To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Authorization for grading and construction of a retaining wall for utility improvements on Assessor’s Parcel Number 011-350-010 in the Discovery Bay area, as it is grant deed to Contra Costa County.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. FIND that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15303, 15304 and 15305.
2. APPROVE and AUTHORIZE, under the terms of the attached grant deed of development rights held by the County, Century Communities of California, LLC to conduct site improvements, including retaining walls between Assessor’s parcel 008-540-037 as it crosses over Assessor’s parcel 011-350-010 (Parcel J), and grading for a sewer access road, as required by the Town of Discovery Bay on Parcel J, located at Newport Drive in the Discovery Bay area, in accordance with development plan County File No. CDDP24-03053.
3. DIRECT the Director of the Department of Conservation and Development to file a Notice of Exemption with the County Clerk.
FISCAL IMPACT:
There is no fiscal impact. The applicant has paid the necessary application deposit and is obligated to pay supplemental fees to recover any and all additional costs associated with the application process.
BACKGROUND:
The proposed grading for a sewer access road will be on Assessor’s parcel number 011-350-010 (Parcel J), adjacent to Newport Drive and across from Slifer Drive, in the Discovery Bay area of the County. Per the Conditions of Approval (COA#5B) of the Discovery Bay West Development Subdivision (CDSD91-07686), the development rights for the open space parcel have been dedicated to Contra Costa County necessitating the Board to authorize improvements on this property.
On January 22, 2024, Century Communities of California, LLC submitted an application to amend Final Development Plans #CDDP09-03029 (Newport Pointe Subdivision) and #CDDP91-03025 (Discovery Bay West Subdivision) to allow grading and site improvements on Parcel J. The project involved trenching along the eastern boundary of the subject property, along Newport Drive, to allow utility connection from the Newport Pointe Subdivision to the Town of Discovery Bay’s sanitary sewer system. On June 25, 2024, the Board approved the request.
On November 25, 2024, Century Communities, submitted a secondary application proposing additional improvements to accommodate an all-weather access road for sewer maintenance within Parcel J, where the sewer serving the project is located. These improvements were required by the Town of Discovery Bay Community Services District to facilitate the development of the residential subdivision. The improvements include the sanitary sewer access road as well as transitional retaining walls south of Parcel J while crossing over to parcel 008-540-037, which is an open space parcel for the Newport Pointe subdivision.
On April 21, 2025, the Zoning Administrator conducted a noticed public hearing on the application. No public testimony was received, and the application was approved subject to COA#2 which requires approval by the Board of Supervisors. As such, the proposed project is deemed consistent with the existing uses on-site, which was approved by the Zoning Administrator. Therefore, staff recommends the Board of Supervisors authorize the grading and retaining wall construction on Parcel J, a property where the development rights have been granted to the County.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, development plan County File No. CDDP24-03053 will be denied and the applicant will not be able grade and build as needed for the Newport Pointe subdivision.