|
|
|
|
Project Title: |
Roberts Street Three-lot Minor Subdivision |
|
|
|
|
County File: |
CDMS23-00009 |
|
|
|
|
Applicant/Owner: |
Zakaria Ismail (Applicant/Owner) |
|
|
|
|
Zoning/General Plan: |
P-1 Planned Unit District / RM Residential Medium Density |
|
|
|
|
Site Address/Location: |
10-30 Roberts Street in the Bay Point area of unincorporated Contra Costa County (APN: 095-075-023) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Exempt, CEQA Guidelines Section 15061(b)(3) |
|
|
|
|
Project Planner: |
Joseph W. Lawlor Jr, AICP, Senior Planner (925) 655-2872, |
|
|
joseph.lawlor@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
|
|
|
I. PROJECT SUMMARY
The applicant requests approval of a Vesting Tentative Parcel Map for a three-lot Minor Subdivision application to subdivide a 0.37-acre residential lot with three existing single-family residences into three parcels, including a 5,207 square-foot Parcel A, a 4,794 square-foot Parcel B, and a 6,304 square-foot Parcel C. Each parcel includes an existing residence and Parcels B and C also include existing detached garages. No new development is proposed with this application. As part of the application, deviations from the required 10-foot minimum front yard, 5-foot minimum side yard, and 20-foot minimum rear yard setbacks of the Bay Point P-1 Planned Unit District are requested for Parcel C to allow the existing buildings to remain in their current locations. The applicant also requests authorization of Exceptions to the requirements and regulations of County Code Section 914-2.004 (Offsite Collect and Convey) to retain the current drainage flows, and of County Code Chapter 96-10 (Underground Utilities) to allow the existing utilities to remain.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the project is exempt from CEQA under CEQA Section 15061(b)(3) of the CEQA Guidelines.
B. GRANT the exceptions to the drainage improvements required under County Code Section 914-2.004 (Offsite Collect and Convey) and the utilities improvements required under County Code Chapter 96-10 (Underground Utilities), as detailed in the attached findings.
C. APPROVE the Vesting Tentative Map for the Three-Lot Minor Subdivision of a 0.37-acre residential lot (County File CDMS23-00009), including the deviations from the required minimum front, side, and rear yard setbacks of the Bay Point P-1 Planned Unit District for Parcel C, based on the attached findings and subject to the attached conditions of approval.
D. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: Residential Medium Density (RM) land use designation.
B. Zoning: P-1 Planned Unit District .
C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15061(b)(3), the “common sense” exemption. This exemption applies because the project consists only of the subdivision of a parcel of land with existing structures and does not propose any new development. Therefore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
D. Previous Applications:
MS41-69: This four-lot minor subdivision of a 0.97-acre residential lot was approved by the Board of Adjustment on April 9, 1969. The project site is Parcel D of the minor subdivision.
IV. SITE/AREA DESCRIPTION
The 0.37-acre (16,304 square-foot) project site is located on the north side of Roberts Street, approximately 110 feet west of Bella Vista Avenue within a residential neighborhood between Willow Pass Road and Canal Road in the community of Bay Point. The project site is currently developed with three single-family residences and three accessory buildings, including two detached garages.
The surrounding area is characterized by a mix of single-family and multi-family residential development. The topography of the site and the surrounding vicinity is relatively flat.
V. PROJECT DESCRIPTION
The applicant is seeking approval of a Vesting Tentative Parcel Map for a three-lot Minor Subdivision to subdivide the 0.37-acre residential lot into three parcels, including a 5,207 square-foot Parcel A, a 4,794 square-foot Parcel B, and a 6,304 square-foot Parcel C. The Vesting Tentative Parcel Map is included in Attachment C. Each parcel has direct access to Roberts Street and includes an existing single-family residence. Parcel B also includes an existing detached garage and Parcel C also include an existing detached garage and another accessory building. No new development is proposed with this application. In order to retain the existing structures in their current locations, deviations from the required 10-foot minimum front yard, 5-foot minimum side yard, and 20-foot minimum rear yard setbacks of the Bay Point P-1 Planned Unit District are requested for Parcel C.
