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Project Title: |
Kids Corner Childcare Land Use Permit Modification |
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County File: |
CDLP25-02006 |
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Applicant/Owner: |
Tom Linn Drafting and Design (Applicant) / Varma LLC (Owner) |
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Zoning/General Plan: |
R-7 Single-Family Residential District / RLM Residential Low-Medium Density |
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Site Address/Location: |
716 Appian Way, in the El Sobrante area of unincorporated Contra Costa County (APN: 430-181-006) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15301(e), additions to existing facilities |
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Project Planner: |
Adrian Veliz, Senior Planner, (925) 655-2879 |
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adrian.veliz@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for full recommendation) |
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I. PROJECT SUMMARY
The applicant is requesting a Land Use Permit modification amending Land Use Permit #CDLP91-02036 for the purpose of permitting the addition of a 960-square-foot modular building to an existing childcare facility on the subject property. The existing facility provides care for children ages 2-6 years old within two existing buildings totaling 4,060 square feet in area. The proposed 960-square-foot modular building would be utilized to provide care for up to 12 additional infant-aged children. The project also includes a request for tree permit approval authorizing dripline encroachment for one (1) eucalyptus tree for site improvements associated with the modular building. The project includes requests to legalize existing unpermitted structures, including 5-foot-tall retaining wall which and a 1,080-square-foot shade structure located adjacent to the existing childcare facility. Lastly, the project includes landscaping improvements along the property’s Appian Way frontage.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
1. OPEN the public hearing for the Land Use Permit modification for Kids Corner Childcare (County File #CDLP25-02006), ACCEPT public testimony, and CLOSE the public hearing;
2. DETERMINE that the project is categorically exempt from CEQA;
3. APPROVE County File #CDLP25-02006, based on the attached Findings and Conditions of Approval; and
4. DIRECT staff to file a Notice of Exemption.
III. GENERAL INFORMATION
A. General Plan: RLM Residential Low-Medium Density Designation
B. Zoning: R-7 Single-Family Residential District.
C. Environmental Review: The project is categorically exempt from CEQA review pursuant to CEQA guidelines section 15301(e), which specifies that additions to existing facilities not exceeding 50% of the floor area of the existing facility, or 10,000 square feet (whichever is smaller) are exempt from environmental review. The project includes the addition of a 960-square-foot modular classroom to an existing childcare facility on site having a total gross floor area of 4,060 square feet. The project would increase the gross floor area of the facility to 5,120 square feet, or by 23.6%. Therefore, the project qualifies for the specified exemption.
D. Lot Creation: The subject property is located on a legal lot, consisting of a 1.18-acre portion of Lot #241, as shown on the map titled El Sobrante Manor Unit No. 3. The project site includes a rectangular southerly portion of Lot #241 having a 150-foot-wide frontage along Appian Way.
E. Previous Applications:
1. CDLP94-02009: A Land Use Permit modification seeking to amend previously approved (CDLP91-02036) to authorize the addition of a modular classroom to the existing childcare facility, and to increase the maximum facility occupancy from 50 to 65 children. The Zoning Administrator approved the Land Use Permit modification on July 25, 1994.
2. CDLP91-02036: A Land Use Permit application seeking to establish a child care facility within an existing church. On August 19, 1991, the Zoning Administrator approved the land use permit, authorizing a childcare facility with a maximum occupancy of 50 children.
3. 424-57: A land use permit application seeking approval to establish a church on the subject property. The applicant had previously received approval to establish a church under County File #606-54, an entitlement that expired prior to establishment of the approved land use. On September 17, 1957, the Board of Adjustment approved the land use permit for the establishment of a church on site. The permittee subsequently pulled a building permit for the construction of the church building (Permit #49776 - issued October 6, 1958), thus exercising the land use permit entitlement.
4. 606-54: A Land Use Permit application seeking approval to establish a church site on the subject property. The application was approved by the Board of Adjustment on February 2, 1955.
IV. SITE/AREA DESCRIPTION
The subject property is a + 1.18-acre parcel bounded by Appian Way to the west. The subject property is rectangular in shape and has a width of approximately 150 feet along its’ Appian Way frontage. The project site has a consistent east/west slope with an approximately 40-foot difference in elevation between its’ lowest points adjacent to Appian Way and that of the highest site elevations adjacent to the eastern property line. The site has been previously improved with two existing buildings having a combined area of approximately 4,060 square feet. The existing Kids Corner childcare facility on site occupies the entirety of both existing buildings. A fifteen-foot-wide driveway provides vehicular access to the site from Appian Way, extending east to an off-street parking area located to the rear (east) of the existing buildings. A large shade structure (+60’ x 18’) exists in the area between the two-existing buildings, which was not depicted on the site plans approved with prior entitlements for the existing facility. Therefore, this patio cover is depicted on the project site plan as “new”. If the project is approved, the permittee will be required to obtain building permits for the as-built structure.
