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Project Title: |
Variance and Kensington Design Review for Deck |
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County File: |
CDVR25-01041 |
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Applicant: Owner: |
Jamie Groetsch, The Architects Office Stephen C Lowry Tre |
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Zoning: |
R-6 Single-Family Residential District (R-6), Tree Obstruction of Views Combining District (-TOV), Kensington Combining District (-K) |
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General Plan: |
Residential Medium Density (RM) |
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Site Address/Location |
242 Yale Avenue, Kensington, CA 94708 / APN: 570-071-005 |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15301(e) |
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Project Planner: |
Chloe Partain, Planner I - phone: (925) 655-2857 and email: chloe.partain@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of (1) a Development Plan with a Kensington Design Review to allow the construction of a new, approximately 135-square-foot uncovered deck extending from the rear of the second floor of an existing single-family residence with a gross floor area of 2,693 square feet, where the maximum gross floor area is 2,000 square feet and (2) a Variance Permit to allow a 9’-11” secondary frontage setback (where 15’ is the minimum) for the construction of a new, uncovered deck that meets the requirements of Section 26-2.2006 of the County Ordinance Code.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
1. OPEN the public hearing for the Variance and Kensington Design Review (County File #CDVR25-01041), ACCEPT public testimony, and CLOSE the public hearing;
2. DETERMINE that the project is categorically exempt from CEQA;
3. APPROVE County File #CDVR25-01041 based on the attached Findings and Conditions of Approval; and
4. DIRECT staff to file a Notice of Exemption.
III. BACKGROUND
The application was submitted as a Variance application on August 26, 2025. The development results in a gross floor area that exceeds the threshold standard set forth in Section 84-74.802 of the County Zoning Ordinance. Therefore, a public hearing is required in accordance with Section 84-74.1006 of the County Zoning Ordinance.
IV. GENERAL INFORMATION
A. General Plan - The subject property is located within a Residential Medium Density (RM) General Plan land Use designation.
B. Zoning District - The subject property is located within the R-6 Single-Family Residential District (R-6), the Tree Obstruction of Views Combining District (-TOV), and the Kensington Combining District (-K).
C. California Environmental Quality Act (CEQA) - The proposed project is exempt under CEQA Guidelines Section 15301(e) - Existing Facilities, additions to existing structures provided that the addition will not result in an increase of more than “50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less.” The project is to construct a new, approximately 135-square-foot uncovered deck extending from the rear of the second story of the existing single-family residence.
D. Lot Creation: The subject property was created as Lot 16 of Yale Avenue of Berkeley Highlands, which was approved on April 19, 1912.
V. SITE/AREA DESCRIPTION
The subject site is a 4,000-square-foot parcel located within a single-family residential neighborhood in the Kensington area, at an elevation of approximately 580 feet. The subject property is on the western side of Yale Avenue. Properties along the western side of Yale Avenue are at a lower elevation compared to residences on the opposite side of the street. Based on County records, the existing single-family residence was built in 1936. The total existing gross floor area is 2,693 square feet.
Parcels in the area are typically around 4,000 square feet and have minimum side yards between residences on adjoining parcels. Views exist to the west and homes in the vicinity take advantage of the elevation and hilly terrain in constructing western-facing improvements offering expansive views.
Generally, the surrounding area consists of one-story, two-story, and some three-story houses. These homes range from 1,000 square feet to 2,800 square feet in total living area. Architectural styles in the neighborhood are diverse, including Craftsman, Minimal Traditional, and Shingle.
VI. PROJECT DESCRIPTION
The applicant requests approval of (1) a Development Plan with a Kensington Design Review to allow the construction of a new, approximately 135-square-foot uncovered deck extending from the rear of the second floor of an existing single-family residence with a gross floor area of 2,693 square feet, where the maximum gross floor area is 2,000 square feet and (2) a Variance Permit to allow a 9’-11” secondary frontage setback (where 15’ is the minimum) for the construction of a new, uncovered deck that meets the requirements of Section 26-2.2006 of the County Ordinance Code.
The existing residence is 2,693 square feet and the proposed project will increase the gross floor area by 135 feet for the covered area underneath the proposed deck. The total gross floor area will be 2,828 square feet, which is over the maximum threshold of 2,000 square feet.
VII. AGENCY COMMENTS
A. Kensington Municipal Advisory Council (KMAC): The KMAC voted 6-0 to recommend approval of the project at their September 24, 2025, meeting.
B. East Bay Municipal Utility District (EBMUD): In an email received on August 27, 2025, EBMUD staff stated that EBMUD has no comments on the proposed development.
