Department of Conservation and Development
County Zoning Administrator
|
|
|
|
Project Title: |
0 Santa Rita Road New Two-Story Duplex Development Plan |
|
|
|
|
County File(s): |
CDDP24-03018 |
|
|
|
|
Applicant/Owner: |
Eason Yuan (Applicant) / Rong Mou (Owner) |
|
|
|
|
Zoning/General Plan: |
HE-C Housing Element Consistency District / HEC Housing Element Consistency |
|
|
|
|
Site Address/Location: |
0 Santa Rita Road (behind 4426 Appian Way) in the El Sobrante area of unincorporated Contra Costa County (APN: 425-210-044) |
|
|
|
|
California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15303(b) |
|
|
|
|
Project Planner: |
Maria Lara-Lemus, (925) 655-2904 |
|
|
Maria.Lara-Lemus@dcd.cccounty.us |
|
|
|
|
Staff Recommendation: |
Approve (See section II for full recommendation) |
|
|
|
I. PROJECT SUMMARY
The applicant requests approval of a Development Plan for the construction and operation of a new two-story duplex on a vacant parcel. The application includes a request for an exception to the requirements of County Code Title 9, Section 914-2.004 (Offsite Collect and Convey). The application is subject to approved Tree Permit TP17-0050 for prior removal of trees on the property.
II. RECOMMENDATION
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 15303(b) of the CEQA Guidelines.
B. AUTHORIZE an exception to the requirements and regulations of County Code Title 9, including an exception to Section 914-2.004 for offsite collect and convey requirements,
C. APPROVE Development Plan CDDP24-03018 to allow for the construction and operation of a new two-story duplex, 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: HEC Housing Element Consistency.
B. Zoning: HE-C Housing Element Consistency District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15303(b), New Construction or Conversions of Small Structures, provides a Class 3 exemption for construction and operation of a duplex.
D. Previous Application:
CDDP16-03010: This Development Plan was submitted by the current owner on February 18, 2016 to construct 12 apartment units on three lots including APNs 425-210-014, 425-210-017, and 425-210-038. Subsequently, the project was changed to 10 apartment units on APNs 425-210-014 and 425-210-038. Development Plan CDDP16-03010 was withdrawn by the owner on May 15, 2017.
CDLL16-00024: This Lot Line Adjustment between APNs 425-210-014 and 425-210-038 was approved by the County Zoning Administrator on January 5, 2017. The Lot Line Adjustment resulted in two new APNs, including APN 425-210-044 (the project site) and APN 425-210-045 (the neighboring parcel at 4448 Appian Way).
CDTP17-00050: This Tree Permit for 25 code-protected trees that had previously been removed from APNs 425-210-044 and 425-210-045 was approved by the County Zoning Administrator on December 21, 2017. CDTP17-00050 Condition of Approval #3.a required the planting of six trees as restitution for the removed trees. The applicant proposes to plant two restitution trees on APN 425-210-044 as partial implementation of the tree planting requirements of this Tree Permit.
CDDP20-03012: This Development Plan, for the construction and operation of a duplex on the APN 425-210-044 parcel was approved by the County Zoning Administrator on October 19, 2021. The approved Development Plan includes the planting of two trees as partial implementation of the tree planting requirements of Tree Permit CDTP17-00050.
CDDP22-03004: This Development Plan, to amend Development Plan CDDP20-03012 to grant an exception to the requirements and regulations of County Code Title 9, Section 914-2.004 (Offsite Collect and Convey) was approved by the Zoning Administrator on August 1, 2022. A building permit has not been issued for the project and the Development Plan has expired.
IV. SITE/AREA DESCRIPTION
The project site is a landlocked 14,374 square-foot vacant parcel located southeast of Appian Way and north of Santa Rita Road. The site is behind the parcel at 4426 Appian Way and is approximately 0.3 mile from San Pablo Dam Road. The project site is shielded from Appian Way by the commercial-residential building on 4426 Appian Way and its associated parking lot, and by the riparian habitat along Appian Creek on the vacant parcel at 4448 Appian Way, adjacent to and north of the site. The tree-covered southwestern portion of the site slopes upward and is bordered to the southwest by single-family residences on Johnson Hill Court.
