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Home My WebLink AboutMINUTES - 12192006 - D.7 j TO: BOARD OF SUPERVISORS ' Contra FROM: DENNIS M. BARRY, AICP y` os Costa COMMUNITY DEVELOPMENT DIRECTOR County TA i'oilN'� DATE: DECEMBER 19, 2006 SUBJECT: HEARING TO REZONE A 10.4 ACRE PORTION OF AN APPROXIMATELY 149.4 ACRE PARCEL FROM AGRICULTURAL PRESERVE (A-4) TO GENERAL AGRICULTURAL (A-2). THE APPROXIMATELY 139 ACRE REMAINDER WILL CONTINUE ITS ORIGINAL ZONING OF AGRICULTURAL PRESERVE (A-4). THE PROPERTY IS LOCATED AT 2610, 2640 AND 2670 FRANKLIN CANYON ROAD IN THE MARTINEZ AREA. (COUNTY FILE #RZ00-3096) (DISTRICT II) SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. RECOMMENDATIONS A. OPEN the public hearing, receive testimony and CLOSE the hearing. B. ADOPT the Negative Declaration for this project finding that it is adequate for the purposes of compliance with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines. C. FIND that the proposed rezoning from Agricultural Preserve (A-4) to General Agricultural (A- 2) is in compliance with the General Plan. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONla� �/J"G APPROVED AS RECOMMENDED OTHER k ADOPTED as recommended,and FURTHER DIRECTED the Community Development Department and Public Works Department to meet with a concerned neighbor in regard to concerns involving the future development of the property. Speakers: Julian Frazier,resident of Martinez. - -- I HEREBY CERTIFY THAT THIS IS A iTRUE AND UNANIMOUS(ABSENT 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 per/ JOHN CULLEN, CLERK OF THE BOARD OF Orig: Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR cc: Arthur and Shirley Pacheco and Marjorie Wolcott-Moore(Applicants and Owners) County Administrator's Office Clerk of the Board BY UTY Public Works Department CDD-GIS File RZ00-3096 I December 19, 2006 Board of Supervisors File#RZ00-3096 Page 2 D. INTRODUCE Ordinance No. 2006-71 giving effect to aforesaid rezoning, waive reading, and adopt the ordinance. E. ADOPT the findings contained in the County Planning Commission Resolution No. 29-2006 as the basis for this Board's action. F. DIRECT the Community Development Department to post the Notice of Determination with the County Clerk. I1. FISCAL IMPACT None. The applicant is responsible for application processing costs. III. PROPOSED PROJECT The applicant is requesting to rezone approximately 10.4 acres from Agricultural Preserve (A-4) to General Agricultural (A-2) and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acres and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. The proposed remainder will continue its original zoning of Agricultural Preserve (A-4). There is no development proposed as part of the project. IV. BACKGROUND AND REASONS FOR RECOMMENDATION A. Site Location/Vicinity: The site is in the Franklin Hills area approximately 1.5 miles southwest of the downtown Martinez area and five miles east of Hercules. The site is approximately 1,000 feet south of State Route 4 and located on the crest of a knoll at an elevation of approximately 700 feet. The surrounding land use consists of similar sized parcels used as low density residential and for agricultural purposes. B. General Plan: The General Plan designation for the site is Agricultural Lands (AL). The northern portion of the site includes 56.5 acres located north of State Route 4. This parcel is designated under the Land Use Element of the County General Plan as "Policies for the Port Costa Area". Policy 3-154(a) establishes a twenty-acre minimum parcel size. This policy translates into Exclusive Agricultural Zoning District (A-20). This portion of the site.is part of the proposed 139 acre remainder with no development proposal at this time. The 10.4 acre southern portion of the site is located outside of the Port Costa restricted area. C. Zonin : The site is currently zoned Agricultural Preserve (A-4). The applicant is proposing to rezone a 10.4 acre portion of the approximately 149 acres from A-4 to A-2. On November 28, 2006, the County Planning Commission voted unanimously to approve MS05-0050 which will allow division of the 10.4 acre portion of the site into two lots. Parcel A will be 5.0 acres and Parcel B will be 5.4 acres. t , December 19, 2006 Board of Supervisors File#RZ00-3096 Page 3 The proposed rezoning is consistent with the General Plan designation (Agricultural Lands) of the site. D. County Planning Commission Hearing: This project was heard by the County Planning Commission on October 10, 2006. The County Planning Commission voted unanimously to approve the minor subdivision, County File #MS05-0050 and to recommend approval of County File #RZ00-3096 as recommended by staff. After further review of the approved conditions of approval, staff noticed that a few conditions were inadvertently omitted from the conditions of approval section. Staff requested a reconsideration of the project's approval and on November 14, 2006 this application was placed before the County Planning Commission for reconsideration. On November 28, 2006, the Commission approved the reconsideration to include the omitted conditions and voted again to approve the minor subdivision and recommend approval of the rezoning as recommended by staff. V. CONSEQUENCE OF INACTION OR DENIAL OF PROPOSED REZONING BY THE BOARD The County Planning Commission approved the vesting tentative map for two lots and a remainder 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 and the subdivision will be null and void. RESOLUTION NO. 29-2006 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 ARTHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (COUNTY FILE #RZ00-3096) IN THE ORDINANCE CODE SECTION PERTAINING TO THE PRECISE ZONING FOR THE MARTINEZ AREA OF SAID COUNTY. WHEREAS, a request by Arthur and Shirley Pacheco and Marjorie Wolcott Moore (RZ00-3096) to rezone a 10.4 acre portion of an approximately 149 acre property from Agricultural Preserve (A-4) to General Agricultural (A-2) and subdivide the 10.4 acre parcel into two lots, approximately 5.0 acres each, for which an application was received by the Community Development Department on December 7, 2005; 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 August 22, 2006 and September 21, 2006, which is attached in the staff report; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, October 10, 2006, whereat all persons interested therein might appear and be heard; and WHEREAS, all interested parties were given an opportunity to participate in the public hearing by submittal or oral and written comments; and WHEREAS, the County Planning Commission unanimously approved the subdivision MS05-0050 subject to findings and conditions of approval; and WHEREAS, as requested by staff, on November 14, 2006, this application was submitted for reconsideration before the County Planning Commission; and WHEREAS, after notice having been lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday, November 28, 2006, when the Commission approved the reconsideration of the project to allow insertion of page number 7 of the conditions of approval which was inadvertently omitted from the conditions of approval section of the October 10, 2006 public hearing package. 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 (CEQA) and State and County CEQA Guidelines and adopts the same; 2. ADOPTS Vesting Tentative Map #MS05-0050 and recommends to the Board of Supervisors the approval of the rezoning request of the site from Agricultural Preserve (A-4) to General Agricultural (A-2); 2 BE IT FURTHER RESOLVED that the reasons for this recommendation are as follows: A. Rezoning (Per Section 26-2.1806 of the County Code) Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in land use district is made. They are as follows: (1) The change proposed will substantially comply with the General Plan. The existing General Plan designation is Agricultural Lands. The proposed rezoning of a portion of the site from Agricultural Preserve District (A-4) to General Agricultural District (A-2) is consistent with the existing General Plan designation. (2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. There is no development proposed at this time. The use of the site is partially agricultural and low density residential. The proposed project will not impose any changes in the use of the existing property and will be compatible to the land use of the adjacent districts. The site is surrounded along the east, south and west by parcels with a General Agricultural (A-2) zoning designation. (3) Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Even though the northern part of the site is within the Briones Hills Agricultural Preserve and is within the Port Costa area which restricts parcels smaller than 20 acres, the southern portion of the site where the rezoning and subdivision is proposed meets the intent of the Agricultural Lands designation and serves the intent of the County General Land Use Element, which encourages infill development whenever possible. There are other similar sized properties within the vicinity and the Community Development Department has not received any neighbor's concernslcomments regarding this project. B. Tentative Map (Subdivision) Findings: 1. Required findings to approve a tentative map (Reference Sections 94-2.806 of the County Code) The advisory agency (County Planning Commission) shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provision for its design and improvement, is consistent with the applicable general and specific plans required by law. The subject subdivision conforms to the applicable General Plan land use designation of Agricultural Lands (0.2 acre per net acre). No new development is proposed within Parcel A, Parcel B or within the remainder. The project is 3 consistent with the policies for the Briones Hills Agricultural area and the Port Costa area. C. Growth Management Element Performance Standards Findings: 1. Traffic: The project as proposed could generate approximately three additional PM peak hour trips. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Water: The site is not connected to any city water service. The applicant is required to meet the Contra Costa County Environmental Health Department conditions. 3. Sanitary Sewer: The site is not connected to a sanitary service. The project is conditioned to meet all of the requirements of the Contra Costa County Environmental Health Department. 4. Fire Protection: The Contra Costa County Consolidated Fire Protection District will service the site. 5. Public Protection: The project is well below the Growth Management Element standard of 155 square feet of Sheriff facility station per 1,000 population. 6. Parks and Recreation: A park dedication fee of$2,000.00 will be collected prior to issuance of the building permit if a house is constructed within the remainder to mitigate impacts on parks and recreation in the area. 7. Flood Control and Drainage: Compliance with Public Works Department drainage requirements is required. A very small portion of the site lies within a flood zone identified by FEMA. (Reference the Growth Management.Element, Chapter 4, of the General Plan) D. Variance findings: According to Section 26-2.2006 of the County Ordinance Code, the proposed project meets the intent of Section 26-2.2006 as follows: 1. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use in which the subject property is located. The granting of a variance to allow two existing sheds with a zero foot side yard (Parcel A) and a 7-foot side yard (Parcel B) does not constitute a grant of special privilege. According to Condition No. 5, the applicant will have the option to a) demolish the sheds, b) relocate the sheds so they meet the minimum required side yard setback, or c) keep the sheds at their location as long as they comply with the Building Department codes and regulations. The Building Code requirements may include, but are not limited to, building of a firewall for structures that are not at least three feet from a property line. a 4 2. That because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. The proposed parcels have an odd configuration. The proposed line that would divide the property into two additional parcels was also based on the topography of the site and considered the location of the existing road. Other sheds and accessory structures are also typically found within the vicinity. The strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. The variance will allow two existing sheds to be located and possibly be removed or demolished. The granting of this variance will not result in a change of its use and therefore the intent and purpose of the General Agricultural District (A-2) will be met. BE IT FURTHER RESOLVED that the Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California. The instructions by the Planning Commission to prepare this resolution were given by motion of the County Planning Commission on Tuesday, November 28, 2006 by the following vote: AYES: Commissioners Terrell, Wong, Battaglia, Murray, Gaddis, Clark and Snyder NOES: None ABSENT: None ABSTAIN: None Donald Snyder, Chair County Planning Commission County of Contra Costa State of California ATTEST: Cri Dennis M. Barry, Secretary County Planning Commission County of Contra Costa State of California ORDINANCE 2006-71 FINDINGS MAP ORDINANCE NO. 2006 -71 ' (Re-Zoning Land in the Martinez Area) The Contra Costa County Board of Supervisors ordains as follows: SECTION I: PageF-10, F-11, G-10, G-11 of the County's 2005 Zoning Map (Ord. No. 2005-03) 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. RZ - 00-3096 _ .) FROM: Land Use District A-4 { Agricultural Preserve } TO: Land Use District A-2 { General Agriculture ) and the Community Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. 0 II 0 {{ A-2 A-4 $ d s. At, •.r.Franklin.Canyon-Rd,.m.�.. • SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 dats after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the �r2►�`E �a ron S�z {-- es a newspaper published in this County. PASSED onby the following vote: Supervisor Axe No Absent Abstain 1. J. Gioia ()C) ( ) ( ) ( } 2. G.B. Uilkema ( ) ( ) ( ) 3. M.N. Piepho 4. Vacant ( ) ( ) ( ) ( ) 5. F.D. Glover ( ) ( ) ( ) ATTEST- Joh Cullen, County Administrator and Clerk o the Board of Supervisors Chairman of the Board By Dep.0 . (SEAL) ORDINANCE NO. 2006 - 71 RZ00-3096-Applicant Findings Map � n i . --- .......... 3 { - 3. � � �' � a ®—®om®®® a `,l A-2 10 4f 'J Rezone from A-4 to A-2 ® Martinez Area I, Chair of the Contra Costa County Planning Commission, State of California do hereby certify that this is a true and correct copy of page F-10, F-11, G-10, G-11 of the County's 2005 zoning map. indicating thereon the decision of the Contra Costa County Planning Commission in the matter of Applicant - RZ00-3096 ATTEST: Secretary of the Contra Costa County Planning Commission, State of Calf. 1 MAPS AND PHOTOGRAPHS � f ©v/vn 't . 1 r r .: ( Br dge (TOLL).' PfITSO 2-1 r 0 �'—_ —��'`��.L`�7) _ `> _ LL��--•� " t t—. ;at,1. 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I� \ -% � f1\� �\✓ \ �/�r�% / I 'I)jll , � ) 02W0 � I � � �_� I�\ \�� `(� � \ � L~��•�-� —� � I III ��\ v_ �1 „1 I /- N pI It is i IN j� ��,'I . ,vV��,' �I II MWFtl�pilit,' � l� 111`h111l� i fAo�; FINDINGS AND CONDITIONS OF APPROVAL MS05-0050 FINDINGS AND REVISED CONDITIONS OF APPROVAL FOR MS05-0050, ARTHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (APPLICANTS AND OWNERS) LOCATED IN THE MARTINEZ AREA AS APPROVED BY THE COUNTY PLANNING COMMISSION ON NOVEMBER 28, 2006. FINDINGS A. Rezoning(Per Section 26-2.1806 of the County Code). Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in land use district is made: They are as follows: (1) The change proposed will substantially comply with the general plan. The existing General Plan is Agricultural Lands. The proposed rezoning of portion of the site from Agricultural Preserve District(A-4)to General Agricultural District(A-2) is consistent with the existing General Plan designation. (2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. There is no development proposed at this time. The use of the site is partially agricultural and low density residential. The proposed project will not imposed any changes in the use of the existing property and will be compatible to the land use of the adjacent districts. The site is surrounded along the east, south and west by parcels with a General Agricultural, A-2, zoning designation. (3) Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Even though the northern part of the site is within the Briones Hill Agricultural Preserve and is within the Port Costa area which restricts parcels smaller than 20 acres, the southern portion of the site where rezoning and subdivision is proposed, meets the intent of the Agricultural Lands, and it also serves the intent of the County General Land Use Element, which encourages infill development whenever possible. There are other similar sized properties within the vicinity, and the Community Development Department has not received any neighbor's concemslcomments regarding this project. B. Tentative Map (Subdivision) Findings: 1. Required findings to approve a Tentative Map (Reference sections 94- 2.806 of the County Code). The advisory agency (County Planning Commission) shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provision for its design and improvement, is consistent with the applicable general and specific plans required by law. Subject subdivision conforms to the applicable General Plan land use designation of Agricultural Lands (0.2 acre per net acre). No development is proposed within Parcel A, Parcel B, or within the remainder. The project is also consistent with the Policies for the Briones Hills Agricultural area and is also consistent with the Policies for the Port Costa area. C. Growth Management Element Performance Standards Findings: 1. Traffic: The project as proposed could generate approximately three additional PM peak hour trip. