UPDATE and BACKGROUND:
March, 2024. The local HOA fights on: While Save Seven Hills Ranch does not have the wherewithal to further oppose Spieker Development’s inappropriate and destructive plans for the ranch, the local Heather Farms Homeowners Association, has filed an environmental lawsuit against the County(see it here: N23-0179) and lawsuits against the City regarding the approved access and the public records act (see them here: N24-0100 and N23-2065).

SUPERSIZED wins over SENSIBLE with the Walnut Creek City Council With Councilmember Kevin Wilk the only dissenting vote, on Tuesday, Dec 19, 2023 the City Council of Walnut Creek held a public meeting (agenda and public notice) and, despite vehement years-long community opposition, voted to allow developer access through Walnut Creek City neighborhoods for the massive planned development for Seven Hills Ranch. This despite the evidence and Environmental Impact Report indicating that the County’s existing access road is an environmentally superior option. It should be noted that the Council took a page from the County Board of Supervisors’ playbook and showed a lack of respect for the local community’s interest and concern on this issue by scheduling this important vote during a busy holiday season, six days before Christmas. (The County BOS scheduled their vote two days after Thanksgiving weekend in 2022.)
Arrogance or ignorance on display by your representatives? You decide. (Both arrogance AND ignorance??)

Background: The City of Walnut Creek’s Promise. The City in 1970 created a strip of land, “Lot A”, purposely to prevent Kinross Dr (north of Marchbanks) from extending to Seven Hills Ranch. The City confirmed the protective intent of “Lot A” in subsequent City General Plans. In planning for their Seven Hills Ranch proposal, Speiker development asked the City to sell or transfer “Lot A” to them and allow them to extend Kinross Dr. for use as a main entrance to their proposed development. This is exactly what “Lot A” was put in place to prevent - disruption to adjacent, established City neighborhoods, communities and streets (including Ygnacio Valley Rd and Marchbanks Dr) from County approved development for the Seven Hills Ranch property. Many questions surround not only the sanity but also the legality and ethics of such a transfer. The Council (4-1 vote, Dec 19, 2023) decided they will renege on the documented historical promise that Kinross Dr. never be allowed to connect to Seven Hills Ranch. (Scroll down for historical documentation links.) MAP of proposed Kinross Extension and 1’ x 50’ Lot A.

Here is the developer’s request: Spieker Irrevocable Offer to City of Walnut Creek along with our public comment on the questionable assumptions in that request: Public Comment re. Irrevocable Offer.

Over the course of several years prior to the final vote on Dec 19, 2023, the City Council, Attorney and City Manager stated repeatedly that no decisions would be made in closed session yet several closed sessions were held regarding “Lot A” negotiations with the developer (see below, “Closed Sessions”). Additionally, the City moved forward with tree removal permit and General Plan Consistency reviews and approvals for the Lot and the adjacent Kinross extension (see below). The City proceeded as if the decision regarding sale or transfer had already occurred. Such action disregarded public promises for transparency and also ignored that the local Heather Farms HOA had (and still has, April, 2024) several lawsuits pending regarding the development. One addresses the County’s  inadequate environmental review of the entire development (CEQA case N23-0179)and two others address the City regarding, respectively, the Kinross access (N24-0100) and their adherence to the Public Records Act (N23-2065). The HOA has consistently communicated with the City, strongly asking that the developer's "Lot A" transfer request be denied from a legal, ethical, and historical standpoint. At the very least, they ask that the Kinross entrance not be approved or moved forward by the City until the HOA’s lawsuit(s) is/are concluded.

