HomeMy WebLinkAboutMINUTES - 06221993 - H.10 i. H. 10
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TO: BOARD OF SUPERVISORS Cela
FROM: HARVEY E. BRAGDON C u ")
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: 26 May 1993
SUBJECT: REZONING/SUBDIVISION - E.P. Madigan (A/O) - 2974-RZ,5.2 acres,
General Agricultural District (A-2) to Single Family Resident-
ial District (R-40) & Subdivision 17647 - 5 lots. Walnut Creek
Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Certify the environmental documentation prepared for this pro-
ject as being adequate.
2. Approve 2974-RZ as recommended by the County Planning
Commission.
3. Approve Subdivision #7647 with conditions attached as Exhibit
A to this Order and incorporate herein as recommended by the
County Planning Commission.
4. Adopt the Planning Commission's reasons as set forth in its
Resolution #18-1993, as the determinations for these actions.
5. Introduce the Ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
The background for this project is reviewed in the April 20, 1993
staff report to the County Planning Commission.
The Commission reviewed the request of the applicant and after ;
taking testimony recommended 4pproval to the Board of Supervisors
with the modifications to the conditions of approvalas r ommended
by staff.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON OF B D COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON June 22 , 1993 APPROVED AS RECOMMENDED x OTHER
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the recommendation of the
Contra Costa County Planning Commission on the request by E. P.
Madigan (applicant and owner) to rezone approximately 5 .2 acres
of land from A-2 (Agricultural District) to R-40 (Single Family
Residential District) (2974-RZ) ; and for approval to subdivide
approximately 5 . 2 acres of land into five (5) lots (Subdivision
7647) in the Walnut Creek area.
Mary Fleming, Community Development Department, presented
the staff report on the request and commented on the staff
recommendations .
The public hearing was opened and the following person
appeared to testify:
1 .
Ed Madigan, 5528 Glenbrook Drive, Oakland, applicant/owner,
expressed concurrence with the conditions of approval .
The public hearing was closed.
Supervisor Bishop moved to adopt the recommendations of
staff .
IT IS BY THE BOARD ORDERED that recommendations 1, 2 , 3 , 4 ,
and 5 are APPROVED; and Ordinance No. 93-39 is INTRODUCED,
reading waived, and July 13 , 1993 is set for adoption of same .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS I8 A
X_ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT% ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED June 22 , 1993
cc: D. Drennan PHIL BATCHELOR, CLERK OF
E. P. Madigan THE BOARD OF SUPERVISORS
Public Works AND COUNTY ADMINISTRATOR
Assessor
CC Consolidated Fire Protection Dist. 0
BY0-,A , DEPUTY
FINDINGS AND CONDITIONS OF APPROVAL FOR SUBDIVISION 7647 (Madigan)
FINDINGS
A. The proposed tentative map, together with the provisions for
its design and improvement, is consistent with the County
General Plan and North Gate Specific Plan.
B. The proposed rezoning to R-40 (Single Family District)
complies with the General Plan designation of Single Family
Residential-Very Low Density as required by Section 26-
2.1806 (1) of the County Ordinance Code.
C. The proposed residential uses are compatible with the R-40
zoning district and to uses authorized in adjacent districts.
D. Community need has been demonstrated for the use proposed by
the Board of Supervisors adoption of the North Gate Specific
Plan.
CONDITIONS OF APPROVAL
General
1. This application is approved subject to the tentative map
dated received by the Community Development Department on
January 12, 1993 and contingent upon approval of 2974-RZ. The
conditions require compliance prior to filing the map unless
otherwise stated.
2. Prior to filing the final map, the applicant shall provide
proof to the Zoning Administrator that an Urban Service
Boundary Reorganization has been completed through the Local
Agency Formation Commission (LAFCO) . The reorganization shall
provide for annexation to the Central Sanitary District.
Design Requirements
3. At least 45 days prior to issuance .of building permits for Lot
1, the applicant shall submit architectural elevations for
review and approval of the Zoning Administrator complying with
the following:
A. The height shall be single story, no higher than 20-feet
and compatible with the surrounding area.
B. The home shall front on North Gate Road and be setback
40-feet from edge of right-of-way. Access shall be from
the private road.
C. All front yard fencing shall be split-rail and not exceed
3-feet in height.
2
4. At least 45 days prior to issuance of building permits for
Lots 2, 3, 4 , and 5, submit architectural elevations for
review and approval of the Zoning Administrator. All home
designs shall be compatible with the surrounding area and not
exceed two stories and be no higher than 25-feet.
Landscaping
5. At least 45 days prior to issuance of building permits, submit
frontyard landscape plans certified by a landscape architect
as incompliance with the Water Conservation and Landscape
Ordinance for review and approval of the Zoning Administrator.
All frontyard landscaping shall be installed prior to final
occupancy.
6. At least 45 days prior to issuance of grading permits, submit
.a report determining the monetary value of the 18-inch oak
tree proposed for removal from a certified landscape arborist.
Tree replacement shall be analogous to the monetary value as
determined by the arborist report.
All trees shall be installed prior to issuance of the first
grading permit, and concrete barriers shall be placed around
the trees to protect them during all development activities.
The applicant shall submit a landscape/irrigation plan for the
review and approval of the Zoning Administrator for the 9-foot
landscape strip on North Gate Road. A copy of the proposed
plans shall be concurrently submitted to the Public Works
Department, Administrative Division, and City of Walnut Creek,
Community Development Department for opportunity to comment.
The applicant shall work with the City of Walnut Creek and the
Community Development Department to establish an acceptable
planting plan. At a minimum, plants shall be of a drought
tolerant nature, shrubs a minimum of 5-gallons planted 5-feet
on-center, and there shall be a minimum 15-gallons planted 15-
feet on-center. The balance of the landscape strip shall be
planted with groundcover or other acceptable groundcover
treatment. All proposed plant shall be naturally indigenous
to the Bay Area. Approved landscape installments shall be
installed and accepted by the County prior to final acceptance
of subdivision improvements by the county.
Prior to recording a final map, the subdivision shall be
annexed into either an existing Lighting and Landscape
Maintenance District or one shall be s formed for this
project. Inclusion of the subdivision within the District is
intended to cover the maintenance costs of the North Gate Road
landscape improvements.
� ��!'�IRP 711 r_,
3
Archaeological
7. Should archaeological materials be uncovered during grading,
trenching or other on-site excavation(s) , earthwork within 30
yards of these materials shall be stopped until a professional
archaeologist who is certified by the Society for California
Archaeology (SCA) and/or the Society of Professional Archaeol-
ogy (SOPA) has had an opportunity to evaluate the significance
of the find and suggest appropriate mitigation(s) , if deemed
necessary.
Miscellaneous
8. Prior to filing the Parcel Map, plans shall be submitted for
review by the Community Development Department, Graphics
Section, to obtain addresses and for street name approval
(public and private). Alternate street names should be
submitted in the event of duplication and to avoid similarity
with existing street names. The approved street names shall
be shown with filing of the Parcel Map.
9. The owner of the property shall participate in the provision
of funding to maintain and augment police services by voting
to approve a special tax for the parcels created by this
subdivision action. The tax shall be $200 per parcel annually
(with appropriate future Consumer Price Index (CPI) adjust-
ment) . The election to provide for the tax must be completed
prior to the filing of the Parcel Map. The property owner
shall be responsible for paying the cost of holding the
election. The fee for election costs will be due at the time
that the election is requested by the owner.
10. Where a lot/parcel is located within 300 feet of a high
voltage electric transmission line, the applicant shall record
the following notice:
"The subject property is located near a high
voltage electric transmission line. Purchas-
ers should be aware that there is ongoing
research on possible potential adverse health
effects caused by the exposure to a magnetic
field generated by high voltage lines. Al-
though much more research is needed before the
question of whether magnetic fields actually
cause adverse health effects can be resolved,
the basis for such an hypothesis is estab-
lished. At this time no risk assessment has
been made."
