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Project Title: |
Camino Pablo Single-Family Residential Subdivision, Rezone, General Plan Amendment and Development Plan |
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County File: |
CDSD23-09646, CDRZ23-03270, CDGP21-00004, CDDP23-03012 |
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Applicant Owner(s): |
Benoit McVeigh, dk Engineering Dobbins Properties, LLC |
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Zoning/General Plan: |
A-2, General Agricultural District / AL, Agricultural Lands |
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Site Address/Location: |
0 Camino Pablo (immediately east of Tharp Avenue intersection), in the Moraga area of unincorporated Contra Costa County (APN: 258-290-029) |
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California Environmental Quality Act (CEQA) Status: |
Mitigated Negative Declaration, SCH 2024110934 |
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Project Planner: |
Adrian Veliz, Senior Planner (925) 655-2879 adrian.veliz@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
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I. PROJECT SUMMARY
The applicant requests approval of the Camino Pablo Single-Family Residential Subdivision Project to allow development of the southern 7.9 acres of the 23.9-acre project site consisting of a residential subdivision of 13 single-family residences with attached accessory dwelling units (ADUs) incorporated into 11 of the residences. The ADU elements of the project are subject to ministerial approval of ADU permits under separate applications. The remaining 16 acres would remain as undeveloped land within a deed-restricted scenic easement. The Project is described more fully below in this staff report.
The planning commission will consider and make recommendations to the Contra Costa County Board of Supervisors on the following project components:
• Map amendments to the Land Use Element of the General Plan by way of amending the land use map to designate the project site as Residential Low-Density (RL), and Resource Conservation (RC) designations;
• A rezoning of the Project site to a project-specific Planned Unit (P-1) district;
• A Vesting Tentative Map (VTM) to subdivide the residential development area into 13 single-family residential lots, and five (5) additional parcels proposed for open space, landscaping, and public/private rights-of-way;
• A Preliminary and Final Development Plan to allow the construction of the Camino Pablo project with associated roadway, infrastructure improvements, and grading activities for site preparation and mitigation of landslide hazards;
• The establishment of a scenic easement via grant deed of development rights to Contra Costa County for a 16-acre area identified on the VTM as “Parcel A”
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission:
A. OPEN the public hearing on the Camino Pablo project, RECEIVE testimony, and CLOSE the public hearing;
B. RECOMMEND that the Board of Supervisors:
i. ADOPT the Mitigated Negative Declaration/Initial Study (MND) SCH 2024110934, consisting of the December 13, 2024 draft MND and the August 14, 2025 Final MND, and the December 13, 2024 Mitigation Monitoring and Reporting Plan (MMRP), based on the attached findings; and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other materials, which constitute the record of proceedings upon which this decision is based;
ii. ADOPT a resolution amending the General Plan to change the land use designation of the Project site to Residential Low-Density (RL) and Resource Conservation (RC) designations (CDGP21-00004);
iii. ADOPT an ordinance rezoning the +7.9-acre development area to a Planned Unit (P-1) district (County File #CDRZ23-03270);
iv. APPROVE the Vesting Tentative Map for the Project (County File #CDSD23-09646);
v. APPROVE the Preliminary and Final Development Plan for the Project (County File #CDDP23-03012);
vi. APPROVE the findings in support of the Project;
vii. APPROVE the Project conditions of approval;
viii. APPROVE the Camino Pablo Project.
III. GENERAL INFORMATION
A. General Plan: The Camino Pablo Project site is located within an Agricultural Lands (AL) General Plan Land Use designation.
B. Zoning: The Camino Pablo project site is located within a General Agricultural (A-2) zoning district.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration/Initial Study (MND) was prepared and published for the application. The public review period for the draft MND started on November 26, 2024, with a public comment period extending through December 26, 2024. On December 13, 2024, at the request of the applicant, CDD staff published a revised IS/MND which corrected typographical errors and added clarification to discussion of mitigation measures identified in CEQA checklist sections pertaining to Public Services and Wildfire. The revised draft IS/MND was recirculated on December 13, 2024 and the public comment period was extended through January 15, 2025. The December 13, 2024, draft MND is included as Attachment 5. CDD staff received written comments in response to the publication of the draft IS/MND from a total of seven correspondents - five public agencies, one private organization, and one neighboring property owner. A Final MND, included as Attachment 7, has been prepared for the Camino Pablo Project, including the comments received on the draft IS/MND, responses to the comments received, and staff-initiated text changes, either to provide additional clarifying information or to correct typographical errors. The text changes are not the result of any new significant adverse environmental impact, do not diminish the effectiveness of any mitigation included in the pertinent section, and do substantially alter any findings in the respective sections of the IS/MND document.
D. Tribal Cultural Resources: In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent on February 6, 2024 to the Confederated Villages of Lisjan Nation and the Wilton Rancheria, the California Native American tribes that have requested notification of proposed projects within unincorporated Contra Costa County. Pursuant to section 21080.3.1(d), there is a 30-day time period for the Wilton Rancheria and/or the Villages of Lisjan Nation to either request or decline consultation in writing for this project. To date, no response has been received from either the Confederated Villages of Lisjan Nation or the Wilton Rancheria.
