earlier, the ideal solution involving a 40 foot greenbelt, is no longer feasible; and 5. County staff agrees to recommend the new plan, expressly including the 25' hackyards. the lower roof lines (15" less than previously discussed) and the additional trees to be saved. 14(1 QCBi y Succi 233'1 L;ul.l NIC:dOW Way 3140 Sion..Vallcy ku:nl We>1 Nmit,Fk-r Suac '_20 Ahonr, ('A 'N501.1 '5K San I'ruI)CI.NCV.CA `14 IIIK--5630 "L 1;0110m—('A 166711-1.-1 Tr.lgfli-%c:'i25,R11.�(1')p Itlehhunr: 41 i.7K2 2611(0 1•clihhonc"11b.A51.1U 111 I':1i.'d'_5_K'2ll Sj`)? fax:41 7K2 'h7A F:ix:916J01 191'1 Mr. Curt 131omstrand August 8, 2001 Page 2 I have a call into TeIrna to determine the best way to obtain answers to the questions posed by the first three items. Your thoughts would also he appreciated. I will take care of the fourth item, and assume you will confine your willingness to handle the f 11h item at your earliest convenience. You can reach me fit 925/838-2090. 1; look forward to hearing from you i s soon as possible. Very truly yours, HER G IL, LLP David I Larsen DJLAll cc: Telma Moreira n;kW130csw002ka7V-ti,rERVK12BR579.WPO HPOING (YWEII <<F .i r o r, n Ii Y ,, A r i A 1% WWWA,ciding-WeiI.tum PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 6, 2001 TO: Telma Moreira, Project Planner, Community Development Department 1��LaIA7rence FROM: Gossett, Consulting �Civil En ' eer, Engineering ineerin Services r SUBJECT: SUBDIVISION SD 00-85pp,��-"-A O-3056 & RZ 00-3097 REVISIONS TO LOT 10�` (Focus Realty/Boulevard Way/Saranap Area/AP# 185-360-019 & 020) FILE: SD 00-8500, DP 00-3056 & RZ 00-3097 It is our understanding that as a result of issues raised at the recent Planning Commission hearing, the applicant will be increasing the depth of the lots along the north property line. One of the results of this change wiII be the necessity to reverse the footprint of the proposed residence on Lot 10. This modification would place the driveway for this lot further east, closer to the intersection of Tamarind Place with Boulevard Way. While it would be preferable to locate this driveway as far away from the intersection as possible, it would not be any closer to the intersection than those on Lots 1 and 2. We do not anticipate any problems resulting from this modification. LG:Ie G\G:pAzm\CneSvc\I.at y Gussct1\20011Auhu:(\SD3500E cc: H.Bailengcr,Engineering Senices M Morton,Engineering Services Unox Homes,3G75 Mt.Diablo Blvd.Suite 350,Lafayette,CA 94549 r: 1\---1 I JLI♦ 1VL --- --- --- - Focus fealty Services 3/2,2001 Catherine Pinkas 1305 Boulevard Way, A316 Walnut Creek, CA 94595 Re: Tamarind Place 1343!1355 Boulevard Way Dear Ms. Pinkas: This letter is to confirm that we are available to attend your homeowner's meeting on 'Tuesday. August 7, 2001 at 7:00 p.m.. ;Tease confirm the 'location of the meeting` with iry office. The purpose of the meeting is to discuss the proposed development plans for Tamarind Place that have been submitted to the Planning CommissiorL ;t i.s my understanding that some of the condominium homeowners at Villas of Nk alnLr Creek have concerns about the plan. We are interested in hearing their concerns and obtaining input which would improve the plan within the acceptable paraineters of the governmental agencies, the Saranape T.-lorneow•ner s Association aridthe economics of the project. We had recommended a meeting with your Board of Directors, but you stated your preference is a meeting with all the interested homeowners of the Villas. Hopefully this size meeting will not be cumbersome in our discussions. Our representatives will be Walter McEnerney, Ross Blackburn and myself. You are the President of the homeowner association and will preside over; the meeting. Attending the muting will be your Board of Directors and homeowners. We look, forward to our meeting and to a productive discussion about our project. S�:2ccrcly' � ' � '• ' lel `` Curt Blomstrand CB:mr cc: Telma.Moreira 390-FRS-Pinkas 3675 Nit.Diablo Blvd-, Suite 150,Lafayette,CA 94549—6300 Phore: (925)283—8470 Fax: (925)283-9671 vVi VVi V1 111 L• VV VU 1:L'1 .lLV V1V 1.VVV VVV 1 LUL1... ,.Vluv - - ..�.u.r..- � ""... L .,- PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: TO: Telma Moreira, Project Planner, Community Development Department FROM: Lawrence Gossett, Consulting Civil Engineer, Engineering Services SUBJECT: SUBDIVISION SD 00-8500, DP 00-3056 & RZ 00-3097 RESPONSES TO PLANNING COMMISSION ISSUES (Focus Realty/Boulevard Way/Saranap Area/AP# 185-360-019 & 020) FILE: SD 00-8500, DP 00-3056 & RZ 00-3097 The purpose of this memo is to address Public Works related issues raised at the Planning Commission hearing of July 24. Some of the neighbors thought a traffic study should have been required for the proposed project. Traffic studies are usually only required if the project meets criteria set forth under Measure C (100 peak hour trips) or if there is a known or potential problem in the vicinity that requires particular attention. In this case, the ten proposed lots would only generate approximately ten peak hour trips. Our traffic engineer reviewed the proposed project and his comments were incorporated into the conditions of approval as proposed. No additional study appears warranted. The other issue raised concerned localized drainage problems. As a condition of development, the applicant will be required to construct on and off-site drainage facilities to convey all storm waters entering or originating on the site to an adequate storm drain system. They -grill not be allowed to block any drainage that may flow to the site from adjacent parcels. By accepting any runoff from adjacent parcels that may flow in the direction of the subject property and providing positive drainage to dispose of said runoff, the localized drainage on adjacent parcels will, if anything,benefit from the proposed project. l,c:IE GAG,pData\EmgSvc\L-%M,Gosssn\200l%July1SD9500e cc: H.Ballenper,C•ngineerLrg Services M.Morton,Es.giuecring Services Lenox Homes,361S Mt_Diablo Blvd,Suire 350,Lafaycae,CA 945d9 Aa1 � a�K;gm�es^omgQ� In .� nRR Zrt1 n n O brG 7'To 'IMM.[1. > �Yl -'ir y�i ruxuc = 1-- > =s- � n Fro AE a� - eci 1 12 N _ •\ :. 2a ic�� = 5 `Aga � 1�In it 7 L i f i \ .\V }J�•J J oevo = L m 52 g i °"• I CONTRA COSTA. COUNTY CALIFORN;: — CA 0 > fT, � IF O \ ,C �•\ �jy'/ :LCL•] 9'ICC•_ - 25 aa ` \ \L•� NR.� /.� \'..;� \`-��� � Ian � w7S' ! 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INTRODUCTION FOCUS REALTY SERVICES (Applicant) STOW PARTNERS ( Owner), County File#'s RZ00-3097; DP00-3056; SD00-8500: A. County File#RZ00-3097: The applicant requests approval to rezone a 1.14 acre parcel from single-family Residential District (R-10) to Planned Unit Development (P-1). A variance is requested to allow P-1 zoning on a parcel smaller than five acres. B. County File#DP00-3056: The applicant requests approval of a final development plan to establish ten (10) detached two-story single-family houses with an attached two-car garage in each house. The applicant is also requesting a tree permit to allow removal of 28 trees and alteration of five other trees. C. County File#SD00-8500: The applicant requests approval of a vesting tentative map to subdivide a 1.14 acre parcel into 10 lots. Subject property consists of two lots totaling ± 49,658 square feet at #1344 Boulevard Way in the Walnut Creek area. (R-10) (ZA: N-13) (CT: 3410) (Parcel #185-360- 019/020). II. RECOMMENDATION 1. Adopt the attached Negative Declaration. 2. Adopt a motion recommending that the Board of Supervisors adopt the proposed rezoning from Single-family Residential District (R-10) to Planned Unit Development (P-1) with a variance to allow P-1 zoning on a parcel smaller than five acres. 3. Recommend approval of the Final Development Plan for ten (10) detached two- story single-family house units with 2 two-car garages on a 1.14 acre property subject to the findings and conditions of approval. • S=2 • 4. Approve the Vesting Tentative Map to establish ten (10) single-family, two-story house units with 2 two-car garages on a 1.14 acre property subject to the findings and conditions of approval. III. GENERAL INFORMATION A. General Plan: The General Plan designation is Multiple-Family Residential- Medium Density (MM). This designation allows between 12.0 and 20.9 multiple family units per net acre. With an average of 2.5 persons per unit, population densities would normally range between about 30 to about 52.3 persons per acre. The applicant's proposal for 10 units on a 1.14 acre property is consistent with the density range allowed in this designation. B. Zonin : The subject site is currently located in the Single-family Residential District (R-10). The applicant has requested a rezoning to Planned Unit District (P-1) and the proposal is consistent with the P-1 zoning district. C. CE A: A Negative Declaration was posted on June 19, 2001. No written comments regarding the adequacy of the posted negative declaration were received by the Community Development Department. D. Previous Applications: PR00-0013: A Pre-application meeting took place on August 3, 2000. The pre-application meeting included representatives from the District 2 Supervisor's office and the Saranap Homeowner Association. E. Regulatory Programs: 1. Active Fault Zone: The subject site is not within an active fault zone. 2. Flood Hazard Area: The subject site is within flood zone C, Panel 290 of minimal flooding. 