HomeMy WebLinkAboutMINUTES - 04012003 - SD5 ........... .................-.....................................
TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: April 1, 2003
SUBJECT: Acceptance of Deed Instruments for Compliance with a Conditional Certificate of
Compliance for Residential Development of the Remainder of Minor Subdivision
File#MS960016 at Via Del Gato(APN 197-020-025; Stone Valley Road at 1-680), in
the Alamo area (County File#ZC010482) (District III; Lee)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Accept:
A. A proposed grant deed of development rights covering all but 1.5 acres of the
affected 7.8 acre site.
B. An offer of dedication,for recording purposes only,for a trail across this site to
join the existing north end of an existing public trail with the Stone Valley Road
right-of-way.
C. The relinquishment of Abutters' Rights along the Stone Valley Road frontage.
All proposed instruments are dated March 19, 2003, from Don Lee.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTtE
171APPROVEOTHER
SIGNATURE(S).(14.,�,
ACTI N OF BO OId
aril I. 2003 APPROVED AS RECOMMENDED x_OTHERX
AYES: SUPERVISORS GIOIA, UILKEMA,
GLOVER AND DESAULNIER I HEREBY CERTIFY THAT THIS IS A TRUE AND
NOES: None CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: None ENTERED ON THE MINUTES OF THE BOARD OF
ABSTAIN: None SUPERVISORS ON THE DATE SHOWN
DISTRICT III SEAT VACANT
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Contact: Bob Drake(CDD-925-335-1214) ATTESTED C�k
Orig. Dept: Community Development Dept. JOHN SWEETEN, CLERK ,,6F THE BOARD OF
cc:Don Lee SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works Dept.;via PJP)
County Administrator
Recorder(via Public Works Dept., RJP)
Alamo Improvement Association BY
Board Order Senior Clerk,Adm. DEPUTY
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ADDENDUM
SD.5
April 1, 2003
On this date, the Board of Supervisors CONSIDERED accepting proposed deed of instrumentation of
Conditional Certificate of Compliance for the remainder property of Minor Subdivision 9613016 located in
the southeast quadrant of the I-6801Stone Valley Road interchange (Via Del Oato) in the Alamo area, (Don
and Michele Lee).
Bob Drake, Community Development Department, presented the item to the Board. He indicated that the
staff recommendation should be modified to include:
• Authorize the Board to direct the Chairman to execute the proposed grant deed of development
rights, and
• Direct the Public Works Department, Real Property Division to file all three deed instruments with
the Recorder's Office.
April 1,2003 Hering of the Burd of Supervisors
Board of Supervisors
File#ZC010482
Page 2
FISCAL IMPACT - None.
BACKGROUND
This is a hearing to consider acceptance of proposed deed instruments that have been required prior
to authorization of development permits for a 7.8 acre parcellocated at the southeast quadrant of the
Interstate 650/Sterne Valley Road interchange, in Alamo. The site is a roughly hourglass shaped
property on hillside terrain. A private road, Via Del Cato, defines the higher elevation of the site.
While it is zoned General Agricultural, A-2, the general plan designation is split(the south portion of
the site is designated open space; the northern portion of the site is designated Single Family
Residential--Very Low Density (0.2 -- 1.0 unit per net acre).
The creation of this parcel has been a source of controversy in the past, in part because of the
property's conspicuous location, within the scenic corridor of several designated scenic routes. The
present review is triggered by a proposal to construct a single family residence on the northern portion
of the site, with access only from the private road, Via Del Gato.
1996 Tentative Map Proposal
In 1996, the owner(at the time, Gerald Scatena)of an 18-acre property proposed the subdivision of
the site into two 5-acre parcels, white omitting the subject 7.8 acre parcel as permitted by the State
law. The two proposed parcels were on higher terrain. One contained an existing residence;the other
was vacant but with a graded flat pad site. The Zoning Administrator approved the project subject to
conditions, however the Alamo Improvement Association appealed that decision to the San Ramon
Valley Regional Planning Commission. After conducting a hearing,the Planning Commission felt that
the project did not adequately protect the community from potential visual impacts of the project, and
decried the application. The owner then appealed the Commission's decision to the Board of
Supervisors.
After hearing the matter, the Board voted to grant the applicant's appeal, but added a condition to
require that the omitted portion of the original property be combined with one of the parcels in the
subdivision.
Objecting to the Board's decision to require the combining of the omitted area with one of the parcels,
the applicant fled a lawsuit against the County in Superior Court. That lawsuit resulted in a Superior
Court decision of Return to Peremptory Writ of Mandamus requiring the County to accept a parcel
map while omitting a 7.8-acre remainder as originally proposed.
Current Proposed Single Family Residence and Conditional Certificate of Compliance
The 7.8 acre remainder from the subdivision has been conveyed to a new owner, Don and Michele
Lee. They are proposing to construct a residence on the northern portion of the site. The house
April 1,2003 Hearing of the Board of Supervisors
Board of Supervisors
Pile#ZC010482
Page 3
design provides for a stepped design with minimal grading, and access from the private road, Via
Del Gato. The design complies with zoning regulations.
Pursuant to provisions of state law, the Community Development Department issued a conditional
certificate of compliance for this site. The conditions attached to the certificate provide that the
applicant is required to limit development of the site to a 1.5 acre building site (though future
subdivision to create one additional parcel is potentially allowable if it can be found consistent with
the general plan and after consideration of any environmental review factors). The certificate of
compliance also
• limits the light reflectivity of exterior colors of the residence;
• requires the extension of a public trail offer of dedication adjacent to the freeway; and
+ requires the relinquishment of abutters' rights along the Stone Valley Road frontage.
The applicant has agreed to do these measures. He has also completed a plan-check of his
residence with the Building Inspection Department.
Post-CertificateActions Agreed eed to by the Applicant
Following issuance of the certificate of compliance, the applicant, Mr. Lee, has volunteered to
make other provisions relative to this site including the planting of landscape improvements to help
soften the view of development and to reduce the height of the proposed residence.
He has also indicates that he may be willing to share in the costs of a drainage system that is
required by the subdivision to extend between the uphill parcel to Stone Valley Road. Presently,
that burden falls entirely on the developer of the uphill parcel (Parcel B, Kelly Adamic). However,
before committing, Mr. Lee wants to learn of additional details.
DISCUSSION'
The proposed development of a single family residence complies with zoning regulations including
the tree ordinance. The applicant has agreed to all conditions in the certificate of compliance.
The only required action before a building permit may issue is the acceptance and recordation of
the above listed deed instruments.
