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Project Title: |
Variance for a detached carport and shed in Walnut Creek |
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County File(s): |
#CDVR25-01045 |
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Applicant: Owner: |
Claudia Falconer, Claudia Falconer Architect Tyler and Lisa Hubbs |
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Zoning/General Plan: |
Single-Family Residential District (R-15) / Residential-Low Density (RL) |
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Site Address/Location: |
37 Terra Bella Drive, Walnut Creek, CA 94596/ APN: 180-310-014 |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemptions - Class 3: CEQA Guidelines Section 15303 (e) - New Construction or Conversion of Small Structures |
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Project Planner: |
Dulce Reckmeyer-Walton, Planner II (925) 655-2854; dulce.reckmeyer-walton@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Variance application to allow a 3-foot side yard setback (where 10 feet is required), and a 15 feet aggregate side yard setback (where 25 feet is the minimum) for the construction of a new approximately 305-square-foot carport with an attached 120-square foot shed.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the Zoning Administrator:
1. APPROVE the Variance (County File #CDVR25-01045), based on the attached Findings and subject to the attached Conditions of Approval.
2. DIRECT Staff to file a Notice of Exemption with the County Clerk.
III. BACKGROUND
On September 10, 2025, the applicant submitted a Variance application to allow for the construction of a new approximately 305-square foot detached carport with 3-foot side setback, where 15-feet is the minimum. On November 20, 2025, the applicant and property owner provided revised plans to include a 120-square-foot shed.
On December 9, 2025, Staff sent out the Notice to Render an Administrative Decision. Staff received one email containing comments of opposition and requesting a public hearing from property owner of 25 Terra Bella Drive in Walnut Creek on December 10, 2025. The commenters’ letter is attached to this Staff Report.
Furthermore, Staff conducted a site visit to the subject project property on January 29, 2026, to address the concerns that were expressed by the neighboring property owner. The photographs are included in this staff report as reference to different vantage points showcasing a minimal impact and compatibility with the surrounding single-family residences in the neighborhood.
IV. GENERAL INFORMATION
A. Environs - The subject property is a rectangular-shaped parcel, approximately 15,008-square-foot, that currently has an existing one-story single-family residence and accessory buildings, including a shed and a pergola. The parcels immediately to the north and south are zoned R-15 (Single-Family Residential District). The parcels to the east and west are zoned R-20 (Single-Family Residential District)
B. General Plan - The subject property is located within a Single-Family Residential-Low Density (RL) General Plan land use designation.
C. Zoning District - The subject property is located within the R-15 Single-Family Residential District.
D. California Environmental Quality Act (CEQA) - The proposed project is categorically exempt under Class: CEQA Guidelines Section 15303 (e), accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences may be constructed under this exemption.
The proposed project involves the construction of a carport with a shed, therefore, the proposed project qualifies for a Categorical Exemption under CEQA Guidelines Section 15303 (e).
E. Lot Creation: The subject property is lot 3 of the Walnut Heights Estates Subdivision, Tract 2530, recorded on February 20, 1957.
F. Prior County Files Related to the Property:
a. There are no previous entitlements on the subject parcel.
V. SITE/ AREA DESCRIPTION
The parcel is a level, rectangular-shaped lot, situated in a cul-de-sac as part of the Walnut Heights neighborhood. The subject parcel is developed with an existing one-story single-family residence with an attached garage and accessory buildings at the rear of the property. The subject parcel has an area of 15,002 square feet and an average width of 112 feet, which is consistent with the R-15 Single-family Residential District. Most homes in this neighborhood sit on parcels ranging from 0.3 to 0.5 acres, with mature landscape given its proximity to the Shell Ridge Open Space. The properties are characterized as having spacious backyard area, which is a notable feature. The one-story ranch-style homes in the neighborhood contribute to the uniform, charming character of the area.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Variance application to allow a 3-foot side yard setback, where 10 feet is the minimum required, and to allow a 15 feet aggregate side yard setback, where 25 feet is the minimum required, for the construction of a new approximately 305-square-foot carport with an attached 120-square foot shed on the western side of the property. The carport will be detached from the primary residence and located next to the existing garage. The building height will vary, 12 feet 8 inches for the carport and 10 feet 6 inches for the attached shed.