3. 60 dBA Noise Control: The subject site is not within a 60 dBA Noise Control Zone S-3 • IV. AGENCY COMMENTS 1. Building Inspection Department, Grading Division: January 3, 2001 states that a soil preliminary report and grading permit required. Grading Division addressed some concerns about the drainage of the site; however, the applicant will have to meet the requirements of the collect and convey on the property. 2. East Bay Municipal Utility District: Memorandum dated December 21, 2000, states that off site pipeline improvements, at the applicants expense, may be necessary depending on local fire requirements set by the local fire agency. The applicant should contact EBMUD's New Business Office to request a water service estimate to determine costs and conditions of providing additional water service to the property. 3. Office of the Sheriff: Memorandum dated March 13, 2001 includes a series of conditions (see attached letter) and staff has discussed those conditions with the applicant. 4. Citv of Walnut Creek: Staff has contacted City of Walnut Creek, Melissa Ayers, on July 10, 2001 and was informed that the proposed Planned Unit Development is consistent with other existing residential development within the City of Walnut Creek. On July 12, 2001 Ms. Melissa Ayers left a message with staff stating that the City of Walnut City General Plan is also Multi-family which allows 14 to 22 units per acre; therefore, the City of Walnut Creek would not encourage developments that don't meet the General Plan density range. 5. Contra Costa County Consolidated Fire Department: Memorandum dated December 27, 2000, states a series of conditions (see attached letter). Staff has discussed those conditions with the applicant and the applicant has submitted a letter stating that he agrees with all of the Fire Department conditions. 6. California Resources Information System: Memorandum dated January 2, 2001 stated that the site has the possibility of containing archeological sites. An archaeological Report dated January 2, 2001 indicates that the general area appears to have moderate archaeological sensitivity for prehistoric resources due to the proximity of Las Trampas Creek. However, no prehistoric, Hispanic or American Period archaeological resources have been recorded, reported or observed within or adjacent to the project. 7. Public Works Department, Flood Control Division: Memorandum dated January 4, 2001 states that before accepting the application as complete, the applicant should submit a drainage study showing how they will be able to satisfy collect and convey requirements. A drainage study was submitted to Public Works Department and it was determined that the study was acceptable and that no further mitigations would be necessary. -• S-4 • No response was received from the following agencies: Central Sanitary District Health Ser-v,-.z--z Qzpar ngnt, Env;roni—n,lltat Division Acalanes School District V. PUBLIC COMMENTS: Saranap Home Owners Association: Memorandum dated July 5, 2001, states that issues regarding the subject project were discussed and resolved at several past meetings. The Association is favoring the project and believes that the proposed project is an appropriate transition between the three story apartments and the single family houses which adjoins the subject site. Mrs. Pike's Letter: A letter dated May 4, 2001 was received from Sandra L. Pike, of 40 Iris Lane. In her letter, Mrs. Pike addressed the following concerns: 1) importance of monitoring the proposed project to ensure the drainage problems along Iris lane are not aggravated by the proposed project 2) loosing the existing sunlight on the property and loosing view of Mount Diablo (staff is assuming that Mrs. Pike was referring to Mount Diablo when she mentioned Mount Tamalpais), and that it would have an adverse affect on the value of her property 3) loosing the privacy of her property because proposed development would have only a 10-foot setback instead of 15-foot setback 4) construction nuisance such as noise, dust, and rodent problems that could affect her home 5) removing her property existing fencing and replacing it with a commercial fencing. Staff Response: Drainage of the property: Staff has been communicating with Mrs. Pike, and has submitted a copy of Public Works Conditions of Approval and a copy of the Initial Study of the proposed project. A copy of the drainage calculation of the proposed project was submitted to Public Works, Flood Control Division, and it was determined that the submitted drainage calculation to be adequate in addressing the drainage concerns of the property. Loosing sunlight and view of Mount_Diablo: The applicant has submitted pictures from Mrs. Pike's backyard porch, which show the existing trees and a solid wood fencing on her property (see attached photos). The County has no view protection Ordinance. Loosing privacy because 10-Foot rear yard setback: The proposed rear yard setback for this development is 15-foot and not 10-foot. Additionally, the applicant has lowered the final pad of the Lot No. 6 to five feet lower than Mrs. Pike's property. • S-5 Dust, noise, and rodents caused by construction activities: The noise, and dust related to the construction of the proposed development will be temporarily in nature and a condition regarding constructions litter, dust, and hours of operations is placed on the project (see Conditions of Approval No. 7 on Page No.4 and 5). Removal of existingfencing:encing: The applicant has informed staff that he has discussed the fencing issue with Mrs. Pike. Mrs. Pike indicated to the aplciant that she wants to retain the existing fence and the applicant will build an additional fencing adjacent to Mrs. Pike's fence. VI. SITE/AREA DESCRIPTION: The subject site is a 1.14 acre L 49,658 sq. ft) property addressed 1343 Boulevard Way in the Walnut Creek area. The property is developed and comprised of two lots. There are two residences and several County protected trees (mainly Valley Oak and Monterey Pine, ranging from 6-inch diameter to 26-inch diameter). Boulevard Way is shown as a general thoroughfare on the County Major Roads Plan. The surrounding zoning is M-29 (Multi-family Residential) to the north, N-B (Neighborhood Business) to the east, P-1 (Planned Unit Development) to the southeast; and Single-family Residential District R- 10) to the south and west. VII. PROPOSED PROJECT The applicant is requesting a subdivision to divide approximately 1.14 acre of land into ten lots. A variance is also requested to allow P-1 zoning on a parcel smaller than five acres. The proposed project consists of 10 two story house units, with an attached two- car garage each unit. The main floor consists of a living-room, family-room, dining- room, kitchen and a two-car garage. The second floor consists of a master bedroom/bath, three other bedrooms, and a laundry room. The total height of each unit will not exceed 28 feet. Six houses will be located towards the north side of the property and four houses on the south-central portion of the property. One gateway is proposed for each side of the private road entrance. The height of the gateway varies from 3 to 4 '/z feet. A six-foot wood fence is proposed along the easterly corner of Lot No. 9, which will continue easterly to Lot No. 10. along Boulevard Way. An existing 2 to 4 feet retaining wall is located on the north side of the property. The applicant is proposing to keep that retaining wall and build another retaining wall of similar height along the west side of the property. The revised final development plan indicates that each lot will offer a minimum of 3-foot side yard (6-foot separation between houses); most lots will have a 15-foot rear yard; 15- foot front setback from the edge of the garage and 18-foot from the edge of the house. The net square footage of the lots varies from 2942 sq. ft. to 6456 sq. ft. S-6 Access A private one-way road (Tamarind Place) will provide access to the proposed development. The width of the road on its west side is 20-foot and 28-foot on the north and east side. Four parking spaces are proposed on the 28-foot wide portion of the private road. Public Works is requiring that "No Parking" signs be installed along the private road subject to their review and approval. Parking be prohibited on both sides of the private road where pavement width is less than 8.5 meters (28 feet) and parking be prohibited on one side of the private road where the width is greater or equal to 8.5 meters (28 feet). Landscaping The applicant has submitted a landscape design for the proposed site. Five existing trees will be part of the final landscape, and additional trees will be planted along the frontage of Boulevard Way and along the frontage of the houses. Trees will be a minimum of 15 gallon-size, and shrubs will vary between I to 5 gallons. The proposed trees are Hawthorn, Loquat,White Crape Myrtle, Redwood and Coast Live Oak. VIII. ROAD AND DRAINAGE CONSIDERATIONS Traffic/Circulation The Public Works Department is currently in the process of revising the Precise Alignment of Boulevard Way to reduce the ultimate width along the subject property to a 34-foot half-width. This is a reduction of 8 feet from the currently adopted