The acceptance of these types of deed instruments is typically handled as a consent item on the
Board agenda. However, given the past controversial history of this site, staff has deemed it
appropriate to,allow for a hearing on this matter. At the same time, the matter before the Board is
ministerial in nature and does not require the exercise of discretion, including provision for any
further restriction in the design of the residence.
Zc010482.bo
RD1
ION AND MICHELE LEE
1.540 Gill Court
Dixon,CA 95620
Phone: (7n 678-0618
March 19,2003
Contra Costa County
Community Development Dqpart mt
Robert H.DrAlcA Nriripal Planner
651 Pine Street
4th 11=,'1 Orth APLng
Marts ,CJS 94553
Dear Mr.Drake:
Re: Acceptance dDeed Untmwents by Board of SWrvLwrs
Vla Del Gatti,AJ2wo Area
County File#ZC000482
We tippire>ciete that the hearing for the aeceptsnc a of the decd instrutnera by the Board of Supervisors has
fually been scheduled for 'March 25,2003.
We confirm vie have a ovd to
Reduce the Might ofthe structure by rnod*ing the cupola so that its height wilt not exceed 3
feet ,
•Makc landscape improwmeWs,including the planting oftiirwous native tree. ,shrubs and
slants around the property and residence to z Bance the appearance of our site as,sell as
Preserve our privacy
on the developtamt of Destpaxed R=nainder ofNZ960016 Parcel Nlap(APN 197-020-025)Via Del
Cxato,Alarm Area,CottntyFile#ZC000482.These additional measures are undertaken voluntarily even
ihca i they extend bid what was required by the restriction.%of the r-ming regtiW ons and condlidaru
c^erdficate ofctmtplianoe that was issued m 2002_
ftgarding the addluccal provisions you have asked we consider relative to the development of this site in
March 10,2003 letter:
1.It has slams been our interydoa to landscape and irrigate the prcT<2#y with a.responsible,
environmm=lly correct plan.We have stated this on nmy occasions.Siam this is entirely voluntary,we
do not want a:process that would require us to w mestd effom and resources beyond writ is required by the
regulations and thtsse conditions already in place.Near do vie want a prods that would even further delay
the pn4ect be5wd what has already been going on for almost two years.` ber re,we are not ageeing to
a preparatim submittal,to CDD,review and approval of landsrspelirrigarim plan and proof of a one
Year plus security agrow=it prior to rcxtuestmg a 1rxmng it vection ai&or prior to requesting a final
imvecl ka ofthe residence.
2.Additionally,rwding extension of the public trail,the same objeetidams cost.We
LEE FAM I L.Y FAX NO. 7076780618 Mar. 18 2003 10:t tUFJ t F.5
su ccxely have made an effort to accommodate the awnty and cum)nuwty interests its much as pcx-table.
We have already ami on what we are willing,to grant deed the county_ Mr.Drake,why after two years
are you raising,this issue again?Had you made this request two years ago when we were d.teuussing this
issue,we probably would have had no objection.If this portion was so neccssary, wily was it not reqs zled
when we expended a c ormidcrahle amount of our time and money to do the original trail snap and deed
description at the county*s regt=t? At this point,we are not willing to extend the trail easterly along the
an tire frontage ofStone Valley I2m&
3.ung the Lkaiinage rcgturernenu Byrn.Parcel R,we are not opposed to Install ing;a
storm drainage iystcm to serve buth properties provided oasts are appropriately shared Time frames fror
installation llation and other devils wryuid also need to be clarified.Don Lw is available to discuss this matter at
(510)2113-2020 with the owner of parc el D and the county.
We applied in July of 2001 to build our residence. We have beenworking diligently ever Bina:to make
it happen.Yet,even thotigh this is a family residence that mocts and in some areas cm=ds the legal
mew-,ures aimed at protwing the area in which i t is to be built,every month there w- ems to be some
additional roquirem=T the cocmty wcould like to place on this project. We seriously question the fairness
of treatment we have received to this point. We want to stress we are very committed to following
duwgh with those voluntary and regtured,condit om unprovements we have agrCcd upon.However,we
are also very opposed to inserting any additional bureaucratic process Into what has already turned into a
tcngthy process of approval,.Should we have to seek legal remedies to move the project forward,we arc
ready to do so.Please contact Dua Lee at (5 10)243-2020 to answer any questions or to rcquest additional
hifbrTnation wmwswy to f n%hc r expedite this process.
n Lee
Nf abele Lee
Cc. Dennis Barry,Community 1]evelcoppmeat Director
Catherine Kutsuris,Public Works Tlepamncnt
.Daren Lavas
Inane Zlm ,r
Rich Lierly
IXrmaGrerber,District lit Sigxrvisor
Kathy Chiverton
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTM'E'NT
651 Pine Street, N. Wing - 4th Floor
Martinez, CA 94,553
Telephone: (925) 335-1210 Fax: (925) 335-.
1222
TO: Maurice Shiu, Public Warps Director
Attn: Karen Laws, Real Property Division
FROM: Tennis M. Barry, AICD, Community Deveia nt Director
By: Bob Drake,Principal Planned
DATE. March 10, 2003
SUBJECT: Proposal for Acceptance of Deed Instruments on
Implementation of,a Conditional Certificate of Compliance
Residential Development of Remainder Parcel from
Nflnor Subdivision 16-96,Via Del !Gate, Alamo area
CDD File#ZC010482 (APN 197-020-025; Lee)
This is a follow-up to an earlier memorandum of October 11,2002 concerning implementation of a
conditional certificate of compliance for a remainder property that resulted from a minor subdivision
of property in the Alamo area. The site is located on a hillside area,overlooking Interstate 680 and
the business district of Alamo.
Attached is a description of the background of this site. The site lies within the scenic corridor of
Interstate 680 and Stone Valley Road. There was community opposition at the time of the
processing of the subdivision application. In approving the subdivision,the Board of
Supervisors required that this site be merged with one of the proposed parcels of the subdivision.
iowever,the subdivision developer filed a legal action against that aspect of the decisio. and
was successful in having the decision reversed by the Superior Court.
The conditional certificate of compliance provides for certain measures aimed at protecting the
visual character of the area, and the applicant has designed a residence that adheres to those
standards. We are also seeking that the applicant,Mr. Lee,agree to other measures that are
described in a letter to hire dated March 10, 2003. We are seeking his concurrence on these
2
matters.
We have allowed for the review of a proposed residence on this property subject to the
acceptance of the deed instruments specified in the Conditional Certificate of Compliance.