VII. AGENCY COMMENTS
A. Department of Conservation and Department, Building Inspection Division: No responses were received at the time of this staff report preparation.
B. Contra Costa County Environmental Health Services Department: No responses were received at the time of this staff report preparation.
C. Contra Costa County Consolidated Fire District: In a returned agency comment form received on October 10, 2025, the District stated that they have no comments.
D. Contra Costa County Central Sanitary District: In a letter dated October 8, 2025, the District stated that they have no comments. The letter advised applicant that prior to receiving a building permit, the applicant should promptly submit a hard-copy, full-size improvement plans. The letter was emailed to the applicant on October 31, 2025.
E. East Bay Municipal Utility District: In an email received on September 12, 2025, the District stated that they have no comments.
F. Contra Costa Mosquito & Vector Control District: No responses were received at the time of this staff report preparation.
VIII. PUBLIC COMMENTS
On December 9, 2025, a “Notice of Intent to Render Administrative Decision” for the proposed variance was mailed to property owners within 300 feet of the subject property. The letter advised of a comment period ending on December 19, 2025. One email was received requesting a hearing for the proposed project from Margaret A. Neary of 25 Terra Bella Drive in Walnut Creek.
Below is a summary of the requests for hearing points along with staff responses.
A. Margaret A. Neary of 25 Terra Bella Drive
• Comment: Insurance and fire hazard - Ms. Neary stated that she anticipates an increase in the property insurance cost and coverage due to the size of the carport and shed and the proximity to the property and her house. She adds that Terra Bella backs onto Shell Ridge Open Space, which already heightens the chance of fire in this area.
Staff Response: Based on the revised plans submitted on November 20, 2025, the shed structure will have a 1-hour fire rated wall in compliance with the 2025 Residential Building Code. Furthermore, the plans will be reviewed and approved by the Building Inspection Division. Additionally, in a letter of response from the applicant to Ms. Neary, the applicant states that he has spoken to their home insurance provider to confirm that the proposed carport structure will not increase the fire hazard to the subject property not will it affect the cost or availability of insurance for neighboring properties, see Attachment C.
• Comment: Water Drainage - Ms. Neary states that previous development in the area have caused an issue that resulted in adding extensive drainage on the 37 Terra Bella Drive side, the north (left) side of the property. The proposed project will result in a change in drainage requirements and an unknown cost for mitigation.
Staff Response: There is a slight grade change along Terra Bella Drive which creates a natural downward direction for runoff, from the north. In the letter of response from applicant to Ms. Neary, the applicant mentioned that a comprehensive drainage system to collect water from the property would otherwise drain downhill. All water from the new roofline will be fully collected and routed into the existing underground drainage pipes, which are discharged to the street.
• Comment: Neighborhood Aesthetic - Ms. Neary stated that since the property located at 37 Terra Bella Drive sits at a higher elevation than her property, the carport and shed will result in an eyesore and a looming building. It is her understanding that the property owner intends to park their Bowlus trailer, which is all aluminum clad. Once the sun hits the trailer, it will be blinding viewed from her property.
Staff Response In the letter of response from the applicant to Ms. Neary, the applicant mentioned that the trailer is parked on the opposite side to Ms. Neary’s property and concealed by a 7-foot fence, see Attachment C. During Staff’s site visit to the project property, Staff noticed a parked car in the driveway where the proposed carport will be located. The applicant confirmed that the carport will provide shelter to that side of the driveway that is currently used as an off-street parking space, as shown in the site visit photographs (Attachment G). There is existing landscape along the driveway that provides a natural barrier between both properties, see site visit photographs (Attachment G and H). The proposed carport and shed will be screened by this existing landscape, which includes a 12-15 feet hedge planted.
