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Project Title: |
Land Use Permit for a Restaurant with a Drive-Thru at Existing Commercial Building |
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County File: |
CDLP25-02045 |
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Applicant/Owner: |
Bruce Lyon, Diamond Engineering Services (Applicant) / Ahmed Ali Kaid Abdullah (Owner) |
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Zoning/General Plan: |
Bay Point Planned Unit District, P-1/ MUC Mixed-Use Community-Specific |
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Site Address/Location: |
3215 Willow Pass Road in the Bay Point area of unincorporated Contra Costa County (Assessor’s Parcel Number 093-193-028) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 1: CEQA Guidelines Section 15301(a), Existing Facility |
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Project Planner: |
Dulce Reckmeyer-Walton, Project Planner; (925) 655-2854 |
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Dulce.reckmeyer-walton@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 requests approval of a Land Use Permit to establish a restaurant, including take-out food with a drive-thru window, within an existing 1,175-square-foot commercial building, previously used as a drive-up convenience market. The project also includes a deviation to the P-1 Bay Point Development Standards for a 5 ft. 4 in. side yard setback (where 10 ft. is required) for a new trash enclosure and to update the existing parking lot. The project also includes the installation of 1,261 square feet of landscaping around the perimeter of the property.
II. RECOMMENDATION
The 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 15301 (a) of the CEQA Guidelines.
B. APPROVE Land Use Permit CDLP25-02045 for a restaurant with a drive-thru at an existing commercial building, 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: MUC, Mixed-Used Community-Specific
B. Zoning: Bay Point Planned Unit District, P-1
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines, Section 15301(a), Existing Facility, Class 1 exemption for interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.
D. Previous Applications:
1. CDBP14-00002: This Bay Point Administrative permit to establish the operation of a drive-up convenience market and to allow the construction of an addition with a deviation to allow a 5.7-foot side yard, where 10 feet is required, was approved by the Zoning Administrator on December 3, 2015.
2. CDUV19-00259: A Property Use Verification permit for a new tenant at existing commercial space for “Pronto Mini-Market” was approved on November 20, 2019.
3. #269-70: A Land Use permit to add gasoline pumps to an existing drive-in milk depot for Dutch Pride Dairy, was approved by the County Planning Department on November 29, 1970.
4. #245-62: A Land Use permit to establish a drive-in milk depot was approved by the County Planning Department on June 20, 1962.
IV. SITE/ AREA DESCRIPTION
The project site is located at 3215 Willow Pass Road in Bay Point with a lot size of 0.25 acres. A commercial building built in 1963 as a drive-in milk depot is located close to Willow Pass Road, and it is currently vacant. The lot features a small landscape area fronting Alves Lane with a paved parking lot. The lot fronts two main roads, Willow Pass Road and Alves Lane. The property is accessed through Alves Lane and Willow Pass Road. There is a free-standing sign on the lot that is on the corner, where Willow Pass Road and Alves Lane intersect. The Willow Pass Road commercial corridor includes a number of restaurants and other businesses that serve the surrounding residential areas. The area immediately to the North of Willow Pass Road is zoned R-6 Single-Family Residential District and the area to the South is designated as Residential Medium Density.
V. PROJECT DESCRIPTION
The applicant requests approval of a Land Use Permit to establish a restaurant with eight seats, including take-out food with a drive-thru window, within an existing 1,175-square-foot commercial building, previously used as a drive-up convenience market. The project also includes a deviation to the P-1 Bay Point Development Standards for a 5 ft. 4 in. side yard setback (where 10 ft. is required) for a new approximately 132-square-foot trash enclosure and will update the existing parking lot. The project also includes the installation of approximately 1,261 square feet of landscaping around the perimeter of the property.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on December 15, 2025, to a number of public agencies, including the Department of Conservation and Development Building Inspection Division, Advanced Planning Division, Transportation Division, and Habitat Conservancy Division Public Works Department, Contra Costa County Fire Protection District, Delta Diablo Sanitary District, Golden State Water, City of Pittsburg, the Bay Point Municipal Advisory Council, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment D. Following are summaries of the agency comments received.
A. Department of Conservation and Development, Advanced Planning Division: On January 14, 2026, the Advanced Planning Division submitted comments for the project in relation to compliance with the General Plan.
B. Department of Conservation and Development, Transportation Division: On January 14, 2026, the Transportation Division submitted a letter stating that in accordance with SB 743 and the Transportation Analysis Guidelines (TAG), an evaluation of Vehicle Miles Traveled (VMT) would not be required for the project given that the project is less than 10,000 square feet. The letter also provided recommendations for off-street parking spaces, which are included as Condition of Approval.