Those provide for:
• The conveyance of a grant deed of development rights over all but 1.5 acres of the 8-acre
site;
• Extension of a public trail dedication from the north end of the subdivision to Stone
Valley Road; (We have also recently requested that the applicant agree to further extend
the trail easement across the frontage of Stone Valley Road as had been suggested by the
County Surveyor, Rene Zwemmer); and
• Relinquishment of abutters' rights onto Stone Valley Road.
The grant deed of development rights has been reviewed by County Counsel. We have also
requested that the applicant agree to several other measures detailed in the attached letter to the
applicant dated March 10, 2003.
Scheduling of March 25, 2003 Hearing Before the Board of Su ervisors
At this time,we request that you schedule the acceptance of these deed instruments by the Board
of Supervisors for its March 25, 2003 meeting. I have also requested that the applicant contact
your Department on several other matters that various staff have asked try to be accommodated
with this project.
Should you have any questions, or need any assistance,please call me at X5-1214.
Att. Exhibit A-Background to Conditional Certificate of Compliance#ZC010482
Proposed Grant Deed of Development Rights
3110/2003 letter to Dong&Michelle Lee
Cc: Dong and Michelle Lee
Catherine K.utsuris
Public Works Dept.
Rene Zwernmer
Rich Lierly
Linda Wilcox,Deputy County Counsel
File
GACurrent Planning\curr plan\Staff Reports\viadelgato.mem.doc
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Exhibit A
Background of Proposed Residential Development.of
Remainder Property from Minor Subdivision 16-96 (Scatena)
Via Del Gato.(APN 197-020-025; Lee), Alamo
Conditional Certificate of Compliance File #ZC010482
1. Tentative Map Application— The Applicant and Owner, Gerald
Scatena, files for a minor subdivision to subdivide approximately
18 acres into two parcels while allowing for an approximate 8-acre
area to be omitted from the subdivision. The site lies adjacent to
Interstate 680 and Stene Valley Road, on a hill overlooking the
business district of the Alamo community. One of the two parcels
(Parcel "A.") contains an existing residence; the other parcel is
vacant, but occupies a visually prominent and essentially flat
development site. The site is zoned General.Agricultural,A-2
(minimum 5-acre parcel size). The site has a split general plan
designation: the southern portion of the site is designated Open
Space; the northern portion is designated Single Family Residential
—Very Low Density (0.2 unit to 1.0 unit per net acre.
The omitted portion of the site consists of an irregular hourglass-
shaped parcel located on the downhill side of the private road
serving the project, Villa del Gato. Pursuant to Government Code
Section 66424.6, the applicant is allowed to omit a portion of the
original real property insofar as it is not divided for the purpose of
sale, lease or financing. Further, the law bars the County from
fulfillment of construction requirements for improvements until a
permit or other grant of approval for development of the parcel is
.proposed.
2. Staff Proposes a Mitigated Negative Declaration - For purposes of
compliance with the California Environmental Quality Act
(CEQA), staff prepares a Mitigated Negative Declaration
determination on the project. The mitigations restrict the design of
the Parcel B, including provision for
A scenic easement over most of that site;
A-2
• A lower building height restriction than would typically
apply on property zoned General Agricultural;
• A restriction on the exterior reflective material to be used
with the residence to be used for future development of
Parcel B;
A public trail dedication to extend from the southern end of
the property to the north end of the subdivision to run
adjacent to the freeway; and
• Special drainage requirements to assure that runoff would be
directed in a manner not to adversely affect downstream
properties.
No provision for restricting development of the omitted portion is
proposed by staff because State law barred imposing restrictions
on that portion of the site.
3. Zoning Administrator Hearing and Decision on Minor Subdivision
Project - The Zoning Administrator heard the project. At the
hearing, the project was opposed by the Alamo Improvement
Association. The Association was concerned with the visibility of
the site, and that it might not fit in with the surrounding
community. They opposed the project, including the proposed
omission of the lower portion of the property from the subdivision.
Notwithstanding the objections of the AIA, the Zoning
Administrator adopted the Mitigated Negative Declaration and
approved the project as recommended by staff.
Improvement Associationfiled an appeal on the
decision.
4. Hearing on AIA.Ap ep al by the San Ramon Valley Regional
Planning Commission -- The Planning Commission conducted a
hearing on the appeal. After taking testimony, the Commission
determined that the project was not consistent with the General
Plan. The Commission voted to grant the appeal of AIA, and deny
the project.
The applicant then filed an appeal of the Planning Commission's
action.
A-3
5. Board Action on Appeal of the Applicant —After taking testimony,
the Board of Supervisors grants the appeal, but conditions it to
require that the omitted portion be added to the area of Parcel B.
6. Applicant Piles a Legal Action Against County for Forcing the
Addition of the Omitted Portion to the Subdivision—The action is
seeking to reconfigure the parcel to allow for restoration of the
omitted area.
7. Approval of Parcel Man --After demonstrating to staff substantial
compliance with the subdivision permit and subdivision ordinance,
the Board approves a parcel snap for the project that is based on the
tentative map approval action of the Board of Supervisors
(dividing 18 acres into two parcels with no omitted area). The
parcel reap is subsequently recorded.
8. Court Decision in Favor ofApplicant- The Superior Court ruled
in favor of the applicant and allowed the lower portion of the site
to be omitted from the subdivision as originally proposed by the
applicant.
9. Board of Supervisors Approval of an Amended Parcel Map —
Based on the ruling of the Superior Court, the Board of
Supervisors approved an amended map that restored Parcel B to its
original proposed configuration, and allowed for the lower portion
of the site (approximately 8 acres to be omitted as a designated
remainder.
10. Subdivision Developer Conveys Remainder (Omitted)Area—
Followin.g the recordation of the amended Parcel Map, the
subdivision developer sold the 8-acre remainder area to Mr. Dong
Lee. Government Code Section 664.24.6 (d)permits this
transaction, however the law also allows the County to require a
certificate of compliance or a conditional certificate of compliance.
11. Conditional Certificate of Compliance --Mr. Lee approached staff
on a proposal to construct a residence at the subject property. Staff
advised him that a conditional certificate of compliance would be
required. On September 19, 2002, staff issued a conditional
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A-4
certificate of compliance for this site. The conditions attached to
this property provided for the following:
• Provision for a scenic easement covering all of the site except
for a 1.5 acre development site on its northern portion, and also
allowing for passible future subdivision of the property;'
• Extension of the public trail easement established with the
original subdivision to provide a complete connection from the
south end of the subdivision to Stone Valley Road;
• Restriction of the light reflectance of exterior colors of the
residence to be built on the site; and
• Relinquishment of abutters'.rights. onto. Stone.Valley Road (so
that access would have to be from Alamo Ranch Road and the
private.road at the upper end of the property.