• Comment: Maintaining the integrity of the properties and established setbacks - The addition of the carport and larger shed at a higher elevation than the property located at 25 Terra Bella Drive will block the hillside views, infringe on the Ms. Neary’s privacy and create a looming structure next to the driveway, house and backyard. A Variance will damage the intent of the established setbacks created to maintain the integrity of the properties, their privacy and aesthetics.
Staff Response: The parcel is within the R-15 Single-Family Residential Zoning District which provides the minimum development standards for lot size, average width, building height and setbacks. However, pursuant to County Code section 26-2.2006 - Variance, conditional use and special permits - Variance permit standards, an application for a variance can be submitted to request a modification to the zoning regulations. There is evidence to grant the Variance request as proposed by the applicant, (see Attachment A - Findings and Conditions of Approval). The design and size of the carport and shed will match the aesthetic of the neighborhood to minimize visual impacts.
• Comment: Sewer Easement - Ms. Neary states that there is a sewer easement on the right (south) side of the property. The proposed project will introduce additional infringements to the property.
Staff Response: The proposed project will be located on the western side of the property towards the front. This area is not near the right (south) side of Ms. Neary’s property.
IX. STAFF ANALYSIS AND DISCUSSION
A. General Plan: The subject property is located within the Residential-Low Density (RL) General Plan land use designation. This designation allows for detached single-family homes and accessory buildings and structures. The project is for the construction of a carport with a shed, which are both accessory buildings to the primary residence. As such, the proposed development is consistent with the Residential-Low Density land use designation.
B. Zoning: The subject property is located within the Single-Family Residential District (R-15) zoning district which is intended to promote the development of uses normally associated with single-family residential. Contra Costa County Code Section 84-4.402 - Uses-Permitted (1) states that “a detached single-family dwelling on each lot and accessory structures and uses normally auxiliary to it,” is a permitted use. The proposed project includes the construction of a carport and shed, which are both allowed to use per the R-15 district.
The subject property is subject to the R-15 Development Standards. The project will meet all development standards with the exception to Section 84-4.1004 - Yard-Setback. The table below indicates that even with the approval of the variance request, the project will meet all development standards of the R-15 Zoning district in building height as well as the rear and side setback.
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Development Standard |
R-15 Minimum Requirements |
Proposed Project |
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Building Height (accessory building) |
15 feet maximum |
12 feet 8 inches max. |
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Side Yards* |
10 feet minimum and 25 feet aggregate |
3 feet minimum and a 15 feet aggregate(proposed) |
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Front Yard |
20 feet |
36 feet |
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Rear Yard |
15 feet |
53 feet |
* Variance request for side setback (including aggregate)
C. Appropriateness of the Use: The proposed project is a detached carport with a shed next to an existing one-story single-family residence. The surrounding neighborhood, especially on the east side, features properties with attached carports providing two or more off-street parking spaces. Across from the property, on the east side, neighboring properties have attached carports for two or more off-street parking spaces. Given that Terra Bella Drive is a cul-de-sac, street parking is limited, the addition of off-street parking space will be beneficial. The proposed carport will provide an additional off-street parking space, ensuring compatibility with the neighborhood's design. Furthermore, the carport and shed will match the roof height of the existing garage, minimizing visual impacts to adjacent neighbors. Both structures are permitted uses within the R-15 zoning district.
X. CONCLUSION
Staff finds that the proposed development is consistent with the Residential-Low General Plan land use designation and complies with the intent and purpose of the Single-Family Residential District (R-15), zoning district. Therefore, staff recommends the Zoning Administrator approve County File #CDVR25-01045, subject to the attached Findings and Conditions of Approval.
Attachments:
A. Findings and Conditions of Approval
B. Public Hearing Request Letter from Margaret A. Neary
C. Response Letter from Applicant to Margaret A. Neary
D. Maps - Parcel Maps, Aerial Map, Zoning Map, General Plan Map
E. Agency Comments
F. Project Plans
G. Site Visit Photographs for 37 Terra Bella Drive
H. Site Visit Photographs for 25 Terra Bella Drive