Since no development is proposed, the applicant also requests authorization of Exceptions to the requirements and regulations of County Code Section 914-2.004 (Offsite Collect and Convey) to retain the existing onsite drainage flows, and of County Code Chapter 96-10 (Underground Utilities) to allow the existing utilities to remain.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on September 19, 2023 to a number of public agencies, including the Building Inspection Division, the Advance Planning Section, the Transportation Planning Section, the East Contra Costa Habitat Conservancy, the Environmental Health Division of Contra Costa Health, the Engineering Services Division of the Public Works Department, the Contra Costa County Fire Protection District, the Delta Diablo Sanitary District, the Contra Costa Water District, the City of Pittsburg, the Bay Point Municipal Advisory Council, and the Contra Costa Mosquito Vector Control District. Comments received by staff are included in Attachment D. Following are summaries of the comments received.
A. East Contra Costa Habitat Conservancy: Habitat Conservancy staff submitted an email on September 29, 2023, stating that the project was exempt from the Habitat Conservation Plan Natural Community Conservation Plan.
B. Contra Costa County Fire Protection District: The Fire Protection District returned the Agency Comment Request form on October 6, 2023 with no comments.
C. Advance Planning Section: Advance Planning submitted an email on December 28, 2023, stating that the project exceeded the allowed density for the SH Single-Family High-Density General Plan land use designation but would be consistent with the proposed RM Residential Medium Density land use designation of the new General Plan.
The 2045 General Plan was adopted on November 5, 2024, and the project meets the 7 - 17 dwelling units per net acre density of the RM land use designation.
D. Public Works Department, Engineering Services Division: On October 15, 2025, the Engineering Services Division submitted a memo describing the regulatory programs that applied to the project site and included a number of conditions of approval and advisory notes to be applied to the proposed project. The October 15, 2025 Public Works conditions of approval and advisory notes are incorporated in the Conditions of Approval and Advisory Notes.
E. Bay Point Municipal Advisory Council (MAC): The Bay Point MAC submitted an email on October 22, 2025, stating that the MAC would not be providing comments on the project.
VII. STAFF ANALYSIS
A. General Plan Consistency: The proposed three-lot minor subdivision is consistent with the General Plan, as discussed below.
1. Land Use Element: The 0.37-acre residential lot is located in the RM Residential Medium Density General Plan land use designation. The RM designation accommodates single-family and low-density multiple-family residential development at density between 7 and 17 residential units per net acre. The project creates three parcels of 5,207 square feet, 4,815 square feet, and 6,282 square feet with each subdivision parcel containing an existing single-family residence at an average residential density of 11 residential units per net acre. The project is consistent with the development patterns described in the General Plan for this designation, which explicitly identifies "single-family units on lots approximately 2,500 to 6,000 square feet" as a typical use. The resulting parcels fall within or are proximate to this intended size range. With no development proposed, the project will not introduce a new land use or intensity; rather, it formalizes the existing residential use in a lot configuration that directly implements the density and character of development envisioned by the RM designation. Therefore, the proposed subdivision is consistent with the applicable goals and policies of the Land Use Element.
2. Stronger Communities Element: The project site is located in Bay Point, which is identified in the Stronger Communities Element as an "Impacted Community" due to the disproportionate burden of pollution and associated health and social vulnerabilities faced by its residents. The project is consistent with Goal SC-1, which seeks to ensure that Impacted Communities are not further burdened by environmental pollution or other hazards. As the project is a subdivision of an already developed parcel and proposes no new construction, ground disturbance, or change in land use, it will not introduce any new sources of pollution or other environmental hazards to the community.
The project is also consistent with the goals for Community Health (Goal SC-2) and Healthy Homes (Goal SC-6). By creating legal parcels for each of the three existing homes, the project represents a form of reinvestment that preserves the existing residential character of the neighborhood, which is consistent with Policy SC-P2.2. Furthermore, because the project does not involve the demolition of any housing units or the displacement of any residents, it supports Policy SC-P6.1, which aims to prevent a net loss of housing and displacement in Impacted Communities.
