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Project Title: |
Convenience Store for “La Michoacana” |
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County File(s): |
#CDLP26-02009 |
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Applicant: |
Antonio Morales, Ribas Services |
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Owner: |
Ahmed Abdullah |
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Zoning: General Plan: |
Bay Point P-1 Planned Unit District (P-1) Mixed-Use Community-Specific Density (MUC) |
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Site Address/Location: |
2379 Willow Pass Road, Bay Point, CA (APN: 095-021-009) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Section 15301, regarding the operation or minor alteration of an existing private structure or facility with negligible expansion of use |
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Project Planner: |
Chloe Partain, Project Planner, (925) 655-2857; chloe.partain@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit to establish a new convenience store “La Michoacana” within an existing commercial space of an existing commercial/residential building. Exterior siding and roof renovations, interior tenant improvements, parking layout improvements, and landscaping are proposed with no expansion of the building or commercial space.
II. RECOMMENDATION
Staff recommends that the Zoning Administrator:
A. OPEN the public hearing on the Convenience Store Project (Project), RECEIVE public testimony, and CLOSE the public hearing;
B. FIND that the proposed Project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301;
C. APPROVE the Land Use Permit, County File #CDLP26-02009, for the Project;
D. APPROVE the attached findings in support of the Project;
E. APPROVE the Project conditions of approval; and
F. DIRECT Staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: The subject property is located within the Mixed-Use Community Specific (MUC) General Plan land use designation.
B. Zoning: The subject property is located within the Bay Point Planned Unit District (P-1).
C. California Environmental Quality Act (CEQA) Compliance: Categorical Exemption - Class 1: CEQA Guidelines Section 15301, regarding “Existing Facilities,” which exempts the operation or minor alteration of existing private structures or facilities, involving negligible expansion of existing or former use. The proposed project involves the establishment of a new convenience store “La Michoacana” within an existing 1,750-square-foot commercial space on the subject property that was established for retail use, with interior and exterior renovations that will not expand the existing building. The project also proposes improvements to an existing 4,208-square-foot parking lot including striping for 13 parking spaces and installation of new landscaping. None of the exceptions under Section 15330.2 pertaining to location, hazardous waste sites, historical resources, scenic highways, or cumulative impacts apply. There is no reasonable possibility that the project would result in significant effects on the environment due to unusual circumstances. Therefore, the establishment of a commercial convenience store in an existing structure with an existing parking lot qualifies for this exemption.
D. Lot Creation: A Subdivision and Development Plan permit was approved in the year 2009 for development of the subject property comprised of one tax parcel. Pursuant to Government Code Section 66499.34, issuance of a permit or grant of approval for development shall constitute “real property which has been approved for development” for the purposes of subdivision (c) of Government Code Section 66499.35.
E. Prior County Files Related to the Property:
1. CDSD08-09229 and CDDP08-03011: Applications for a Vesting Tentative Map to subdivide 0.62 acres into 12 residential lots and one common parcel and for a Development Plan to allow development of 12 residential townhouse units in the Bay Point area. The vesting tentative map and development was approved by the County Deputy Zoning Administrator on October 19, 2009. However, a Final Map was never recorded and the Vesting Tentative Map and Development Plan permit subsequently expired.
2. CDLP99-02073: A Land Use Permit seeking approval to operate a retail vehicle sales yard. The land use permit application was denied by the County Zoning Administrator on November 19, 2001.
IV. SITE/AREA DESCRIPTION
The subject property is an approximately 27,007-square-foot (0.62 acres) rectangular lot that is relatively flat and bounded by Sapone Lane on the west and Willow Pass Road on the north. The approximately 9,000-square-foot northern portion of the property is developed with an approximately 3,432-square-foot mixed-use building containing a vacant commercial space and two residential units. A parking area for the commercial space and residences is located on the western portion of the parcel. The existing building was constructed in 1939. The commercial space was previously used as a laundry sorting business as recently as 1999. The remaining area of the property is undeveloped.
The surrounding area is similar to the subject site, consisting of predominantly rectangular, flat parcels located within the Bay Point Planned Unit (P-1) zoning district. The Bella Monte Apartments are located north of the subject property, while single-family residences are located to the west, south, and east. Anuta Park is located to the west and automotive and restaurant uses are located to the east along Willow Pass Road.