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. 2. Water: The site is not connected to any City water service. The applicant is required to meet the Contra Costa County Environmental Health Department conditions. 3. Sanitary Sewer: The site is not connected to a sanitary service. The project is conditioned to meet all of the requirements of the Contra Costa County Health Environmental Department. 4. Fire Protection: The Contra Costa County Consolidated Fire Protection District will service the site. 5. Public Protection: The project is well below the Growth Management Element standard of 155 square feet of Sheriff facility station per 1,000 population. 6. Parks and Recreation: A park dedication fee of $2,000.00 will be collected prior to issuance of building permit if a house is constructed within the remainder to mitigate impacts on parks and recreation in the area. 2 of 14 7. Flood Control and Drainage: Compliance with Public Works Department drainage requirements is required. A very small portion of the site lies within a flood zone identified by FEMA. (Reference the Growth Management Element, Chapter 4, of the General Plan) D. Variance findings: According to Section 26-2.2006 of the County Ordinance Code, the proposed project meet the intent of Section 26-2.2006 as follows: 1. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use in which the subject property is located. The granting of a variance to allow two existing sheds with a zero-foot side yard (Parcel A) and a 7-foot side yard (Parcel B) does not constitute a grant of special privilege. According to Condition No. 5, the applicant will have the option to a)demolish the sheds, b) relocate the sheds so it meets the minimum required side yard setback, or 3) keep the sheds on their location as long as they comply with the Building Department codes and regulations. The Building code requirements may include, but is not limited to, building of a firewall for structures that are not at least three feet from a property line. 2. That because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. The proposed Parcels have an odd configuration. The proposed line that will divide the property into two additional parcels were also based on the topography of the site and considering the location of the existing road. Other sheds and accessory structures are also typically found within the vicinity. The strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. The variance will allow two existing sheds to be located and possibly be removed or demolished. The granting of this variance will not result in a change of its use and therefore, the intent and purpose of the General Agricultural District (A-2) will be met. 3 of 14 REVISED CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION MS05- 0050 AND RZ00-3096 Administrative: 1. __ Approval is based on revised project dated December 7, 2005,and revised Vesting Tentative Map dated received June 16, 2006. 2. _ _ Prior to issuance of any building permit on the remainder, the applicant shall submit a Certificate of Compliance for review and consideration of the County Zoning Administrator. NOTE: Unless otherwise indicated, the following conditions of approval require compliance prior to the filing of the Parcel Map. Archaeology: 3. __ The applicant shall be required to comply with the following condition: "In accordance with CEQA Subsection 15064.5(f), should any previously unknown historic or prehistoric resources, including but not limited to charcoal, obsidian or chert flakes, grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal, ceramics, wood or similar debris, be discovered during grading, trenching or other on-site excavation(s), earthwork within 100 feet of these materials shall be stopped until a professional archaeologist certified by the Registry of Professional Archaeologists (RPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as determined necessary". 4. _ _ Approval is granted to allow the variance as indicated below; it meets the intent of Section 26-2.2006 of the Contra Costa County Ordinance Code Ordinance: Shed located on Parcel A with a zero-foot side yard (20-foot is required) Zero-foot side yard approved Shed located on Parcel B with a 7-foot side yard (20-foot required) 7-foot side yard approved 5. — The applicant is allowed to keep the sheds as long as the sheds comply with the following: a) If not already obtained, a building permit shall be obtained for the sheds. The Building code requirements may include, but is not limited 4 of 14 to, building of a firewall for structures that are not at least three feet from a property line. b) The applicant may have the option to relocate the sheds in order to meet all the required setbacks. Building permits may also be required for relocation. c) The applicant may opt to demolish the sheds. Construction: 6. !_ When construction occurs within any parcel, 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 weekends and on the following state and federal holidays: New Year's Day (State and Federal) Birthday of Martin Luther King, Jr.(State and Federal) Washington's Birthday/Presidents' Day (State and Federal) Lincoln's Birthday (State) Cesar Chavez Day(State) Memorial Day(State and Federal) Independence Day(State and Federal) Labor Day(State and Federal) Columbus Day(State and Federal) Veterans Day(State and Federal) Thanksgiving Day(State and Federal) Day after Thanksgiving (State) Christmas Day(State and Federal) For specific details on the actual day the state and federal holidays occur, please visit the following websites: Federal Holidays http://www.opm.,gov/fedhol/2006.asi) California Holidays http://www.edd.ca.gov/eddsthol.htm 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. 5 of 14 C. Transporting of heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on Federal and State holidays. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. D. If a grading permit is required, 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 ordinance 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. If a grading permit is required, the project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. Indemnification: 7. __ Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the County and its agents, officers, and employees from any claim, action, or proceeding 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 Protection: 8. __ No tree removal or alteration is approved under this permit. Any impact/removal of trees will require submittal of a tree permit application for review and consideration of the County Zoning Administrator. Police Services: 9. __ Prior to filing the parcel map, the applicant shall submit two copies of a proposed disclosure statement for review and approval of the Zoning Administrator. The disclosure statement shall advise prospective buyers of remainder that prior to issuance of a building permit, they will be required to contribute to the County $1,000 for police mitigation. The fee may be paid to the Contra Costa County Application and Permit Center. 6 of 14 Geology: 10. _ _ A preliminary geology/soil report may be required for structures to be located within the proposed remainder. At least 30 days prior to installation of improvements or utilities on the proposed remainder, submit an preliminary geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the County Geologist. 11. _ - Prior to filing the parcel map, the applicant shall provide evidence that one of the following has occurred regarding the second residence located on proposed Parcel B: a) An application to convert the existing Second Residence to a Second Unit has been approved, and the residence has been modified as approved. b) The residence has been modified into an agricultural structure and met all the requirements of the County Zoning Code and Building codes and regulations. C) Residence has been removed from the property. Ranchette Development: 12. _ , Prior to filing the parcel map, the project sponsor shall comply with he policy criteria for subdivision of lands within agriculture and open space General Plan categories adopted by the Board of Supervisors March 15, 1983, and included in the Contra Costa County General Plan, 2005-2020. a. Each parcel shall have an "on-site" producing water well or a "test well" shall be installed with a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the state standards for a pure, wholesome and potable water supply (Title 11, Section 6443). If the chemical analysis exceeds the state standards for "maximum contaminant levels", for water potability, a statement must be attached and "run with the property deed" advising of these levels; or b. The project sponsor shall have verifiable water availability data from adjacent parcels or knowledge of the same, known by the Health Services Department concerning water quality and quantity per i. above; and Include a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel 7 of 14 complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. C. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. d. The land shall be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department regulations. Percolation tests shall pass on all proposed lots prior to filing of the Parcel Map. e. Adequate fencing of an inconspicuous design shall be required to contain domestic animals with all gates easily closed when necessary. Fencing shall be installed prior to issuance of building permits. Supplemental Application Fees: 13. _ Payment of any supplemental application processing fees that are due. This application is subject to an initial application fee of $5,813 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. The applicant may obtain current costs by contacting the project planner. If the applicant owes additional fees, a bill will be sent to the applicant shortly after permit issuance. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION MS 05-0050 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the Revised Vesting Tentative Map received by the Community Development Department on June 16, 2006. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE PARCEL MAP: 14. _ 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 8 of 14 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 Vesting Tentative Map received by the Community Development Department on June 16, 2006. 15. — _ Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the County 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. Frontage Improvements (Franklin Canyon Road): 16. _ _ Applicant shall construct curb, sidewalk, and any necessary longitudinal and transverse drainage, street lighting, and pavement widening and transitions along the frontage of Franklin Canyon Road. Exception Applicant is granted an exception from the construction of frontage improvements or any road widening on Franklin Canyon Road due to the large parcels involved; the, agricultural zoning; and the nature of this proj ect. Roadway Improvements (On-Site): 17. _ _ Applicant shall construct or improve the on and off-site roadway system from Franklin Canyon Road to current County rural private road standards with a minimum traveled width of 20 feet, with 2 foot wide shoulder backing,within at least a 30 foot wide access easement in accordance with the Policy on Private Rural Road Design Standards, subject to the review of Public Works and the Fire District. Access to Adjoining Property: Proof of Access 18. _ _ Applicant shall furnish proof to the Public Works Department 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. 9 of 14 19. _ _ Applicant shall furnish proof to the Public Works Department that legal access to the subject property is available from Franklin Canyon Road. Encroachment Permit: 20. _ _ Applicant shall obtain an encroachment permit, if necessary, from the Application and Permit Center for any work done within the right of way of Franklin Canyon Road. Abutter's Rights 21. _ _ Applicant shall relinquish abutter's rights of access along the project frontage of Franklin Canyon Road. Access from Franklin Canyon Road to the subject parcels shall exclusively be via Wolcott Lane. Sight Distance: 22. _ _ Applicant shall provide adequate sight distance at all driveway and private road intersections with Franklin Canyon Road for a through traffic design speed of 55 miles per hour. Landscaping, walls, fences, signs, or any other obstructions shall be placed to maintain adequate sight distance. Road Dedications: 23. _ _ Applicant shall convey to the County, by Offer of Dedication, 10 feet of right of way necessary for the planned future width of 60 feet along the project frontage of Franklin Canyon Road. Maintenance of Facilities: 24. _ Applicant 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 any private roadways used for access. Street Lights: 25. _ Applicant 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 the Parcel Map. The applicant shall be aware that this annexation process must comply with State 10 of 14 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. Annexation into CSA L-100 does not include the transfer of ownership and maintenance of street lighting on private roads. Utilities/Undergrounding: 26. _ _ Any new utility distribution facilities shall be installed underground. Drainage Improvements: Collect and Convey 27. ` _ Collect and convey all storm water entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Exception Applicant shall be permitted an exception from the collect and convey requirements of the County Ordinance Code due to the large size of the proposed parcels, provided that there are no known drainage problems on-site or immediately downstream, the existing drainage pattern is maintained, and additional concentrated storm water runoff is not discharged onto adjacent properties. Provision "CS' of the NPDES Permit: 28. _ _ In compliance with the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). The application was deemed complete prior to August 15, 2006 and proposes less than one acre of impervious surface area (43,560 square feet), which is the threshold for submittal of a SWCP. However, this project is required to incorporate storm water quality elements to the Maximum Extent Practicable (MEP). This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self 11 of 14 retaining areas and include other Best Management Practices to the MEP. National Pollutant Discharge Elimination System (NPDES): 29. _ 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 or Central Valley Region). Compliance will include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, where feasible, some or all of the following long term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: Minimize the amount of directly connected impervious surface area. - Stencil advisory warnings on all catch basins. Slope pavements to direct runoff to landscaped/pervious areas, where feasible. Shallow roadside and on-site swales Distribute public information.items regarding the Clean Water Program to buyers. Other alternatives as approved by the Public Works Department. ADVISORY NOTES A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. a. 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 exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. b. The ninety (90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this 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 12 of 14 Development Department within 90 days of the approval date of this permit. B. The applicant/owner should be aware of the expiration dates and renewing requirements prior to recording the Parcel Map, C. Comply with the requirements of the Contra Costa County Fire Protection District. D. Comply with the requirements of the Building Inspection Department. Permits are required prior to grading and construction. E. Comply with the requirements of the County Environmental Health Department. F. This project is subject to the fees in effect under County Ordinances as of May 12, 2004, the date the tentative map was accepted as complete by the Cornmunity Development Department. 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 per residence. Child Care $ 400 per residence G. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Martinez Area of Benefit as adopted by the Board of Supervisors. This fee must be paid prior to issuance of a building permit. 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. A Fish and Game fee in the amount of$1,250 is due. 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. Portions of the subject property are located in a Special Flood Hazard Area as designated on the Federal Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. 13 of 14 COUNTY PLANNING COMMISSION STAFF REPORTS November 28, 2006 November 14, 2006 October 10, 2006 Agenda Item # 3c,, Community Devel--pment Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY NOVEMBER 28, 2006 I. INTRODUCTION ARTHUR AND SHIRLEY PACHECO AND MARJORIEWOLCOTT MOORE (Applicants and Owners) County File #'s RZ00-3096 and MS05-0050: This is a request to reconsider the rezoning and minor subdivision previously approved by the Commission on October 10, 2006. The project consists of a request to rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acre and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A-4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7-foot where 20-foot is the minimum required. The property is located at 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. (Zoning: A-4) (ZA:Fl0,Fll and G10,G11) (CT: 3180/3.560.02) (APN: 368-030-005 and 368-030-011). 