Project Title:
18 Eagle Hill Road Kensington Design Review Development Plan
County File(s):
CDDP24-03059
Applicant/Owners:
Debbie Chernoff, Jack Backus Architects (Applicant) / Timothy and Catherine Lo (Owners)
Zoning/General Plan:
R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / RM Residential Medium Density
Site Address/Location:
18 Eagle Hill Road in the Kensington area of unincorporated Contra Costa County (APN: 571-070-010)
California Environmental Quality Act (CEQA) Status:
Categorical Exemption, CEQA Guidelines Sections 15303(a)
Project Planner:
Diana Lecca, Project Planner, (925) 655-2869
Diana.Lecca@dcd.cccounty.us
Staff Recommendation:
Approve (See section II for full recommendation)
I. PROJECT SUMMARY
The applicant requests approval of a Kensington Design Review Development Plan for a new two-story single-family residence totaling 3,524 square feet on a vacant lot, with grading of 207 cubic yards of fill and 182 cubic yards of cut. The applicant also requests approval of a Tree Permit for the removal of an 8-inch diameter Blueberry tree, and work within the dripline of six Oak trees, ranging from 6-inches to 22-inches in diameter.
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(a) of the CEQA Guidelines.
B. APPROVE Kensington Design Review Development Plan CDDP24-03059 for the construction of a new single-family residence that has a gross floor area of 3,524 square feet on a vacant lot, and a Tree Permit for the removal of a code-protected Blueberry tree and work within the dripline of six Oak trees, based on the attached findings and subject to the attached conditions of approval.
C. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: RM Residential Medium Density.
B. Zoning: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 153013(a), New Construction, Class 3 exemption for the construction of one single-family residence in a residential zone.
D. Previous Applications: There are no prior planning applications.
IV. SITE/AREA DESCRIPTION
The project site is a 6,525 square-foot trapezoidal parcel located on the south side of Eagle Hill Road between the cul-de-sac portion of Eagle Hill Road and Edgecroft Road in a neighborhood comprised of single-family residences. The subject parcel was created as part of the Kensington Park Subdivision Block 3, recorded on May 1, 1911. The parcel has a width of 35 feet along Eagle Hill Road and 56.45 feet along Edgecroft Road, and a depth of approximately 158 feet at its longest side. The parcel is vacant with no building permit records for any structure having ever been constructed on property. The parcel includes a number of trees and vegetation towards the southwestern portion of the lot abutting Edgecroft Road, where the slope is the steepest.
The terrain in this part of Kensington consists of moderate to steeply sloped hillsides. Generally, the elevation decreases from Eagle Hill Road down to Edgecroft Road. The slopes and residential designs that accommodate the hilly terrain provide expansive views towards San Francisco Bay, showcasing landmarks such as the Golden Gate Bridge, and the Bay Bridge. The terrain creates conditions that are suitable for multi-level home designs with entrances at each level, and the surrounding neighborhood generally consists of two-story homes. The residences on the south side of Eagle Hill Road follow a massing pattern similar to the proposed residence, with the Eagle Hill Road side having the higher elevation compared to the secondary road frontage along Edgecroft Road. Properties on the north side of Eagle Hill Road across from the project site sit at a higher elevation.
V. PROJECT DESCRIPTION
The applicant requests approval of a Kensington Design Review Development Plan for the construction of a new two-story single-family residence that has a gross floor area of 3,524 square feet on a vacant lot. The residence includes a main floor area of 1,765 square feet, a lower floor area of 905 square feet, a 480 square-foot attached garage, and a 374 square-foot covered deck. Construction of the residence will require grading, including 207 cubic yards of fill and 182 cubic yards of cut. The grading is necessary to create a pad for the lower floor of the residence, as shown on the building sections of the project plans, which are included in Attachment C. The project includes a Tree Permit for the removal of one code-protected 8-inch diameter Blueberry tree as well as work within the dripline of six code-protected Oak trees, ranging from 6-inches to 22-inches in diameter.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on December 19, 2024, to a number of public agencies, including the Building Inspection Division, the Environmental Health Division of Contra Costa Health, the Kensington Fire Protection District, the Stege Sanitary District, East the Bay Municipal Utility District, the City of El Cerrito, the Kensington Municipal Advisory Council, and the Contra Costa Mosquito and Vector Control District. The Agency Comment Request packet was also reviewed by the Engineering Services Division of the Public Works Department. Agency comments received by staff are included in Attachment D. Following are summaries of the agency comments received.
