|
Project Title: |
Development Plan for eight unit El Sobrante Townhomes |
|
County File Number: |
CDDP22-03021 |
|
Applicant: |
Numair Ali |
|
Owner: |
Ali Shakil and Anita |
|
Zoning/General Plan: |
Downtown El Sobrante Planned Unit Development (P-1) / Mixed-Use Low Density (MUL) and Resource Conservation (RC) |
|
Site Address/Location: |
4301 Appian Way, El Sobrante, CA 94803 (APN: 425-142-030) |
|
California Environmental Quality Act (CEQA) Status: |
The Initial Study (SCH No. 2025110313) identified potentially significant impacts in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Noise and Tribal Cultural Resources, and identified mitigation measures to reduce such impacts to a less-than significant levels. |
|
Project Planner: |
Everett Louie, Planner III - Phone: (925) 655-2873 Email: everett.louie@dcd.cccounty.us |
|
Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Development Plan to construct eight, three-story townhomes within two separate buildings and to install associated improvements (e.g. pavement, utilities, stormwater conveyance). The project includes a Tree Permit for the removal of five code-protected trees. The project includes one unit for very low-income household. The project includes approximately 200 cubic yards of cut and 750 cubic yards of fill. The project includes a request for a deviation to the El Sobrante P-1 development standards to allow for a 33’-6 ½” height (where 27’ is the maximum height allowed) and an exception to Division 914, Collect and Convey requirements. The existing residence and detached garage will be demolished.
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 El Sobrante Townhomes Project, RECEIVE testimony, and CLOSE the public hearing.
B. FIND that the mitigated negative declaration (SCH No. 2025110313) prepared for the project adequately analyzes the project’s environmental impacts, that there is no substantial evidence that the project will have a significant effect on the environment, and that the mitigated negative declaration reflects the County’s independent judgement and analysis.
C. ADOPT the mitigated negative declaration (SCH No. 2024060676) prepared for the project.
D. ADOPT the mitigation monitoring and reporting program for the Project.
E. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk.
F. SPECIFY that the Department of Conservation and Development, located at 30 Muir Street, Martinez, California, is the custodian of the documents and other material that constitutes the record of proceedings upon which the decision of the Zoning Administrator is based.
G. APPROVE the project, Development Plan County File #CDDP22-03021 which includes a Tree Permit a Deviation and an Exception, based on the attached findings and conditions of approval;
III. GENERAL INFORMATION
A. General Plan: The subject property is located within the Mixed-Use Low Density (MUL) and Resources Conservation (RC) General Plan land use designation.
B. Zoning: The subject property is located within the Downtown El Sobrante Planned Unit Development (P-1).
C. California Environmental Quality Act (CEQA) Compliance: A CEQA Initial Study was prepared for the project. The Initial Study identified potentially significant impacts in the areas of aesthetics, air quality, biological resources, cultural resources, geology and soils, noise and tribal cultural resources. Mitigation measures were identified which will reduce such impacts to less-than significant levels. Three comments were received during the public noticing period for the CEQA document. These comments are addressed in section VII- Environmental Review.
D. Lot Creation: The project site is lot 54 of Santa Rita Acres Unit No 1, recorded on October 21, 1937.
IV. SITE/AREA DESCRIPTION
Site Description: The subject parcel is one parcel with 30,750 square feet in area and is located at 4301 Appian Way in the El Sobrante area of Contra Costa County. The site fronts Appian Way to the southeast. The project site topography is generally level from Appian way which starts at 111 feet above mean sea level and slopes just slightly towards the rear at 109 feet above mean sea level (slopes towards Appian Creek along the northwest portion of the property). At the very rear of the property is Appian Creek which bisects the property at the rear property line and occupies approximately 3,500 square feet of the parcel. At the creek portion, the topography slopes steeply, going from 107 feet above mean sea level at the creek bank, sloping downward to 97 feet above mean sea level for the creek bed. The site consists of one parcel. Assessor’s parcel number 425-142-030. The site contains several trees of various species and sizes and currently has an existing single-family residence and a detached garage.
Surrounding Land Uses: Directly south is a small retail shopping plaza and directly north is a church. To the rear of the property (west) is single-family residential development and across Appian way is a mixture of area servicing retail and single-family residential development. The development pattern of this area is residential uses mixed in with neighborhood serving retail and commercial uses.