11. BACKGROUND This application was approved by the County Planning Commission on October 10, 2006. The Commission voted unanimously to approve the Minor Subdivision, County File #MS05-0050 and recommended approval of RZ00-3096 to the Board of Supervisors. On November 14, 2006, this application was presented before the County Planning Commission for reconsideration and it was unanimously approved to be reconsidered. Reason for Reconsideration: As shown on the Tentative Map, the property has a total of three residential units. Currently, the property is zoned Agricultural Preserve District, A-4. This zoning allows one residence for every 40 acres. A land use permit, County File #LP86-2021 was approved in August of 1986 to allow a third residence on the property. The applicant is proposing to divide the 154-acre parcel into two 5-acre parcels and a remainder. One residence will remain on proposed Parcel A and two residences would remain in proposed Parcel B. The applicant is proposing to rezone a portion of the property (approximately 10 acres of the southern portion) from A-4 zoning (40-acre minimum) to A-2, General Agricultural District (5-acre S-2 minimum). The A-2 Zoning District and its respective General Plan designation of Agricultural Lands (AL), permits one residence per 5 acres. Allowing two residences to remain on a 6-acre parcel would be a conflict with the current General Plan and the proposed zoning for the site. Staff also noticed that the staff report dated October 10, 2006, inadvertently omitted Page No. 7 from the Conditions of Approval Section. In order to remedy this oversight, staff is recommending that the Planning Commission approve the project with the recommendations of approval presented before the Commission on October 10, 2006, and with the revised Conditions of Approval from Page No. 7 as follows: The new language is underlined, deleted language is indicated by st4kethrough, and the original text is shown without underline or strikethrough. Geology: 10. A preliminary geology/soil report may be required for structures to be located within the proposed remainder. At least 30 days prior to installation of improvements or utilities on the proposed remainder, submit an preliminarygeology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the County Geologist. Complianee Report and Fee fo.�-_Reyiew far7?uo-rlper+:nl cool tr-Ue1�i Z.+'1V f--1�G�-I��\-1V d D,-, ,-_to filing E,f'the par-eelmap the pli „t shall submit for- Y-evi and approval E)f the Zoning Arl.,•,inistr- to- a deed .-1isel stir-e o Par-eel A Bd G tha4 states the "P-ieFto the filling of •• •building efffliit—oi—a gr-ailing p�ii b ,,1;e do feFF the .level +his let the . ,,1;eant shall sttb ;t to the ZoningAdminStiule��vi-T2'dif�'---.. - ppreyal--a "Peart eermmplrrcanee with all--r-ele vant peFfflit eenditions of Geufity- file MS050034 and all applicable of-dinanees (Tree Py-oteedreij aiia b rhe ueeempunied-by a Feview depes;t of el000nn rapie„ e€-the-peffflit-eenditions- may be ebtained by the r „t,.,, Gest CCCiT7 Clrl. �i e� C[ -J 11. Prior to filing the parcel map, the applicant shall provide evidence that one of the follo.wine has occurred reeardin� the. second residence located on proposed Pa-cel B: a) An application to convert the existing second residence to a Second Unit has been submitted for review and consideration of the Zoning Administrator. b) The residence has been modified into an ao-ricultural structure and met all the requirements of the County Zoning Code and Building codes and regulations. c) Residence has been removed from the property. Ranchette Development 5-: 12. Prior to filing the parcel map, the project sponsor shall comply with the policy criteria for subdivision of lands within agriculture and open space General Plan categories adopted by the Board of Supervisors March 15, 1983, and included in the Contra Costa County General Plan, 2005-2020. A. Each parcel shall have an "on-site" producing water well or a "test well" shall be installed with a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the state standards for a pure, wholesome and potable water supply (Title 11, Section 6443). If the chemical analysis exceeds the state standards for "maximum contaminant levels", for water potability, a statement must be attached and "run with the property deed" advising of these levels; or B. The project sponsor shall have verifiable water availability data from adjacent parcels or knowledge of the same, known by the Health Services Department concerning water quality and quantity per i. above; and Include a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. C. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. S-4 D. The land shall be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department regulations. Percolation tests shall pass on all proposed lots prior to filing of the Parcel Map. E. Adequate fencing of an inconspicuous design shall be required .to contain domestic animals with all gates easily closed when necessary. Fencing shall be installed prior to issuance of build- ing permits. III. CONCLUSION Staff recommends the County Planning Commission approve the project with the revised Conditions of Approval. FINDINGS AND REVISED CONDITIONS OF APPROVAL FOR INISOS-00 0 .AND RZOO-3096. ARTHUR -IUND SHIRLEY PACHECO AND INIARJORIE TI OLCOTT MOORE (APPLICA NTS AND OWNERS) LOCATED IN THE NIARTINEZ AREA. FINDINGS A. Rezoning (Per Section 26-2.1806 of the County Code). Section 26-2.1806 of the County Ordinance Code requires specific findings to be made by the planning agency when a request for change in land use_district is made: They are as follows: (1) The change proposed will substantially comply with the general plan. The existing General Plan is Agricultural Lands. The proposed rezoning of portion of the site from Agricultural Preserve District(A-4) to General Agricultural District (A-2) is consistent with the existing General Plan designation. (2) The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. There is no development proposed at this time. The use of the site is partially agricultural and low density residential. The proposed project will not imposed any changes in the use of the existing property and will be compatible to the land use of the adjacent districts. The site is surrounded along the east, south and west by parcels with a General Agricultural, A-2, zoning designation. (3) Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. Even though the northern part of the site is within the Briones Hill Agricultural Preserve and is within the Port Costa area which restricts parcels smaller than 20 acres, the southern portion of the site where rezoning and subdivision is proposed, meets the intent of the Agricultural Lands, and it also serves the intent of the County General Land Use Element, which encourages infill development whenever possible. There are other similar sized properties within the vicinity, and the Community Development Department has not received any neighbor's concerns/comments regarding this project. B. Tentative Map (Subdivision) Findings: 1. Required findings to approve a Tentative Map (Reference sections 94- 2.806 of the County Code). The advisory agency(County Planning Commission) shall not approve a tentative map unless it shall find that the proposed subdivision, together with the provision for its design and improvement, is consistent with the applicable general and specific plans required by law. Subject subdivision conforms to the applicable General Plan land use designation of Agricultural Lands (0.2 acre per net acre). No development is proposed within Parcel A, Parcel B, or within the remainder. The project is also consistent with the Policies for the Briones Hills Agricultural area and is also consistent with the Policies for the Port Costa area. C. Growth Management Element Performance Standards Findings: a. Traffic: The project as proposed could generate approximately three additional PM peak hour trip. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. b. Water: The site is not connected to any City water service. The applicant is required to meet the Contra Costa County Environmental Health Department conditions. c. Sanitary Sewer: The site is not connected to a sanitary service. The project is conditioned to meet all of the requirements of the Contra Costa County Health Environmental Department. d. Fire Protection: The Contra Costa County Consolidated Fire Protection District will service the site. e. Public Protection: The project is well below the Growth Management Element standard of 155 square feet of Sheriff facility station per 1,000 population. f. Parks and Recreation: A park dedication fee of$2,000.00 will be collected prior to issuance of building permit if a house is constructed within the remainder to mitigate impacts on parks and recreation in the area. 2 of 14 g. Flood Control and Drainage: Compliance with Public Works Department drainage requirements is required. A very small portion of the site lies within a flood zone identified ,v FEMA. (Reference the Growth Management Element, Chapter 4, of the General Plan) n D. Variance findings: According to Section 26-2.2006 of the County Ordinance Code, the proposed project meet.the intent of Section 26- 2.2006 as follows: 1. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use in which the subject property is located. The granting of a variance to allow two existing sheds with a zero- foot side yard (Parcel A) and a 7-foot side yard (Parcel B) does not constitute a grant of special privilege. According to Condition No. 5, the applicant will have the option to a)demolish the sheds, b) relocate the sheds so it meets the minimum required side yard setback, or-3)keep the sheds-on their location as long as they comply with the Building Department codes and regulations. The Building code requirements may include, but is not limited to, building of a firewall for structures that are not at least three feet from a property line. 2. That because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land.use district. The proposed Parcels have an odd configuration. The proposed line that will divide the property into two additional parcels were also based on the topography of the site and considering the location of the existing road. Other sheds and accessory structures are also typically found within the vicinity. The strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. 3 of 14 The variance will allow two existinp- sheds to be located and possibly be removed or demolished. The granting of this variance will not result in a change of its use and therefore., the intent and purpose of the General Agricultural District (A-2) will be met. REVISED CONDITIONS OF APPROVAL FOR M11NOR SUBDIVISION INIS05- 0050 AND RZ00-3096 Administrative: Approval is based on revised project dated December 7, 2005, and revised Vesting Tentative Map dated received June 16, 2006 2. Prior to issuance of any building permit on the remainder, the applicant shall submit a Certificate of Compliance for review and consideration of the County Zoning Administrator. NOTE: Unless otherwise indicated, the following conditions of approval require compliance prior to the filing of the Parcel Map. Archaeology: 3. __ The applicant shall be required to comply with the following condition: "In accordance with CEQA Subsection 15064.5(f), should any previously unknown historic or prehistoric resources, including but not limited to charcoal, obsidian or chert flakes, grinding bowls, shell fragments,bone, pockets of dark, friable soils, glass, metal, ceramics, wood or similar debris,be discovered during grading, trenching or other on-site excavation(s), earthwork within 100 feet of these materials shall be stopped until a professional archaeologist certified by the Registry of Professional Archaeologists (RPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as determined necessary". 4. Approval is granted to allow the variance as indicated below; it meets the intent of Section 26-2.2006 of the Contra Costa County Ordinance Code Ordinance: Shed located on Parcel A.with a zero-foot side yard (20-foot is required) Zero-foot side yard approved Shed located on Parcel B with a 7-foot side yard (20-foot required) 7-foot side yard approved 5. The applicant is allowed to keep the sheds as long as the sheds comply 4 of 14 with the following: a) ?f not already obtained, a building permit shall be obtained for the sheds. The Building code requirements may include, but is not limited to, building of a firewall for structures that are not at least three feet from a property line. b) The applicant may have the option to relocate the sheds in order to meet all the required setbacks. Building permits may also be required for relocation. c) The applicant may opt to demolish the sheds. Construction: 6. __ When construction occurs within any parcel, 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 weekends and on the following state and federal holidays: New Year's Day (State and Federal) Birthday of Martin Luther King, Jr.(State and Federal) Washington's Birthday/Presidents' Day (State and Federal) Lincoln's Birthday (State) - Cesar Chavez Day (State) Memorial Day(State and Federal) Independence Day (State and Federal) Labor Day(State and Federal) Columbus Day(State and Federal) Veterans Day(State and Federal) Thanksgiving Day(State and Federal) Day after Thanksgiving (State) Christmas Day (State and Federal) For specific details on the actual day the state and federal holidays occur,please visit the following websites: Federal Holidays littp://www.opm.gov/fedhol/2006.asp California Holidays httj?://www.edd.ca.,gov/eddsthol.htm 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 5 of 14 as air compressors and concrete pumpers as far away from existing residences as possible. C. Transporting of heavy equipment and trucks shall be limited to weekdays between the hours of 9:00 A.M. and 4:00 P.M. and prohibited on Federal and State holidays. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. D. If a grading permit is required, 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 ordinance 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. If a grading permit-is required, the project shall comply with the dust control requirements of the Grading Ordinance including provisions pertaining to water conservation. Indemnification: 7. _ Pursuant to Government Code Section 66474.9, the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and hold harmless the County and its agents, officers, and employees from any claim, action, or proceeding 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 Protection: 8. —_ No tree removal or alteration is approved under this permit. Any impact/removal of trees will require submittal of a tree permit application for review and consideration of the County Zoning Administrator. Police Services 9. __ Prior to filing the parcel map, the applicant shall submit two copies of a proposed disclosure statement for review and approval of the Zoning Administrator. The disclosure statement shall advise prospective buyers of remainder that prior to issuance of a building permit, they will be required to contribute to the County $1,000 for police mitigation. The fee may be paid to the Contra Costa County Application and Permit Center. 6 of 14 GeoIo�� 10. A preliminary eeologgy/soil report may be required for structures to be located within the proposed remainder. At least 30 days prior to installation of improvements or utilities on the proposed remainder, submit an preliminary geology, soil, and foundation report meeting the requirements of Subdivision Ordinance Section 94-4.420 for review and approval of the County Geologist. !''.......lianee Report and Tine for Review for Residential Construetion: 4. Prior- to filing E)f the par-eel map the applioant shall submit fe� and . .,1 of the 7.,,-,in A,7„-mist.