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Project Title: |
258 Amherst Avenue Kensington Design Review Development Plan |
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County File(s): |
CDDP24-03035 |
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Applicant/Owner: |
Leila Ghaz (Applicant) / Marjan Rusta (Owner) |
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Zoning/General Plan: |
R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / RM Residential Medium Density |
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Site Address/Location: |
258 Amherst Avenue in the Kensington area of unincorporated Contra Costa County. (Assessor’s Parcel Number 570-060-006) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15301(e)(1) |
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Project Planner: |
Maria Lara-Lemus, Planner I; (925) 655-2904; maria.lara-lemus@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 Kensington Design Review Development Plan for the construction of a new 200 square-foot deck on the upper floor at the rear of the existing 2,992 square-foot residential building. The applicant also requests a Variance to allow a 9-foot rear yard setback (where 15 feet is the minimum required) to accommodate the new deck.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Section 15301(3)(1) of the CEQA Guidelines.
B. APPROVE Kensington Design Review Development Plan CDDP24-03035 for the construction of a new 200 square-foot deck on the upper floor at the rear of the existing residential building, including the Variance for a 9-foot rear yard setback (where 15 feet is the minimum required) to accommodate the new deck, 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 District: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15301(e)(1), Existing Facilities, Class 1 exemption for an addition to an existing structure., where the addition will not be more than 50 percent of the existing floor area or 2,500 square feet, whichever is less.
D. Previous Applications:
1. CDVR08-01025: This Variance Permit to allow a 0-foot front yard setback (where 20 feet is the minimum required) to legalize an existing 51 square-foot, 10-foot 6-inch tall pergola with a gate structure was approved by the Zoning Administrator on April 16, 2012.
2. CDVR14-01008: This Variance Permit to allow 6-foot 6-inch rear yard setback (where 15 feet is the minimum required) to repair and rebuild an existing rear deck at the rear of the existing residential building was approved by the Zoning Administrator on May 9, 2014.
3. CDSU25-00071: This Accessory Dwelling Unit (ADU) Permit to legalize the internal conversion of the lower floor of the existing residence into an attached ADU was approved by the Zoning Administrator on May 22, 2025.
IV. SITE/AREA DESCRIPTION
The subject property is a 5,880-square-foot parcel located within a single-family residential neighborhood in the Kensington area, at an elevation of approximately 550 feet. The subject property, along with the residences on the west side of Amherst Avenue, are positioned on a downslope. The high elevation and residential designs that accommodate the hilly terrain provide expansive views towards San Francisco Bay, showcasing landmarks such as the Golden Gate Bridge, and the Bay Bridge. Generally, the surrounding area consists of two-story, and some three-story residences. The subject parcel slopes downwards from Amherst Avenue from an elevation of approximately 550 feet to 520 feet at the western property line. This topography creates conditions that are suitable for multi-level home designs with entrances at each level.
V. PROJECT DESCRIPTION
The applicant requests approval of a Kensington Design Review Development Plan to allow the construction of a new 200 square-foot deck on the upper floor at the rear of the existing 2,992 square-foot residential building. The new deck will increase the gross floor area of the building to 3,192 square feet. The applicant also requests a Variance to allow a 9-foot rear yard setback (where 15 feet is the minimum required) to accommodate the new deck.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on August 13, 2024, to a number of public agencies, including the Building Inspection Division, the Environmental Health Division of the Health Services Department, the Kensington Fire Protection District, the Stege Sanitary District, the East Bay Municipal Utility District, the City of El Cerrito, the Kensington Municipal Advisory Council, and the Contra Costa Mosquito and Vector Control District. The Agency Comment Request packet was also sent to Darwin Myers Associates, the County Peer Review Geologist. Agency comments received by staff are included in Attachment D. Following are summaries of the comments received.
A. East Bay Municipal Utility District: The Utility District submitted an email on August 13, 2024, stating that the District has no comment on the subject property.
B. Kensington Municipal Advisory Council (KMAC): The District 1 Supervisor’s Office submitted an email on October 1, 2024, stating that the Kensington MAC unanimously recommended approval of the application at their September 25, 2024 meeting.
VII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The CDDP25-03035 application was deemed complete prior to adoption of the 2045 General Plan on November 5, 2024. Accordingly, in addition to consistency with the 2045 General Plan, this analysis includes General Plan consistency based on the 2005-2020 General Plan.
The subject property is located in the RM Residential Medium Density General Plan land use designation. The RM designation is intended to promote higher density single-family and lower density multiple-family residential development with lot sizes typically in the range of 2,500 to 6,000 square feet. The residential building on the property is a single-family residence with an attached ADU allowed under the CDSU25-00071 ADU Permit. Regarding residential density, the density range for the RM designation is 7-17 units per net acre. The property has a residential density of 9.88 units per net acre. Thus, the property is consistent with the RM designation of the 2045 General Plan.
In the 2005-2020 General Plan, the subject property had a land use designation of SH Single-Family Residential High over the northern half of the property and a CO Commercial designation over the southern half of the property. (See General Plan map in Attachment B.) The SH designation allows detached single-family residences and accessory buildings and structures at a residential density of 5.0-7.2 units per net acre. The residence on the property has a residential density that exceeds the maximum density for the SH designation; however, according to Assessor’s information, the residence was originally constructed in 1941, which predates the effective date of the 2005-2030 General Plan. The CO designation allows a broad range of commercial uses and is mapped over the southern portion of Arlington Avenue and Amherst Avenue. This designation accommodates the office building at 267 Arlington Avenue, which is adjacent to the subject property to the west.
