Department of Conservation and Development
County Zoning Administrator
|
|
|
|
Project Title: |
262 Lake Drive Kensington Design Review Development Plan |
|
|
|
|
County File(s): |
CDDP24-03023 |
|
|
|
|
Applicant/Owner: |
Uma Moldenhawer (Applicant and Owner) |
|
|
|
|
Zoning/General Plan: |
R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / SH Single-Family Residential - High Density |
|
|
|
|
Site Address/Location: |
262 Lake Drive in the Kensington area of unincorporated Contra Costa County (Assessor’s Parcel Number: 570-221-004) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Sections 15301(e)(1) |
|
|
|
|
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 Kensington Design Review Development Plan to legalize the existing 1,123.40 square-foot conditioned space on the lower floor of a single-family residence that results in a total gross floor area of 2,753.55 square feet, which exceeds the 2,700 square-foot Kensington Combining District gross floor area threshold.
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 15301(e)(1) of the CEQA Guidelines.
B. APPROVE Kensington Design Review Development Plan CDDP24-03024 to legalize the existing 1,123.40 square-foot conditioned space on the lower-floor of a single-family residence that results in a total gross floor area of 2,753.55 square feet, 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: SH Single Family Residential-High Density.
B. Zoning: R-6 Single-Family Residential District, -Tov Tree Obstruction of Views Combining District, - K Kensington Combining District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Sections 15301(e)(1), Existing Structures, Class 1 exemption for additions to an existing structure that will not result in an increase of more than 50 percent of the floor area of the structure before the addition or 2,500 square feet, whichever is less.
D. Previous Application: There are no prior planning applications.
E. Concurrent Application: CDSU24-00046: This accessory dwelling unit (ADU) application for the attached interior conversion of existing conditioned space within the lower floor of the existing single-family residence into a new ADU was accepted by the CDD on April 12, 2024. The status of the application is pending the Zoning Administrator’s decision on the CDDP24-03023 Development Plan application.
IV. SITE/AREA DESCRIPTION
The subject property is a 5,500 square-foot rectangular lot on the west side of Lake Drive within the R-6 Single-Family Residential District. The existing 2,274.10 square-foot, 4-bedroom 4-bathroom, two-story single-family residence on the lot was built in 1950 at approximately the same time as other residences in the neighborhood along Lake Drive Avenue. There is a 347.30-square-foot attached garage located at the front of the residence. Attached to the upper floor of the residence is a 132.15 square-foot deck that provides a covered roof for an exterior lower floor area directly below it. The residence together with the garage and the area with the covered roof totals 2,753.55 square feet of gross floor area.
Similar to other parcels on the west side of Lake Drive, the subject property slopes consistently downward towards the southwest away from the frontage which allows for a lower floor to be located at grade below the upper floor with the upper floor appearing to be one-story residence in views from the street. Also similar to other parcels in the vicinity, the subject property is substandard in lot area and average lot width for the R-6 District and was created prior to the effective date of zoning in Kensington.
V. PROJECT DESCRIPTION
The applicant requests approval of a Kensington Design Review Development Plan to legalize the existing 1,123.40 square-foot conditioned space on the lower floor of a single-family residence that results in a total gross floor area of 2,753.55 square feet, which pursuant to County Code Section 84-74.802, Threshold Standard Triggering Hearing Requirement, exceeds the 2,700 square-foot gross floor area threshold standard for the lot and triggers a public hearing.
As shown on the project plans in Attachment 1, the single-family residence is comprised of a 1,150.70 square-foot upper floor with a 347.30 square-foot attached garage and a 132.15 square-foot deck, and 1,123.40 square feet of conditioned space on the lower floor, accessed via an exterior stairwell.
The current project for the legalization of the existing 1,123.40 square-foot conditioned space on the lower floor does not include any new development at this time. The project plans show a future alteration of the lower floor conditioned space into an internal conversion ADU for which the applicant has submitted the concurrent CDSU24-00046 ADU application.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on May 21, 2024, to a number of public agencies, including Building Inspection Division, Environmental Health Division of the Health Services Department, Kensington Fire Protection District, Stege Sanitary District, East Bay Municipal Utility District, City of El Cerrito, Kensington Municipal Advisory Council, and Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment 2. Following are summaries of the comments received.