4
When a Final Subdivision Public Report issued by the Califor-
nia Department of Real Estate is required, the applicant shall
also request that the Department of Real Estate insert the
above note in the report.
11. The applicant shall show proof that water and sewage service
is available prior to recording the Parcel Map. Water supply
shall be provided by Contra Costa Water District. Sewage
disposal shall be provided by connection to Central Sanitary
District.
Construction
12. Comply with the following construction, noise, dust and litter
control requirements:
A. Noise generating construction activities, including such
things as power generators, shall be limited to the hours
of 7:30 A.M. to 5:00 P.M. , Monday through Friday, and
shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on
prior written approval by the Zoning Administrator.
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.
C. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of
property within 300 feet of the exterior boundary of the
project site notice that construction work will commence.
The notice shall include a list of contact persons with
name, title, phone number and area of responsibility.
The person responsible for maintaining the list shall be
included. The list shall be kept current at all times
_ and shall consist of
persons with authority to indicate and implement correc-
tive action in their area of responsibility. The names
of the individual responsible for noise and litter
control shall be expressly identified in the notice. The
notice shall be reissued with each phase of major grading
activity.
A copy of the notice shall be concurrently transmitted to
the community Development Department. The notice shall
be accompanied by a list of the names and addresses of
the property owners noticed, and a map identifying the
area noticed.
DINE A
5
D. A dust and litter control program shall be submitted for
the review and approval of the Zoning Administrator. Any
violation of the approved program or applicable ordinanc-
es shall require an immediate work stoppage. Construc-
tion work shall not be allowed to resume until, if
necessary, an appropriate construction bond has been
posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows.
Prior to issuance of building permits, the proposed roads
serving this development shall be constructed to provide
access to each lot. This shall include provision for an
on-site area in which to park earth moving equipment.
Geologic
13. At least 45 days prior to filing the final map, submit for
review and approval of the County Planning Geologist two
copies of a geologic report prepared by a registered geologist
on the hazard of surface fault rupture.
Modifications to the project may be required based on the
outcome of the report. The recommendations and/or modifica-
tions of the report shall be implemented. If the report
recommends reconfiguration of the proposed project, a revised
site plan shall be submitted for the review and approval of
the Zoning Administrator that complies with those recommenda-
tions.
If the report recommends the establishment of a seismic
setback fault zone, .no habitable structures shall be permitted
in the setback area as recommended in the geologic report.
The land within the seismic setback area can be included in
the net lot area provided that the remaining lot area has
sufficient space for new construction, accessory structures,
and all applicable setback and lot coverage requirements.
14. At least 45 days prior to issuance of a grading permit, or
installation of improvements or utilities, submit two copies
of a preliminary geology, soil, and foundation report meeting
the requirements of Subdivision Ordinance Section 94-4.420 for
review and approval of the Planning Geologist. Improvement,
grading, and building pians shall carry out the recommenda-
tions of the approved report.
15. The report required above shall include evaluation of the
potential for liquefaction, seismic settlement.
16. Record a statement to run with deeds to the property acknowl-
6
edging the approved reports by title, author (firm) , and date,
calling attention to approved recommendations, and noting that
the report is available from the seller.
Road and Drainage Considerations
17. The following requirements pertaining to drainage, road, and
utility improvements will require the review and approval of
the Public Works Department:
A. In accordance with Section 92-2.006 of the County
Ordinance Code, this subdivision shall conform to the
provisions of the County Subdivision Ordinance (Title 9) .
Any exceptions therefrom must be specifically listed in
this conditional approval statement. Conformance with
the ordinance includes the following requirements:
1) Constructing road improvements along the frontage
of North Gate Road.
a. Grade the ultimate County right of way along
the frontage to accommodate the new grades
along the roadway.
b. Widen North Gate Road and install necessary
longitudinal drainage improvements along the
frontage. The edge of pavement shall be 16
feet from the centerline of the road. The
travel lane and the bike trail shall be paved
with a full structural section. The proposed
asphalt concrete berm and pedestrian path
shall be located along the westerly side of
the edge of pavement.
2) County-maintained street lighting is not required.
3) Constructing a paved turnaround at the end of the
proposed private road.
4) Conveying all storm waters entering or originating
within the subject property, without diversion and
within an 'adequate storm drainage facility, to a
natural watercourse having definable bed and banks
or to an existing adequate storm drainage facility
which conveys the storm waters to a natural water-
course.
Designing and constructing storm drainage facili-
ties required by the Ordinance in compliance with
specifications outlined in Division 914 of the
Ordinance and in compliance with design standards
of the Public Works Department.
� fl�g
7
5) Installing, within a dedicated drainage easement,
any portion of the drainage system which conveys
run-off from public streets.
6) Submitting improvement plans prepared by a regis-
tered civil engineer, payment of review and inspec-
tion fees, and security for all improvements re-
quired by the Ordinance Code or the conditions of
approval for this subdivision. These plans include
any necessary traffic signage and striping plans
for review by the Public Works Department.
7) Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional
right of way on North Gate Road as required for the
planned future width of 60 feet.
C. Relinquish abutter's rights of access along North Gate
Road with the exception of the proposed access road.
D. Construct a 28-foot paved private roadway to County
private road standards, within a 40-foot easement, to
serve all parcels in this proposed subdivision.
E. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across
driveways.
F. Establish and enter into a maintenance agreement to
insure continued future maintenance for the private road.
G. Install all new utility distribution services under-
ground.
H. Provide for adequate sight distance at North Gate Road in
accordance with Caltrans standards.
I. The applicant shall construct a 5-foot half wide asphalt
concrete pedestrian path along the westerly edge of the
16-foot width widening of North Gate Road in accordance
with the North Gate Specific Plan. The pedestrian path
shall be constructed adjacent to and at the grade of the
top of the asphalt concrete berm. The asphalt concrete
berm shall be constructed with the face of berm located
16-feet from the ultimate road centerline.
8
COUNTY INDEMNIFICATION
18. Pursuant to Government Code Section 66474.9, the applicant
(including the subdivider or any agent thereof) shall defend,
indemnify, and hold harmless the Contra Costa County Community
Development Department and its agents, officers, and employees
from any claim, action, or processing 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.
ADVISORY NOTES
A. This project is subject to the development fees in effect
under County Ordinance as of March 19 , 1992, the date the
vesting tentative map application was accepted as complete by
the Community Development Department. These fees are in
addition to any other development fees which may be specified
in the conditions of approval.
The fee include but is not limited to the following:
Park Dedication: $2,000.00 per residence.
An estimate of the fee charges for each approved lot may be
obtained by contacting the Building Inspection Department at
646-4992 .
B. Comply with the requirements of the Central Sanitary District
and Contra Costa Water District.
C. Comply with the requirements of the Contra Costa County Fire
Protection District.
D. Comply with the requirements of the Health Services Depart-
ment, Environmental Health Division.
E. Comply with the requirements of the Building Inspection
Department. Building permits are required prior to the
construction of most structures.
F. The applicant will be required to comply with the requirements
of the Bridge/Thoroughfare Fee Ordinance for the Countywide
Area of Benefit as adopted by the Board of Supervisors.
G. The applicant will be required to pay an environmental review
fee of $1,250 for the Department of Fish and Game at the end
of the appeal period. Failure to do so will result in fines.
9
In addition, the approval is not final or vested until the fee
is paid. A check for this fee shall be submitted to Contra
Costa County for submittal with the final environmental
documents.
H. The applicant is advised that the tax for the police services
district is currently set by the Board of Supervisors at $200
per parcel annually (with appropriate future Consumer Price
Index [CPI] adjustments) . The annual fee is subject to
modification by the Board of Supervisors in the future. The
current fee for holding the election is $800 and is also
subject to modification in the future. The applicable tax and
fee amounts will be those established by the Board at the time
of voting.
