HomeMy WebLinkAboutMINUTES - 10262004 - D3 TO: BOARD OF SUPERVISORS
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FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR 'f ,.. County
cou
DATE: OCTOBER 26, 2004
SUBJECT: HEARING ON COUNTY PLANNING COMMISSION RECOMMENDATION ON A
REQUEST TO REZONE PROPERTY FROM GENERAL AGRICULTURAL (A-2) TO
SINGLE FAMILY RESIDENTIAL (11=40), AT 999 NORTH GATE ROAD IN THE
WALNUT CREEK AREA, COUNTY FILE #RZ033136, JAMES AND JEANIE LINK
(APPLICANTS & OWNERS). (DISTRICT III)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. OPEN the public hearing, receive testimony and CLOSE the hearing.
2. FIND for purposes of compliance with the California Environmental Quality Act that
the Negative Declaration prepared for this project is adequate and ADOPT the same.
3. FIND that the proposed rezoning from A-2 to R-40 is consistent with the General
Plan.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
E(S):
ACTION OF BOARD ONA PPROVEDc2QVY
AS RECOMMENDED ,vi_
VO E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
T
UNANIMOUS(ABSENT/202g.* 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: Candida Wensley(925)335-7204 ATTESTED �.� �� -!2Z
JOHN SWEETEN, CLERK OF THE BOARD OF
cc:James&Jeanie Link SUPERVISORS AND COUNTY ADMINISTRATOR
City of Walnut Creek
RZ033136
BY _,DEPUTY
October 26, 2004
Board of Supervisors
File#RZ033136
Page 2
4. ADOPT the findings of the County Planning Commission, as contained in Resolution
No. 25-2004, to rezone 4.38 acres from General Agricultural (A-2) to Single Family
Residential (R-40)
5. ADOPT the findings contained in the County Planning Commission Resolution No.
25-2004 as the basis for the Board's action.
6. INTRODUCE the ordinance giving effect to the aforesaid rezoning; waive reading
and set date for adoption.
7. DIRECT the Community Development Department to post a Notice of Determination
with the County Clerk.
FISCAL IMPACT: None. The applicant is responsible for the cost of processing the
rezoning request.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The site is addressed 999 North Gate Road and is located on the west side of the street,
approximately one mile from its' intersection with Bertram Street. The applicant is seeking
to subdivide a 4.38-acre parcel into three parcels. The land use district for this property is
designated as Single Family Residential Very Low Density (0-1.0 dwelling units per net
acre.), in the North Gate Specific Plan and the County General Plan. Rezoning this
property to R-40 will bring the zoning into conformance with the existing land use category.
The site contains an existing single-family home, riding arena and an RV storage unit.
County Planning Commission Hearing
After determining that the proposed applications were reasonable, staff supported the
granting of the application, including conditional approval of the subdivision. Condition #4
makes the approval of the subdivision contingent on the approval of the proposed rezoning
by the Board of Supervisors. The County Planning Commission heard the proposed
rezoning and minor subdivision on June 22, 2004. There was no opposition to the proposal
at the public hearing and the Commission approved the vesting tentative map and adopted
a motion recommending that the Board adopt the proposed rezoning. The vote for this
action was unanimous.
Following the Commission action, no appeals were filed; therefore the Commission decision
on the subdivision is final. The only matter that is before the Board is action on the
proposed rezoning. Staff recommends that the Board of Supervisors approve the proposed
rezoning,
October 26, 2004
Board of Supervisors
File#RZ033136
Page 3
City of Walnut Creek Recommendation
Throughout the processing of this project, County Staff worked closely with planning staff
from the City of Walnut Creek. The City read the staff report for the project and concluded
that recommendations and conditions are acceptable to the City.
Consequence of Inaction or Denial of Proposed Rezoning by-the Board
In the event that the Board denies the request, the General Agriculture (A-2) zoning would
remain. The County Planning Commission approved the vesting tentative map for three
parcels contingent upon the Board's approval of the rezoning. If the site is not rezoned, the
applicant will not be able to exercise the tentative map approval.
RESOLUTION NO. 25-2004
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF
CONTRA COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND
RECOMMENDATION OF THE REQUESTED CHANGE IN ZONING BY JAMES AND
JEANIE LINK (APPLICANTS AND OWNERS), IN THE ORDINANCE CODE
SECTION PERTAINNG TO THE PRECISE ZONING AND APPROVING PROPOSED
VESTING TENTATIVE MAPS, FOR THE WALNUT CREEK AREA OF SAID
COUNTY.
WHEREAS, a request by James and Jeanie Link (Applicants and Owners)to rezone 4.38
acres from General Agricultural (A-2) to Single Family Residential (R-40) (County File#RZ03-
3136), and to concurrently file for vesting tentative map approval (County File#MS030036)to
subdivide 4.3 8 acres into three parcels for which an application was received by the Community
Development Department on October 29, 2003, County Files RZ033136 and MS030036
respectively; and
WHEREAS, for purposes of compliance with the provisions of the California
Environmental Quality Act and the State and County CEQA Guidelines, a Negative Declaration
was prepared and circulated for review and comments between March 22, 2004 and April 26,
2004 and the County Planning Commission adopted the Negative Declaration at their meeting on
June 22, 2004; and
WHEREAS, after notice having been lawfully given, a public hearing was scheduled
before the County Planning Commission on Tuesday June 22, 2004, where all persons interested
therein might appear and be heard; and
WHEREAS, the County Planning Commission accepted public testimony and closed the
public hearing; and
WHEREAS, staff recommended that condition of approval #14 be changed to exclude
trees#40 and 41 and condition of approval #23 be deleted entirely; and
WHEREAS, on Tuesday, June 22,, 2004 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:
I. FINDS that the proposed Negative Declaration is adequate for the purposes of
compliance with the California Environmental Quality Act and adopts same;
2. FINDS that the proposed rezoning to Single Family Residential (R-40)District and
vesting tentative e map are consistent with the General Plan and North Gate Specific
Plan including the Single Family Very Low Density Land Use Designation;
Page 2
3. RECOMMENDS that the Board of Supervisors ADOPT the proposed rezoning of the
site from the General Agricultural(A-2)District to Single Family Residential (R-40)
district;
4. APPROVES the Vesting Tentative Map subject to conditions.
BE IT FURTHER RESOLVED that the Planning Commission FINDS as follows:
A. Rezoning Findings - Section 26-2.1806 requires that the following findings be made
before a property is rezoned;
I. Required Finding: The change proposed substantially complies with the
General Plan.
