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Project Title: |
Appeal of Kensington Design Review and Development Plan for New Single-Family Residence on Colusa Ave. |
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County File Number: |
CDDP24-03060 |
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Appellants: |
David and Sandra Gerstel |
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Applicant: |
Thomas Biggs |
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Owner: |
Robel Asefaw |
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Zoning/General Plan: |
R-6 Single-Family Residential District (R-6), Kensington Combining District (-K), Tree Obstruction of Views Combining District (-TOV)/ Residential Medium Density (RM) |
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Site Address/Location: |
279 Colusa Ave, Kensington / APN: 571-350-018 |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15303(a)-One Single-Family residence. |
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Project Planner: |
Everett Louie, Planner III - Phone: (925) 655-2873 Email: everett.louie@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
This is a hearing on an appeal of the Zoning Administrator’s decision to approve a Kensington Development Plan and Design Review to convert the existing residence to a dwelling unit (ADU) and construct a new approximately 1,643-square-foot, two-story, single-family residence with an approximately 54-square-foot covered front porch and an approximately 83-square-foot covered second story balcony. The combined gross floor area of the new residence and ADU will be 3,235 square feet, where the threshold is 2,600 square feet for triggering a development plan hearing.
II. RECOMMENDATION
The Department of Conservation and Development, Community Development Division (CDD) Staff recommends that the County Planning Commission:
A. OPEN the public hearing, RECEIVE testimony, and CLOSE the public hearing.
B. DENY the appeal by David and Sandra Gerstel.
C. FIND that the proposed project is exempt under CEQA Guidelines Section 15303(a).
D. APPROVE the Development Plan and Design Review for the construction of a new two-story single-family residence (CDDP24-03060).
E. APPROVE the findings in support of the project.
F. APPROVE the project conditions of approval.
G. DIRECT the Department of Conservation and Development to file a Notice of Exemption with the County Clerk.
III. BACKGROUND
The development plan and design review application was submitted to the Department of Conservation and Development (DCD) on December 12, 2024. The project was scheduled for a public hearing before the Zoning Administrator on May 19, 2025. At the hearing the Zoning Administrator opened the public hearing and received testimony from the applicant and neighbors. The Zoning Administrator continued the project as a closed public hearing to June 2, 2025, in order to review the public testimony. At the June 2, 2025, hearing, the Zoning Administrator approved the project with a few modifications to the conditions of approval #1 and 2. Revised condition of approval #1 rephrased the verbiage of what aspects of the project were being approved and revised condition of approval #2 rephased the verbiage of what documents the approval was based on.
Subsequent the Zoning Administrator’s decision, a letter appealing the decision was timely filed by David and Sandra Gerstel on June 6, 2025. Staff’s analysis and response to the appeal letter is discussed in Section VII (Appeal of Zoning Administrator’s decision) of this Staff Report.
IV. GENERAL INFORMATION
1. General Plan: The subject property is located within a Residential Medium Density (RM) General Plan land Use designation.
2. Zoning: The subject property is located within the R-6 Single-Family Residential District (R-6), Kensington Combining District (-K), and Tree Obstruction of Views Combining District (-TOV).
3. California Environmental Quality Act (CEQA) Compliance: The proposed project is exempt under CEQA Guidelines Section 15303(a) - single-family residence. The proposed project will construct one new single-family residence. Therefore, the project is exempt under CEQA Guidelines Section 15303(a) which exempts one single-family residence.
4. Lot Creation: The subject property was created on July 7, 1913, Lot 24, as part of the Berkeley Park Subdivision.
5. Previous Applications:
1) CDSU24-00141: An ADU application to convert the existing single-family residence into an Accessory Dwelling Unit was approved on February 10, 2025.
V. SITE/AREA DESCRIPTION
Site Description: The subject site is a 5,160-square-foot parcel located within a single-family residential neighborhood in the Kensington area. The subject parcel gains access from, and fronts Colusa Ave to the west. The rectangular shaped parcel is currently occupied with a 1,455-square-foot single-family residence with an attached garage. The existing residence will be converted to an accessory dwelling unit (ADU). The parcel slopes steeply up from Colusa Ave which is at 145 feet above sea level and rises to 163 feet above sea level at the rear. There are no existing trees on the site.
Surrounding Land Uses: Surrounding parcels are predominantly rectangular and all contain existing single-family residences. Parcels on the western side of Colusa Ave are located within the City of El Cerrito jurisdiction. Parcels to the north, south and east share the same zoning as the subject property of R-6, -TOV and -K. Properties immediately north, south and east share the General Plan designation of Residential Medium Density (RM) General Plan. Land uses within this neighborhood are predominantly single-family uses and those uses accessory to a single-family dwelling.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Development Plan and Kensington Design Review for the conversion of the existing single-family residence into an ADU and the construction of a new 1,643-square-foot, two-story single-family residence with an approximately 54-square-foot front covered porch and an approximately 83-square-foot covered second story balcony for a total gross floor area of 1,780-square-feet. The project requires a public hearing because the total gross floor area of all existing and proposed structures on the site is 3,235 square feet, which exceeds the threshold for a hearing of 2,600 square feet. The residence is designed to include two main floors of a conditioned living area and a second story balcony that faces the frontage. There will also be a covered porch over the front door. The conversion of the existing residence to an ADU will be processed ministerially in accordance with the County’s accessory dwelling unit ordinance and is not subject to the discretion of the County and is not subject to the design review or development plan process.