Previously, the Wilton Rancheria had requested consultation in response to a Notice of Opportunity for a different project that led to a meeting between staff and a representative of the Wilton Rancheria. At that meeting, a tentative agreement was reached between staff and the Wilton Rancheria that the Native American tribe will be notified of any discovery of cultural resources or human remains on a project site. Subsequently, the Native American Heritage Commission (NAHC) requested that pursuant to State law, the NAHC shall be notified of any discovery of human remains rather than the Native American tribe. Standard Contra Costa County Department of Conservation and Development, Community Development Division (CDD) Conditions of Approval - see Conditions of Approval Cultural Resources 1 and Cultural Resources 2 in Environmental Checklist Section 5 (Cultural Resources) - provide for notice to the California Native American tribes of any discovery of cultural resources and notice to the NAHC of any discovery of human remains on the site. Any future construction activity on the project site would be subject to CDD Conditions of Approval Cultural Resources 1 and Cultural Resources 2.
E. Lot Creation: The subject property consists of a portion of “Parcel A”, as established by the County’s approval of Minor Subdivision #MS13-87 and depicted on the Parcel Map recorded with the County Clerk-Recorder’s office on July 21, 1988 (Book 134 Pgs. 34-36). The project site was established in its current configuration via granted deed recorded in connection with Lot Line Adjustment #CDLL15-00043, which was approved by the Zoning Administrator on February 26, 2016.
F. Prior Applications Related to the Project Site:
1. CDLL15-00043: A lot line adjustment reconfiguring interior lot lines amongst five contiguous tax parcels, including the Project site. This Lot Line Adjustment was administratively approved by the Zoning Administrator on February 26, 2016.
IV. SITE/AREA DESCRIPTION
The 23.9-acre project site is located on the east side of Camino Pablo and Sanders Ranch Road on agricultural land adjacent to suburban residential development to the south, west, and north. The Town of Moraga is west and north of Camino Pablo and Sanders Ranch Road. Immediately south of the project site is the Sky View Court subdivision in unincorporated Contra Costa County consisting of 15 single-family residences. Rancho Laguna Park, a park within the Town of Moraga, is south of Sky View Court. Land further south and to the east is agricultural land in the A-2 General Agricultural District.
The project site is an undeveloped west-facing hillside that has been used for cattle grazing. There are no structures on the site. The site is characterized by undulating hillsides and knolls. Elevations range from about 554 feet on the southwestern edge of the site to about 742 feet on the eastern boundary. Existing slopes on the site are steep, in excess of 45-percent gradient in some locations. A ridge runs along the east side of the project site and separates the site from an adjoining cattle ranch.
V. PROJECT DESCRIPTION
The Camino Pablo Single-Family Residential Subdivision, Rezone, General Plan Amendment, and Development Plan project includes Major Subdivision application CDSD23-09646. Rezone application CDRZ23-03270, General Plan Amendment application CDGP21-00004, and Development Plan application CDDP23-03012, to allow development of the southern 7.9 acres of the 23.9-acre project site consisting of a residential subdivision of 13 single-family residences with attached accessory dwelling units (ADUs) incorporated into 11 of the residences. If the project is approved, each ADU will require ministerial approval of separate ADU permit applications, which are to be submitted after the final map is recorded and prior to the issuance of building permits. The remaining northern 16.0 acres of the site would remain as agricultural open space.
The project site is a legal lot in the AL Agricultural Lands, General Plan land use designation. The applicant has submitted a Major Subdivision application to create an 18-lot subdivision as shown below, including 13 residential lots (Parcels 1 through 13), open space Parcel A, landscape Parcels B and C, and street Parcels D and E. Parcels 1 through 13 and Parcels B through E encompass the proposed residential development on the southern portion of the site. Parcel A is the northern 16.0 acres of the site that would remain as open space.
To allow the Major Subdivision to proceed the applicant requests a General Plan Amendment to redesignate the southern 7.9 acres as SL Single-Family Residential-Low Density to allow multiple single-family residences on this portion of the site. The applicant also requests that the County Rezone the southern 7.9-acre portion of the project site from the A-2 General Agricultural District to a P-1 Planned Unit District and has submitted a Development Plan application for the P-1 District to allow development of 13 one- and two-story detached single-family residences on individual lots. The lots would range in size from 15,368 square feet to 27,827 square feet, with an average lot size of approximately 19,969 square feet. Attached ADUs would be included in 11 of the homes, while Parcels 7 and 8 would not include an ADU. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 1.95 residential units per acre, which would be within the 1.0 and 2.9 single-family units per net acre density range for the SL General Plan land use designation.
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Parcel |
Land Use |
Size (Sq. Ft.) |
(Acres) |
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1 |
Residential |
21,352.00 |
0.49 |
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2 |
Residential |
20,234.00 |
0.46 |
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3 |
Residential |
18,516.00 |
0.43 |
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4 |
Residential |
18,276.00 |
0.42 |
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5 |
Residential |
17,064.00 |
0.39 |
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6 |
Residential |
19,247.00 |
0.44 |
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7 |
Residential |
22,039.00 |
0.51 |
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8 |
Residential |
16,448.00 |
0.38 |
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9 |
Residential |
27,827.00 |
0.64 |
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10 |
Residential |
27,090.00 |
0.62 |
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11 |
Residential |
19,281.00 |
0.44 |
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12 |
Residential |
15,368.00 |
0.35 |
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13 |
Residential |
16,861.00 |
0.39 |
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A |
Open Space |
697,036.00 |
16.00 |
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B |
Landscaping |
6,948.00 |
0.16 |
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C |
Landscaping |
22,916.00 |
0.53 |
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D |
Public Right-of-Way Dedication Street “A” |
44,431.00 |
1.02 |
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E |
Public Right-of-Way Dedication (Camino Pablo) |
10,454.00 |
0.24 |
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Total |
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1,041,388.00 |
23.91 |
The applicant expects project construction to require a total of 32 months, including 14 months for grading, infrastructure installation, and building pads, and 18 months for construction of homes.