V. --PROJECT DESCRIPTION
The applicant requests approval of a Development Plan to construct two three-story, 33’-6 ½” tall townhouse buildings. The project will demolish the existing single-family house and detached garage in order to make room for the project. The building closest to the frontage (building 1) will contain 5 units (units 1-5) while the building located at the rear (building 2) will contain 3 units (unit 6-8). Building 1 will be approximately 10,995 square feet and Building 2 will be approximately 6,615 square feet. Each unit is three stories and will have the same layout and square footage. Each unit will consist of the following:
• Lower Level - 128 square feet (SF) laundry and storage area and 616 SF, two car garage
• Main Level - 744 SF with a 30 SF deck (dining, living, kitchen and bathroom)
• Upper Level -744 SF (two bedroom and two bathrooms)
The project also includes other improvements such as the following:
• Parking related improvements for eight parking spaces with minimum dimensions of 19 feet depth x 9 feet width.
• Asphalt and permeable pavement.
• Two bio-retention basins.
• Utility lines and connections.
• A fifteen-foot right of way dedication along the frontage of Appian Way.
• Turnaround at the terminus of the proposed driveway.
• Four bicycle parking spots for short term and long term bicycle parking.
• Approximately 13,721 square feet of landscaping.
• 200 cubic yards of cut and 750 cubic yards of fill.
The project also requests an exception to Division 914, Collect and Convey requirements and a Deviation to the El Sobrante P-1 development standards to allow for a 33’-6 ½” height where 27’ is the maximum height allowed.
Parking
Each townhouse unit will have a two-car garage located at the lower level. Additionally, the site will have eight guest parking spaces and will provide four bicycle parking spaces for short term and long-term bicycle parking. The eight guest parking spaces will be located adjacent to the driveway, at the northeast of the parcel while the bicycle parking will be located directly north of building 1.
Tree Removal
The project parcel contains eight trees and four tree stumps. The project will remove eight trees, five of which are code protected as the other do not have the diameter at breast height (DBH) to qualify as a code protected tree. The project will also remove four stumps of dead trees. The dead stumps are not considered code protected trees. The following table represents the trees on site.
|
No. |
Species |
DBH (inches) |
Condition |
Status |
Protected |
|
1 |
Deodar Cedar |
30 |
Fair |
Remove |
Y |
|
2 |
Douglas fir |
32 |
Fair |
Remove |
Y |
|
3 |
Citron |
1.5 |
Fair |
Remove |
N |
|
4 |
Tree privet |
2 |
Good |
Remove |
N |
|
5 |
Common pear |
4, 5, 5 |
Fair |
Remove |
Y |
|
6 |
Common fig |
1 |
Fair |
Remove |
N |
|
7 |
Olive |
7, 7, 7, 11 |
Good |
Remove |
Y |
|
8 |
Olive |
7, 9, 7, 6, 10 |
Good |
Remove |
Y |
|
9 |
Northern California black walnut |
15, 10, 17 |
Poor |
Stump |
N |
|
10 |
Northern California black walnut |
13, 8 |
Poor |
Stump |
N |
|
11 |
Douglas fir |
37 |
Dead |
Stump |
N |
|
12 |
Douglas fir |
34 |
Dead |
Stump |
N |
Inclusionary Housing Ordinance
The project includes the construction of eight for-sale units and is subject to the County Ordinance Code, Chapter 822-4, Inclusionary Housing Ordinance. The ordinance requires at least 15 percent of the dwelling units in a residential development of five or more for-sale units to be developed as inclusionary units. The applicant/owner/developer is required to construct 1.2 inclusionary units for the project. The project will propose one unit to be occupied at a very low-income household (50% Area Median Income). To satisfy the remaining 0.2 units of the Inclusionary Housing Ordinance requirement, the applicant has proposed to pay the in-lieu fee of $32,267.40. the in-lieu fee is non-refundable and non-transferable.
VI. AGENCY COMMENTS
A. West County Wastewater( WCW): In a letter dated May 13, 2022, WCW determined that wastewater service is available for the proposed project. The applicant will need to submit a plot plan to WCW for review and approval.
B. Contra Costa County Mosquito & Vector Control District: In a returned agency comment request dated May 13, 2022, the District provided comments in regard to preventing standing water in excess of 72 hours.
C. Contra Costa County Fire Protection District (CCCFPD): In a letter dated June 1, 2022, the Fire Protection District requested that the applicant submit improvement plants for review and approval prior to obtaining a building permit.
