|
|
|
|
Project Title: |
3449 San Pablo Dam Road Development Plan and Variance |
|
|
|
|
County File(s): |
CDDP20-03031 |
|
|
|
|
Applicant/Owner: |
Yochai Kidron (Applicant and Owner) |
|
|
|
|
Zoning/General Plan: |
R-B Retail Business District / RMH Residential Medium-High Density |
|
|
|
|
Site Address/Location: |
3449 San Pablo Dam Road in the El Sobrante area of unincorporated Contra Costa County (Assessor’s Parcel Number: 420-031-030) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Sections 15303(b) |
|
|
|
|
Project Planner: |
Grant Farrington, Planner III (925) 655-2868 |
|
|
grant.farrington@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
|
|
|
I. PROJECT SUMMARY
The applicant requests approval of a Development Plan to convert an existing two-story, 1,040 square-foot commercial building into a duplex with a proposed addition of 246 square feet. The applicant also requests a Variance to allow zero off-street parking spaces (where four spaces are required).
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15303(b) of the CEQA Guidelines.
B. APPROVE Development Plan CDDP20-03031 to convert the existing two-story, 1,040 square-foot commercial building into a duplex with a proposed 246 square-foot addition, and a Variance to allow zero off-street parking spaces (where two spaces for each dwelling unit are required), based on the attached findings and subject to the attached conditions of approval.
C. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: RMH Residential Medium-High Density.
B. Zoning: R-B Retail Business District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Sections 15303(b), New Construction or Conversion of Small Structures, Class 3 exemption for the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure including a duplex.
D. Previous Applications:
CDZC25-00945: This Certificate of Compliance to establish Assessor’s Parcel 420-031-030 as one legal lot was approved by the Zoning Administrator on April 30, 2025. The Certificate was recorded on May 14, 2025.
E. Concurrent Application:
CDLL23-00009: This Lot Line Adjustment application to transfer of 2,993 square feet of land from APN 420-031-036 to APN 420-031-030 was accepted by the CDD on July 20, 2023. Processing of the application is pending the Zoning Administrator’s decision on the CDDP20-03031 Development Plan application.
IV. SITE/AREA DESCRIPTION
The subject property is a 1,306 square-foot triangular parcel on the north side of San Pablo Dam Road approximately 100 feet west of the San Pablo Dam Road / Miflin Avenue intersection. This parcel was originally part of the adjacent parcel APN 420-031-036. The present parcel configuration was established sometime prior 2011 when the lot description was described in a Short Form Deed of Trust executed on January 11, 2011. Certificate of Compliance CDZC25-00945 established Assessor’s Parcel 420-031-030 as one legal lot. There is an existing 1,040 square foot two-story commercial building on the lot. A portion of the building extends over the property line into the adjacent parcel APN 420-031-036.
The parcel configuration is atypical for lots fronting San Pablo Dam Road and is the subject property is substandard in size for the R-B Retail Business District. As a major thoroughfare in the El Sobrante area, the lots to the north and south of San Pablo Dam Road in the surrounding vicinity have been developed with a variety of land uses including single- and multiple-family residential construction, commercial offices, retail businesses, and churches.
V. PROJECT DESCRIPTION
The applicant requests approval of a Development Plan to convert the existing two-story 1,040 square-foot commercial building into a duplex with a proposed addition of 246 square feet. As shown on the project plans in Attachment B, the proposed modifications will result in a 1,286 square-foot residential building with a 643 square-foot dwelling unit on the first floor and a 643-square-foot dwelling unit on the second floor. A portion of the existing exterior stairwell will be modified to accommodate the additional conditioned space. The applicant has submitted a Lot Line Adjustment application to transfer of 2,993 square feet of land from APN 420-031-036 to APN 420-031-030 in order to accommodate the duplex on one legal lot. Accordingly, the requirement for approval and recordation of the Lot Line Adjustment prior the submittal of a building permit is Condition of Approval #6 of the Conditions of Approval and Advisory Notes. The applicant also requests a Variance to allow zero off-street parking spaces (where four spaces are required), as currently, there is no off-street parking on the subject property.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on December 7, 2020, to a number of public agencies, including the Building Inspection Division, the Environmental Health Division of the Health Services Department, the Engineering Services Division of the Public Works Department, the Contra Costa County Fire Protection District, the West County Wastewater District, the East Bay Municipal Utility District, the City of San Pablo, and the El Sobrante Municipal Advisory Council. The packet was also sent on December 7, 2020 to the El Sobrante Valley Planning and Zoning Advisory Committee. Staff subsequently send a second Agency Comment Request packet on October 8, 2024 to the Engineering Services Division. Agency comments received by staff are included in Attachment C. Following are summaries of the comments received.