A. East Bay Municipal Utility District: On June 4, 2024, the Utility District submitted a letter stating that addition of an ADU with expanded water use may require an upgrade to the existing water service and payment of associated fees. 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.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant must comply with the requirements of the Utility District.
B. Kensington Municipal Advisory Council (MAC): As shown on the minutes of the July 31, 2024 Kensington MAC meeting, the MAC unanimously recommends approval of the project.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The subject property is located in the SH Single-Family Residential - High Density General Plan land use designation. The SH designation is intended to promote the orderly development of single-family residential neighborhoods. The project entails legalization of the existing 1,123.40 square-foot conditioned space on the lower floor. The proposed project does not change the established residential use of the site, it’s residential density, or lot size. Thus, the single-family residential nature of the project does not conflict with the intent and purpose of the SH designation.
The project is also subject to the Policies for the Kensington Area, Policies 3-211 through 3-215 of the Land Use Element. Policy 3-211 is particularly applicable to this application and states that new residential development should provide for reasonable protection for existing residences in the Kensington community with regard to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight. The proposed legalization of the existing lower floor conditioned space does not result in the development of additional square footage beyond the existing footprint of the residence. The height of the existing residence would not change, and consequently, the project would not impact views of scenic natural features from adjacent residences. The design of the exterior would remain the same with no changes. Thus, the project will reasonably protect existing conditions on the subject property as well as in the surrounding vicinity and will not conflict with the adopted policies for the Kensington area.
B. Zoning Compliance: The subject property is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District. Legalization of the existing lower floor does not involve removal or addition of any tree, and therefore, the regulations of the Tree Obstruction of Views Combining District do not apply to this application.
The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed legalization of the lower floor conforms to all R-6 development standards. A second story is permitted in the R-6 District and the existing two-story residence is 25 feet in total height, which is less than the 35-foot maximum height limit for the district. The subject property is 50 feet in width and was created on December 8, 1937 as part of the Berkeley Woods Addition. Since the property was created prior to the effective date of zoning in Kensington, the lot is required to maintain a minimum side yard setback of 5 feet and an aggregate side yard setback of 10 feet pursuant to County Code Section 82-14.004, Side yards on Lots Established Before Effective Date. The existing residence has a 5-foot side yard setback on both sides and thus complies with the provisions of Section 82-14.004 for lots that 51 feet or less but more than 41 feet.
As described in Section V, Project Description, the gross floor area on the subject property would increase to 2,753.55 square feet, which pursuant to County Code Section 84-74.802, exceeds the 2,700 square-foot gross floor area threshold for the subject property. Therefore a Kensington Design Review public hearing is required for the project.
The intent of the Kensington Combining District is, in part, to provide specific regulations to implement General Plan policies fairly and efficiently for the Kensington area. The regulations of the Combining District are also intended to promote the Kensington community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels and compatibility with the neighborhood in terms of bulk and scale. The project does not increase the height of the residence and does not change the building location, scale, or off-street parking. The project legalizes the existing currently conditioned space on the lower floor of the residence. The exterior will remain consistent with the size and scale of the existing façade, and no alterations to the appearance of the residence are included with this project. The project will not impact light and solar access, bulk, privacy, parking, and noise levels of the surrounding neighborhood. Therefore, the project is compatible with the neighborhood.
VIII. CONCLUSION
The proposed legalization of the existing 1,123.40 square-foot conditioned space on the lower floor of a single-family residence is consistent with the SH Single-Family Residential - High Density General Plan land use designation, the Land Use Element Policies for the Kensington Area and, complies with applicable development standards for the R-6 District, County Code Section 82-14.004 (Side yards on Lots Established Before Effective Date) and the Kensington Combining District. Staff recommends that the Zoning Administrator approve Kensington Design Review Development Plan CDDP24-03023 to legalize the existing 1,123.40 square-foot conditioned space on the lower floor of a single-family residence that results in a total gross floor area of 2,753.55 square feet, based on the attached findings and subject to the attached conditions of approval.