A. East Bay Municipal Utility District: On January 6, 2025, the East Bay Municipal Utility District submitted a memorandum stating that if additional water service is needed, the applicant should contact their New Business Office and that new water service will not be provided unless applicable water efficiency measures are installed.
B. Kensington Municipal Advisory Council (MAC): On April 1, 2025, staff of the District 1 Supervisor submitted an email stating that the Kensington MAC recommended approval of the CDDP24-03059 project by a vote of 5-0 at its meeting on March 26, 2025, after the applicant made project modifications due to neighbor concerns.
C. Engineering Services Division of the Public Works Department: On August 15, 2025, the Engineering Services Division submitted an email stating that the project meets the collect and convey drainage requirements.
VII. STAFF ANALYSIS
A. General Plan Consistency: The 6,525 square-foot subject parcel is located within the RM Residential Medium Density General Plan land use designation. The RM designation allows for a residential density between 7-17 units per net acre. The RM designation is intended to promote higher-density single-family and low-density multiple-family residential development with lot sizes typically in the range of 2,500 to 6,000 square feet; however, lots are not limited to those size parameters. The project includes construction of one new single-family residence on the parcel which would result in a residential density of 8.34 units per net acre. Therefore, the project conforms to the residential density of the RM designation. Additionally, the proposed single-family residence is consistent with the typical uses allowed within the RM General Plan land use designation. The proposed residence will not alter the land use on the property and does not conflict with the intent and purpose of the RM designation.
Specific Area Policies: The Stronger Communities Element of the General Plan contains policies for specific geographic areas of the unincorporated County, including the Kensington area. Following is a detailed discussion of the proposed project's consistency with relevant policies.
* Kensington Policy 1: Prioritize mitigation of wildfire and earthquake exposure when reviewing new development proposals.
The project site is readily serviced by the Kensington Fire Department and will be required to undergo structural review to address fire prevention. Additionally, the project has been reviewed by the County Geologist whose recommendations have been included in the Conditions of Approval.
* Kensington Policy 3. Ensure new development provides reasonable protection for existing residences regarding views, design compatibility (including building mass, height, and mechanical devices), adequate parking, privacy, and access to sunlight.
1. Views: The construction of the new single-family residence will not impact any surrounding views as defined in Chapter 84-74 (-K Kensington Combining District), Section 84-74.404(r). The residence follows the slope of the subject parcel and does not exceed the 35 feet height limit or two and 1/2 story limit. Additionally, there are no residences located immediately to the north of the project that would have their views of the San Francsico Bay blocked. The parcels on the opposite side of Eagle Hill Road are at a higher elevation, therefore their existing scenic vistas would be unaffected by any proposed development.
2. Design Compatibility; Bulk: The proposed new residence will be constructed on a lot with a negative slope away from the Eagle Hill Road frontage. The residence will be constructed with design elements similar to other residences in the vicinity. The development footprint of the residence will comply with applicable setbacks. The main floor of the residence is in line with those of other residences on the south side of Eagle Hill Road. The lower floor of the residence is not visible from the street frontage.
3. Design Compatibility; Size: The new residence has a gross floor area of 3,524 square feet, which includes a 480 square-foot garage, and a 374 square-foot covered deck area. The floor area for the residence is approximately 2,670 square feet, which is consistent with the sizes of residences in the neighborhood that range between 1,500 square feet and 4,400 square feet. Although the square footage exceeds the threshold for the Kensington Combining District, the size is not excessive for the neighborhood. Thus, the scale of the project is within the range of existing homes in the area
4. Design Compatibility; Height: The proposed residence will have a maximum height of 34'-3" feet and a maximum of two stories. The project does not exceed the maximum height allowance of 35 feet or two and 1/2 stories and is compatible with surrounding houses in that many houses along Eagle Hill Road are multi-leveled and two stories due to the steep topography.