Proiect Finding: The proposed rezoning would change the zoning on the
property from A-2 to R-40. According to the County General Plan, the R-40
zoning district is consistent with the land use district (Single Family Residential
Very Low Density) assigned to this property.
2. Required Finding: The uses authorized or proposed in the land use district are
compatible within the district and to uses authorized in adjacent districts.
Project Finding: Properties surrounding this parcel are zoned either A-2 or R-
40. The uses proposed in this district are compatible the uses allowed in the A-
2 district.
3. Required Finding: The Community need has been demonstrated for the use
proposed.
Project Finding: The project will allow for higher density housing, thus making
more housing available in the County.
B. Growth Management Element Performance Standards Findings
1. Traffic: The proposed project as proposed will generate approximately one
peak hour trip per residence, totaling two 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: The project is within the service boundary for the Contra Costa Water
District. Prior to filing a parcel map, the applicant will be required to supply a
"will serve" letter from the Water District ensuring that capacity exists to
support the development.
3. Sanitary Sewer: The property is within the sphere of influence of the Central
Contra Costa Sanitary District. The applicant may gain service by annexing to
Page 3
the District and connecting into the existing sewer lines. Prior to filing a parcel
map the applicant will be required to supply a "will serve" letter from the
Sanitary District to ensure that capacity exists to support the development.
4. Fire Protection: The site is in the Contra Costa County Fire Protection District
and must comply with the requirements of the district. The closest fire station
(Station 7) is .7 miles from the property. Therefore, the growth management
standard for fire protection is met.
5. Public Protection: The Growth Management Element Standard is 155 square
fee of Sheriff facility station per 1,000 population. This population increase for
this project will be well below 1000 people, therefore, this standard is met.
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 facilities in the area.
7. Flood Control and Drainage: Compliance with the Public Works Department
drainage requirements is required.
C. Findings for Approval of a Tentative Mai
I. Required Finding: The County Planning Agency shall not approve a tentative
map unless it shall find that the proposed subdivision, together with the
provisions for its design and improvement, is consistent with the applicable
general and specific plans required by law.
Proiect Finding: The project is consistent with both the General Plan and the
North Gate Specific Plan. The density, resulting from the three lot subdivision,
is consistent with the Single Family Residential Very Low Density Land Use
Designation. Conditions have been applied to the subdivision, which make it
consistent with the North Gate Specific Plan.
2. Required Finding: The County Planning Agency shall not approve a tentative
map unless it shall find that the proposed subdivision fulfills construction
requirements.
Project Finding: The project conditions of approval require that the project
comply with the collect and convey regulations and County Private Road
Standards. All new buildings will be required to comply with the requirements
of the Uniform Building Code.
Page 4
AYES: Terrell, Snyder, Battaglia, Clark, Gaddis, Mehlman, Wong
NOES: None
ABSENT: None
ABSTAIN: None
Len Battaglia,
Chair of the County Planning Commission
County of Contra Costa, State of California
ATTEST:
DENNIS M. BARRY, Secreta
County Planning Commission,
County of Contra Costa,
State' of California
FINDINGS MAP
FiitAmIngsMap
R-40
�.
PMI
.. R-40
rn
• • A-2
..... .....
Aw2
R-40 -'
N rhb-
Rezone From A_2 To R--40 Wainut Creek Area
I, LEI taol IQ Chair of the Contra Costa County
mow
Planning Commission,State of California,do hereby certify that this is a true and
correctcopy Paqe N-16 of the County, 's
1978 zonina man
indicating thereon the decision of the Contra Costa County PI anning Commission
in the matter of Jamesand..%Ieanie Link - RZ0331n Z
ATMST:
Secretary of the Conta CmIa CzuV
Pl;?mj-UCommiS'"M'- ,StEde of Cag.
ORDINANCE NO.
(Re-Zoning Land in the
Walnut Creek Nor—Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Page N-16 of the County's 1978 Zoning Map(Ord.No.78-93)is amended by re-zoning
the land in the above area shown shaded on the map(s) attached hereto and incorporated herein
(see also Community Development Department File No. RZ033136 .)
FROM: Land Use District A-2 ( General Agriculture
To: Land Use District R-40 Single Family Residential �
and the Community Development Director shall change the Zoning. Map accordingly, pursuant to
Ordinance Code Sec. 84.2.003.
SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within
15 days of passage shall be published once with the names of supervisors voting for and against it in
the , a newspaper published in this County.
PASSED on by the following vote:
Supervisor AAS No Absent Abstain
1. J. Gioia ( ) ( ) ( ) ( )
2. G.B.Uilkema ( ) ( ) ( ) ( )
3. M. Greenberg ( ) ( ) ( ) ( )
4. M.DeSaulnier ( ) ( ) ( ) ( )
5. F.D.Glover ( ) ( ) ( ) ( )
ATTEST: John Sweeten,County Administrator
and Clerk of the Board of Supervisors
Chairman of the Board
By ,Dep. (SEAL)
ORDINANCE NO.
RZ033136 Link
STAFF REPORT
JUNE 2212004
COUNTY PLANNING COMMISSION
Agenda Item# 3�°�
Community Development Contra Costa County
COUNTY PLANNING COMMISSION
TUESDAY, JUNE 22%2004
I. INTRODUCTION
JAMES AND JEANS LINK (Applicants & Owners), County Files RZ033136
and MS030036: The applicants request the rezoning of 4.38 acres from A-2
(General Agricultural) to R-40 (Single-Family Residential, 40,000 square foot
minimum lot size required). Pursuant to the proposed rezoning, the applicant
requests approval of a Vesting Tentative Map to subdivide approximately4.3 8
acres into three lots. Under the proposed rezoning there will be no variances to
the parcels. The project includes the removal of twenty-five mature trees. The
subject site's address is 999. North Gate Road, in the Walnut Creek area. (A-2)
(ZA:N-16) (CT: 3383.02) (Parcel#138-180-007)
II, RECOMMENDATION
A. Adopt the Negative Declaration
B. Adopt a motion recommending that the Board of Supervisors adopt the
proposed rezoning from General Agricultural (A-2) to Single-Family
Residential(R-40).
C. Approve the vesting tentative map to subdivide the 4.38 acres into three
parcels.
III. GENERAL INFORMATION
A. General Plan: This parcel is designated as Single Family Residential Very
Low Density by the North Gate Specific Plan and the Contra Costa
County General Plan. This designation allows for a density range of 0-1.0
dwelling units per net acre.