DD/aa
RZXIX/7647C.DD
4/2/93
4/20/93 - P/C Rev. (v)
All .
REZONING 2974-RZ - SUBDIVISION #7647
E, P, P'IADIGAN (APPLICANT/OWNER)
THE APPLICANT REQUESTS APPROVAL TO REZONE APPROXIMATELY 5.2 ACRES FROM
GENERAL AGRICULTURAL DISTRICT (A-2) TO SINGLE FAMILY RESIDENTIAL DIS-
TRICT (RAO) AND TO SUBDIVIDE INTO 5 LATS,
SUBJECT PROPERTY FRONTS APPROXIMATELY 220-FEET ON THE WEST SIDE OF
tbRTH GATE ROAD APPROXIMATELY 1-3/4 MILES SOUTH OF ARBOLADo DRIVE,
VW-NUT CREEK AREA.
BM OF SUPERVISORS
CONTRA COSTA COUNTY
22 ,JUNE 1993 2:00 P.M.
ocounty Contra
TO: BOARD OF SUPERVISORSCostaFROM: HARVEY E. BRAGDON
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: 26 May 1993
SUBJECT: REZONING/SUBDIVISION - E.P. Madigan (A/O) - 2974-RZ,5.2 acres,
General Agricultural District (A-2) to Single Family Resident-
ial District (R-40) i Subdivision 17647 - 5 lots. walnut Creek
Area.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) i BACKGROUND AND.JUSTIFICATION
RECOMMENDATIONS
1. Certify'the environmental documentation prepared for this pro-
ject as being adequate.
2. Approve 2974-RZ as recommended by the County Planning
Commission.
3. Approve Subdivision 17647 with conditions attached as Exhibit
A to this Order and incorporate herein as recommended by.the
County Planning Commission.
4. 'Adopt the Planning Commission's reasons as set forth in its
Resolution 118-1993, as the determinations for these actions.
5. Introduce the Ordinance giving effect to the rezoning; waive
reading and set date for adoption of same.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
The background for this project is reviewed in the April 20, 1993
staff report to the County Planning Commission.
The Commission reviewed the request of the applicant and after
taking;testimony recommended approval to the Board of Supervisors
with the modifications to the conditions of approval a4rommended
by staff.
CONTINUED ON ATTACHMENT: �. YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON OF BPRD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS.
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENTS ABSTAIN: MINUTES.OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
prig: Community Development Department ATTESTED
cc: D. Drennan PHIL BATCHELOR, CLERK OF
E. P. Madigan THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
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Resolution No. 18-1993
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, REGARDING PROCESSING OF THE REZONING
2974-RZ AND SUBDIVISION #7647, (E.P. Madigan - Applicant & Owner)
FOR A REZONING FROM GENERAL AGRICULTURAL DISTRICT (A-2) TO SINGLE
FAMILY RESIDENTIAL DISTRICT (R-40) AND SUBDIVISION OF 5.2 ACRES OF
LAND INTO FIVE (5) LOTS, IN THE NORTH GATE AREA, WALNUT CREEK.
WHEREAS, on February 8, 1991, an application was filed with
the Community Development Department pertaining to approximately
5.2 acres within the North Gate Specific Plan area to subdivide the
subject property into five (5) residential lots; and
WHEREAS, on October 21, 1991, an application was filed with
the Community Development Department pertaining to approximately
5.2 acres within the North Gate Specific Plan area to rezone the
site from General Agricultural District (A-2) to Single Family
Residential District (R-40) ; and
WHEREAS, a Negative Declaration of Environmental Significance
was completed determining the proposed project would not have a
significant effect on the environment; and
WHEREAS, after notice was lawfully given, on April 20, 1993 ,
the County Planning Commission conducted a public hearing whereat
all persons interested might appear and be heard; and
WHEREAS, on April 20, 1993, the County Planning Commission
having fully reviewed, considered and evaluated all the testimony
and evidence submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the County Planning Comm-
ission recommends to the Board of Supervisors of the County of
Contra Costa, State of California, that the subdivision request of
E.P. Madigan be APPROVED for dividing 5.2 acres. into five (5) lots
and the rezoning request of same be APPROVED for change from
General Agricultural District (A-2) to Single Family Residential
District (R-40) , and that this zoning change be made as indicated
on the findings map entitled: Page N-16 of the County's 1978 Zon-
ing Map, which is attached hereto and made a part hereof; and
BE IT FURTHER RESOLVED that the reasons for the recommendation
are as follows:
1. The proposed tentative map, together with the provisions
for its design and improvements, is consistent with the
County General Plan and the North Gate Specific Plan.
2 . The proposed rezoning to R-40 (Single Family District)
complies with the General Plan designation of Single
Family Residential - Very Low Density, as required by
Section 26-2 . 1806 (1) of the County Ordinance Code.
Resolution No. 18-1993
3 . The proposed residential uses are compatible with the
R-40 Zoning District and the uses authorized in adjacent
districts.
4. Community need has been demonstrated for the use proposed
by the Board of Supervisors' adoption of the North Gate
Specific Plan.
BE IT FURTHER RESOLVED that the Chairwoman and the Secretary
of the Contra Costa County Planning Commission respectively sign
and attest the certified copy of this resolution and deliver the
same to the Board of Supervisors all in accordance with the provis-
ions of the Planning Laws of the State of California.
The instruction by the County Planning Commission to prepare
this resolution, incorporating the above and aforementioned, was
given by the Contra Costa County Planning Commission on Tuesday,
April 20, 1993, by the following vote:
AYES: Commissioners - Accornero, Clark, Woo, Frakes.
NOES: Commissioners - None.
ABSENT: Commissioners - Sakai, Terrell, Gaddis.
ABSTAIN: Commissioners - None.
I, Helene T. Frakes, Chairwoman of the Contra Costa County
Planning Commission, State of California, hereby certify that the
foregoing was duly called and held in accordance with the law on
Tuesday, May 4, 1993, and that this resolution was duly passed and
adopted by the following vote of the Commission:
AYES: Commissioners - Clark, Accornero, Gaddis, Sakai, Frakes.
NOES: Commissioners - None.
ABSENT: Commissioners - Terrell, Woo.
ABSTAIN: Commissioners - None.
Chairwoman of the Planning
Commission, Contra Costa County,
State of California.
ATTEST:
Se r ry t e Planning Commission,
Con a Cos a ounty, State of California.
Findings Map
41 -1---- , ---------
A2
a
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A�2
CREEK RI), +
tR•40 /
Rezone From A-Z To l2 -�u Area
I, 4y-t.-v--MF-T FV-Ak V-S , Chairwoman of the Contra Costa County
Planning Commission, State of California, do hereby certify
that this is a true and correct copy of lPA(,F N - 1 h 6-f=mn
�_;3c w22: H i Q 7q, Zo M I N C' Wry
indicating thereon the decision of the Contra Costa County Planning
Commission in the matter of A'j i
Chair of the Contra Costa County
Planning Commission,State of California
ATTS :
retar ofye Contra Costa County
Planning o ission, State of Calif.
FINDINGS AND CONDITIONS OF APPROVAL FOR SUBDIVISION 7647 (Madigan)
FINDINGS
A. The proposed tentative map, together with the provisions for
its design and improvement, is consistent with the County
General Plan and North Gate Specific Plan.
B. The proposed rezoning to R-40 (Single Family District)
complies with the General Plan designation of Single Family
Residential-Very Low Density as required by Section 26-
2 . 1806(1) of the County Ordinance Code.
C. The proposed residential uses are compatible with the R-40
zoning district and to uses authorized in adjacent districts.
D. Community need has been demonstrated for the use proposed by
the Board of Supervisors adoption of the North Gate Specific
Plan.
CONDITIONS OF APPROVAL
General
1. This application is approved subject to the tentative map
dated received by the Community Development Department on
January 12, 1993 and contingent upon approval of 2974-RZ. The
conditions require compliance prior to filing the map unless
otherwise stated.