V. PROPOSED PROJECT
The applicant requests approval of a land use permit to establish a new convenience store to be called “La Michoacana” within an existing, approximately 1,750-square-foot commercial space of an existing mixed-use commercial and residential building. The project proposes replacing and renovating the stucco siding and roof finish. Additional improvements include striping the parking area for up to thirteen (13) off-street parking spaces, installing four (4) bicycle spaces, and installing new landscaping. Four of the re-striped parking spaces would be utilized by the residential units. Interior improvements to the commercial space include upgrades to an existing bathroom and to electrical wiring. No expansion of the existing building is proposed, and no changes are proposed to the two existing residential units.
VI. AGENCY COMMENTS
On April 2, 2026, an Agency Comment Request packet was sent to outside agencies and interested parties as part of the initial project review. Following are summaries of the agency comments received. Agency comments received by staff are included in Attachment 3.
A. Contra Costa County, Advance Planning Division: In an email received on April 13, 2026, Advance Planning staff advised that they have no comment on the proposed project.
B. Contra Costa County Fire Protection District (CCCFPD): In a letter received on April 21, 2026, CCCFPD staff advised that a tenant improvement permit will be required for the review and approval of staff prior to the beginning of construction. The letter also listed various fire safety and site maintenance requirements that must be complied with throughout construction.
C. Contra Costa Health Services Department, Environmental Health Division (CCEH): In a letter received on April 21, 2026, Environmental Health Division staff advised that a health permit is required for retail food facilities, including but not limited to stores, or any business that sells or gives away food to the public, and that plans must be submitted to CCEH and approved prior to the issuance of building permits for retail food facilities. CCEH staff also listed requirements for retail food facilities related to dumpster areas and restrooms.
D. Bay Point Municipal Advisory Council (Bay Point MAC): The project was considered by the Bay Point MAC at their monthly meeting held on October 6, 2026. In correspondence received on October 7, 2026, the Bay Point MAC chair indicated that the proposed project met the requirements of an existing commercial space and the MAC recommends approval of the project.
VII. STAFF DISCUSSION/ANALYSIS
A. General Plan:
1. Land Use Element: The subject property is located within a Mixed-Use Community (MUC) General Plan Land Use designation. The intent and purpose of the MUC land use designation is to allow for various housing types, including tiny homes, townhomes, condominiums, apartments, studios, live-work units, and micro-units at a density of 22 to 40 units per net acre for the Bay Point area, along with a wide range of neighborhood- and community-serving retail, personal service, office, hospitality, entertainment, and public uses.
The subject property is developed with two residential units within the same building as an existing commercial space. The residential units would remain as-is and therefore, there is no proposed change to the existing or allowed residential density on the subject property. The proposed convenience store would be a neighborhood- and community-serving retail use and is therefore consistent with the allowed uses in the MUC land use designation.
2. Stronger Communities Element: The Stronger Communities Element of the County General Plan provides community-specific contextual information and guiding principles, policies, and actions for individual communities to address their unique needs. The project site is subject to the policies for the Bay Point area of the County. Many of the Guiding Principles and Policies for the Bay Point area pertain to the development of vacant lots, larger-scale development projects, infrastructure, or commercial development. Project consistency with the relevant Guiding Principles and Policies for the Bay Point area are discussed below:
Guiding Principle #4: Additional retail development should be encouraged along Willow Pass Road.
Analysis: Although no new development is proposed, the project would establish a new retail convenience store within a currently vacant commercial space that fronts Willow Pass Road, including improvements to the exterior façade, roof, and parking lot.
Policy #1: Ensure new development does not create negative impacts such as increased toxic exposure, a net loss of affordable housing, or the permanent displacement of residents and local legacy businesses that are valued by the community.
Analysis: The project site is a mixed-use building with an existing commercial space at the ground floor fronting Willow Pass Road and two existing apartments. The proposed project would be located within the currently vacant commercial space and would improve an existing parking area located to the west of the building for current residents and future customers and employees of the proposed convenience store. No changes are proposed that would result in the loss of housing or displacement of residents. Additionally, although the construction of improvements and operation of the convenience store may involve the use and disposal of a small quantity of hazardous materials as they relate to a retail commercial use, primarily for cleaning, the project would not result in increased toxic exposure within the vicinity.
Policy #6: Encourage development of neighborhood-oriented shopping and services, especially within walking distance of housing.
Analysis: A new convenience store would increase the availability of shopping and amenities to the surrounding single-family residences and nearby Bella Monte Apartments located across the street and within walking distance.
