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Project Title: |
Pacheco Boulevard One Lot Subdivision for Condominium Conversion |
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County File(s): |
CDMS21-00012 |
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Applicant: Owner: |
Sonja Bachus / INMAN LAW GROUP Ron Elvidge |
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Zoning/General Plan: |
Retail Business District R-B / Mixed-Use Community-Specific Density MUC |
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Site Address/Location: |
100 1st Ave North, Pacheco, CA 94553 (APN: 125-032-031) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15301(k) - Existing Facilities - Subdivision of existing commercial buildings. |
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Project Planner: |
Everett Louie, Planner III (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 one lot minor subdivision of a 1.29-acre parcel to create a remainder for common areas of approximately 37,870 square feet (Parcel A) and a Condominium Conversion of an existing commercial building into two units. Condominium Unit 1 will be approximately 14,903 square feet and Condominium Unit 2 will be approximately 4,728 square feet. The application also requests the right for reservation for up to four commercial condominiums in the future. No improvements or modifications are proposed with this application.
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 one-lot Minor Subdivision, RECEIVE testimony, and CLOSE the public hearing.
B. APPROVE the Tentative Parcel Map for the Pacheco Boulevard one-Lot Minor Subdivision (County File #CDMS21-000012), 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 15301(k) 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 Mixed-use Community-Specific Density (MUC). The MUC designation for Pacheco has a density range of 22-40 du/net acre and a floor area ratio (FAR) of 1.75.
B. Zoning District: The subject property is located within the Retail Business District (R-B).
C. California Environmental Quality Act (CEQA): The project is categorically exempt pursuant to CEQA Guidelines Section 15301(k), “Existing Facilities - Division of structures into common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur.”
Th project proposes a one-lot minor subdivision of a 1.29-acre parcel to create a remainder (Parcel A) and a condominium conversion of an existing commercial building into two units with the potential for up to four units within the existing building. The project is a subdivision of an existing commercial building and there are no physical changes to occur.
D. Previous Applications:
1. CDLP20-02003: This Land Use Permit was approved by the County Zoning Administrator on September 21, 2020, and allowed for a cannabis dispensary, with delivery, within the existing building.
2. CDUV20-00122: This Property Use Verification was approved by the Department of Conservation and Development on September 24, 2020, and allowed for a Tire Sales and Service Business.
3. CDDP08-03024: This Development Plan Modification was approved by the County Zoning Administrator on June 30, 2008, and allowed for an increase in sign area for each tenant at the subject site.
4. CDDP76-03016: This Development Plan was approved by the County Zoning Administrator on June 28. 1976, and allowed the construction of the subject retail business building. The approval permitted the existing building square-footage landscaping, frontage improvements, parking and signage limitations.
IV. SITE/AREA DESCRIPTION
The subject property is an approximately 1.29-acre parcel developed with an approximately 20,086-square-foot commercial/retail business building. The site is accessed by Pacheco Boulevard and First Avenue. Off-street parking is located at the project frontage and rear of the existing building. Frontage improvements include: fully paved sidewalks, landscaping, and lighting. The site is very flat as it was previously graded for the development of the existing commercial building. Currently, a commercial cannabis business “STIIZY” and a tire shop “RT Tire” occupy the building. The middle unit which is approximately 10,145 square feet is currently unoccupied.
The subject site is located within a strip of retail/commercial businesses located along the eastern portion of Pacheco Boulevard, approximately 0.6 miles north of the Pacheco Boulevard and Concord Avenue intersection. Adjacent parcels/uses include similar sized properties, including several automotive/motorcycle service suppliers and a gas station. Interstate 680 runs immediately east of the property in a north/south direction and is separated from the property by a Caltrans chain-link fence. Further east of Interstate 680 is a mobile home park.
V. PROJECT DESCRIPTION
The tentative parcel map is for a one lot minor subdivision of a 1.29-acre parcel to create a condominium conversion of an existing commercial building into two units and a remainder for common areas of approximately 37,870 square feet (Parcel A). Condominium Unit 1 will be approximately 14,903 square feet and is currently occupied by “STIIZY”, a commercial cannabis business. Condominium Unit 2 will be approximately 4,728 square feet and is currently occupied by “RT Tire” a used tire business. The existing parking area and other common areas will remain on Parcel A. The applicant is also requesting to reserve the rights for four future commercial condominiums within the building, however is only proposing two at the time of submittal.
All street improvements and infrastructure were installed under the development plan that established the existing development. No improvements are necessary to the existing building, and no development is proposed with this tentative parcel map.
VI. AGENCY COMMENTS
A. Pacheco Municipal Advisory Council (PMAC): The Pacheco MAC heard the project on April 10, 2024, and voted to proceed with the project as proposed.