D. California Historical Resources Information System (CHRIS): In a letter dated June 6, 2022, CHRIS recommended an archaeological study be performed to identify any unrecorded archaeological resources on the site.
E. East Bay Municipal Utility District (EBMUD): In a letter dated June 6, 2022, the Utility District stated that water service is available for the site and the applicant shall contact EBMUD for review and approval of construction drawings.
F. Contra Costa County Public Works Department, Flood Control Division: In an email sent on June 9, 2022, the Flood Control Division submitted comments regarding drainage impacts to Appian Creek. The Flood Control Division stated that the grading and drainage plans should be reviewed by the Engineering Services Division of the Contra Costa County Public Works Department.
G. Contra Costa County Department of Conservation & Development, Transportation Planning Section: In a review letter dated June 22, 2022, the Transportation Planning Section determined that the project is not subject to Vehicle Miles Traveled analysis nor is the project subject to Level of Service analysis. Comments also recommended bicycle parking and electric vehicle parking spaces.
H. El Sobrante Municipal Advisory Council (MAC): The MAC heard the project on July 13, 2022 and voted to support the project with some recommendations for more parking and to provide green waste bins. In response to the MAC comments, County Staff reviewed the project and determined that the project complies with all parking requirements and will comply with the County waste disposal ordinance.
I. El Sobrante Planning and Zoning: An agency comment request was sent to El Sobrante Planning and Zoning. However, as of the date of this Staff Report, no comments were received.
J. Contra Costa County Department of Conservation & Development, Advanced Planning: In an email dated October 27, 2022, Advanced Planning determined that the project at the time, did not meet the old General Plan Land Use Designation but that Advanced Planning would support a General Plan Amendment. A General Plan Amendment is no longer required as the current General Plan 2045 Land Use Designation supports the current density.
K. Contra Costa County Department of Conservation & Development, Solid Waste: In a returned agency comment letter, Solid Waste provided comments stating that the applicant needs to provide adequate waste collection bins.
L. Contra Costa Environmental Health (CCEH): In a review letter dated May 16, 2022 CCEH provided comments regarding wells, utilities and construction waste.
M. Contra Costa County, Public Works Department Engineering Services: The Public Works Department provided a staff report dated January 23, 2025 which includes their conditions of approval and their determination that the exception request is warranted.
N. Contra Costa County, Housing & Community Improvement Division: In a letter dated September 4, 2024, the Housing & Community Improvement Division determined that the Inclusionary Housing Plan was sufficient and that the project is required to construct 1.2 inclusionary units for the project. In order to achieve this, the Housing & Community Improvement Division reviewed the proposal for one very low-income unit and payment of a partial in-lieu fee.
O. Contra Costa County, County Geologist: In a review letter dated July 14, 2025, the County Geologist reviewed the Geotechnical report and determined that report adequately responded to any geological concerns. The County Geologist review letter provided mitigation measures which are included as conditions of approval with this project.
VII. ENVIRONMENTAL REVIEW
A CEQA Initial Study was prepared for the project. The Initial Study identified potentially significant impacts in the areas of Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Noise and Tribal Cultural Resources. Mitigation measures were identified which will reduce such impacts to less-than significant levels. The Initial Study and Mitigated Negative Declaration (MND) for the proposed project were posted for public review beginning on November 10, 2025 and extended until December 1, 2025. Three comment letters were received during that time from the Department of Toxic Substances Control, the East Bay Municipal Utility District and John Crowl of 4284 Appian Way. Below is a summary of the comments that addresses environmentally related issues discussed in the MND, and staff’s responses to those comments.
A. Letter from Department of Toxic Substances Control dated November 14, 2025.
1. Comment: The Department of Toxic Substances Control provided comments related to the demolition of any buildings or structures and the presence of lead-based paints, mercury, asbestos, etc. and is requiring that any imported soil or fill not contain contaminated soils.
Staff Response: The comments received from the Department of Toxic Substances Control did not specifically challenge the adequacy of the environmental document. The letter pertains more to the project following regulations when dealing with the potential for toxic substances. As reviewed in the Mitigated Negative Declaration, the project site is not categorized as a hazardous materials site according to the Cortese list and would not utilize high risk hazardous products during project construction. Additionally, the applicant is required to obtain a demolition permit for any demolition of structure or buildings and is required to obtain a grading permit for any proposed grading from the Contra Costa County Building Inspection Division. During the permitting process, the applicant will be required to comply with all regulations related to the potential for toxic chemicals or contaminated fill. Therefore, because the applicant is required to comply with the permitting requirements of both the grading and building division, this will ensure that any potential for toxic substances will be addressed.