Bay Point Area Community Profile Policies: The Stronger Communities Element includes a specific Community Profile for Bay Point that articulates a vision and establishes policies to address the community’s unique needs. The project is consistent with General Plan policies applicable to the Bay Point area. Policy 1 requires ensuring that new development does not create negative impacts such as a net loss of housing or permanent displacement of residents. As this project proposes no demolition or new construction, it maintains the existing housing stock on the property and does not displace any current residents, thereby upholding this protective policy. The project is also consistent with the intent of Policy 7, which encourages the assembly of parcels to allow for denser residential development. While the project is a subdivision rather than an assembly, it achieves the underlying goal of this policy by formalizing a higher-density residential land use pattern that is consistent with the RM designation. The subdivision of a relatively large parcel into three smaller, legally distinct parcels for existing single-family homes supports the densification of residential areas as encouraged by the General Plan.
3. Transportation Element: The Transportation Element of the General Plan sets goals and policies to create a coordinated, safe, sustainable, and multimodal transportation system. The primary goals of the Element are to reduce the need for single-occupant vehicle trips, improve safety for all users, and expand opportunities for active transportation like walking and biking. The proposed minor subdivision is consistent with this Element. As the project is a subdivision of land for three existing, legally established residences and proposes no new dwelling units or change in land use, it will not generate new daily vehicle trips or an increase in Vehicle Miles Traveled (VMT). This is consistent with the core objective of reducing environmental harm from transportation and policies that seek to reduce single-occupant vehicle usage and VMT.
B. Zoning Compliance: The project site is located in the Bay Point P-1 Planned Unit District. The intent and purpose of the P-1 District is to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the General Plan and the intent of the County Code. The P-1 District Development Standards apply standards necessary to protect and promote public health, safety and general welfare.
While the proposed minor subdivision is allowed within the P-1 District, some of the existing structures will not meet the required minimum yard setbacks of the Bay Point P-1 Development Standards, including the 5-foot side yard and 20-foot rear yard as they would apply to subdivision Parcel C. In addition, the Public Works Department is requiring the dedication of a 5-foot right-of-way width along the Roberts Street frontage of the parcels such that the existing single-family residence and detached garage on Parcel C will not meet the required minimum 10-foot front yard setback. This requirement is included in the October 15, 2025 Public Works conditions of approval. Since the applicant intends to keep all of the existing buildings in their current locations, the applicant requests the following yard setback deviations:
• A front yard setback of 6 feet (where 10 feet is the minimum required) for the single-family residence and detached garage on Parcel C.
• A side yard setback of 3 feet (where 5 feet is the minimum required) for the detached garage on Parcel C.
• A rear yard setback of 9 feet (where 20-feet is the minimum required) for the other accessory building on Parcel C.
Given that no new construction is proposed and the accessory buildings are existing in their locations since the approval of MS41-69 that created the subject property, the deviations are necessary to legalize the placement of the accessory buildings on subdivision Parcel C. Following are findings for deviations from the Bay Point P-1 Development Standards.
1. Any deviation authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located.
Project Finding: The buildings on the project site were built in the 1930s, and therefore, were existing at the time of approval of four-lot Minor Subdivision MS41-69, which created the subject property in April 1969. With approval of MS41-69, these buildings were allowed to remain in their current locations. The current three-lot Minor Subdivision CDMS23-00009 will create three parcels, each of which will include an existing single-family residence does not include any new development. Parcel B also includes an existing detached garage and Parcel C also includes an existing detached garage and another accessory building. In recommending approval of the minor subdivision, the Public Works Department is requiring dedication of a 5-foot width of land along the Roberts Street frontage of the project site. With the dedication of land, the existing residence and detached garage on Parcel C will have a front yard setback of 6 feet where 10 feet is the minimum required. The current location of the detached garage has a side yard setback of 3 feet where 5 feet is the minimum required. In addition, in its current location, the other accessory building on Parcel C has a read yard setback of 9 feet where 20 feet is the minimum required. Given that the buildings are existing and predate the establishment of the Bay Point P-1 Planned Unit District in February 2003, allowing the deviations from the required 10-foot minimum front yard, 5-foot minimum side yard and 20-foot minimum rear yard setbacks of the Bay Point P-1 Planned Unit District for Parcel C does not constitute a grant of special privilege.