plan. We would require some transition in right of way and improvements near the north end of the project to conform to the existing improvements in front of the neighboring apartments. In addition, channelization improvements are proposed at the intersection of Kinney Drive to the southwest. From a traffic flow and safety standpoint, it would be preferable to redesign the site such that there is a single access to Boulevard Way. We have previously discussed the internal circulation with the applicant and the plan has been revised to make the internal private road a one-way street. Upon further review with our traffic engineer, we recommend the direction of flow for Tamarind Place be reversed to a "counter-clockwise" direction. This would move the left turn movements from Boulevard Way to the subdivision further away from the curve in Boulevard Way and Kinney Drive channelization. With several multi-family apartments and condominiums in the area, on street and guest parking is marginal. Although on-street parking will be allowed along Boulevard Way in the interim, it may be prohibited in the future when the ultimate roadway improvements and channelization for the Kinney Drive intersection is constructed. This should be kept in mind in evaluating the parking requirements for this project. S-7 • Drainage Storm water runoff from this site flows easterly towards Las Trampas Creek via a combination of underground facilities and open creeks. Portions of this system in the vicinity of Blade Court are known to be deficient and have a long history of flooding problems. The County Subdivision Ordinance will require the applicant construct an adequate storm drain system to serve this project. Another developer in the region is improving portions of this downstream drainage system west of Dewing Lane. The applicant has submitted a drainage study from Dewing Lane to the confluence with Las Trampas Creek. This study, which has been reviewed by both Public Works and Flood Control staff, indicates the existing creek is able to contain the required design storm. Additional off-site mitigation within this reach of the creek does not appear to be necessary. IX. STAFF CONSIDERATIONS A. Rezoning: The rezoning request is to change it from R-10 to P-1. The surrounding zoning is M-29 (Multi-family Residential) to the north, N-B (Neighborhood Business) to the east, P-1 (Planned Unit Development) to the southeast; and Single-family Residential District R-10) to the south and west. The general plan for the property is Multi-family Residential Medium Density (MM). The proposed rezoning will make the zoning consistent with the general plan for the property and staff is recommending approval of the rezoning to P-1. B. Variance Request: The applicant is requesting a variance to allow P-1 Zoning on a parcel smaller than five acres. This variance would allow the applicant to construct the proposed development which would not be possible otherwise. Staff is recommending granting approval of the variance consistent with the County Code Section 26.2.2006, due to the location, size, and shape of the property. C. Subdivision: The proposed subdivision is consistent with the general plan for the area. The design and layout of the subdivision is compatible with the surrounding single- family development in the area. D. Tree Impact: A tree report was prepared by a certified arborist (HortScience, Inc). Thirty-three trees were evaluated, representing 13 species. The trees were an equal mix of indigenous species (18 trees, all Valley and coast live oak) and planted exotics such as Monterey pine (4) and California, black walnut (3). Nine of the species were represented by a single individual. Most of the trees were small in stature; only 10 were greater than 15" in diameter. Included among the larger trees were 6 valley oaks, 2 Monterey pines and the Blue Atlas cedar and Coast redwood. The reports additionally states that approximately most of the trees are in good condition and approximately thirty percent in poor condition. The applicant is proposing to remove 28 trees. Five trees along the frontage of the property are proposed to be altered but saved. The report provides S-8 background of the existing trees and replanting recommendations. Staff supports the removal of the trees to accommodate the proposed development. X. CONCLUSION: Staff recommends that the County Planning Commission adopt a motion to: A. Adopt the negative declaration as adequate for the purpose of this project. B. Recommend the Board of Supervisors approve the requested rezoning from R-10 to P-1 and the Final Development Plan. C. Approve the Vesting Tentative Map Subdivision (SD008500) subject to conditions including that the approval is contingent on adoption of the requested rezoning to P-1 by the Board of Supervisors. OWN ,/,i 0 • Lenox Homes July 11, 2001 Telma Moreira Contra Costa County Development Department 651 Pine Street North Wing- 2nd Floor Martinez, CA 94553 Re: Tamarind Place RZ003097, DP003056 & SDO08500 Dear Ms. Moreira: The purpose of this letter is to describe the general background that leads to our proposed 10 single family home project called Tamarind Place. The general plan designation MM (medium density) for this ill property allows from 10 to 24 units for the net area of the site. We prepared several different schematic plans ranging from an apartment building to a townhouse project and finally to a single family home development. We met with the Saranap Homeowner Association several times to discuss the merits and preferences of the various plans. The Association selected the plan showing single family homes on small lots. This plan would provide a transition from the existing 3 story apartment complex on the north to the R-10 single family homes on the West. After the basic housing type was decided, we worked with the Association in developing an appropriate site plan that met the requirements of Planning and the public agencies. A rezoning of the site to planned development (PD)was recommended to allow single family homes in the MM general plan designation. It also allowed flexibility in siting the houses and to provide variations in the house plans and preserve several of the existing trees on the property. Tamarind Place would be similar to a nearby project("Olde Creek Place") recently built on Old Tunnel Road in Lafayette. A number of recommendations from the Association were incorporated in the site plan and house designs. The goals were to reduce the impact of the project on the adjacent neighbors, incorporate the local architecture vernacular and create an interesting streetscape that fits with the existing neighborhood. We are pleased with the results of this joint effort which has resulted in the proposed project now submitted to the Planning Commission. The project utilizes an infill site 3675 Mt.Diablo Blvd.,Suite 350,Lafayette,CA 94549—6800 Phone: (925)283—8470 • Fax: (925)283-9671 Telma Moreira July 11, 2001 Page 2 that has a G.P. designation for medium density housing. The project represents the low end of the density range and provides a reasonable transition from the apartments on the one side to the single family homes on the other side. Tamarind Place offers needed housing in an urban area and utilizes the existing infrastracture for its public services. We look forward to your recommended approval of the Tamarind Place project. Sincerel , Curt A. Blomstrand 590-LH-CCC i i ar�u i i -r�+.r i•i I-KI.JI•I I-LA-4--D KLML I 1 JGK V 1 VG JGn Focus Realty Services July 11, 2001 Telma Moreira Planner Community Development Department Currcnt.Planning 651 Pine St. 2nd Floor- Forth.Wing Martinez, CA 94553-0095 Subject: Conditions of Approval by Fire Department Dear Ms. More:ira: This letter is to confirm that we agreed to the conditions of approval issued by the Contra Costa County Fire District regarding Tamarind Place, Subdivision 8500. Sincerely.. •1� � ^ r s•/ ! f Curt A. .Rlornslrand CAB:mr 3675 Mt. Diablo Blvd., Suite 350, t_afaycae_CA 94549—6800 Phone: (.925)283 -- 9470 • rax: (9255)283 -9671 Saranap Homeowners Association Post Office Box 2506 Walnut Creek, California 94595-2539 (925) 946-9185 Telma Moriera Community Development 651 Pine Street North Wing Nartine z , CA 94553-0095 July, 5, 2001 Res 1343 Boulevard Way 10 lot subdivision County File # RZ 003097/DP 003056/SD8500 Our Association endorses the 1343 Boulevard Way 10 lot subdivision. This is based on several meetings on-site ,and, at Community Development which explained and resolved our earlier issues. We have discussed this project with two neighbors on Iris Lane resulting in lowering the corner house five feet to continue their view of Mt, Diablo . The internal street was changed to one-way. Landscaping is modified for safer visibility at the egress points. This project complies with the General Plan, and also, is a proper transition between the three story apartments, and the R-10` s on Iris Lane. Cordially yours, Robert W . Stevens Saranap howners Association r Kum r ul.uJ KGNL I f JCK v 1 l,C �jLb Zb 5 `J-b/ I �. L TPP i=0•;7Ij-CDL1 9257-351-222 P.02/0S May 4, 2001 _3 i is L= Jtl cin_ '_T'elma ?'Loreira Contra Costa county Developmpr.t Loot. current Planning Division 651. Pine Street, North Wing- 2nd Floor Martinez, Califo::ks.a Y4553 Subdlvlsi0n . D J'J-3501^, DP00-3056, e RZ GU-3097 A2\: 135-366 019 6 020 !Boulevard_ way Between Sar azap 6 Gazdvri �cut'j Dem- Its: As a follow-up to our earlier phone discussion, I art summarizing some of my concerns which 'elate to the Proposed construction of the subdivision :ccated at the vacant, lot which backs >o my home at 40 Ir,i n Lane, Walnut Crook. I know that you art- currently in the review stages of the tentativp maps fpr Y-h_e project_ and I wgu_.d like to make that the :ollowing i:;*Ues are addressee. (1) The-- is currently a .netuzal flow of rain watcf from the uphill :irie of Iris Lane which drains trru the yards of the notes on my side of the street.., and which I believe also drain towards the vacant lot or. Boulevard way where the new subdivision is proposed. I would like to express the importance o`. monitoring the prosect so that the exist.i.ng drainage problems along Iris Lenz are not aggravated by the con;tructior. of the subdivisia s new drainage 3vstem5- I am partizLiarly impa•r.te'd by tris eroblem. L;i•nce the pn:)pased protect will abut about on of the backyard of my property: (2) My site has always rad the benefit of the sunlight onto the rear yard and a view of Mt Tama-pais from my kitchen window. If thea nro-j.