CONTRA COSTA COUNTY - File #: 25-179

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Project Title:	Carnelian Residential Care Facility for the Elderly
County File(s):	CDLP23-02046
Applicant Owner:	Nathan Watkins Carnelian Holdings LLC
Zoning/General Plan:	Zoning: Single-Family Residential District (R-10) General Plan: Single-Family Residential (SH)
Site Address/Location:	2374 Warren Road, Walnut Creek, CA APN: 184-120-071
California Environmental Quality Act (CEQA) Status:	Categorical Exemption, CEQA Guidelines Section 15301(e)(2) - additions to existing structures that do not exceed 10,000 square feet.
Project Planner:	Everett Louie, Planner II (925) 655-2873
Staff Recommendation:	Approve (See Section II for Full Recommendation)

I. PROJECT SUMMARY

The applicant requests approval of a Land Use Permit to allow a residential care facility for the elderly for up to 18 persons. The project also includes the construction of a two-story, approximately 2,665-square-foot addition to the existing residential care facility and is proposing six parking spaces. The project includes a variance to the off-street parking driveway aisle width of 16’-5” (where 25’ is the required for two-way travel). The project includes approximately 67.6 cubic yards of cut and approximately 33.8 cubic yards of fill for site improvements.

II. RECOMMENDATION

The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the Zoning Administrator:

A. OPEN the public hearing on the Land Use Permit to establish a residential care facility for the elderly, RECEIVE testimony, and CLOSE the public hearing.

B. APPROVE Land Use Permit CDLP23-02046 to establish a residential care facility for the elderly, based on the attached findings and Conditions of Approval.

C. DETERMINE that the proposed project is categorically exempt from CEQA under Section 15301(e)(1) of the CEQA Guidelines.

D. DIRECT Staff to file a Notice of Exemption with the County Clerk.

III. GENERAL INFORMATION

1. General Plan: The subject property is designated Single-Family Residential High-Density (SH).

2. Zoning: The subject property is located within the Single-Family Residential (R-10) zoning district.

3. California Environmental Quality Act (CEQA) Compliance: The project is categorically exempt pursuant to CEQA Guidelines Section 15301(e)(2), which identifies the construction of an addition of 10,000 or less as being exempt from CEQA and that the project is in an area is where all public services and facilities are available and is in an area that is not environmentally sensitive. The proposed project is to build an addition of approximately 2,665-square feet to expand an existing residential care facility for the elderly. The project is located in an area where all the public services and facilities are available including water, sanitation and fire protection services and is not located in an area that is environmentally sensitive. The site has been established with a residential care facility and is in a developed area of Walnut Creek. The environment is already pre-disturbed and thus, not considered sensitive. Therefore, construction of an approximately 2,342-square-foot addition is consistent with CEQA Guidelines Section 15301(e)(1).

4. Lot Creation: The subject property is 0.29 acres and is Parcel B of Minor Subdivision MS73-225 which was recorded on February 11, 1974.

5. Previous Applications:

1) County File 225-73: This application was a Minor Subdivision application to divide a 1.2-acre parcel into two parcels. This was approved by the Board of Adjustment on November 21, 1973.

2) County File 2155-75: This application was a Land Use Permit to establish a resident care home for six elderly people. This was approved by the Board of Adjustment on November 13, 1975.

IV. BACKGROUND

The project was first submitted as County File #CDLP23-02045 on October 2, 2023. The project was scheduled for a public hearing before the Zoning Administrator on May 20, 2024. On May 20, 2024, hearing, the Zoning Administrator opened the public hearing to receive testimony from the applicant and neighbors. During the hearing, the Zoning Administrator continued the item as an open public hearing to the June 17, 2024, Zoning Administrator meeting in order to further consider the project. At the June 17, 2024, hearing, the Zoning Administrator opened the public hearing for this project and public comments were received primarily in opposition to the project. The Zoning Administrator continued the project to the July 1, 2024 hearing as an open public hearing and advised the applicant/property owner to contact the neighbors to discuss the project. At the July 1, 2024 hearing, the Zoning Administrator continued the public hearing indefinitely at the request of the applicant in order to allow the applicant and the neighbors to discuss the project and for the applicant to make changes to the project to address neighborhood concerns.

