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C. 6
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: November  2, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Grant Deed of Development Rights and Quitclaim Deed for Stonebridge Estates

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/02/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:
Federal D. Glover, District V Supervisor
Contact: Grant Farrington, 925-655-2868
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     November  2, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

1. APPROVE and AUTHORIZE the Board Chair to execute a grant deed of development rights with Heather Paquette and Paul Franczyk for a portion of 100 Bridges Court in the unincorporated Alamo area.  
2. ADOPT Resolution No. 2021/355 to accept the grant deed of development rights.  

3. DETERMINE that the County’s development rights in an approximately 2,926-square-foot portion of Parcel C of the Stonebridge Estates residential subdivision are no longer necessary for County or other purposes.  







RECOMMENDATION(S): (CONT'D)
4. APPROVE and AUTHORIZE the Board Chair to execute a quitclaim deed to quitclaim the Stonebridge Estates Homeowners’ Association the County’s development rights on a portion of Parcel C of the Stonebridge Estates residential subdivision (Subdivision 7633) in the unincorporated Alamo area.  
5. DETERMINE that the above actions are exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061, subdivision (b)(3), in that it can be seen with certainty that there is no possibility that they may have a significant effect on the environment.  
6. DIRECT staff to file a Notice of Exemption with the County Clerk.   

FISCAL IMPACT:

All application processing costs are paid for by the applicant.

BACKGROUND:

On November 2, 1993, the Board of Supervisors approved the Stonebridge Estates residential subdivision in the Alamo area (Subdivision7633, Development Plan #DP91-03003 and Rezoning #RZ-2944) which created 51 new residential lots and four scenic easement common parcels, including a 39.68-acre open space parcel identified as Parcel C . Pursuant to conditions of approval for the Stonebridge Estates development, the developer recorded a grant deed of development rights granting to the County development rights on portions of several parcels within Stonebridge Estates, including Parcel C. The grant deed describes the development rights as a form of negative easement running with the property and binding future owners. Fee title of Parcel C is held by the Stonebridge Estates Homeowners’ Association (“Association”).  
  
Heather Paquette and Paul Franczyk (“Owners”) own the residential property located at 100 Bridges Court, which abuts Parcel C. On February 6, 2020, the owners of 100 Bridges Court and the Homeowners Association submitted an application for a proposed lot line adjustment between 100 Bridges Court and 2,926 square feet of Parcel C. The proposed lot line adjustment would exchange a 2,926-square-foot portion of Parcel C, which includes a small stand of trees, with a 2,926-square-foot portion of 100 Bridges Court. The exchange would allow the Owners of 100 Bridges Court to maintain the trees on their own private property.  
  
DCD staff reviewed the proposed adjustment and determined that the lot line adjustment could be approved as it did not constitute a subdivision of land, involved the reconfiguration of fewer than four parcels, and conformed to the County General Plan and Zoning Code. The Stonebridge Estates development includes approximately 58.76 acres of restricted open space. Staff has determined that accepting the development rights for a 2,926-square-foot portion of 100 Bridges Court in exchange for 2,926-square-feet of Parcel C the County will not increase or reduce the County's development right interest in Open Space Parcel C. There will be no net increase or decrease of the footprint with in the restricted open space.   
  
On August 30, 2021, the Zoning Administrator approved the proposed lot line adjustment (LL20-00002, DP20-03028). The Zoning Administrator conditioned approval of the lot line adjustment to facilitate the relocation of the County’s development rights. The proposed grant deed of development rights and quitclaim deed will meet those conditions of approval.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board does not approve of the grant deed of development rights and quitclaim deed, the lot line adjustment cannot be recorded.   

CHILDREN'S IMPACT STATEMENT:

No element of the proposed project will impact children’s programs within the County.  

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