Policy #8: Minimize the number of streets and driveways intersecting or entering Willow Pass Road by using secondary roads, assembling frontage parcels, using shared access on abutting properties, and other approaches.
Analysis: The commercial building has an existing parking area located to the west of the building which uses an existing driveway with access from both Sapone Lane and Willow Pass Road, and the proposed project does not require any additional driveways. The project proposes re-striping the paved driveway and parking area to provide one-way travel through a driveway aisle to the parking area.
Policy #9: Improve commercial visibility on Willow Pass Road by controlling the placement, design, number, and size of new signs to convey business identity without being visually disruptive.
Analysis: No new signage is proposed, but as conditioned, any new signage will be required to comply with the County’s Sign Ordinance and Bay Point P-1 Development Standards prior to installation of any signs. By complying with the standards, the project would be consistent with the intent of the General Plan policy for the placement, design, number, and size of new signs in the area.
3. Other General Plan Elements: The project site is in an area of the County that is surrounded by existing development. Therefore, the vital infrastructure and services needed for the site already exist. In addition, the project does not require policy level analysis such as a General Plan amendment or rezoning. Based on the nature and location of the project, there is no evidence in the record to suggest that the proposed project will be inconsistent with other sections of the General Plan.
B. Zoning: The subject property is located within the Bay Point Planned Unit (P-1) zoning district with an associated Mixed-Use Community Specific Density (MUC) General Plan land use designation. Generally speaking, the purpose of P-1 zoning districts is to allow for a diversification of uses, buildings, structures, lot sizes, and open space while ensuring substantial compliance with the General Plan and intent of the County code. At the time the Bay Point P-1 zoning district was established, the subject property was located within the M-4, Mixed Use Willow Pass Road, land use designation. Based on the Land Use Matrix for the M-4 designation within the Bay Point P-1 district, a convenience store is an allowed use upon the approval of a land use permit. There are no proposed improvements to the existing mixed-use residential and commercial building that would change the existing setbacks or height of the building. In addition, the project proposes exterior building improvements and landscaping that aligns with the Bay Point P-1 Design Guidelines. Therefore, as proposed, the project is consistent with the Bay Point P-1 zoning district development standards.
The Bay Point P-1 Development Standards require 3.3 parking spaces per every 1,000 square feet for commercial uses and 2 parking spaces per residential unit. The project proposes 13 off-street parking spaces within an existing parking area, where 12 spaces are required for the commercial retail store and two residential units.
C. Access and Circulation: The project is located at the southeast corner of Willow Pass Road and Sapone Lane. The subject property has an existing parking lot that uses two driveway aisles, one located on Sapone Lane and the other located on Willow Pass Road. The project proposes access through the Sapone Land driveway for one-way travel through the parking area, with an exit at Willow Pass Road. Twelve parking spaces are required pursuant to the Bay Point P-1 Development Standards, including four for two residential units and eight for retail use. The project proposes improvements to the parking lot including re-striping for 13 parking spaces for both the convenience store and the residential units.
D. Signage: No signage is proposed with the project. As conditioned, the applicant would be required to submit a Sign Review application prior to the issuance of a building permit for new signs or the installation of new signs for the proposed business.
E. Appropriateness of Use: The proposed project is to establish a new convenience store within an existing commercial space that includes exterior renovations and interior improvements without expansion of the existing footprint. The subject property is within the Bay Point Planned Unit District (P-1), in which allowed uses and development standards are based on the underlying General Plan land use designation for the area. A convenience store is allowed on the subject property upon the approval of a land use permit and is appropriate for and consistent with the Mixed-Use Community-Specific Density (MUC) General Plan land use designation. The convenience store will increase the availability of retail shopping and amenities to the surrounding neighborhood and nearby Bella Monte Apartments across the street. Therefore, based on the foregoing, and as conditioned, the project would be appropriate for the site.
VIII. CONCLUSION
As stated in this report, staff considers that the proposed use is consistent with the permitted land uses within the MUC General Plan Land Use designation and complies with the development standards applicable to a retail convenience store use within the P-1 Bay Point Planned Unit District. Therefore, staff recommends that the Zoning Administrator approve County File #CDLP26-02009 based on the attached findings and conditions of approval.
Attachments:
1. Findings and Conditions of Approval
2. Maps - Parcel Map, General Plan, Zoning, and Aerial View
3. Agency Comments
4. Project Plans