At the request of the Zoning Administrator, the applicant invited the neighborhood to discuss the project on October 1, 2024. (See attached Community Meeting Notes). During this meeting, the applicant and neighbors discussed the topics of concern and any changes/revisions that will be made to address these concerns. During the meeting, the applicant proposed new revisions to address neighbor concerns. A further discussion on the changes can be found in the section title “Revisions to address concerns,” under Staff Analysis below.

V. SITE/AREA DESCRIPTION

The subject site is a 0.29-acre lot with the address of 2374 Warren Road in the unincorporated Walnut Creek area of Contra Costa County. The parcel is located within a transitional residential neighborhood in between Boulevard Way to the north and Olympic Boulevard to the south. Highway 24 is approximately 1,500 feet to the north and Highway 680 is approximately 2,000 feet to the east. The property fronts Warren Road to the south. Currently, the property contains a 2,072 square foot building currently being used as a six-person residential care facility for the elderly. The site currently has various landscaping and two accessory structures for residents’ recreational use.

To the immediate west are two parcels (184-120-077 and 184-120-073) that are owned and operated by the applicant as residential care facilities for the elderly. To the immediate east and south is single-family residential development. Immediately north is a large condominium complex. Farther out north and west from the project site, the uses become transitional which include apartment complexes, churches and religious institutions, and small park and shop/commercial establishments. Within a 2,100-foot radius are three other residential care homes not owned by the applicant including Senior Care Choices at 1280 Boulevard Way, Gines Residential Care Homes at 2236 Whyte Park Ave and Bethel Care Home Inc at 36 Cottage Lane. Parcels to the east, south and west are zoned R-10 while parcels north are M-29 and R-B zoned. The subject parcel is approximately 1,270 feet south of the Highway 24 and Interstate 680 interchange.

VI. PROJECT DESCRIPTION

The applicant requests approval of a Land Use Permit to allow a residential care facility for the elderly for up to 18 persons. The project consists of the following aspects:

• Construction of a two-story, approximately 2,665-square-foot addition to the existing residential care facility.

• Establishment of six (6) parking spaces. Three off-street parking will be compact parking spaces, two will be accessible and one will be standard.

• 67.6 cubic tards of cut and 33.8 cubic yards of fill.

• The new two-story, approximately 2,665-square-foot addition will consist of an elevator and staircase and the following rooms:

Floor 1:

• Bedroom 7, 9 - 144 SF with private bathroom

• Bedroom 8 - 156 SF with private bathroom

• Bedroom 10, 11 - 145 SF with private bathroom

• One (1) walk in shower (57 SF)

• One (1) lounge room (450 SF)

• One (1) elevator machine room (49 SF)

• One (1) Janitor Closet (26 SF)

• One (1) lobby (89 SF)

• One (1) laundry room with medicine storage room (101 SF)

• One (1) corridor connecting all rooms (705 SF)

Floor 2:

• Bedroom 12 - 168 SF with private bathroom

• Bedroom 13 - 164 SF with private bathroom

• Bedroom 14 - 165 SF with private bathroom

• Bedroom 15 - 138 SF with private bathroom

• Bedroom 16, 17 - 137 SF with private bathroom

• Bedroom 18 - 153 SF with private bathroom

• One (1) walk in shower (61SF)

• One (1) Family Room (248 SF)

• One (1) corridor connecting all rooms (358 SF)

The applicant would increase the current bed count from six (6) beds to eighteen (18) beds. The California Licensed Residential Care Facility would provide care for the elderly including assistance with daily living. The operation will provide a 24-hour nonmedical care and supervisory care to elderly clients who need assistance. The operation will include two (2) full-time caretaker staff in the morning and one (1) full-time caretaker staff at night. Additionally, there shall be an Administrator Staff Person present at the facility Monday through Friday between the hours of 9:00 AM and 8:00 PM. Visitation hours will be daily from 8:00AM through 7:00 PM. Deliveries for the operation include food deliveries twice a week on Monday and Thursday and medical supplies on Tuesday or Wednesday. Residents will not be allowed to have their private vehicles on site. Transportation services will be provided by the facility at the request of the resident. Additionally, all meals will be catered daily, limiting the use of cooking and food preparation to only authorized individuals only.

VII. AGENCY COMMENTS

1. Contra Costa County Advanced Planning: Advanced Planning sent an email dated November 16, 2023, stating that they had no comments and that the project is consistent with the General Plan.

2. Conta Costa County Transportation Planning Section: Transportation Planning Section sent an email on January 5, 2024, stating that they had no comments.