The subject property and immediate vicinity are located on land zoned for single-family residential land uses (R-6 and/or R-7 zoning). Adjoining parcels in all directions have been previously developed within single-family residences.
V. PROJECT DESCRIPTION
The applicant is requesting a Land Use Permit modification amending Land Use Permit #CDLP91-02026 for the purpose of permitting the addition of a 960-square-foot modular building to an existing childcare facility on the subject property. The existing facility provides care for children ages 2-6 years old within two existing buildings totaling 4,060 square feet in area. The project does not propose an increase to the permitted capacity of 65 children. The proposed 960-square-foot modular building would be utilized to provide care for up to 12 additional infant-aged children. The project is presently permitted for a maximum capacity of up to 65 children, however, the current enrollment of 44 children is well below this permitted capacity and the applicant is not proposing an increase in the overall capacity in connection with this application. Consequently, including care provided to up to 12-infants, the project would not cause the facility to exceed it’s maximum capacity, as specified by Condition of Approval #2 of the previously granted entitlement (CDLP94-02009).
The project also includes a request for tree permit approval authorizing dripline encroachment for one eucalyptus tree, one of many mature Eucalyptus trees lining the side property line, for the installation of improvements associated with the modular building. Lastly, the project includes a request to legalize an existing 1,080-square-foot shade structure located adjacent to the existing childcare facility and to rehabilitate existing landscape improvements along the property’s Appian Way frontage.
The 960-square-foot modular building, as well as a five-foot-tall retaining wall, approximately 100 linear feet in length, have previously been installed on the project site without permits. These unpermitted improvements are the subject of an active code enforcement case (County File #CECF24-01048). Additionally, a 1,080-square-foot shade structure exists adjacent to the existing childcare facility buildings which was not included on the site plan for the previously approved facility. Therefore, the existing shade structure is shown on the site plan as “proposed”. If the proposed land use permit modification is approved, the project will be conditioned to require the permittee to obtain building permits for the unpermitted structures prior to occupancy of the new modular building.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on February 12, 2025 to a number of public agencies, including Building Inspection Division, Grading Inspection Division, Environmental Health Division of the Health Services Department, Contra Costa Fire Protection District, West County Wastewater District, East Bay Municipal Utility District, the City of Richmond, the El Sobrante Municipal Advisory Council, and Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received.
A. West County Wastewater District (WCWD): In a letter dated March 3, 2025, WCWD staff advise that the provision of wastewater service to the project will be subject to the district review of the proposed site plan. See the attached agency comment form for additional details on the district’s comments.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant must comply with the West County Wastewater District’s requirements.
B. East Bay Municipal Utility District (EBMUD): In a memo dated March 12, 2025, EBMUD staff advise that separate structures on the same property require separate meters. The district staff further advise that the project sponsor should contact the New Business Office to request a cost estimate for providing additional water service to the development and specify additional applicable water efficiency regulations. See the attached memo for additional details on the district’s comments.
C. Contra Costa County Fire Protection District (CCCFPD): In a returned Agency Comment Request form dated March 12, 2025, CCCFPD staff advised that the district has no comments on the proposed project.
D. El Sobrante Municipal Advisory Council (MAC): In an email dated March 12, 2025, El Sobrante MAC chair advised that, upon discussing the project during the monthly MAC meeting held on March 12, 2025, the MAC is supportive of the project and emphasized the need for landscaping/beautification on the property. See the attached email for additional details on the MAC comments.
