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Project Title: |
1518 Barth Avenue Variance, Tree Permit, and Small Lot Design Review |
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County File(s): |
CDVR24-01044 |
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Applicant/Owner: |
Bacilia Macias, Bacilia Macias Architecture (Applicant) / Eduardo Landeros (Owner) |
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Zoning/General Plan: |
R-6 Single-Family Residential District / RM Residential Medium Density |
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Site Address/Location: |
1518 Barth Avenue in the San Pablo area of unincorporated Contra Costa County (Assessor’s Parcel Number: 419-192-015) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - Class 3: CEQA Guidelines, Section 15303(a) |
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Project Planner: |
Diana Lecca, Project Planner, (925) 655-2869 |
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Diana.Lecca@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 Variance to allow a 9-foot front yard setback (where 20 feet is the minimum required) and a Tree Permit for the removal of two code-protected Coast Live Oak trees, for the construction of a 2,128 square-foot two-story single-family residence on a vacant lot. The application includes Small Lot Design Review of the new single-family residence on a lot that is substandard in area and average width.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15303(a) of the CEQA Guidelines.
B. APPROVE Variance Permit, Tree Permit, and Small Lot Design Review CDVR24-01044 for construction of a 2,128 square-foot two-story single-family residence on a vacant lot, 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: RM Residential Medium Density.
B. Zoning: R-6 Single-Family Residential District.
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines Section 15303(a), New Construction of Small Structures, which provides a Class 3 exemption for construction of a single-family residence.
D. Previous Zoning Applications:
CDVR05-01002: This Variance application to allow a 15-foot front yard setback (where 20 feet is the minimum required), a 10-foot aggregate side yard setback (where 15 feet is the minimum required), and a 13-foot rear yard setback (where 15-feet is the minimum required) and Small Lot Design Review of a new single-family residence, was denied by the Zoning Administrator on November 16, 2009, due to a lack of interest from the applicant.
IV. BACKGROUND
The Variance Permit, Tree Permit and Small Design Review application was accepted on September 23, 2024, for a Variance to allow a 9-foot front yard setback (where 20 feet is the minimum required), a Tree Permit for the removal of two code-protected Coast Live Oak trees, and Small Lot Design Review of a new 2,128 square-foot two-story single-family residence on a vacant lot of substandard area and substandard average lot width. The application was deemed complete for processing on July 16, 2025, and staff mailed out a Notice of Intent to Render an Administrative Decision on September 15, 2025 to surrounding property owners within a 300-foot radius of the project site.
The Notice of Intent provided information on the project including the variance, tree removal, and small lot design review requests by the project applicant. The notice also provided the public with the opportunity to comment on the project or request a public hearing. During the September 15, 2025 to September 25, 2025 noticing period, staff received four comment letters from surrounding neighbors, including two letters requesting a public hearing.
V. SITE/AREA DESCRIPTION
The project site is a 3,900 square-foot trapezoidal-shaped vacant lot, located in the San Pablo Hills neighborhood in unincorporated Contra Costa County. The parcel is also adjacent to the border of the City of Richmond. The San Pablo Hills area is characterized by steep slopes and access to nearby open space amenities, including Alvarado Park and Wildcat Canyon Regional Park.
The parcel has access from Barth Avenue and has significant slopes and high elevation, ranging from 492 feet in altitude, at the southern end at its Barth Avenue frontage and descending to approximately 464 feet in altitude at the north side at the rear of the property. The elevation changes allow the property to have scenic views of San Francisco Bay.
VI. PROECT DESCRIPTION
The CDVR24-01044 application is for accommodating a new 2,128 square-foot two-story single-family residence to be located at the southern upland portion of the lot near the Barth Avenue frontage. While siting of the residence would reduce the amount of slope stabilization required for the foundation of the residence, approval of a Variance is needed to allow a 9-foot front setback (where 20 feet is the minimum required).
The currently vacant lot includes two Coast Live Oak trees, including an 8-inch diameter tree in the middle of the lot and a 12-inch tree located mid-slope near the eastern property boundary. The applicant has submitted an Arborist Report, in which a Certified Arborist has recommended removal of the trees in order to accommodate the new single-family residence. The proposed tree removal requires approval of a Tree Permit.