The project neighborhood is comprised of single-family and multifamily residences, commercial businesses, and vacant lots. The immediate vicinity along Appian Way includes multiple-family developments, and a single-family residence. Further to the east on Appian Way are multiple-family buildings, a few single-family residences, a mobile home park, senior citizen apartments, and a few commercial businesses at the intersection of Appian Way and La Paloma Road. Further to the west along Appian Way is a vacant lot, a single-family residence, and commercial businesses, including a grocery store on the south side of Appian Way at the intersection of Appian Way and Santa Rita Road. Most of the properties along Appian Way have landscape trees, and Appian Creek on the south side of Appian Way has visible tree cover; however, the commercial properties do not have landscape trees.
The residential buildings in this area of El Sobrante do not have any predominant architectural style. The single-family residences and commercial buildings are one-story buildings; however, the grocery store is taller than other one-story buildings. The multiple-family buildings are two to three-story buildings. Overall, the varying architectural styles and mix of residential and commercial land uses add visual interest to the neighborhood.
V. PROJECT DESCRIPTION
Under Development Plan CDDP22-03004, approved on August 1, 2022, a duplex can be constructed and occupied on the project site. The plans for the current CDDP24-03018 application are the same plans approved for CDDP22-03004, and show a two-story, 25-foot 5½-inch duplex building with two two-story residential units that would be 1,995 square feet and 2,010 square feet in size. Each dwelling unit would have three bedrooms, three bathrooms, an upstairs great room with a living area, dining area, and kitchen, and a separate downstairs family room. Each unit would have an attached 452 square-foot two-car garage. In addition, there would be two guest parking spaces on the driveway apron.
Access to the project site would be via the driveway/parking lot of 4426 Appian Way (APN 425-210-017). The applicant submitted a proposed CC&Rs and Easement Maintenance Agreement for an access and utility easement across 4426 Appian Way for access to and from Appian Way. Condition of Approval (COA) #5 of the CDDP22-03004 Permit required the CC&Rs and Easement Maintenance Agreement to be recorded with the deed to the property prior to application for a building permit. This COA is included as COA #8 in the Conditions of Approval and Advisory Notes.
The project site and the adjacent parcel at 4448 Appian Way are subject to approved Tree Permit CDTP17-00050, which requires the planting of six restitution trees, including two trees on the site and four trees on the adjacent parcel. This requirement was included in the CDDP22-03004 Permit as COA #6. This COA is included as COA #9 in the Conditions of Approval and Advisory Notes.
VI. AGENCY COMMENTS
An Agency Comment Request packet for the proposed two-story duplex was sent on May 1, 2024, to several public agencies, including Building Inspection Division, Housing and Community Improvement Division, Environmental Health Division of the Health Services Department, Engineering Services Division of the Public Works Department Environmental Health Division of the Health Services Department, Engineering Services Division of the Public Works Department, Contra Costa County Fire Protection District, West County Wastewater District, East Bay Municipal Utility District, City of Richmond, City of Richmond, El Sobrante Municipal Advisory Council, and Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment 2. The following are summaries of the agency comments received and, as appropriate, staff responses to the comments.
A. West County Wastewater District: On May 1, 2024, the Wastewater District submitted a letter stating that the applicant must comply with all applicable District rules and regulations.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the building plans must receive prior approval and be stamped by the Wastewater District.
B. El Sobrante Municipal Advisory Council (ESMAC): On May 9, 2024, the ESMAC submitted an email recommending the approval of the project. The ESMAC noted a concern about potential landslides during construction.
If the Development Plan application is approved, the Building Inspection Division will review and approve all grading and building plans, and inspect the construction work in the field.
