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Project Title: |
Withers Avenue 3-Lot Residential Subdivision |
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County File: |
#CDMS22-00011 |
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Applicant/Owner: |
Pallav Chatterjee / Jeanette Sorensen Trust |
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Zoning/General Plan: |
R-20, Single-Family Residential District / SL, Single-Family Residential - Low Density |
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Site Address/Location: |
2.56-acre property located approximately 200-feet from the corner of Withers Avenue and Pleasant Hill Road in the unincorporated Lafayette area of Contra Costa County (APN: 166-160-034) |
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California Environmental Quality Act (CEQA) Status: |
Mitigated Negative Declaration, SCH 2026060678 |
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Project Planner: |
Dominique Vogelpohl, Senior Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
A request for approval of a Vesting Tentative Map to subdivide a 2.56-acre site into 3 new residential parcels to be accessed by a new private road from Withers Avenue, a Tree Permit to remove 20 trees and work within the dripline of 24 other trees, and 4 exception requests (1. Chapter 96-10 - requirement to underground utilities, 2. Division 914 - to construct the access road within the creek structure setback, 3. Division 914 - to construct the bio retention basin within the creek structure setback, and 4. Chapter 92-6 - requirement to construct frontage improvements). The project also includes 1,200 cubic yards of grading (600 cubic yards of cut and 600 cubic yards of fill).
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the mitigated negative declaration prepared for County File #CDMS22-00011 adequately analyzes the project’s environmental impacts, that there is no substantial evidence that project will have a significant effect on the environment, and that the June 12, 2026, Mitigated Negative Declaration prepared for this project reflects the County’s judgement and analysis;
B. ADOPT the attached June 12, 2026, Mitigated Negative Declaration (MND) and attached mitigation monitoring and reporting program (MMRP) prepared for this project;
C. APPROVE the Vesting Tentative Map for the Withers Avenue 3-Lot Minor Subdivision (County File #CDMS22-00011), including the Tree Permit for the removal of twenty (20) code protected trees and construction work within the driplines of an additional twenty-four (24) code-protected trees, and grant exceptions to County Code Sections 96-10 (Underground Utilities) and 96-14.002 (Improvement of County Streets), and Division 914 (Drainage), based on the attached findings and subject to the attached conditions of approval.
D. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: SL, Single-Family Residential - Low Density.
B. Zoning: R-20, Single-Family Residential District.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration/Initial Study (MND) was prepared and published for the application. The State and public review period for the draft MND started on July 29, 2025, and ended on August 28, 2025. Comments were received from the California Department of Fish & Wildlife (CDFW), the Confederated Villages of Lisjan Nation (CVLN), the East Bay Municipal Utility District (EBMUD), and the general public.
A revised draft Mitigated Negative Declaration/Initial Study (MND) was prepared to revise mitigation measures under Biological Resources and Tribal Cultural Resources per CFFW and CVLN comments. The State and public review period for the revised draft MND started on June 12, 2026, and ended on July 13, 2026, and the State review period extended to July 14, 2026. Additional comments were received from CVLN and the general public.
A final MND has been prepared that includes the written comments received on the draft MND and revised draft MND, responses to the comments received, and staff-initiated text changes. The final MND is attached to this report.
A Mitigation Monitoring Program was prepared based on the mitigation measures recommended in the revised draft MND. The Mitigation Monitoring and Reporting Program (MMRP) is attached to this staff report. If approved, the MND mitigation measures would apply to the Minor Subdivision as Conditions of Approval.
IV. SITE/AREA DESCRIPTION
The subject site is located just west of the Withers Avenue and Pleasant Hill Road intersection, in the unincorporated Lafayette area. The site is bound by single-family residential properties on all sides. The City of Pleasant Hill boundaries are immediately to the east.
The project site is currently vacant and is steeply sloped. The site contains numerous trees of various species and sizes. A lined drainage channel is located along the southeasterly property line, at the base of the southeastern slope.
V. PROJECT DESCRIPTION
A Vesting Tentative Map to subdivide a 2.56-acre site into 3 new residential parcels to be accessed by a new private road from Withers Avenue. The project scope includes a request to remove 20 trees and work within the dripline of 24 other trees, and 1,200 cubic yards of grading (600 cubic yards of cut and 600 cubic yards of fill), for the necessary private road and drainage improvements.
The minor subdivision application includes four exception requests to Title 9 of the County Code that relate to undergrounding of overhead utilities, the construction of frontage improvements, and the placement of a bioretention basin and access road in the creek structure setback:
1. Code Section 96-10 - Undergrounding Utilities: An exception request to not require undergrounding existing overhead lines along Withers Avenue.
2. Code Division 914 - Drainage: An exception request to allow construction of the entry portion of the access road within the creek structure setback.
3. Code Division 914 - Drainage: An exception request to allow construction of the bioretention basin within the creek structure setback.
4. Code Section 96-14.002 - Improvement of County Streets: An exception request to not require frontage improvements along Withers Avenue.
VI. BACKGROUND
The proposed project was initially heard at the County Zoning Administrator (ZA)
hearing held on Monday, July 20, 2026. The hearing was open to the public and testimony was accepted by the applicant, Pallav Chatterjee, and other members of public voicing their concerns. The Zoning Administrator continued this item indefinitely as an open hearing to provide additional time to consider all the testimony and comments submitted thus far.