3. Contra Costa County Housing Programs: In a memo dated October 25, 2023, Housing Programs stated that the project is exempt pursuant to Section 822-4.408(a)(4) of the County Ordinance because it is a community care facility.

4. East Bay Municipal District: In a memo dated October 30, 2023, the water district is requesting that the project sponsor contact EBMUD’s New Business Office.

5. Contra Costa County Public Works-Engineering Services Division: In a memo dated February 20, 2024, Public Works provided their recommended conditions of approval that address roadway improvements, street light financing, utilities, drainage, stormwater management and the pollutant discharge.

6. Comments were solicited from the following agencies, however as of the date of this Staff Report, no comments were received from: Contra Costa County Building Inspection Division, Contra Costa County Environmental Health, Contra Costa County Public Works Department - Traffic, Contra Costa County Fire Protection District, Central Sanitary District, City of Walnut Creek, Saranap Community Association, Contra Costa Mosquito & Vector Control District.

VIII. STAFF ANALYSIS

1. General Plan Consistency: The proposed elderly residential care facility will be replacing an existing elderly care facility within a Single-Family Residential High-Density (SH) land use designation. In the General Plan, primary and secondary land uses permitted in the SH are the same as the SL which include residential care facilities. Therefore, the General Plan stipulates that small residential care facilities is a permitted use in the SH land use designation, however, the General Plan does not define the number of beds that constitute a small residential facility. However, the R-10 residential zoning district - which is consistent with the SH land use designation specifically allows for residential facilities where 7 or more persons reside with a land use permit. See County Ordinance Code, Section 84-8.404, referring to Sections 84-4.404(1) (convalescent homes). The proposed facility consisting of eighteen beds is not considered inordinately large for the site, as evidenced by the previous residential elderly care facility permitted at the site and the lack of complaints or code enforcement cases for this facility. Moreover, the use of a residential care facility has long been established for this area and the proposed project will not deviate from that use.

The project is subject to goals/polices of the Land Use Element of the General Plan.

• Policy 3-8 - Infilling of already developed areas shall be encouraged.

Staff Response: The site as mentioned previously, is established as a residential care facility in a developed area of Walnut Creek. The project will further develop the site, making use of the entire parcel in an infill development where existing utilities are in place.

• Policy 3-21 - The predominantly single-family character of substantially-developed portions of the county shall be retained.

Staff Response: The site is located in the SH General Plan. This general plan designation states that residential care facilities are compatible with single-family neighborhoods in terms of design and character. Moreover, the project would not impact the single-family character of the neighborhood because the use if considered a residential use per Government Code 65583.

• Policy 3-23 - A diversity of living options shall be permitted while ensuring community compatibility and quality residential development.

Staff Response: The project will provide housing for individuals who need specialized care. A residential care facility provides additional living options for aging individuals while still retaining the residential neighborhood qualities.

The project is also subject to the Housing Element of the General Plan.

• Short Term Goal 4 - Increase the supply of appropriate and supportive housing for special needs populations.

Staff Response: The site has been maintained as an elderly care facility since 1975. The project will increase the number of beds and services in the facility so that more elderly individuals who need care can receive it within the Community. The project will increase the supply of housing opportunities for elderly individuals.

• Goal HE-3 - Increase the supply of appropriate and supportive housing for special-needs populations.

Staff Response: This goal is very similar to the short term goal 4. As mentioned above, the project will increase the number of beds and services in the facility so that more elderly individuals who need care can receive it within the Community. The project will increase the supply of housing opportunities for elderly individuals.

• Policy HE-P3.4 - Encourage housing programs that provide wrap-around

social and supportive services for residents in need of services.

Staff Response: The project is a housing development that will provide supportive services to elderly residents in the immediate neighborhood.

• Policy HE-P7.3 - Enhance the opportunity for seniors, persons with disabilities, large households, single parents, persons with HIV/AIDS, persons with mental illness, and farmworkers to have access to housing.

Staff Response: The project is a residential care facility for the elderly that will provide enhanced housing opportunities for seniors who need care.