12. Processing of Building Plans for a Residence—While the
implementation of the Conditional Certificate of Compliance has
gone forward, staff has allowed for the review of the construction
plans by the Building Inspection Department. Staff understands
that the plans are ready to be issued, subject to clearance by the
Community Development Department. The Conditional
Certificate of Compliance bars the issuance of a building permit
until the Board of Supervisors has accepted the required
acceptance of the proposed deed instruments, and those
instruments have been recorded.
13. .Additional Changes Accepted by he A licant i Mr. Lee has met
with County officials and has agreed to certain other measures to
be imposed on the development of this site.
• A slight reduction in the height of the residence; and
• The addition of landscaping to soften the appearance of the
residence from off-site vantage points.
r It should:be noted that the site has a split general plan designation;partly SFR—very Low density which
would allow consideration of a further subdivision of this site. However,the conditional certificate of
compliance nates a number of factors that may limit any additional subdivision of the site.
CONTRA COSTA Co Recorder Off ice
When Recorded Mail To: STEPHEN L. WEIR Clerk-Recorder
DOC— 200 —0334248-00
Community Development Director Check Number
Thursday, SEP 19, 2002 11:49:34
Contra Costa County MIG $1.00 MOD $6.00 REC $10.00
651 Pine Street 'CCF $5.00
Martinez, CA 94553 Ttl Pd $22, Nbr-0001053251
xrcfR9/1-6
Recording Requested by: Bob Drake
Space Above This Line For Recorder's Use
CONDITIONAL.,, CERTIFICATE OF COMPLIANCE
File#ZC-010482
(C.C.C. Ord.. Code Section 92-12.606,& Govt. Cade Section 66499.35)
At the request of the owner, Dong K. Lee,the Contra Costa County Community Development
Director has determined that the following described real property complies with applicable
provisions of Division 2 (Section 66410 ff.,the Subdivision Map Act) of the Government Code
and with the County's Subdivision Ordinance(Section 92-2.402 ff., Title 9,Ord. C.):
REAL PROPERTY DESCRIPTION
1. Assessor's Parcel Number: 197-020-025
2. Certificate is for One Parcel
3. Legal Description:
The land referred to herein is situated in the State of California, County of Contra Costa,
unincorporated, described as follows:
Designated Remainder(approximately 7.8.E acres) of mended Parcel Map,
Subdivision.AILS 16--96, recorded April 13, 2000 (178 PM 29).
4. Prior to issuance of any building or grading permit,the owner shall provide evidence to
the Community Development Department for the review and approval of the Zoning
Administrator that the following conditions have been met:
Conditional Certificate of Compliance
County File#ZC0:10482
Page 2 of`5
a. Delineation ofDevelopment Envelope and Scenic Easement Area and Dedication
of Scenic :Easement Outside of Development Envelope—The owner shall submit
two copies of a map of the subject property prepared by licensed surveyor or
registered civil engineer that proposes a Development Envelope not exceeding 1.5
acres in size, in which all residential improvements,accessory buildings, and
related improvements must be located. The boundaries of the scenic easement
shall be described by metes and bounds description on the property map. The
development rights of the balance of the site shall be grant deeded to the County
(so-called "scenic easement'), except that driveway and utility connections may
be allowed that serve a residence within the Development Envelope.
The map will be accompanied by a proposed grant deed of development rights
instrument providing for the dedication of the development rights for the
approved scenic easement area. The proposal shall be subject to the review and
approval of the Zoning Administrator within.the Community Development
Department.
Prior to issuance of a building or grading permit,the applicant shall provide
evidence to the Zoning Administrator that the Board of Supervisors has accepted
the scenic easements and that the accepted instrument has been recorded. The
recorded scenic easement boundary shall be displayed on the site construction
plan..
Exception to Scenic Easement Restriction—The following specified uses might
be allowable within the delineated scenic easement area subject to the applicant
first obtaining all necessary permits from the County.
Subdivision of Site-Development permits may include but not be limited to
approval of a tentative map application, and rezoning of the property from the
existing General Agricultural(A-2)district to a zoning district conforming to
the general plan policies that apply to this site.
1. Subdivision of Site into a Maximum of Two Parcels - The subdivision of
APN 192-020-025 into not more than two parcels,inclusive of any
remainder, &r-O nct allm-,r:.r;fca cmission of any portion of the site.
2. Single Family Residence—Should the County approve a subdivision for
the site, then the property owner shall be allowed to develop a single
family residence on the new building site parcel,including the accessory
structures and uses normally auxiliary to it, subject to compliance with the
design control restrictions and procedures with the applicable zoning
ordinance restrictions.
Conditional Certificate of Compliance
County File#ZC 10482
Page 3 of S
Before proposed development within the area affected by the grant deed of
development rights may be approved,the County must find proposed
development consistent with the general plan as applies to this site, including
consistency with slope protection,noise compatibility, and scenic route
corridor policies; any proposed development will also be subject to
compliance with applicable environmental review.
Nothing in this grant deed instrument shall guarantee the right of the current
owner, or future owners of this property to subdivide this site.
b. Dedication.ofHikinWE-questrian Trail—The owner shall submit two copies of a
map of the subject property prepared by a licensed surveyor or registered civil
engineer that proposes to dedicate to Contra.Costa County a ten-foot wide hiking
and equestrian trail easement. The easement shall be designed to join with the
northern terminus.o f the existing trail easement on Via Del.Gato, extending
northward along the westem boundary of the project, adjacent to Interstate 680, to
join with the Stone Valley Road right-of-way. The map shall include a metes and
bounds description of the proposed trail easement.
A proposed grant deed instrument to convey the trail easement to the County shall
accompany the map. The proposal shall be subject to the review and approval of
the Zoning administrator within the Community Development Department.
Prior to issuance of a building or grading permit,the applicant shall provide
evidence to the Zoning Administrator that the Board of Supervisors has accepted
the trail easement, and that the accepted trail easement has been recorded. The
recorded trail easement shall be displayed on the site construction plan.
c. Relinquishment of Access Eights Aloe Stone Valle Road Fronto e—The owner
shall subnait evidence that abutters' access rights to Stone Valley Road have been
relinquished to the County. This step may be accomplished by working with the
Public Works Department,Engineering Services Division.
d. Restriction on Light Reflectance of Exterior Residential Colors The owner shall
provide for a sample color palette indicating the colors(roof and building sides)
for the proposed exterior of the residence(roof and building sides) to accompany
submittal of the construction plans. Further,the owner shall also submit a letter
from a licensed architect indicating that the colors will not exceed 50% light
reflectivity.