C. Contra Costa County Fire Protection District: On May 15, 2024, the Fire Protection District resubmitted its letter commenting on the prior CDDP22-03004 application, stating that access to the duplex appears to comply with District requirements. The Fire Protection District stated that plans must be submitted to the District for approval prior to installation, including plans for the access roadway, residential plans, fire sprinklers, and vegetative management.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is required to submit plans for new construction to the Fire Protection District and comply with District requirements, and that plans submitted for a building permit must receive prior approval and be stamped by the District.
D. Housing and Community Improvement Division: On May 17, 2024, the Housing and Community Improvement Division submitted a memorandum stating the project will not result in a net loss in General Plan Housing Element sites inventory capacity and will not be required by state law to provide findings as a part of an entitlement approval.
E. East Bay Municipal Utility District (EBMUD): On May 20, 2024, EBMUD submitted a memorandum stating that water service for new multi-unit structures shall be in accordance with Section 537 of California’s Water Code & Section 1954.201-219 of California Civil Code.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant must comply with the requirements of the Utility District.
F. Public Works: On August 22, 2024, the Public Works Department submitted a letter stating that the comments and recommendations for the prior approved CDDP22-03004 Development Plan are still applicable.
The Engineering Services Division conditions of approval and advisory notes for CDDP24-03018 are incorporated in the Conditions of Approval and the Advisory Notes.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project site is located within the HEC Housing Element Consistency General Plan land use designation. The HEC designation is intended to allow residential buildings and unit types that enable achievement of the specified densities identified in the General Plan Housing Element, along with accessory buildings and structures normally auxiliary to them. The project entails the construction of a two-story duplex at a density consistent with the Housing Element. Thus, the residential project does not conflict with the intent and purpose of the HEC designation.
The application is subject to the Policies for the El Sobrante Area, Policies 3.165 through 3.187 of the General Plan Land Use Element. Following are policies relevant to the project.
Policy 3-165. El Sobrante is a diverse and beautiful community, which cherishes its unique character, especially its scenic beauty, open spaces, and local charm. The community is dedicated to protecting and enhancing the quality of life while addressing development pressures that are common in the Bay Area, including, the effects of suburbanization and urban sprawl, regional traffic congestion, and demand for public services. The overall goal of the area is to retain and reinforce the semi-rural and suburban character of the community with its strong emphasis on single-family residences, the feature which has drawn most of the residents to the area. The following principles are to be used in guiding development and the land use decision-making process in El Sobrante:
(a) Change should be harmonized to enhance El Sobrante’s unique semi-rural/suburban character and to preserve its scenic environment.
(b) Growth and economic development should be targeted in a manner to preserve open space and agricultural land, to meet community needs, to help revitalize the commercial core, and generally to enhance the quality of life of area residents.
(c) El Sobrante is envisioned as a culturally diverse residential community with vibrant local-serving businesses, amenities and services for children, families, and the elderly, and parks and recreational facilities to meet community needs.
(d) El Sobrante’s built environment should be designed and developed at a human scale, incorporating healthy community concepts that make provisions for walking, bicycling, and other non-motorized transportation, recreation, access to healthy foods, and energy and resource efficient buildings and development.
The duplex will enhance the neighborhood by developing an underutilized parcel while addressing the need for housing and meeting the community’s needs. The duplex will be of a contemporary architectural design with materials, colors, and details that blend in well with the neighborhood.
Policy 3-171. Minimize the number of streets and driveways intersecting or entering San Pablo Dam Road, Appian Way, and Valley View Road:
As previously mentioned, the project site is landlocked, the parcel to the north at 4426 Appian Way (APN 425-210-017) has an existing driveway that will be utilized to provide access to the project site. The property owner is required to record CC&Rs and an Easement Maintenance Agreement with the deed to the property prior to application for a building permit. This requirement is included as COA #8 in the Conditions of Approval and Advisory Notes. Thus, no new driveways will be created to enter Appian Way.
Policy 3-172. Provide for well-designed projects and limited vehicular access to traffic arterials through the assembly of the deep, narrow parcels of land along San Pablo Dam Road and Appian Way.