No comments were received from the following agencies: Conservation and Development Building Inspection Division, Kensington Fire Protection District, Stege Sanitary District, City of El Cerrito, and Contra Costa Mosquito and Vector Control District.
VIII. STAFF ANALYSIS AND DISCUSSION
A. Consistency with General Plan: The subject property is located within a Residential Medium Density General Plan Land Use designation. The RM designation allows for a residential density between 7 to 17 dwelling units per acre. The subject property is a 4,000-square-foot legal lot with an existing residence built in 1936.
The project includes the construction of a deck to the existing single-family residence, which is consistent with the land use designation.
The “Stronger Communities” Element of the 2045 Contra Costa General Plan includes 14 policies specifically for the Kensington community. Many of these policies deal with development of vacant lots, larger-scale development projects, infrastructure, or commercial development. Three in particular are relevant for this project.
Policy #3: Ensure new development provides reasonable protection for existing residences regarding views, design compatibility (including building mass, height, and mechanical devices), adequate parking, privacy, and access to sunlight.
Analysis: This policy aligns closely with the requirements of the Kensington Combining District ordinance, which requires findings regarding views, design compatibility, adequate parking, privacy, and access to sunlight to be made for projects that exceed thresholds for gross floor area as specified in the ordinance. The existing residence has 2,693 square feet in gross floor area, and the project will add 135 square feet in gross floor area, resulting in a total of 2,828 square feet in gross floor area. Therefore, this project exceeds the threshold of 2,000 square feet in gross floor area for lots that are 4,000 square feet in size.
Finding #3 of the Kensington Combining District Findings for this project addresses the minimization of impacts upon surrounding neighbors.
• Views: The new deck at the rear of the existing residence on the subject property is minimal in size and height as it is only 135-square-feet in size and 11-feet 5-inches in height. Due to its location, it does not obstruct the existing view from adjacent neighbor properties.
• Design Compatibility: The uncovered deck is at a lower height than that of the existing roof line. Numerous properties in the area have western facing decks that take advantage of the views provided by the hilly terrain. Therefore, the project is compatible with the neighborhood with regard to bulk and scale.
• Adequate Parking: The existing two-car garage provides the minimum required off-street parking spaces serving this existing residence. This project does not displace the existing parking nor does it necessitate the addition or inclusion or additional off-street parking spaces. Therefore, there is no impact on parking in the area.
• Privacy: The project is also not expected to have any significant impact on privacy as the uncovered deck is at a lower height than existing conditioned space within the existing residence.
• Access to Sunlight: The project will have minimal impact on light and solar access because the new, approximately 135-square-foot deck is uncovered and relatively small in size. Furthermore, the deck does not increase or exceed the height of the existing residence. Therefore, the deck is not expected to block light and solar access to adjacent properties.
Policy #4: When reviewing new development proposals, ensure views of scenic natural features (e.g. San Francisco Bay, distant mountains) and the developed environment (e.g. bridges, San Francisco skyline) are substantially preserved.
Analysis: This policy aligns closely with the requirements of the Kensington Combining District ordinance, which requires findings regarding views to be made for projects that exceed thresholds for gross floor area as specified in the ordinance. The existing residence has 2,693 square feet in gross floor area, and the project will add 135 square feet in gross floor area, resulting in a total of 2,828 square feet in gross floor area. Therefore, this project exceeds the threshold of 2,000 square feet in gross floor area for lots that are 4,000 square feet in size.
Finding #3 and #4 of the Kensington Combining District Findings for this project addresses the minimization of impacts upon surrounding neighbors.
• The existing views from the properties adjacent to the north and west are of houses on Amherst Avenue and of the San Francisco Bay. The new deck at the rear of the existing residence on the subject property is minimal in size and height. Due to its location, it does not obstruct the existing view from adjacent neighbor properties.
Finding #4 of the Kensington Combining District Findings for this project addresses protection of the value and enjoyment of the neighbors’ property.
• The project does not obstruct any views, predominantly of the San Francisco Bay, from surrounding vantage points. Additionally, it does not substantially decrease access to sunlight for any surrounding properties, due to its siting and being located 8’-0” above ground level. Therefore, the project is expected to preserve the value and enjoyment of neighboring properties.
Policy #5: For new developments, encourage building scale, massing, architectural style, and materials to provide harmonious scale transitions and blend with the surrounding existing residential neighborhood.
Analysis: This policy aligns closely with the requirements of the Kensington Combining District ordinance, which requires findings regarding views to be made for projects that exceed thresholds for gross floor area as specified in the ordinance. This project exceeds the threshold of 2,000 square feet in gross floor area for lots that are 4,000 square feet in size.