2. Consistency with Zoning: The subject property is located within the Single-Family Residential Zoning District (R-10). The R-10 allows for residential care facilities for the elderly as a permitted use for six or fewer patients, and with the review and approval of a Land Use Permit for seven or more patients (County Code Section 84-4.404(1)-Convalescent homes. Therefore, the applicant is applying for a land use permit to establish a Residential Care Facility for the Elderly for up to 18 persons. A residential care facility for the elderly falls under convalescent home use and therefore, the project is allowed use with a land use permit. Moreover, the proposed addition will meet the R-10 development standards as follows:

R-10 Standards	Proposed Project
Building Height - 2.5 stories or 35’ in height	25’ from exterior view 27’-6” feet height at the elevator shaft* (deepest portion)
Yard Side - 20’ aggregate, 10’ min	First Floor - 22’ aggregate, 10’-5 ½”min * at closest side yard and 12’-3 ½” side yard towards the south. Second Floor - 26’ aggregate, 14’5 ½”min*
Yard Front - 20’	41’ front
Yard Rear - 15’	15’ rear
Parking - 1 Spc / 3 beds 18 beds = 6 Spc	6 Parking Spc

*This represents a revision to the project to address neighborhood concerns. See section #6 revisions to address concerns for more detailed analysis.

The proposed project, which is a residential care facility for the elderly is considered a residential use by the State of California and thus, is considered compatible within the R-10 zoning district which allows residential uses and uses ancillary to them. Moreover, a Residential Care Facility is an allowed use with approval of a Land Use Permit. Finally, the project meets the R-10 zoning development guidelines in regard to height, setbacks and parking spaces provided. Therefore, the project does not conflict with the R-10 Zoning District and is an appropriate use for this site.

3. Off-Street Parking: Contra Costa County’s Off-Street Parking Ordinance (Chapter 82-16) requires one space per every three beds, which would equal to six (6) parking spaces required for this 18-bedroom facility. As stated in the Zoning section of this Staff Report, the project will provide six parking spaces, three of which will be compact, two will be accessible and one will be standard size. Therefore, the project will provide enough spaces to comply with the Off-Street Parking Ordinance. The subject property has established the off-street parking spaces within the front hardscape area since the establishment of the residential care facility in 1975. Historical use of the property shows that the front area has always been used for parking and access to the property. The project would enhance the existing off-street parking area with new striping and by complying with the off-street parking ordinance requirements of landscaping between parking areas. The project is proposing a landscape area adjacent to the parking area that is bordered by a curb at least six inches high and six inches wide. The landscaping area is designed to meet the requirements of the off-street parking ordinance. Lastly, per the Off-Street Parking Ordinance, the project will be required to provide two long-term bicycle parking spaces and two short-term bicycle parking spaces (Health Care/Hospitals Use). The applicant is required to submit a revised site plan indicating the location of the required bicycle parking spaces during the condition of approval phase.

4. Variance: There is a variance request to design the layout of the parking spaces pursuance to the Off-Street Parking Ordinance as described above. The applicant is requesting an approximately 16’-5” driveway aisle width (where 25’ is required for two-way travel). The findings to grant the variance request can be found in the Findings and Conditions of Approval Section of this Staff Report.

5. Appropriateness of Use: The residential care facility for the elderly was first established under County File 2155-75 which was approved by the Board of Adjustment on November 13, 1975. This permit allowed for a resident care home for six elderly people. The site has been used for a residential care facility for over 40 years and the proposed project will continue that use. As stated in the Staff Report, the project is consistent with the SH General Plan Land Use Designation and the R-10 Zoning District including the development standards. Moreover, the project is in an area that has established residential care facilities. Within a 2,100-foot radius are three other residential care homes not owned by the applicant including Senior Care Choices at 1280 Boulevard Way, Gines Residential Care Homes at 2236 Whyte Park Ave and Bethel Care Home Inc at 36 Cottage Lane.

6. Revisions To Address Concerns: As mentioned in the background section of this Staff Report, the applicant and interested neighbors had a meeting on October 1, 2024, to discuss redesigning the project to meet as many concerns as possible. The meeting minutes are provided as an attachment to this Staff Report titled “Community Meeting Notes”. At the meeting, the applicant and owner group discussed potential design changes and presented these changes to the neighborhood. Below is a brief summary of the changes including the proposed revision and how they will address neighborhood concerns.

• Reduced the number of people from 20 (originally) to 18.

• Overall height decreased at the elevator shaft from 29’-6” to 27’-6” and a decreased building height as viewed from looking at the building from the outside 27’ to 25’.

• Increased the side yard of the first story from the neighbors to the east from 10’ to 10’-5 ½” at the northern most portion of the project and increased the side yard of the southern most portion of the project from 10’ to 12’-3 ½”.

• Increased the side yard of the second story from the neighbors to the east from 10’ to 14’-5 ½”.