2. Prior to filing the final map, the applicant shall provide
proof to the Zoning Administrator that an Urban Service
Boundary Reorganization has been completed through the Local
Agency Formation Commission (LAFCO) . The reorganization shall
provide for annexation to the Central Sanitary District.
Design Requirements
3. At least 45 days prior to issuance of building permits for Lot
1, the applicant shall submit architectural elevations for
review and approval of the Zoning Administrator complying with
the following:
A. The height shall be single story, no higher than 20-feet
and compatible with the surrounding area.
B. The home shall front on North Gate Road and be setback
40-feet from edge of right-of-way. Access shall be from
the private road.
C. All front yard fencing shall be split-rail and not exceed
3-feet in height.
2
4. At least 45 days prior to issuance of building permits for
Lots 2, 3, 4, and 5, submit architectural elevations for
review and approval of the Zoning Administrator. All home
designs shall be compatible with the surrounding area and not
exceed two stories and be no higher than 25-feet.
Landscaping
5. At least 45 days prior to issuance of building permits, submit
frontyard landscape plans certified by a landscape architect
as incompliance with the Water Conservation and Landscape
ordinance for review and approval of the Zoning Administrator.
All frontyard landscaping shall be installed prior to final
. occupancy.
6. At least 45 days prior to issuance of grading permits, submit
a report determining the monetary value of the 18-inch oak
tree proposed for removal from a certified landscape arborist.
Tree replacement shall be analogous to the monetary value as
determined by the arborist report.
All trees shall be installed prior to issuance of the first
grading permit, and concrete barriers shall be placed around
the trees to protect them during all development activities.
The applicant shall submit a landscape/irrigation plan for the
review and approval of the Zoning Administrator for the 9-foot
landscape strip on North Gate Road. A copy of the proposed
plans shall be concurrently submitted to the Public Works
Department, Administrative Division, and City of Walnut Creek,
Community Development Department for opportunity to comment.
The applicant shall work with the City of Walnut Creek and the
Community Development Department to establish an acceptable
planting plan. At a minimum, plants shall be of a drought
tolerant nature, shrubs a minimum of 5-gallons planted 5-feet
on-center, and there shall be a minimum 15-gallons planted 15-
feet on-center. The balance of the landscape strip shall be
planted with groundcover or other acceptable groundcover
treatment. All proposed plant shall be naturally indigenous
to the Bay Area. Approved landscape installments shall be
installed and accepted by the County prior to final acceptance
of subdivision improvements by the county.
Prior to recording a final map, the subdivision shall be
annexed into either an existing Lighting and Landscape
Maintenance District or one shall be s formed for this
project. Inclusion of the subdivision within the District is
intended to cover the maintenance costs of the North Gate Road
landscape improvements.
3
Archaeological
7. Should archaeological materials be uncovered during grading,
trenching or other on-site excavation(s) , earthwork within 30
yards of these materials shall be stopped until a professional
archaeologist who is certified by the Society for California
Archaeology (SCA) and/or the Society of Professional Archaeol-
ogy (SOPA) has had an opportunity to evaluate the significance
of the find and suggest appropriate mitigation(s) , if deemed
necessary.
Miscellaneous
8. Prior to filing the Parcel Map, plans shall be submitted for
review by the Community Development Department, Graphics
Section, to obtain addresses and for street name approval
(public and private) . Alternate street names should be
submitted in the event of duplication and to avoid similarity
with existing street names. The approved street names shall
be shown with filing of the Parcel Map.
9. The owner of the property shall participate in the provision
of funding to maintain and augment police services by voting
to approve a special tax for the parcels created by this
subdivision action. The tax shall be $200 per parcel annually
(with appropriate future Consumer Price Index (CPI) adjust-
ment) . The election to provide for the tax must be completed
prior to the filing of the Parcel Map. The property owner
shall be responsible for paying the cost of holding the
election. The fee for election costs will be due at the time
that the election is requested by the owner.
10. Where a lot/parcel is located within 300 feet of a high
voltage electric transmission line, the applicant shall record
the following notice:
"The subject property is located near a high
voltage electric transmission line. Purchas-
ers should be aware that there is ongoing
research on possible potential adverse health
effects caused by the exposure to a magnetic
field generated by high voltage lines. Al-
though much more research is needed before the
question of whether magnetic fields actually
cause adverse health effects can be resolved,
the basis for such an hypothesis is estab-
lished. At this time no risk assessment has
been made."
4
When a Final Subdivision Public Report issued by the Califor-
nia Department of Real Estate is required, the applicant shall
also request that the Department of Real Estate insert the
above note in the report.
11. The applicant shall show proof that water and sewage service
is available prior to recording the Parcel Map. Water supply
shall be provided by Contra Costa Water District. Sewage
disposal shall be provided by connection to Central Sanitary
District.
Construction
12 . Comply with the following construction, noise, dust and litter
control requirements:
A. Noise generating construction activities, including such
things as power generators, shall be limited to the hours
of 7: 30 A.M. to 5: 00 P.M. , Monday through Friday, and
shall be prohibited on State and Federal holidays. The
restrictions on allowed working days may be modified on
prior written approval by the Zoning Administrator.
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.
C. At least one week prior to commencement of grading, the
applicant shall post the site and mail to the owners of
property within 300 feet of the exterior boundary of the
project site notice that construction work will commence.
The notice shall include a list of contact persons with
name, title, phone number and area of responsibility.
The person responsible for maintaining the list shall be
included. The list shall be kept current at all times
and shall consist of
persons with authority to indicate and implement correc-
tive action in their area of responsibility. The names
of the individual responsible for noise and litter
control shall be expressly identified in the notice. The
notice shall be reissued with each phase of major grading
activity.
A copy of the notice shall be concurrently transmitted to
the community Development Department. The notice shall
be accompanied by a list of the names and addresses of
the property owners noticed, and a map identifying the
area noticed.
5
D. A dust and litter control program shall be submitted for
the review and approval of the Zoning Administrator. Any
violation of the approved program or applicable ordinanc-
es shall require an immediate work stoppage. Construc-
tion work shall not be allowed to resume until, if
necessary, an appropriate construction bond has been
posted.
E. The applicant shall make a good-faith effort to avoid
interference with existing neighborhood traffic flows.
Prior to issuance of building permits, the proposed roads
serving this development shall be constructed to provide
access to each lot. This shall include provision for an
on-site area in which to park earth moving equipment.
Geologic
13 . At least 45 days prior to filing the final map, submit for
review and approval of the County Planning Geologist two
copies of a geologic report prepared by a registered geologist
on the hazard of surface fault rupture.
Modifications to the project may be required based on the
outcome of the report. The recommendations and/or modifica-
tions of the report shall be implemented. If the report
recommends reconfiguration of the proposed project, a revised
site plan shall be submitted for the review and approval of
the Zoning Administrator that complies with those recommenda-
tions.
If the report recommends the establishment of a seismic
setback fault zone, no habitable structures shall be permitted
in the setback area as recommended in the geologic report.
The land within the seismic setback area can be included in
the net lot area provided that the remaining lot area has
sufficient space for new construction, accessory structures,
and all applicable setback and lot coverage requirements.
14. At least 45 days prior to issuance of a grading permit, or
installation of improvements or utilities, submit two copies
of a preliminary geology, soil, and foundation report meeting
the requirements of Subdivision Ordinance Section 94-4.420 for
review and approval of the Planning Geologist. Improvement,
grading, and building plans shall carry out the recommenda-
tions of the approved report.
15. The report required above shall include evaluation of the
potential for liquefaction, seismic settlement.
16. Record a statement to run with deeds to the property acknowl-
6
edging the approved reports by title, author (firm) , and date,
calling attention to approved recommendations, and noting that
the report is available from the seller.
Road and Drainage Considerations
17. The following requirements pertaining to drainage, road, and
.utility improvements will require the review and approval of
the Public Works Department:
A. In accordance with Section 92-2 . 006 of the County
Ordinance Code, this subdivision shall conform to the
provisions of the County Subdivision Ordinance (Title 9) .