The 13 residential lots would have access to Camino Pablo via a new access road terminating in a cul-de-sac. The cul-de-sac would have a sidewalk on the north/east side. The opposite side of the cul-de-sac would be lined with several stormwater bioretention and filtration planter strips. The cul-de-sac would form the fourth leg of the Camino Pablo / Tharp Drive intersection. Tharp Dive is a two-lane residential collector street that intersects with Camino Pablo and a number of local residential streets. Camino Pablo is a two-lane arterial street that travels northwest from the Camino Pablo / Tharp Drive intersection to connects to Canyon Road - Moraga Road, which is a two - to four-lane County-designated arterial road.
The residential lots would comprise 5.95 acres of the 7.9-acre gross development area, with the remaining acreage dedicated to the street right-of-way (1.26 acres) and common area landscaping (0.69 acres). The residential lots would have minimum 20-foot front yard setbacks, 15-foot rear yard setbacks, 10-foot side yard setbacks, and a minimum 25 feet aggregate side yard setback. The common area landscaping would provide visual buffers that would separate the homes from Camino Pablo. Parcel D would be the cul-de-sac, which would be dedicated to Contra Costa County. Parcel E consists of a 0.24-acre area adjacent to Camino Pablo, which would be dedicated to the Town of Moraga.
The location of the proposed homes on the southern portion of the site would preserve the higher elevations of the site and thereby would preserve the visually prominent hillside in the northern and eastern portions of the site and adjoining agricultural open space land to the east. The residential development would retain the natural features of the land to the extent feasible and most of the homes would be developed on split pads, thereby stepping the homes up or down the hillside, depending on their orientation. The homes have been horizontally massed to minimize view obstruction. The homes would be custom homes, each having a unique design but all homes would be in a “Transitional” style of architecture that blends traditional forms, materials, and colors with modern exterior and interior elements. The residences would be designed to be energy efficient and constructed to meet the stringent fire resistance requirements for development in a Wildland/Urban Interface Zone.
Most of the homes would have two stories, while the homes on the southernmost lots (Parcels 7 and 8) would be one story. The homes would range in size from 3,463 square feet to 4,474 square feet, not including garages or porches. The ADUs would all one-bedroom units with separate kitchen/living/dining areas, ranging in size from 920 square feet to 1,117 square feet.
The onsite hillside contours that characterize the local topography would be retained. Project grading would extend onto the adjoining property to the east and would slightly lower this hillside crest running along and just outside the east side of the project parcel from the approximately 705 feet to 702 feet. To stabilize the site, slide conditions that affect the southern portion of the site would be repaired. Although grading would entail cuts and fills totaling 59,600 cubic yards of soil, grading would be balanced on site, requiring no import or export of fill.
A 4-foot-high retaining wall would extend along the rear of the easternmost lots (Lots 1 through 5). Additional retaining walls would be placed on some of the individual lots in order to accommodate the homes and yards. Retaining walls would also be placed on the west side of the project site. Exposed retaining walls would be landscaped with a variety of ornamental trees, shrubs, and grasses that are intended to obscure the walls upon maturity.
The project includes a connection to an existing storm drain system that currently collects runoff from the site and directs stormwater flow to Moraga Creek. The stormwater runoff from the site would be treated by bioretention basins and discharged into the proposed onsite storm drain system prior to entering the existing storm drain system. Parcel A would continue to discharge into an existing v-ditch, located adjacent to Camino Pablo that ties into the existing storm drain system.
As part of the project, Camino Pablo would be widened from Tharp Drive south to the southern end of the project site frontage. The existing right-of-way, which varies between roughly 46 feet and 59 feet would be expanded to a 68-foot right-of-way. The existing 28-foot-wide roadway would be expanded to 36 feet and would include a curb and gutter on both sides. The existing curb and gutter on the west side of Camino Pablo would remain, while the existing 8-foot-wide sidewalk extending along the project site frontage would be replaced with a new, slightly relocated 8-foot-wide sidewalk. The property owner intends to dedicate the additional right-of-way to the Town of Moraga.
VI. AGENCY COMMENTS
On April 25, 2023, an Agency Comment Request packet for the Camino Pablo residential subdivision project was sent to a number of public agencies, including the County Department of Conservation and Development (DCD) Building Inspection Division, DCD Grading Inspection Division, DCD Advanced Planning, DCD Transportation Planning, DCD Housing Programs, DCD Solid Waste Programs, County Environmental Health, County Peer Review Geologist, County Department of Public Works, Moraga-Orinda Fire Protection Division, Central Contra Costa Sanitary District, East Bay Municipal Utility District, Town of Moraga, Moraga School District, County Local Agency Formation Commission (LAFCO), County Mosquito & Vector Control District, and John Muir Land Trust. Agency comments received by staff are included in Attachment 4. Following are summaries of the agency comments received.