B. Zoning: The subject site is currently located in the General Agricultural
District (A-2). The applicant has requested a rezoning to R-40, in order to
40
bring zoning into conformance with the Single Family Residential Very
Low Density Land Use Designation and ultimat e-ly subdivide the property.
The proposal is consistent with the R-40 zoning district,
Ce CE A: A Negative Declaration was posted on March 23, 2004. No
comments were received during the comment period which ended on April
263,2004,
D. Creation of Lot: The existing parcel was created through minor
subdivision 109-67.
E. Re latory Programs:
1. Alquist Priolo Special Studv Zone: The project is located within
an Alquist Priolo Special Study Zone.
2, Flood Hazard Area: The subject site is within flood zone C on
flood pane10315B of the Flood Hazard Maps.
3, 60dBA Noise Control: The subject site is not within a 60dBA
Noise Control Zone.
F. Related Applications:
I LLA 03 0075 — This application was approved on the location of
the lot line adjustment is presented on the vesting tentative map.
2. Variance 04 1040—This variance was required because the lot line
adjustment was done on lots which are substandard for the A-2
zoning district.
IV. AGENCY COMMENTS
A. Public Works Department: Comments and conditions of approval from
the Public Works Department are incorporated into this staff report and
the conditions of approval for the project.
B. California Department of Fish and Game: A representative from the
Department of Fish and Game called the Community Development
Department to inform the Department that the applicant will be required to
obtain a permit from Fish and Game.
C. US Fish and Wildlife: This agency was notified but no comments have
been received.
Do California Historical Resources Information System: When this
application was initially submitted, C.H.R.I.S. commented that an
archaeological study should be prepared for the site. Therefore, a study
was conducted, which concluded that no archaeological resources are
present on site.
E. City of Walnut Creek: Comments from the City of Walnut Creek are
attached.
F. Contra Costa County Fire Protection District: Comments from the District
are attached.
Go Mt. Diablo Unified School District: The District was notified but no
comments have been received.
H. Contra Costa Water District: Comments from the Water District are
attached.
L Central Contra Costa. County Sanitary District: A representative from the
Central Contra Costa. County Sanitary District verbally informed staff that
the applicant may gain service by annexing to the District.
I Local Agency Formation Commission: The agency commented that if
annexation to the Central Contra Costa County Sanitary District or the
Contra Costa Water District is required, the applicant would have to apply
for annexation through LAFCO.
V. SITE/AREA DESCRIPTION
The subject site is a 4.38 acre parcel, which has an existing single family home,
riding arena, and an RV storage unit located on proposed parcels B, A, and C,
respectively. The property is surrounded by single-family homes, located on
parcels varying from approximately one to ten acres in size. Parcel #138-180-
003, which is located south of the subject property, supports a large horse facility.
Walker Creek runs along the western property line of the site. Vegetation is
predominantly composed of old orchard trees, native oaks and other riparian
species, which provide a canopy over Walker Creek. While most of the parcels
surrounding the site are zoned A-2, all of those parcels, like this one, are actually
designated as Single Family Residential Very Low Density, in the North Gate
Specific Plan.
VI, PROPOSED PROJECT
The applicant is proposing to rezone the subject property from A-2 (General
Agricultural) to R-40 (Single Family Residential) and subdivide the lot into three
parcels, which will have net areas of 53,137; 62,361; and 61,823 square feet. The
existing home is proposed to remain and two new residences will be built on
parcels A and C. Roadway access will be gained via a private road, directly off
of North Gate Road. In order to accommodate the new road and homes, the
applicant is proposing to remove 22 trees.
VII. ROAD AND DRAINAGE CONSIDERATIONS
The applicant proposes to widen the existing driveway from Northgate Road
(including off-site portions) to a 20-foot pavement width and extending the road
northerly to serve all of the proposed parcels. A turnaround is proposed at the end
of the road. This road should be constructed to County Private Road Standards It
is outside the State responsibility area for fire protection, thus the rural roadway
standards are not applicable.
Drainage from the project must be collected and conveyed in an adequate storm
drain system to a natural watercourse or adequate man-made facilities. The
applicant proposes several small outfall structures into Walker Creek as a means
of addressing the drainage requirements of the Ordinance Code. It would be
preferable to combine the storm drains where feasible to minimize the outfalls and
related disturbance of riparian habitat. Note that the State Department of Fish and
Game, and possibly other regulatory agencies, will be reviewing these outfalls
and any other disturbance in the creek areas and may require modifications to the
outfalls as shown on the tentative map, and possible mitigation.
The Flood Control District has noted that a portion of the proposed private road
traversing Parcel C, as well as 6 ff-site, encroaches into this structure setback area.
We recognize that the proposed road follows the existing driveway alignment, and
that the applicant may not have any options over the off-site alignment of the
road. Furthermore, relocating the roadway further away from the creek may
require significantly more grading and tree removal. In light of these conditions,
the applicant may be allowed to have the roadway encroach into the creek
structure setback provided they provide geotechnical evidence that the creek bank
in this area is stable enough such that the road won't be in jeopardy from future
bank erosion. If the banks are subject to erosion,,, proper structural measures must
be incorporated into the roadway design to assure its future stability,,
VIII. STAFF CONSIDERATIONS
A. Rezoning: The rezoning request is to change the zoning from an
agricultural zoning district (A-2), which allows for minimum parcel size
of five acres, to a single-family residential zoning district (R-40), which
allows for a minimum parcel size of 40,000 square feet. The property is
governed by the North Gate Specific Plan, which was adopted by the
Board of Supervisors on June 25, 1991. The purpose of the specific plan
is to provide development standards for the North Gate Area, which take
into consideration the unique characteristics of the North Gate Area.
Under the North Gate Specific Plan, this property has a land use
designation of Single Family Residential Very Low Density. This land
use designation allows for a density of 0-1.0 dwelling units per acre. The
proposed R-40 zoning district is consistent with the Single Family
Residential Very Low Land Use Designation.
B. Subdivision: The proposed subdivision would have a density.91 dwelling
units per net acre. This density is consistent with the Single Family
Residential Very Low Density land use designation for the property.
C. The North Gate Specific Plan: The North Gate Specific Plan, adopted by
the County Board of Supervisors in 1991, is the planning document which
guides development in the North Gate Area. The Specific Plan, is the
-result of a joint planning effort between the City of Walnut Creek and
Contra Costa County. The basis for preparing this plan stems from a
Memorandum of Understanding between these two jurisdictions. In the
Memorandum of understanding, the City and County agreed to prepare a
Specific Plan which has led to the creation of new policies and regulations
for the preservation and future development of the North Gate area..