Finding #3 of the Kensington Combining District Findings for this project addresses the minimization of impacts upon surrounding neighbors.
• The enjoyment of outdoor decks is consistent and compatible with the surrounding area and with residential development in general.
• The uncovered deck is at a lower height than that of the existing roof line. Numerous properties in the area have western facing decks that take advantage of the views provided by the hilly terrain. Therefore, the project is compatible with the neighborhood with regard to bulk and scale.
The purpose of this chapter is to provide specific regulations to fairly and efficiently implement Contra Costa General Plan policies for the Kensington area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts on surrounding properties.
B. Consistency with Zoning: The subject property is located within the R-6 Single-Family Residential District (R-6), the -TOV Tree Obstruction of Views Combining District (-TOV), and the -K Kensington Combining District (-K).
The R-6 District allows a single-family dwelling unit and the accessory structures and uses normally auxiliary to it. The project consists of exterior improvements to an existing residence and would remain consistent with the R-6 standards. The proposed deck has a height of 11-feet 5-inches. The entirety of the proposed structure, including the safety railing, will be at a lower elevation relative to the existing roof peak. Therefore, the project does not increase the existing building height of 22-feet 9-inches, where 35 feet is the maximum. All portions of the proposed deck meet the minimum 5-foot side yard setbacks and the 20-foot minimum front yard setback. Therefore, the proposed project will substantially conform to the R-6 Single-Family Residential District standards.
The Tree Obstruction of Views Combining District (-TOV) Ordinance is not applicable to this project as the development does not include alteration, addition, or removal of any trees.
The Kensington Combining District (-K) Ordinance, which regulates development standards in the Kensington area, triggers a hearing requirement if proposed development exceeds the threshold standard of 2,000 square of gross floor area for a lot of 4,000 square feet in area. The gross floor area (GFA) for the existing development on site is 2,693 square feet. The proposed uncovered deck does not count towards the “gross floor area”, as defined by County Ordinance Section 84-74.404(h). However, the 135-square-foot area below the deck is counted based on the aforementioned ordinance, thus increasing the GFA to 2,828 square feet. The intent of the hearing requirement is to ensure that development in the Kensington area will promote the community’s values of preservation of views, light, and solar access, privacy, parking, residential noise levels, and compatibility with the neighborhood in regard to height, bulk and size. As discussed further in the attached “Findings and Conditions of Approval,” the project is consistent with these community values and satisfies all standards of consideration as found in the Kensington Combining District (-K) Ordinance.
Since improvements are typically oriented to the west, the introduction of a new structure into the built environment could potentially affect the views of properties to the east of the subject property. Numerous adjacent neighbors enjoy existing views across the subject property towards the San Francisco Bay and beyond. Due to the low elevation of the proposed deck relative to those higher properties on the eastern side of Yale Avenue, the project would not introduce a new substantial building mass within the line of the sight of any existing view. Given the change in elevation, the proposed deck is more likely to obstruct views of the surrounding built environment which are not considered a “view” as defined in County Ordinance Section 84-74.404(r). The existing building mass would also screen the uncovered deck when viewed from easterly vantage points.
The proposed deck is oriented towards the secondary frontage and not directly adjacent to an adjoining residence or to improvements on adjoining parcels. Although routine development can result in adverse effects on light, solar access, and privacy in neighborhoods with narrow lots and minimal side yards, this will not be the case here because the entirety of the deck is lower in elevation relative to the living space on adjoining parcels and is proposed at a height below that of the existing residence. The deck is not expected to have a significant impact on privacy due to the fact that it is not adjacent to existing living space on an adjoining parcel and the topography and landscaping obstruct direct line of sight of the project.
C. Appropriateness of Use: The project is to construct improvements for an existing residence. The proposed deck does not change the established residential use of the existing single-family residence on the property. Since this portion of the County has been developed with residential uses since 1942, the addition of a deck is appropriate at this location.
VIII. CONCLUSION
The proposed development is consistent with the RM General Plan Land Use designation and substantially complies with the intent and purpose of the R-6 Zoning District, the -TOV Tree Obstruction of Views Combining District, and the -K Kensington Combining District. Therefore, as proposed, the subject improvements to an existing residence are an appropriate use for the subject site and its characteristics. Staff recommends that the Zoning Administrator approve County File #CDVR25-01041 based on the attached findings and conditions of approval.
Attachments:
1. Findings and Conditions of Approval
2. Maps - Parcel Maps, Aerial Map, Zoning Map, General Plan Map
3. Agency Comments
4. Project Plans