5. Adequate Parking: The R-6 zoning district standards require two off-street parking spaces unless the parcel was created prior to September 9, 1971, in which case a single parking space would be required. The subject parcel was created in 1911, and therefore only one parking space is required. The proposed project includes a 2-car garage attached to the main residence and therefore, the project provides adequate parking.
6. Privacy: The new residence has a number of windows on both sides with most of them being fixed and used primarily for lighting and solar access to the residence. The open areas including the courtyard and decks are primarily set towards the rear, thereby minimizing intrusion on adjacent neighbors. The configuration of the window panels and the open areas adjust to the elevation changes and maintains a reasonable level of privacy between properties.
7. Access to Light: The project will not have any impact on the natural light currently enjoyed by residences in the neighborhood as the orientation of the parcel and placement of the residence is towards the south and the bulk of the residence is further from the front. Additionally, due to the position of the sun, the project would not cast shadows onto any surrounding properties, as it does not tower over adjacent residences.
* Kensington Policy 4: When reviewing new development proposals, ensure views of scenic natural features (e.g., San Francisco Bay, distant mountains) and the developed environment (e.g., bridges, San Francisco skyline) are substantially preserved.
San Francisco Bay and some natural and built-out features within it, like the bridges and city skylines, are visible from the neighborhood looking southwest from Eagle Hill. However, the proposed project has no impact with respect to views as the parcel on the opposite side of Eagle Hill Road are on higher ground than the subject parcel. Moreover, because of the negative slope, the house appears to be only 12 feet tall from the street frontage with some additional taller elements reaching approximately 17 feet in height as viewed from the street. Therefore, views of the San Francisco bay are substantially preserved.
* Kensington Policy 5. For new developments, encourage building scale, massing, architectural style, and materials to provide harmonious scale transitions and blend with the surrounding existing residential neighborhood.
See Staff Response for Kensington Policy 3 above.
Land Use Policies: The Land Use Element of the General Plan contains policies relevant to the proposed project including the following.
* Land Use Policy LU-P5.1: Allow development only where requisite community services, facilities, and infrastructure can be provided.
The project is readily serviced by the East Bay Municipal District, the Stege Sanitary and the Kensington Fire Protection District. Therefore, the existing infrastructure can be provided to the new development.
* Land use Policy LU-P7.5: Require new residential development to be planned, designed, and constructed in a way that promotes health, minimizes hazard exposure for future residents, and mitigates potential adverse effects on natural resources and the environment.
The project is subject to the -K Kensington Combining District which requires development to be compatible with the Kensington area. As discussed above, the project is designed to minimize view impacts, meets the setbacks and does not have any potential adverse effects.
B. Zoning Compliance: The subject parcel is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District.
County Code Chapter 84-4 (R-6 Single-Family Residential District): The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed residence conforms to all R-6 development standards (e.g. front setback, side and rear yards, building height, off- street parking). As discussed in Section IV (Site/Area Description), the subject parcel is part of the Kensington Park Subdivision Block 3, which was created in 1911, and has a width of 35 feet along Eagle Hill Road. Pursuant to County Code Section 82-14.004 (Side Yards on Lots Established Before Effective Date), a minimum single side yard of 3 feet and a minimum aggregate side yard of 8 feet applies to the parcel. The project provides a minimum single side yard of 5 feet and a minimum aggregate side yard of 10 feet 2 inches, and meets the reduced side yard standards. Therefore, the proposed single-family residence meets the intent and purpose of the R-6 District.
County Code Chapter 816-2 (Tree Obstruction of Views (-TOV) Combining District): The property is located within the -TOV Tree Obstruction of Views Combining District. The purposes of this chapter are to establish the right of a property owner to seek the restoration of views and sunlight that existed when the property owner purchased their property, and to establish a process by which property owners may seek restoration of these views and sunlight when they are unreasonably obstructed by the growth of trees on another property. The project seeks to remove one Blueberry tree due to its location and conflict with development. All other vegetation and trees on site are set to be preserved and maintain the same character and retain the aesthetic benefits provided to the neighborhood prior to development.
