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Project Title: |
Delta Coves Three Lot Minor Subdivision |
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County File(s): |
CDMS24-00015 |
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Applicant: Owner: |
Owen Poole, SDC Delta Coves LLC Andrew Coon |
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Zoning/General Plan: |
Planned Unit District P-1, Flood Hazard Combining District -FH, Urban Farm Animal Exclusion Combining District -UE / Singe-Family Residential Low SL |
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Site Address/Location: |
485 Halcyon Place, Bethel Island, CA 94511 (APN: 031-210-060) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15315 - Minor Land Divisions |
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Project Planner: |
Everett Louie, Planner II (925) 655-2873 Everett.Louie@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 tentative map for a minor subdivision application to subdivide an approximately 22,529-square-foot vacant parcel into three lots. Parcel A will be approximately 8,016 square feet, Parcel B will be approximately 6,798 square feet and Parcel C will be approximately 7,715 square feet. No residential development is proposed with the project.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. OPEN the public hearing on the three-lot Minor Subdivision, RECEIVE testimony, and CLOSE the public hearing.
B. APPROVE the Tentative Parcel Map for the Delta Coves three-Lot Minor Subdivision (County File #CDMS24-00015), based on the attached findings and subject to the attached conditions of approval.
C. DETERMINE that the proposed project is categorically exempt from CEQA under CEQA Guidelines Section 15315 of the CEQA Guidelines.
D. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: The subject property is located within the previous County General Plan Land Use Designation Single-Family Residential Low-Density District (SL). The SL designation has a density range of 1.0 to 2.9 units per net acre.
B. Zoning District: The subject property is located within the Planned Unit District P-1, Flood Hazard Combining District -FH, Urban Farm Animal Exclusion Combining District -UE.
C. California Environmental Quality Act (CEQA): The project is categorically exempt pursuant to CEQA Guidelines Section 15315, “which consists of the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.”
The project proposes a minor subdivision of two lots in a residential zoned Planned Unit District (P-1) within the Delta Coves Community. Delta Coves Community was created under SD80-06013 and CDDP82-3024 which required utility services and access routes to be created. The parcel is also inside the Urban Limit Line and has access to all utility services including being serviced by the Contra Costa Water District, Diablo Water District and the Ironhouse Sanitary District. All infrastructure (roads, drainage, utilities) are installed under the prior subdivision SD80-06013 and thus, no additional improvements are required. Therefore, because the parcel is within the urban limit line, the parcel is in an area considered urbanized. This project does not exceed the four maximum allowed parcels under this exemption and is also zoned for residential use which is a requirement to use this exemption. The project does not require any variances, exceptions, and is in conformance with the General Plan and Zoning as described in the Staff Report below. The parcel was not subject to a division of land within the previous two years. Lastly, the parcel does not have an average slope greater than 20 percent. The existing parcel has been graded prior to this application and is flat. The proposed project does not pose significant impacts to any of the six exceptions to the categorical exemptions pursuant to CEQA Guidelines, Section 15300.2, and CA Public Resources Code, Section 21084.
D. Lot Creation: The vacant property was established as Lots 263, 264 and 265 under Major Subdivision SD80-06013.
E. Previous Applications:
• CDLL20-0015: This was a Lot Line Adjustment application to merge lots 263, 264 and 265 into lot 264.
IV. SITE/AREA DESCRIPTION
The subject property is approximately 0.52-acre (22,529 square feet) vacant parcel that is the resultant of CDLL20-00015 which merged lots 263, 264 and 265 into lot 264. The three previous lots were created under Major Subdivision SD80-06013 which created the Delta Coves area. The subject parcel which is addressed as 485 Halcyon Place in Bethel island, abuts Halcyon Place at the end of the court. To the west is two other residential parcels and the rest of the parcel is surrounded by the water’s of Delta Cove. All parcels surrounding the subject property are zoned Planned Unit District. The General Plan of parcels directly west are Single-Family Residential Low while parcels to the east are Watershed General Plan Designation.
The subject parcel is very flat with no change in topography due to the site being previously graded for residential development. The site contains existing infrastructure (roads, drainage, utilities, etc) that was installed under the prior subdivision.
V. PROJECT DESCRIPTION
The applicant requests approval of a tentative map for a minor subdivision to subdivide an approximately 22,529-square-foot vacant lot into three resultant Parcels. Parcel A will be approximately 8,016 square feet, Parcel B will be approximately 6,798 square feet and Parcel C will be approximately 7,715 square feet. The minor subdivision will re-establish Lots 263, 264 and 265 of Tract 6013, which were previously merged to form the subject parcel under CDLL20-00015. The new parcels will match the property lines as originally created by the Major Subdivision SD80-06013. No residential development is proposed with the project.