B. Contra Costa County Fire Protection District: In a returned agency comment request dated November 8, 2021, the Contra Costa Cunty Fire Protection District stated that any development or change of structure or use will require Fire District review and approval.
C. Central Contra Costa Sanitary District: In an email dated November 1, 2021, Centra Contra Costa Sanitary District determined that the commercial condominium conversion would not be expected to produce an unmanageable added capacity demand on the wastewater system, nor interfere with existing, public facilities.
D. Contra Costa County Public Works Department: In a letter dated July 20, 2023, the Contra Costa County Public Works Department deemed the application complete and provided their conditions of approval.
E. Contra Costa County Transportation Planning Section: In a letter dated October 28, 2025, the Transportation Planning Section stated that the project is exempt from both a Vehicle Miles Traveled (VMT) and Level of Service (LOS) analysis because the existing building’s occupancy limit should not be expanding and the building footprint is not expanding.
VIII. STAFF ANALYSIS
A. General Plan Consistency: The tentative map for a one lot minor subdivision of a 1.29-acre parcel to create a remainder for common areas of approximately 37,870 square feet (Parcel A) and a Condominium Conversion of an existing commercial building into two units is consistent with the General Plan, as discussed below.
1. Land Use Element: The project site has a General Plan designation of Mixed-Use Community-Specific Density (MUC), which has a 1.75 floor area ratio (FAR) and a density range of 22-40 du/net acre for the Pacheco area. According to the Land Use Element within the Contra Costa County 2045 General Plan, the MUC designation allows for a range of uses including condominiums and a wide range of neighborhood and community serving retail uses. The building onsite has a gross floor area of approximately 20,086 square feet on a 1.29-acre parcel (56,192 square feet) which contributes to a 0.357 FAR. This FAR is below the maximum allowed FAR of 1.75. The existing commercial building’s interior comprises of two units. Unit 1 is proposed to be is approximately 14,903 square feet and is currently being used by STIIZY which is a commercial cannabis use and Unit 2 is proposed to be approximately 4,728 square feet which is currently being used by RT Tire which is an automotive tire shop. These uses are conductive to the type of businesses that are permitted in the MUC general plan designation. The project is not proposing any housing units, therefore, the dwelling unit/net acre requirement does not apply here.
The Stronger Communities Element of the Contra Costa County 2045 General Plan contains policies that pertain specifically to the Pacheco area. The project complies with the below relevant policies.
• Policy 3: Encourage establishment and growth of locally-serving businesses that fulfill the needs of residents, as well as larger commercial and light industrial businesses to provide job opportunities to the community
Staff Response: The project is for a condominium conversion to create two commercial units within an existing commercial building with the rights to create up to four commercial condominium space. The project allows these new units to be owned by local business owners who will be providing commercial/retail uses and jobs to the community of Pacheco.
B. Zoning Compliance: The subject parcel is zoned Retail Business District (R-B) which allows for retail business conducted within an enclosed building. The existing businesses currently have valid entitlements for each business. CDUV20-00122 approved RT Tire and CDLP20-02003 approved STIIZY. There is no other development proposed with this application and any future development or business is required to be reviewed for the R-B consistency prior to CDD’s authorization to operate. The existing commercial building which was approved under CDDP76-03016 complies with the R-B zoning requirements.
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Retail Business District |
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Requirement |
Project |
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Height - 50 feet |
23 feet in height |
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Side Yard - 0 feet |
0 feet side yard |
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Front Yard - 10 feet from road or highway |
45 feet from 680, 19 feet 8 inches from 1st Ave North and 93 feet 3 inches from Pacheco Boulevard |
The commercial building is existing, and its building envelope will not be modified with this project. The existing setbacks and height of the building will not change with this project. Therefore, the proposed project is consistent with the R-B zoning district.
C. Division 926 - Condominium Conversions: The Condominium Conversion Ordinance (County Code Division 926) establishes procedures and standards for condominium conversions. The Ordinance is applicable to the proposed project because there is an existing commercial structure on the project site that is currently configured into multiple tenant spaces. The proposed project would create condominiums of the tenant spaces. The existing building will be divided into two condominium units with the project with the reservation for up to four commercial condominium units. Condominium Unit 1 would include approximately 14,903 square feet of the existing building while Condominium Unit 2 would include approximately 4,728 square feet of the remaining building. Any future units would be required to obtain approval from CDD prior to recording the map.