A. Central Contra Costa Sanitary District (CCCSD): In an email dated April 25, 2023, CCCSD staff advised that the project site is located outside of the district’s sphere of influence (SOI) and service boundaries. Therefore, the project would require an approval from the County Local Agency Formation Commission (LAFCO) for the SOI change and annexation of the property within the district’s service boundaries. Additionally, the comments provide details regarding the criteria of consideration for the requisite LAFCO approval. Lastly, CCCSD staff advise that there is no indication that LAFCO would object to changing the SOI and allowing CCCSD to annex and serve the property.
An Advisory Note has been included in the Conditions of Approval regarding additional approvals needed from outside agencies, including CCCSD. It is the applicant’s responsibility to contact the CCCSD to obtain any necessary approvals to establish sanitary sewer service.
B. DCD Housing Programs: In an email dated May 17, 2023, housing programs staff advised that the project is subject to the County’s Inclusionary Housing Ordinance (IHO) and requested that the applicant submit an inclusionary housing plan to demonstrate compliance therewith. The project is conditioned to ensure compliance with the County’s IHO, consistent with the inclusionary housing plan submitted on June 30, 2023.
C. County Local Agency Formation Commission (LAFCO): In an email dated April 25, 2023, LAFCO staff noted that the project site is outside of the spheres of influence (SOI) and service boundaries of bother Central Contra Costa Sanitary District and East Bay Utility District. Therefore, the project will require LAFCO approval of annexation of the project site into these districts in order to receive municipal water and sanitary sewer service.
An advisory note has been included in the Conditions of Approval regarding additional approvals needed from outside agencies. It is the applicant’s responsibility to contact LAFCO to obtain any necessary approvals from this agency.
D. County Mosquito & Vector Control District (CCCMVCD): In a returned agency comment request form dated April 27, 2023, CCCMVCD staff advised that the project is required to employ measures necessary to ensure no creation or maintenance of a public nuisance, as defined by California Health & Safety Code §2060 et. seq.
An advisory note has been included in the project conditions of approval regarding additional approvals needed from outside agencies, including CCCMVCD.
E. East Bay Municipal Utility District (EBMUD): In a memo dated May 15, 2023, EBMUD staff advised that the project site is located outside of EBMUD’s service area and would need to be annexed before water service can be provided.
An advisory note has been included in the project conditions of approval regarding additional approvals needed from the outside agencies, including the water district. It is the applicant’s responsibility to contact EBMUD and obtain all necessary approvals to establish municipal water service for the project.
F. County Peer Review Geologist: In a letter dated August 14, 2023, Darwin Myers Associates provides comments on geotechnical review letters prepared for the project. The peer-review geologist’s recommendations have been included as conditions of approval.
G. Department of Public Works, Engineering Services Division: In a memo dated August 19, 2025, Engineering Services Division staff provide comments pertaining to traffic and circulation, site drainage, and stormwater management requirements that are applicable to the project. Public works recommendations have been included as conditions of approval for the Camino Pablo project.
VII. ENVIRONMENTAL REVIEW
On November 25, 2024, the Contra Costa County Department of Conservation and Development, Community Development Division (CDD), published a draft IS/MND, included as Attachment 5, that analyzed potential significant adverse environmental impacts of the proposed project. Potentially significant impacts were identified in the draft IS/MND, including agricultural resources, air quality, biological resources, cultural resources, energy, geology and soils, hydrology, noise, public services, tribal cultural resources, and wildfire.
Pursuant to Section 15073 of the California Environmental Quality Act (CEQA), which requires a minimum 30-day public review period, the draft MND included a comment period extending through December 26, 2024. On December 13, 2024, at the request of the applicant, CDD staff published a revised IS/MND which corrected typographical errors and added clarification to discussion of mitigation measures identified in CEQA checklist sections pertaining to Public Services and Wildfire. The revised draft IS/MND was recirculated on December 13, 2024, and the public comment period was extended through January 15, 2025. The purpose of the public review period is for the public to submit comments on the adequacy of the environmental analysis in the draft IS/MND. CDD received written comments in response to the publication of the draft IS/MND from a total of seven correspondents - five public agencies, one private organization, and one neighboring property owner.
Staff has prepared a Final MND for the Camino Pablo project, included as Attachment 7, including the comments received on the draft IS/MND, responses to the comments received, and a description of staff-initiated text changes, either to provide additional clarifying information or to correct typographical errors. The text changes are not the result of any new significant adverse environmental impact, do not alter the effectiveness of any mitigation included in the pertinent section, and do not alter any findings in the section.
A Mitigation Monitoring Program was prepared based on the mitigation measures recommended in the draft MND. The draft Mitigation Monitoring and Reporting Program (MMRP) is included as Attachment 6. It is the finding of CDD staff that the mitigation measures identified within the draft MND would adequately mitigate identified project impacts to less than significant levels or lower. Nevertheless, the project proponent has voluntarily agreed to adopt substitute Biological Resources mitigation measures specified by the California Department of Fish and Wildlife (CDFW) in order to enhance the effectiveness of the identified mitigation measures. Pursuant to CEQA guidelines section 15074.4(a), the lead agency may substitute mitigation measures identified in the draft MND for measures that are determined to be equivalent or more effective. Therefore, a Final MMRP has been prepared, including the CDFW-recommended mitigation measures to provide enhanced protection for Biological Resources. The Final MMRP is included as Attachment 8. If approved, the MND mitigation measures would apply to the Camino Pablo project as Conditions of Approval.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency:
Urban Limit Line and 65/35 Land Preservation Standard: The County’s General Plan includes a 65/35 Land Preservation Plan, which limits urban development to no more than thirty-five percent (35%) of the land in the County and requires that at least sixty-five percent (65%) of the land in the County be preserved for agriculture, open space, wetlands, parks, and other nonurban uses (“65/35 Land Preservation Standard”).