The specific plan was written in order to provide very detailed policies,
pertinent to the semi-rural character of the North Gate area, where
equestrian facilities frequently abut parcels which have single family
homes on them. A common concern in the plan involves the protection of
equestrian facilities. The plan requires achievement of this through the use
of buffers between equestrian and non-equestrian uses. (See policy 6 on
page 7 of the North Gate Specific Plan). Staff has applied a condition of
approval, which requires 30' buffer between the subject property and an
adjacent property, which houses a horse facility. Furthermore, staff is
applying a condition which requires deed notification to future property
owners that they are in an agricultural area. (See condition#24.) The plan
also includes policies which limit the height on new homes to 25 feet.
Condition #22 has been applied to project, in order to insure that this
policy is met.
D. Tree Impact: The arborist's report for the project proposes. the. removal
of twenty-two trees. The majority of the trees are part of an old walnut
orchard, which was established by grafting English Walnuts onto Black
Walnut rootstock. The remainder of the trees cited for removal are valley
oak, almond, apple, and pear trees.
Although the County presently has a Tree Ordinance,when the North Gate
Specific Plan was written the County did not have a tree protection
ordinance. Therefore, the policies of the specific plan required the County
to adopt the provisions of the City of Walnut Creek's Tree Ordinance.
Staff has reviewed the current tree preservation ordinance for the City of
Walnut Creek and has compared it to the existing County Tree Protection
Ordinance. When staff compared the two ordinances it was found that all
but one tree protected under the City's Ordinance would also be protected
under the County's Ordinance.
Both ordinances have provisions for removal of protected trees for a
number of reasons. Two of those reasons, pertinent to this project, are; if
the report indicates the tree is in poor health and cannot be saved or if
saving the tree would "reduce the feasibility of the development". The
arborist's report rates the health of all protected trees on a scale of 1-5, 1
being dead and 5 being in excellent health. Ten of the twenty-two trees
cited for removal are rated as -a 2 (in poor health) or below. Therefore
staff believes there is justification to remove these trees because of their
condition. The report recommends removal of the additional twelve trees
either because of health reasons or because the tree is located within the
proposed roadway or construction area. In accordance with both tree
ordinances, this subdivision would be infeasible if the applicant was
required to preserve the trees located within the proposed roadway.
While staff agrees with the majority of the arborist's assessment, staff
believes that trees#11,14, 930 21 1,41, and 40 could be saved, even with the
development of this property. Therefore, staff is recommending a
condition of approval that these trees be preserved.
Es Alquist Priolo Special Stud Zone: This property is located within an
Alquist Priolo Special Study Zone. The Alquist Priolo Special Study
Zones were established to prevent the construction of buildings used for
human occupancy on the surface trace of active faults. As a part of this
application, the applicant was required to provide the County with a
geologic investigation report. The purpose of this investigation was to
determine if a fault existed on site. The report concludes that active
faulting was not observed and that there is a very low probability that fault
offset could occur in the vicinity of the home sites. The County Geologist
reviewed the report and found it to be adequate but recommended that
three geologic conditions be applied to the project. Staff has included
these conditions in the approval for the project.
IX 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 A-2 to R-40.
Ce Approve the Vesting Tentative Map for Minor Subdivision (MS030036)
subject to conditions including that the approval is contingent on adoption
of the requested rezoning to R-40 by the Board of Supervisors.
CW/dIs
GACurrent Pla g\cuff-plan\Staff Reports\MS030036 sr.doc
FINDINGS AND CONDITIONS OF APPROVAL FOR RZ03-3136 AND MINOR
SUBDIVISION MS030036,IN THE NORTH GATE AREA
Findings
A. Rezoning Findings - Section 26-2.1806 requires that the findingsflowing be made
before a property is rezoned,
1 The change proposed substantially complies with the General Plan.
2. The uses authorized or proposed in the land use district are compatible with-
in the district and to uses authorized in adjacent districts.
3. The Community need has been demonstrated for the use proposed.
B. Tentative Map Subdivision Findings-Section 94.12.806 of the County Code reguires
the followingfinding prior to the approval of a tentative map:
I The proposed subdivision, together with the provisions for its 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 two 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: The project is within the service boundary for the .Contra Costa
Water District. Prior to filing a parcel map,the applicant will be required to
supply a "will serve" letter from the Water District ensuring that capacity
exists to support the development.
3. Sanitary Sewer: The property is within the sphere of influence of the
Central Contra Costa County Sanitary District. The applicant may gain
service by annexing to the District and connecting into the existing sewer
lines. Prior to filing a parcel map the applicant will be required to supply a
"will serve" letter from the Sanitary District to ensure that capacity exists to
support the development.
4. Fire Protection: The site is in the Contra Costa County Fire Protection
District and must comply with the requirements of the district. The closest
fire station (Station 7) is .7 miles from the property. Therefore, the growth
management standard for fire protection is met.
5. Public Protection: The Growth Management Element Standard is 155
square fee of Sheriff facility station per 1,000 population. This population
increase for this project will be well below 1000 people, therefore, this
standard is met.
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 facilities in the area.
7. Flood Control and Drainage: Compliance with the Public Works
Department drainage requirements is required.
CONDITIONS OF APPROVAL MS030036 AND RZ033136
Administrative
1. This approval is based upon the following received by the
Community Development Department;
A. Preliminary geologic reconnaissance report, prepared by
Adobe Geotech, dated December 30,2004.
B. Fault hazard report, prepared by Adobe Geotech, dated
February 20,2004.
C. Two certified arborist reports, prepared by Traverso Tree
Service,dated February 23,2004 and December 30,2003.
D. Revised Vesting Tentative Map, dated received by the Contra
Costa County Community Development Department on
February 12,2004.
Street Names
2. At least 30 days prior to filing the [Parcel] [Final] Map, proposed
street names (public and private) shall be submitted for review by
the Community Development Department, Graphics Section
(Phone #335-1270). Alternate street names should be submitted.
The Parcel Map cannot be certified by the Community Develop-
ment Department without the approved street names.
Police Service/Crime Prevention
3, Police Services Mitigation: The following requirements shall be
0
met prior to filing a Parcel Map or issuance of a building permit as
specified below:
2
A. Prior to filing a Parcel Map, the applicant shall submit two
copies of a proposed disclosure statement for the review
and approval of the Zoning Administrator. The approved
statement shall be used to notify prospective buyers of
parcels which are not occupied by existing legally-
established residences at time of filing the tentative map
application. The disclosure statement shall advise
prospective buyers of affected parcels that prior to issuance
of a building permit, they will be required to contribute to
the County $1,000-00 for police services mitigation. The
fee may be paid to the Contra Costa County Application &
Permit Center.