Any exceptions therefrom must be specifically listed in
this conditional approval statement. Conformance with
the ordinance includes the following requirements:
1) Constructing road improvements along the frontage
of North Gate Road.
a. Grade the ultimate County right of way along
the frontage to accommodate the new grades
along the roadway.
b. Widen North Gate Road and install necessary
longitudinal drainage improvements along the
frontage. The edge of pavement shall be 16
feet from the centerline of the road. The
travel lane and the bike trail shall be paved
with a full structural section. The proposed
asphalt concrete berm and pedestrian path
shall be located along the westerly side of
the edge of pavement.
2) County-maintained street lighting is not required.
3) Constructing a paved turnaround at the end of the
proposed private road.
4) Conveying all storm waters entering or originating
within the subject property, without diversion and
within an adequate storm drainage facility, to a
natural watercourse having definable bed and banks
or to an existing adequate storm drainage facility
which conveys the storm waters to a natural water-
course.
Designing and constructing storm drainage facili-
ties required by the Ordinance in compliance with
specifications outlined in Division 914 of the
Ordinance and in compliance with design standards
of the Public Works Department.
7
5) Installing, within a dedicated drainage easement,
any portion of the drainage system which conveys
run-off from public streets.
6) Submitting improvement plans prepared by a regis-
tered civil engineer, payment of review and inspec-
tion fees, and security for all improvements re-
quired by the Ordinance Code or the conditions of
approval for this subdivision. These plans include
any necessary traffic signage and striping plans
for review by the Public Works Department.
7) Submitting a Final Map prepared by a registered
civil engineer or licensed land surveyor.
B. Convey to the County, by Offer of Dedication, additional
right of way on North Gate Road as required for the
planned future width of 60 feet.
C. Relinquish abutter's rights of access along North Gate
Road with the exception of the proposed access road.
D. Construct a 28-foot paved private roadway to County
private road standards, within a 40-foot easement, to
serve all parcels in this proposed subdivision.
E. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across
driveways.
F. Establish and enter into a maintenance agreement to
insure continued future maintenance for the private road.
G. Install all new utility distribution services under-
ground.
H. Provide for adequate sight distance at North Gate Road in
accordance with Caltrans standards.
I. The applicant shall construct a 5-foot half wide asphalt
concrete pedestrian path along the westerly edge of the
16-foot width widening of North Gate Road in accordance
with the North Gate Specific Plan. The pedestrian path
shall be constructed adjacent to and at the grade of the
top of the asphalt concrete berm. The asphalt concrete
berm shall be constructed with the face of berm located
16-feet from the ultimate road centerline.
8
COUNTY INDEMNIFICATION
18. Pursuant to Government Code Section 66474.9, the applicant
(including the subdivider or any agent thereof) shall defend,
indemnify, and hold harmless the Contra Costa County Community
Development Department and its agents, officers, and employees
from any claim, action, or processing 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.
ADVISORY NOTES
A. This project is subject to the development fees in effect
under County Ordinance as of March 19 , 1992 , the date the
vesting tentative map application was accepted as complete by
the Community Development Department. These fees are in
addition to any other development fees which may be specified
in the conditions of approval.
The fee include but is not limited to the following:
Park Dedication: $2 , 000. 00 per residence.
An estimate of the fee charges for each approved lot may be
obtained by contacting the Building Inspection Department at
646-4992 .
B. Comply with the requirements of the Central Sanitary District
and Contra Costa Water District.
C. Comply with the requirements of the Contra Costa County Fire
Protection District.
D. Comply with the requirements of the Health Services Depart-
ment, Environmental Health Division.
E. Comply with the requirements of the Building Inspection
Department. Building permits are required prior to the
construction of most structures.
F. The applicant will be required to comply with the requirements
of the Bridge/Thoroughfare Fee Ordinance for the Countywide
Area of Benefit as adopted by the Board of Supervisors.
G. The applicant will be required to pay an environmental review
fee of $1,250 for the Department of Fish and Game at the end
of the appeal period. Failure to do so will result in fines.
9
In addition, the approval is not final or vested until the fee
is paid. A check for this fee shall be submitted to Contra
Costa County for submittal with the final environmental
documents.
H. The applicant is advised that the tax for the police services
district is currently set by the Board of Supervisors at $200
per parcel annually (with appropriate future Consumer Price
Index [CPI] adjustments) . The annual fee is subject to
modification by the Board of Supervisors in the future. The
current fee for holding the election is $800 and is also
subject to modification in the future. The applicable tax and
fee amounts will be those established by the Board at the time
of voting.
DD/aa
RZXIX/7647C.DD
4/2/93
4/20/93 - P/C Rev. (v)
Agenda Item # v- -7—
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY, APRIL 20, 1993 - 7:30 P.M.
I. INTRODUCTION
E. P. MADIGAN (Applicant & Owner, County File #2974-RZ: The applicant requests
approval to rezone approximately 5.2 acres from A-2 (Agricultural District) to R-40
(Single Family Residential District).
SUBDIVISION 7647 (E. P. Madigan - Applicant & Owner: The applicant requests
approval to subdivide approximately 5.2 acres into 5 lots.
Subject property fronts approximately 220 feet on the west side of North Gate Road
approximately 1-3/4 miles south of Arbolado Drive in the Walnut Creek area. Site
address is #1225 North Gate Road. (A-2) (ZA: N-16) (CT 3383.02) (Parcel #138-170-
008)
II. RECOMMENDATION
Staff recommends the Planning Commission approve SUB 7647 contingent on the
Board of Supervisors approval of Rezoning #2974-RZ and recommend approval of
2974-RZ to the Board of Supervisors.
III. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject property is designated Single
Residential-Very Low Density. The proposed subdivision is consistent with the
General Plan.
B. Current Zoning: A-2 - Agricultural District; 5 acre minimum.
C. Requested Zoning: R-40 - Single Family Residential District.
D. CEQA Status: A Negative Declaration was prepared for the project after
completion of a Burrowing Owl Study and hydrology analysis of Walker Creek.
The Burrowing Owl Study concluded that the subject property is poor habitat
for the species and the species is absent from the site.
Information provided by the applicant's engineer has concluded the creek is
adequate to accept the run-off from the subject property.
2
IV. AGENCY COMMENTS
A. Health Services Department: See attached.
B. Building Inspection Department: No comment.
C. California Archaeological Inventory: No study is recommended.
D. Contra Costa County Fire Protection District: Comments are attached.
E. Central Contra Costa Sanitary District: Comments are attached. Annexation
is required before the proposed connection to the District sewer system can be
allowed. The site is in the District's Sphere of Influence.
F. City of Walnut Creek: The subject property is directly adjacent to the Flood
Control District surplus property, with the potential for development of 32
single family residential lots. The City is requesting the circulation design for
the subject property be considered in conjunction with the Flood Control
Property. The City has indicated their preference for a loop road through the
property from North Gate Road, connecting with the Flood Control property at
the subject property's western boundary.
G. Public Works Department: The attached conditions of approval based on the
December, 1991 tentative map include road and drainage requirements. The
applicant should be fully aware of the County Subdivision Ordinance Code
requirements as they pertain to this development.
V. BACKGROUND
Subdivision 7647 was heard by the Planning Commission on October 8, 1991 at which
time the applicant agreed to file the rezoning application as required by the North Gate
Specific Plan. Subsequently, the item was continued indefinitely.
The North Gate Specific Plan ("Specific Plan") was adopted by the Board of
Supervisors on June 25, 1992. The Specific Plan was a joint planning effort between
the City of Walnut Creek and Contra Costa County. Preparation of the Plan has led
to the creation of new policies and regulations for the preservation and future
development of the North Gate area.
The North Gate area is presently a transition between the agricultural preserve/open
space land and very low density single family development and, therefore, constitutes
a semi-rural character.