Among other things, Measure C-1990 (approved by the County’s voters) established the County’s Urban Limit Line (“ULL”) to implement and enforce the 65/35 Land Preservation Standard. The Measure C-1990 ULL was subsequently incorporated into the County General Plan and County Ordinance Code. In 2004, County voters approved Measure J. Among other things, Measure J required the County and all cities within the County to have a voter-approved urban limit line, developed and maintained in accord with the "Principles of Agreement for Establishing the Urban Limit Line" (collectively, “Principles”), to receive the sales tax proceeds from Measure C-1988. In November 2006, County voters approved Measure L. Among other things, Measure L: (1) extended the term of the 65/35 Land Preservation Standard to December 31, 2026.
The project site is located entirely within the urban limit line, and includes a proposal to redesignate a 7.9-acre portion of the site from its present Agricultural Lands (AL) designation to a Residential Low (RL) designation, while the remaining 16-acre portion of the site outside of the area of development would be redesignated to Resource Conservation (RC). Thus, the general plan amendment includes general plan designations which are appropriate give the sites location within the ULL.
As of 2024, approximately 28% of the total countywide land area has been designated for urban uses. Thus, redesignating the 7.9-acre area of development from an agricultural to a residential designation poses no immediate threat to the County’s continued compliance with the 65/35 Land Preservation Standard. The project includes the establishment of a deed restriction over a 16-acre area (67%) of the project site which would preclude future urban development on the site at a ratio that is consistent with the goals of the 65/35 Land Preservation standard. Thus, the project would not conflict with the 65/35 Land Preservation Standard.
Land Uses: The entire project site is located within an Agricultural Lands (AL) General Plan Land Use designation. As part of the proposed Project, the applicant seeks approval of a General Plan Amendment to change the 7.9-acre residential development area to a Single-Family Residential Low-Density (SL) designation. The project proposes maintaining the remaining 16-acres of the project site (identified as Parcel A on the VTM) as open space grazing land within its present AL designation. In the course of processing the Camino Pablo project applications, the Contra Costa County 2045 General Plan was adopted by the Board of Supervisors on November 5, 2024. Upon the adoption of the Contra Costa County 2045 General Plan, the SL designation no longer appears on the County Land Use Map. Consequently, the project description has been changed to reflect the newly adopted land use designation of Residential Low Density (RL), which permits residential density equivalently (1-3 dwellings/net acre) as that of the former SL designation. At the suggestion of staff, the applicant has agreed that the newly-created Resource Conservation (RC) land use designation would be most appropriate for Parcel A given its intended preservation as open space grazing land. The project is conditioned to require the applicant to enter into a Community Benefit Agreement (CBA). It is the intent of the County to coordinate with the Town of Moraga to target the expenditure of funds collected as part of the CBA in a manner that will benefit the Moraga area of unincorporated Contra Costa County.
The land uses permitted within the RL designation include low density, predominantly single-family residences on lots approximately 15,000 square-feet to one-acre in size. Limited non-residential uses that serve and support nearby homes may also be permissible within the RL designation.
The Resource Conservation (RC) designation is applied to the watersheds of reservoirs owned by public utilities, mitigation banks, habitat restoration sites, ecologically significant or environmentally sensitive areas that are not within publicly-owned parkland. The project is immediately adjacent to East Bay Municipal Utility District’s East Bay watershed lands, including Upper San Leandro watershed which is adjacent to the project site. Additionally, CDD staff has identified Mitigation Measure Agricultural Resources-1, which would restrict structural development/improvements in the area of Parcel A via Grant Deed of Development Rights to Contra Costa County over this area of the Project site. The property owner intends to continue utilizing Parcel A for cattle grazing, a land use consistent with the RC designation.
Density: The RL designation allows for residential densities ranging between 1-3 dwelling units per net acre. The 7.9-acre southern portion would have a net development area of 6.65 acres (without street Parcels D and E) with a resultant net density of 1.95 residential units per acre, which would be within the 1 and 3 dwelling units per net acre density range for the RL General Plan land use designation. There are no density standards applicable to the RC designation. Based on the above, the density of the proposed project will be consistent with the allowed range detailed in the County General Plan.
Property Size: The General Plan Land Use Element indicates that sites within the RL designation can range from 15,000 square feet up to 1-acre in area. Lots within the residential development area will range between 15,368 to 27,827 square feet in area, all within specified range. The RC designation lacks discussion of a desired or anticipated property size for the designation since residential uses are not permitted within this land use designation. The area of residential development is consistent with the RL designation in terms of anticipated parcel sizes.
Stronger Communities Element: The Stronger Communities Element of the 2045 County General Plan provides policies for specific geographic areas of the unincorporated County. These specific area policies focus on providing additional policies that pertain to the unique characteristics and needs of each identified area. The Stronger Communities Element identifies 22 communities, selected through public input and collaboration with County staff, and provides policies/goals for each. The project site, and the Lamorinda area in general, are not amongst the communities identified therein.