The project site is in the R-6 Single-Family Residential District that requires a minimum lot size of 6,000 square feet and a minimum average lot width of 60 feet. The 3,900 square-foot parcel has an average lot width of approximately 52 feet, and therefore, is of substandard area and substandard average width. Thus, approval of Small Lot Design Review of the new single-family residence is required.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on October 1, 2024 to a number of public agencies, including the Building Inspection Division, the Contra Costa County Fire Protection District, City of San Pablo, East Richmond Heights MAC, 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. Contra Costa County Fire Protection District: In a letter dated October 16, 2024, District staff indicated they had no comment on the variances. Additional CCCFPD staff comments included a list of five items required for Fire District approval in accordance with the 2022 California Fire Code (CFC), the 2022 California Building Code (CBC), the 2022 California Residential Code (CRC), and Local and County Ordinances and adopted standards.
B. East Richmond Heights Municipal Advisory Council (MAC): In an email dated November 12, 2024, the MAC recommended approval of the project with recommendations for project modifications, including adding windows and elevation treatments to the rear and northeast elevations and the planting of two replacement trees. In a subsequent email dated October 20, 2025, the MAC again recommended approval of the project, with a recommendation for the planting of two replacement trees.
VIII. PUBLIC COMMENTS AND PUBLIC HEARING REQUESTS
A Notice of Intent to Render an Administrative Decision was sent on September 15, 2025, to properties within 300 feet of the subject property. The notice had a deadline to submit public comments or request a public hearing by 5:00 PM on Thursday September 25, 2025. During the noticing time period, staff received four comment letters from the surrounding neighbors, including two letters requesting a public hearing and one letter supporting the proposed project. The four commenting neighbors also submitted comments to staff prior to the Notice of Intent. The comment letters are included in Attachment E. Below is a summary of the comments received during the noticing period along with staff responses.
A. Concerns regarding the steepness of the site and landslide risks.
Staff Response: The applicant has submitted a geotechnical report (Geotechnical Investigation, Proposed Residence, 1518 Barth Ave., San Pablo CA; John Campbell + Associates, October 30, 2024), which has been assessed and reviewed by the County Peer Review Geologist (Geologic Peer Review / CDVR24-01044; Darwin Myers Associates, January 20, 2025). The geotechnical report and peer review are included in Attachment F. The Geologic Peer Review identified potential geologic concerns and delineated measures to mitigate any potential risks both pre-construction and during construction, including requiring a post-construction assessment to be completed by the project geotechnical engineer. The recommended measures are included as Conditions of Approval for this project. The project will also be required to obtain a building and/or grading permit before construction and/or grading activity can begin. The applicant will be required to provide current geotechnical and/or geological reports, grading and drainage plans, and any other technical studies as required by Building Inspection and Grading Inspection staff to show that the project meets all building code requirements.
B. Possible negative impact on the character of the neighborhood due to the smaller front yard setback.
Staff Response: While the approval of the variance would allow the new residence to be placed up to 9 feet from the front property line, there are a number of other residences, both within the County’s jurisdiction and the City of Richmond’s jurisdiction, that are placed within the required minimum yard setbacks fronting the street. Thus, the placement of the new residence within the 20 foot front yard setback is not unique and the residence at its proposed location would be in character with the rest of the neighborhood. Although the front yard setback is reduced, the residence has been designed to appear comparable to other residences in the neighborhood.
C. Possible impact on property values and views from proposed development
Staff Response: Historically, properties that have new residential development tend to increase the property values for both the subject property and for the surrounding properties. The proposed single-family residence is expected to increase the property value of the subject property and in turn raise the property values of the properties in the surrounding neighborhood. Regarding the impact on views, the new residence as shown in Attachment C will not be over 15 feet in height from the street level, and therefore, would not appear to be significantly higher than any other one-story residence from the street.