VI. AGENCY COMMENTS
A. Bethel Island MAC (BIMAC): The Bethel Island MAC heard the project on October 8, 2024. The BIMAC voted to recommend approval of the project with a 5-0 vote.
B. Contra Costa County Fire Protection District: In a returned agency comment request dated October 15, 2024, the Contra Costa County Fire Protection District stated that the proposed parcels already meet the Fire Code and Fire District Requirements and that they need to submit Fire Sprinkler Plans for any new construction.
C. Contra Costa Health, Environmental Health: In a letter dated October 13, 2024, Environmental Health provided comments regarding well water and septic system requirements. This project will be serviced by public sewer and public water and the infrastructure is already in place.
D. County Geologist In a letter dated November 5, 2024, the County Geologist reviewed the project and deemed the project materials complete. The County Geologist also provided conditions of approval requiring a geotechnical report to be submitted prior to the issuance of a residential building permit.
E. Contra Costa County Public Works Department: In a letter dated August 22, 2024, the Public Works Department Staff deemed the application incomplete pending a stormwater control plan and impervious surface. The applicant submitted the requested information and on December 24, 2024, Public Works deemed the application complete and provided conditions of approval.
No comments were received from the following agencies, Building Inspection Division, Public Works Flood Plain Staff, Public Works Flood Control, Ironhouse Sanitary District, Contra Costa County Water District, Diablo Water District, Contra Costa Mosquito & Vector Control District, Northwest Information Center, Delta Protection Commission and the Delta Stewardship Council.
VIII. STAFF ANALYSIS
A. General Plan Consistency: The proposed two-lot Minor Subdivision is consistent with the General Plan, as discussed below.
1. Land Use Element: The project site has a General Plan designation of Single-Family Residential-Low Density (SL) under the previous Contra Costa County General Plan 2005-2020 General Plan. The SL primary land uses include single-family homes and residential uses associated with them. The project is a three-lot minor subdivision to re-establish three residential lots previously approved under SD80-0613 that would allow a single-family residence. Lot 263, lot 264 and lot 265 were merged under CDLL20-00015. This application will revert the parcel back into its originally approved configuration. Thus, there is no increase in residential density. While no development is proposed currently, the future use of the three parcels will be residential. Therefore, the project is consistent with the General Plan designation of Single-Family Residential-Low Density.
• Policy 3-21: The predominantly single-family character of substantially-developed portions of the county shall be retained.
Staff Response: The project is located in an area where single-family character is dominant. The project proposes to subdivide a parcel into three lots and return the parcel to its original configuration of three single-family parcels. Therefore, the single-family character is retained.
• Policy 3-56: New residential development in the on-island area shall be limited at this time to approved development and one dwelling unit per parcel.
Staff Response: The project is proposing to re-establish three residential lots with one dwelling unit per parcel. Therefore, the project complies with this policy.
B. Zoning Compliance: The subject parcel is zoned Planned Unit District (P-1), Flood Hazard Combining District (-FH) and Urban Farm Animal Exclusion Combining District (-UE). The Delta Coves parcels were created under Final Development Plan CDDP82-03024 and Subdivision Map SD80-06013 which approved the P-1 zoning for the site. In the approved conditions of approval for Delta Coves, COA #2 identifies that development guidelines are to conform to the R-6 Single Family Residential District of the Zoning Code. Therefore, Staff has evaluated the proposed parcels under this minor subdivision to ensure that they are in compliance with the R-6 zoning district. Each lot meets or exceed the minimum lot area, depth and average width requirements as required by the R-6 Zoning District. Below is a table demonstrative each lot’s compliance with the R-6 standards.
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Lot |
Area (6,000 Sq. Ft. Min) |
Average Width (60 Ft. Min) |
Depth (90 Ft. Min) |
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Parcel A |
8,016 Sq. Ft |
69’ |
105’ |
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Parcel B |
6,798 Sq. Ft |
95.7’ |
93’ |
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Parcel C |
7,715 Sq. Ft |
67’ |
91’ |
No specific residential plans have been submitted as part of this application. Sheet 3 shows the preliminary location of any single-family residences on the lots. However, before obtaining a building permit, any single-family residence proposed on each lot will be required to obtain the approval from the Delta Coves Design Review Committee and to obtain Planning Staff approval. All single-family residences will be required to meet the building setback requirements listed in the Delta Coves Design Guidelines which were approved under CDDP82-3024 and SD80-06013.