Although the project does not propose to assemble parcels, the duplex will have access to Appian Way through an existing driveway from the parcel to the north of the project site. The driveway will provide a well-designed access to mitigate traffic.
Policy 3-179. Upgrade the community's drainage system to eliminate problems caused by local inundation, ponding, and sheet overflow during storms, and eliminate open drainage ditches along portions of Appian Way and San Pablo Dam Road and throughout the community.
The project will increase the 10-year peak storm water flows by a negligible amount relative to the 530 cubic feet per second the County has determined the 10-year peak storm water flow to be at this location in Appian Creek. Furthermore, the conditions of approval would require the applicant to verify the adequacy at any downstream drainage facility accepting stormwater from this project prior to discharging runoff. If the downstream system(s) is inadequate to handle the existing and project condition for the required design storm event, the applicant must construct improvements to make system adequate.
The application is also subject to the General Plan Land Use Element Policies for Appian Way Corridor Special Concern Area, Policies 3.204(a) through 3.204(t). The proposed project would be consistent with these policies and in particular with Policy 3.208(h) by providing a well-designed residential development that minimizes building presence on Appian Way.
Appian Way is a designated arterial in the Transportation and Circulation Element of the General Plan. As an arterial, the roadway functions to move traffic through the El Sobrante area between San Pablo Dam Road to the south and Interstate 80 near the Pinole Vista Shopping Center to the north. In the project vicinity, Appian Way consists of two travel lanes, a center left-turn lane, and two parking lanes. The proposed project would not change the configuration of Appian Way. The project would not create a new driveway and would utilize and existing driveway that serves the commercial-residential building at 4426 Appian Way. Development of the two residential units in a duplex building would not have a substantial impact on traffic on Appian Way, and therefore, would be consistent with General Plan transportation policies for arterials.
B. Zoning Compliance: The project site is located in the HE-C Housing Element Consistency District. The intent and purpose of the HE-C District is to enable residential development of identified parcels at densities identified in and consistent with the County's Housing Element. The duplex is consistent with the intent and purpose of the HE-C District. Further, as shown on the table below, the duplex is consistent with the development standards for lot coverage, building height, front yard setback, side yard setback, rear yard setback, and parking spaces.
|
Development Standards |
HE-C Density - Residential Medium |
Subject Project |
|
Allowable Density |
0 to 30 Units Per Acre |
6 Units Per Acre |
|
Minimum Side Yard |
5 feet |
5 feet |
|
Minimum Front Yard |
10 feet |
17 feet |
|
Minimum Rear Yard |
15 feet |
Approximately 64 feet |
|
Maximum Building Height |
45 feet |
25 feet - 5 ½ inches |
|
Maximum Lot Coverage |
50% |
17.7% |
|
Parking Spaces |
2 Per Unit |
2 Per Unit |
The duplex will be of contemporary architectural design with materials, colors, and details that blend in well in the neighborhood which has no predominant architectural style. The project will be similar to the existing residential development and will enhance the overall positive residential character of the area along Appian Way, and therefore, the proposed new two-story duplex meets the intent and purpose of the HE-C District.
C. Tree Permit CDTP17-00050: This Tree Permit for 25 code-protected trees that had been removed from APNs 425-210-044 and 425-210-045 (formerly APNs 425-210-014 and 425-210-038) was approved by the County Zoning Administrator on December 21, 2017. Since the action authorized in the Tree Permit, i.e., the removal of 25 trees, has been completed, the CDTP17-00050 COAs remain valid and are applicable to the CDDP24-03018 Development Plan. CDTP17-00050 COA #3.a requires the planting of six trees as restitution for the removed trees. The applicant proposes to plant two restitution trees on APN 425-210-044 as partial implementation of the tree planting requirements of the Tree Permit. The remaining four restitution trees would be planted as part of the CDDP24-03019 Development Plan for a duplex on the adjacent parcel at 4448 Appian Way (APN 425-210-045).