C. Bay Point Municipal Advisory Council (MAC): On April 29, 2026, the Bay Point MAC submitted an email with the meeting minutes advising that the land use permit application was reviewed at its April 2026 meeting. The Bay Point MAC had no objections to the project and were in favor of approval of the project.
D. Contra Costa County Environmental Health Department: On January 15, 2026, the Environmental Health Department provided approved plans for the project.
E. Contra Costa County Mosquito & Vector Control District: On December 15, 2025, the District provided a letter recommending that efforts should be made to keep trash enclosure(s), landscaping, etc., from becoming an attractive harborage for rodents. No feature of the project, including landscaping plants, should create areas of stagnant water that remain in excess of 72 hours. The included trash enclosure should have sealed containers and be kept clean. Thorough exclusion work on structures, paired with the eradication of available food and water sources, should reduce the attractiveness of the site to these animals, thus limiting the potential for diseases spread by rodents and rodent-associated vectors. A thorough operation and maintenance plan should include steps to preclude vector production and contingencies to remedy such issues if they arise.
F. Contra Costa County Fire Protection District: On January 20, 2026, the Fire Protection District submitted preliminary comments outlining additional requirements and permits for a deferred submittal to the CCC Fire Protection District.
G. Contra Costa County Public Works Department: On June 6, 2026, the Department provided a Staff Report with their recommended Conditions of Approval that are attached to this report.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project site is located within a MUC, Mixed-Use Community-Specific General Plan land use designation, which allows various housing types, including tiny homes, townhouses, condominium, apartments, studios, live-work units, and micro-units, along with a wide range of neighborhood and community-serving retail, personal service, office, hospitality, entertainment, and public uses. The density and floor area ratio (FAR) standards for this designation are specific communities in which it applies. For commercial uses within the MUC designation, the permitted FAR is 1.75, while residential densities may range from 22 to 40 dwelling units per net acre. Since the project is commercial, the applicable density is 1.75 FAR. The proposal involves establishing a new restaurant with a drive-thru operation within an existing one-story commercial building that is approximately 1,175 square feet in size. Additionally, the project includes construction of a new trash enclosure approximately 132 square feet in size, resulting in a total floor area coverage of 1,307 square feet. Given that the total lot size is 0.25 acres, the calculated floor area ratio for the site is 0.12, or 12 percent of the lot area. This means that the combined area of the restaurant building and trash enclosure is below the maximum permitted FAR of 1.75 for commercial uses under the MUC designation. Therefore, the project complies with the General Plan's requirements for density and land use, as the proposed restaurant and trash enclosure do not exceed the allowable floor area ratio for the site.
Furthermore, according to the Stronger Communities Element Goad SC-5, “convenient access to fresh, healthy, and affordable food in Impacted Communities.” Bay Point is identified as an Impacted Community in the General Plan. Policy SC-P8.3 states, “welcome business, especially family-sustaining, locally hiring, sustainable businesses, that provide essential goods and services in Impacted Communities, including food store with fresh produce, healthcare, childcare, pharmacies, and other retailers, while discouraging predatory lenders, liquor stores, tobacco and cannabis retail stores, dollar stores and fast-food restaurants.” While the restaurant will provide take-out service, it is locally owned and will serve a variety of traditional Mexican dishes featuring foods rich in fiber and healthy fats.
The project will support the economic and neighborhood revitalization efforts of the Bay Point Willow Pass Road commercial corridor by renovating the current vacant commercial building. Additionally, the project will include the installation of approximately 1,261 square feet of new landscaping around the perimeter of the property, which fronts Willow Pass Road and Alves Lane. The beautification of the area will create inviting, pedestrian-oriented streetscapes in accordance with Land Use Element policy LU-P4.6 which states to “require commercial and mixed-use projects to create inviting, pedestrian-oriented streetscapes wherever possible.” Allowing the restaurant to operate within this designation will align with the purpose and intent of the MUC General Plan, as it is consistent with the established guidelines and supports the community-oriented objectives of the area.
B. Zoning Compliance: The property is located in the Bay Point Planned-Unit District, P-1 zoning district. Based on the Bay Point Planned Unit Development Land Use Matrix, allowable uses in the P-1 District include a restaurant with a drive-thru with a valid land use permit. The project is to repurpose an existing commercial building that was previously approved as drive-up convenience market, the approval included an expansion to the building to allow the encroachment on a side yard requirement. The interior modifications to the existing commercial building will reconfigure the space to establish a restaurant with eight seats and a drive-thru window for a take-out operation. Therefore, the establishment of the drive-thru restaurant within the existing commercial building is consistent with the Bay Point Planned-Unit Development zoning district.