The premise of the Plan is for the area to remain primarily semi-rural and support
residential, equestrian and recreational activities.
3
VI. STAFF ANALYSIS
A. Subdivision Design: The subject property is designated Single Family
Residential-Very Low Density on the North Gate Specific Plan, with a density
range of 0.2 to 1 .0 units per acre. This land use designation is assigned to
those properties in the Specific Plan area under private ownership with slopes
less than 15%. A minimum lot size of 40,000 square feet is acceptable.
The proposed subdivision consists of parcels ranging in size from 40,000 to
43,133 net square feet, which is consistent with the Specific Plan.
B. Residential Design Criteria: The Specific Plan requires homes adjacent to North
Gate Road to be single story, no higher than 20-feet with a setback of 40-feet
from the edge of right-of-way and face North Gate Road. The height limit for
all other residential structures shall be two stories, no higher than 25-feet.
The applicant will be required as a condition of project approval to receive
design approval from the Zoning Administrator prior to issuance of building
permits.
C. Oak Trees Removal: Construction of the project access will require the removal
of one mature oak tree, approximately 18 - 20 inches in diameter located in the
middle of the proposed cul-de-sac. Staff has reviewed the possibility of
relocating the road to preserve the tree, however, a variance to lot size for
Parcels 4 and 5 would be required in addition to a poorly configured road. Staff
would recommend removal of the oak tree with a replanting ratio consistent
with the City of Walnut Creek's Tree Preservation Ordinance. In summary,
Walnut Creek requires the applicant to hire a certified arborist to determine the
monetary value of the tree. The applicant is then required to do replacement
tree planting to said dollar amount. All replacement plantings shall be
completed and verified prior to issuance of the first building permit.
D. Response to the City of Walnut Creek: The City is requesting a loop road
connect the Flood Control property and the subject property at its western
boundary, permitting efficient access to the proposed emergency vehicle access
at the northwest corner of the Flood Control property. North Gate Road can be
considered a long cul-de-sac, with one ingress and egress, via Oak Grove Road.
Staff has reviewed the City's concerns and finds that alternative access
through Mt. Diablo is provided and the creation of the loop road would require
substantial variances to lot area for lot four, which is in direct contradiction
with the North Gate Specific Plan, or the elimination of Lot 4 entirely and is not
a reasonable request for this subdivision. Furthermore, revised comments from
the Fire District specifically indicate that an emergency vehicle access between
Lots 3 and 4 is not required.
4
E. Water and Sewer Service: The applicant is proposing individual septic systems
and water wells for the subdivision. The North Gate Specific Plan requires that
all-new residences be connected to public sewer and public water supply. The
property will require annexation into the Contra Costa Water District and
Central Sanitary District.
As a condition of project approval, the applicant will be required to provide
evidence to the Zoning Administrator that an urban service boundary reorgani-
zation has been completed through the Local Agency Formation Commission
(LAFCO), which will include the formation of a police service district.
F. Fees: The project was deemed complete on March 19, 1992. The project will
be required to pay all fees in place on that date.
G. Seismic Zone: The subject property is southwest of the current Alquist-Priolo
Zone. The subject property and all the properties west of North Gate Road are
scheduled to be included in the expansion and will become effective July 1,
1993. The applicant will be required to submit a geologic report prepared by
a registered geologist for review and approval of the County prior to filing the
final map on. the hazard of surface fault rupture with recommendations for
construction of the residences.
In the event that the study identifies a fault rupture on the property, the size
of the proposed parcels appear to be large enough to accommodate any
necessary development restrictions without significantly affecting the proposed
development.
H. Rezoning: The proposed rezoning is required to provide consistency with the
County General Plan and the North Gate Specific Plan. The rezoning request
to single family district complies with the County General Plan and North Gate
Specific Plan.
DD/aa
RZXIX/2974-RZ.DD
4/2/93
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costa ENVIRONMENTAL HEALTH DIVISION
County
F
October 31 , 1991
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! TO: Community DevelopmentD arum
i
FROM: Daniel Guerra, R.E.H.S
Deputy Director-Gener rogra s';-_ '�
SUBJECT: Rezoning Application 2974RZ
Walnut Creek area - APN 138-170-008
This division has reviewed the tentative map of Rezoning
Application 2974RZ, Walnut Creek area. The following comments
are to be met before the final map can be filed:
1 . Sewage disposal serving the properties concerned in this
Rezoning Application shall be provided by the Central Contra
Costa Sanitary District.
2. Water supply serving the properties concerned shall be by
the East Bay Municipal Utility District.
3 . Health Services Department-Environmental Health Division
approval of plans is required for any proposed swimming pool
and/or spa pool prior to construction or installation. The _
applicant should contact this division if he has any questions.
Proceeding without obtaining Health Services Department-
Environmental Health Division approval can result in a financial
penalty.
4 . Abandoned septic tanks and wells to be destroyed per Health
_Services Department requirements.
5. Any deviations or changes affecting the concept of the
Rezoning Application on file with the Health Services Department-
Environmental Health Division and dated October 21, 1991 shall be
resubmitted for review to determine if such deviations or changes
for the Rezoning.Application can be considered acceptable to the
Health Officer.
DG:WLG:sm
cc: Central Contra Costa Sanitary District
East Bay Municipal Utility District
E. P. Madigan & Son, Inc.
Please Reply or Call:
❑ East/Central Office ❑ West Office
1111 Ward Street 39th St.&Bissell Ave.
Martinez,California 94553 Richmond,California 94805
/Ai C1 ql' -1-
(415)646-2521 .
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June 12, 1992
Ms. Debbie Drennan
Community Development Department
Contra Costa County
651 Pine Street
Martinez, CA 94553-0095
SUBJECT: Rezoning/Subdivision Proposal
Applicant: E. P. Madigan & Son, Inc.
We have reviewed the proposed rezoning and subdivision proposal for the
five acre site adjacent to the Flood Control District surplus property.
While we have no objections to the rezoning request from A-2 to R-40, we
do have concerns about the proposed site plan.
The plan shows lot sizes, but does not indicate whether these are gross
or net. Lot sizes should be at least 40,000 square feet net and should
not include any portion of the roadway. With net lots of 40,000 square
feet, could the applicant still subdivide the site into 5 lots?
We are also reviewing proposals for various subdivision options for the
adjacent Flood Control District Surplus property. In our comments to
the District, we have indicated our preference for a loop road through
the property from North Gate Road. The loop road design could be better
achieved if this property were considered along with the Flood Control
District's site. The applicant should be encouraged to develop his
property in concert with the Flood Control District to ensure a better
circulation design for the area.
Please contact me if you have any further questions.
Very truly yours,
/"` - W, WWA V�-)
Marge Kimnerer
Associate Planner
P.O. Box 8039 ® 1666 North Main Street ! Walnut Creek, California 94596 ® (5 10) 943-5800
Dr_ Samiel K_ YR.Ginnis
Biological consultant
1� tiJ
9699 Melton Road Manteca, Califo
(209) 599-2726
June 2 , 1992 ib:
L'
TO: E.P. MADIGAN & SON, Inc.
5528 Glenbrook Drive
Oakland, CA 94618
SUBJECT: The status of the burrowing owl on the 5 acre parcel at
1225 North Gate Road, Walnut Creek, California.
The burrowing owl (Athene cunicularia) is a California Department
of Fish and Game Species .. of Special Concern , Priority 2 .
Although not legally protected by the California Endangered
Species Act, 1984, its numbers have been declining over the past
decade, and thus it is accorded special consideration in all
reviews of potential development properties which the Department
undertakes. -
This species is unique among owls in that it is diurnal and also
uses the abandon burrows of the California ground squirrel as
nesting site. These two factors detection of this owl far easier
than the other nocturnal members of this group. Even when the
bird may be temporarily absent from a site, the presence of
ground squirrel burrow systems can still be note along with such
sign as bird excrement and remains of small rodent, lizard, and
large insect kills near a burrow entrance, all of which indicates
current use by burrowing owls.