-.,te- ., deed disel..sufe .,n Par-eel "Prior- to +L-rrxe filfig of a building pemakor- .r-aging pefffiii r.lie do ffor- the development of this let the a pl;.arA shall „l•,mi to the-Zaiiix g Admmi istfater- f8rfcview and -a8v " efmit eemplianee with all--Y-eley-ant pen:nit evnm i0ixs-of GeupAy file MS05 034-and- ^l-all—appheable „_4ii-ni nem-(T-ree Pr-ateetken—arm Pr-esefvatien,, General r gfleialwr-al, i4 2 et" `cam the pefmit eenaphaanee of the peninit eenditiens may be-obtain the-Gentfca Cita 11. Prior to filing the parcel map, the applicant shall provide evidence that one of the following has occurred re a�rding the second residence located on proposed Parcel B: a) An application to convert the existing Second Residence to a Second Unit has been submitted for review and consideration of the Zoning Administrator. b) The residence has been modified into an agricultural structure and met all the requirements of the County Zoning Code and Building codes and regulations. c) Residence has been removed from the property. Ranchette Development -5- 12. Prior to filing the parcel map, the project sponsor shall comply with the policy criteria for subdivision of lands within agriculture and open space General Plan cateQories adopted by the Board of Supervisors 7 of 14 March 15, 1983, and included in the Contra Costa County General Plan, 2005-2020. A. Each parcel shall have an "on-site" producing water well or a "test well" shall be installed with a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the state standards for a pure, wholeso;ne and potable water supply (Title 11, Section 6443). If the chemical analysis exceeds the state standards for "maximum contaminant levels", for water potability, a statement must be attached and "run with the property deed" advising of these levels; or B. The project sponsor shall have verifiable water availability data from adjacent parcels or knowledge of the same, known by the Health Services Department concerning water quality and quantity per i. above; and Include a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. C. In addition to the above, a hydro-geological evaluation may be required in known or suspected water short areas. This will include seasonal as well as yearly variations. D. The land shall be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department regulations. Percolation tests shall pass on all proposed lots prior to filing of the Parcel Map. E. Adequate fencing of an inconspicuous design shall be required to contain domestic animals with all gates easily closed when necessary. Fencing shall be installed prior to issuance of build- ing permits. Supplemental Application Fees: 13. — Payment of any supplemental application processing fees that are due. This application is subject to an initial application fee of$5,813 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. The 8 of 14 applicant may obtain current costs by contacting the project planner. If the applicant owes additional fees, a bill will be sent to the applicant shortly after permit issuance. PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION MS 05-0050 Applicant shall comply with the requirements of Title 8, Title 9, and Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the Revised Vesting Tentative Map received by the Community Development Department on June 16, 2006. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE PARCEL MAP: 14. 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 Vesting Tentative Map received by the Community Development Department on June 16, 2006. 15. Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the County 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. Frontage Improvements (Franklin Canyon Road): 16. Applicant shall construct curb, sidewalk, and any necessary longitudinal and transverse drainage, street lighting, and pavement widening and transitions along the frontage of Franklin Canyon Road. Exception Applicant is granted an exception from the construction of frontage improvements or any road widening on Franklin Canyon Road due to the large parcels involved; the agricultural zoning; and the nature of this project. 9 of 14 Roadway Improvements (On-Site): 17. Applicant shall construct or improve the on and off-site roadway system from Franklin Canyon Road to current County rural private road standards with a minimum traveled width of 20 feet, with 2 foot wide shoulder backing, within at least a 30 foot wide access easement in accordance with the Policy on Private Rural Road Design Standards, subject to the review of Public Works and the Fire District. Access to Adjoining Property: Proof of Access B. Applicant shall furnish proof to the Public Works Department 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. 19 Applicant shall furnish proof to the Public Works Department that legal access to the subject property is available from Franklin Canyon Road. Encroachment Permit: 20. Applicant shall obtain an encroachment permit, if necessary, from the Application and Permit Center for any work done within the right of way of Franklin Canyon Road. Abu-tter's Rights 21 Applicant shall relinquish abutter's rights of access along the project frontage of Franklin Canyon Road. Access from Franklin Canyon Road to the subject parcels shall exclusively be via Wolcott Lane. Sight Distance: 22. Applicant shall provide adequate sight distance at all driveway and private road intersections with Franklin Canyon Road for a through traffic design speed of 55 miles per hour. Landscaping, walls, 10 of 14 fences, signs, or any other obstructions shall be placed to maintain adequate sight distance. Road Dedications: 23. Applicant shall convey to the County,by Offer of Dedication, 10 feet of right of way necessary for the planned future width of 60 feet along the project frontage of Franklin Canyon Road. Maintenance of Facilities: 24. Applicant 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 any private roadways used for access. Street Lights: 25. Applicant 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 the Parcel 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. Annexation into CSA.L-100 does not include the transfer of ownership and maintenance of street lighting on private roads. Utilities/Undergrou n ding: 26. Any new utility distribution facilities shall be installed underground. Drainage Improvements: Collect and Convey 27. Collect and convey all storm water entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to an adequate 11 of 14 natural :watercourse, in accordance witii Division 914 of the Ordinance Code. Exception Applicant shall be permitted an exception from the collect and convey requirements of the County Ordinance Code due to the large size of the proposed parcels,provided that there are no known drainage problems on-site or immediately downstream, the existing drainage pattern is maintained, and additional concentrated storm water runoff is not discharged onto adjacent properties. Provision "C.3" of the NPDES Permit 28. In compliance with the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). The application was deemed complete prior to August 15, 2006 and proposes less than one acre of impervious surface area (43,560 square feet), which is the threshold for submittal of a SWCP. However, this project is required to incorporate storm water quality elements to the Maximum Extent Practicable (MEP). This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self retaining areas and include other Best Management Practices to the MEP. National Pollutant Discharge Elimination System (NPDES): 2. 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 or Central Valley Region). Compliance will include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, where feasible, some or all of the following long term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: - Minimize the amount of directly connected impervious surface area. - Stencil advisory warnings on all catch basins. 12 of 14 - Slope pavements to direct runoff to landscaped/pervious areas, where feasible. Shallo�.> roadside and on-site swales Distribute public information items regarding the Clean Water Program to buyers. Other alternatives as approved by the Public Works Department. ADVISORY NOTES A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. a. 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 exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. b. The ninety (90) day period in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this 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 90 days of the approval date of this permit. B. The applicant/owner should be aware of the expiration dates and renewing requirements prior to recording the Parcel Map, C. Comply with the requirements of the Contra Costa County Fire Protection District. D. Comply with the requirements of the Building Inspection Department. Pen-nits are required prior to grading and construction. E. Comply with the requirements of the County Environmental Health Department. F. This project is subject to the fees in effect under County Ordinances as of May 12, 2004, the date the tentative map was accepted as complete by the Community Development Department. These fees are in addition to any other development fees which may be specified in the conditions of approval. 13 of 14 The fees include but are not limited to the folio«ving: Park Dedication 52000 per residence. Child Care S 400 per residence G. Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Martinez Area of Benefit as adopted by the Board of Supervisors. This fee must be paid prior to issuance of a building permit. 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. A Fish and Game fee in the amount of$1,250 is due. 1. 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. Portions of the subject property are located in a Special Flood Hazard Area as designated on the Federal Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. 14 of 14 Agenda Item# °¢7 Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY NOVEMBER 14. 2006 1. INTRODUCTION ARTHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (Applicants and Owners) County File #'s RZ00-3096 and MS05-0050: This is a request to reconsider the rezoning and minor subdivision previously approved by the Commission on October 10, 2006. The project consists of a request to rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acre and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A-4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7-foot where 20-foot is the minimum required. The property is located at 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. (Zoning: A-4) (ZA:F10,Fll and G10,G11) (CT: 3180/3560.02) (APN: 368-030-005 and 368-030-011). II. BACKGROUND This application was approved on the October 10, 2006, County Planning Commission public hearing. The Commission voted unanimously to approve the Minor Subdivision, County File #MS05-0050 and recommended approval of RZ00-3096 to the Board of Supervisors. This is a request to reconsider these applications due to the fact that a condition of approval was inadvertently omitted from the staff recommended Conditions of Approval. As shown on the Tentative Map, the property has a total of three residential units. Currently, the property is zoned Agricultural Preserve District, A-4. This zoning allows one residence for every 40 acres. A land use permit, County File #LP86- 2021 was approved in August of 1986 to allow a third residence on the property. The applicant is proposing to divide the 154-acre parcel into two 5-acre parcels and a remainder. One residence will remain on proposed Parcel A and two residences would remain in proposed Parcel B. The applicant is proposing to rezone a portion of the property (approximately 10 acres of the southern portion) from A-4 zoning (40-acre minimum) to A-2, General Agricultural District (5-acre minimum). According to the A-2 Zoning District and its respective General Plan designation of Agricultural Lands (AL), one residence is the maximum allowed per 5 acres. Allowing two residences to remain on a 5-acre parcel would be a conflict with the current General Plan and the proposed zoning for the site. In order to remedy this inconsistency, staff is recommending that the Planning Commission reconsider these items at the next Commission meeting on November 28, 2006. Agenda Item # Community Development Contra Costa County CONTRA COSTA COUNTY PLANNING COMMISSION TUESDAY OCTOBER 10, 2006 I. INTRODUCTION ARTHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (Applicants and Owners) County File #'s RZ00-3096 and MS05-0050: Rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acre and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A-4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7- foot when 20-foot is the minimum required. The variance is necessary because the creation of new line that will allow division of parcel A and Parcel B. The proposed Parcels meet all the square footage and average of the width and depth as required in the A-2 Zoning District. The property is located at 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. (Zoning: A-4) (ZAT10,1711 and G10,G11) (CT: 3180/3560.02) (APN: 368-030-005 and 368-030-011). II. RECOMMENDAT-ION , A. Adopt the Negative Declaration as the adequate document for this project and and find that it was prepared consistent with the California Environmental Quality Act(CEQA) and the State and County CEQA Guidelines. B. Adopt a motion to recommend that the Board of Supervisors approve the rezoning of the 10. 4 acres from Agricultural Preserve (A-4) to General Agricultural (A-2) C. Approve the Vesting Tentative Map, County File #MS05-0050 subject to the attached findings and conditions of approval. The approval of the vesting tentative is subject to the Board's approval of the Rezoning. III. GENERAL INFORMATION A. General Plan Designation: Agricultural Lands, AL B. Zonin : Agricultural Preserve, A-4 C. CEQA: According to CEQA guidelines, a Negative Declaration was prepared for this project. A Notice of Intent was posted for public review from August 22, 2006 until September 21, 2006 S-2 D. RegulatoryPrograms: 1. Active Fault Zone: The subject site is not in an active fault zone. 2. Fault Hazard Area: The site is within flood zone "C" of minimal flooding. A small portion of the site lies within the A flood zone. 3. 60dBA Noise Control: the project site is not located within a 60 dBA noise control area. IV. SITE/AREA DESCRIPTION The site is in the Franklin Hills area, approximately 1.5 miles southwest of the downtown Martinez area and 5 miles east of Hercules. The site is approximately 1,000 feet south of State Route 4, and located on the crest of a knoll at an elevation of approximately 700 feet. Surrounding land uses consists of similar sized parcels used as low density residential and for agricultural purposes. V. BACKGROUND: In October of 2000, the applicants applied for a rezoning application with a request (County File#RZ00-3096) to rezone the entire 141 acres from A-4 to A-2. The applicant was informed that the northern portion of the site, approximately 56 acres, is within the Port Costa area of the County. The Port Costa Policy of the County Land Use Element limits parcel sizes to a 20-acre minimum. The site is also located outside of the Urban Limit Line. Rezoning of the northern portion of the site from A-4 to A-2 is inconsistent with the Port Costa Policy. In 2004, the applicants applied for a Pre-application review (PR04-0017) to consider rezoning and division of the site into three parcels, approximately one acre each, and a remainder of 95 acres. The applicant was informed that both the General Plan (Agricultural Lands) and proposed rezoning (General Agricultural) requires parcels with a minimum of 5 acres. Finally, in December of 2005, the applicant applied for a subdivision County File (#MS05-0050) to allow a two five acre parcels along the southern portion of the site and a 139-acre remainder. The rezoning application is now concurrently reviewed with the minor subdivision to allow rezoning of the southern portion of the site (10.4 acres) from A-4 to A-2. The Williamson Act Contract of this property has expired since 1990. S-3 VI. PROPOSED PROJECT The applicant is requesting to rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels. (Parcel A will equal 5.0 acre and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A- 4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7-foot when 20-foot is the minimum required. The variance is necessary because the creation of new line that will allow division of parcel A and Parcel B. The proposed Parcels meet all the square footage and average of the width and depth as required in the A-2 Zoning District. VII. AGENCY COMMENTS No comments were provided by the East Bay Regional Park District, County Building Inspection Department, City of Pinole, City of Martinez, California Department of Fish and Game, City of Hercules, Contra Costa County Sheriff Office Administration & Community Services, and Muir Heritage Land Trust. All of the agency correspondences received are attached to this staff report for your review. A. Public Works Department, Engineering Division Memorandum dated August 29, 2006 includes a list of recommended conditions which are part of the Condition of Approval of this report. B. Contra Costa County Fire Protection District: A letter dated January 9, 2006, includes standard fire district requirements such as to provide all-weather driving surfaces of not less than 20 feet unobstructed width; access road not to exceed 16% and a minimum turning radius of 35 feet. C. State of California Public Utilities Commission: A letter dated September 18, 2006 states that the applicant should consider safety factors such as planning for grade separations for major thoroughfares, improvements to existing at-grade highway-rail crossings due to traffic volumes and appropriate fencing to limit access of trespassers onto the railroad right-of-way. Staff Response: The A.T. & S.F railroad is located immediately south and west but outside of the subject.property. Due to the nature of the project, there should be no impact on the safety of the railroad. If further development/subdivision is proposed for the site, safety consideration will be given to the existing railroad. VIII. PUBLIC COMMENTS No public comments were received during the application process of this project nor during the public comment period of the environmental review. S-4 IX. STAFF ANALYSIS/DISCUSSION A. General Plan: The General Plan Designation for the site is Agricultural Lands, AL. The northern portion of the site includes 56.5 acres located north of State Route 4. This parcel is designated under the Land Use Element of the County General Plan as "Policies for the Port Costa Area". Policy 3-154(a) establishes a twenty-acre minimum parcel size. This policy translates into A-20, Exclusive Agricultural Zoning District. This portion of the site is part of the proposed 139-acre remainder and with no development proposal at this time. The 10.4-acre southern portion of the site is located outside of the Port Costa restricted area. B. Zoning: The site is zoned Agricultural Preserve, A-4. The applicant is proposing to rezone 10.4-acre portion from A-4 to A-2 and subdivide the 10.4-acre portion into two parcels, each approximately 5 acres. The applicant has filed for non renewal of the Williamson Act Contract and the site is no longer part of the Williamson Act Contract. The proposed rezoning and subdivision is consistent with the existing general plan designation (Agricultural Lands) and consistent with the rezoning (General Agricultural) as proposed to be modified. C. Drainage/Stormwater Management Requirements: The applicant will be granted an exception from the drainage requirements of the County Ordinance Code as long as it is provided that there are no known drainage problems on-site or immediately downstream; the existing drainage pattern is maintained; and additional concentrated storm water runoff is not discharged onto adjacent properties. In compliance with the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan (SWCP). The application was deemed complete prior to August 15, 2006 and proposes less than one acre of impervious surface area (43,560 square feet), which is the threshold for submittal of a SWCP. Nonetheless, this project is required to incorporate storm water quality elements to the Maximum Extent Practicable (MEP). This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self retaining areas and include other Best Management Practices to the MEP. X. CONCLUSION The proposed subdivision is consistent with the General Plan and proposed Zoning regulations. The subdivision and rezoning will not result in significant environmental impacts. Therefore, staff recommends approval of the MS05-0050 and recommend that the Commissioners adopt a motion to recommend that the Board of Supervisors approve the rezoning of the 10. 