County Code Chapter 84-74 (-K Kensington Combining District): Section 84-74.802 of the County Code sets the gross floor area threshold standard for projects within the -K Kensington Combining District. Projects that exceed the specific lot threshold require a Development Plan application and a public hearing. For a lot size of 6,525 square feet, the gross floor area threshold standard is 2,800 square feet. The gross floor area for this project is 3,524 square feet which includes the 2,670 square-foot main residence, a 480 square-foot attached garage, and a 374 square-foot covered deck. Although this would be one of the larger residences in the immediate vicinity, it is not excessive for the area as there is at least one other residence exceeding 4,000 square feet in size. The project will also not impose any limitations with respect to views, privacy and parking constraints on the adjacent lots. The project includes tiered two-story development that complies with the R-6 height regulations and minimizes potential sunlight and view protection infringements. The residence follows the downslope of the lot and is limited to the location on the parcel as generally shown on the project plans and is compatible with the surrounding area. Thus, the project meets the regulations of the Kensington Combining District.
C. Traffic and Circulation: The subject parcel fronts Eagle Hill Road, and Edgecroft Road on the opposite side. Edgecroft Road is a publicly maintained road, while Eagle Hill Road is a privately maintained road. The applicant proposes a single driveway access off Eagle Hill Road, and no access from Edgecroft Road. The project provides a two-car garage, which exceeds the required number of off-street parking spaces. No additional right-of-way improvements are necessary with this application. Thus, the project will not obstruct circulation on either Eagle Hill Road or Edgecroft Road.
D. 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.
Based on available topography, drainage is generally conveyed north to south from Eagle Hill Road. The applicant has proposed to collect onsite drainage into two infiltration devices located on the southern and lower portion of the lot to reduce the flows. Stormwater is collected on the side of the proposed residence and directed toward the rear of the lot (downhill), as it then naturally flows downhill to the curb and gutter on Edgecroft Road. The Engineering Services Division of the Public Works Department has reviewed the proposed project drainage system and has determined it to be sufficient to avoid stormwater running off onto neighboring properties.
E. Stormwater Management and Discharge Control Ordinance: A Stormwater Control Plan (SWCP) is required for applications that will create and/or redevelop impervious surface area exceeding 10,000 square feet in compliance with the County's Stormwater Management and Discharge Control Ordinance and the County's Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit. Given that the project parcel is less than 10,000 square feet in area, the proposed project is below the threshold for required submittal of a SWCP. However, the applicant may be required to submit a SWCP for a Small Land Development Project with the building permit application for the residence.
F. Tree Protection and Preservation Ordinance:
The project also includes a Tree Permit for the removal of an 8-inch diameter Blueberry tree, and work within the dripline of six Oak trees, ranging from 6-inches to 22-inches in diameter. The location of the Blueberry tree is in the development area where the proposed residence is to be located and the Oak trees would be encroached upon by the residence. The residence is sited on the subject parcel to conform to applicable yard setbacks and to avoid the steep downslope on the southern portion of the parcel near Edgecroft Road. Thus, the factors for approval of a tree permit pursuant to the County Tree Protection and Preservation Ordinance have been established.
VIII. CONCLUSION
Construction of the proposed two-story residence is consistent with the RM Residential Medium Density General Plan land use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District, the -K Kensington Combining District, and the Tree Protection and Preservation Ordinance. The project site is a vacant lot within an established single-family residential neighborhood. The proposed residence exceeds the maximum allowed gross floor area for the lot size; however, the bulk is not excessive for the area and development of the vacant lot will preserve property values of the surrounding area. Staff recommends that the Zoning Administrator approve Kensington Design Review Development Plan CDDP24-03059 to construct a new two-story 3,524 square foot residence on a vacant lot, with grading of 207 cubic yards of fill and 182 cubic yards of cut, and a Tree Permit for the removal of one Blueberry tree and work within the dripline of six Oak trees, based on the attached findings and subject to the attached conditions of approval.
County Zoning Administrator - September 15, 2025
CDDP24-03059
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