VII. APPEAL OF ZONING ADMINISTRATOR’S JUNE 2, 2025, DECISION
During the appeal period following approval by the Zoning Administrator, one appeal was received from David and Sandra Gerstel on June 6, 2025. The concerns raised in the appeal letter, and staff’s responses, are summarized as follows:
1. Summary of Appeal Point #1: The Zoning Administrator disregarded the Contra Costa County ADU Ordinance.
Staff Response: The project parcel has an approved Accessory Dwelling Unit Permit (ADU) County File #CDSU24-00151. An Accessory Dwelling Unit is required to be permitted ministerially under state law and is not subject to this Development Plan and Design Review permit. In order to obtain an Accessory Dwelling Unit Permit, an application must be filed and reviewed with the County. The Accessory Dwelling Unit proposed under County File #CDSU24-00151 was determined to comply with County Code 82-24.006 in that one internal conversion accessory dwelling unit is a permitted use on any lot in a single-family residential district (R-6). The Zoning Administrator determined that an ADU permit could be issued for the site because the ADU complied with the permitting procedure laid out in County Code 82-24.006. Furthermore, County Code 84-74.604(f) - Exemptions, determines that Accessory dwelling units that are in compliance with Chapter 82-24 - Accessory Dwelling Units, are exempt from the requirements of the Kensington Combining District Ordinance. Therefore, review of the ADU is not applicable to this project.
2. Summary of Appeal Point #2: The appellant expresses concern that the project disregards the Kensington Combining District Ordinance and that the project impacts privacy and property value of 283 Colusa Avenue.
Staff Response: The project is subject to the Kensington Combining District Findings which address privacy and property values. The Zoning Administrator approved the project based on the Kensington Combining District Findings. Specifically, the project is designed to minimize impacts on the surrounding neighborhood by exceeding the required development standards of the R-6 Zoning district. The table below shows the proposed project and how the project exceeds the development standards. Most notable, the project is well below the maximum 35’ height with a proposed height of 25.1’. The project exceeds the side, front and rear setback requirements and is subject to sliding scale because the property was created in 1913. Because the project exceeds the setbacks of the Zoning district, privacy in the neighborhood is increased as it prevents houses from being built to close, reduces direct sightlines into neighboring windows, yards and living areas, enhances noise reduction and reduces the visual clutter by creating a more spacious feeling between homes. All of this increases privacy for the neighborhood.
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Development Standards |
Proposed Project |
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Height - two and one-half stores or 35’ |
Two stories and 25.1’ |
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Side Setback - sliding scale 8’ aggregate and 3’ min |
15’-9” aggregate and 5’ 5/8” min |
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Front Setback - 20’ |
Greater than 60’ |
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Rear Setback - 15’ |
15’- 413/16” |
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Parking - 1 covered space |
1 covered space |
The project is also designed to not overshadow the neighboring property at 283 Colusa Avenue by mimicking the height of the residence for 283 Colusa Avenue. The applicant has submitted a plan sheet that shows the proposed project will be of similar height to the neighboring house. Sheet A1.0 - Site Section below shows that the project roofline is compatible with 283 Colusa.
To address privacy concerns, the applicant has removed the previously proposed rooftop terrace deck from the project. This revision was made in direct response to concerns that the deck would afford direct views into neighboring bedroom and bathroom windows and rear/side yards. The elimination of the rooftop deck significantly reduces potential privacy intrusions and helps address visual and spatial concerns raised by multiple neighbors.
Lastly, improving the site with a new single-family residence that is consistent with the development pattern in the neighborhood including generally meeting the R-6 standards will increase the parcel property value and enhance the existing neighborhood. New homes that meet zoning standards will increase the visual appeal of a neighborhood. As stated in Kensington Combining District Finding #5, construction of the new single-family residence will increase the value of the subject lot and maintain the value of the existing properties in the vicinity. Moreover, the project will increase the housing stock of this area (1 SFR and 1 ADU). The appellant states that the new residence is to large for the area. However Staff has found that the square-footage of the residence is consistent with the area in the below table:
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Address |
Size of House |
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279 Colusa Ave |
1780 SF |
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275 Colusa Ave |
1586 SF |
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285 Colusa Ave |
1498 SF |
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295 Colusa Ave |
2570 SF |
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1511 Valley Road |
2158 SF |
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305 Colusa Ave |
1837 SF |
Overall, the proposed development is consistent with the neighborhood development pattern. Thus, property values are maintained.