B. Prior to issuance of a building permit on any parcel that is
not occupied by a legal residence, the applicant shall
contribute $1,,000.00 to the County for police services
mitigation. The fee shall be paid to the Contra Costa
County Application&Permit Center.
Rezoning Required
4. The subdivision approval is contingent upon approval of the
rezoning from A-2 to R-40 by the Board of Supervisors. If the site
is not rezoned,,this approval shall be null and void.
Lot Line Adjustment Required
5. Prior to recording the parcel map, the applicant shall submit proof
that the lot line adjustment(LLA 03-0075)has been recorded.
Archaeology
6. Should archaeological materials be uncovered during grading,
trenching or other onsite excavations), earthwork within 30 yards
of these material shall be stopped until a professional archaeologist
who is certified by the Society of Professional Archaeology
(SOPA) has had an opportunity to evaluate the significance of the
find and suggests appropriate mitigation(s), if deemed necessary.
Conditions Regarding Utilities
7. A"will-serve letter"from the Central Contra Costa.County
Sanitary District shall be submitted to the Zoning Administrator
prior to recording the parcel map.
3
8. A "will-serve" letter from the Contra Costa Water District shall be
submitted to the Zoning Administrator prior to recording the parcel
map.
Geological Constraints
9, Prior to issuance of building permits for any structures for human
occupancy, submit evidence, for the review and approval of the
Zoning Administrator, that the project geologist has reviewed the
site plan and determined that the existing Alquist-Priolo report is
adequate for the proposed building; or that supplemental geologic
exploration has been performed and the residences were found to
achieve an adequate fault setback,
10* The applicant shall record a statement to run with the deeds for
each lot acknowledging the approved Alquist-Priolo Hazard
Report and geologic reconnaissance report; calling attention to the
location of the site in an Earthquake Fault Zone and to the
recommendations of Adobe Geotech and an explanation of risks.
Ito Prior to issuance of grading or building pen-nits, submit a
geotechnical report for each building permit application for a
residence. The required report shall evaluate expansive soil
conditions and test the corrosivity of soils, along with providing
recommendations for grading, drainage and foundation. It shall
also review building and grading plans for compliance with the
intent of the geotechnical report and outline the specific
monitoring duties of the geotechnical engineer during buildout of
the project.
Construction Conditions
12, Contractor and/or developer shall comply with the following
construction,noise, dust and litter control requirements:
A. All construction activities shall be limited to the hours of
7:30 A.M. to 5:00 P.M.,Monday through Friday, and shall be
prohibited on Saturdays and Sundays as well as State and
Federal holidays.
B. The project sponsor shall require their contractors and
subcontractors to fit all internal combustion engines with
mufflers which are in good condition and shall locate
stationary noise-generating equipment such as air
compressors and concrete pumpers as far away from existing
residences as possible.
4
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 individuals re-
sponsible for noise and litter control,,tree protection,,
construction traffic and vehicles, erosion control, and the 24-
hour emergency number, shall be expressly identified in the
notice. The notice shall be re-issued with each phase of
major grading and construction activity.
A copy of the notice shall be concurrently transmitted to the
Community Development Department. The notice shall be
accompanied by a list of the names and addresses of the
property owners noticed, and a map identifying the area
noticed.
D. A dust and litter control program shall be submitted for the
review and approval of the Zoning Administrator. Any
violation of the approved program or applicable ordinances
shall require an immediate work stoppage. Construction
work shall not be allowed to resume until, if necessary, an
appropriate construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows. Prior
to issuance of building permits,the proposed roads serving
this development shall be constructed to provide access to
each lot. 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 weekdays between the hours of 9:00 AM and 4:00 PM and
prohibited on Federal and State holidays.
G. The site shall be maintained in an orderly fashion. Following
the cessation of construction activity, all construction debris
shall be removed from the site.
5
Indemnification
13. 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 proceedings against the Agency(the County)or its
agents, officers,or employees 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,
Tree Removal and Preservation
14. Except as otherwise specified,, development shall be in accord with
the recommendations of the arborist's report. All grading, site and
development plans shall clearly indicate trees proposed for
removal, altered or otherwise affected by development
construction. The tree information on grading and development
plans shall indicate the number, size, species, assigned tree
number corresponding to the arborist report discussion, and
location of the drip line of all trees on the property.
Trees#113% 14, 9,2, 1,41, and 40 shall be preserved.
Required Restitution for Approved Tree Removal
150 The following measures are intended to provide restitution for the
trees that have been approved for removal.
A. Tree Restitution Planting2lpigation Plan — Prior to issuance
of a grading permit or building permit, the applicant shall
submit a tree planting and irrigation plan prepared by a
licensed arborist or landscape architect for the review and
approval of the Zoning Administrator. The plan shall
provide for the planting of at least 27 native trees, minimum
15 gallons in size. The consulting arborist shall recommend
the particular species of trees. The plan shall be
accompanied by an estimate prepared by a licensed landscape
architect or arborist of the materials and labor costs to
complete the improvements on the plan
B. Required Security to Assure the Completion of Plan
Improvements — Prior to issuance of a grading permit or
6
building permit, the applicant shall submit a security (e.g.,
bond, cash deposit) that is acceptable to the Zoning
Administrator. The bond shall include the amount of the
approved cost estimate,plus a 20% inflation surcharge. Until
evidence is submitted that the applicant has satisfactorily
installed the required improvements, the County may hold
the security for up,to a year following the installation of the
trees.
C. Initial Fee Deposit for Processing a Securily — The County
ordinance requires that the applicant pay fees for all time and
material costs of staff for processing a landscape
improvement security(Code S-060B).
Prior to seeking finalization of the building or grading
permit, the applicant's arborist shall verify if the replacement
trees have been properly planted and when verified notify the
Community Development Department in writing.
Contingency Restitution Should Altered Trees Be Damaged
16, Trees to be Preserved but Altered - Pursuant to the conclusions of
the arborist's report, proposed improvements within the root zone
of trees noted on the site plan to be preserved have been
determined to be feasible and still allow for preservation provided
that the recommendations of the arborist are followed.
