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Project Title: |
Caballo Ranchero Drive 2-Lot Residential Subdivision |
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County File: |
#CDMS25-00003 |
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Applicant/Owner: |
Michael Milani, Milani & Associates / Jeff and Sheila Langon |
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Zoning/General Plan: |
R-40, Single-Family Residential District / RVL, Residential Very-Low Density |
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Site Address/Location: |
2485 Caballo Ranchero Drive, Diablo (APN: 195-352-014) |
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Project Planner: |
Dominique Vogelpohl, Senior Planner (925) 655-2880 Dominique.Vogelpohl@dcd.cccounty.us |
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Staff Recommendation: |
See Section II for Recommendation |
I. PROJECT SUMMARY
A request for approval of a Tentative Parcel Map to subdivide a 1.9-acre property into 2 new residential parcels (Parcel A: 42,899.4 square-feet and Parcel B: 40,028.3 square-feet) with two variance requests to allow both parcels to have an average lot width of less than the 140-feet minimum required (Parcel A: 85-feet and Parcel B: 87-feet) and four exception requests to County’s Subdivisions Ordinance (1. Section 96-10.004 - “Underground Utilities” to not be required to ground existing utilities, 2. Section 96-14.0002 - “Improvement of County Streets” to not be required to install frontage improvements, 3. Section 914-2.002 - “Collect and Convey” to be permitted to only maintain the existing drainage pattern, and Section 914-12.010 - “Detention Basins - Maintenance” to permit private maintenance of onsite detention structures instead of the required public maintenance). The project also includes: removal of 21 onsite trees and work within the dripline of 22 onsite trees to remain, reconstruction of the existing driveway into a private road, demolition of the existing detached garage and two shed buildings, and approximately 1,260 cubic yards of grading (160 cubic yards of cut and 1,100 cubic yards of fill).
II. RECOMMENDATION
If the Zoning Administrator denies County File #CDMS25-00003, staff recommends that the Zoning Administrator:
A. DENY County File #CDMS25-00003 based on staff not being able to make all the necessary findings for approval as required by Section 94-2.806 of the County Code.
B. FIND that the project is categorically exempt from CEQA under Section 15061(b)(4) of the CEQA Guidelines.
C. DIRECT staff to file a Notice of Exemption with the County Clerk.
If the Zoning Administrator approves County File #CDMS25-00003, staff recommends that the Zoning Administrator:
A. FIND that the mitigated negative declaration prepared for County File #CDMS25-00003 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 Mitigated Negative Declaration prepared for this project reflects the County’s judgement and analysis;
B. ADOPT the final Mitigated Negative Declaration (MND) and mitigation monitoring and reporting program (MMRP) prepared for this project;
C. APPROVE the Tentative Parcel Map for the Caballo Ranchero Drive 2-Lot Minor Subdivision (County File #CDMS25-00003), including the Tree Permit for the removal of twenty-one (21) code protected trees and construction work within the driplines of an additional twenty-two (22) code-protected trees, Variances to allow Parcel A to have an average lot width of 85-feet and Parcel B to have an average lot width of 87-feet (where 140-feet is minimum required), grant exceptions to County Code Sections 96-10 (Underground Utilities) and 96-14.002 (Improvement of County Streets), Division 914 (Drainage), and Division 914-12.010 (Detention Basins - Maintenance), and permit approximately 1,260 cubic yards of grading (160 cubic yards of cut and 1,100 cubic yards of fill), based on the findings and subject to the conditions of approval.
D. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: RVL, Residential Very-Low Density.
B. Zoning: R-40, Single-Family Residential District.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration/Initial Study (MND) was prepared and published for this application. The State and public review period for the draft MND started on July 10, 2026, and ended on August 10, 2026. Comments received during the comment period did not require any text changes. The final MND and Mitigation Monitoring Program (MMRP) are Attachments 6 and 7. The final MMRP was prepared based on the mitigation measures in the final MND. If approved, the MND mitigation measures would apply to the Minor Subdivision as Conditions of Approval.
If the project is denied, the project is categorically exempt per CEQA Guidelines, Section 15061(b)(4), Review for Exemption, exemption for projects that will be rejected or disapproved by a public agency.
IV. SITE/AREA DESCRIPTION
The subject site is accessed from the north side of Caballo Ranchero Drive, in the Diablo area of unincorporated Contra Costa County. The site is bound by single-family residential properties on all sides.
The property features a flag-shaped configuration, beginning with an incline from the road and gradually rising in elevation. The land continues to slope upward until it reaches and levels out at the top where the house is situated. The residence is located approximately 400-feet from the road, providing a distinct separation between the entrance and the main living area.
V. PROJECT DESCRIPTION
A Tentative Parcel Map to subdivide a 1.9-acre site into 2 new residential lots to be accessed by a new private road from Caballo Ranchero Drive. The project scope includes a request to remove 21 trees and work within the dripline of 22 other trees, and approximately 1,260 cubic yards of grading (160 cubic yards of cut and 1,100 cubic yards of fill), for the necessary private road and drainage improvements.