B. Letter from East Bay Municipal Utility District (EBMUD) dated November 25, 2025.
2. Comment: EBMUD provided comments related to metering infrastructure for each dwelling unit, requiring the project to incorporate water conservation measures pursuant to Assembly Bill 325 and to require the applicant/developer to submit plans to EBMUD’s new business office.
Staff Response: The comments received from EBMUD did not specifically challenge the adequacy of the environmental document. The letter pertains more to the project following regulations during installation of water services. As reviewed in the Mitigated Negative Declaration, the project applicant is required to obtain approval from the water district prior to occupancy.
C. Letter from John Crowl of 4284 Appian Way, El Sobrante, CA 94803 dated December 1, 2025.
3. Comment: Mr. Crowl has concerns regarding the traffic, including the speed limit, parking restrictions along Appian Way and is concerned that a potential driveway would require the removal of the Deodar Cedar.
Staff Response: The comments received from Mr. Crowl did not specifically challenge the adequacy of the environmental document but rather expressed concerns regarding traffic and tree removal. The conditions of approval require “no parking” signs to be installed along Appian Way subject to the review and approval of the Public Works Department and the Board of Supervisors. Additionally, the project was analyzed by the Transportation Planning Section of the Department of Conservation and Development and was determined to contribute only 6/8 AM/PM Peak hour trips. In regards to the removal of the Deodar Cedar tree, an arborist report was submitted which evaluated that the tree had a fair health and was fully within the construction zone of Unit 1. The Deodar Cedar is also not within the driveway area as Mr. Crowl has indicated. Appropriate findings have been made including reasonable development of the property would require the removal of the tree and an arborist report was submitted reviewing the removal of the tree.
VIII. STAFF ANALYSIS
A. General Plan Consistency: The project site has a General Plan land use designation of Mixed-Use Low (MUL) and Resource Conservation (RC). The project will be located within the MUL portion of the parcel. The MUL General Plan land use designation allows for various housing types including townhouses with a Density range of 10-30 and a FAR of 1.0. The project is located on a 0.67 net acre property which allows for a density range of 7 to 20 residential units. The project is proposing 8 residential units which is within the density range for the MUL General Plan Designation. The parcel 30,750 square feet and the total building floor area is 11.904 square feet which equates a FAR of 0.39 which does not exceed the maximum FAR of 1.
Chapter 3: Stronger Communities Element of the Contra Costa County 2045 General Plan provides specific policies for the El Sobrante Area. The project site is located within the Appian Way Mixed-Use Area which is defined as an area that is designed to enhance the neighborhood scene including shopping, offices and residential projects. The below policies apply to the project.
Policy 1: In mixed-use areas, support development and retention of commercial uses and
local-serving businesses in mixed-use areas to meet the daily needs of the community
while promoting new residential development.
Staff Response: The project proposes eight new residential units that will provide housing for residents within the El Sobrante area. Therefore, the project complies with the policy.
Policy 5: Improve the pedestrian and bicycle environment, particularly along major
thoroughfares, by closing gaps in the sidewalk system, widening sidewalks,
discouraging “drive-through” businesses, and enforcing speed limits and traffic safety
rules.
Staff Response: The project will be required to construct curb and an 8-foot sidewalk along Appian Way. These improvements will increase pedestrian and bicycle environment along Appian Way which is designated as a Class II bike lane.
Policy 8: Encourage multiple-family residential projects to provide on-site recreational facilities for residents.
Staff Response: The parcel site contains a creek at the rear that covers approximately 3,500 square feet of the parcel which restricts building a large open space area. Currently, the project proposes a pervious walkway at the rear to allow future residents to walk along the rear property line to enjoy views of the creek. To enhance on-site recreational facilities for future residents, County Staff has included a condition of approval to extend the pervious walkway around the permitter of the property to enhance on-site recreational facilities for residents.
Based on the consistency with the applicable policies and land use designation standards, the project would conform with the County’s General Plan.
B. Housing Element Compliance: A component of preparing the County’s Housing Element for the General Plan is the identification of vacant and underutilized suits suitable for residential development, and an evaluation of the housing development potential of these sites in fulfilling the County’s share of the regional housing needs as determined by the Association of Bay Area Governments (ABAG).