Pursuant to the requirements of Section 816-6.1204 of the Tree
Protection and Preservation Ordinance, to address the possibility
that construction 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 construction activity. This
security shall be provided prior to the applicant receiving building
permits for the property and it shall be based on:
A. Extent of Possible Restitution Improvements - The planting
of up to 15 native 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:
7
• Preparation of a landscape/irrigation plan by a licensed
landscape architect or arborist;
• 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 It inflation ress 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$500 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
41
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.
At least 18 months following the completion of work
within the drip line of trees, the applicant's arborist shall
inspect the trees for any significant damage from
construction activity, and submit a report on his/her
conclusions on the health of the trees and, if appropriate,
any recommendations including further methods required
for tree protection to the Community Development
Department.
Construction Period Restrictions
17. Site Preparation — Prior to obtaining building or grading permits,
the applicant shall submit an arborist's report, for review and
approval of the Zoning Administrator, which confirms that the pre-
construction treatments and recommendations within the arborist's
8
report have been completed. Construction plans shall stipulate on
their face where temporary fencing intended to protect trees is to
be placed, and that the required fencing shall be installed prior to
the commencement of any demolition or construction activity.
18. Prohibition of Parking — No parking or storing vehicles,
equipment, machinery or construction material, construction
trailers and no dumping of oils or chemicals shall be permitted
within the drip line of any tree to be saved.
19. Construction Tree Damage—The development's property owner or
developer shall notify the Community Development Department of
any damage that occurs to any tree during the construction process.
20. Arborist's Expense — The expenses associated with all required
arborist services shall be borne by the developer and/or property
owner.
Conditions to Make Project Consistent with North Gate Specific Plan
21. Prior to obtaining building permits for new residences and
additions to existing residences, the builder shall supply house
plans to the Community Development Department for review and
approval of the Zoning Administrator.
22. New residences on Parcel 'C" shall have an increased setback of
thirty feet from the property lines shown in exhibit "A". This
restriction shall be noted on the parcel map and provided as a deed
disclosure to future buyers of Parcel 'C'. The deed language shall
be subject to the review and approval of the Zoning Administrator,
prior to recording the parcel map. (Condition applied to meet
Policy 6 on page 7 of the North Gate Specific Plan,, which
addresses buffers between residential and agricultural uses.)
23. All new homes shall have no more than two stories and be no
higher than 25 feet in height. Non-residential structures shall
comply with the height limits specified in the R-40 zoning district.
This restriction shall be noted on the parcel map and provided as a
deed disclosure to future buyers of the parcels. The deed language
shall be subject to the review and approval of the Zoning
Administrator, prior to recording the parcel map. (Condition
applied to meet Development Regulations, page 18 of the North
Gate Specific Plan.)
24. Prior to recording the parcel map, the applicant shall submit a
creek preservation and enhancement plan, for review and approval
9
of the Zoning Administrator, which outlines the methods of
protecting and enhancing Walker Creek during and after
construction. The plan shall include a program for revegetation of
the creek with native riparian vegetation from local seed stock.
(Condition applied to meet Creek Setbacks, page 19 of the North
Gate Specific Plan.)
In designing the creek preservation plan, the applicant shall
attempt to create a drainage system, which includes only one
outfall,, instead of the three which are proposed on the vesting
tentative map.
The creek preservation plan shall be accompanied by a labor and
materials estimate for the planting and irrigation. Prior to
recording the parcel map, the applicant shall submit a bond or cash
deposit for and amount equal to the estimate,,plus a twenty percent
surcharge to cover inflation. The creek preservation plan shall be
implemented prior to the issuance of the first building pen-nit for
the subdivision.
25, The following statement shall be recorded at the County
Recorder's Office for each parcel to notify future owners of the
lots that they own property in an agricultural area.
"This document shall serve as notification that you have
purchased land in an agricultural/equestrian area where you
may regularly find: farm equipment or equestrians using
local roads; farm equipment causing dust; burning associated
with agricultural activities; noise associated with farm
equipment; and impacts associated with equestrian facilities,
including but not limited to,, flies and manure. This statement
is, again, notification that this is part of the
agricultural/equestrian way of life in the North Gate Area of
Contra Costa County and you should be fully aware of this at
the time of the purchase"
(Condition applied to meet "Protection of Property Rights",
page 19 of the North Gate Specific Plan.)
Lot Line Adjustment
26. Prior to recording the parcel map, the applicant shall provide proof,
for the review and approval of the Zoning Administrator that Lot
Line Adjustment#03-0075 has been recorded.
10
Permit Compliance Report and Processing Fee
27, Prior to approval of a final map, the applicant shall provide a
permit compliance report to the Community Development
Department of the review and approval of the Zoning
Administrator. The report shall identify all conditions of approval
that are administrated by the Community Development
Department. The report shall document the measures taken by the
applicant to satisfy all the relevant conditions. Copies of the
permit conditions may be obtained on a computer file from the
Community Development Department by contacting the project
manager.
28. The permit compliance review is subject to staff time and material
40
charges, with an initial deposit of $1,000 for a this minor
subdivision/rezoning, which shall be paid at time of submittal of
the compliance report. Checks may be made payable to the
County of Contra Costa..
Fees
29. This application is subject to an initial application fee of$8283.00
which was paid with the application submittal, plus time and
material costs if the application review expenses exceed 100% of
the initial fee. Any additional fee due must be paid within 60 days
of the permit effective date or prior to use of the permit whichever
occurs first. The fees include costs through permit issuance plus
five working days for file preparation. Current costs may be
obtained by contacting the project planner. If the applicant owes
additional fees, a bill will be sent to the applicant shortly after
permit issuance.
CONDITIONS ADMINISTERED BY THE PUBLIC WORKS DEPARTMENT
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
RECORDATION OF THE PARCEL MAP
General Requirements
30. 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 received February 12,2004.
31. Improvement plans prepared by a registered civil engineer shall be submitted to
the Public Works Department, Engineering Services Division, along with review
and inspection fees, and security for all improvements required by the Ordinance
Code for the conditions of approval of this subdivision. Theseplans shall include
any necessary traffic signage and striping plans for review btheTransportation
of
Engineering Division.
Private Road Improvements
32. Applicant shall construct to County private road standards, a 20-foot paved
private roadway within a 25-foot easement, to serve all of the parcels of this
subdivision. The minimum gradient for said private roads is I%.
Sight Distance
33, Provide sight distance at the private road intersections with Northgate Road for a
through traffic design speed of 30 mph. This may require trimming vegetation to
the north and relocating mailboxes to the south.
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 roadway.
Utilities/Undergrounding
35* All new and existing utility distribution facilities shall be installed underground.