•c•t were -to by cons,:ruc•red -wi-:G ;.he curren plans. -thcr two &tory buil-:'rigs will diminish the amount of sunlight com:rig into my prcpIZrty. Al._-., I, as well as soma of my neighbors, will lose our viewL of Mt. Tarntipais. This will have an adverse affect ua Lhe value of my property and ny neishbcrs' orvpert,es. ,3) As I under;tared the pians, construc.::on of the building nearest my itc w-ii only have a setback of 10 feet -rom Lhe tear lot .line. This is a variance from the required !S-ft minimum yard setbar.k Lssed on the C1._rzci-.L zoning in this ares. I want to ensure that the 15- ft rear yard se'_back requirement is ;:prLFlc. With th,, proposed building.; ,eing ,wo stories 2,4 and set so %rose to t:1e lo[ line, I will lcsc- X11 DrlvaCy in my bank yard. This too, will affect negatively on my property value. -urs ng constructicn there w+11 br periods c` sc vL%re noise, riuF;t arid: Ic,. $C likely rodent probl..Pms t:`.at affect m•: home. During rri.oz cor_struction orcjec`Cs such az the one it Laurel Oak Larne and the oze across Koulevard Way from the entrance to leis Lane, the hordes o: roder:tS Mice or ra=s) %any cn or .neat! the cons iter: i;n sites wire upzoi,_e3 and fozced these rodents t: rind new )'1nnss, o—en near or under exis'_ing romp; in t',P, area, I am very Concerned about that .`,appeninq to my name because a£ -his project-. all th9se factors wili be )iP_alth razarC;s_ e� er�e�i u: i err i r KUM r UUUJ Kt--I-1L I Y JtK V 1 LL `.:12b 2b S / � N 3 11FiY-l5-X3131 V-5:42 TPA CO51'L,-CLU 3��SS.S�1??? N_�I s%LAS (5) Currently there is a wood fence around ray lot, vth,ch I had installed when '1 First purchased the property about 5 years ago. I paid fcr the fen<-e without the assistance of any of t1-.P rear neighbors. That fe-nee provides my home with zacuriCy and privacy, and since it is in relativ-ly ;food condition., I want to keep the fence the way it is. i Ain oncerned that it. will be removed during the construction and that a commercidl Ience will be :ut L'.p in it's place which does not match the current pence and will not provide the spume level of privacy. For your informatlor., I am oatraged that the existing condominium project la d'ace-nt Fo rhe proposed new constrix,;cicn) has recrntly d9moliz,he4 a portion of my wood fc_.ce and has replaced it wits. a chain link fence -i.tnct;.t --%Y consent. I -ill be taking that matter yup witn zhiC prcper authoritle5. Due to their thoughtless and negligent actio.':s, r wart. to express my concerns up :ront with the planning ✓epazLmtnt, to prevent other actions, similar to the one 1 have recently encvuntered, from occurring: These issues are of serious conCern to me and 1 want to See them carefully considered since this project, as currently planned, wil.1 undoubtedly have a negative of=ect on ire value of my home. The drainage issue alone could affect the structu_al inteq,ity of !ay house, :and the entire project x..:.1.1 adversely affect my privacy, the -:snu_nt of sunlight which comes into my property, my view of Mt_ Tamalpais. could create rodent problems, and will cause exce*sive noise, dust, air pollutants, and other environmental problem-; ciurJ.ng construction. Ir. closing, I understand "hat you will .i-ifoii me of a-ay public hearing. related to t'.^.is project_ I would appreciate being called as soon a- A public hearing date is establisled, as well as being sailed dry correspondences, which relates to this project so I can be in:ormed at each stage_ 1 can be reached at 925-938-5526. Thank you for your assistance: Regards, Sandra L: Pike UWner Of 4V I_is Lane Walnut Creek, ca. 94595 TOTRL r-U-6 Focus Realty Services January 23, 2001 011 3 2 PP`1 3: 39 Telma Moreira Community Development Department Contra Costa County 651 Pine Street 4t'Floor, No. Wing Martinez, CA 94553-0095 Re: RZ003097/SDO08500/DP003056 "Tamarind Place" 1343 Boulevard Way Walnut Creek Dear Telma: We are responding to your letter of December 28, 2000 regarding additional items to complete our application for the above referenced project: 1. There are no hazardous materials on the site. The property has been used solely for residential purposes. A Phase I Environmental Assessment Report has been prepared and included for your review. Our civil engineer is working with the Public Works Dept. regarding flood plain, drainage and road improvements. 2. Enclosed is a $250 check for the balance of the fees due. 3.A. We have selected the Planned Unit (P-1)District Zoning to accommodate both the County requirements and the strong recommendation of the Saranap Homeowner Association. The General Plan designation for the property is Multiple Medium(MM) allowing for 12 to 20.9 units per net acre. The current zoning of R-10 should be rezoned to either M-9 or P-1 to be consistent with the General Plan. The P-1 zoning was selected because the Saranap Home- owner Association would prefer to see the development of 10 single family detached homes instead of a 14 unit attached townhouse project. 3675 Mt.Diablo Blvd.,Suite 350,Lafayette,CA 94549—6800 Phone: (925)283—8470 - Fax: (925)283-9671 Telma Moreira January 22, 2001 Page 2 The P-1 zoning allows single family homes on the property by providing flexibility in set backs, side yards, internal street circulation and preserving several existing trees. The M-9 zoning would not allow single family homes on this property. The proposed project at 10 units is at the lowest density range for the General Plan designation. The P-1 zoning provides an appropriate land use between high density multiple and single family residential. The P-1 zoning accommodates the desire of the neighbor- hood for single family detached homes and complies with the MM General Plan designation. 3.B. The project will be serviced by the Contra Costa Central Sanitary District, Pacific Gas and Electric, EBMUD and AT&T Cable Service. Our civil engineering is working with the Contra Costa Co. Flood District regarding storm drainage for the area. A preliminary report from Aliquot will be sent to you under separate cover. 3.C. The site plan was revised based on input from the Public Works Dept. The internal street was modified to one way direction, a speed bump located on the corner and parking spaces to meet the minimum size. The modifications will be shown on the revised site plan to be sent to you under separate cover. 3.D. The project shall comply with the NPDES Program The project will be planned according to Tier 1 -Baseline BMP's for residential development encompassing less than 1 acre of impervious area. The project will not have an association, but will have CC&R's providing guidelines for the use and maintenance of their property. A section of the CC&R's will have information on good housekeeping of hazard- ous products,proper use and disposal for hazardous products and prohibited discharge practices. The developer will also comply with the Tier 1 guidelines prior and during the construction period. The project design shall incorporate landscape and run off controls as required. Storm drain facilities shall be labeled appropriately. 3.E. The modified Site Plan shall read Final Development Plan. 3.F. In regards to the Park Dedication Ordinance, the applicant elects to pay a fee in lieu of dedicating land for park and recreation purposes. Telma Moreira January 22, 2001 Page 3 3.G. The land between Lots 1, 9, and 10 and Boulevard Way will be public right of way, but maintained by the owners of Lots#1, 9, and 10. The landscaping for this area will be installed by the developer. 4.A. The tree numbers on the tree survey map and site plan have been revised to be consistent on both site plan and tree survey map. 4.13. All trees to be saved, to be removed and to be altered have been indicated on the revised site plan. A common legend has been included on both the site plan and tree survey map to identify the required information. 5.A. The arborist report has been revised to correct the inconsistencies of Table#1 (page 3) and page 4. See attached revised pages. 5.B. The referenced "Tree Survey Form" is the table (Hortscience Tree Survey) listing the existing conditions of the 33 trees (pages 1 and 2) at the end of the report. 