In order to assess whether this residential development application is subject to requirements of California Government Code section 65863, staff reviewed the site inventory for the adopted 2023-2031 Housing Element and determined that Assessor’s Parcel Number 425-142-030 is not among the parcels listed in the inventory of residential sites which were relied upon to meet the County’s share of regional housing needs. Nevertheless, the project includes a total of eight residential units. These unit types will increase housing opportunities for different size households for different income categories. Therefore, the project will contribute towards the regional housing need for the County and provide needed housing units for the region.
C. Zoning Consistency: The subject property is located within the Downtown El Sobrante Planned Unit Development (P-1) Zoning District. The El Sobrante P-1 has land use districts and according to the Land Use District Map listed in the Downtown El Sobrante Planned Unit Development, the project is located within the Appian Way General Mixed Use (M-11). Under the old General Plan, the property was designated as M-11 and under the current 2045 General Plan, the property is designated as MUC. While the M-11 is no longer a land use within the current General Plan, Staff has identified that this is the most comparable land use for the property. Therefore, according to the land use matrix, M-11, multiple-family uses are permitted uses. Additionally, under the El Sobrante P-1 Zoning District, a new residential project over 2 units will also require a Development Plan permit. The El Sobrante P-1 contains development standards that the project will comply with. However, the project is also requesting a deviation to the maximum building height requirement of 27’ as the project proposes 33’-6 ½”. The below table shows how the proposed project complies with the development standards as stated below.
|
|
Required |
Proposed |
|
Max Area |
3,500 SF |
30,750 SF |
|
Min Width |
35’ |
100 ft |
|
Building Height: |
Maximum 27’ with findings |
33’-6 ½” * |
|
Floor Area Ratio (FAR) |
0.1-1.0 |
0.39 |
|
Maximum Lot Coverage |
40% |
19.09% |
|
Unit Density |
10-30 Density range which yields 7 - 20 0.67 net acre |
8 units Within Density range |
|
Front Setback: |
0’ |
Greater than 13’ from Appian Way |
|
Side Setback: |
0’ |
10’ on south side 15’ on north side |
|
Street Side Yard |
10’ |
Does not apply |
|
Rear Setback: |
15’ |
Greater than 15’ |
|
Creek Structure Setback: |
30’ |
30’ |
|
Parking Spaces: |
Multiple Family 2.25 spc/unit 2+ bdrm (18 spc recuired) |
24 spc provided |
|
Covered Parking: |
9 covered (50% of Required Parking Spaces) |
16 covered |
|
Bicycle Parking |
Multiple Family four spaces |
Four bicycle parking |
*The applicant is requesting a deviation to the El Sobrante Planned Unit P-1 Height Development Standards.
As stated above, the project is requesting a deviation to allow a 33’-6 ½” height where 27 feet is the maximum height allowed. The El Sobrante P-1 Land Use Matrix section under footnote J allows for deviations to development standards in accordance with the County Zoning Code. The requested height deviation is necessary to allow reasonable development of the site consistent with other townhouse and multi-family projects in the vicinity. The project proposes three-story townhomes with covered parking provided within enclosed garages on the ground floor, which is a standard requirement for townhouse developments. Providing required covered parking at the lower level increases the overall height of the buildings, as two levels of living space are located above the garage level.
In addition, the site is constrained by a creek located along the rear property line, which triggers a 30-foot creek structure setback where development is prohibited. Approximately 6,217 square feet of the 30,750-square-foot parcel is located within this setback area, and the Public Works Department requires the applicant to relinquish development rights over that portion of the property. The unusable area within the creek structure setback reduces the overall development area of the site which constrains where the applicant can locate covered parking. Moreover, the design of two levels of living space over a garage is a common design feature along Appian Way. These environmental and regulatory constraints significantly reduce the developable area of the site, making a three-story design necessary to achieve a reasonable density and functional unit layout consistent with the site’s zoning designation.
D. Downtown El Sobrante Design Guidelines - Residential Guidelines:
The El Sobrante P-1 contains residential guidelines that provide guidance on compatible designs for residential projects. The following design guidelines are related to multiple-family projects within the El Sobrante Specific Plan.
Policy H.5: Design multiple family projects to enhance the neighborhood character.