Conditional Cet ficate of Compliance
County File#ZC01 0482
Page 4 of S
e. Processing Fee—Processing of the steps to show compliance with the
requirements of this permit shall be subject to a fee charge by the County to the
owner covering all staff time and material expenses. The property owner shall
provide evidence to the Community Development Department of the payment of
any due balance prior to clearance of a building permit.
Adilstiry Notes
PLEASE NOTE THAT ADVISORY NOTES ARE NOT A PART OF THE
CONDITION. ADVISORY DOTES ARE PROVIDED FOR THETURPOSE OF
INFORMING THE OWNER OF ADDITIONAL ORDINANCE AND OTHER
REQUIREMENTS THAT MAY HAVE TO BE MET IN ORDER TO
LAWFULLY PROCEED WITH DEVELOPMENT.
A. Zoning_Ordinance Regulations -At the time of recordation of this
certificate,the parcel is zoned General Agricultural,A-2. Prior to issuance
of a building permit,the applicant must demonstrate compliance with the
design regulations of the A-2 zoning district. In addition, the applicant
shall comply with the requirements of the Tree Protection and Preservation
Ordinance concerning any trees on the subject site that qualify as protected
trees under that ordinance. Any questions on meeting these requirements
shall be directed to the Community Development Department.
B. Grading Ordinance Requirements—Proposed grading shall comply with
the requirements of the Grading Ordinance, including any applicable
public notice requirements.
C. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES,
DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS
PERTAINING TO THIS CERTIFICATE.
This notice is intended to advise the owner that pursuant to Government
Code Section 66000, et seq.,the owner has the opportunity to protest fees,
dedications, reservations, and/or exactions required as part of conditional
certificate of compliance. The opportunity to protest is limited to a 90-day
period after the certificate is recorded.
The ninety(90)day period inwhich the owner may protest the amount of any
fee or the imposition of any dedication, reservation, or other exaction.
required by this certificate,begins on the date this permit was recorded. To
be valid, a protest must be in Writing pursuant to Government Code Section
Conditional Certificate o,f Compliance
County File#zc010482
Page 5 of 5
66020 and delivered to the Community Development Department within 90
days of the certificate date of recordation.
D. Comply with the requirements of the San Ramon Valley Fire Protection
District.
DIS CLAIMER
This certificate relates only to issues of compliance or noncompliance with the Subdivision Map
Act and local ordinances enacted pursuant thereto. The parcel described herein may be sold,
leased, or financed without further compliance with the Subdivision Map Act or any local
ordinance enacted pursuant thereto. Development of the parcel may require issuance of a permit
or permits, or other grant or grants of approval.
This document does not certify and shall not be construed to certify that the subject real property
complies with any other haw affecting the subject real property,including the County's zoning
ordinance. No building permit or grant of approval for development of the subject property may
issue until all requirements of the County's zoning ordinances, including the requirements of the
General Agricultural (A-2)District are met, or variances from said requirements are obtained
pursuant to procedures set forth in the County Ordinance Code. Nothing herein shall be
construed to authorize or require the granting of any variance from the requirements of the
General Agricultural District for the subject real property.
This Certificate does not approve, or imply that approval is or will be given to this parcel for
Building Site status, a permit for a dwelling,mobile home, or any other land use or structure
regulated by the Contra Costa County Zoning Ordinance.
DEX IS M.BARRY'',AICD
Community Development Director
By /" t"
Deputy
.Date
Notarize
w\zc-410482-coc
RD\
Rev.6/1102
_._ _.._..... ......... ......... ......... ......... ......... ......... .I--.... 11.11
_ _ ...... ............ . .......... ......... ......... ......... ..._..... ._....... ........ ......... ......... ......... .........
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
- -
State of California
County of ss.
t � -C6�` t'�[ C`y ��._
On ell: �tY t before me, ,
Date Name and Title of Officer(e.g.,"Jane Doe,N ery ublic") )
personally appeared c i 11:e� K—e ,
I
Name(s)of Signer(s)
ersonally known to me I
proved to me on the basis of satisfactory
evidence
to be the person(s;, whose name(*,) is/a�e-
subscribed to the within instrument and
acknowledged to me that he/s�.executed
the same in hislhe,,, 'mow authorized
DEBI & FOLEY capaclty(teQ, and that by his/haAMvif
colmmission#127585 signature(s.} on the instrument the person(s), or
NotiPL1t*---Califon-do
Conhn Custer County the entity upon behalf of which the person}
WC'xmrn.SgYMSePZ20J4 acted, executed the instrument.
to W
WITNESS my hand and official seal,
Placa Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Descri !#ion of Attached Document r /
Title or Type of Document: U�--lr
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(iss) Claimed by Signer )
Signer's Name:
❑ individual .
❑ Corporate Officer—. Title(s): Top of thumb here. t
❑ Partner—❑ Limited ❑General }
)
❑ Attorney in Fact )
❑ Trustee i �l
❑ Guardian or Conservator
❑ Other:
.l
i
Signer Is representing: l
.I
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................ ............ ......I.......................-.......................
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A*ma ys far Respondents
77 cam Cosa cmity Board of
S%=Vm=&C=m Costa.Couniy
9
IQ SLjpEpJ0R CotMT OF CALWOFMA
COUNTY OF CONTRACOSTA .
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CONTRA COSTA COUNTY BOARD OF,
1:5 , SLIMVISon:CONTRA COSTA
COUNTY1 a division oftht SUL*of
17
2() TO TM COURT.
21 Rmpmdants,CONMA COSTA COUNTY BOARD OF SUPERVISOn AND CONTRA
22 COSTACM9M mAlms the fm&ming mtum tO ft Pmm"PtOTY wrk Gfumulamus isguad'n tris
23
24 an Wovembcr 16;199%rcqxmdmt Bond of Swervhmm issued im ordtr scrUng aside that
25 Portia:.*fits docisiou of I=uuy-13. 1998 which had dated the owinion of an 8.01 zc=Poltim
76 of the mibj ect property ft=they minx vabdivWon 96-16 im cc=msnded'by the pwamptory merit
27 inuod by this Cowt Octaber4.1999 sud Sod 0dober 21, L9914.
