Walnut Creek Planning Commission approves 6‑lot Haven subdivision at 1948 Third Avenue

Walnut Creek Planning Commission on Feb. 20 approved the Haven Single Family Residential Development, a six‑lot subdivision at 1948 Third Avenue (Application Y24‑051) that includes one moderate‑income unit enabled by a state density bonus. The commission voted to adopt the draft resolution approving the CEQA determination, major subdivision, density bonus, requested waivers, design review, tree removals and tree drip‑line encroachment permits with added conditions of approval.

The project would demolish the existing house and accessory structures, create six residential lots ranging from about 2,660 to 4,060 square feet, construct a private street, replace landscaping, and remove 19 trees on site. Assistant Planner Gerardo Victoria told the commission, "The project before you today is the Haven Single Family Residential Development, located at 1948 Third Avenue." He said the applicant requests 13 waivers under the density bonus law and that staff recommends approval with conditions, including that "the second story windowsill height on the left elevation of Lot 4 shall be no less than 6 feet and shall be shown on the plan submitted for building permits."

Staff and the developer described changes made after Design Review, including smaller upper‑story windows with a 6‑foot sill height, added trim and siding details, replacement of a proposed wood retaining wall with a 2‑foot concrete wall plus a 7‑foot fence, and additional native plantings and an added coast live oak. Applicant CFO Mozami said the team was "planting 10 new trees, and 6 of those trees are from the list of protected trees" in Walnut Creek and that the design changes were made to accommodate neighbors' requests.

Drainage was a focal point of the hearing. Senior Engineer Ryan Cook explained the site drains to a historical low point in the northeast corner and described the required stormwater treatment: "Our current standard for projects to this site only have to treat a 10‑year storm event." He said bioretention basins and on‑site storage and metering will be used, and staff opposed relocating the primary bioretention basin because moving it would require raising a corner of the site and could increase on‑site flood risk. Cook also noted a sanitary sewer easement along the eastern property line that prohibits placing bioretention facilities within that easement.

Neighbors raised privacy, tree protection and neighborhood character concerns. Cynthia Schneider said her "biggest concern ... is how this project is going to be impacting our privacy," citing Lot 4's proximity to her bedroom. Public commenters also cited potential impacts to redwood trees near the property, questioned whether adjacent privately‑owned trees labeled to remain were under the developer's control, and asked whether smaller homes or fewer lots would be feasible. Developer representatives said reducing home sizes or the number of units would make the project infeasible and that they had worked to respond to neighbors' concerns.

Commissioners discussed state density bonus rules and the limits of the commission's discretion. One commissioner noted the commission's responsibility is to determine whether a proposed project complies with applicable laws and standards. The commission also heard that the proposed building heights are under local limits (highest points reported as 28 feet 8 inches and 28 feet 4 inches) and therefore do not trigger additional fire department aerial access requirements.

The commission approved the revised draft resolution by roll call. The motion included the staff‑recommended findings and the added condition requiring the Lot 4 second‑story left‑elevation windowsill to be shown at a minimum 6‑foot height on building permit plans.

Votes at a glance - Adoption of consent calendar (meeting minutes of 01/23/2025): motion passed by roll call; yes votes recorded for Commissioners Kwok, Ward, Klopp, Neating, Vice Chair Anderson and Chair Strongman. - Approval of draft resolution for Haven Single Family Residential Development (Application Y24‑051, 1948 Third Avenue): motion passed by roll call; yes votes recorded for Commissioners Kwok, Ward, Klopp, Neating and Chair Strongman. The motion approves the CEQA determination, major subdivision, density bonus, 13 requested waivers, design review, tree removals and tree drip‑line encroachment permits, with added conditions of approval.

The developer and staff may proceed to finalize required permit submittals and building permit plans that reflect the commission's conditions. The record shows outstanding neighbor concerns about privacy, tree protection and long‑term drainage maintenance that will be relevant during permit review and construction oversight.