Staff Response: The project is designed to break the street façade by not locating the units at the very front. The project places 3 units at the rear which breaks up the massing and location of the units. The project includes balconies and other design features to break up the large building walls. Each unit has a balcony on the upper level. Lastly, the garage at the lower level is designed using forms and materials similar to the main structure. Therefore, the project complies with the residential guidelines of the El Sobrante P-1.
E. Appropriateness of Use: The project will construct eight new townhouses which will increase the housing stock in this area of El Sobrante. As stated above, the El Sobrante P-1 allows for multiple-family projects with a Development Plan and the General Plan MUL allows for various housing types including townhouses on small parcels less than 1 acre. Moreover, this area is characterized as mixed use with residential uses blended with commercial and retail. There are numerous multi-family uses within Appian Way and San Pablo Dam Road. Within a 2,500-foot radius from the site is at least 9 multiple-family uses. Additionally, there is a subdivision 1,500 feet north that is consists of a three-story residential use which would be mimicked by this project. Therefore, multiple-family projects are not an uncommon use in this area, and as such, the project is consistent with the neighborhood.
F. Inclusionary Housing Ordinance: A residential development of five or more rental units is subject to the County’s Inclusionary Housing Ordinance. Pursuant to Section 822-4.402(a) of the County Ordinance Code, in a residential development of five through one hundred twenty-five rental units, at least fifteen percent of the rental units shall be developed and rented as inclusionary units under the terms and conditions of Section 822-4.410(a) of the County Ordinance Code. At least twenty percent of the inclusionary units shall be rented at an affordable rent to lower-income households. An in-lieu fee may be paid pursuant to Section 822-4.404 of the County Ordinance Code as an alternative to providing some or all of the required inclusionary units.
Required inclusionary Housing Unit Calculation:
• 8 units x 15% = 1.2 inclusionary units required
• 1.2 x 20% = 0.24 units shall be rented at an affordable rent to very low-income households
• 1.2 - 0.2 = 0.96 units shall be rented at an affordable rent to lower-income households.
Under the Housing Unit Calculation, the applicant is required to construct 1.2 inclusionary for the project. The Applicant submitted an Inclusionary Housing Plan received on August 30, 2024, which proposed the construction of one inclusionary unit within the multi-family housing development. One unit shall be available to and occupied by a very low-income household (50% Area Median Income). The fractional unit of 0.2 would be satisfied with the payment of a partial in-lieu fee. The current in-lieu fee calculation, based on the 8 base units, is $32,267.40.
G. Trees: The project parcel contains eight trees (five of which are code protected) and four dead tree stumps. (See Tree Removal Table in section V). The project will remove all eight trees and four dead stumps. An arborist report prepared by Aaron Sunshine, ISA Certified Arborist WE-12959A reviewed the site and determined that reasonable development of the property requires the removal of the trees. As a condition of approval for the tree removal, a bond will ensure that the applicant installs five replacement trees and to ensure that the replacement trees would remain healthy after construction has been completed. A final landscape plan will be required and the landscaping for the project will be required to comply with the County’s Water Efficient Landscapes Ordinance.
H. Off-Street Parking: As stated in the Zoning section above, the project is subject to the parking requirement within the El Sobrante P-1. The El Sobrante P-1 requires 2.25 spaces per unit for multiple family with 2 or more bedrooms. Guest parking is already added in the 2.25 spaces requirement. Therefore, the project is required to provide (2.25 spaces per unit x 8 units) 18 spaces. The project proposes 24 parking spaces which exceeds the requirement. The project is also required to comply with the Off-Street Parking Ordinance requirements for design and layout below:
A. Access Requirements: The requirement for access is access 20 feet for two way travel, and a driveway aisle intersection requirement of 18 feet away from the parking space nearest. The project proposes a 26 feet access width and the nearest parking space to the intersection is approximately 36 feet away.
B. Driveway Aisles: The requirement for a driveway aisle of ninety degrees is 25 feet. The project proposes a 26-foot driveway aisle.
C. Surfacing: The requirement for surfacing a parking area is asphalt or cement or a similar paving material The project proposes to locate the parking area on hardscape cement.
D. Striping, Marking and Signage: The requirement includes marking each parking space and appropriate signage. The project proposes to mark each space to designate the location. Signage and directional markings are not deemed necessary for this residential project.
E. Lighting: The requirement is to provide for adequate illumination for the parking area. The project will have exterior lights on the buildings that will allow for illumination for the parking area. Additionally, a condition of approval will require that all lights must be directed downward and away from adjacent areas and public streets and rights-of-way.