29
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wvx I CORD fSra nn hewring an Petition for Writ
of Adi s,trlttive MUwda#t hetd It the AlWile4actimd xiur#er be Wised
frcnm the crmody of the Clergy,and returntca to the party iatr�educiag
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PATSE`Y
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CommunityCP
Contra Commismm�mi M. De et pi
l tment Director
Co
Development Costa
Department Count
County Administration Building
651 Pine street
4th Floor,North Wing '!
Martinez;California 94553-0096 .
Phone: (925)335-1214 rR
March 10,2003
r�
Dong& hele Lee
1540 D�Court
Dixon, CA 95620
Dear Mr. &Ms. Lee:
Be: Acceptance of Beed Instruments by Board of Supervisors
For the Conditional Certificate of Compliance (APN 197-020-025)
Via Del Gato, Alamo area
CTIA File#ZiC010482
The preparation of the scheduling of the deed instruments for the above-captioned
Conditional Certificate of Compliance is proceeding. Attached is a memorandum that we
have forwarded to the Public Works Department to allow the scheduling of this matter.
We have already discussed this matter with Karon Laws of that Department.
We have asked that this matter be scheduled on the September 25, 2003 Board agenda for
Board acceptance action.
The purpose of this letter is to:
• Confirm certain understandings on the development of this site which we
understand that you have agreed to that extend beyond the restrictions of the
zoning regulations and the conditional certificate of compliance that was issued
last year, and
• To see if you would be willing to consider additional provisions relative to the
development of this site.
Modifications Which We Understood Have Been Accepted
We understand that you have agreed to make a small architectural change that would
slightly reduce the height of the structure by removing the cupola at the proposed
residence's apex.
Office Hours Monday- Friday 8.00 a.m. -5:00 p.m _
2
We also understand that you have agreed to provide for the planting of landscape
improvements,part of whose function would be to soften the appearance of this structure
as seen from various off-site vantage points,particularly with respect to Interstate 680
and Stone Valley Road.
At this time,we request that you confirm that you have agreed to these additional
measures.
Other Matters of Concern to Staff
In addition to the above matters,we have been asked by various County staff if you
might agree to several other measures.
1. Timing of the Preparation of Landscape Plans and Completion of Landscape
Improvement Agreements—Would you be willing to provide for the:
a. Preparation, submittal to CDD,review and approval of proposed of a
landscape/irrigation plan on the agreed landscape improvements, and
related security',agreement prior to requesting a framing inspection of the
residence? The security agreement would extend for at least one year
following initial planting and intended to assure means of replacement
should improvements fail.
b. Completion of the approved landscape/irrigation plans prior to requesting
a final inspection of the residence?
2.- Extension of 10-public trail along Stone Valley front of Property—Public
Works staff has expressed concern that the trail required by the Conditional
Certificate of Compliance, and that you have proposed to grant deeded to the
County will not be sufficient to assure its functionality in the event that it is
ever developed.
Would you be willing to extend it from its northern terminus easterly along
the entire frontage of Stone Valley Road? (See attached map.) If so,we
would request that your civil engineer provide a modified trail map and deed
description to the Public Works Department, Attn. Rene Zwemmer prior to
this matter coming to hearing before the Board of Supervisors.
3. Partial Acceptance of Drainage Responsibility from Parcel B Owner--As you
know,the owner of Parcel B is also attempting to develop that site with a
residence. In reviewing the drainage requirements that apply to that parcel,
the Public Works Department is concerned that the burden that was imposed
on that parcel is somewhat onerous.
Public Works indicates that your project will be required to convey runoff
from your residence to Stone Valley Road. The development of Parcel B will
also require approval of a drainage system that extends down through your
3
property to Stone Valley Road, and could parallel the system that you would
be installing,and therefore redundant.
Would you be willing to agree to install a storm drainage system to serve both
properties, and absorb the expense, for that segment that would serve your
property? If so,I would request that you or your civil engineer contact Rich
Lierly, Senior Civil Engineer in the Public Works Department at your earliest
convenience [(925) 313-2347].
Thank you in advance for your consideration of these matters. Should you have any
questions, I can be reached at,[(925) 335-1214]. However, i expect to be away from the
office for the next few days. Still, you can leave a voice mail message and I will try to
return your call at my earliest convenience. Should you wish to contact Ms. Laws in the
Public Works Department, she may be reached at(925) 313-2228.
Sincerely,
ROBERT H. DRAKE
Principal Planner
Att. 3/1012003 CDD memo to Public Works
`frail Map Showing Proposed Extension Along Stone Valley Road
Cc: Catherine Kutsuris
Public Works Department
Karen Laws
Rene Zwemmer
Rich Lierly
Pile
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Y M Y `
.FROM LEE FAMILY FAX NO. 7076780618 Mar. 1S 2003 10:58PM P2
DON" AND MICHELE LEE
I54t#Cirlll Court��� _..-_-_..,_„ ...____M..,...__.._
171xon,CA 95620
Phone: (7n 678-0618
March 18,2003
Contra Costa County
community I7eveIopm=T rXVarbnenj
Robert lL Drake,I'Yincipsl Planmer
651 Pine Street
4th l loor,Ncmh Wing
Maturer,CA 94553
Dear Mir.Drake.
Re: Acceptance of Deed Ustmments by Board of Supervlcnrs
Via Del Cato,Alamo Area
CO=ty lF"Ts a#ZC000482
We appreciate that the he2ring for the acceptance of the deed instruments by the Hoard of Supervisors has
finally bre scheduled fcrr March 23,2003.
We confirm we Have wood to:
•R=Uce the he5ght of the struch7t by m0ditjring the cupola so that its height will not exceed 3
feet
•MOkc lattdwratpe imprCm=euts,including the planting of ritu=ous native trees,shrubs and
plants around the pr%v—cry and residence to enhance the appearance of cur site as well as
preserve our privacy,
on the dcvcicsp=t Of 7ksignated Rsxr cinder ofN4S960016 Parcel.Map(AP'N 197-020-025)Via Det.