A. Contra Costa County Fire Protection District: On December 10, 2020 the Fire Protection District submitted a letter stating that the project developer will be required to provide an adequate and reliable water supply for fire protection and submit three copies of the site improvement plans to the District prior to obtaining a building permit.
B. El Sobrante Municipal Advisory Council (MAC): On December 16, 2020, the El Sobrante MAC returned the Agency Comment Request form indicating no objections to the project.
C. Building Inspection Division: On December 21, 2020, Building Inspection returned the Agency Comment Request form stating that compliance with applicable building codes is required, and the fire rating of the floor/ceiling, stair enclosure, and load bearing walls is required.
D. East Bay Municipal Utility District: On December 24, 2020, the Utility District submitted a memorandum stating that separate water meters are required for each duplex unit, and that the project sponsor should contact EBMUD’s New Business Office and request a water service estimate to determine the costs and conditions of providing water service to the development.
E. Public Works Department, Engineering Services Division: On December 10, 2024, Engineering Services returned the Agency Comment Request form stating that the project is subject to applicable Area of Benefit fees and Drainage Area 73 fees, and any construction activities within the San Pablo Dam Road right of way requires an encroachment permit from the City of San Pablo.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The subject property is located in the RMH Residential Medium - High Density General Plan land use designation. The RMH designation is intended for the highest density single-family and medium-density multiple-family residential. Typically, this designation is applied to single-family units on lots smaller than 2,500 square feet in size. and appropriate multiple-family development units include fourplexes, townhouses, condominiums, apartments and assisted living facilities. The density range for lots in the RMH designation is 17-30 units per net acre. The proposed project would convert an existing two-story commercial office building into a duplex with one dwelling unit on each floor. With approval and recordation of the Lot Line Adjustment, as required in Condition of Approval #6, the duplex would be on a 4,000 square-foot lot, which would result in a density of 27 units per net acre. Thus, the project is consistent with the RMH land use designation.
The project is also subject to the Policies, Goals and Actions of the General Plan Land Use Element. In particular, Policy LU-P8.3 encourages adaptive reuse of aging commercial buildings and sites. The project will convert an existing commercial building into a duplex which is consistent with this policy.
The subject property is located adjacent to San Pablo Dam Road and is within a designated 60 dB noise contour. As a result, the project is subject to the Goals, Policies and Actions of the Noise and Vibration section of the General Plan Health and Safety Element. San Pablo Dam Road is anticipated to have a future 2045 roadway noise condition of approximately 65 dB as shown on Figure HS-21 of the Health and Safety Element. Although the project is for the conversion of an existing office building into a duplex, the project would be considered urban residential infill. As shown in Table HS-3 of the Health and Safety Element, a noise exposure of 65 dB is considered acceptable for the project.
B. Zoning Compliance: The subject property is located in the R-B Retail Business District. Permitted uses in the R-B district include all of the uses permitted in single-family and two-family residential districts together with the uses permit in these districts after the granting of land use permits. The D-1 Two-Family Residential District permits a detached two-family dwelling (duplex) on each lot and uses normally auxiliary thereto. The project would convert an existing two-story commercial building into a duplex with an addition to the rear of the building. With respect to the applicable development standards of the R-B District, the front yard setback and the overall height of the building will remain the same and would remain in compliance with the R-B district.
The present configuration of the subject lot results in a portion of the existing building crossing the boundary line between the subject property (APN 420-031-030) and the adjacent parcel (APN 420-031-036). To have the resultant duplex on one legal lot, Condition of Approval #6 requires a Lot Line Adjustment to be approved and recorded prior the submittal of a building permit.
Due to the R-B District permitting the uses allowed in two family districts, the project is also subject the off-street parking space requirements of the County Code Section 84-22.1202, Off-street parking - Space Requirements, which requires each dwelling unit to have covered automobile storage for at least two automobiles on the same parcel. The proposed duplex will require four covered off-street parking spaces to comply with this requirement; however, no off-street parking spaces are proposed. Thus, a Variance to the off-street parking space requirements is required for this project. The location of the existing commercial building on the property constraints parking options on the subject property. In combination with the prior history of development on the parcel and adjacent parcel, and the availability of on-street parking and public transit in the vicinity, findings can be made to support the Variance.
VIII. CONCLUSION
The conversion of the existing commercial building into a duplex is consistent with the RMH Residential Medium Density General Plan land use designation, the Policies, Goals and Actions of the Land Use Element and the Health and Safety Element, and complies with applicable development standards for the R-B District, with approval of a Variance for zero off-street parking spaces (where four are required). Furthermore, as conditioned, approval and recordation of the Lot Line Adjustment prior the submittal of a building permit is required. Staff recommends approval of Development Plan CDDP20-03031, based on the attached findings and subject to the attached conditions of approval.