The Condominium Conversion Ordinance is primarily relevant to conversion of rental housing, but there are elements in this division that can be applicable to commercial condominium conversions. The Ordinance is intended to mitigate the effect of conversions on existing tenants by requiring adequate notice of conversion, adequate time and assistance to relocate, as necessary, and provision of adequate information to the potential buyer concerning the physical condition of the unit, such as structural integrity. The elements that are applicable to commercial condominium conversions include the following: submitting draft copies of the required proposed covenants, conditions and restrictions, by-laws, and articles of incorporation of the homeowners association, a report on the condition of the building listing any regulation violations found to be detrimental to the health, safety and welfare of the public, the owners and the occupants of the building, and an acoustical engineer's analysis of current unit to unit noise transmission characteristics compared to current Title 7 requirements. Consistent with the requirements of the Ordinance, the applicant has provided the following information which is relevant to a commercial condominium project:
• 926-8.204 - Tentative Map and Plan: The applicant has provided a tentative parcel map received on October 10, 2025. The tentative map include the location and dimensions of the proposed two condominium units as well as Parcel A for common areas, parking facilities, driveways, walkways, and common area facilities.
• 926-8.206 - Condominium documents: Copies of the draft Declaration for Pacheco Commercial Condominiums (draft Covenants, Conditions, and Restrictions) and the draft By Laws (includes Articles of Incorporation) of the Pacheco Commercial Condominium Association were submitted on May 13, 2025 (See attachment B).
• 926-8.208 - Building Inspection Report: The existing building was inspected by the Building Inspection Division of the County and in a report submitted by Matthew Webster, Building Inspection dated September 19, 2025, the Building Inspection Division concluded that “there were no visual life health or safety violations evident at the time of inspection.”
• 926-8.210 - Construction Details: The project does not require any construction or modifications of the existing building. Moreover, as mentioned above, the Contra Costa County Building Inspection Division conducted an inspection to check for code violations having potential lie, health or safety concerns for the owners or occupants of the building to which no violations were found. Therefore, construction details of the existing structure is not required.
• 926-8.212 - Acoustical Report: The project site is in an area that has an MUC designation in the General Plan Land Use Element which allows a wide range of neighborhood and community service retail uses which include commercial uses that are generally indoors and not noise sensitive. In these areas, noise levels up to 65 dB are normally acceptable and noise levels up to 75 dB are conditionally acceptable. Considering that the project does not propose any new businesses, construction or development and the existing businesses operate entirely within the existing building, an acoustic engineer’s report for a commercial project within a commercial area is not required.
• 926-8.214 - Physical Elements Report: as described in the building inspection report, the structure was inspected by the Building Inspection Division and was determined to not have any structure defects. Additionally, there have been numerous renovation work done on the building including finaled building permits. In each case, the renovation work has extended the useful life of the structure. BIMIC21-007273 and BIT20-008035 are the most recent building permits that have been finaled which has extended the life of the building.
• 926-8.226 - Defect and compliance statement: Civil Code Section 1134, requires a written statement listing all substantial defects or malfunctions in the major systems in a residential condominium, community apartment project, or stock cooperative, does not apply to the proposed project. According to the applicant, real estate disclosures, as required by law, would be provided to any tenant wishing to purchase its unit.
In addition to the application requirements of the Condominium Conversion Ordinance, the project is required to be evaluated under Chapter 926-18.29 - Evaluations which require the planning agency to evaluate the project for a tentative map for conversion on the following items.
• 926-18.204:
(1) The proposed conversion will not be detrimental to the general health, safety and welfare of the county;
(2) Any involved structure is physically suited to conversion based on information provided for advisory body evaluation and appears to meet all condominium standards of this division for which exceptions have been granted;
(3) The conversion and its cumulative impacts will not cause significant hardships for current residents;
(4) The rental increase limitations and prehearing noticing requirements contained in this division have been, or will be complied with;
(5) Vacancies in the proposed project have not been intentionally increased for conversion;
(6) Sufficient steps have, or will be taken by the subdivider to mitigate any adverse impacts of the conversion on the ability of any displaced mobile home park residents to find adequate space in a mobile home park.
The project has no changes or modifications to the existing site. The conversion will not introduce anything new. The project structure was evaluated by the building inspection division who determined that the physical structure has no code violations or structural issues. Lastly, because this is a commercial conversion, the project will not impact any residential components including rental limitations, vacancies, or impacts to mobile home parks. Therefore, the project satisfies the evaluations section of the condominium conversion code.