5.C. We have included a copy of the "Tree Pruning Guidelines" of the International Society of Arboriculture. See attachment. We hope this information and attachments satisfy your request and you can determine our application to be complete. If you have any questions,please don't hesitate to contact me. Sincerely, Curt A. Blomstrand CAB:mr Attachments 590-FRS-CCC Moreira Contra Costa County `°"" Fire Protection District °o n. Fire Chief December 27, 2000 KEITH RICHTER Contra Costa County Community Development Department 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553-0095 Attention: Telma Moreira Subject: Sub 8500, RZ 00-3097, DP 00-3056 1343, 1355 Boulevard Way Gentlemen: We have reviewed the development plan application to establish a ten lot residential subdivision at the subject location. This project is regulated by codes, regulations, and ordinances administered by this Fire District. If approved by your office, the following shall be included as conditions of approval: 1. The developer shall provide an adequate and reliable water supply for fire protection with a minimum fire flow of 1000 GPM. Required flow shall be delivered from not more than one hydrant flowing while maintaining 20 pounds residual pressure in the main. (903.2)UFC 2. The developer shall provide one hydrant of the East Bay type. Hydrant location will be determined by this office upon submittal of three copies of a tentative map or site plan. (903.2)UFC 3. Provide access roadways with all-weather driving surfaces of not less than 20 feet unobstructed width, and not less than 13 feet six inches of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 16% grade, shall have a minimum outside turning radius of 42 feet, and must be capable of supporting the imposed loads of fire apparatus i.e., 37 tons (902.2)UFC Note: Access roads of 20 feet unobstructed width shall have NO PARKING signs posted and curbs painted red. Roads 28 feet in width shall have NO PARKING signs posted, allowing for parking on one side only, and curb painted red. 4. Access roads and hydrants shall be installed and in service prior to construction. (8704.1)UFC F1 2010 GEARY ROAD • PLEASANT HILL, CALIFORNIA 94523-4694 • TELEPHONE (925) 930-5500 • FAX 930-5592 4527 DEERFIELD DRIVE • ANTIOCH, CALIFORNIA 94509 • TELEPHONE (925)757-1303 • FAX 754-8852 WEST COUNTY AREA • TELEPHONE (510) 374-7070 • s CCC Community Development -2- December 27, 2000 5. Approved premises identification shall be provided. Such numbers shall contrast with their background and be readily visible from the street. 6. A pro rata fee of$300 per dwelling unit shall be assessed to partially offset initial expenditures for additional necessary fire service resources. 7. All homes as proposed shall be protected with an approved automatic fire sprinkler system. Submit two sets of plans to this office for review and approval prior to installation. (1003.1)UFC CCC General Plan It is requested that a copy of the conditions of approval for the subject project be forwarded to this office when compiled by the planning agency. If you have any questions regarding this matter, please contact this office. Sincerely Richard S. Ryan Fire Inspector RSR/cja File: Project 01513.Itr c: Stow Partners 16 Park Avenue Walnut Creek, CA 94595 Aliquot Associates, Inc. 1390 S. Main Street#310 Walnut Creek, CA 94596 L111111111 of &1111ra &1!711,-1 Offtrr of thr �Itrriff Warren E.Rupf Sheriff .r J March 13, 2001 - Mr. Dermis M. Barry, Community Development Director N �o Community Development Department Contra Costa County 651 Pine Street 4`h Floor,North Wing Martinez, CA 94553-0095 Dear Mr. Barry: Subject: 1343 Boulevard- y RE: County File#RZ00 and SDO08500 Assigned Project P1 r: Telma Moreira Project Description: The application is a request for final development plan approval for ten detached single-family residences. Location Description: The development is in an area of Walnut Creek that is both residential and commercial. The north and east sides of the property back up to a three story apartment building and single family residences with fences between the two properties. Across the street are a liquor store and a religious institution. Year to date statistics for the area show incidents of commercial burglary, auto burglary/theft from vehicles and vandalism. The current plan, as submitted, does not meet the adequate standards of CPTED (Crime Prevention Through Environmental Design) strategies. We reserve the right to review future plans including site, floor, elevation, lighting and landscaping. The following recommendations are offered: 1. Numbering a. A separate street number shall be displayed in a prominent location on the street side of the residence in such a position that the dumber is easily visible to approaching emergency vehicles, preferably backlit. b. The numerals shall be no less than four inches in height and shall be of a contrasting color to the background to which they are attached. 1980 Muir Road • Martinez. California 94553-4800 (925) 313-2500 "Community Policing Since 1850...:" • . c. It is recommended that street addresses be painted on the front curb of each residence. 2. Doors a. All exterior wood doors shall be solid core with a minimum thickness of 13/4". b. All exterior doors shall be secured with a single-cylinder deadbolt lock with a minimum throw of one inch. 1) The locks shall be so constructed that both deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob. Strike plates shall be secured to wooden jambs with at least 2 '/2 -inch wood screws. c. A viewing device or peephole shall be installed in any exterior residence door and shall allow for 180-degree vision minimum. d. Vision panels in exterior doors or within reach of the inside-locking device shall be of burglary-resistant glazing or equivalent (5/16" security laminate, %4"polycarbonate or approved security film treatment, minimum.) 3. Lighting a. Street lighting will be sufficient to illuminate all sidewalks and pedestrian walkways so that identification of passersby can be made from a minimum of 25 yards. Currently there are no streetlights on the west side of the site along Boulevard Way. b. Exterior lighting of the residential area is critical. All walkways to entrances must be illuminated and free of concealment areas. c. The front yard areas must be lit and landscaped so that all areas are illuminated and no hiding places are created for would-be attackers. 4. Windows a. Windows shall be constructed so that when the window is locked it cannot be lifted from the frame. b. The sliding portion of a sliding glass window shall be on the inside track. c. Window locking devices shall be capable of withstanding a force of 300 lbs. in any direction. 3. Driveways/Traffic/Parking a. Shrubbery along driveway(s) should be trimmed back to reveal entrances and should be well lit to traffic on Boulevard Way. b. It is recommended that parking be eliminated along Boulevard way due to the high instances of auto burglaries and thefts from vehicles in the area. 4. Fencing/Landscaping a. It is recommended along Boulevard Way to separate backyards from the street that an 8' fence with a pointed top be constructed to discourage unauthorized entry. Climbing vines or anti-graffiti coating is recommended to discourage vandalism. b. Large canopy trees should not be placed near doorways to prevent blocking natural surveillance and providing hiding places for would-be attackers. c. Canopy trees should not obscure any light source and the canopy of all mature trees shall be above 7'. The large tree at the entrance to the site should be trimmed to comply with this recommendation. d. Shrubs should not exceed a height of 42"to provide maximum natural surveillance. 2 e. A maintenance plan should be in effect to maintain the proper height of plants. f. Defense plants should be used near any accessible windows or fences to prevent unauthorized entry. (Defense plants are any plants with thorns or stickers, such as roses or bougainvillea) Sincerely, Ann M. Frisk Crime Prevention Specialist Office of the Sheriff Contra Costa County Administrative & Community Services Crime Prevention Unit (925) 313-2723 cc: Applicant Owner 3 ( k . el n 300T'gi �� !i Sc 1 `1 200 Gam. t 0 k o0 is Park o - • J — � J - j L � . I J� ` \��� Vii; �. 1 300.. , ` _ ,\\ C!.� � _ _ l yam• � � � �— � � ....:: ..... ..........:..: .: . ...... ... ..::... ... . 1 , • ........:::.. 