To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Authorization to construct a retaining wall within a restricted development area on the property located at 768 South Pond Court in the unincorporated Lafayette area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. ACKNOWLEDGE that the Zoning Administrator determined that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines Section 15303 regarding “New Construction or Conversion of Small Structures”.
2. APPROVE and AUTHORIZE, under the terms of the attached grant deed of development rights held by the County, Engineered Soils Repairs, Inc. on behalf of the James Dinning/Deanna Anderson Trust and the California Reserve Owners Association and Willis Management Group, to conduct site improvements, including grading and construction of a new retaining wall on Assessor's Parcel No. 365-530-016, located at 768 South Pond Court in unincorporated Lafayette, in accordance with Development Plan permit CDDP24-03004.
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 and construction of a new retaining wall structure (Wall #1) will be located on Assessor’s Parcel No. (APN) 365-530-016 located on 768 South Pond Court and APN 365-530-026 located adjacent to South Pond Court in the unincorporated Lafayette area of the County. Pursuant to the Conditions of Approval (COA) of County File #CDSD88-07144 and County File #CDDP86-03041 (COA #14), the development rights over a portion of Lot 16 of Subdivision 7144 have been dedicated to the County of Contra Costa, a governmental subdivision of the State of California, necessitating the Board to authorize improvement on this property.
On January 29, 2024, Tom Dudley of Engineered Soils Repairs, Inc. submitted a Development Plan application (CDDP24-03004) for a non-substantial modification to Development Plan #CDDP86-03041 to allow a deviation for a 0-foot front setback for the construction of improvements for an existing residential subdivision located in a Planned Unit (P-1) zoning district. The project proposes the construction of two retaining walls near the cul-de-sacs of South Pond Court (Wall #1) and North Pond Court (Wall #2) where the slope beneath the roadways is experiencing creep movements (slow downhill movement of the upper layer of soil). The applicant submitted revised plans on August 14, 2024, and a revised tree removal plan on November 14, 2024. Grading work and portions of each proposed retaining wall would be in the public right of way adjacent to Reliez Valley Road and the Contra Costa County Public Works Department, Engineering Division, was given an opportunity to provide comments and recommend conditions of approval. Approximately 28 linear feet of Wall #1 and approximately 510 square feet of area to be graded is located within the restricted development area. The application also includes a Tree Permit to allow the removal of six (6) code-protected redwood trees, none of which are located within the area grant deeded to the County.
The matter was heard by the County Zoning Administrator on March 17, 2025, during which testimony was accepted from the applicant and members of the public. Based on the accepted testimony and project analysis provided by County staff, the County Zoning Administrator approved the Development Plan permit as recommended by staff. The approval by the Zoning Administrator determined that the project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section §15303, related to the “New Construction or Conversion of Small Structures.” Therefore, staff recommends the Board of Supervisors authorize the grading and site improvements located at APN: 365-530-016, where the development rights have been granted to the County.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, then COA #6 of Development Plan permit, County File CDDP24-03004, will not be satisfied and building permits for the retaining wall would not be issued. Therefore, the applicant will not be able to construct the retaining wall as needed for the property identified as 768 South Pond Court and adjacent to South Pond Court in the unincorporated Lafayette area.