D. Request for Exception: County Code Title 9, Section 914-2.004 requires all surface waters from the project site to be collected and conveyed, without diversion, to an adequate natural watercourse or to an existing adequate public storm drainage system. The applicant requests an exception to the offsite collect and convey requirements, because the existing Appian Creek concrete culvert is inadequate and does not meet the Contra Costa County Flood Control District’s required flow rate, and therefore, the proposed project would not comply with Section 914-2.004.
Three findings are required pursuant to County Code Section 92-6.002, in order to grant the request for exception. The three findings are discussed below.
Finding 1: There are unusual circumstances or conditions affecting the property.
The project site is landlocked with an upward slope starting at 115 feet above sea level at the north end of the property, up to 155 feet above sea level at the south end of the property(rear). A drainage study was prepared for the subject property and the adjacent property to the east, outlining the combined drainage impacts from the proposed project and the development of the adjacent lot. The drainage study indicates the existing undeveloped condition for the subject parcels directs up to 0.84 cubic feet per second (cfs) (10-year peak flow) of stormwater runoff directly into Appian Creek. The study projects that post development the subject parcels will direct a 10-year peak flow of 1.80 cfs. The combined post development flows will be collected and conveyed in a new 12-inch storm drainpipe to Appian Way, connecting into an existing catch basin situated on the south curb of the Appian Way bridge above Appian Creek and out falling directly into Appian Creek through a concrete culvert. Therefore, allowing the property owner an exception to the collect and convey requirements is appropriate.
Finding 2: The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant.
The exception is necessary for the preservation of the applicant’s right to develop the underutilized parcel of land. To expand the capacity of Appian Creek to accommodate the drainage from the subject project, major drainage improvements would have to be made, that would be prohibitively costly given the scope of the proposed project. Given that the HE-C Zoning District allows for construction of residential buildings on a legally created lot, the exception request will allow the property owner an opportunity to execute a project that is consistent with the development outlined in and expected by the County’s Housing Element.
Finding 3: The granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
The project will develop the existing vacant lot with a duplex that will be consistent with both the General Plan and the HE-C Zoning District. The development of this property increases the 10-year peak storm water flows by a negligible amount relative to the 530 cfs the County has determined the 10-year peak storm water flow to be at this location in Appian Creek. If the applicant is not allowed to add a negligible amount of surface water to the Appian Creek culvert, the lot will not be developed and will remain as a vacant residential lot.
The existing concrete box culvert under Appian Way is inadequate to convey the Contra Costa County Flood Control District’s required 10-year peak flow of 530 cfs. The increase in the 10-year peak flow from existing conditions to proposed conditions with the project is 0.96 cfs. This increased flow could result in a negligible 0.002-foot increase of the base flood water surface elevation for 10-year peak flow from the combined two projects. Additionally, the lack of maintenance access downstream of the culvert inhibits the ability to clear some of the sediment out of the culvert to increase its capacity.
Typically, County Code Title 9, Section 914-2.004, requires constructing improvements to make the system adequate. However, a small increase in runoff from post-development conditions will not significantly alter the existing drainage patterns, which are already inadequate as explained above. Additionally, FEMA's hydraulic studies typically reflect existing conditions whereas the Flood Control District's studies take into account the ultimate buildout of a watershed, which results in higher peak flows than FEMA's values. The FEMA study finds that the existing system will be adequate to convey the peak flows from the development for a 10-year storm event. The proposed development is physically suitable for the type, density, and intensity for this site.
VIII. CONCLUSION
Construction of the proposed new two-story duplex is consistent with the HEC Housing Element Consistency General Plan land use designation and complies with the requirements of the HE-C Housing Element Consistency Zoning District. Allowing the exception to offsite collect and convey requirements would not significantly alter drainage patterns along Appian Creek and would allow the duplex to be developed on the site. Therefore, staff recommends approval of Development Plan CDDP24-03018 that authorizes the exception to County Code Title 9, Section 914-2.004 and allows the construction and operation of a new two-story duplex on a vacant parcel, based on the attached findings and subject to the attached conditions of approval.