Closed Sessions: A 9am Special Council session for Oct 24, 2023 where “price and terms” for “Lot A” were discussed was indeed closed to the public. The public addressed the Council in Public Comment prior to the closed session and submitted comments in writing, which can be seen HERE and HERE. Comments asking that the City deny approval of the main development entrance through an extension of Kinross Dr. far outweighed any comments pertaining to approval of the Kinross extension. While a small number of individuals, mainly from communities outside Walnut Creek, spoke about the desirability of the overall development they did not address the entrance issue which was the item on which the Council was hearing Public Comment. (The City Council also discussed or planned to discuss “Lot A” in several other closed sessions including one on June 20, 2023. 6/20/23 video )

Tree Removal Granted: It is evident that some promises and decisions were made prematurely between the City and Spieker Development. After required public notification and request for comment (Click HERE) the City of Walnut Creek's Zoning Administrator on Nov. 27, 2023 considered and granted a request from Spieker Development to remove two HIGHLY PROTECTED trees and eight additional trees from City land at the end of Kinross Dr. This was presumably in anticipation that the main entrance to the proposed Seven Hills Ranch development would be approved by the City Council and would be located at a new extension to Kinross Dr.  (Agenda with Public Comment links) Click here to see the pre-approved documents, drafted prior to the meeting: Zoning Admin Draft Findings and Decision document  

General Plan Consistency Determination by the City Planning Commission: On Nov. 30, 2023 (Agenda with Public Comment) the Planning Commission was asked to consider if the sale/transfer of “Lot A” was consistent with the City’s General Plan. Again, despite strong public opposition and comment, consistency was confirmed. However, the Commission has to revisit the decision on Dec 14, 2023 (Agenda & Public Comment) as key public comment was “inadvertently” omitted from the initial agenda and not provided to the Planning Commissioners.

Here are City of Walnut Creek historical documents indicating that Kinross Dr. shall NOT connect with Seven Hills Ranch:

• Nov 2000, Walnut Creek General Plan Vision 2005 pg 162 "Kinross Drive shall not be connected to Seven Hills Ranch Road”

• 10/28/2004 Walnut Creek Planning Commission Minutes  (top of page 4, reference WC's Senior Planner Harrison stated "There shall be no connection from Kinross spur to Seven Hills Ranch Rd")

• 11/16/2004 pg 2 Walnut Creek City Council Staff Report regarding the development of Kinross Terrace (now known as Club View Terrace) "Kinross Drive shall not be connected to Seven Hills Ranch Road"

• 5/14/1970  Conditions: That Heather Farms [HOA] Subdivision #4006 “shall deed "Lot A" to the City of Walnut Creek from Declaration of Covenants, Conditions, and Restrictions for said subdivision.

• 7/20/1970 WC City Council Acceptance of Deed “Lot A” from Heather Farms [HOA] to City 0f Walnut Creek

The following documents indicate the developer’s desire not only to invalidate past city documents which clearly state that Kinross Dr. may NOT be extended but also to find a way to allow the transfer of “Lot A” without environmental or public review. This includes the developer’s justification to evade CEQA requirements. The extensive documents in batches (1), (2), and (3), contain conversations between the City and the developer going back to April 2020. These documents were released at our request. Information on the wetlands is included here: Kinross Wetlands Photos & Maps. Contact us at SaveSevenHillsRanch@gmail.com for assistance reviewing these documents.

Click these links to see Diagrams - overhead and profile - of the proposed entrance. Roadway heights (which are up to 9 feet above the current grade), along with “no build zones”, location of the seasonal wetlands, property lines and “Lot A” are all indicated on these diagrams of the proposed entrance AND are all good reasons to deny the developer this entrance.

As noted above, the WC City Council and Attorney responded in the past to our inquiries by saying that they will take no action unless it is in open session and after the County has vetted the project. Curiously, however, the Spieker Project Description (Feb 2021) on page 4, item 9 uses the language “… the currently dedicated Kinross Drive right-of-way”. Currently dedicated means granted. Should we assume this is an inaccuracy on the part of the developer? The Walnut Creek City Council and Attorney have responded to past inquiries by assuring that they will take NO ACTION unless it is in open session.

Seven Hills Ranch is property purchased by Spieker Development. It is in unincorporated Walnut Creek under Contra Costa County jurisdiction. It is bounded on two sides by the City of Walnut Creek property and the two other sides by unincorporated county property. It is in an area considered within Walnut Creek’s “Sphere of Influence” with the County, which, in theory, gives the City greater influence on what happens with the property