Access to Adjoining Property
Proof of Access
36, Applicant shall furnish 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.
37. Applicant shall obtain an encroachment permit from the Application and Permit
Center, if necessary, for installation of improvements within the right of way of
Northgate Road.
12
Annexation to County Service Area L-100
38. 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
current LAFCO fees. Annexation shall occur prior to filing of the Parcel Map.
The applicant shall be aware that this annexation process must comply with State
Proposition 218 requirements that state that the property owner must hold a
special election to approve annexation. This process takes approximately 4 to 6
months to complete
Drainage Improvements
Collect and Convey
39, The applicant shall collect and convey all storm water entering and/or originating
on this property 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 which conveys the storm waters to a
natural watercourse, in accordance with Division 914 of the Ordinance Code.
40, 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.
Creek Structure Setback
41, Applicant shall relinquish"development rights"over that portion of the site that is
within the structure setback area of the creek along the north property line. The
structure setback area shall be determined using the criteria outlined in Chapter
914-14,, "Rights of Way and Setbacks" of the Subdivision Ordinance.
"Development rights" shall be conveyed to the County by grant deed.
The proposed private road may be allowed to encroach into the structure setback
area subject to the review of Public Works and review and approval of the Zoning
Administrator, based on a hydrology and hydraulic study and geotechnical
analysis of the soil which shows that the creek banks will be stable and non-
erosive with the anticipated creek flows. The hydrology and hydraulic study must
be based upon the ultimate development of the watershed. Should the analysis
indicate that future erosion is likely, the roadway design shall incorporate
corrective actions as deemed necessary to assure future stability.
National Pollutant Discharge Elimination System(NPDES)Requirements
42, The applicant shall comply with the County's Storm Water Management and
Discharge Control Ordinance (Ord. # 96-21) and all rules, regulations and
procedure of the National Pollutant Discharge Elimination System (NPDES) for
13
municipal, construction and industrial activities as promulgated by the California
State Water Resources Control Board, or the San Francisco Bay Regional Water
Quality Control Board.
A "Best Management Practices" (BMP) plan shall be developed in conjunction
with a Storm Water Pollution Prevention Plan and submitted for review and
approval by the Public Works Department and Grading Section of the Building
Inspection Department.
BMPs to be considered shall include,but not be limited to:
• Provide educational materials to new homebuyers.
• Stencil advisory warnings on all catch basins
• Slope pavements to sheet flow onto planted surfaces.
• 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
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS
OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF
APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF
INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE
REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
i. The applicant/owner should be aware of the expiration dates and renewing
requirements prior to recording the Parcel Map or requesting a building or
grading permit.
ii. Comply with the requirements of the Contra Costa County Fire Protection
District.)
iii. Comply with the requirements of the Contra Costa County Central Sanitary
District.
iv. Comply with the requirements of the Building Inspection Department. Building
permits are required prior to the construction of most structures. An estimate of
the fee charges for each approved lot maybe obtained by contacting the
Building Inspection Department at 335-1192.
14
V. The applicant shall be required to comply with all rules,regulations and
procedures of the National Pollutant Discharge Elimination System(NPDES)
permit 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 Regional III or Central
Valley-Region V).
vi. This-project is subject to the development fees in effect under County
Ordinance as of May 9,2003,the date the Vesting Tentative Map application
was accepted as complete by the Community Development Department. These
fees are in addition to any other development fees,which maybe specified in
the conditions of approval.
The fees include but are not limited to the following:
Park Dedication $2,000.00 per residence
Child Care $ 400.00 per residence
vii. 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.
viii. 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.
ix. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the
Central County Area of Benefit as adopted by the Board of Supervisors. This
fee must be paid prior to issuance of building permits.
CW/dIs
G:\Current Planningkurr-plan\Staff Reports\MS030036 coa.doc
15
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CONTRA COSTA COUNTY
. D V r T DEPAII MENT
TO BE COMPLEI D BY APPL1CMT/0VMR
"PLICAPT ONVNIER
Name.---- Name.
Addre C;i a� 11-te r-I k"I K?ze Address
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City,,State (I-±
Phone 9ra :TomI 9Zip9C�5�!1111L- Zip
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By sing below,applicant agrees to pay all costs for processing By sing below,the owner agrees to pay all costs,including any
this application,plus any accrued interest,if costs not paid within 30 accrued interest,if costs are not paid by the applicant.
i in voicing. billingsdays 0 0 Check here if are to be sent to applicant rather than
ovvner.
Applicant's Signature Owner's Signature
CONTACT PERSON tional) PROJI&CT DATA
Name Total Parcel Size
Address Number of Parcels/Units
City,State Proposed Parcel Sizes
Phone zip Average Lot Widths
Nature of Request: (Attach supplemental statement if necessary)
OACE FTSE ONLY ��
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Application Description.
Ill 11:S I on 0 1: C i� i�)
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Property Description:
Type of Fee* AMOUNT* s-CODE Assessor's NO.
� �� � � �' A �.
AreaGiv6.-Pi f9a t; �v Ld e, *Base Fee/Deposit $4s8OO.00 S-034
Site Address :D &1�1.61cx-qe /.2.1
.�
Fire Dist. go-2a
j-S #Lots x 300 X,� S-034iLA'
Zoning District
Sphere of Influence Notification Fee S--052D
#Addmsus x S).50+S30
Census Tract
Flood Zone L
Fish&Game Posting $ 50.00 S-048 Atlas Pae �
Panel No. (If not CEQA exempt)
General Plan �� �'''
x-Tef Files Environmental Health S 33.00 5884
-:�., Supervisoral Dist. _.
Other)
Rec'd by
TOTAL
Concurrent Files:
I is r
L U! $
-2
Date Filed
Receipt#
Other
*Additional feeslaASED ON TIME AND MATEMALS
File Number 7
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WILL BE CHARGED A"ER STAFF COSTS EXCEED BASE FEE .3
1z(2/16/99) INSTRUCTIONS ON REVERSE SIDE
17.XF1 IS3pp.frill
C I T Y ,. O F54
WALNUT
CR E]bjcKber 23,2003
Candi Wensley
Planner
Contra Costa County Community Development Department
651 Pine Street
4'hFloor,North Wing
Martinez,CA 94553
Dear Ms.Wensley:
Re: County File #RZ03-3136, MS 03-0036—999 North Gate Road
Thank you for the opportunity to review the above referenced project that is located within the
North Gate Specific Plan area. I have reviewed the information provided and considered its
consistency with the North Gate Specific Plan. Generally,the proposal appears to be consistent
with the Single Family Low Density land use designation.