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I County iq F_=M CES ;�� County Administration Building 651 Pine Street 4th Floor, North Wing J U 0 0 2001 Martinez, California 94553-0095 Phone: 11VEIR COUNTY CLERK (925) 335-1217 CON TIR�AICOSTA COUNTY F h , August BY i 001 DUTY RENOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED NEGATIVE DECLARATION County File#RZ00-3097/SD00-8500/DP00-3056 Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: Focus Realty Services (Applicant); Stow Partners (Owner). The applicant is requesting to rezone an 1.14 acre property (comprised of two lots totaling 49,601 sq. ft.) from R-10, p t:1 Single-family Residential to P-1,Planned Unit District. The applicant is also proposing to subdivide the subject property into 10 lots and to build one two-story single-family dwelling unit with an attached two-car garage in each lot. A variance is requested for P-1 to permit development on 1.14 acre property, where 5 acres minimum is required. Additionally, the applicant is proposing to remove several trees and to alter few trees to accommodate the proposed development. The applicant will have to comply with the County Protected Tree Ordinance. The subject property is located at 1343 Boulevard Way, in the Walnut Creek area. (R-10) (ZA: N-13) (CT: 3410.00) (Parcel # 185-360-019 and 020). The proposed development will not result in any significant impacts. L_ A copy of the negative neg negative declaration and all documents referenced in the I Z__ declaration may be reviewed during business hours in the offices of the Community Development Department, and Application and Permit Center at McBrien Administration Building, North Wing, Second Floor, 651 Pine Street, Martinez. Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month Public Comment Period- The Period for accepting comments on the adequacy of the environmental documents extends to Thursday,August 23, 2001 at 5:00 P.M. Any comments should be in writing and submitted to the following address: Name: Telma Moreira, Project Planner(925) 335-1217 Community Development Department Contra Costa County 651 Pine Street, North Wing, 4`h Floor Martinez, CA 94553 It is anticipated that the proposed Negative Declaration will be considered for adoption at a meeting of the County Planning Commission on Tuesday, August 28, 2001 at 7:00 P.M. This meeting was continued from July 24, 2001 to August 28, 2001. The hearing will be held at the McBrien Administration Building, Room 107, Pine and Escobar Streets, Martinez. Project Planner Telma Moreira cc: County Clerk's Office (2 copies) 0 • Environmental Checklist Form 1. Project Title: Rezoning/Subdivision/Development Plan RZO 1-3097/SDO08500/DP003056 2. Lead Agency Name and Address: Contra Costa County Community Development Department 651 Pine Street,North Wing-4th Floor. Martinez, CA 94553 3. Contact Person and Phone Number: Telma Moreira (925) 335-1217 4. Project Location: Project is located at 1343 Boulevard Way, in the Walnut Creek area 5. Project Sponsor's Name and Address: Focus Realty Services 3675 Mount Diablo Boulevard, Suite 350 Lafayette, CA 94549 6. General Plan Designation: Multi-family Medium Density, lunit/per 10,000 sq, ft. 7. Zoning: P-1, Planned Unit District 8. Description of Project: The applicant is requesting to rezone an 1.14 acre property (comprised of two lots totaling 49,601 sq. ft.) from R-10, Single-family Residential to P-1, Planned Unit District. The applicant is also proposing to subdivide the subject property into 10 lots and to build one two-story single- family dwelling unit with an attached two-car garage in each lot. A variance is,requested for P-1 to permit development on 1.14 acre, where 5 acres minimum is required. Additionally, the applicant is proposing to remove several trees to accommodate the proposed development. 9. Surrounding Land Uses and Setting: The site is surrounded by commercial, multi-family and single-family residential units. 10. Other public agencies whose approval -Contra Costa Health Department is required(e.g.,permits,financing -Public Works, Engineering Division approval, or participation agreement). ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project,involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Land Use and Planning Transportation/ Public Services Population & Housing Circulation — Utilities& Service Systems Geological Problems — Biological Resources — Aesthetics Hydrology and Water — Energy&Mineral — Cultural Resources Air Quality Resources — Recreation Mandatory Findings of — Hazards X No Significant Significance — Noise Impacts Identified 3 DETERMINATION On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s)on the environment,but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures.based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR pursuant to applicable standards and(b)have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date Teli!ia Moreira CCC Community Development Department Printed Name SOURCES In the process of preparing the Checklist and conducting the evaluation,the following references(which are available for review at the Contra Costa County Community Development Department, 651 Pine Street 5th Floor-North Wing, Martinez)were consulted: 1. Contra Costa Resource Mapping System-Quad Sheet Panels -Walnut Creek, CA 2. The(Reconsolidated)County General Plan(July 1996) 3. General Plan and Zoning Maps 4. Project Description 5. Zoning Ordinance 6. Site plan 7. Site Visit on April 9, 2001 4 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS. Would the proposal: a. Have a substantial adverse effect on a _ _ X scenic vista?(Source 9 1,2,4,7) b. Substantially damage scenic resources, _ _ _ X including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?(Source# 1,2,3,4,7) C. Substantially degrade the existing _ _ X visual character or quality of the site and its surroundings? (Source#1,3,4,7) d. Create a new source of substantial light _ _ _ X or glare which would adversely affect day or nighttime views in the area? Source# 1,4,7) SUMMARY: The property is relatively flat and comprised of two lots totaling 49,601 sq.ft. There are two residences in the property and several mature trees throughout the two lots. The applicant is proposing to demolish the existing structures,remove 28 trees and alter 5 trees. Most of the trees are small in stature and only 10 trees are greater than.15"in diameter. Among the larger trees were 6 valley oaks, 2 Monterey pines and the Blue Atlas cedar and coast redwood.The applicant is also proposing to subdivide the property into 10 lots and to locate one two-story single-family residential unit in each property. It will be conditioned that the applicant provides a landscaping/irrigation plan and replanting,based on the tree diameter size, of all of the County protected trees that will be removed with this development. The subject site is not located in any scenic vista. All of.the construction impact will be temporary, and it will not degrade the existing visual character or quality of the site and its surroundings. II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. Of Conservation as an optional model to use in assessing impacts on agricultural and farmland. Would the project: a. Convert Prime Farmland, Unique Farmland, _ _ _ X or Farmland of Statewide Importance 5 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation lmyact Impact (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?(Source #2) b. Conflict with existing zoning for _ _ _ X agricultural use, or a Williamson Act contract?(Source 2,4,7) C. Involve other changes in the existing _ _ _ X environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Source#2) SUMMARY: Based on the Contra Costa County General Plan,the proposed project will not result in the conversion of any Prime Farmland,Unique Farmland,or Farmland of Statewide Importance to nonagricultural use. Additionally, none of the parcels of the proposed project are within the Williamson Act Contracts. III. AIR QUALITY. Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation _ _ _ X of the applicable air quality plan? (Source#2,4) b. Violate any air quality standard or _ _ _ X contribute to an existing or projected air quality violation?(Source#2,4 ) C. Result in a cumulatively considerable _ _ _ X net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Source#4) d. Expose sensitive receptors to substantial _ _ X pollutant concentrations?(Source#4) e. Create objectionable odors affecting a _ _ _ X substantial number of people? Source #2,4) Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact SUMMARY: Neither the proposed rezoning nor the proposed development should affect the air quality of the subject site or the air quality of the area. IV. BIOLOGICAL RESOURCES. Would the project: a. Have a substantial adverse effect,either _ _ _ X directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans,polices, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Source #1,2) b. Have a substantial adverse effect on any _ _ _ X riparian habitat or other sensitive natural community identified in local or regional plans, policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service?(Source# 1,2) C. Have a substantial adverse effect on _ _ X federally protected wetlands as defined _ by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,etc.)through direct removal, filling, hydrological interruption,or other means?(Source# 1,2) d. Interfere substantially with the movement _ _ _ X of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Source # 1,2) e. Conflict with any local policies or _ _ _ X ordinances protecting biological resources, such as tree preservation policy or ordinance? Source # 1,2,5) f. Conflict with the provisions of an _ _ _ X adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local,regional, or state habitat conservation plan? Source # 1,2,4) SUMMARY: Besides the trees within the property,there are no significant biological resources on 7 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact the subject site. V. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the _ _ _ X significance of a historical resource as defined in 315064.5?