D. Possible negative impact on the character of the neighborhood due to the removal of the 2 code-protected trees.
Staff Response: The applicant has submitted an Arborist Report (Arborist Report, Tree Inventory, Property Development Project, 1518 Barth Ave., San Pablo, CA; Kevin Pineda, ISA Certified Arborist and Donald Cox, ISA Certified Arborist, November 8, 2024), which assessed the suitability for preservation of the two code-protected Coast Live Oak trees. The Arborist Report is included in Attachment G. The certified arborists conclude that preservation of the trees was not suitable as their locations conflict with the proposed residence and recommended removal to facilitate development. Removal of the two trees on the project site would not significantly alter the character of the neighborhood as there are a number of other trees in the vicinity, and in the vacant adjacent lot to the west. As restitution for the two trees that would be removed, a requirement to plant two trees of a minimum 25-gallon size is included in the Conditions of Approval for this project. Notably, the neighborhood is close to a number of open space amenities such as Alvarado Park and Wildcat Canyon Regional Park. Thus, the removal of two Oak trees in the middle of the property would have a less than significant impact on the neighborhood.
IX. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The project site is located within the RM Residential Medium Density General Plan land use designation. The purpose of the RM designation is to allow for single-family residential development which includes single-family homes and residential development associated with it. The project is the construction of one new single-family residence, and therefore is consistent with the General Plan designation.
B. Zoning Compliance: The project site is located within the R-6 Single-Family Residential District which allows for a single-family dwelling unit and the accessory structures and uses normally auxiliary to it. The project proposes a single-family residence. Therefore, the use is permitted in the R-6 District. The project is also subject to the development standards of the R-6 District as shown in the table below:
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R-6 Development Standards |
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Requirement |
Proposed Project |
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Front Yard - minimum 20 feet |
9 feet from Barth Avenue |
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Secondary Front Yard - minimum 15 feet |
N/A |
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Side Yard - minimum 5 feet |
7 feet- 6 inches (both sides) |
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Aggregate Side Yard - minimum 15 feet |
15 feet |
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Rear Yard - minimum 15 feet |
19 feet (approximately) |
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Building Height - maximum 35 feet |
25 feet |
The applicant requests a Variance to allow a 9-foot front yard setback along Barth Avenue (where 20 feet is the minimum required). A Variance to allow relief from the front yard setback requirement is necessary to allow for reasonable development of the parcel. Development on the parcel is substantially constrained by the substandard size and is further constrained by the severe slope and variation of topography (the property declines from approximately 490 feet above mean sea level at the southern portion of the parcel to 462 feet above mean sea level at the north of the parcel). These physical constraints severely limit the viable buildable area on the parcel and force any construction to be located closer to the front which has flatter areas. The new residence has been designed to utilize the flatter portions of the property, and although it will require additional geotechnical support to mitigate the steep topography, it seeks to minimize disturbing the further steeper slopes located towards the back of the parcel, as shown on the Topographic Survey, which is included in Attachment C.
C. Tree Protection and Preservation: As defined in County Code Section 816-6.6004 (Tree Protection and Preservation Ordinance), the two Coast Live Oak trees on the project site are code-protected and would require a tree permit for their removal. Based on Sheet A.0.1 of the project plans drafted by Bacilia Macias Architecture and the Arborist Report prepared by Kevin Pineda ISA Certified Arborist and Donald Cox ISA Certified Arborist, the trees are in fair condition but are recommended for removal due their locations conflicting with the proposed residence. As such, staff can make the finding of County Code Section 816-6.8010(2)(G) that Reasonable development of the property would require the alteration or removal of the tree and this development could not be reasonably accommodated on another of the lot. Due to the size and topographical constraints of the project site, the proposed new residence would impact the trees regardless of any proposed location. It is not possible to relocate the residence to avoid the tree impact, and therefore staff recommends approval of the Tree Permit for the removal of the two Coast Live Oak trees.