D. Chapter 82-16 - Off-Street Parking Ordinance: County Code Section 82-16.406(20) - Required number of parking spaces, requires one parking space for every 300 space feet of gros floor area for retail uses. The subject property contains 77 total parking spaces where 67 are required (20,086 total square feet of floor area divided by 300 equals 67 spaces). Ingress and egress to the site is provided by two existing driveways, one located on Pacheco Boulevard and the other on 1st Avenue North. Each drive aisle is more than 20 feet in width which complies with both County and Fire District standards (20-foot minimum for two-way travel). Several light standards located within the parking lot mediums provide for safe vehicular movement during evening hours. There is existing landscaping which includes a mixture of mature trees and shrubs. Additionally, because there is no expansion of the building or uses at the site, the existing parking configuration meets the Off-Street Parking Ordinance requirements.
E. Chapter 82-22 - Child Care Facilities: This code section requires a new nonresidential project having one hundred or more potential employees or having a floor area of fifteen thousand gross square feet or more to provide for a childcare facility per this chapter. Because this project is to convert an existing commercial building into two condominium units with no expansion or addition of square footage nor does the existing businesses employee 100 or more people, the requirement of this chapter of the County Code does not apply.
F. Appropriateness of Use: The proposed project is a tentative map for a one lot minor subdivision of a 1.29-acre parcel to create a remainder for common areas of approximately 37,870 square feet (Parcel A) and a Condominium Conversion of an existing commercial building into two units. The project does not propose any construction and is located in an area where commercial retail uses are prevalent. The project will reserve the right for four commercial condominiums which would increase spaces for local business to operate. Therefore, the project is appropriate for the area as it is a compatible use and improves business opportunities in this area of the County.
G. Traffic and Circulation: The site is located east of Pacheco Boulevard and south of First Avenue North, both are County maintained roads. Pacheco Boulevard is currently an 86-foot paved road within a 110-foot easement and First Avenue North is approximately 36 feet within a 60-foot easement. Frontage improvements are constructed along Pacheco Boulevard and First Avenue. Both roads are also constructed to their ultimate width. The applicant will not be required to further widen the roads or construct frontage improvements with this application.
The parking lot for the site is accessed via driveways on Pacheco Avenue and First Avenue North. Per the tentative map, the parking lot does not appear to be modified, however, the applicant should be aware that no additional driveways will be allowed to be constructed with this subdivision.
H. 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.
The site plan does not show any drainage features within the vicinity of the project site. Based upon County files, it appears the site collects onsite in drop inlets in the pavement area and connects to existing catch basins along First Avenue. This drainage is then picked up and conveyed to a 36-inch drainage line. The 36-inch drainage line appears to also be located behind the existing building to the east and is encumber by and existing offer of dedication (8099 OR 257). The applicant should include all drainage facilities and the offer of dedication on the tentative map.
The original constructed building under the land use permit LP73-0140 and development plan permit DP76-3016 constructed drainage improvements in accordance with County Code at the time. If there are known drainage issues and the site is not being modified in a manner to redirect flow, the site should be able to continue discharging to existing infrastructure as it appears to be adequate.
I. Stormwater Management and Discharge Control: A Stormwater Control Plan (SWCP) is required for applications to subdivide land where the resulting project may result in a total amount of impervious surface area exceeding 5,000 square feet. Based on the project, the building and parking lot would not be modified, and the project will not be required to submit a SWCP. However, the project will need to observe minimal measures relative to ongoing or new on-site operations to prevent illicit discharges into the stormwater conveyance facilities.
J. Floodplain Management: A portion of the property lies within the Special Flood Hazard Area (100-year flood boundary) as designated on the Federal Emergency Management Agency Flood Insurance Rate Map. The applicant shall be aware of the requirements of the National Flood Insurance Program and the County Floodplain Management Ordinance as they pertain to development and construction of any structures on this property. The applicant will be required to revise the tentative map to include the base flood elevation(s) over the property as a condition of approval.
K. Lighting District Annexation: The subject property is already annexed into Community Facilities District L-100 and will require no further annexation.
L. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Pacheco Area of Benefit, as adopted by the Board of Supervisors. The fee shall be paid prior to issuance of building permits.
M. Drainage Area Fee and Creek Mitigation: The property is located within unformed Drainage Area 60. There is currently no fee ordinance adopted by Board of Supervisors for this area.
IX. CONCLUSION
The proposed tentative map is found to be consistent with the County General Plan Mixed-Use Community-Specific Density land use designation and the Retail Business Zoning District in its existing condition. Therefore, staff is recommending approval of the Tentative Parcel Map for the one-lot minor subdivision for the creation of two commercial condominium units and Parcel A Minor Subdivision #CDM21-00012, based on the attached findings and subject to the attached conditions of approval.
Attachments:
A. Findings and Conditions of Approval
B. Condominium Documents Report
C. Building Inspection Report
D. Maps
E. Agency Comments
F. Tentative Map Plans