Cato,Alamo Arra,County File#ZC0004&2.These additional measures are undertaken voluntarily even
that'extend bind wig.was required by the;restricts of the zoning regulations and ccndit3ional
certiftme of compliance that wac issucd in 2002.
ftgarding the additional provisions you have asked vwe consider relative to the deve k)pment of this site in
yow March 10,2003 Idler:
1.It has always been our intentioa to landscape and imgate the property ih th a responsible,
envirumnEntally coral pian..We have stated this on many occasions.Since shin is entirely voltmtary,we
do not vAW a pros thax would require us to mpend cffct►and re;wmce—i;beyond what is required by the
regulations and th(ase conditions aheady it)place.Nor do we want a prooess that would event feather delay
the prrjeCt bc3md whet has ahoy baen going on fOr almost two Ym-Therefrsrew we are not ageertng to
a p q*mdo .mAm tW to CDL?,review and approval of a landscapelirrttgadon plan and proof of a one
year plus Stecttrlty Wa=cnt prior to requesting a fra Tft imVe tion andlcr prior to rogtttesting a final
jrtspectkm of the residence_
2.Additionally,regarding extension of The public trail,the same objections adst. We
...............................
......_....... .___..... .._...... . ......... ......... ......... .........__.........._................ .._._.... ......... .._...... ......._.
FROM : LEE FAMILY FAX NO. : 7076780618 Mar. 28 2003 10:58PM P3
shiccre€y have nude an effort tcs ac=nmodatc the county and community intern-its jts trluch as possible.
We have already Weed on what we are willing to grant deed the c(31Mty_ Mr.Drake,why ager two ye,-ws
are you raising this'5=t S&dn?Had you made tie's rtquen twu years ago when we were discussing this
issue,we probably would have had no abjection.If'this pardon vrds so necessary,why was it nest requested
when we wgwxx al a cnnsidcrable arnaunt ofour time and=cy to do the original trail map and deed
description at the ccunty+s request? At this point,we are not wflUng to e;dcnd the trail cssterly along the
entire frontage of Stow Valley Ikoad.
3.ceding the Drainage roquirwnents from.Marcel R,we are not opposed W installing a
storm dmtnage systcrn to serve bath propceties provided costs are appropriately shared,Time frames for
inOffiation and other details would also need to be clarified.Don Lee is available to discuss this matter at
(5 10)243-2020 with the owner of parcel B and the e m my.
We applied i a July of 2001 to build our residence. We have been working diligently ever since to make
It happen.Yet,evens though this is a ft'afly remdence that meas and in some areas exceeds the le&d
m mstwes aimed at protcCO119 the area in which it is to be btutt,every month there seems to be some
additional requiTement the o tmty would 3 ce to place on this project. We seriously question the fairness
Of trea�m=we have received to this point. We want us stres&%t are very committed w following
through with those voluntary andaegtAreci conditionsAmprovements we have agreed upon.However,we;
are also very wed,to inserting any additional tureau=aric process into wliA, has already turned into s
lengthy process of approval Should we have to seek legal remedies to move the project forward,we arc
rcadyto des so.Please cowam Mott Lee at (5 10)243-24120 to ansvAT any questions or to rimiest additional
infxsrmad au ncocssary to further expeditc this process.
ncbele LLeeT
ee
Cc: Fetuses Barry,Community Uevelopmertt Director
Catherine Kutsurls,.Public Works Department
Karen Laws
Rene 21r
Rich Ilerly
I kutna C rerber,District III Sl% isor
IGathy Chiverton
r 9
AFTER RECORDING,RETURN TO: RECORDED AT REQUEST OF:
CONTRA COSTA COUNTY Dong Lee
Community Development Department
Current Planning Division
651 Pine Street,North Wing—4th Floor
Martine;,CA 94553
CONTRA COSTA COUNTY
Public Works Department
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Assessor's Parcel No.: 197-020-025
GRANT DEED OF DEVELOPMENT RIGHTS
This Grant Deed is made by and between the Grantor,Dong Lee,an individual, and his heirs,
successors and assigns("Grantor) and the Grantee, Contra Costa County,a political subdivision of the
State of California, and its successors and assigns("County").
RECITALS
A. On January 13, 1998,the County approved an application to subdivide approximately 18
acres of real property in the Alamo area of Contra Costa County("Minor Subdivision 16-96 ). The
division would have resulted in two parcels,A and B.
B. The County's approval of Minor Subdivision 16-96 was conditional. Condition of
Approval#4, required an approximately 8-acre area,which had been proposed to be omitted from the
subdivision,to be added to Parcel B. Condition of Approval#5.B.required a grant deed of development
rights to the County in the general area outside development envelopes on Parcels A and B.
C. On October 21, 1999,the Contra Costa County Superior Court issued a Peremptory Writ
of Mandamus,which commanded the County to set aside Condition of Approval#4. On November 16,
1999, in compliance with the ruling of the Court, the County set aside Condition of Approval#4., as set
forth in a November 17, 1999,Return to Peremptory Writ of Mandamus.
D. On April 13, 2040, an Amended Parcel Map was recorded for Minor Subdivision 16-96, a
copy of which is attached hereto as Exhibit A. The Amended Parcel Map shows the division of Minor
Subdivision 16-96 into(1) Parcel A, consisting of 5 acres, (2)Parcel B, consisting of 5.18 acres; and(3) a
Designated Remainder, comprising 7.83 acres. The Designated Remainder, as depicted and described on
Exhibit A,shall hereinafter be referred to as the"Property."
Page 1 of 4
E. The Amended Parcel Map provides that an area designated"scenic easement"was
dedicated to the County for conservation and scenic purposes and that no development within the scenic
easement shall take place without the consent of the County.
F. On September 19,2002, the Community Development Director issued a Conditional
Certificate of Compliance File#ZC-0101482),which set forth that the Property complied with the
Subdivision Map Act and Title 9 of the Contra Costa County Ordinance Code. The Conditional
Certificate of Compliance also set forth that,prior to the issuance of a building or grading permit,the
owner shall grant deed to the County the development rights on the Scenic Easement portion of the
Property.
G. Grantor desires to evidence his intent, and to insure,that the obligations specified herein
are covenants,conditions and restrictions that run with the land and are for the benefit of the County.
NOW THEREFORE, for good and valuable consideration, including but not limited to the
agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, Grantor
hereby grants to County,and to its successors and assigns,on the terms and conditions set forth below, all
of the Development Rights on the Scenic Easement portion of the Property,as identified below.
1. Recitals. The recitals are intended to be and shall be part of this Grant Deed.
2. Scenic Easement. "Scenic Easement"is defined to mean and refer to the Property,
excepting the approximately 1.5 acre area identified as the "Development Envelope"as more particularly
described on Exhibit B,a copy of which is attached hereto.
3. Development Rights. "Development,Rights"are defined to mean and refer to the right to
divide, develop, install or construct improvements on all or any portion of the Scenic Easement.