The comment raised during the July 20th hearing about the subject property not being located right at the corner of Withers Avenue and Pleasant Hill Road has been addressed. The public notice for this ZA hearing stated the subject property is located, “. . . approximately 200-feet from the corner of Withers Avenue and Pleasant Hill Road in the unincorporated Lafayette area of Contra Costa County”.
The concerns raised during the July 20th hearing regarding the Mitigated Negative Declaration (MND) referencing the current General Plan when the staff report stated the project is subject to the previous 2005-2020 County General Plan has been rectified, and the revised MND is attached to this staff report to be adopted by the Zoning Administrator. These text changes did not change the outcome of the MND, so this final MND does not require recirculation.
After the July 20th hearing a request was made on July 24, 2026, from Victoria Werhan who resides at 3079 Withers Avenue in Lafayette, to have the minutes include the specific comments stated during the hearing. These minutes have already been uploaded to the County’s online Meeting Calander: Committee Meeting Minutes <https://contra-costa.legistar.com/View.ashx?M=M&ID=1428386&GUID=6D4FF35E-D91F-4ADB-8B4B-3F772CDDD104>.
Additional comments were received on September 22, 2026, from Barry Bourbon. These comments are attached to this staff report, and staff has provided summaries and responses below.
VII. PUBLIC COMMENTS
Received on September 15, 2026, from Barry Bourbon, who resides at 41 Shadow Hill Road in Lafayette.
Comment 1: The initial application was submitted on August 30, 2022. It's now been over four years in review and new code updates have occurred during this lengthy time frame. When will the county require that the project meets the current code requirements? In particular, the regulations regarding nondevelopment of hillsides in excess of 26% slope should be enforced at this point. It seems inappropriate that the project sponsor can continue to circumvent current code requirements.
Staff response: On November 5, 2024, the County Board of Supervisors adopted the Contra Costa County 2045 General Plan. County file #CDMS22-00011 was deemed “complete” for processing on June 13, 2024. Therefore, the County General Plan 2005-2020 applies, and current General Plan policies do not. As such, development of slopes exceeding 26% is not prohibited but rather requires further investigation, which has been achieved as seen in the final MND.
The requirement for Mitigation Measures Geology and Soils 1-3, as mandated by the final MND, is designed to enhance slope stability. These measures ensure that the site-specific geotechnical report will provide clear recommendations for the structural design of the bioretention basin, grading, drainage systems, and future
residential development.
The geotechnical report will guide the appropriate structural design, while onsite
inspections during construction will verify that all activities adhere to the approved
structural drawings and the geotechnical engineer’s recommendations. This oversight is essential to maintaining soil stability throughout the construction process. In addition, the required tree replacement and landscaping will help restore any soil stability lost as a result of tree removal. These actions collectively contribute to rebuilding and maintaining a stable soil environment on the site.
Additional consideration of hillside development was investigated through the project slope analysis. The analysis determined that the western half of the property exhibits slopes greater than 26%, necessitating a revision of the project to a three-lot subdivision. The proposed development sites have been strategically relocated as far east as practicable, thereby avoiding encroachment into the mandatory creek
structure setback located along the eastern boundary. This adjustment significantly
mitigates hillside excavation, decreasing the estimated grading requirements from
1,500 cubic yards of cut to 600 cubic yards, and ensures that the retaining walls will
not exceed a height of three feet, as opposed to the original plan which contemplated retaining walls up to six feet tall.
Comment 2: Many of the required project reports are aged, expired or insufficient. Will updated Geotechnical and Arborist reports be issued prior to the hearing with sufficient time for public review? Will soil studies in the area of the bioretention basin be conducted?
Staff response: No additional arborist reporting will be required unless there is a requested change to the approved Tree Permit that staff finds to require professional input.
With respect to the geotechnical report(s), the Building Inspection Division will require the project geotechnical engineer to prepare supplemental analyses addressing the current construction documents. The supplemental documentation must confirm that the engineer has reviewed the plans and verified that the recommendations identified in the original geotechnical report(s) have been properly incorporated and implemented. If a new edition of the California Building Code is in effect at the time of building permit review, the Building Inspection Division will also require the project geotechnical engineer to evaluate the original report(s) for compliance with applicable code revisions, identify any provisions that affect the original conclusions or recommendations, and, if necessary, specify the revisions required to achieve code compliance.
Comment 3: If the project is permitted and commenced, what type of bonding or legal guarantee will be put in place to ensure that it is not abandoned midstream thus creating an unstable hillside along with subsequent environmental damage?
Staff response: The Grading Inspection Division may require bonding prior to issuance of the grading permit depending on the extensiveness of the project, and the Public Works Department does require bonding prior to issuance of permits for road and drainage improvements.
VIII. CONCLUSION
The proposed Minor Subdivision (County File #CDMS22-00011) is consistent with the SL, Single-Family Residential, Low-Density 2005-2020 General Plan Land Use designation and with the regulations of the R-20 Single-Family Residential District. Staff recommends adopting MND SCH 2026060678 and the MMRP, granting the exceptions to Section 96-10 (Undergrounding Utilities), Division 914 (Drainage) for both the private road and bioretention basin, and Section 96-14.002 (Improvement of County Streets), and approving the Vesting Tentative Map for 3-Lot Minor Subdivision #CDMS22-00011, including the Tree Permit for removal of 20 code-protected trees and for construction work within the driplines of 24 code-protected trees, based on the attached findings and subject to the attached conditions of approval.