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Project Title: |
100 Discovery Bay Boulevard Development Plan |
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County File Number: |
CDDP24-03056 |
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Appellants: |
Dave and DeAnna Turcotte |
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Applicant/Owner: |
Bhavana Shah, Talon Design Group (Applicant) / Edward Allen (Owner) |
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Zoning/General Plan: |
P-1 Planned-Unit District, -UE Urban Farm Animal Exclusion Combining District / RLM Residential Low Medium Density |
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Site Address/Location: |
100 Discovery Bay Boulevard in the Discovery Bay area of unincorporated Contra Costa County (Assessor’s Parcel Number: 004-490-027) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15303(e) |
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Project Planner: |
Allison Seoane, Project Planner (925) 655-2871 |
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Allison.Seoane@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
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I. PROJECT SUMMARY
This is an appeal of the Zoning Administrator’s decision to approve a Development Plan to modify Final Development Plan CDDP74-03014 to allow a 0-foot rear yard (where 15-feet is the minimum required) for a rear deck that will be attached to a new single-family residence on a vacant lot.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission:
A. DENY the appeal.
B. FIND that the project is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines.
C. UPHOLD the Zoning Administrator’s approval of County File CDDP24-03056, based on the attached findings and subject to the attached conditions of approval.
D. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: RLM - Residential Low Medium Density.
B. Zoning: P-1 Planned-Unit District, -UE Urban Farm Animal Exclusion Combining District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines, Section 15303(e), New Construction of Small Structures, which provides a Class 3 exemption for the construction of accessory structures like the subject deck.
D. Previous Applications:
1. CDRZ73-1786: A Rezone of land in the Discovery Bay area from A-2 General Agricultural District and R-100 Single-Family Residential District to P-1 Planned Unit District was approved by the Board of Supervisors on August 7, 1973. The approval included the approval of the Preliminary Development Plan for the Discovery Bay area.
2. CDDP74-3014: A Final Development Plan for the RZ73-1786 P-1 area was approved by the County Planning Commission on June 3, 1975.
3. CDSD78-5353: A Major Subdivision of the P-1 area was approved by the Board of Supervisors on December 19, 1978. The subject property is Lot 27 of this subdivision, which was recorded as Tract 5353 on December 21, 1978.
4. CDCV24-00040: A Compliance Review for the review and approval of new single-family residence on the subject property was approved by the CDD on April 23, 2025. Building Permit application BIR25-004601 is currently being reviewed by the Building Inspection Division for the single-family residence.
IV. BACKGROUND
A. Previous CDCV24-00040 Compliance Review Application: Compliance Review application CDCV24-00040 for a new single-family residence on the was first accepted by the CDD on August 14, 2024. The Compliance Review for the residence, without the deck, was approved on April 23, 2025.
B. Zoning Administrator Decision on the CDDP24-03056 Development Plan: While processing the CDCV24-00040 application, CDD staff notified the applicant that a Development Plan was required for the proposed attached deck in the rear yard setback. Development Plan application CDDP24-03040 was accepted by the CDD on December 19, 2024.
A Notice of Intent to Render An Administrative Decision was sent to property owners within 300 feet of the subject parcel on February 7, 2025. CDD received a letter requesting a public hearing before the Zoning Administrator (ZA) on February 13, 2025 from Dave and DeAnna Turcotte, the neighboring property owners at 90 Discovery Bay Boulevard, located adjacent to and east of the subject property. In the letter, the neighboring property owners requested an opportunity to discuss the minimum 15-foot rear yard setback.
On April 7, 2025, the CDDP24-03056 Development Plan application was heard by the ZA. After considering the testimony provided at the public hearing from four persons, including the owner, the project architect, and the 90 Discovery Bay Boulevard property owners, and the email submitted by the neighboring property owners, the ZA approved the Development Plan.
C. Appeal of the Zoning Administrator Decision: An appeal of the Zoning Administrator decision was filed on April 15, 2025, within the 10-day appeal period by Dave and DeAnna Turcotte, the 90 Discovery Bay Boulevard property owners.
V. SITE/AREA DESCRIPTION
The subject property is in a 7,200 square-foot vacant parcel on the north side of Discovery Bay Boulevard near its eastern cul-de-sac. The property and vicinity are in a residential area located inside of the urban limit line, bounded by Saint Mary’s Bay to the north and surrounded by single-family residences on all other sides, as shown on the photos in Attachment D. The applicant submitted Compliance Review application CDCV24-00040 for a new single-family residence on the parcel. The CDCV24-00040 application was approved by the CDD on April 23, 2025. The proposed deck that requires Development Plan approval to allow a 0-foot rear yard would be located at the rear of the residence. The rear yard is moderate sloping, with a topography that descends towards the water at the rear of the property.
VI. PROJECT DESCRIPTION
The subject property is in the P-1 Planned Unit District regulated by Final Development Plan CDDP74-3014. Pursuant to Final Development Plan CDDP74-3014 Condition of Approval #6, a 15-foot rear yard is the minimum required. Accordingly, the applicant requests approval of a Development Plan to modify Final Development Plan CDDP74-3014 to allow a 0-foot rear yard for a rear deck that will be attached to the new 6,414 square-foot, 2-story single-family residence on the parcel. The proposed deck would be accessible from the main floor of the residence and is approximately 1,475 square feet in surface area with an approximate height of 2.5-feet from grade.
VII. APPEAL
An appeal letter from Dave and DeAnna Turcotte, , the neighboring property owners at 90 Discovery Bay Boulevard, was received on April 15, 2025. The appeal letter is included as Attachment B. The appeal is based on two appeal points, each of which is summarized below and followed by a staff response.
A. Summary of Appeal Point #1: The single-family residence is located within the slope control area. This adversely affects views, privacy, reduced sunlight, and reduced property values.