VII. ENVIRONMENTAL REVIEW
The project includes the addition of a 960-square-foot modular classroom to an existing childcare facility on site having a total gross floor area of 4,060 square feet. The project is categorically exempt from CEQA review pursuant to CEQA guidelines section 15301(e), which specifies that additions to existing facilities not exceeding 50% of the floor area of the existing facility, or 10,000 square feet (whichever is smaller) are exempt from environmental review. The project would expand the gross floor area of the existing facility by 960 square feet (or 23.6 %). Therefore, the project qualifies for the specified exemption.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The project consists of an expansion of an established childcare facility via that addition of a 960-square-foot modular building. The new 960-square-foot modular building would be utilized to provide child care for up to twelve (12) infant-aged children on site, in addition to older age groups presently served by the existing facility. The project site is located within a residential low-medium density (RLM) General Plan land use designation. Development within the RLM designation typically includes detached single-family residential units but may also be consistent with limited nonresidential uses that serve and support nearby homes. The provision of childcare is of service and support to nearby homes occupied by working parents. The project would expand the services provided at an existing childcare facility to include infant care. However, there is no proposed increase to the approved capacity of 65 children. Currently, the childcare facility has an enrollment of 44 children. The proposal to provide care for up to 12 infants would increase enrollment to 56, which remains consistent with the previously-permitted approval. Thus, the project would expand childcare services available to nearby residents without substantially changing to the nature or character of the long-established land use. Overall, the project is consistent with the RLM designation.
The General Plan Stronger Communities Element also contains 13 additional policies for the El Sobrante area. These policies predominantly pertain to development within areas of El Sobrante designated for mixed use, improving the pedestrian/bicycle environment, and increasing access to neighborhood parks and recreation areas. The project does not conflict with any of the policies for the El Sobrante area. Additionally, the stronger communities element includes guiding principles including, amongst others, that growth and economic development in El Sobrante should conserve and strengthen established neighborhoods and aspire to meet local needs within a complete community. The project is consistent with this guiding principle as it involves the expansion of an existing childcare center to allow it to provide new childcare options within the community. Lastly the project is consistent with the below Policy #SC-P8.5 which specifically encourages this land use:
Policy #SC-P8.25: Encourage more daycares, preschools, and early childhood development centers to make childcare more accessible and affordable for working families.
Therefore, based on the above, the project is consistent with the permitted land uses within the subject property’s RLM land use designation, and with applicable general plan policies.
B. Zoning Compliance: The project site is within a R-7 Single Family Residential Zoning District. Permitted land uses within the R-7 district are consistent with those permitted within the R-6 district, as enumerated in sections 88-4.402 and 88-4.404 of the County Ordinance Code. A Child Care Center is permissible within the R-7 district upon the issuance of a land use permit, pursuant to section 88-4.404(9) of said code. Since the project does not propose to increase the overall maximum permitted occupancy of facility (previously approved for up to 65 children), the project would not substantially alter the nature or character of the existing childcare facility on site, for which the County has previously granted Land Use Permit entitlements. Additionally, the proposed modular building, and all other structures shown on the site plan exceed all setback, side yards, and rear yard standards for the R-7 zoning district. Additionally, the proposed modular building and patio cover elements of the project have a maximum height of 11 feet, which complies with the height limitations for development in the R-7 district (35 feet maximum). Based on the above, the project is consistent with permitted uses and development standards for the R-7 zoning district.
Tree Protection Ordinance
The project includes a request for permits for an as-built retaining wall and open stairway improvements, and connection of the building to the water line serving the existing buildings on site. These improvements require a tree permit pursuant to Chapter 816 (Tree Protection and Preservation) of the County Ordinance, to authorize dripline encroachment for one mature eucalyptus tree, one of several mature Eucalyptus tree lining the southern side property line. The project will encroach within the dripline of one Eucalyptus tree to extend a water line to the building from an existing service line running parallel to the southern property line. The project does not require any tree removal and only a small portion of the work would occur beneath the dripline of the eucalyptus tree. Given the site topography and the location of existing improvements relative to the numerous mature trees on or site, the project site lacks alternative areas where the project could be relocated to avoid code protected trees. Given the minor tree impacts associated with the project, staff considers the tree permit to request to be reasonable and consistent with the County’s tree protection ordinance.
Off Street Parking
The proposed project would expand the gross floor area of the childcare facility from 4,060 square feet to 5,020 square feet in area. Section 82-16.406(a)(5) of the County Ordinance code specifies that the facility must provide one space per 250 square feet of floor area. Thus, the project will be required to provide a minimum of 20 off-street parking spaces as a result of the proposed floor area expansion.