Specific Area Policies of the 2005-2020 General Plan: The Land Use Element of the 2005-2020 General Plan includes policies for specific geographic areas of the unincorporated County. The intent of the Specific Area Policies is to provide policies that pertain to the unique characteristics and needs of each identified area. The subject property is located within the Kensington Specific Policy Area and Policies 3-211 through 3-214 for the Kensington area apply to the new deck project. The proposed deck is consistent with each of the applicable policies, as detailed below.
1. Kensington Area Policy 3-211 requires the review of new residential development that provides reasonable protection for existing residences in the Kensington Community with regards to: views, design compatibility (including building bulk, size, and height), adequate parking, privacy, and access to sunlight.
The following analyzes the project’s impacts on these residential amenities.
• Views: The construction of the deck will not impact any surrounding views as defined in Chapter 84-74 - Kensington Combining District (-K), Section 84-74.404(r). Given that the view of the San Francisco Bay is visible when looking west, the new deck, which is located at the rear (western end) of the residence away from other properties, will not have an impact on the existing views.
• Design Compatibility; Bulk: The new deck will slightly change the residence’s bulk and will have a less than significant impact on design compatibility with neighboring residences.
• Design Compatibility; Size: The change in size of the residence created by the new deck change is marginal. As such, the scale of the proposed new residence will remain compatible with the neighborhood.
• Design Compatibility; Height: The new deck does not increase the overall height of the residence. Therefore, the residence as proposed remains compatible with the neighboring residences.
• Adequate Parking: R-6 Zoning District standards require two off-street parking spaces unless the parcel was created prior to September 9, 1971, in which case a single parking space would be required. The subject property was created in 1912, and therefore only one parking space is required. The residence includes two parking spaces, which exceeds off-street parking requirements.
• Privacy: Elevated decks are common in the neighborhood. The new deck at the rear of the residence is 200 square feet in area and will not provide significant views into adjacent properties. Thus, this addition will have a negligible impact on adjacent neighbors.
• Access to Light: Due to the small scale and location away from adjacent properties, the new deck will not impact neighboring residences’ access to light.
2. Kensington Area Policy 3-212 requires the preservation of views of scenic natural features (e.g.: bay, mountains) and the developed environment (e.g.: bridges, city skyline) be incorporated into the review of development applications.
San Francisco Bay and some natural and built features within it, like the bridges and city skylines, are visible from the Amherst Avenue neighborhood. The new deck is located at the rear of the property on a slope facing the San Francisco Bay. The new deck will be located at the western end of the residence, away from the higher elevations at Amherst Avenue. As such, the preservation of scenic views continues to be part of the property's design concept.
3. Kensington Area Policy 3-213 Requires the review of proposed residential development for design compatibility with nearby development (e.g.: building mass, height, mechanical devices) and the provision of adequate parking.
As discussed in Kensington Area Policy 3-211 above, the project design would meet the design compatibility requirements.
4. General Plan Policy 3-214 Requires new residential development to be reviewed against realistic impacts of privacy and sunlight on surrounding neighbors.
As discussed in Kensington Area Policy 3-211 above, impacts to privacy and sunlight are not expected.
5. General Plan Policy 3-215 requires consideration be given to review of non-residential development in the Kensington community with policies 3-211 through 3-213 herein.
The project includes adding a new deck to an existing single-family residence, and is not a non-residential development. Therefore, this policy does not apply.
B. Zoning Compliance: The subject property is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District.
The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The project consists of adding a new deck to an existing residence; as such the project is substantially consistent with the intent of the R-6 Zoning District.
The intent of the Tree Obstruction of Views Combining District is to establish the right of a property owner to seek the restoration of views and sunlight that existed when the property owner purchased the property as well as the restoration of these views when they are unreasonably obstructed by the growth of trees on another property. As the obstruction of views has not been raised with the new deck project and the subject property does not have any obstructing trees, the project has no conflict with the regulations of this combining district.
Section 84-74.802 of the County Code sets the gross floor area threshold standard for projects within the Kensington Combining District. Projects that exceed the specific lot threshold require a public hearing. For the 5,580 square-foot subject property, the gross floor area threshold standard is 2,700 square feet. The proposed deck will increase the gross floor area on the property from 2,992 square feet to 3,192 square feet, which exceeds the 2,700 square-foot threshold standard. The threshold requirement's purpose is to ensure that development is reviewed for consistency with community values, which include the preservation of views, light and solar access, privacy, parking, residential noise levels, and compatibility with the neighborhood in terms of height, size, bulk, and scale. As discussed in the General Plan Consistency section above, the proposed new residence adequately addresses each of these -K District concerns.
C. Appropriateness of Use: The project includes the addition of a new deck to the upper floor of an existing residential building. The deck enhances the livability of the upper floor residence. Since the Amherst Avenue neighborhood has been developed with residential uses since the 1900’s, the deck addition is appropriate at this location.
VIII. CONCLUSION
The proposed construction of the new deck is consistent with the RM land use designation of the 2045 General Plan and the Kensington Area Policies of the 2005-2020 General Plan, and complies with the applicable development standards for the R-6 District with approval of a variance for a 9-foot rear yard setback (where 15 feet is the minimum required) and the Kensington Combining District. Staff recommends that the Zoning Administrator approve Kensington Design Review Development Plan CDDP24-03035 to construct a new 200 square-foot deck on the upper floor at the rear of the existing 2,992 square-foot residential building with a variance of the required rear yard setback for the R-6 District, based on the attached findings and subject to the attached conditions of approval.