The existing residence will be located on Parcel A, and the accessory buildings and structures that would be on Parcel B are being demolished. New necessary improvements include the existing driveway to be reconstructed into a private road and be located within a 25-foot-wide private access and utility easement that totals 8,113.78 square-feet, new retaining walls along the private road, and new drainage to treat stormwater runoff for the approximately 16,000 square-feet of impervious surface.
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, certain collect and convey requirements, and to be permitted to privately maintain the onsite detention basin.
1. Code Section 96-10 - Undergrounding Utilities: An exception request to not require undergrounding existing overhead lines along the Caballo Ranchero Drive frontage.
2. Code Section 96-14.002 - Improvement of County Streets: An exception request to not require frontage improvements along Caballo Ranchero Drive.
3. Code Division 914 - Drainage: An exception request to not be required to construct/rehabilitate offsite, downstream drainage improvements.
4. Code Division 914-12.010 - Detention Basins - Maintenance: An exception request to allow the onsite detention basin facility to be privately maintained instead of publicly.
VI. BACKGROUND
The proposed project was initially heard at the County Zoning Administrator (ZA) hearing held on Monday, August 17, 2026. The hearing was open to the public and testimony was accepted by the applicant, Michael Milani. No other members of public spoke on this item.
The Zoning Administrator found the project to not be compliant with the County General Plan’s density requirement of a maximum of 1 unit per net acre. With a lot area of 82,927.7 square-feet, the allotted density equates to 1.9-units. The project proposing a 2-lot subdivision requires a minimum density of 2-units, and the Zoning Administrator stated the project cannot round 1.9-units up to 2-units as the General Plan states, “Actual density must fall within the density range for the applicable land use designation unless State laws, such as Density Bonus, or policies within this General Plan allow for higher or lower densities” (Ch 4 Land Use Element, pg 2). As such, the project as proposed does not meet density requirement.
The Zoning Administrator continued this item to the October 19th ZA hearing as an open hearing to provide additional time to review options for potentially obtaining additional land to meet the density requirement. The Zoning Administrator also stated the residence footprint shown on Parcel B in the project plans must be removed as house development is not part of this project, and that a site-specific fire protection plan must be prepared in accordance with General Plan Policy HS-P7.4 due to the project site being located within a high fire hazard severity zone (FHSZ) and a local responsibility area.
The applicant provided a response on October 1, 2026. The plans have been revised to note the house footprint as conceptual, and there are defensible space zones as defined by Cal Fire around the intended location of the future dwelling unit for Parcel B. The applicant is also willing to accept conditioned fire protection measures per this policy. Further details can be seen in the attached applicant response letter and the Defensible Space Exhibit in the attached revised plan set.
With respect to the density requirement, the applicant is stating that the County General Plan considers the R-40 Zoning District to be consistent with the Residential Very-Low Density (RVL) land use designation, and that Government Code section 65860 requires a County zoning ordinance to be consistent with its general plan. As the R-40 district only requires 40,000 square-feet, proposing lots that meet this should be seen as consistent with the General Plan. Additionally, the density allowance for this area under the previous County General Plan was a maximum of 0.9-units per net acre.
The project is subject to the current 2045 County General Plan, which requires a maximum of 1 unit per net acre for the RVL designation in which the project site is located. The R-40 Zoning District is consistent with the RVL designation as the required density is a maximum of 1 unit per net acre, which provides room for properties less than 43,560 square-feet. The project can meet the density requirement of 2-units minimum by acquiring 4,192.3 square-feet more land. Other options that can be explored are modifying the project to a Density Bonus project pursuant to Gov. Code Section 65915, or converting the project to an Urban Lot Split permitted under SB-9.
If the Zoning Administrator were to deny the application, staff has prepared findings for denial as not all the necessary findings for approval as required by Section 94-2.806 of the County Code can be met.
VII. PUBLIC COMMENTS
Staff reviewed public comments received from neighboring residents at 2465 and 2374 Caballo Ranchero Drive (in Attachment 4 - Public Comments) and found recurring points of concern, which are summarized and addressed below:
- There are concerns that there will be a loss of privacy with the tree removal.
Staff response: Tree replacement will be required. Planting trees along the shared property line is feasible and may help restore physical separation between the properties.
- Has proper analysis been completed for the project’s potential impacts to traffic, air quality, animal habitat, and construction noise.
Staff response: the draft MND available online that included proper environmental analysis of the project’s potential impacts to traffic, air quality, animal habitat, and construction noise, and this analysis resulted in mitigation measures related air quality during construction, potential loss of habitat for nesting raptors and roosting bats, and requiring construction hours to address construction noise.
- The application is being treated as ministerial and is also being proposed to be exempt from CEQA.
Staff response: This is a discretionary minor subdivision application. Staff has provided a recommendation for approval to the Zoning Administrator based on the attached findings for approval and subject to the attached conditions approval, but it is not approved unless the Zoning Administrator accepts staff’s recommendation at an open public hearing, which will be held at on Monday, August 17th at 1:30PM. Staff has also completed preparation and circulation of a draft MND pursuant CEQA guidelines, and staff’s recommendation includes that the Zoning Administrator adopt the attached final MND and MMRP.