4 acres from Agricultural Preserve (A-4) to General Agricultural (A-2) AGENCY CORRESPONDENCE STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor PUBLIC UTILITIES COMMISSION 505 VAN NESS AVENUE SAN FRANCISCO,CA 94102-3298 6 September 18, 2006 Telma Moreira Contra Costa County 651 Pine Street Martinez, CA 94553 Dear Ms. Moreira: Re: SCH #2006082112; RZ00-3096 &MS05-0050 As the state agency responsible for rail safety within California, we recommend that any development projects planned adjacent to or near the rail corridor in the County be planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections,but also at at-grade highway-rail crossings. This includes considering pedestrian circulation patterns/destinations with respect to railroad right-of-way. Safety factors to consider include,but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at-grade highway-rail crossings due to increase in traffic volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of- way. The above-mentioned safety improvements should be considered when approval is sought for the new development. Working with Commission staff early in the conceptual design phase will help improve the safety to motorists and pedestrians in the County. If you have any questions in this matter,please call me at (415) 703-2795. Very truly yours, G Kevin Boles Utilities Engineer Rail Crossings Engineering Section Consumer Protection and Safety Division cc: John Stilley, BNSF At— Contra t Contra Costa County Fire Protection District Fire Chief KEITH RICHTER January 9, 2006 Ms. Telma Moreira Contra Costa County Community Development Department 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553 Subject: MS05-0050; Minor Subdivision — 7G n n_ r ^� > 2610, c6A r" 2670 Franklin Canyon Road, Martinez CCCFPD Project No. 103403 Dear Ms. Moreira: We have reviewed the vesting tentative map application to establish a two (2)-lot subdivision and one (1) remainder 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. Development on any Parcel (A-B or remainder) in this subdivision shall be subject to review and approval by the Fire District. 2. Provide access roadways with all-weather driving surfaces of not less than 20 feet unobstructed width, and not less than 13 feet 6 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 35 feet, and must be capable of supporting the imposed loads of fire apparatus, i.e., 22 tons. (902.2) CFC, 22500.1 CVC NCtc: Access rvad;, of t%sS ioiaii 28 i&Ci unobstrucied wid'Ui shall have ;,N;O PARKING– FIRE LANE"signs posted or/and curbs painted red with the words "NO PARKING– FIRE LANE"clearly marked. Access roads of 28 feet or greater but less than 36 feet unobstructed width shall have "NO PARKING– FIRE LANE"signs posted, allowing for parking on one side only, or/and curbs painted red with the words "NO PARKING– FIRE LANE"clearly marked. Access roads 36 feet or greater of unobstructed width allow for parking on both sides. 3. Dead-end Fire District access roads in excess of 150 feet long shall be provided with approved provisions for the turning around of Fire District apparatus. (902.2.2.4) CFC 2010 Geary Road-Pleasant Hill, California 94523-4619-Telephone(925)941-3300-Fax(925)941-3309 East County -Telephone(925)757-1303 - Fax(925)941-3329 West County -Telephone(510)374-7070 www.cccfpd.org CCCFPD Project No. 103403 -2- January 9, 2006 4. The access gates for Fire District apparatus shall be a minimum of 20 feet wide. Electrically operated gates shall be equipped with a Knox Company key-operated switch. Manually operated gates shall be equipped with a non-casehardened lock or approved Fire District lock. Contact the Fire District for information on ordering the key- operated switch. (902.2.4) CFC. 5. Approved access roads shall be installed, in service, and inspected by the Fire District prior to construction or combustible storage on site. Call (925) 941-3323 to schedule an inspection, minimum two working days advanced notice is required. (8704.1) CFC 6. Approved premises identification shall be provided. Such numbers shall contrast with their background and large enough to be readily visible from the street. (901 .4.4) CFC 7. The developer shall submit three (3) copies of site improvement plans indicating fire apparatus access and turnaround area for review and approval prior to construction. (902.2.2.1) CFC 8. The developer shall submit a 300' scale map indicating all parcels and if previously assigned, the corresponding addresses for each parcel. 9. All proposed single-family homes that are not supplied by a municipal water source shall be protected with automatic fire sprinkler systems in conformance with NFPA 13-D, due to the lack of hydrants or adequate water for fire suppression. Well water service shall be capable of supplying the minimum fire sprinkler demand for each proposed dwelling, including an additional 5 GPM for domestic use. (1003.1) CFC, Contra Costa County Fire Protection District Rural Residential Water Supply Requirements Note: If proposing to use well water to supply fire sprinkler system, submit current well capacity documentation as prepared by a licensed water well drilling and pumping contractor. Documentation shall clearly show the well is capable of supplying the above requirements. If the well is incapable of providing the minimum fire sprinkler demand, plus 5 GPM for domestic use, a minimum 5,000 gallons reserve water supply tank is required per dwelling of up to 5,000 s.f. (8,000 gallons per dwelling if more than 5,000 s.f.). Contact the Fire District for rural water supply requirements. The applicant shall submit three (3) sets of fire sprinkler plans, hydraulic calculations, and well specifications to the Fire District for review and approval prior to installation. Should a water supply tank be required, also submit three (3) sets of the following: tank specifications and plans, tank location site plans, and fire pump specifications. Plan review fees will be assessed at that time. 10. The developer shall provide roof coverings with a minimum Class A rating. Untreated wood shake or shingles are not allowed. (1503) T-24, CCR CCCFPD Project 103403 -3- January 9, 2006 11. The homeowner shall maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet of buildings or structures. (Appendix II-A, Section 16.1) CFC, (1276.01) P.R.C. 12. Where open space is maintained for public or private use, the developer shall provide access into these areas from the public ways. These access ways shall be a minimum .16 feet width to accommodate fire department equipment. All open spaces, when left in their natural state, shall meet the Fire District's weed abatement standards. Contra Costa County Ordinance 2002-32, Article 14, section 1401.1 13. Submit plans to: Contra Costa County Fire Protection District 2010 Geary Road Pleasant Hill, CA 94523 It is requested that a copy of the conditions of approval for the subject project be forwarded to this office when compiled by your agency. If you have any questions regarding this matter, please contact this office at (925) 941-3300. Sincerely, DeAnna Fister Fire Prevention Technician DF/nlr c: Lea & Sung Engineering, Inc. 2495 Industrial Parkway West Hayward, CA 94545 Attachments: CCCFPD Rural Residential Water Supply Requirements File: Franklin Canyon Road Martinez 103403.Itr PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: August 29,2006 TO: Telma Moreira, Senior Planner, Community Development Department FROM:Keith Hoey,Engineering Staff,Engineering Services Division SUBJECT: SUBDIVISION MS 05-0050 STAFF REPORT&CONDITIONS OF APPROVAL (Shirley Pacheco/Franklin Canyon Road/Martinez/AP#368-030-005, 01 l) FILE: MS 05-0050 We have reviewed the revised Vesting Tentative Map received by your office on June 16,2006 and submit the following Staff Report and Conditions of Approval: Background The applicant proposes to subdivide an approximately 149.4-acre property (currently two parcels) into two parcels and a remainder parcel on the north side of Franklin Canyon Road, west of Wolcott Lane, in the unincorporated Martinez area. The remainder parcel will be approximately 139 acres in size and will be bisected by State Route 4. There are several existing structures located on the southeast portion of the subject property. A Preapplication Review (PR 04-0017)was previously submitted for this parcel and our prior comments dated June 14, 2004 have been incorporated into this staff report and conditions of approval, as applicable. Traffic and Circulation The subject parcel fronts on Franklin Canyon Road, which has a current pavement width of 26 feet within a 40-foot right of way and a planned future width of 40 feet of roadway within a 60-foot wide right of way. The applicant shall dedicate 10 feet of right of way along the project frontage of Franklin Canyon Road, with the exception of the remainder parcel, for the ultimate planned right of way width of 60 feet to accommodate any road widening or improvements in the future. Pavement widening will not be required at this time due to the agricultural zoning of this project. If necessary, the applicant shall improve any private roads and driveways used to access the subject property to meet County rural road and driveway design standards, respectively, subject to the review of Public Works and the Fire District. No requirements stated herein shall apply to the remainder parcel, which is not considered a part of the project. Drainage The applicant shall be granted an exception from the drainage requirements of the County Ordinance Code due to the large size of the proposed parcels, provided that there are no known drainage problems on-site or immediately downstream, the existing drainage pattern is maintained, and additional concentrated storm water runoff is not discharged onto adjacent properties. Stormwater Management In compliance with the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan(SWCP).The application was deemed complete prior to August 15,2006 and proposes less than one acre of impervious surface area(43,560 square feet), which is the threshold for submittal of a SWCP. However,this project is required to incorporate storm water quality elements to the Maximum Extent Practicable(MEP).This must include efforts to limit new impervious surface area, limit directly connected impervious areas, provide for self retaining areas and include other Best Management Practices to the MEP. KH C:\DOCLTN E-1\TMoreira\LOCALS-1\Temp\notesBAAA25\MS05-0050_COA.doc cc: B.Balbas,Engineering Services E.Whan,Engineering Services M.Sen,Engineering Services Shirley Pacheco,2670 Franklin Canyon Road,Martinez,CA 94553 PUBLIC WORKS RECOMMENDED CONDITIONS OF APPROVAL FOR SUBDIVISION MS 05-0050 Applicant shall comply with the requirements of Title 8, Title 9, and,Title 10 of the County Ordinance Code. Any exceptions must be stipulated in these conditions of approval. Conditions of Approval are based on the Revised Vesting Tentative Map received by the Community Development Department on June 16, 2006. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO RECORDATION OF THE PARCEL MAP: • 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 Vesting Tentative Map received by the Community Development Department on June 16,2006. • Improvement plans prepared by a registered civil engineer shall be submitted, if necessary, to the Public Works Department, Engineering Services Division, along with review and inspection fees, and security for all improvements required by the County 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. Frontage Improvements(Franklin Canyon Road): • Applicant shall construct curb, sidewalk, and any necessary longitudinal and transverse drainage, street lighting, and pavement widening and transitions along the frontage of Franklin Canyon Road. Exception Applicant is granted an exception from the construction of frontage improvements or any road widening on Franklin Canyon Road due to the large parcels involved; the agricultural zoning; and the nature of this project. Roadway Improvements(On-Site): • Applicant shall construct or improve the on and off-site roadway system from Franklin Canyon Road to current County rural private road standards with a minimum traveled width of 20 feet, with 2 foot wide shoulder backing, within at least a 30 foot wide access easement in accordance with the Policy on Private Rural Road Design Standards, subject to the review of Public Works and the Fire District. Access to Adjoining Property: Proof of Access • Applicant shall furnish proof to the Public Works Department 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. • Applicant shall furnish proof to the Public Works Department that legal access to the subject property is available from Franklin Canyon Road. Encroachment Permit • Applicant shall obtain an encroachment permit, if necessary, from the Application and Permit Center for any work done within the right of way of Franklin Canyon Road. . Abutter's Rights • Applicant shall relinquish abutter's rights of access along the project frontage of Franklin Canyon Road. Access from Franklin Canyon Road to the subject parcels shall exclusively be via Wolcott Lane. Sight Distance: • Applicant shall provide adequate sight distance at all driveway and private road intersections with Franklin Canyon Road for a through traffic design speed of 55 miles per hour. Landscaping, walls, fences, signs, or any other obstructions shall be placed to maintain adequate sight distance. Road Dedications: • Applicant shall convey to the County, by Offer of Dedication, 10 feet of right of way necessary for the planned future width of 60 feet along the project frontage of Franklin Canyon Road. Maintenance of Facilities: • Applicant 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 any private roadways used for access. Street Lights: • Applicant 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 the Parcel 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. Annexation into CSA L-100 does not include the transfer of ownership and maintenance of street lighting on private roads. Utilities/Undergrounding: • Any new utility distribution facilities shall be installed underground. Drainage Improvements: Collect and Convey • Collect and convey all storm water entering and/or originating on this property, without diversion and within an adequate storm drainage facility, to an adequate natural watercourse having a definable bed and banks, or to an existing adequate public storm drainage facility which conveys the storm waters to an adequate natural watercourse, in accordance with Division 914 of the Ordinance Code. Exception Applicant shall be permitted an exception from the collect and convey requirements of the County Ordinance Code due to the large size of the proposed parcels, provided that there are no known drainage problems on-site or immediately downstream, the existing drainage pattern is maintained, and additional concentrated storm water runoff is not discharged onto adjacent properties. Provision "C.3" of the NPDES Permit • In compliance with the County's Stormwater Management and Discharge Control Ordinance, it has been determined that this project does not require submittal of a Stormwater Control Plan(SWCP). The application was deemed complete prior to August 15,2006 and proposes less than one acre of impervious surface area(43,560 square feet),which is the threshold for submittal of a SWCP. However,this project is required to incorporate storm water quality elements to the Maximum Extent Practicable(MEP). This must include efforts to limit new impervious surface area,limit directly connected impervious areas,provide for self retaining areas and include other Best Management Practices to the MEP. National Pollutant Discharge Elimination System (NPDES): • 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 or Central Valley Region). Compliance will include developing long-term best management practices (BMP's) for the reduction or elimination of storm water pollutants. The project design shall incorporate, where feasible, some or all of the following long term BMP's in accordance with the Contra Costa County Clean Water Program for the site's storm water drainage: - Minimize the amount of directly connected impervious surface area. - Stencil advisory warnings on all catch basins. - Slope pavements to direct runoff to landscaped/pervious areas, where feasible. - Shallow roadside and on-site swales - Distribute public information items regarding the Clean Water Program to buyers. - Other alternatives as approved by the Public Works Department. Advisory Notes • Comply with the Bridge/Thoroughfare Fee Ordinance requirements for the Martinez Area of Benefit as adopted by the Board of Supervisors.This fee must be paid prior to issuance of a building permit. • 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. • 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. • Portions of the subject property are located in a Special Flood Hazard Area as designated on the Federal Flood Insurance Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance (Ordinance No. 2000-33) as they pertain to future construction of any structures on this property. NEGATIVE DECLARATION Cv m ri i u n ity Contra Commis M.same,aiP Community Development Director Development Carta Department County I County Administration Building ! I I 651 Pine Street 1GL_tea,; 4th Floor, North Wing Martinez, California 94553-0095 ___11.AN AUG 2 2. 