Growth Management Element: To regulate growth associated with development projects, the Growth Management Element of the General Plan includes policies intended to achieve the following goals: 1) that new residential and nonresidential growth pay for the facilities required to meet the demands resulting from that growth, 2) cooperative transportation and land use planning in Contra Costa County, 3) land use patterns that make more efficient use of the transportation system, and 4) infill and redevelopment in existing urban and brownfield areas.
The project is subject to regional development mitigation fees, including those established by the locally applicable regional transportation planning committee, consistent with Policy GMP1.1 and GMP1.2. The project would not generate 100 or more daily peak hour trips and thus does not warrant additional study for consistency with Contra Costa Transit Authority’s travel demand forecasting, as specified in policy #GM-P2.3. The project fronts Camino Pablo, a county designated bicycle route within this area of the County. project is along a major thoroughfare for the area, which allows for the proposed infill project to make efficient use of the existing transportation system, consistent with Goal GM-3. The project also supports multi-modal transportation with the inclusion of a new sidewalk along the proposed interior cul-de-sac roadway as well as improvements to existing sidewalk along the project’s Camino Pablo frontage. Based on the above, no conflicts are anticipated with the goals and policies within the Growth Management Element.
Housing Element: The Housing Element of the General provides an assessment of both the current and future housing needs within the County, and to include strategies that establish housing goals, policies, and programs. To implement and address the County’s housing needs and issues there are eight goals (HE-1 through HE-8) and goal-specific policies that are provided within the General Plan that address needs such as Housing/Neighborhood Conservation, Housing Production, Special Needs Housing, Housing Affordability, Provision of Adequate Residential Sites, Removal of Governmental Constraints, and the Promotion of Equal Housing Opportunities; some of which are implemented at a regional, policy, or program level, and thus would not be enforced at the planning review stage for an individual development project. As part of development review of the proposed project, staff identified policies HE-1, HE-2 and HE-4 as applicable to the proposed development. As discussed below, the project is consistent with and in furtherance of applicable housing element policies.
Housing Element Goal HE-1 is to “maintain and improve the quality of the existing house stock and residential neighborhoods in Contra Costa County.” The proposed project is consistent with this goal as this project is residential in nature and would result in the construction of additional housing in the unincorporated Moraga area. Housing Element goal HE-2 is to “increase the supply of housing with a priority on the development of affordable housing.” The project would increase the housing stock in the area. Although no deed-restricted affordable units are proposed, the project proponent has elected to contribute an in-lieu fee to comply with County’s Inclusionary Housing Ordinance (IHO) requirements for the provision of affordable housing in the County. The project’s compliance with the IHO is consistent with Housing Element goal HE-4 to “improve housing affordability for both renters and homeowners.”
Conservation, Open Space, Working Lands Element: The Conservation Element of the General Plan is concerned with the identification, preservation, and management of natural resources within the County including agricultural, ecological, water, historic and cultural, scenic, mineral and energy resources. There are no known mineral resources on the property. As part of the environmental review of the Camino Pablo project, staff have identified potential impacts to cultural resources, open space, and biological resources. With the implementation of mitigation measures, all such impacts are expected to occur at less than significant levels, if at all. Due to the project site’s location adjacent to the urbanized Town of Moraga, the potential for such resources existing on or in close proximity to the site is low. The project site has been completely disturbed by prior land-use activities, and vegetation is sparse due to compacted gravel applied to much of the site. There are no known occurrences of special status species of plants/wildlife on or near the site. There are no creeks/waterways, agricultural lands, or known mineral or cultural resources on or near the subject property. Therefore, the project has little to no potential for conflict with conservation policies intended to conserve such resources within Contra Costa County.
Public Facilities and Services Element: The Public Facilities and Services Element requires that new developments demonstrate that fundamental utilities and services can be provided to support the proposed project. Accordingly, the availability of services such as fire protection and police protection, as well as the availability infrastructure for water, sanitary sewer, drainage, and recreational services are analyzed during the application review process.
• Fire Protection: As explained more fully in the Final IS/MND, the Project Site is in an area served by the Moraga-Orinda Fire District (MOFD). The County and the MOFD have communicated throughout the application review and CEQA review portions of the Project. On the recommendation of the MOFD, Mitigation Measure Public Services-1 has been added to the project, requiring the preparation of a Fire Protection Plan (FPP) for the district’s review and approval. The development and implementation of the FPP will ensure that the project utilizes fire-resistant construction materials and create appropriate defensible space buffers, will ensure that the MOFD is able to provide effective emergency fire services to the project.
• Police Protection: The project site is within an area of the County served by the County Sherriff’s office. The population increase associated with the proposed 13 residential units is estimated to be approximately 37 people. This represents a marginal increase for the area and thus would only result in a nominal increase in calls for law enforcement. There is no indication in the record that the project would result in the need for new or expanded Sheriff facilities in order to maintain acceptable service ratios, response times, or other performance objectives. Further, the project is conditioned to require the formation of police services district for the 13 lots.
• Water: The Project Site is not currently located within the service area of a public water supplier but is physically adjacent to the service area for the East Bay Municipal Utility District (EBMUD). In agency comments provided by the EBMUD, it is indicated that water service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate municipal water supply.