- The project site is located within a high fire hazard severity zone (FHSZ) and within a state responsibility area.
Staff response: The project site is in a local responsibility area, not state. Potential impacts due to being located in a high FHSZ are included in the attached findings for approval and the final MND.
- The road is too narrow and will not be able to accommodate oncoming traffic from both parcels.
Staff response: The developer will be required to obtain an encroachment permit to construct its private road/driveway connection which will comply with the sight obstruction requirements of Chapter 82-18 of the County Ordinance Code. This is to ensure no structure or vegetation will obstruct the visibility of vehicles approaching the public road and into oncoming traffic.
- Not undergrounding utilities could be a fire hazard:
Staff response: Undergrounding utilities were reviewed by the County Public Works Department and found to be adequate as described in the attached findings for approval. Public Works is also recommending approval of the exception request to underground existing utilities. The electrical and communication lines connecting to the new homes within the proposed subdivision development will be placed within underground conduit from the existing joint pole located near the proposed private roadway connection to Caballo Ranchero Drive.
The project's frontage along Caballo Ranchero Drive is approximately 100 feet and only has one joint pole that is within its frontage. The undergrounding of this short segment of existing electrical distribution lines along would not measurably reduce the overall fire hazard risk in the area. In addition, it is not achievable to only underground one joint pole since the undergrounding work would need to extend to the next joint pole in each direction, which would require work outside of this project site's frontage.
- Frontage improvements should be required to help mitigate run off and provide erosional control.
Staff response: Diablo is a unique community and desires to maintain its rural setting. Diablo is an older community, served by privately maintained roadways, with the exception of Caballo Ranchero Drive which is maintained by Contra Costa County Public Works. As reflected on the submitted Tentative Parcel Map the portion of Caballo Ranchero Drive fronting the project maintains a pavement width varying from 21.4-feet to 22.2-feet. The existing provides a “best fit alignment” to optimize road widths based upon the site topography in order to provide for a pavement width exceeding a nominal width of 20-feet. Widening Caballo Ranchero Drive, to meet the ultimate 36-foot pavement width, would require extensive grading and installation of retaining walls varying in height from three to six feet in many locations. The widening would change the rural characteristics of the Diablo area and would be in conflict with Diablo community Policy 1. The current pavement width, exceeding 20-feet, provides adequate access for both fire and neighborhood vehicular needs. Therefore, it is found that the “Diablo” neighborhood area would be better served by waiving the widening requirement along the project frontage.
- The increase in traffic is not properly mitigated.
Staff response: Under CEQA, the MND is required to evaluate the potential impacts from the proposed project. The proposed private road/driveway connection is not expected to have operational impacts on Caballo Ranchero Drive due to the anticipated low volume of 2 AM/PM new peak period vehicular trips generated from one additional new home.
- Allowing the exceptions to Title 9 will pass the cost to neighboring properties.
Staff response: Public Works has recommended approval to these exception requests and has substantiated why in their final report which is in attached findings for approval. Within these findings they find reason that granting these exceptions will not be “materially detrimental or injurious” to the surrounding properties. They also find in some cases to benefit neighboring properties.
- The resultant lots will not be developable as they will be substandard in average lot width.
Staff response: Both properties are still developable as made evident in the attached Variance findings. The body of each resultant lot has an average lot width that is not substandard and each lot will still meet the minimum lot area required of 40,000 square-feet, allowing for future development to be able to be consistent with the surrounding area.
- Further geotechnical investigation should be done due to the grading.
Staff response: Potential geological hazards are sufficiently assessed in the attached findings for approval and under the Geology and Soils section of the final MND. Additionally, a site-specific geotechnical report will be submitted during the plan check phase of the project that provides clear recommendations for the structural design of the detention 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.
VIII. CONCLUSION
If the Zoning Administrator denies County File #CDMS25-00003:
Staff cannot make all the required findings for recommending approval of the proposed Tentative Parcel Map for a 2-Lot residential subdivision. Therefore, staff recommends that the Zoning Administrator deny Minor Subdivision #CDMS25-00003 based on the findings for denial that are in Attachement 1.
If the Zoning Administrator approves County File #CDMS25-00003:
The proposed Minor Subdivision (County File #CDMS25-00003) is found to be consistent with the RVL, Residential Very-Low Density General Plan land use designation and with the regulations of the R-40 Single-Family Residential District with Variance approval to average lot width. Staff recommends adopting MND SCH 2026070410 and the MMRP, granting the exceptions to Section 96-10 (Undergrounding Utilities), Section 96-14.002 (Improvement of County Streets), Division 914 (Drainage), and Division 914-12.010 (Detention Basins - Maintenance), and approving the Tentative Parcel Map for a 2-Lot Minor Subdivision #CDMS25-00003, including Variances for Parcel A to have an average lot width of 85-feet and Parcel B to have an average width of 87-feet (where 140-feet is the minimum required), a Tree Permit for removal of 21 code-protected trees and for construction work within the driplines of 22 code-protected trees, and approximately 1,260 cubic yards of grading (160 cubic yards of cut and 1,100 cubic yards of fill), based on the findings and subject to the conditions of approval that are in Attachment 2.