C. Inclusionary Housing Ordinance: The project is proposing to subdivide an existing lot into three lots, re-establishing the three lots approved under SD80-06013. The inclusionary housing ordinance requires that all residential development of five or more units to be subject to the County’s Inclusionary Housing Ordinance. Pursuant to section 822-4.408 of the County Ordinance Code, the proposed project is exempt from the requirements of the County’s Inclusionary Housing Ordinance, Chapter 822-4 because it does not proposed five or more units.
D. Appropriateness of Use: The proposed project is a three-lot Minor Subdivision that will re-establish three residential lots that were merged previously. This use is consistent with surrounding uses in that all parcels within the immediate vicinity are residential uses in nature. The project does not require any deviations or exceptions and the project layout and access will provide for quality development with no significant or adverse effects to the surrounding community or environment. A residential subdivision is a use that is compatible with the residential nature of the area and the development standards of each lot do not exceed the R-6 zoning district. Therefore, the project is appropriate for the area and provides a place to develop an additional unit of housing to the County.
E. Regulatory Committees: Delta Protection Commission and Delta Stewardship Council - The project was referred for comments to both the Delta Protection Commission and the Delta Stewardship Council, however, at the publication of this Staff Report no comments have been received. The proposed project is located within the Secondary Tract Zone. The Secondary Zone is an area outside the Primary Zone and within the secondary zone. The secondary zone is not within the planning area of the Delta Protection Commission. Staff performed the covered actions checklist which is a discretionary tool for local agencies to use in determining whether a project is a “covered Action” within the Delta Plan. According to Government code section 85057.5(b)(7), a “project within the secondary zone, as defined pursuant to Section 29731 of the Public Resources Code as of January 1, 2009, for which a notice of approval or determination pursuant to Section 21152 of the Public Resources Code has been filed before the date on which the Delta Plan becomes effective.” Therefore, because the parcel is located within the secondary zone, the project is not a covered action and is exempt from the Delta Stewardship Council’s regulatory authority.
F. Traffic and Circulation: The project fronts and gains access from the privately-maintained Halcyon Place. At this location, Halcyon Place is a 36-foot road within a 50-foot right-of-way. Existing frontage improvements at this location include curb, gutter, sidewalk and foliage. No frontage improvements are proposed as part of this project. as this is a fully developed private road, road widening, right-of-way dedication, and frontage improvements are not required as part of this project. Therefore, no encroachment permits from the County will be required.
G. 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 pubic storm drainage system which conveys the storm water to an adequate natural watercourse. According to County data, the runoff from the site drains west into existing drainage inlets along Halcyon Place. From there water follows the drainage network of Delta Coves until it outflows into the bay. As drainage infrastructure was installed under the prior subdivision, no additional improvements are necessary.
H. Stormwater Management and Discharge Control: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 5,000 square feet in compliance with the County’s Stormwater Management and Discharge Control Ordinance (§1014) and the County’s Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit. While no estimated quantity of impervious surfaces was provided, a cumulative excess of 5,000 square feet of new impervious surface could render submittal of a Stormwater Control Plan necessary. A SWCP, if necessary, shall be prepared using the latest edition of the Stormwater C.3 Guidebook and template (available at www.cccleanwater.org) and meet the requirements of the Regional Water Quality Control Board.
I. Floodplain Management: The property does not lie within the Special Flood Hazard (100-year flood boundary) as designated on the Federal Emergency Management Agency Flood Insurance Rate Map.
J. Countywide Street Light Financing: The subject property is already annexed into Community Facilities District L-100 and will require no further annexation.
K. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for Bethel Island and ECCRFFA/RTDIM Areas of Benefit, as adopted by the Board of Supervisors. This fee shall be paid prior to issuance of building permits.
L. Drainage Area Fee and Creek Mitigation: The property is located within unformed Drainage Area 45. There is currently no fee ordinance adopted by the Board of Supervisors for this area.
IX. CONCLUSION
The proposed CDMS24-00015 Minor Subdivision is consistent with the County General Plan and zoning code. The project will conform to all applicable development standards for the R-6 Zoning District, and will add additional housing options to an area that is primarily developed with similar uses. Moreover, this subdivision is to re-establish Lots 263, 264 and 265 of Tract 6013, which were previously merged to form this single parcel. The new parcels will match the property lines as originally created by the parent subdivision. Therefore, the density of the site will not change. Staff recommends approving the Tentative Parcel Map for the two-lot Minor Subdivision CDMS24-00015, based on the attached findings and subject to the attached conditions of approval.
Attachments:
A. CDMS24-00015 Findings and Conditions of Approval
B. CDMS24-00015 Maps
C. CDMS24-00015 Agency Comments
D. CDMS24-00015 Tentative Map Plans