2. Because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the Bay Point P-1 Development Standards is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district.
Project Finding: The four-lot minor subdivision approved under MS41-69 allowed the existing buildings to remain on subdivision Parcel D. The current three-lot Minor Subdivision CDMS23-00009 includes no development and will allow each existing residence to be on its own lot. The deviations from the Bay Point P-1 Development Standards are necessary in order to legalize the existing development on Parcel C. Strict adherence to the Development Standards will prevent the single-family residence, detached garage, and other accessory building to remain in their current locations and will deprive this parcel from retaining all existing buildings in a manner similar to Parcels A and B and in a manner comparable to the original intent of the subdivision approved under MS41-69.
3. Any deviation authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located.
Project Finding: The intent and purpose of the Bay Point P-1 Planned Unit District is to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the General Plan and the intent of the County Code. With approval of the requested deviations of the front, side, and rear yard setbacks on Parcl C, the three-lot Minor Subdivision will be compatible with existing development on other parcels in the project vicinity within the RM Residential Medium Density General Plan land use designation. With approval of the requested deviations, the Minor Subdivision project will also be consistent with the intent of the subdivision that was approved under MS41-69 by allowing all existing buildings to remain in their current locations. Thus, the requested deviations substantially meet the intent and purpose of the RM land use designation within the Bay Point P-1 District.
C. Request for Exceptions: The applicant for the three-lot Minor Subdivision project requests authorization of Exceptions to the requirements and regulations of County Code Section 914-2.004 (Offsite Collect and Convey) to retain the current drainage flows, and of County Code Chapter 96-10 (Underground Utilities) to allow the existing utilities to remain. Pursuant to Chapter 92-6 of the County Code, the Advisory Agency (Zoning Administrator) may authorize exceptions to the requirements and regulations of County Code Section 914-2.004.
1. Drainage Exception: County Code Section 914-2.004 (Offsite Collect and Convey). requires that runoff from any subdivision be conveyed without diversion to an adequate storm drainage facility. No proposed drainage facilities are shown on the Vesting Tentative Parcel Map, and the applicant is requesting an exception from the collect and convey requirements specified in Section 914-2.004. Considering the project site is fully developed and drainage facilities are existing in the area, drainage from the property will not be expected to have an adverse impact on adjacent properties. The Public Works Department states that it is not adverse to granting the applicant an exception for the collect and convey stormwater requirements, and has conditioned the project to require submittal of a drainage report prior to recordation of the Parcel Map, that demonstrates the adequacy of the property to maintain existing drainage patterns. Accordingly, following are the findings for granting the requested exception.
a. That there are unusual circumstances or conditions affecting the property.
Project Finding: The unusual circumstance affecting the subject property is that existing drainage patterns are a pre-existing condition of the developed site, with positive drainage toward Bella Vista Avenue. The existing property and Roberts Street are already developed with single-family homes and front yards built in the 1930s. Since the area is generally built out, the minor subdivision project will generally keep the stormwater runoff pattern as is after the subdivision of property.
b. That the exception is necessary for the preservation and enjoyment of substantial property rights of the applicant.
Project Finding: The exception is necessary to preserve the applicant's property right to subdivide the land. The existing property is already developed with single-family homes and front yards. Collecting and conveying stormwater runoff to an adequate public storm drain system would be impactful to the property and more so to the offsite areas to reach a storm drain system which is more than a 0.25 mile away.
c. That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
Project Finding: Granting the exception for the existing drainage will not be detrimental to the public welfare or injurious to other properties. The proposed subdivision already contains three homes that are fully built out and the volume, rate, and pattern of stormwater runoff from the site will remain unchanged from existing conditions. Thus, there is a low likelihood of additional impacts to the neighboring properties or the general public.