• Sanitary Sewer: The Project Site is not currently located within the service area of a public sanitary sewer provider but is physically adjacent to the service area for the Central Contra Costa Sanitary District (CCCSD). In agency comments provided by the CCCSD, it is indicated that sewer service is available to the project upon annexation of the property within their service boundaries and sphere of influence. Thus, the project will have access to an adequate sanitary sewer system.
• Drainage: The majority of the Project Site would be left undeveloped, and thus the existing drainage patterns in those areas would not be modified. Construction of the proposed residences and streetscape improvements will require the installation of a new on-site storm drainage system. The new drainage system will consist of street gutters, inlets, basins, and underground piping that will convey runoff to existing storm drain infrastructure within the Camino Pablo right-of-way. With the implementation of the new storm drainage system, designed to the specifications required under Division 914 of the County Ordinance Code ensure that the project will not result in the need for new or expanded unplanned off-site storm drain facilities.
• Recreational Services: The California Department of Parks and Recreation, the East Bay Regional Parks District, County, and incorporated cities in the vicinity of the Project Site each maintain state, County, or local parks, trails, and/or community recreational facilities throughout the County for public use. To ensure sufficient recreational areas are established to serve the County, the General Plan’s Growth Management Element and the County Ordinance Code (Section 920-6.202) require three acres of neighborhood parks and recreational facilities per 1,000 members of the population. As stated previously, the project would not cause a significant population increase in the Moraga area. Accordingly, the project would not result in a significant increase in the use of existing recreational public resources in the area. Since the project would only marginally increase population in the area by an estimated 37 persons, and has ample access to existing parks, including Rancho Laguna Park +750 feet south of the project, the project will not expectedly necessitate the provision of new park facilities. Additionally, all new single-family residences in unincorporated Contra Costa County are subject to Park Dedication and Park Impact Fees, which are collected prior to the issuance of building permits for the new single-family dwellings. The small scale of the project, and the collection of requisite Park Impact and Park Dedication fees ensures that the project will not result in any significant adverse impacts on park facilities in the County.
Health and Safety Element: The Health and Safety Element of the General Plan is coordinated with the Land Use Element, and as a result may at times justify the lowering of density or alternate design modification for development such as the proposed residential project based on health/safety hazards such as seismic hazards, air quality, wildfire hazards, and other hazards associated with climate change. The project site is not located within a FEMA flood hazard zone. The project site is not along the coastline, or waterways, thus, no conflict is expected to arise with policies pertaining to flooding or sea level rise.
The project site is not located within a liquefaction hazard, or Alquist-Priolo Fault hazard zones, as mapped by the California Department of Conservation. However, the site, including a portion of the residential development area, is within a landslide hazard zone, and past landslides have occurred on the subject property. General Plan Health and Safety Policies HS-P11.1 through HS-P11.6, require mapping of seismic hazards, prohibit construction of buildings where seismic hazards cannot be mitigated, and discourage construction within fault zones and steeply sloped areas. Various Geotechnical review letters prepared for the site by consulting engineers, ENGEO, have concluded that development of the site is feasible and provide recommendations for foundation design that are appropriate for the geologic setting. The project has been forwarded to the County peer review geologist, who concurs that existing landslide hazards on site can be mitigated through the use of soundly engineered building foundations. All recommendations from the peer-review geologist have been incorporated as conditions of approval. Therefore, the project will mitigate geologic hazards consistent with the aforementioned policies of the Health and Safety Element.
The project site is located within a Very High Fire Hazard Severity Zone (VHFHZ), as mapped by CalFire. General Plan Policy #HS-P7.1 states that projects resulting in new residential units within the VHFHZ should be denied. This policy is not applicable to the Camino Pablo project due to the fact that the application was deemed complete on October 2, 2023, prior to the adoption of this policy as part of November 5, 2024, adoption of the 2045 General Plan. The project will be required to provide a Fire Protection Plan, for review/approval by the Moraga Orinda Fire Protection District, consistent with Policy #HS-P7.4. The fire protection plan will provide measures for fire-resistant construction material and modifying fuel loading. The project is subject to fire district requirements to provide defensible space, and the provision of adequate water supply for fire suppression purposes. With the development and implementation of the Fire Protection Plan the project would be considered generally consistent with applicable Fire Hazard Policies specified within the health and safety element.
Transportation Element: The Transportation Element of the General Plan includes policies and goals intended to promote effective transportation system that promotes multi-modal transportation. The project site is located along Camino Pablo in the unincorporated Moraga area of the County. The project includes a sidewalk along one side of the interior access roadway, which connects to existing sidewalk improvements along the portion of Camino Pablo fronting the site. The project includes an offer of dedication over a 25-foot-wide portion of the project site along Camino Pablo, a public right-of-way maintained by the Town of Moraga. The project is conditioned to require the applicant to consult with the Town of Moraga regarding frontage improvements along this right-of-way, including studies relating to the installation of traffic calming measures or the removal of on-street parking to facilitate the installation of a Class II bicycle lane. The project, including anticipated frontage improvements along Camino Pablo, is consistent with and in furtherance of Transportation Element polices requiring development projects to minimize conflicts between vehicles and pedestrians/cyclists (Policy TR-P3.2), manage access points along collector roadways by minimizing vehicular access points (Policy TR-P4.4), and designing roadways to include traffic calming and complete streets features to accommodate emergency response vehicles while maintaining safety for vulnerable road uses (Policies TR-P4.10).