The project includes a deviation to the P-1 Bay Point Planned-Unit Development Standards to allow a 5 ft. 4 in. side yard setback, where 10 ft. is the minimum required, to construct a new approximately 132-square-foot trash enclosure for the restaurant. The trash enclosure is a necessary component for the take-out food operation pursuant to the Take-Out Ordinance section 88-16.008, as the restaurant proprietors will need to properly dispose of trash, litter and garbage originating from such take-out food establishment. The trash enclosure will be placed adjacent to the building, towards the back of the corner lot. The trash enclosure is reasonably placed on the lot, to allow for parking spaces and the driveway aisle clearance required pursuant to the Off-Street Parking Ordinance. Locating the trash enclosure anywhere else on the lot will interfere with the parking spaces required for the restaurant and will limit the area for loading space. Therefore, the construction of the trash enclosure will necessitate a deviation to the P-1 Bay Point Planned-Unit Development Standards.
C. Take-Out Food Ordinance: The proliferation of trash, litter, and sometimes garbage in areas surrounding take-out food establishments is unsightly, unhealthy and may have a negative effect on nearby property values. While proprietors of such business cannot be expected to control the conduct of their customers, they profit from the patronage of such customers, and they have the ability to pass through the cost of clean-up necessitated by illegal disposal of trash, little and garbage originating from their businesses. It is, therefore, the intent of the Take-Out Food Ordinance to impose upon the proprietors of such take-out food establishments, to joint responsibility for the proper disposal of trash, litter and garbage originating from their business establishment. The proposed project includes a new approximately 132-square foot trash enclosure with roof canopy.
The Land Use permit will be conditioned to require at least three times a week, the applicant and business owner to pick up and properly dispose of trash, litter, litter and garbage originating from such take-out food establishment, deposited on public property within four hundred feet of any boundary of the subject property. The Land Use Permit will also be conditioned to allow any owner of private property located within four hundred feet of any boundary of the subject property, at least three times a week, to request the applicant to pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street. Lastly, a cash deposit, letter of credit or corporate surety bond will be required to ensure compliance with the conditions.
D. Off-Street Parking Ordinance: The subject property is zoned as the Bay Point Planned Unit District, P-1 zoning district which provides standards for off-street parking requirements. However, pursuant to Condition of Approval #2 for Development and Use of property in the Bay Point Area, wherever there appears to be a conflict between the Planned-Unit District and Title 9 of the County Ordinance Code, the Planned-Unit District prevails. Development standards that are not covered by the Planned-Unit District should use Title 8 as a guideline.
Pursuant to the Bay Point Planned Unit Development Standards, the required parking for commercial use is 3.3 parking spaces per 1,000 square feet. Given that the building is 1,175 square feet, the minimum off-street parking required is 3.5 spaces. The project proposes six off-street parking spaces, which includes one ADA off-street parking space. The Bay Point Planned Unit Development Standards do not cover the design and layout for the parking spaces, and they do not include bicycle spaces required nor EV charging space require. For this, the guidelines are based Title 8, Chapter 82-16 - Off-Street Parking Ordinance. For each space with an angle of parking of 90 degrees, it requires a minimum space width and curb length of 8 ft. 6 in., space depth of 18 ft. and a driveway aisle for one-way travel of 25 ft. Based on the plans, the parking lot improvement will include the rearrangement of the parking spaces, from 45 degree angle parking spaces to 90 degree parking spaces, to meet the design guidelines and layout pursuant to the Off-Street Parking Ordinance. The code requires one long-term bicycle parking space for each 10 employees, or two spaces, whichever is greater, and one short-term bicycle parking space for each 2,000 square feet of floor area, or two spaces, whichever is greater. The plans include new bicycle striping next to the building to comply with this requirement.
E. Access: Ingress access to the lot is planned off of Alves Lane in the southeast corner of the subject parcel. Due to the existing configuration of the drive-up window and angled parking spaces, the vehicular path of travel is to enter off Alves Lane and proceed northwest through the parcel to an egress driveway along Willow Pass Road which will be restricted to right turn only (eastbound on Willow Pass Road). The applicant will be required to install directional signage and striping to direct customers/drivers on the circulation and exit from the parcel.
F. Drainage: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse. The application does not propose any onsite changes to the existing parking lot or drainage patterns within the parcel. Existing site runoff shall be maintained as is. Only minor replacement of asphalt pavement (~500 SF) at the drive-thru window and entry area are proposed; therefore, a stormwater control plan is not required.
VIII. CONCLUSION
The Land Use Permit to establish a 1,175 square-foot restaurant with eight seats and a drive-thru window within an existing commercial building, is consistent with the zoning district and General Plan designation. Staff recommends approval of Land Use Permit CDLP25-02045, based on the attached findings and subject to the attached conditions of approval.