D. Small Lot Design Review: The project site is in the R-6 Single-Family Residential District, which requires a minimum parcel area of 6,000 square feet. The subject parcel is 3,900 square feet which does not meet the minimum parcel area. In addition, the R-6 District requires a minimum average lot width of 60 feet. The parcel has an average lot width of approximately 52 feet, which does not meet the minimum average width. Therefore, prior to issuance of a building permit, a small lot design review planning application must be submitted for review by the Zoning Administrator pursuant to County Code Section 82-10.002(c), Small Lot Occupancy, to determine the compatibility of the proposed new residence with the surrounding neighborhood, in terms of its location, size, height and design.
1. Location: The proposed 2,128 square-foot new single-family residence is appropriately sited given the unique physical constraints of the project site and the established character of the surrounding neighborhood. While the proposed residence is located within the front yard setback, this placement is necessitated by significant topographic constraints, as well as the size constraints of the lot. Specifically, the site’s steep upward slope from north to south limits the buildable area to the southernmost portion of the property.
Residence placement in the neighborhood varies significantly due to the variety of lot sizes, as well as the different development standards within the City of Richmond’s jurisdiction and County residential development standards. The subject parcel is adjacent to the City of Richmond border, and therefore residences in the vicinity follow different requirements in terms of frontage. The proposed residence is placed closer to the street than some other residences in the neighborhood; however, the location is dictated by the unique geometry and topography of the lot. Based on these constraints and the larger neighborhood, the residence remains compatible with the neighborhood's established land use character.
2. Size: Home sizes in this neighborhood range between 860 square feet to 3,300 square feet; however, the majority of larger sized homes in the neighborhood are under the City of Richmond jurisdiction, which may differ in terms of residential development standards. Residences within the County jurisdiction have a narrower range, between 864 square feet and 1,252 square feet. Although the proposed residence is on the larger side, at approximately 2,128 square feet, it will not significantly stand out, as it is designed to utilize the slope to minimize its apparent bulk. Thus, the new residence will be compatible with the surrounding neighborhood as it will remain in line with other residences in the overall vicinity, both in terms of City of Richmond residences and County residences.
3. Height: The proposed two-story residence will be approximately 25 feet in height, at the rear and tallest point, which is below the 35-foot maximum height allowed for residential structures in the R-6 District. The front of the residence facing Barth Avenue holds a total height of approximately 15 feet in height, which is not uncommon for one-story residences in the area. Thus, in terms of height, the project will be compatible with the surrounding neighborhood.
4. Design: The surrounding neighborhood along Barth Avenue, Harbor View Avenue, and North Arlington Boulevard have a variety of one-story and two-story residences with ranch styled homes, low pitched gable or hipped roofs, stucco exteriors, and some include attached garages. The proposed new residence is of a two-story design; however, at street-level, it is shown to be only as a one-story home mimicking the design of other residences in the neighborhood. Therefore, the new residence will be consistent with the design of other houses in the neighborhood.
E. Appropriateness of Use: The project site is within an established single-family residential neighborhood consisting mainly of existing single-story and two-story residences. These one and two-story residences include residences under the jurisdiction of the City of Richmond and under the jurisdiction of Contra Costa County, and thus have been developed under differing development standards. The neighborhood and overall area include lots of varying sizes, although several remain on the smaller side. The area also sees location of the residences varying depending on the terrain. The proposed lot is faced with a much smaller than average lot size, as well as steep slopes comparable to adjacent lots. The proposed construction of a two-story single-family residence is located closer to the front, southerly portion of the parcel, where only one story is visible from the street, is residential in nature and is therefore an appropriate use for the property while adjusting to the special circumstances of this lot.
X. CONCLUSION
The proposed single-family residence, as conditioned, would be compatible with existing residential development in the surrounding neighborhood, consistent with the RM Residential Medium Density General Plan land use designation, and in compliance with the intent and purpose of the R-6 Zoning District. The substandard size of the project site and the severe slope and variation of topography on the severely limit the viable buildable area on the parcel. The two code-protected trees on the project site are located in areas where reasonable development of the lot necessitates their removal. Staff recommends approval of the CDVR24-01044 planning application, including the Variance to allow a 9-foot front yard setback, the Tree Permit for removal of two code-protected Coast Live Oak trees, and Small Lot Design Review of the new single-family residence, based on the attached findings and subject to the attached conditions of approval