B. Zoning Compliance: The applicant proposes to rezone the 7.9-acre area of residential development to a project-specific Planned Unit (P-1) zoning district. If approved, the new P-1 district will allow for flexibility of applicable development standards, provided that substantial consistency with the General Plan as well as the intent of the County Ordinance Code, is maintained with respect to public health, safety, and general welfare. Currently, the Project Site is undeveloped and located entirely within a General Agricultural District (A-2), which is limited with respect to land uses unrelated to the raising of crops or livestock, that can be established. However, the Project Site is immediately adjacent to urban areas in Moraga, which helps to ensure compatibility between the new development and its surroundings. Allowing the Project Site to be rezoned and developed under the proposed P-1 district will allow for development in a manner substantially similar to that of the areas immediately surrounding the Project. The 13 residences proposed for the 7.9-acre residential development area will continue the single-family residential character of the adjacent Sky View court development to the south, as well as other established single-family residential neighborhoods located west of the site. Approximately 16 acres of the project site will be deed restricted to ensure preservation of undeveloped areas of the property.
Residential Lots: The project includes an application for approval of a vesting tentative subdivision map, which will allow the creation of up to 13 residential lots within the designated 7.9-acre residential development area. The proposed lots will range in size from 15,368 square feet to approximately 27,827 square feet in area and will be developed with single-family residences constructed in compliance with the design standards of the project-specific P-1 district. The applicable setbacks, yards, and building heights will vary based on the size and location characteristics of each lot. Except as explicitly modified by the design standards of the P-1 district, development of the residential lots will be guided by standards set forth in the R-15 Single-Family Residential zoning district.
C. Off-Street Parking: Each proposed single-family residence includes a two-car garage, consistent with the off-street parking requirements for single-family residential development.
D. Traffic: The project has been reviewed for consistency with Contra Costa County Transportation Analys Guidelines. These guidelines state that residential projects resulting in 20 or fewer residential units would not expectedly result in significant traffic impacts warranting additional Vehicle Miles Traveled (VMT) analysis. The project consists of thirteen residential units, excluding ADU’s which are subject to separate ministerial approval and therefore are not included in this discretionary project. Therefore, the nature and scale of the project are such that no significant traffic-related impacts are anticipated as a result.
E. Site Access and Circulation: Vehicular access to the project site for future occupants would be via a new cul-de-sac roadway, accessed via Camino Pablo. The project would implement roadway widening and frontage improvements, including a proposed +0.24-acre section along Camino Pablo (Parcel E on Proposed VTM), proposed to be dedicated to the Town of Moraga, that would result in a 38-foot-wide paved roadway within a 68-foot-wide right-of-way. An 8-foot paved sidewalk is also proposed along the property’s Camino Pablo frontage. As proposed, Camino Pablo would meet the County’s minimum width requirements for Private Collector Streets, as specified in Chapter 98-4 of the County Ordinance Code. However, the portion of the Camino Pablo fronting the project site is maintained by the Town of Moraga. The project is conditioned to require the developer to consult with Town of Moraga officials regarding frontage improvements along this right-of-way prior to filing a final map.
F. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on the property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm waters to an adequate natural watercourse. The proposed drainage plan has been designed consistently with these requirements and does not require the granting of an exception to Division 914. Stormwater on site would be collected via drain inlets and pipes along the interior roadway (Street A) which direct the water towards C.3 facilities. Stormwater is ultimately discharged into existing storm drain infrastructure within the Camino Pablo right-of-way. County staff with the Department of Public Works, Engineering Services division have advised that there are no known drainage issues in the project vicinity. Thus, the implementation of the project drainage plan ensures project consistency with applicable requirements of Division 914 of the County Ordinance Code.
G. Storm Water Management and Discharge Control Ordinance: This project is required to be in full compliance with the County’s Storm water Management and Discharge Control Ordinance, the Storm water “C.3” Guidebook (sixth edition), and the requirements of the Regional Water Quality Control Board. A preliminary Storm Water Control Plan dated June 30, 2023, has been submitted for review by the Engineering Services Division of the County Department of Public Works (PW). The project is conditioned to require the provision of a final SWCP for the review/approval of PW to ensure project compliance with all applicable C.3 regulations.
H. Annexation to Lighting District: The project site is not annexed into the lighting district. The Applicant will be required, as a condition of approval, to annex into the Community Facilities District (CFD) 2010-1 formed for the Countywide Street Light Financing.
I. Area of Benefit Fee: The applicant will need to comply with the applicable requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit, as adopted by the Board of Supervisors. These fees shall be paid prior to the issuance of building permits.
J. Drainage Area Fee Ordinance: The project site lies within “unformed” Drainage Area 102. This area is not subject to any special drainage fee ordinance, or related fees.
IX. CONCLUSION
With Conditions of Approval, the proposed project is consistent with applicable policies and standards of the General Plan and zoning code. In addition, an environmental analysis of the project was completed and found that the proposed project would not have a significant impact on the environment with the incorporation of specific mitigations. Staff recommends approval of the Camino Pablo project, based on the attached findings and subject to the attached conditions of approval.
Attachments:
1) Findings and Conditions of Approval
2) Proposed Zoning Map
3) Maps and Plans
4) Agency Comments
5) Draft IS/MND
6) Draft MMRP
7) Final IS/MND
8) Final MMRP
9) PowerPoint