The most recently approved entitlement for this facility (County File #CDLP94-02009), approved by the County Zoning Administrator included 20 off-street parking spaces in an easterly area of the project site. Thus, the existing parking area is adequately sized to accommodate the off-street parking requirement for the expanded facility. However, the current plan depicts a different configuration within this parking area, showing a total of 22 off-street parking spaces (ten 8’ x 20’ spaces and twelve 8’ by 18’ spaces) separated by a 25’ wide drive aisle. Based on the 90 degree parking angle shown on the site plan, the minimum dimensions for such parking stalls is 8’6” x 18’, and the minimum drive aisle width is 25’. Therefore, the project is conditioned to require the applicant to restripe the off-street parking area such that a minimum of 20 off-street spaces meeting the minimum dimensional requirements are provided. As conditioned, the project’s off-street parking plan will be consistent with the minimum off-street parking space/dimension requirements as well as with the County Zoning Administrators’ prior approvals.
Sign Ordinance
Chapter 88-6 (Signs) of the County Ordinance regulates signage and outdoor advertising in unincorporated areas of Contra Costa County. An existing sign identifying the childcare facility is located along the property’s Appian Way frontage. The project does not propose any new signage as part of the proposed Land Use Permit modification. In the event that new signage is proposed for the facility at a future date, it will be subject to administrative review of a sign permit. Staff notes that certain signage prohibited pursuant to Chapter 88-6 of the County Ordinance Code has been utilized on this property in the past. Therefore, the project is conditioned to specify that the signage types enumerated under Section 88-6.416 shall be prohibited from use on site - including but not limited to any signage attached to a fence or constructed of cloth or other flexible material (except for flags attached to a flag pole). As conditioned, the project is consistent with the County’s Sign Ordinance.
Model Water Efficient Landscape Ordinance (MWELO)
The project site is required to maintain a minimum four-foot-wide landscape buffer along the subject property’s Appian Way frontage, as condition of approval #3 for Land Use Permit #CDLP91-02036, the entitlement which originally established the existing facility at this location. Presently, the existing landscaping along the property frontage does not contain the trees, shrubs, and groundcover specified by this condition, which was intended to improve site aesthetics. The project site plan includes the installation of tree and ground cover plantings over this approximately 540-square-foot area consistent with the conditions of prior entitlements. Since the area of rehabilitated landscaping does not exceed 2,500 square feet, the project is considered exempt from MWELO compliance review. The project is conditioned to require photographic evidence of the installed landscaping be provided to CDD staff prior to CDD staff approval of construction plans for the issuance of building permits.
C. Appropriateness of the Use: The project site is located within an R-7 single-family residential zoning district. The adjoining lands in all directions are also within single-family residential districts (R-6 or R-7) and have been predominantly developed with detached single-family residential homes. Childcare centers are considered consistent with the surrounding residential neighborhood and are conditionally permitted within residential districts in unincorporated Contra Costa County. Considering that this land use type has been long-established at this location, and the fact that the proposed modification would not substantively modify the established use, the project is not expected to conflict with the surrounding residential neighborhood. Additionally, the provision of quality childcare service for a variety of age groups will be of benefit to families in the surrounding residential neighborhood. Therefore, the project is appropriate for the site given its consistency with the surrounding residential areas as well as consistency with previous entitlements granted for the facility.
D. Drainage: The overall topography slopes from easterly portions of the site where elevations are highest downward towards the lowest site elevations along the western property boundary, along the property’s Appian Way frontage. The project would marginally increase the size of the existing facility by adding an additional 960 square-feet of impervious area. Therefore, the project would not significantly effect the existing site drainage, and does not require the preparation of a preliminary stormwater control plan. The projects compliance with applicable building drainage requirements will be verified as part of the plan check process.
E. Traffic and Circulation: Vehicular access to the site exists via an existing driveway off of Appian Way. The driveway extends from the public right of way, across the subject property to an existing off-street parking area east of the existing child care facility. The existing off-street parking area provides the minimum required 25’ aisle width in order to allow maneuvering of vehicles for ingress/egress to the site. The project does not propose any changes to the existing traffic and circulation improvements on site.
IX. CONCLUSION
The proposed childcare facility expansion is consistent with the RLM Residential Low-Medium Density General Plan Land Use designation and with the R-7 Single Family Residential Zoning District in which the project is located. The proposed facility is consistent with prior entitlements granted for the same land use on this property and will not conflict with the residential use of surrounding lands. Therefore, staff recommends that the Zoning Administrator approve Land Use Permit CDLP25-02006 to authorize the 960-square-foot expansion of the existing childcare facility based on the attached findings and subject to the attached conditions of approval.
Attachments:
• CDLP25-02006 Findings/Conditions of Approval
• Maps/Plans
• Agency Comments