(Source # 1,2) b. Cause a substantial adverse change in the _ _ _ X significance of an archaeological resource pursuant to 315064.5?(Source#1,2) C. Directly or indirectly destroy a unique _ _ _ X paleontological resource or site or unique geologic feature?(Source#1) d. Disturb any human remains, including _ _ _ X those interred outside of formal cemeteries? (Source# 1) SUMMARY: A memorandum dated January 2, 2001 was received from the Historical Resources Information System which states that there is a possibility of historical resources to be found in the subject site and further study for historical resources is recommended. On March 6,2001 the Community Development Department received an archeological survey prepared by Basin Research Associates, which states that the general area appears to have moderate archeological sensitivity for prehistoric resources due to the proximity of Las Trampas Creek;however,no prehistoric,Hispanic or American Period arQheological resources have been recorded,reported or observed within or adjacent to the project. Hence the impact or archeological resources is minimal. VI. GEOLOGY AND SOILS -Would the project? a. Expose people or structures to potential substantial adverse effects,including the risk of loss, injury,or death involving: 1. Rupture of a known earthquake fault, _ _ _ X as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source #1,2, ) 2. Strong seismic ground shaking? _ _ — X Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incomoration Impact imm 3. Seismic-related ground failure, including — _ _ X liquefaction? (Source#1,2 ) 4. Landslides?(Source# 1,2) _ — — X b. Result in substantial soil erosion or the loss _ _ _ X of topsoil? (Source# 1,2) ^ C. Be located on a geologic unit or soil that is — X unstable,or that would become unstable as a result of the project, and potentially result in on-or off-site landslide,lateral spreading, subsidence, liquefaction or collapse? (Source# 1,2) d. Be located on expansive soil,as defined in — X Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source# 1,2) e. Have soils incapable of adequately supporting — — X the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of waste water? (Source#1,2) SUMMARY: A geo-technical investigation prepared by Jensen-Van Lienden Associates,Inc,was submitted on December 6, 2000. County Geologist Darwin Myers has reviewed the submitted report and provided the following comments: The site is underlain by Quaternary alluvial deposits (Qu). The ancestral trace of the Calaveras fault, which is considered to be inactive, is shown to be '/z mile past of the site. The site soil is expansive, and the submitted geo-technical report by Jensen-Van Lienden Associates provides measures to avoid/minimize damage form expansive soils.The subsurface data indicate that the liquefaction potential is nil, and there are no landslide or fault hazard issues on the subject site. The County is recommending that at least 60 days prior to issuance of filing of the final map,the applicant should submit a preliminary geology,soil and foundation report meeting the requirements of the Subdivision Ordinance for his review and approval. Additionally,the Community Development Department recommends that improvement,grading and building plans shall carry out the recommendations of the approved report. This report shall address the specifics of the approved subdivision mad and update design recommendations in the Preliminary Report as warranted. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a. Create a significant hazard to the public _ X or the environment through the routine transport, use, or disposal of hazardous materials? (Source#4) b. Create a significant hazard to the public _ _ _ X or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials 9 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Imnact Incorporation Impact Impact into the environment? (Source #4) C. Emit hazardous emissions or handle _ _ X hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source#2,4) d. Be located on a site which is included on a _ _ X list of hazardous materials sites compiled pursuant to Government Code Section 65862.5 and,as a result, would it create a significant hazard to the public or the environment? (Source#2,4) e. For a project located within an airport land _ _ _ X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport,would the project result in a safety hazard for people residing or working in the project area. (Source#2,3) f. For a project within the vicinity of a private _ _ _ X airstrip,would the project result in a safety hazard for people residing or working in the project area? (Source # 1,2) g. Impair implementation of or physically _ _ _ X interfere with an adopted emergency response plan or emergency evacuation plan? (Source#2,4) h. Expose people or structures to a significant _ _ _ X risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source#2,4) SUMMARY: There are no hazardous substance sites located within the project vicinity. The proposed project will not have any impacts with relation to hazardous materials. VIII. HYDROLOGY AND WATER QUALITY - Would the project: a. Violate any water quality standards or _ _ X waste discharge requirements? b. Substantially deplete groundwater supplies_ _ X _ or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering 10 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact of the local groundwater table level(e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage _ _ X pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? d. Substantially alter the existing drainage _ _ X pattern of the site or area, including through the alteration of thecourse of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? (Source#4,6,7) e. Create or contribute runoff water which _ _ X _ would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Source#4,7) f. Otherwise substantially degrade water _ _ X quality? (Source#4) g. Place housing within a 100-year flood _ _ _ X hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Source# 1,2) h. Place within a 100-year flood hazard area _ _ X structures which would impede or redirect flood flows?(Source# 1,2,7) I. Expose people or structures to a significant _ _ X risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Source#1,2,4 ) j. Inundation by seiche,tsunami,or mudflow? _ _ _ X (Source# 1,2) SUMMARY: Storm water runoff from this site flows easterly towards Las Trampas Creek via a combination of underground facilities and open creeks. Portions of this system in the vicinity of Blade Court are know to be deficient and have a long history of flooding problems. The County Subdivision Ordinance will require the applicant construct an adequate storm drain system to serve this project. The Applicant has submitted a drainage study from Dewing Lane to the confluence with Las Trampas Creek. This study has been reviewed 11 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact by both Public Works and Food Control staff,and it has indicated that the existing creek is able to contain the required design storm. Additional off-site mitigation within this reach of the creek does not appear to be necessary. IX. LAND USE AND PLANNING -Would the project: a. Physically divide an established community? _ _ _ X (Source#4,) b. Conflict with any applicable land use plan, _ _ _ X policy, or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan,specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source#1,2,4,5 ) C. Conflict with any applicable habitat _ _ _ X conservation plan or natural community conservation plan? (Source#2 ) SUMMARY: The proposal is rezoning from R-10 to P-1. The general plan designation is 12 to 20.9 unit/per net acre. Net acreage is assumed to constitute 75% of gross acreage for all uses, except for Multiple Family designations, where is assumed to comprise 80%. The proposed 10 unit project is at 12 unit/net acre density. Therefore, the proposal is consistent with the general plan designation. X. MINERAL RESOURCES -Would the project: a. Result in the loss of availability of a known _ _ _ X mineral resource that would be of value to the region and the residents of the state? (Source#2) b. Result in the loss of availability of a locally- _ _ _ X important mineral resource recovery site delineated on a local general plan,specific plan or other land use plan? (Source#2) SUMMARY: There are no known mineral resources on the project site. XI. NOISE- Would the project result in: a. Exposure of persons to or generation of _ _ X , noise levels in excess of standards established 12 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact iwK! in the local general plan or noise ordinance, or applicable standards of other agencies? (Source#2,4) b. Exposure of persons to or generation of _ _ X excessive ground borne vibration or ground borne noise levels?