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Project Title: |
Variances & Design Review for New Single-Family Residence |
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County File(s): |
CDVR22-01062 |
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Applicants & Owners |
Ryan Bosworth & Tommy Tran |
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Zoning General Plan: |
R-6 Single-Family Residential District (R-6) Single-Family Residential-High Density (SH) |
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Site Address/Location: |
58 Canyon Lake Drive, Port Costa (APN: 368-145-024) |
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California Environmental Quality Act (CEQA) Status: |
Categorically Exempt: CEQA Guidelines, Sections 15303(a) and 15303(e), regarding new construction of small structures including one single-family residence in a residential zone and accessory structures |
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Project Planner: |
Syd Sotoodeh, Senior Planner (925) 655-2877 or syd.sotoodeh@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
CONTINUED PUBLIC HEARING FROM APRIL 17, 2023
I. PROJECT SUMMARY
The applicant requests approval of variances to allow a 3-foot side yard (where 5 feet is required) and an 8-foot side yard aggregate (where 15 feet is required) to allow the construction of a new, 2-1/2 story, 3,187 square-foot single-family residence with a 427-square-foot garage, a variance to allow one of two off-street parking spaces to be 9 feet by 16 feet (where 9 feet by 19 feet is required), and a 0-foot side yard (where 3 feet is required) for the construction of a new deck. The project also includes a small lot design review to allow the construction of the proposed improvements on a substandard lot.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. FIND that the Project is exempt from the California Environmental Quality Act (CEQA) under Sections 15303(a) and 15303(e) (New Construction or Conversion of Small Structures) of the CEQA Guidelines.
B. APPROVE the Project (County File #CDVR22-01062).
C. APPROVE the findings in support of the Project.
D. APPROVE the Project conditions of approval.
E. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk.
III. BACKGROUND
On November 2, 2022, the applicant submitted an application requesting approval of a Variance Permit to allow a 1-foot, 10-inch side yard along the western property boundary (where 5 feet is required) and a 10-foot, 7-inch side yard aggregate (where 15 feet is required) for the construction of a new, two-story, 1,781 square-foot single-family residence and a new wooden deck, and a small lot design review for the proposed improvements including a wading pool on a lot that is substandard in area and average width.
On April 17, 2023, the Zoning Administrator opened the public hearing and received testimony from the applicant, Ryan Bosworth, and Ryan DeGooyer and Chris Palacio, both neighbors at 54 Canyon Lake Drive. Ms. DeGooyer and Mr. Palacio primarily raised concerns about the 100-plus-year-old drainage culvert that traverses the subject property as it relates to the location of the proposed residence. Both neighbors indicated their concern that the applicant had not accurately mapped the size or location of the culvert and that building the home as designed would potentially compromise the culvert and the safety of the neighborhood. Ms. DeGooyer mentioned discrepancies between the project drawings and an inspection report provided by the applicant on the actual size of the culvert. Mr. Palacio indicated his concerns that grading work using heavy equipment on the project site may have affected the condition and integrity of the culvert walls. Both neighbors requested that the applicant be required to dig up, inspect, and accurately locate the culvert in four corners near the culvert. In his response to the neighbor’s comments, Ryan Bosworth (applicant) pointed out that the culvert had been mentioned as a concern during multiple hearings for the previous application (CDVR19-01051) and that, as required by a condition of approval of the previous application, the culvert had been mapped using a pothole method at a location that would be nearest to the new foundation of the new home.
After accepting testimony and discussing the matter with the interested parties, the Zoning Administrator requested that the matter be continued as an open hearing to an unspecified date to allow the applicant time to assess the precise measurements of the culvert and to work with County Public Works to confirm that the drainage easement is properly sized before redesigning the new home so that it complies with zoning regulations. The Zoning Administrator stated that the location of the proposed home should have a minimum 3-foot side yard and a minimum 8-foot aggregate side yard as would be allowed if the property qualified for “sliding scale” side yards (County Code section 82-14.004) and also one off-street parking space located outside of the setbacks as required in the R-6 zoning district for the subject property.
In response to the Zoning Administrator’s comments made at the April 17, 2023, hearing, the applicant submitted revised drawings on March 12, 2026, requesting revised variances for a 3-foot side yard on the western side of the property (where 5 feet is required) and an 8-foot side yard aggregate (where 15 feet is required) for the construction of a new single-family residence, a variance to allow a 0-foot side yard on the eastern side of the residence (where 3 feet is required for an accessory structure) for the construction of a new deck, and a variance to allow one of the two off-street parking spaces in the garage to be 9 feet by 16 feet (where 9 feet by 19 feet is required). The proposed 2-1/2-story residence would have 2,903 square feet of living area, 284 square feet of covered porch and balcony area, and a 427-square-foot attached garage. The height of the residence would extend to 34 feet, 3-1/8 inches. In addition to windows, three skylights are proposed to provide more interior light to the home. The design of the home substantially maintains a similar lot coverage to the residential additions previously approved under County File CDVR19-01051. The revised drawings also show the size of the culvert as 5 feet wide within an 11-foot easement. Staff of the County Public Works, Engineering Services Division, reviewed the revised plans submitted on March 12, 2026, and provided an updated staff report with revised, recommended conditions of approval (Attachment C). CDD staff revised the variance and small lot design review findings and updated the recommended conditions of approval (Attachment A) based on the revised plans.