3. Summary of Appeal Point #3: The project sets a bad precedent for the neighborhood by allowing two residential units on one property as there is no similar development pattern in the area and that the project FAR is not consistent with 283 Colusa and the surrounding neighborhood
Staff Response: As mentioned in appeal point #1, State Law requires that ADU’s are processed ministerially and therefore are reviewed separately from this Development Plan and Design Review permit. The applicant has obtained an ADU permit from the Department of Conservation and Development which allows them to have one additional residential unit on the property. Moreover, having two residences on one property is a common occurrence in the vicinity of the project. The table below shows the parcel number, configuration of the property and distance from the project site of properties containing two residential units.
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Parcel |
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571-350-017 |
2 SFR |
South Neighbor Parcel |
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571-340-030 |
2 SFR |
437 feet south |
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571-340-029 |
1 SFR + 1 ADU |
478 feet south |
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571-340-027 |
2 SFR |
560 feet south |
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571-340-026 |
2 SFR |
560 feet south |
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571-320-005 |
1 SFR + 1 ADU |
1315 feet south |
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571-300-015 |
1 SFR + 1 ADU |
1006 feet southeast |
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571-170-010 |
1 SFR + 1 ADU |
1897 feet east |
In the appeal letter, the appellant states that allowing two residences on a property would be incompatible and that there is no similar development in kind. However, from the table above, it is evident that single-family zoning allows for multiple living units on a site. Moreover, the appellants are property owners where they have established a second residence (CDLP85-2106) which makes the project compatible with the adjacent parcels and surrounding neighborhood.
Lastly, the appellant states that because the project exceeds the gross floor area (GFA) threshold for the parcel, the project is incompatible with 283 Colusa and the surrounding neighborhood. County Code 84-74.404(h) defines gross floor to include all horizontal areas of any building and accessory building, accessory dwelling unit, and any covered areas. Therefore, the proposed project GFA is 3,235 square feet, which includes the proposed single-family residence, the existing Accessory Dwelling Unit, existing garage, and storage area adjacent to the garage. County Code 84-74.802(a) requires any proposed development that results in a gross floor area that exceeds the threshold standard to be heard at a public hearing. The proposed gross floor area of 3,235 square feet exceeds the gross floor area threshold standard for this parcel which is 2,600 square feet. Therefore, this project is required to be heard at a public hearing. A project subject to a public hearing will be reviewed in compliance with the standards of consideration under County Code 84-74.1206 which requires all development to be evaluated based on the following factors listed in County Code 84-74.1206:
• 84-74.1206(b): In reaching a decision, the zoning administrator shall apply a standard that balances the following factors: (1) recognizing the rights of property owners to improve the value and enjoyment of their property; (2) recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale and design; (3) minimizing impacts upon surrounding neighbors; (4) protecting the value and enjoyment of the neighbors' property; (5) maintaining the community's property values; (6) maximizing the use of existing interior space; and (7) promoting the general welfare, public health, and safety. Balancing of these factors will not result in the prohibition of development that is compatible with the neighborhood with regard to bulk and scale on parcels that have not been developed.
Staff evaluated the above seven (7) Kensington Combining District Findings in the Attachment A: Findings and Conditions of Approval. These findings include determining the following factors for approval:
• The project allows the property owner to improve their value and enjoyment of the property.
• The project is designed to be compatible with the neighborhood in terms of bulk, scale and design in that it meets the R-6 Zoning standards and the size of the new residence is consistent with other surrounding residences.
• The project minimizes impacts on surrounding neighbors by again complying with the R-6 Zoning standards in terms of height and setbacks, does not cast shadows onto neighboring properties or disturbs privacy.
• The project protects the value and enjoyment of neighbors properties in that the project does not obstruct any views of the San Francisco Bay and does not create privacy concerns by orienting the balcony view points towards the front.
• The project maintains the community’s property values because a single-family residence is an allowed use pursuant to the R-6 Zoning Code.
• The project is not subject to the existing interior space as it is a new proposed residence.
• The project promotes the general welfare, public health and safety of the area because it is a use that is allowed and will be required to obtain all the necessary permits.
A further detailed analysis of each finding is listed in Attachment A; Findings and Conditions of Approval. Therefore, because all criteria for approval stated in Section 84-74.1206 are satisfied for the proposed project as listed in the Findings, the proposed project can be found to be consistent and compatible with the surrounding neighborhood.
VIII. CONCLUSION
The proposed project is consistent with applicable goals and policies of the General Plan, with the Specific Area Policies of the Kensington area, complies with the Zoning District (R-6) standards and complies with the Kensington Combining District (-K). The project is in an older densely developed neighborhood where the allowance of small side yards are required in order to allow for reasonable construction. Moreover, the applicant has made several changes to the project such as lowering the building height and removing a previously requested rooftop terrace deck in order to address privacy and view concerns. Lastly, parcels with two residential units is a common development occurrence in this area of Kensington. Therefore, Staff recommends that the County Planning Commission deny the appeal and approve County File #CDDP24-03060, based on the attached findings and subject to the attached conditions of approval.
Attachments:
A. Findings and Conditions of Approval
B. Appeal Letter of Zoning Administrator’s Decision
C. Zoning Administrator Staff Report dated May 19, 2025
D. Project Plans
E. Site Photographs
F. Power Point Slides