200 GI — Phone: �.y\- � / I S. �� ` i� �YCLEr�E� (925) 335-1217 �,�.r��,,_ �I,6t( COUNTY'�- 'COSJ A COUNTY August 22, 2006 C g: r , UEPUTY f't NOTICE OF PUBLIC REVIEW AND INTENT TO ADO1 T AI,kOPgSED NEGATIVE DECLARATION County File No. RZ00-3096 and MS05-0050 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: PROJECT NAME: Rezoning and Subdivision of 10.4 acres Plus 139 acres as Remainder County File #RZ00-3096 and #MS05-0050 APPLICANT: Arthur and Shirley Pacheco and Marjorie Wolcott Moore. 2670 Franklin Canyon Road. Martinez LOCATION: 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. Parcel No. 368-030-005 and 011 DESCRIPTION: Rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acres and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A-4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7-foot when 20-foot is the minimum required. The variance is necessary because the creation of new line that will allow division of parcel A and Parcel B. The proposed Parcels meet all the square footage and average width and depth as required in the A-2, General Agricultural Zoning District. Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. Office is closed the 1 st, 3rd & 5th Fridays of each month SURROUNDING USE/SETTINGS: The site is in the Franklin Hills, approximately 1.5 miles southwest of the downtown Martinez area and 5 miles east of Hercules. Figure 2 is a portion of the USGS Benecia and Walnut Creek 7.5-Minute Quadrangle maps. The site is approximately 1,000 feet south of State Route 4, and located on the crest of a knoll at an elevation of approximately 700 feet. Surrounding land uses consists of similar sized parcels used as low density residential and with some agricultural purposes. ENVIRONMENTAL EFFECTS: 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. The proposed rezoning/subdivision will not result in significant environmental impacts. Public Comment Period- The Period for accepting comments on the adequacy of the environmental documents extends to Thursday, September 21, 2006, at 5:00 P.M. Any comments should be in writing and submitted to the following address: Name: Telma Moreira, Project Planner(925) 335-1210 Community Development Department Contra Costa County 651 Pine Street, North Wing, 4°i Floor Martinez, CA 94553 It is anticipated that the proposed Negative Declaration will be considered for adoption at a meeting of the Zoning Administrator on late September 2006 (meeting and date to be scheduled). The hearing is anticipated to be held at the McBrien Administration Building Room 107, Pine and Escobar Streets, Martinez. Telma Moreira Senior Planner cc: County Clerk's Office (2 copies) 2 of 2 Environmental Checklist Form 1. Project Title: " Rezoning and Subdivision of 10.4 acres Plus Remainder. County File #RZ00-3096 and #MS05- 0050 2. Lead Agency Name and Address: Contra Costa County Community Development Dept. 651 Pine Street, 2nd Floor,North Wing Martinez, CA. 94553 Attn: Telma Moreira 3. Contact Person and Phone Number: Telma Moreira (925) 335-1217 4. Project Location: 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. Parcel No. 368-030-005 and 011 5.Project Sponsor's Name and Address: Arthur and Shirley Pacheco and Marjorie Wolcott Moore. 2670 Franklin Canyon Road. Martinez 6. General Plan Designation: Al, Agricultural lands 7. Zoning: A-4, Agricultural Preserve 8. Description of Project: Rezone approximately 10.4 acres from A-4, Agricultural Preserve to A-2, General Agricultural and subdivide the 10.4 acres into two parcels (Parcel A will equal 5.0 acre and Parcel B will equal 5.4 acres) plus a remainder of approximately 139 acres. Proposed remainder will continue its original Zoning of A-4, Agricultural Preserve. There is no development proposed as part of the subdivision application. A variance is requested to allow existing sheds located in Parcel A and B with a side yard of zero foot and 7-foot when 20-foot is the minimum required. The variance is necessary because the creation of new line that will allow division of parcel A and Parcel B. The proposed Parcels meet all the square footage and average of the width and depth as required in the A-2 Zoning District. 9. Surrounding Land Uses and Setting: The site is in the Franklin Hills, approximately 1.5 miles southwest of the downtown Martinez area and 5 miles east of Hercules. Figure 2 is a portion of the USGS Benicia and Walnut Creek 7.5-Minute Quadrangle maps. The site is approximately 1,000 feet south of State Route 4, and located on the crest of a knoll at an elevation of approximately 700 feet. Surrounding land uses consists of similar sized parcels used as low density residential and for agricultural purposes. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Building Inspection, and Public Works Department, Consolidated Fire Department. 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 Geological Problems _ Biological Resources Systems Water Quality _ Energy & Mineral _ Aesthetics Air Quality Resources _ Cultural Resources Mandatory Findings of _ Hazards Recreation Significance _ Noise 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. 8/22/2006 Signature Date Telma Moreira Senior Planner Contra Costa County Community Development Department 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 2nd Floor-North Wing, Martinez) were consulted: 1. Contra Costa County Zoning Ordinance 2. Revised Vesting Tentative Map dated June 16, 2006 3. Contra Costa County General Plan, 2005-2020 4. Contra Costa County Resource Mapping System- Benicia Quad sheet panels , CA 5. Contra Costa County Important Farmland Map 2002 6. Public Agency Comments 7. Contra Costa County Rare Endangered and Unique Plants and Animals Map 8 Cortese List EVALUATION OF ENVIRONMENTAL IMPACTS: Potential h, Significant Potentially Unless Less Than Significant Mitigation Significant No Irn=act Incorporated Impact Intact I. AESTHETICS—Would the project: a: Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and X historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? X d. Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? X Summary of Comments: The CEQA Guidelines indicate that a project will normally have significant adverse visual' impacts if it would: • Have a substantial, adverse effect on a scenic vista; • Substantially damage scenic resources, including, but not limited to, trees, rock outcropping, and historic buildings within a state scenic highway; • Substantially degrade the existing visual character or quality of the site and its surroundings; or • Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area. The Transportation and Circulation Element of the General Plan indicates that State Route 4 is a scenic highway (page 5-33); scenic route policies and implementation measures are presented on page 5-32 (see Policies 5-34 through 5-43). These policies are intended to preserve and enhance attractive natural qualities adjacent to the various scenic roads throughout the County. The site already has three existing detached single-family residences. Uses that are allowed on the remainder 139 acres are the uses that normally are allowed under the A-4, Agricultural Preserve which are related to commercial agricultural production, including general farming, horticulture, etc..., and similar uses and the compatible uses as agreed between the County and the landowner at the time of entering into an agreement. All of the above mentioned uses are uses that the owner(s) of the land would have the rights to enjoy within the remainder regardless of the rezoning/subdivision of the site. There is no proposed development at this time. Because the site is located at a lower elevation and not visible from State Highway 4, there should be a less than significant impact on aesthetics. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Fact II. AGRICULTURAL RESOURCES a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? X b. Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c. Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? X Summary of Comments: The site is used as a low density residential and minor agricultural. There are horses located on the site however, not related to any commercial use. The site is located in the Briones Hills area. Policy 3-155 pertains to projects in the Briones Hills. It reads as follows: This plan strongly supports the intent of the Briones Hills Agricultural Preservation Area compact that was signed by the County and the cities of Martinez, Pleasant Hill, Walnut Creek, Lafayette, Orinda, Richmond, Pinole and Hercules in 1988. The compact states that the jurisdictions voluntarily agree not to annex'any lands within the 64 square mile area for the purpose of allowing urban development (see Figure 3-4). This rural area includes large properties owned by either the East Bay Municipal District or the East Bay Regional Park District, which was designated "Watershed" and "Parks and Recreation" on the General Plan land use map. The remaining properties are used for grazing cattle and are designated "Agricultural Lands". This plan anticipates that the area will remain in public and agricultural use during the planning period. The site is not involved with a Williamson Act contract nor is the site listed in the 2002 Contra Costa County Important Farmland Map. There is no additional development proposed for the smaller parcels of for the larger remainder. As proposed, the project should have no impact on agriculture. M. AIR QUALITY a. Conflict with or obstruct implementation of the applicable air quality plan? X b. Violate any air quality standard or contribute to an existing or projected air quality violation? X c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable X federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d. Expose sensitive receptors to substantial pollutant concentrations? X e. Create objectionable odors affecting a substantial number of people? X Summary of Comments: According to CEQA Guidelines, a project will normally have a significant adverse impact on air quality if it will violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. Short-term emissions and objectionable odors may be generated during project- related construction activity, however these effects are minor and temporary. In order to minimize impacts due to construction activities associated with future construction, the applicant is be responsible to ensure that contractors use properly tuned and muffled equipment and eliminate unnecessary idling of equipment when not in use. The implementation of dust control practices including general watering of exposed areas and/or use of chemical stabilizers will also minimize project-related air quality impacts during construction. With the implementation of these best management practices, the minor, negligible deterioration of ambient air quality during construction at the project site will have no potentially adverse long- term impacts to air quality. Because no development is proposed as pat of this application, or neither is certain if development will occur within the remainder, staff is not able to further comment on air quality impacts of the project. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Impact Impact IV. BIOLOGICAL RESOURCES—Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b. Have a substantial adverse effect on any 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 U.S. Fish and Wildlife Service? X C. Have a substantial adverse effect on 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? X d. Interfere substantially with the movement 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? X e. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? X f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? X Summary of Comments: The County resource Mapping System showed no unique, threatened, or endangered species of plants or animals in the project area. The proposed Parcel A and Parcel B sites have been partially developed because the existing residences, barn, stables, and storage sheds. The site is also located within an urbanized area of the County. There are not wetlands present on the subject site. 9 of 21 Potentially Sisnificant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Innact Impact Several mature trees are located within the site. There is no proposal for removal, alteration, or work within the dripline of any trees. Any development that occur within the proposed Parcels or within the remainder, that may affect protected trees, will require submittal of a tree permit application. Based on Section 66424.6 of the Subdivision Map Act further states that "The designated remainder shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required." Since the proposed 139 acres remainder is not considered a parcel, and no development is proposed, no detailed environmental review is warranted at this time. Any development on the site that would require a land use permit, as well as any subdivision of the remainder, would be a discretionary process which would therefore, trigger further environmental review under the California Environmental Quality Act. V. CULTURAL RESOURCES—Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 X b. Cause a substantial adverse change in the significance of an archaeological resource X pursuant to 15064.5? c. Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? X d. Disturb any human remains, including those interred outside of formal cemeteries? X Summary of Comments: In accordance with CEQA Subsection 15064.5(f), should any previously unknown historic or prehistoric resources, including but not limited to charcoal, obsidian or chert flakes, grinding bowls, shell fragments, bone, pockets of dark, friable soils, glass, metal, ceramics, wood or similar debris, be discovered during grading, trenching or other on-site excavation(s), earthwork within 100 feet of these materials shall be stopped until a professional archaeologist certified by the Registry of Professional Archaeologists (RPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), as determined necessary". Implementation of these practices will limit the potential archaeological resource impacts associated with construction to a level of less than significant. 10 of 21 Potentially Significant Potentially Unless Less Than significam Mitigation Significant No Impact Incorporated Impact Impact 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, 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. X 2. Strong seismic ground shaking? X 3. Seismic-related ground failure, including liquefaction? X 4. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X c. Be located on a geologic unit or soil that is 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? X d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1998), creating substantial risks to life or property? X e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? X Summary of Comments: The site is approximately 10.4 acres with an additional 139 proposed remainder. The site contains generally flat and very steep terrain that exceed 26%. Figure 10-1 identifies the geology of the site as Great Valley Sequence, which includes hard marine sandstone and shale and conglomerate. Foundation and slope stability conditions good subject to sliding where sheared, fractures or contorted. The site is not listed in the County General Plan Safety Element, Figure 10-9a, as a hazardous site; not listed in Figure 10-6 as a hazardous landslide area; and considered to have a generally low liquefaction potential according to Figure 10-5. Figure 10-4 shoes the site to have a low seismic damage susceptibility, and Figure 10-2 shows the site to be near potentially active 11 of 21 Potentially Significant Potentialh, Unless Less Than Significant Mitigation . Significant No Impact Incorporated Impact Impact earthquake fault area; however, Figure 10-4 (estimated Seismic Ground Response) identifies the site to be of hard bedrock and to have lowest damage susceptibility if slopes are stable. An earthquake of moderate to high magnitude generated in the San Francisco Bay region could cause considerable ground shaking at the site. The nearest know earthquake fault within the State special studies zone (Aquist-Priolo Earthquake Fault) is the Concord fault approximately 5 miles west of the site. The shaking effects on the structures will be mitigated with the use of sound engineering judgment and in accordance to the latest Uniform Building Code (UBC) requirements. As development is proposed, further geology review will be conducted to ensure safety of building and to ensure that they meet all of the County and State building regulations. The applicant will be advised that a geotechnical/geology report may be required prior to construction of additional structures within any of the proposed parcels and within the remainder. As already stated, there is no development proposed at this time and the project will have a less than significant impact on geology. VII. HAZARDS AND HAZARDOUS MATERIALS—Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? X b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of X hazardous materials into the environment? c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed X school? d. Be located on a site which is included on a 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 X public or the environment? e. For a project located within an airport land 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 X for people residing or working in the project area. f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard X for people residing or working in the project area? g. Impair implementation of or physically interfere 12 of 21 Potentia I Iv Significant Potentially unless Less Than Significant Mitigation Significant No Impact htcomorated Inmact Impact with an adopted emergency response plan or emergency evacuation plan? X h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are X intermixed with wildlands? Summary of Comments: The project will not create or emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school. The subject site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65862.5. The site is not located neat EPA designated "Brownfields" or other marginal industrial or commercial land uses. The site is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. Additionally, the project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. VIII. HYDROLOGY AND WATER QUALITY—Would the project: a. Violate any water quality standards or waste discharge requirements? X b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (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)? X C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? X d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner that would result in flooding on-or off- site? X 13 of 21 Potentially Significant Potentially unless Less Than Significant Mitigation Significant No Innoact Incorporated Im act Innnact e. Create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f. Otherwise substantially degrade water quality? X g. Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood X hazard delineation map? h. Place within a 100-year flood hazard area structures that would impede or redirect flood flows? X i Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j. Inundation by seiche,tsunami, or mudflow? X Summary of Comments: The site is located within Flood Zoning C, of minimal flooding, while a smaller southern portion of proposed Parcel B is within Flood Zoning A. The County database shows the location of two creeks within the vicinity of the site. Franklin creek is located south of the subject property. A portion of Franklin creek is located along the southern center portion of the remainder. Frazer creek is located along the east but outside of the subject site. The remainder has a total of 139 acres. Sufficient space is available within the remainder for development without affecting the existing creek. Any development that occur within the remainder would have to comply with creek structure setbacks. See Creek Figure. Developer of the site would also be required to comply with all the County and State regulations regarding water impact and to collect and convey all water generated on the site. This is an analysis that will be carefully studied once a development is proposed. Best Management practices will be followed as part of any proposed development of project in accordance to County regulations. As proposed, the project will have less than significant impact on hydrology and water quality. 14 of 21 Potentially Significant Potentially Unless Less Than Significant Mitigation SiRMficant No Impact htcomorated Iniyact Impact IX. LAND USE AND PLANNING—Would the project: a. Physically divide an established community? X b. Conflict with any applicable land use plan,policy, or the 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? X c. Conflict with any applicable habitat conservation plan or natural community conservation plan? X Summary of Comments: Existing Parcel 368-030-005 (approximately 56.4 acres) is located north of the Highway while Parcel 368-030-011 (approximately 92 acres) is located south of the Highway. Note that APN 368-030-005 & -011 were not legally established as separate parcels. (For the purposes of paying taxes, the Assessor's Office assigned two parcel numbers). Proposed Parcel A and B will total 10-4 acres and the total remainder would be 139 acres. The rezoning from A-4 to A-2 only applied to proposed parcel A and Parcel B. The proposed 139 remainder will continue its original zoning as A-4. Uses permitted in the A-2 district shall be as follows: (1) All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, dairying, livestock production,fur farms,poultry raising, animal breeding, aviaries, apiaries, forestry, and similar agricultural uses; (2) Other agricultural uses, including the erection and maintenance of sheds, warehouses, granaries, dehydration plants, hullers, fruit and vegetable packing plants, and agricultural cold storage plants on parcels at least ten acres in size and buildings for the storage of agricultural products and equipment; (3) A stand not exceeding two hundred square feet for sale of agricultural products grown on the premises. The stand shall be set back at least twenty-five feet from the front property line; (4) A detached single-family dwelling on each parcel and the accessory structures and uses normally auxiliary to it; (5) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license)for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons. (6) A family day care home where care, protection and supervision of twelve or fewer children in the provider's own home are provided for periods of less than M)enh%four hours per 15 of 21 Potentialh- Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact day, while the parents or guardians are away. (Ords. 94-28 § 2, 86-43 ¢ 13, 68-25 §2. 1968, 1569, 1535, 1533:prior code ¢'8156(a): Ord. 1406). As described under Section 66424.6 of the Subdivision Map Act further states that "The designated remainder shall not be counted as a parcel for the pu7pose of determining whether a parcel or final map is required. " Since the proposed 139 acres remainder is not considered a parcel, and no development is proposed, no detailed environmental review is warranted at this time. As discussed under the first issue, any development on the site that would require a land use permit, as well as any subdivision of the remainder, would be a discretionary process which would therefore, trigger review under the California Environmental Quality Act. There is no proposed development and no impact to existing trees. Three detached residential units are currently located within Parcel 368-030-011. One single-family residence is located on proposed Parcel A, and two single-family residences are located on proposed Parcel B. If approved, the A-2, General Agricultural zoning and General Plan Al, Agricultural Lands, only allows one single family residence per five acres. The current Second Unit Ordinance allows for the establishment of a second unit (not to exceed 1,000 square feet). The applicant was informed that prior to recordation of the proposed Parcel A and Parcel B, the applicant will be given the option to 1) provide evidence that residence was legally built prior to 1947, 2)apply for a Second Unit application with the Community Development Department, or 3) demolish residence. The existing single-family residence located north east of Proposed Parcel B, does not seem to exceed more than 700 sq. ft. With the creation of proposed Parcels A and B, a new line would be created between these two new parcels therefore, causing the need for a side yard variance for the existing sheds. The approximately 600 sq. ft shed located immediately north of proposed Parcel B boundary line has apparently a zero foot-setback side yard. Existing shed immediately south of proposed Parcel A (approximately 360 sq. ft.) appear to be about 7 feet from the side. Both sheds provide the required 25-foot front setback. A variance is required to allow the existing sheds with a side yard of zero and seven feet side yard when 20-feet is the minimum required. The applicant will be given the option to 1) demolish these structures, 2) relocate them so the required side yard can be observed, or 3) comply with the requirements of the County Building Inspection to ensure that all codes and regulations are applied for these structures. 16 of 21 Potentialh, Significant Potentially Unless Less Than Significant Mitigation significant No Inipacl hicomorated Impact lmnact X. MINERAL RESOURCES —Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b. Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? X Summary Comments: According to Figure 8-4 of the County Conservation Element (Mineral Resource Areas) the site is not identified as mineral resource area. There will be no impacts on mineral resources. XI. NOISE—Would the project result in: a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or X applicable standards of other agencies? b. Exposure of persons to, or generation of, excessive ground borne vibration or ground borne noise levels? X c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above X levels existing without the project? e. For a project located within an airport land 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? X f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise X levels? 17 of 21 Potential)\, Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Impact Impact Summary of Comments: CEQA indicates that a project will normally have a significant adverse impact if it causes a substantial increase in the ambient noise level in areas adjacent to the project site. The impact of noise that will be generated by the development of the site could trigger a substantial "temporary" increase in ambient noise levels in the project vicinity above levels existing without the project. Any development y that is proposed to occur on the site would be conditioned to the general standard construction hours of operation as established by Contra Costa County which requires construction activities to be limited from 7:30 am to 5:30 pm, Monday through Fridays and prohibited on weekend and holidays observed by the County. There is no proposed development at this time; however, should the applicant/owner opt to demolish any structure on the site, demolitions are also required to observe the same construction restriction requirements mentioned above. X11. POPULATION AND HOUSING—Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Summary of Comments: The proposed project is to allow division of two parcels which are partially developed as single- family residential units. As proposed, this project should induce substantial population growth, displace substantial number of existing housing, or displace substantial number of people necessitating the construction of replacements housing elsewhere. 18 of 21 Potentialh, Significant Potentially Unless Less Than Significant Mitigation Significant No Im act lncomorated Impact Impact 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? 1. Fire Protection? X 2. Police Protection? X 3. Schools? X 4. Parks? X 5. Other public facilities? X Summary of Comments: It is not anticipated that the project would result in substantial adverse physical impacts on public service facilities. Each site already has its own source of water and designated septic system. XIV. RECREATION a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b. Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? X Summary of Comments: As proposed, the project will have no impact on recreational facilities. XV. TRANSPORTATION/TRAFFIC—Would the project: a. Cause an increase in traffic that is 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 19 of 21 Potentialh, Significant Potentially Unless Less Than Significant Mitigation Significant No Inn3ac( Incorporated Inroad Intact at intersections? X b. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated X roads or highways? c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? X e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Summary of Comments: Access to the site is provide off a private 25-foot access road (on a north south direction) and another 20-foot wide private road is provided along the southern portion of the site (on a west east direction). A correspondence dated March 7, 2006, was received from the Contra Costa County Fire Protection District. The Fire District has a list of conditions which the applicant would have to comply and is in agreement that the existing driveway/roadway is acceptable to the proposed project. The applicant is required to comply with the Fire District conditions prior to obtaining a permit for the proposed project. Adequate parking is already provided for the three existing single-family residences. As proposed and conditioned, project should not conflict with any adopted policies or programs supporting alternative transportation. XVI. UTILITIES AND SERVICE SYSTEMS—Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control X Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c. Require or result in the construction of new storm water drainage facilities, the construction of 20 of 21 Potential) Significant Potentially Unless Less Than significant Mitigation Significant No Impact Incorporated Impact Impact which could cause significant environmental effects? X d. Have sufficient water supplies available serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e. Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f. Be served by a landfill with sufficient permitted capacity to accommodate the project's waste X disposal needs? g. Comply with federal, state and local statutes and regulations related to solid waste? X Summary of Comments: The project would impose a less than significant impact on utilities and services systems. XVII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade 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? X b. Does the project have impacts that are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c. Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? X 21 of 21 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incomorated Impact Impact Summary of Comments: The project will not have the potential to degrade 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. The project will not have impacts that are individually limited or cumulatively considerable. 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"n N 0 s Ny N 13 I �I 'P 0 G i 362190001 362190002 362190004 .•RAZER BRIAN B &KATHLEEN TRE WOOD CLARA L TRE BARTZ TROY L 4716 TAHOE CIR 866 MALIBU DR PO BOX 272861 MARTINEZ CA CONCORD CA CONCORD CA 94553 94518 94527 368010013 368010021 368020002 SCHWEMBERGER LAURIEADAIR VONSTIEFF FRED J & SHERRY J FRAZER JULIAN M &VIRGINIA TRE 2560 FRANKLIN CANYON RD 2481 PACHECO ST 2660 FRANKLIN CANYON RD MARTINEZ CA CONCORD CA MARTINEZ CA 94553 94520 94553 368020005 368020006 368020007 ROBINSON HARRY A &IRENE V ROBINSON HARRY A&IRENE V STEPHENS MARGARET C 2650 FRANBKLIN CANYON 2650 FRANKLIN CANYON RD 2600 FRANKLIN CANYON RD MARTINEZ CA MARTINEZ CA MARTINEZ CA 94553 94553 94553 368030005 368030008 368030009 PACHECO ARTHUR E&SHIRLEY TR PACHECO ARTHUR E&SHIRLEY TRE RAMMEL GEORGE A&PAMELA TRE 2670 FRANKLIN CANYON RD 2670 FRANKLIN CANYON RD 5540 MERRITT DR MARTINEZ CA MARTINEZ CA CONCORD CA 94553 94553 94521 368030010 368030011 368050007 RAMMELL GEORGE A&PAMELA PACHECO ARTHUR E &SHIRLEY TRE JOHN A DEMARTINI RANCH TRE 2670 FRANKLIN CANYON RD 3169 TEIGLAND RD 5540 MERRITT DR MARTINEZ CA LAFAYETTE CA CONCORD CA 94553 94549 94521 368040004 368040005 368060005 LEHNUS.LELAND S TRE JOHN A DEMARTMI RANCH EAST BAY REGIONAL PARK DIST 2700 FRANKLIN CANYON RD 3169 TEIGLAND RD PO BOX 5381 MARTINEZ CA LAFAYETTE CA OAKLAND CA 94553 94549 94605 368050008 JOHN A DEMARTINI RANCH Marjorie Wolcott Moore Arthur and Shirley Pacheco 3169 TEIGLAND RD 2670 Franklin Can Rd. 2670 Franklin Canyon Rd. on LAFAYETTE CA y Martinez, CA 94553 94549 Martinez, CA 94553 �U� Building Inspection Environmental Health, p/W Engineering Services Concord U.S. Fish & Wildlife Service Dept. of Fish & Game, Region 3 Divisions of Ecological Services P.O. Box 47 2800 Cottage Way # W2605 Contra Costa County Fire `/ountville, Ca 94599 Sacramento, Ca 95825-1888 District City of Hercules City of Martinez Martinez Unified School 111 Civic Drive 525 Henrietta Street District Hercules, CA 94547 Martinez, CA 94553 921 Susana Street Martinez, CA 94553 East Bay Regional Parks City of Pinole 2950 Peralta Oaks Court Building Inspection 2131 Pear Street Property Pinole, CA 94564 P.O.Box 5381 P tY Conservation Division Oakland, CA 94605-0381 Muir Heritage Land Trust State Clearinghouse SHERIFF OFFICEADMIN. & COMMUNITY P.O. Box 2452 1400 10th Street, Room 222 Martinez, CA 94553 Sacramento, CA 95814 SERVICES r Community Contra Cor nis Ni. Barry, AICD Comm unii v Deve!eomen; Guec,oc Development costa Department ,,Ounty County Administration Building 651 Pine Streei - <. 