According to Figure 2 of the Specific Plan(Environmentally Sensitive Areas in North Gate)an
unnamed creek forms the northern and eastern boundary of the subject parcel. The location of the
creek and the required 50-foot setback(page 19 of the Specific Plan)should be shown on the
plans. In addition,the Specific Plan requires the applicants submit a creek preservation and
enhancement plan which outlines the methods of protecting and enhancing this resource.
Please note that,according to the Specific Plan,tree preservation shall be consistent with the
provisions of the City of Walnut Creek's tree preservation ordinance(copy enclosed). An
arborists report should be prepared including information on the species, size,and dripline
locations for all trees as well as an evaluation of the trees,and recommendations for tree
preservation. No trees may be approved for removal unless the findings of the ordinance can be
made.
Thank you for the opportunity to review this project. If you have any questions or comments,
please contact me at(925)943-5899 x.213,or stern(&,walnut-creek.org
Cordially
i we Stern
Senior Planner
Enc.
C. James Link
999 North Gate Road
Walnut Creek CA 94598
Post Office Box 8039, 1666 North Main Street,Walnut Creek,CA 94596
tel 925.943.5800 www.ci.walnut-creek.ca.us
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CfA OF COMMUNITY OEVELOPMEN .231.8 .4-12.
Coun s art of the set of maps constituting the
ty,ca�rtily that they man S�
Ailed!} f tiervitcc�is (Ordinance Code StcEic►n Rd•2.00? .
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GENERAL PLAN
AND
ZONING MAPS
APN 138ml 80mOO7
Feet
N
0 165 330 660
Map created 5/3/2003 This map was created by the Contra Costa County Community Development
by Contra Costa County Community Development,GIS Group Department with data from the Contra Costa County GIS Program. This map contains
651 Pine Street,4th Floor—North Wing,Martinez,CA 94553-0095 copyrighted information and may not be altered. It may be reproduced in its current state
37:59:48.455N 122:06:35.384W if the source is cited.Users of this map agree to read and accept the County of Contra Costa
disclaimer of liability for geographic information.
APN 138mi 80MOO7
{
Feet
N
0 165 330 660
Map created 5/3/2003 This map was created by the Contra Costa County Community Development
by Contra Costa County Community Development,GIS Group Department with data from the Contra Costa County GIS Program. This map contains
651 Pine Street,4th Floor—North Wing,Martinez,CA 94553-0095 copyrighted information and may not be altered. It may be reproduced in its current state
37:59:48.455N 122:06:35.384W if the source is cited.Users of this map agree to read and accept the County of Contra Costa
disclaimer of liability for geographic information.
.._.. �r
NMI
NOTIFICATION LIST
APN 138-120-001-1 APN 138-770-005-1 APN 138-170-007-7
ONEILL WILFRED TRE MARION E TRE CUNNINGHAM CCC FLOOD CONTROL DISTRICT
226 PASO NOGAL 1147 N GATE RD 255 GLACIER DR
PLEASANT HILL CA 94523 WALNUT CREEK CA 94598 MARTINEZ CA 94553
APN 138-170-010-1 APN 138=170=011=9 APN 138=170=012=7
ASHLEY V PARTNERS ASHLEY V PARTNERS ASHLEY V PARTNERS
2703 RIDGEVIEW LN 2703 RIDGEVIEW LN 2703 RIDGEVIEW LN
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 WALNUT CREEK CA 94598
APN 138=170=013w5 APN 138-780-002-6 APN 138-180-003.4
ASHLEY V PARTNERS NELDA F CHAMPION PLANER DONALD E JR
2703 RIDGEVIEW LN 1125 N GATE RD 1101 N GATE RD
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 WALNUT CREEK CA 94598
APN 138=180=006=7 APN 138=180=007=5 APN 138=190=005=7
BAKER JR VIRGIL A JAMES D & JEANIE TRE LINK RAYMOND D BOYER
1077 N GATE RD 999 N GATE RD 1325 LA CRESCENTIA DR
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 CHULA VISTA CA 91910
APN 138-190-006-5 APN 138-190-007-3 APN 138-190-010-7
MICHAEL G &VICTORIA E
FARRELL RITA DHILLON RICHARD JR & ETTY FAIRCLOUGF
909 N GATE RD 925 N GATE RD 957 N GATE RD
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 WALNUT CREEK CA 94598
APN 138-190-011-5 APN 138=190=013=1 APN 138=190=014=9
RICHARD & BETTY TRE
FAIRCLOUGH WESLEY J & SANDRA SEBERRAS, SUSAN SILVERIA
957 N GATE RD 841 GAIL CT 895 GAIL CT
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 WALNUT CREEK CA 94598
APN 138-190-015-6 APN 138=190=016=4 APN 138m190=017=2
DAVID M & LINDA H BURGER O ANDERS TRE HULTIN ROBERT W &ANGELICA DAVIES
850 GAIL CT 846 GAIL CT 842 GAIL CT
WALNUT CREEK CA 94598 WALNUT CREEK CA 94598 WALNUT CREEK CA 94598
APN 138=200=002=2 APN 138=200=003 APN 138=200=007=1
DENNIS D & LINDA E TRE VINCENT P TRE & CAROL TRE
ASHLOCK DIMAGGIO KRONICK FAMILY PARTNERSHIP
1050 N GATE RD 51 BONITA CT 266 LA CASA VIA
WALNUT CREEK CA 94598 WALNUT CREEK CA 94595 WALNUT CREEK CA 94598
BUILDING INSPECTION P/W FLOOD CONTROL P/W ENGINEERING SERVICES
~Interoffice� Interoffice-- ~Interoftice~
Historical Resources Info. System
COMPREHENSIVE PLANNING CC FIRE DISTRICT 1303 Maurice Avenue
~Interoffice~ ~Interoffice~ Sonoma State University
Rohnert Park., CA 94928-3608
Contra Costa Water District City of Walnut Creek Mt. Diablo Unified School District
P.O. Box H2O P.O. Box 8039 1936 Carlotta Drive
Concord, CA 94524 Walnut Creek, CA 94596 Concord., CA 94519
Save Mt. Diablo Sheriff Office
1196 Boulevard Way, Suite 10 Admin. & Community Services
Walnut Creek, CA 94595 1980 Muir Road
Martinez, CA 94553
MINOR SUBDIVISION
(M S030036)
MAP APPROVED BY
COUNTY PLANNING COMMISSION
JUNE 22, 2004
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