4. Negative Easement. This Grant Deed is in the form of negative easement which shall run
with said Property and shall bind the current Grantor and any future owners of all or any portion of said
Property that includes all or any portion of the Scenic Easement. This Grant Deed is an agreement in
writing affecting the title or possession of the Property.
5. Development Restrictions. Except as provided herein, Grantor shall not divide, develop,
install or construct improvements on all or any portion of the Scenic Easement, and Grantor agrees that
no building permits or other permits shall issue for the purpose of constructing improvements on any part
of the Scenic Easement. Grantor hereby waives and relinquishes any rights he might otherwise have to
such permits.
5.1. Plans and Specifications; County Approval. Any and all improvements on the
Scenic Easement will be performed as directed by County or its successor public agency.
Grantor shall cause.plans and specifications for improvements to be prepared by
competent persons legally qualified to do the work and to submit said improvement plans
and specifications to County for approval prior to commencement of any work, and shall
pay any County improvement plan review and inspection fee. The work shall be done in
accordance with County standards in effect at the time improvement plans are submitted
for approval or, upon annexation of the Scenic Easement to any city, in accordance with
Page 2 of 4
.. ..................................................................................................................................................................................................................................
....._. ........... ........... ......... ......... ......... ......._. .__..._...._........._........_._.. ............ _........ ......... ..........
the applicable city standards. Grantor agrees to commence and complete the work within
the time specified by County.
5.2. Scenic Easement Development. The following specified uses might be allowable
within the Scenic Easement, subject to Grantor first obtaining all necessary permits from
the County:
5.2.1. Ingress/E2ress,Utilities. Driveway and utility connections that serve a
residence within the Development Envelope.
5.2.2. Subdivision of Site. Development permits may include but not be limited
to approval of a'tentative map application, and rezoning of the property from the
existing General Agricultural(A-2)district to a zoning district conforming to the
general plan policies that apply to this site. Before proposed development within
the area affected by the grant deed of development rights may be approved, the
County must find proposed development consistent with the general plan as applies
to this site, including consistency with slope protection,noise compatibility, and
scenic route corridor policies, any proposed development will also be subject to
compliance with applicable environmental review.
Nothing in this grant deed instrument shall guarantee the right of the current owner,
or future owners of this property to subdivide this site.
5.2.2.1. Subdivision of Site into a Maximum of Two Parcels. The
subdivision of APN 197-020-025 into not more than two parcels, inclusive
of any remainder, and not allowing for omission of any portion of the site.
5.2.2.2. Single Family Residence. Should the County approve a
subdivision for the site, then the property owner shall be allowed to develop
a single family residence on the new building site parcel, including the
accessory structures and uses normally auxiliary to it, subject to compliance
with the design control restrictions and procedures with the applicable
zoning ordinance restrictions.
6. Covenants Running With Land. This Grant Deed shall be binding on the parties hereto
and the provisions hereof shall be covenants running with the land and shall inure to the benefit of and be
binding on the heirs, successors and assigns of Grantor,County and all of the Property and all other
parties having or acquiring any right,title or interest in any part of the real property encumbered by the
easement described herein.
7. Remedies. Should Grantor violate any of the provisions hereof,County shall be entitled to
all rights and remedies available at law or in equity, including without limitation, an order enjoining the
activity in violation hereof and an order requiring the removal of the improvements constructed in
violation hereof. In addition, County shall be entitled to an award of all expenses incurred by County in
pursuing such violation(s),including costs, interest, attorney's fees and other litigation expenses.
Page 3 of 4
_ _
IN WrINESS WBBREOF,this Grant Deed of Development Rights is signed and executed this
first day of April .) 2003
GRANTEE GRANTOR
CONTRA COSTA COUNTY
By /"
Cham,Board of SupervisorsDo Lee
Approved: IGNATURE MUST BE NOTAR M]
' f
By
Community Development bept.
Approval as to form:
Si.ivano B.Marchesi
County Co el
t
u ty Counsel
Exhibits
Exhibit A: Amended Parcel Map,MS 16-96
Exhibit B: Legal Description and Map of Development Envelope
Page 4 of 4
tri ' 0
-� No.7386
E . EXHIBIT "B"�
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EXHIBIT "B"
LEGAL DESCRIPTION FOR DEVELOPMENT ENVELOPE
BEING AN AREA UPON THE NORTHERLY PORTION OF THE PARCEL OF
LAND AS DESCRIBED AS BEING THE AREA DESIGNATED REMAINDER(NOT
A PART) 7.83 ACRES, AS SHOWN ON AMENDED PARCEL MAP SUBDIVISION
MS 16-96(178 PM 30), BEING A PORTION OF RANCHO SAN RAMON, COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERLY END OF THE COURSE OF PROPERTY LINE
N 84022'49" E 122.99' AS SHOWN ON THE NORTHERLY PORTION OF SAID
DESIGNATED REMAINDER(NOT A PART )7.83 ACRES OF SAID 178 PM 30;
THENCE THE FOLLOWING COURSES: S 19000' 10"E, 119.50 FEET; S 5303836"
W, 159.25 FEET; S 59102' 50" E, 122.79 FEET; S 1900Y 10" E, 39.50 FEET;N
70059' 50" E, 61.00 FEET; S 19009 10" E, 62.50 FEET;N 70159' 50" E, 37.00 FEET;
S 19000' 10" E, 124.50 FEET; S 70'59' 50" W, 154.50 FEET;N 19000' 10"W, 212.50
FEET;N 60126 52" W, 182.80 FEET;N 190 00' 10" W, 60.00 FEET TO A POINT ON
A COURSE OF PROPERTY LINE ON SAID NORTHERLY PORTION OF SAID
DESIGNATED REMAINDER(NOT A PART )7.83 ACRES,BEING S 53142'24"W,
262.3 5 FEET FROM SAID POINT OF BEGINNING; THENCE N 5314224" E, 262.3 5
FEET TO THE POINT OF BEGINNING. CONTAINING 1.46 ACRES
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N'o.7386
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STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA)
On 3 Laoh)3 , 1 L.,e— personally appeared before me,
L, 1-:�e �,— , Depdty Clerk of the Board of Supervisors,Contra Costa County.
L—ee— is personally known to me (or proved to me on the basis
of satisfErctory evidence)to be the person(s)whose name(s)is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the
person(s),or the entity upon behalf of which the person(s)acted, executed the instrument.
In Witness whereof 1 ve hereunto set my hand the day and year first above written.
By:
Deputy Clerk ---------
G:\GrpData\RealProp\FORMS\AKI.doc
2/24/03
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