Staff Response: Development Plan CDDP24-03056 is to allow a 0-foot rear yard for a rear deck that will be attached to the new single-family residence. The single-family residence was reviewed under Compliance Review CDCV24-00040 for compliance with the applicable Conditions of Approval for Final Development Plan CDDP74-03014. CDCV24-00040 was approved by the CDD on April 23, 2025. The associated building permit application BIR25-004601 is currently being reviewed by the Building Inspection Division. This building received Reclamation District 800 approval, and complies with setback and height requirements of Final Development Plan CDDP74-03014. Which are the R-6 Single-Family Residential District development standards, including a 20-foot minimum front yard setback, 5-foot minimum side yard, 15-foot minimum aggregate side yard, 15-foot minimum rear yard, and 35-foot maximum height or 2.5 story maximum height. The approved residence is 31-feet, 9-inches tall, and meets all minimum yard and setback requirements.
The proposed location of attached deck in the rear setback is consistent with several neighboring properties, including the adjacent properties. Moreover, the deck is only 2.5-feet above grade, conforms to side yard setback requirements, and the only deviation from R-6 standards is in the direction of the water at the rear of the property, where there are no neighbors immediately located. Furthermore, the deck extends just to the rear property line, unlike several neighboring properties that include decks that cantilever over the water past the property line. Based on the foregoing, the rear yard deck is not expected to have a significant effect on views, privacy, sunlight, or property values. As proposed, the deck is relatively low to the ground, outside of the required side yard setbacks, and compatible with the character of the neighborhood.
Finally, the slope control area is under the jurisdiction of Reclamation District #800, which is a separate entity from Contra Costa County. The concerns regarding the single-family residence within the slope control area should be discussed with the Reclamation District. Reclamation District #800 has separate review requirements that the project proponent is responsible to satisfy. Plans with the Reclamation District’s approval stamps were provided showing that the project received District approval on November 7, 2024.
B. Summary of Appeal Point #2: The 0-foot rear yard should not be allowed as Final Development Plan CDDP74-03014 requires a 15-foot minimum rear yard.
Staff Response: While the Final Development Plan CDDP74-03014 does not allow for a 0-foot rear yard for decks that are greater than 18-inches above grade, staff has been able to make the findings to support a modification to the rear yard development standard of CDDP74-03014 to allow a 0-foot rear yard. The new rear deck is consistent with the P-1 District as its design is consistent with other rear decks in the immediate neighborhood. The project is also compatible with other similar uses in the neighborhood, as there are at least five neighboring lots with attached rear-yard decks that abut their respective rear property lines on similarly sloped lots. Therefore, staff finds a 0-foot setback for a rear yard deck attached to a residence to be consistent with the intent and purpose of the Final Development Plan for this P-1 Planned Unit District, and is compatible with other uses in the vicinity, both inside and outside the district.
Staff has also been able to make the findings of consistency with the 2045 General Plan. In particular, the rear deck is consistent with Guiding Principle #1 of Chapter 3 of the Stronger Communities Element, in that the rear deck encapsulates Discovery Bay’s waterfront character by providing access to water from the new residence, and opportunities for boating and other water recreation activities
VIII. STAFF ANALYSIS
A. General Plan Consistency: The subject property is located within the RLM Residential Low-Medium General Plan land use designation. The RLM designation allows for a residential density between 3.0 and 7.0 units per net acre and typically includes detached single-family homes on lots approximately 6,000 to 15,000 square-feet. The proposed deck will be ancillary to a proposed single-family residence that will be located on the 7,200 square-foot lot. The proposed development is consistent with the existing residential land use designation. The project is also consistent with the guiding principles within Chapter 3 Stronger Communities Element of the 2045 General Plan, particularly Guiding Principle #1, in that a rear deck encapsulates Discovery Bay’s waterfront character by providing access to water from the new residence, and opportunities for boating and other water recreation activities.
B. Zoning Compliance: The subject property is located in the P-1 Planned-Unit District established by Rezone CDRZ73-1786. Development standards for this P-1 District were established by Final Development Plan CDDP74-3014, including Condition of Approval #6 that requires development to comply with the yard requirements of the R-6 Single-Family Residential District. The single-family residence will comply with all R-6 setbacks and building height requirements; however, the proposed deck is within the required 15-foot rear yard setback. The applicant requests modification of Final Development Plan CDDP74-3014 to allow the rear yard deck to have a 0-foot rear yard (where 15-feet is the minimum required). The new rear deck is consistent with the P-1 District as its design is consistent with existing rear decks in this neighborhood. The project is also considered compatible with other uses in the neighborhood, as there are at least five neighboring lots with attached, rear-yard decks that abut their respective rear property lines on similarly sloped lots. Therefore, a 0-foot setback for a rear yard deck attached to the residence consistent with the intent and purpose of the P-1 District, and is compatible with other uses in the vicinity, both inside and outside the district.
C. Sacramento-San Joaquin Delta: The subject property is located within the Secondary Zone of the Delta, and therefore, not subject to the Delta Stewardship Council’s (DSC) Delta Plan.
IX. CONCLUSION
The proposed modification of Final Development Plan CDDP74-03014 to allow a 0-foot rear yard for a deck that will be attached to a new single-family residence on a vacant lot is consistent with the RLM Residential Low-Medium General Plan land use designation, the Discovery Bay Guiding Principles, and complies with the intent and purpose of the Discovery Bay P-1 District. Therefore, staff recommends denying the appeal, and upholding the Zoning Administrator’s approval of Development Plan CDDP24-03056 to allow the 0-foot rear yard (where 15 feet is the minimum required) for the deck to be attached to the new single-family residence, based on the findings and subject to the conditions of approval, which are included as Attachment A.