• The location of elevator was moved towards the rear of the project, is lowered by approximately 2’ and the elevator shaft roof is flush with the proposed building roofline to reduce visual impacts and to create a cohesive roofline.

• Changed the exterior finishes to board & batten to match existing residential homes along Warren Road to create a more residential feel to the building.

• Added more windows to break up exterior massing and mimic a typical two-story residential structure.

• Added dormers and a decorative awning to break up massing and to resemble a more traditional two story home.

• Added additional landscaping along the eastern property line to include new cypress trees which will reduce the visual impact on properties to the east. Staff has included condition of approval #16 which requires the applicant to plant and maintain the cypress trees.

• Provided a shadow study which evaluated the potential impact to sun on adjacent neighbors. The shadow study which evaluated the project at the worst case scenario (dusk), showed that the new second story building addition will not cast a shadow onto the solar panels of adjacent neighbors. Staff has also included a condition of approval #11 that sets a maximum building height for any future additions to the project.

• Staff has included condition of approval #18 which limits delivery vehicles to specific hours to prevent traffic during peak hours of travel.

The photos below show the before and after and highlight some of the major revisions listed above to address the neighbors’ requests. For ease of comparison, staff has included the before and after photos to show how the applicant has designed the project to look like a residential unit versus a commercial care facility. This includes utilizing similar exterior materials and creating a more cohesive roofline. Lastly, the photo simulation shown in photo 3 shows the decrease in roof line elevation of the second story shortening and moving the elevator shaft to the rear. This revision removes that bulky tower like structure from the front and softens the front elevation.

BEFORE

AFTER

BEFORE

AFTER

BEFORE

AFTER

7. Traffic and Circulation: The subject parcel has frontage along and gain access from the publicly maintained Warren Road. Warren Road at this location is a 30-foot roadway within a 50-foot right-of-way and is proposed to become a 40-foot roadway within a 60-foot right-of-way. Frontage improvements have already been completed on this project’s side of the street. Existing frontage improvements along Warren Road include a 5-foot sidewalk, curb, and gutter broken by a single 26-foot-wide driveway. No additional frontage improvements are required as part of this project. No roadway widening or right-of-way dedication are required as part of this project.

The existing pavement along the front of the property provides vehicle access to that of the assisted living facility to the west and will continue to do so following this project. Seven on-site parking spaces are currently proposed by this project in front of the buildings.

The applicant should provide exhibits showing ingress and egress movements from Warren Road to and from the newly designated parking spaces. These exhibits shall demonstrate that exiting vehicles from the proposed development can do so in a forward direction.

8. 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 public storm drainage system which conveys the storm water to an adequate natural watercourse.

According to County elevation data, runoff from the project site drains south towards Warren Road. No proposed drainage facilities are shown on the site plan. Water flows west along the gutter until it reaches a 15-inch RCP that drains south into Las Trampas Creek. The applicant will need to demonstrate how the proposed development satisfies the County’s collect and convey requirements.

9. 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. This project proposes to construct approximately 2,400 square feet of impervious surface within the second residence, which is below the threshold requiring submittal of a SWCP.

10. Floodplain Management: The project does not lie within the Special Flood Hazard Area (100 year flood boundary) as designated on the Federal Emergency Management Agency’s Flood Insurance Rate Map.

11. Lighting District Annexation: The subject property is not annexed into the lighting district. The property owner will be required, as a condition of approval, to annex into the County Facilities District 2010-1 formed for Countywide Street Light Financing.

12. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit, as adopted by the Board of Supervisors. The fees shall be paid prior to issuing of building permits.

13. Drainage Area Fee: The property is located within unformed Drainage Area 121. There is currently no fee ordinance adopted by the Board of Supervisors for this area.

IX. CONCLUSION

The proposed project to allow a residential care facility for the elderly for up to 18 persons and the construction of a two-story, approximately 2,665-square-foot addition is compatible with the existing use of the parcel, the surrounding area, the General Plan and the Zoning Ordinance. The applicant has revised the project to address many of the concerns the neighborhood had in regards to compatibility. Therefore, Staff recommends that the Zoning Administrator approve County File #CDLP23-02046, based on the attached Findings and Subject to the attached Conditions of Approval.

ATTACHMENTS

Attachment A - Findings and Conditions

Attachment B - Maps

Attachment C - Agency Comments

Attachment D - Project Plans including Shady Study

Attachment E - Applicant Response To Community

Attachment F - Community Meeting Notes