2. Utilities Exception: County Code Chapter 96-10 requires all new utility distribution connections serving the minor subdivision to be located underground. Since the minor subdivision project includes no new development, the applicant has requested an exception to this requirement. Retaining the utilities in their current location is not expected to have a negative impact on adjacent properties. The Public Works Department states that it is not adverse to granting the applicant an exception for the undergrounding of the existing overhead utilities, and has conditioned the project to require inclusion of an existing utility exhibit within the improvement plans submitted to the Department for review and approval prior to recordation of the Parcel Map, that documents the mainline overhead lines and each service connection to each home. Accordingly, following are the findings for granting the requested exception.
a. That there are unusual circumstances or conditions affecting the property.
Project Finding: The unusual circumstance affecting the property is that the existing property and Roberts Street are already developed with single-family homes and front yards built in the 1930s. Overhead utilities are already installed and connected to multiple properties along Roberts Street and Bella Vista Avenue. The project is a minor land division to create legal parcels for existing single-family residences and accessory buildings that does not involve any new construction that would necessitate new utility service connections.
b. That the exception is necessary for the preservation and enjoyment of substantial property rights of the applicant.
Project Finding: The exception is necessary for the applicant to exercise their property right to subdivide the land. The existing property is already developed with single-family homes and front yards. Undergrounding existing utilities pursuant to the County Code would require two poles outside of the applicant’s property to be replaced with underground infrastructure. The entire neighborhood within a 0.25 mile radius is served by overhead utilities. The underground connections to each house would also likely require meter/panel upgrades at each service connection. Requiring the undergrounding of the existing utility lines will impose a significant and undue hardship on the applicant for a project that involves no new construction.
c. That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
Project Finding: Granting the exception for underground utilities will not be detrimental to the public welfare or injurious to other properties. The existing infrastructure serves the entire neighborhood. Undergrounding these overhead utilities would affect not only the applicant but neighboring properties. Allowing the existing overhead utility connections to remain maintains the existing conditions for the site and the neighborhood's existing infrastructure.
D. Road Dedication: Each of the minor subdivision parcels have direct access to Roberts Street, which is a 0.05 mile long, 14-foot-wide cul-de-sac road within a 40-foot-wide right-of-way without a curb or gutter. Roberts Street has a single public road intersection with Bella Vista Avenue on its east end. According to the Public Works Department, Roberts Street is planned to be a 36-foot-wide road in a 50-foot right-of-way. Based on field observation and past site imagery, vehicles are frequently parked along the frontage of the property that encroach onto the 14-foot-wide travel way.
Pursuant to a Public Works condition of approval, the applicant will be required to dedicate five feet of right-of-way along the Roberts Street frontage of the minor subdivision that is necessary to provide the ultimate right-of-way half width of 25 feet. The existing street is to be widened such that the edge of pavement is located 7 feet from the widened right of way line.
VIII. CONCLUSION
The proposed three-lot minor subdivision will create legal parcels for three existing single-family residences, which is consistent with the residential character of the area and the RM Residential Medium Density General Plan land use designation. Since there is no new development, there is no possibility that there may be a significant effect on the environment, and therefore, the project is exempt from CEQA. The requested deviations from minimum setback standards of the Bay Point P-1 Development Standards and exceptions from drainage and utility requirements of the County Code are reasonable and necessary to facilitate the subdivision without requiring the relocation of existing structures or infrastructure. The project is appropriate for the site and the surrounding area. Staff recommends approval of the Vesting Tentative Map for the three-lot Minor Subdivision, including the deviations from the required minimum front, side, and rear yard setbacks of the Bay Point P-1 Planned Unit District for Parcel C, based on the attached findings and subject to the attached conditions of approval.