The project site was surveyed for owls on May 20, 1992, a date
when burrowing owl nesting is well under way in the greater Bay
Area. No burrowing owls were observed during a one hour
inspection with binoculars of the site. In addition, no ground
squirrel burrows or any other comparable size burrow systems were
detected during a walking survey of the area. The lack of both
items on this site can be directly attributed to the current
condition of the land. Approximately three fourths of the site
had been disced for weed control- earlier in the year, and part of
that area is now being used as an open ground: horse corral . A
small area adjacent to the house on the western edge of the site
still supports a dried crop of annual grasses and forbs, but this
is within the greater yard area of the residence and is patrolled
by the renter's dog.
All of the above factors create a most inhospitable habitat for
the burrowing_ owl , and hence its absence .on the site. Because of
the discing and horse presence, the area is also a veiy poor
potential foraging site for this species. Given these findings,
it is my professional opinion that additional development on the
5 acre parcel at 1225 North Gate Road, Walnut Creek, California,
would in no manner impact the burrowing owl population in the
greater project site area.
Central Contra Costa ssapftiKy
QIstrict
5019 Imhoff Place, Martinez, California 94553-4392 (510) 689-3890
ROGER J.DOLAN
General Manager
November 13, 1991 Chief Engineer
KENTON L.ALM
Counsel for the District
(.510).938-1-1.90
JOYCE E.MURPHY
Secretary ofthe District
Contra Costa County
Community Development Department
County Administration Bldg., North Wing
4th Floor
651 Pine Street
Martinez, CA 94553-0095
ATTENTION: MS. DEBBIE DRENNAN
Ladies and Gentlemen:
DEVELOPMENT REVIEW
FIVE LOT RESIDENTIAL SUBDIVISION
2974RZ
APN: 138-170-008
WS: 27
THOMAS BROS. LOC.: 76C1 AND 76D1
The above referenced project has been reviewed by this office. We do not know from the
information that has been provided to us whether the one acre parcels will be served by
septic tanks or connect to the District's sewer system. This letter provides current
requirements for connecting to the District's sewer system in the near future.
1 . SEWER SERVICE AVAILABILITY AND GENERAL DISTRICT REQUIREMENTS
1 .1 The project site is within the CCCSD sphere of influence, but annexation is
necessary before sewer service can be provided. Annexation will require
the approval of both the CCCSD Board of Directors and the Local Agency
Formation Commission (LAFCO). This issue must be addressed during the
CEQA process.
1 .2 The plans submitted for District review do not show the proposed project
sewers. The developer should be aware that District policy requires gravity
sewers in preference to pumped systems and the location of public sewers
in public streets rather than in off-street locations to the extent possible.
Variances from this policy are discouraged. However, the District will
consider alternatives on a case-by-case basis where the project engineer
justifies such alternatives to the District's satisfaction.
Recycled Paper
Contra Costa County
Page 2
November 13, 1991
1 .3 Specific requirements are:
Gravity Service.
Sewers are to be designed to operate underrg avity flow to the District's
existing sanitary sewer system. The use of sewage pumps for individual
lots will not be permitted unless it is economically impractical to construct
a main sewer to provide gravity service. Section 4-01 .A.10.b of the
District's Standard Specifications, 1986 Edition, provides criteria for
allowing the use of sewage pumps at individual lots.
Location in Streets.
As a minimum, an eight-inch public sewer must be extended by the
developer to serve each parcel (residential or commercial lot, townhouse
unit, condominium building, or apartment complex, as appropriate). New
sewer systems are to be designed with the maximum amount of public
sewers located in streets. If public sewers proposed for this project are to
be located in an off-street location, the project engineer must justify such
location to the satisfaction of the District.
Easements.
An exclusive public sewer easement must be established over the alignment
of each public sewer in an off-street or private street location to provide
access for future maintenance. The following criteria are used to determine
the public sewer easement width:
• The sewer easement width shall be 15-feet where the public sewer
is less than 12-inch in diameter and the depth is 9-feet or less.
• The sewer easement width shall be 20-feet where the public sewer
is 12-inch and larger in diameter or the depth is greater than 9-feet.
0 If new public sewers are being installed across properties where
existing improvements will remain in place adjacent to the new public
sewers, sewer easement width may be reduced at the discretion of
the District but in no case can the width be less than 10-feet.
In addition, all-weather access for the District's maintenance vehicles to all
manholes and rodding inlets in off-street locations is required. All-weather
access typically consists of a ten-foot wide cross section with a surface
course of turf-block, two inches of asphalt concrete, or other equivalent all-
Contra Costa County
Page 3
November 13, 1991
weather surface acceptable to the District, over six inches of aggregate
base. The use of sanitary sewer easement surfaces shall be limited to
paving, shrubbery, gardens, and other landscaping, excluding trees. Parallel
surface drainage ways and permanent structures including, but not limited
to, buildings, swimming pools, decks, and retaining walls are not permitted
within the easement area.
Public Sewer Extension
The nearest available public sewer is approximately 4,000 feet away in
North Gate Road. This sewer is under construction, but the District has not
accepted the sewer. The sewer must be accepted by the District before
this project can connect to the public sewer 'system. Since the District is
not constructing the new downstream public sewer, the developer for this
project is responsible for scheduling completion of construction so this
project can connect to the public sewer system. In addition, the developer
will be responsible for constructing approximately 4,000 feet of public
sewer in North Gate Road.
2. SOURCE CONTROL REQUIREMENTS
The District has reviewed this project for source control requirements. Base
wastewater flow from this project appears to be domestic wastewater such as
from residential, office, or church sources. Specific source control requirements
are normally not applicable to domestic wastewater. However, materials such as
gasoline, oil, sand, paint, pesticide residues, or other toxic substances are
prohibited from being introduced into the District's sewer system.
3. SEWER CAPACITY
The District has completed a capacity study for the existing sewer system
downstream of the proposed project. District facilities do not have adequate flow
carrying capacity under the District's current design criteria for ultimate conditions.
Improvements to correct the deficiencies are in the District's Capital Improvement
Plan. Improvements to the District's existing facilities that are required as a result
of new development will be funded from applicable District fees and charges. The
developer will be required to pay these fees and charges at the time of connection
to the sewer system.
4. PRIVATE SEWERS
The proposed project includes side sewers. A side sewer is defined as a private
sewer which is owned and maintained by the property owner and which connects
Contra Costa County
Page 4
November 13, 1991
the plumbing system of the building to the main sewer. The side sewer begins at
the point of connection to the building plumbing system two feet outside the
foundation line or building wall and terminates at the point of connection to the
main sewer.
District policy requires that the developer be responsible for installation of the side
sewer and the property owner be responsible for operation and maintenance of the
side sewer. District review of the design and inspection of the work on the side
sewer shall in no way constitute our acceptance of any responsibility for
maintenance or damage to property due to construction and subsequent operation
and maintenance of the side sewer.
The design intent of• the typical side sewer details, included in the CCCSD
"Standard Specification," 1986 Edition, and presented in Sections 32-43 through
32-48, inclusive, is to reduce the amount of rainfall and groundwater that will
infiltrate the sewer, thereby avoiding unnecessary pumping and treatment costs.
The typical side sewer details are not intended to meet the geotechnical, structural,
or drainage requirements of special situations.
5. HILLSIDE AND CREEK AREA POLICIES
The District has a Hillside and Creek Area Sewer Policy which addresses the design
and installation of sewers in hillsides or unstable areas. The requirements of this
policy must be followed when construction plans are prepared. For your
convenience, a copy of the policy is enclosed.
The Sanitary District must review and approve any construction plans involving work on
the public sewer system prior to the developer's applying for a building permit. The
District's Permit Section will receive and process the construction plans.
Sincerely,
Jack H. Case
Associate Engineer
JHC/vh
Enclosure
cc: E. P. Madigan and Son, Inc.