4th Floor, North Wing . Martinez, California 94553-0095 (925.)33-5-1210 `Fx, �ma °• l I �j :�.: =;;�;%� Date: ` e-c Y \O� Phone. r' <N . AGENCY COMMENT REQUEST We request your comments regarding the attached application currently under review. DISTRIBUTION Please submit your comments as follows: X Building Inspection HSD,Environmental Health, Concord Project Planner TPS `N` Mb(-'� (' _HSD, Hazardous Materials jzj6FP/W- Flood Control (Full Size) County Filn0/� r5n —P/W- Engineering Svcs (Full Size) Number: )) �✓ CJ Date Forwarded _P/W Traffic (Reduced) Prior To: Tot n v a r-1 �� 7ZrflC _P/W Special Districts (Reduced) Comprehensive Planning We have found the following special programs —Redevelopment Agency apply to this application: —Historical Resources Information System x l — CA Native Amer. Her. Comm. (V Redevelopment Area _ CA Fish & Game, Region _US Fish & Wil 'fe Se rvi e Ld Active Fault Zone Fire District L��Q Sanitary District Flood Hazard Area,Panel# C J 7-D Water District Cin Nl P-(Z-`t l n �Z 60 dBA Noise Control V School District 'Mjk-&`T"Il-/ J p 21 F. Sheriff Office - Admin. & Comm. Svcs. !� CA EPA Hazardous Waste Site Alamo Improvement Association — El Sobrante Pig. & Zoning Committee Traffic Zone _ MAC — DOIT - Dep. Director, Communications CEQA Exempt CAC R-7A Alamo Categorical Exemption Section Community Organza ons ct`t� 8� �(A/0 � Please indicate the code section of recommendations that are required by la«•or ordinance. Please send copies of your response to the Applicant& Owner. No comment_ on this application. — Our Comments are attached Comments: Sigranrre A2enc,, 0r.:.7_7.- t 5. Lflt r Virginia and Julian Frazer Jr. Julian Frazer III 2660 Franklin Canyon RD. Martinez, CA 94553 December 18, 2006 Pacheco Subdivision Co File No. RZ00-306 and MS05-0050 Concerns to be addressed by the Board of Supervisors 1. Limit access to large parcel from Wolcott Lane or require full pavement of 25' easement before approving development on large parcel. Please state the development potential of this large parcel. 2. Require that the "new" 25' easement be maintained(kept clear for traffic to pass in either direction). Reason: the existing easement of 25' for Wolcott Property and 20' for Frazer to ingress and egress is blocked and parked on, on nearly a daily basis. This is mostly because of tenant use on the property to be subdivided. The uses include a construction company, landscape company, as well as cattle company. On average between 3 and 10 vehicles park on the easement, interfering with the neighbors' legal deeded use of their easement. Although the easement is 25' or 20' respectively, the paved portion is only 12' with 6.5 foot shoulders on each side to complete the easement. The paved road is not laid on the easement centerline,but for practical purposes the road and the shoulders on each make up the usable easement. The Frazer's would like language written within the new subdivision that the legal easements be maintained in a clear passable manner 20' or 25 `respectively. Signage to be posted, stating that vehicles parked on the road and the 6 foot shoulders on either side are trespassing or illegally parking and will be towed, and that this will be enforced by CC Sheriff. This would be used on a complaint basis as a trespasser would be sited,just as police codes are used in some private parking areas. The justification for this is that, had this property been subdivided prior to building construction, roadway and use issues would have been addressed prior to construction. So it is appropriate to address them now. The above concerns are here because the custom of honoring legal easements has been ignored by leasers,visitors, and workers, and has occurred because of the increased uses on this property. Prior to the last housing construction on the vronertv to be subdivided there were no easement issues. The above sueQestions under 2. would satisfy our concerns on road usage. The only other solution would be paving the entire easement, more clearly defining the easement. 3. The variances on set backs should be clarified: There shall be no variances on any structures built or to be built adjacent to the Frazer's Property Line. Written resolution of these issues stated above is critical before we can support this subdivision. virginia and Julian Frazer Jr. Jul an Frazer III "Contra Costa Times Legals" To KSinc@cob.cccounty.us <cctlegals@cctimes.com> cc mpark@cd.cccounty.us,TMore@cd.cccounty.us 12/07/2006 01:43 PM Please respond to bcc cctlegals@cctimes.com Subject Publication Request-Moore THIS E-MAIL CONTAINS PERTINENT INFORMATION; PLEASE READ IT CAREFULLY IN ITS ENTIRETY. PLEASE NOTE:All of our offices will be closed Christmas Day, December 25, 2006 and New Year's Day, January 1, 2007. Good Afternoon. If you have any questions regarding the legal notice confirmed below,please reference the LEGAL NUMBER provided. Only e-mail to cctlegals(a,cctimes.com regarding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION" TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 7250 PO#: F05508 2027 Publication: CCT Run Date(s): 12/09 Legal Acct#: 200 4197 Total Amount: $183.40 FOR YOUR INFORMATION- Revisions/Cancellations: I will need a cancellation request referencing the LEGAL NUMBER—or all changes attached in a final draft Microsoft Word Document—e-mailed to cctlegals(i&ctimes.com by no later than 4 PM today, Thurs., 12/07. Otherwise, the wording of the legal will publish as you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359—fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals@cctimes.com Virginia and Julian Frazer Jr. Julian Frazer III 2660 Franklin Canyon RD. Martinez, CA 94553 December 18, 2006 Pacheco Subdivision Co File No. RZ00-306 and MS05-0050 Concerns to be addressed by the Board of Supervisors 1. Limit access to large parcel from Wolcott Lane or require full pavement of 25' easement before approving development on large parcel. Please state the development potential of this large parcel. 2. Require that the"new"25' easement be maintained(kept clear for traffic to pass in either direction). Reason: the existing easement of 25' for Wolcott Property and 20' for Frazer to ingress and egress is blocked and parked on, on nearly a daily basis. This is mostly because of tenant use on the property to be subdivided. The uses include a construction company, landscape company, as well as cattle company. On average between 3 and 10 vehicles park on the easement, interfering with the neighbors' legal deeded use of their easement. Although the easement is 25' or 20' respectively, the paved portion is only 12' with 6.5 foot shoulders on each side to complete the easement. The paved road is not laid on the easement centerline, but for practical purposes the road and the o shoulders on each make up the usable easement. The Frazer's would like language written within the new subdivision that the legal easements be maintained in a clear passable manner 20' or 25 `respectively. Signage to be posted, stating that vehicles parked on the road and the 6 foot shoulders on either side are trespassing or illegally parking and will be towed, and that this will be enforced by CC Sheriff. This would be used on a complaint basis as a trespasser would be sited,just as police codes are used in some private parking areas. The justification for this is that, had this property been subdivided prior to building construction, roadway and use issues would have been addressed prior to construction. So it is appropriate to address them now. The above concerns are here because the custom of honoring legal easements has been ignored by leasers,visitors, and workers, and has occurred because of the increased uses on this property. Prior to the last housing construction on the vrovertv to be subdivided there were no easement issues. The above sueeestions under 2. would satisfy our concerns on road usage. The only other solution would be paving the entire easement,more clearly defining the easement. 3. The variances on set backs should be clarified: There shall be no variances on any structures built or to be built adjacent to the Frazer's Property Line. Written resolution of these issues stated above is critical before we can support this subdivision. 'Virginia and Julian Frazer jr. 41 j Jul an Frazer III REQUEST TO SPEAK FORM (3 Minute Limit) I wish to sneak on Agenda' Item #: Complete this form and place it in the upright box near the Date: speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. C / ❑ For inst Name: �(/// �iJIJ 7 / 'Gll� �i/�- /��C�i�fl� /U✓ �� c1gn"t -S wish to speak on the subject of: Address: 17 City: Phone: I am speaking for: Myself y ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (use the back of this form) Information for Speakers: In lieu of speaking, I wish to submit these comments: I. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3. Begin by stating your name and your city or area of residence, and whether you are speaking for yourself or on behalf of an organization. 4. If you have handout materials, give them to the Clerk. 5. Avoid repeating comments made by previous speakers. 6. Chair may limit the time allocated to speakers so that all may be heard. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy(set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Dec 9, all in the year of 2006 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executo at Walnut Creek, California. On th o 2 day g-december, 200 Signature Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS MARTINEZ AREA NOTICE is hereby given that on Tuesday. Decem- ber 19,2006 at 1:00 p.m.in the County Administra- tion Building, 651 Pine Street,Room 107(Corner of Pine and Escobar Streets), Martinez, Cali. fornia, the Contra Costa County Board of Supervi- sors will hold a public hearing to consider the following planning mat- ter: ARTHUR AND SHIRLEY PACHECO AND MARJORIE wOLCOTT MOORE(Appli- cants and Owners)Coun- ty File#RZOO-3096: Hear- ing on the County Plan- ning Commission recom- mendation to rezone a 10.4-acre portion of an approximately 149.4 par- cel from A-4,Agricultural Preserve to A-2, General Agricultural.The approxi- mately 139-acre remain- der will continue its origi- nal zoning of A-4,Agricul- tural Preserve.The Prop- erty is located at 2610, 2640, and 2670 Franklin Canyon Road in the Marti- nez area. (Zoning: A-4) (ZA:F10,F11 and G10,G11) (CT: 3180/3560.02) (APN: 368-030-005 and 368-030. 011). The location of the sub- ject property is within the unincorporated territory of the County of Contra Costa,State of California, generally identified below (a more precise descrip- tion may be examined in the Office of the Director of Community Develop- ment,County Administra. tion Building, Martinez, California). The location of the sub- 2610,ectsite 2640, landteat 2670 Franklin Canyon Road,in the Martinez area. According to California Environmental Quality Act (CEQA) guidelines, a Negative Declaration was prepared for this project. A Notice of Intent was posted for public review from August 22,2006 until September 21,2006. If you challenge the prge ect In.court,you may be limited t0 raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or In written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing,Com- munity Development De- partment staff will be available on Tuesday,De- cember 19, 2006 at 12:15 pm in Room 108,Adminis- tration Building,651 Pine Street,Martinez,to meet with any interested par- ties in order to(1)answer questions;(2) review the hearing procedures used by the Board; (3) clarify the issues being consi ered by the Board;and(4) provide an opportunity t0 At identify, resolve, or nar- row any differences whichremain in dispute. If you wish to attend this meeting with staff,please call Telma Moreira,Com- munity Development De- partment; at (925) 335- 1217 by 3:00 p.m.on Mon- day,December 18,2006 to confirm your participa- tion. Date:December 6,2006 John Cullen,Clerk of the Board of Supervisors and County Administrator By Katherine Sinclair, Deputy Clerk Legal CCT 7250 Publish December 9,2006 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS MARTINEZ AREA NOTICE is hereby given that on Tuesday, December 19, 2006 at 1:00 p.m. in the County Administration Building, 651 Pine Street, Room 107 (Corner of Pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: ARTHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (Applicants and Owners) County File# RZ00-3096: Hearing on the County Planning Commission recommendation to rezone a 10.4-acre portion of an approximately 149.4 parcel from A-4, Agricultural Preserve to A-2, General Agricultural. The approximately 139-acre remainder will continue its original zoning of A-4, Agricultural Preserve. The property is located at 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. (Zoning: A-4) (ZA:1710, F11 and G10, G11) (CT: 3180/3560.02) (APN: 368-030-005 and 368-030-011). The location of the subject property is within the unincorporated territory of the County of Contra Costa, State of California, generally identified below (a more precise description may be examined in the Office of the Director of Community Development, County Administration Building,Martinez, California). The location of the subject site is located at 2610, 2640, and 2670 Franklin Canyon Road, in the Martinez area. According to California Environmental Quality Act (CEQA) guidelines, a Negative Declaration was prepared for this project. A Notice of Intent was posted for public review from August 22, 2006 until September 21,2006. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to,the public hearing. Prior to the hearing, Community Development Department staff will be available on Tuesday, December 19, 2006 at 12:15 pm in Room 108, Administration Building, 651 Pine Street,Martinez, to meet with any interested parties in order to (1) answer questions; (2) review the hearing procedures used by the Board; (3) clarify the issues being considered by the Board; and(4)provide an opportunity to identify,resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff,please call Telma Moreira, Community Development Department; at (925) 335-1217 by 3:00 p.m. on Monday, December 18, 2006 to confirm your participation. Date: December 6,2006 John Cullen, Clerk of the Board of Supervisors and County Administrator By OJ<� ' Katherine Sinclair,Deputy Clerk BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF: AR'.rHUR AND SHIRLEY PACHECO AND MARJORIE WOLCOTT MOORE (Applicants and Owners) County File#RZ00-3096: Hearing on the County Planning Commission recommendation to rezone a 10.4-acre portion of an approximately 149.4 parcel from A-4, Agricultural Preserve to A-2, General Agricultural. The approximately 139-acre remainder will continue its original zoning of A-4, Agricultural Preserve. The property is located at 2610, 2640, and 2670 Franklin Canyon Road in the Martinez area. (Zoning: A-4) (ZA:F10, F11 and G10, G11) (CT: 3180/3560.02) (APN: 368-030-005 and 368-030-011). I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing by the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled matter to the following: PLEASE SEE ATTACHED LIST I declare under penalty of perjury that the foregoing is true and correci, at Martinez, California. Dated: December 6, 2006 Katherine Sinclair, Deputy Clerk 362190001 -. 362190002 362190004 FRAZER BRIAN B &KATHLEEN TRE WOOD CLARA L TRE BARTZ TROY L 4716 TAHOE CIR 866 MALIBU DR PO BOX 272861 MARTINEZ CA CONCORD CA CONCORD CA 94553 94518 94527 368010013 368010021 368020002 SCHWEMBERGER LAURIEADAIR VONSTIEFF FRED J &SHERRY J FRAZER JULIAN M &VIRGINIA TRE 2560 FRANKLIN CANYON RD 2481 PACHECO ST 2660 FRANKLIN CANYON RD MARTINEZ CA CONCORD CA MARTINEZ CA 94553 94520 94553 368020005 368020006 368020007 ROBINSON HARRY A&IRENE V ROBINSON HARRY A&IRENE V STEPHENS MARGARET C 2650 FRANBKLIN CANYON 2650 FRANKLIN CANYON RD 2600 FRANKLIN CANYON RD MARTINEZ CA MARTINEZ CA MARTINEZ CA 94553 94553 94553 368030005 368030008 368030009 PACHECO ARTHUR E&SHIRLEY TR PACHECO ARTHUR E &SHIRLEY TRE RAMMEL GEORGE A&PAMELA TRE 2670 FRANKLIN CANYON RD 2670 FRANKLIN CANYON RD 5540 MERRITT DR MARTINEZ CA MARTINEZ CA CONCORD CA 94553 94553 94521 368030010 368030011 368050007 RAMMELL GEORGE A&PAMELA PACHECO ARTHUR E&SHIRLEY TRE JOHN A DEMARTINI RANCH TRE 2670 FRANKLIN CANYON RD 3169 TEIGLAND RD 5540 MERRITT DR MARTINEZ CA LAFAYETTE CA CONCORD CA 94553 94549 94521 368040004 368040005 368060005 LEHNUS LELAND S TRE JOHN A DEMARTINI RANCH EAST BAY REGIONAL PARK DIST 2700 FRANKLIN CANYON RD 3169 TEIGLAND RD PO BOX 5381 MARTINEZ CA LAFAYETTE CA OAKLAND CA 94553 94549 94605 368050008 JOHN A DEMARTINI RANCH Marjorie Wolcott Moore Arthur and Shirley Pacheco 3169 TEIGLAND LAFAYETTE CAD 2670 Franklin Canyon Rd. 2670 Franklin Canyon Rd. 94549 Martinez, CA 94553 Martinez, CA 94553 J ) l Building Inspection Environmental Health,Concord p/W Engineering Services U.S. Fish & Wildlife Service Dept. of Fish & Game, Region 3 Divisions of Ecological services Contra Costa County Fire P.O. Box 47 2800 Cottage Way # W2605 Yountville, Ca 94599 Sacramento, Ca 95825-1888 District City of Hercules City of Martinez Martinez Unified School 111 Civic Drive 525 Henrietta Street District Hercules, CA 94547 Martinez, CA 94553 921 Susana Street Martinez, CA 94553 East Bay Regional Parks City of Pinole 2950 Peralta Oaks Court Building Inspection 2131 Street Pear Pinole,Pear 9P.O.Box 5381 Property Conservation Division Oakland, CA 94605-0381 Muir Heritage Land Trust State Clearinghouse SHERIFF OFFICE P.O. Box 2452 1400 10th Street, Room 222 ADMIN. & COMMUNITY Martinez, CA 94553 Sacramento, CA 95814 SERVICES I � G