(Source#4) C. A substantial permanent increase in _ _ _ X ambient noise levels in the project vicinity above levels existing without the project? (Source#4) d. A substantial temporary or periodic increase _ _ X _ in ambient noise levels in the project vicinity above levels existing without the project? (Source#4) C. For a project located within an airport land _ _ _ X use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Source#2,4 ) f. For a project within the vicinity of a private _ _ _ X airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source#2,4) SUMMARY: The site is not located within the 65 dB noise zone. All of the noise generated at the site will be from construction, and it should be temporary in nature. XII. POPULATION AND HOUSING- Would the project: a. Induce substantial population growth in an _ _ X area, either directly(for example, by proposing new homes and businesses)or indirectly(for example, through extension of roads or other infrastructure)?(Source#4) b. Displace substantial numbers of existing _ _ _ X housing,necessitating the construction of replacement housing elsewhere? (Source #4) C. Displace substantial numbers of people _ _ _ X necessitating the construction of replacement • 0 13 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Imnact housing elsewhere?(Source#4) SUMMARY: The site currently allows the establishment of one single-family dwelling on each individual site. The proposed project will allow a ten lot subdivision, minimum 10 single-family residential units. The proposal is consistent with the general plan MM. Multi-family Residential Medium Density. The maximum allowed number of dwelling units approved after the proposed subdivision,would not trigger any considerable population growth. XIII. PUBLIC SERVICES a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services (Source#2,4): 1. Fire Protection? _ _ X _ 2. Police Protection? _ X _ 3. Schools? _ X _ 4. Parks? _ _ X _ 5. Other Public facilities? X SUMMARY: The proposed project will not have any potentially significant impact on public services. XIV. RECREATION - a. Would the project increase the use of _ _ X existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source#2,4) b. Does the project include recreational _ _ _ X facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source#4) SUMMARY: The proposed project will have less than significant impact on existing recreational facilities. 14 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incorporation Impact Impact XV. TRANSPORTATION/TRAFFIC -Would the project: a. Cause an increase in traffic which is _ _ X substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads,or congestion at intersections)? (Source #4) b. Exceed, either individually or cumulatively,, _ _ X a level of service standard established by the county congestion management agency for designated roads or highways? (Source # 1) C. Result in a change in air traffic patterns, _ _ J X including either an increase in traffic levels or a change in location that results in substantial safety risks?(Source#4) d. Substantially increase hazards due to a design _ _ _ X feature (e.g.,sharp curves or dangerous inter- sections)or incompatible uses(e.g., farm equipment)?(Source#4) e. Result in inadequate emergency access? _ _ X (Source #4) f. Result in inadequate parking capacity? _ X (Source#4) g. Conflict with adopted policies,plans, or _ X programs supporting alternative transportation (e.g., bus turnouts,bicycle racks)? (Source # 1,4) SUMMARY: The proposed project is to create 10 lots with 2 attached car garage,which allows a maximum of 4 off-street parking spaces. There will be 4 parking spaces proposed along Tamarind Place, the proposed private street within the development. There are also additional parking space available along Boulevard Way. XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a. Exceed wastewater treatment requirements _ _ X of the applicable Regional Water Quality Control Board? (Source#4) b. Require or result in the construction of new _ _ __ X water or wastewater treatment facilities 15 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact Incomoration lm= I�act or expansion of existing facilities,the construction or which could cause significant environmental effects? (Source#4) C. Require or result in the construction of new — — X — storm water drainage facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? (Source#4) d. Have sufficient water supplies available to — — X — serve the project from existing entitlement and resources, or are new or expanded entitlement needed? (Source#4) e. Result in a determination by the wastewater _ X treatment provider which serves or may serve the project that it has adequate capacity to serve the project(s)projected demand in addition to the provider existing commitments? (Source#4) f. Be served by a landfill with sufficient _ — X — permitted capacity to accommodate the project(s)solid waste disposal needs? (Source#4) g. Comply with federal, state and local statutes _ — X and regulations related to solid waste? (Source#4) SUMMARY: XVII. MANDATORY FINDINGS OF SIGNIFICANCE- a. Does the project have the potential to degrade _ _ — X the quality of the environment,substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are indiv- — X , idually limited,but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project are considerable 16 Potentially Significant Potentially Unless Less than Significant Mitigation Significant No Impact lncomoration Impact In1DaCl when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? C. Does the project have environmental effects _ X which will cause substantial adverse effects on human beings,either directly or indirectly? SUMMARY: The proposed project should not cause any impact on the environment nor on human Beings if applicant complies with County Ordinance requirements and staff recommendations e CommunityContra • Dennis M.Barry,AICP Development Community Development Director Costa Department COS __ . _. .._.�. _..�. -_- II ff ; `r, _, County Administration Building OUn I 1 651 Pine Street 4th Floor, North Wing g@ Martinez, California 94553-0095 JUN ` S 9 20� Phone: (925) 335-1217 - - _-�— = L: "`iiZ Co UNT'd CLERK Tune 19, 2001 Ai 6STA COU( TY DEPUTY REVISED NOTICE OF PUBLIC REVIEW AND INTENT TO ADOPT A PROPOSED NEGATIVE DECLARATION County File# RZ00-3097/SD00-8500/DP00-3056 Pursuant to the State of California Public Resources Code and the "Guidelines for Implementation of the California Environmental Quality Act of 1970" as amended to date, this is to advise you that the Community Development Department of Contra Costa County has prepared an initial study on the following project: Focus Realty Services (Applicant); Stow Partners (Owner). The applicant is requesting to rezone an 1.14 acre property (comprised of two lots totaling 49,601 sq. ft.) from R-10, Single-family Residential to P-1, Planned Unit District. The applicant is also proposing to subdivide the subject property into 10 lots and to build one two-story single-family dwelling unit with an attached two-car garage in each lot. A variance is requested for P-1 to permit development on 1.14 acre property, where 5 acres minimum is required. Additionally, the applicant is proposing to remove several trees and to alter few trees to accommodate the proposed development. The applicant will have to comply with the County Protected Tree Ordinance. The subject property is located at 1343 Boulevard Way, in the Walnut Creek area. (R-10) (ZA: N-13) (CT: 3410.00) (Parcel# 185-360-019 and 020). The proposed development will not result in any significant impacts. A copy of the negative declaration and all documents referenced in the negative declaration may be reviewed during business hours in the offices of the Community Development Department, and Application and Permit Center at McBrien Administration Building. North Wing, Second Floor, 651 Pine Street, Martinez. Office Hours Monday - Friday:8:00 a.m. - 5:00 p.m. Office is closed the 1st, 3rd & 5th Fridays of each month Public Comment Period- The Period for accepting comments on the adequacy of the environmental documents extends to Monday,July 9, 2001 at 5:00 P.M. Any comments should be in writing and submitted to the following address: Name: Telma Moreira, Project Planner(925) 335-1217 Community Development Department Contra Costa County 651 Pine Street, North Wing,4`h Floor Martinez, CA 94553 It is anticipated that the proposed Negative Declaration will be considered for adoption at a meeting of the County Planning Commission on Tuesday, July 24, 2001 at 7:00 P.M. The hearing is anticipated to be held at the McBrien Administration Building, Room 107, Pine and Escobar Streets,Martinez. It is expected that the County Planning Commission will also conduct a hearing on the application at that same meeting. Project Planner Telma Moreira cc: County Clerk's Office (2 copies) SITE PHOTOGRAPHS 5 i�Y,;i `� .T"-.C.. v�, f a 't S` •.... '� !fir I 1 .' .. � 7 FS 1 -�} ���,,,s �•�� �- � uy-i �T_ h- 1 T i 1,3_1�•htJl ++I�4(L'ki ri:h� 4 '��4r rt..'. �•I +T`t \ •�.� '�.yam," � ..�g��_•:- 1 1 i. i J.r- �'a,li V�� + - J'��q2;,1•;' ::F. �-�,:ytR �� .�i r � .� r, ��'{I � r J. t Y 74 ri v -y 1 a Y 5 y t J .r/y�. •„-�. �t F { z- in C^',r�s--Air�'�w °'�F �-i�• r�x.Psf��f �4a �;r�`t� -1"i' a'r�c� �j3�r jt IT 4 ,A •�i` �-- 'Pill" l r Imo. 1vti E.� w 4 7 `'.. r ,.y ���� /'' � -:, �fah •a' ��!�a e ,t, ..Y . 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Begin by stating your name and address and whether you are speaking for yourself or as the representative of an organization. _ 4. Give the Clerk a copy of your presentation or support documentation if available before speaking. 5. Limit your presentation to three minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard) . •