F. Screening and buffers: The requirement is to screen parking areas if adjacent to a residential zoning district or a planned unit district. The property immediately to the rear is zoned residential. However, the location of the eight guest parking spaces is orientated away from the residential zoned parcel at the rear. Therefore, because the proposed parking area is not adjacent to any residential zoned district or residential planned unit district, further screening or buffers is not required.
G. Parking Space design: The requirement for a ninety degree angled parking is a space width of 8’6” with a space depth of 18’. The project proposes parking spaces with 9’ in width and 17 feet in depth with a two-foot bumper overhang for a total 19 foot parking space (17 feet depth + a two foot overhang). The bumper overhang will be planted with low-lying ground cover or landscaping. A condition of approval will require the applicant to show on the final landscaping plan that the two-foot bumper overhang is landscaped.
H. Electric Vehicle Charging (EV): The requirement for electric vehicle charging is 10% of the parking spaces. The project is providing 24 parking spaces so 3 parking spaces must be EV ready. The project proposes to install an EV charging station in each garage (8 total) and one additional EV charging station within the guest parking for a total of 9 EV charging stations.
I. Traffic and Circulation: Appian Way is a County maintained road. It’s half-width configuration along the project frontage is 22 feet of pavement within a 25-foot right of way and is planned to have 32 feet of pavement within a 40-foot right of way. A 15-foot right of way dedication, pavement widening, curb and sidewalk to match the improvements previously installed on neighboring parcels as shown on the applicant’s site plan will be required.
The applicant proposes to relocate the existing driveway off Appian Way further north to serve the new residential units. The site plan proposes eight on-site guest parking spaces and a turnaround subject to approval by the Fire District.
Class II bike lanes currently exist on Appian Way. On-street parking along Appian Way will be prohibited to reduce adverse impacts to bike lane usage.
J. County Wide Street Light Financing: The subject property is already within Service Area L-100. No annexation to County Facilities District (CFD) 2010-1 for Countywide Street Light Financing is necessary.
K. Utility Undergrounding: Utility services in this area have already been placed underground. All new utilities are also required to be installed underground.
L. 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 currently appears to slope slightly towards Appian Creek located in the northwest of the property. Two bio-retention basins are proposed on this site, with storm drain lines to convey drainage towards Appian Creek in the back of the property. Unfortunately, Appian Creek, which abuts the subject property, is not adequate due to an inadequate culvert at Garden Lane that would be prohibitively expensive and have access and right of way constraints that would be prohibitive for a relatively small project such as this. The applicant submitted an exception request to the Public Works Department who reviewed the request and provided their support for the exception.
M. 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. A Stormwater Control Plan prepared by the Humann Co. and was reviewed and determined to be “preliminarily complete” by the Public Works Department. The applicant will be required to submit a final SWCP to the Public Works Department for review and approval prior to issuance of building permits.
N. Floodplain Management: Portions of the property lie within the Special Flood Hazard Area (100 year flood boundary) as designated on the Federal Emergency Management Agency Flood Insurance Rate Map. The applicant will be required to comply with all 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.
O. Area of Benefit Fee: The applicant will need to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the WCCTAC Transit/Pedestrian/Bridges/Roads, and El Sobrante Road Areas of Benefits, as adopted by the Board of Supervisors. The fee should be paid prior to the issuance of building permits.
P. Drainage Area Fee and Creek Mitigation: The applicant will be required to comply with the drainage fee requirements for Drainage Area 73, as adopted by the Board of Supervisors. This fee should be paid prior to issuance of a building permit.
IX. CONCLUSION
The proposed project is consistent with applicable goals and policies of the General Plan, and also with the intent of the MUL general Plan designation and the El Sobrante P-1 Zoning District. The project is an underutilized site, and the project will be consistent with the uses nearby. The design and use of the project site for multiple-family residences is an allowed use within this area and the project provides additional housing units. All environmental impacts would be mitigated to a less-than-significant level. Therefore, Staff recommends that the Zoning Administrator approve the project subject to the attached conditions of approval.
Attachments:
A. Findings and Conditions of Approval
B. CEQA Public Comments
C. ISND, Written Acceptance of MM, MMRP
D. Agency Comments
E. Special Reports, Arborist Report, Archaeological Survey Report, Biological Resources Assessment, Geotechnical Study
F. Project Plans