5528 Glenbrook Drive
Oakland, CA 94618
CONTRA COSTA COUNTY ®� FIRE PROTECTION DISTRICT
2010 GEARY ROAD -PLEV!tAf�l 1H `CA 94523-4694
(510) 930-5500
BUREAU OF FIRE PREVENTION
January 12, 1993
Daeco Corporation
101 Ygnacio Valley Rd. , #303
Walnut Creek, CA 94596
Attn: Mitch Jenkins
SUBJECT: 2974 RZ
1225 North Gate Rd.
Walnut Creek area
Dear Mr. Jenkins:
This letter is to acknowledge the results of our meeting on
January 6, 1992 relative to our requirements on the subject
project.
The requirements set forth in my original letter of February 7,
1992 are modified as noted below:
Item #1 No change.
Item #2 No change.
Item #3 Change. The required roadway width shall be 28 feet
curb to curb having approved "No Parking" signs posted
every 75 feet on the north side of Monet Lane and at
the termination (bulb) of the street. Curbs shall be
painted red in conjunction with the "No Parking" signs.
Driveways accessing all lots shall be approved prior to
any construction.
Items 4, 5, 6 , 7 , 8 and 9 No change.
In addition, Wollman Associates, Inc. shall make necessary
changes to the tentative map and to include under general notes
the requirements relative to Items #9 and #3 (relative to
driveways) .
For clarification, no emergency vehicle access is required
between Lots 3 and 4.
Daeco Corp. /Mitch Jenkins '
RE: 2974 RZ
January 12, 1993
Page 2
Enclosed is a copy of my original letter of requirements dated
February 7 , 1992 and a copy of the tentative map indicating fire
hydrant locations, "No Parking" sign and red curb locations.
Should you have any questions, please contact the undersigned.
Syince
Steven K. Ap 11
Fire Inspector
SKA:vw
Enclosures
cc: Wollman Associates, Inc. /John Wollman
Supervisor Sunne McPeak/Karen Mitchoff
Eyy P. Madigan & Son, Inc. /Ed Madigan
t.F.C.C. Community Development Dept./Debbie Drennan
Assistant Chief Argo
File
SKA/2974RZ.93
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
2010 GEARY ROADPLEASANT HIt_. CA}9,4�5A2� P94
,r9F r r
(510) 930-5500 :..-
BUREAU OF FIRE PREVENTION
February 7, 1992
Contra Costa County
Community Development Department
651 Pine St. , 4th Floor
Martinez, CA 94553
Attn: Debbie Drennan
Subject: 2974-RZ
1225 North Gate Road
Dear Ms. Drennan:
We have reviewed the application to establish a 5-lot subdivision
at the subject location. This project is regulated by codes and
ordinances administered by this Fire District relative to Contra
Costa County Ordinance 89/68 and the State Fire Marshal' s
Regulations. If approved by your office,. the following shall be
required:
1. The developer shall provide an adequate and reliable water
supply for fire protection with a minimum fire flow of 2,000
GPM. Required flow shall be delivered from not more than 2
hydrants flowing simultaneously while maintaining 20 pounds
residual pressure in the main. ( 10. 301c)UFC
2. The developer shall provide 2 hydrants of the East Bay type.
Hydrant locations will be determined by this office upon
submittal of 3 copies of a tentative map or site plan.
( 10. 301c)UFC
3. Provide access roadways with all-weather driving surfaces of
not less than 32 feet unobstructed width, and not less than
1316" 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 20% grade, shall
have a minimum inside turning radius of 32 feet, and must be
capable of supporting the imposed loads of fire apparatus (20
tons) . ( 10. 207)UFC
NOTE: Roads 32 feet in width allow for parking on both
sides.
C.C.C. Comm. Dev. Dept. /Debbie Drennan
RE: 2974-RZ
February 7, 1992
Page 2
4. Dead-end fire department access roads in excess of 150 feet
long shall be provided with approved provisions for the
turning around of fire department apparatus. (10. 207h)UFC
5. Access roads and hydrants shall be installed and in service
prior to combustible construction. (10. 301d)UFC
6. Approved premises identification shall be provided. Such
numbers shall contrast with their background and be readily
visible from the street. (10.208)UFC
7. A pro-rata fee of $300.00 per house shall be assessed to
partially offset initial expenditures for additional
necessary fire service resources. (CCC Ord. 87/98)
8. The developer shall provide roof coverings with a minimum
Class C rating. Untreated wood shake or shingles are not
allowed.
9. The homes as proposed shall be protected with an approved
automatic fire sprinkler system due to response time to the
project in excess of Fire District requirements. Submit two
sets of plans and calculations to this office for review
prior to installation. (10. 301h)UFC
It is requested that a copy of the conditions of approval for the
subject project be forwarded to this office when compiled by the
planning agency.
If you have any questions regarding this matter, please contact
the undersigned.
Since ly,
r
Ste en K. April
Fire Inspector
SKA:vw
cc: E. P. Madigan & Son, Inc.
File
SKA/2974/RZ.92
VVLA Co
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
2010 GEARY ROADr M?�LA
fRF vr,=k ;OPP 94523-4694
DIST i
(415)930-5500:`=i f
BUREAU OF FIRE PREVENTION z,<
November 14, 1991
Contra Costa County
Community Development Department
651 Pine Street, 4th Floor
Martinez, CA 94553
Attn: Debbie Drennan
Subject: RZ 2974
1225 North Gate Road
Walnut Creek
Dear. Ms. Drennan:
We have reviewed the rezone application to establish a 5-lot
subdivision at the subject location. This project is regulated
by codes and ordinances administered by this Fire District
relative to Contra Costa County Ordinance 89/68 and the State
Fire Marshal's Regulations. If approved by your office, the'
following shall be required:
1. The developer shall provide an adequate and reliable water
supply for fire protection with a minimum fire flow of 1,000
GPM. Required flow shall be delivered from not more than one
hydrant flowing while maintaining 20 pounds residual pressure
in the main. ( 10. 301c)UFC
2. The developer shall provide fire hydrants of the East Bay
type. Hydrant locations will be determined by this office
upon submittal of 3 copies of a tentative map or site plan.
( 10. 301c)UFC
3 . Provide access roadways with all-weather driving surfaces of
not less than 32 feet unobstructed width, and not less than
1316" 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 20% grade, shall
have a minimum inside turning radius of 32 feet, and must be
capable of supporting the imposed loads of fire apparatus ( 20
tons) . ( 10. 207)UFC
NOTE: Roads 32 feet in width allow for parking on both
sides.
C.C.C. Comm. Dev. Dept. /Debbie Drennan
RE: RZ 2974
November 14, 1991
Page 2
4. Dead-end fire department access roads in excess of 150 feet
long shall be provided with approved provisions for the
turning around of fire department apparatus. ( 10. 207h)UFC
5. Access roads and hydrants shall be installed and in service
prior to combustible construction. ( 10. 301d)UFC
6. Approved premises identification shall be provided. Such
numbers shall contrast with their background and be readily
visible from the street. (10. 208)UFC
7. A pro-rata fee of $300. 00 per house shall be assessed to
partially offset initial expenditures for additional
necessary fire service resources. (CCC Ord. 87/98)
8. The developer shall provide roof coverings with a minimum
Class C rating. Untreated wood shake or shingles are not
allowed.
9. The homes as proposed shall be protected with an approved
automatic fire sprinkler system due to response time to the
project in excess of Fire District requirements.
( 10. 301h)UFC
It is requested that a copy of the conditions of approval for the
subject project be forwarded to this office when compiled by the
planning agency.
If you have any questions regarding this matter, please contact
the undersigned.
Sincerely,
R. Ryan
Fire Inspector
RSR:vw
cc: E. P. Madigan
File
RSR/RZ2974 . 91
Development Alternative Two
Per the County Board of Supervisors'
Recommendations of June 25, 1991
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