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Project Title: |
Rodeo Second Street Minor Subdivision and Residential Development Plan |
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County File: |
CDMS23-00003 / CDDP23-03046 |
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Applicant: Owner: |
Michael McGhee Michael McGhee |
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Zoning: General Plan: |
P-1, Rodeo Area Planned Unit District SH, Single-Family Residential - High Density (RM, Residential Medium Density designation as of 11/5/2024) |
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Site Address/Location: |
0 2nd Street (immediately west of 162 Second Street), Rodeo Contra Costa County (APN: 357-371-005, -006, -007, -008, -013, -014, -015) |
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California Environmental Quality Act (CEQA) Status: |
Mitigated Negative Declaration, SCH 2025010220 |
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Project Planner: |
Adrian Veliz, Senior Planner (925) 655-2879 Adrian.Veliz@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant is requesting approval of a Tentative Map to subdivide an approximately 28,800-square-foot project site into four (4) parcels (“Parcel A”, “Parcel B”, “Parcel C” and “Parcel D”). Parcels A and B each have 5,175 square feet in area, while Parcel C and Parcel D have an area of 8,050 and 10,400 square feet respectively. The project site is considered one legal lot, consisting of seven (7) assessor’s parcel numbers (APN) having a combined total area of 28,800 square feet. The project includes development plans for the construction of a single-family residence on each of the four resultant lots, including a proposed setback deviation for the homes proposed on Parcel A & Parcel B.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. ADOPT the Mitigated Negative Declaration/Initial Study (MND) SCH 2025010220, consisting of the January 13, 2025 draft MND and the May 30, 2025 Final MND, and the January 13, 2025 Mitigation Monitoring and Reporting Plan (MMRP), based on the attached findings; and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other materials, which constitute the record of proceedings upon which this decision is based.
B. APPROVE the Vesting Tentative Map for the Four-Lot Minor Subdivision (County File CDMS23-00003), and Development Plan application including a single-family residence on each resultant parcel, front setback deviations for home sites located on Parcel A & Parcel B, a Tree Permit for the prior removal of two (2) code protected trees and construction work within the driplines of an additional two (2) code-protected trees, based on the attached findings and subject to the attached conditions of approval.
C. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: SH, Single-Family Residential - High Density.
B. Zoning: P-1, Planned Unit District.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration/Initial Study (MND) was prepared and published for the application. The public review period for the draft MND started on January 13, 2025 and ended on February 3, 2025. The draft MND is included as Attachment 4. CDD staff received correspondences from four neighbors and one agency in response to the publication of the draft MND. A final MND, dated May 30, 2025, has been prepared that includes the written comments received on the draft MND, responses to the comments received, and staff-initiated text changes. The final MND is included as Attachment 5.
D. Tribal Cultural Resources: On August 12, 2024, in accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent to the Villages of Lisjan Nation and to the Wilton Rancheria. The Villages of Lisjan Nation and the Wilton Rancheria are the two California Native American tribes that have requested notification of proposed projects within unincorporated Contra Costa County. Pursuant to section 21080.3.1(d), there is a 30-day time period for the California Native American tribes to either request or decline consultation in writing for this project. Staff has not received a request for consultation in response to these Notices from either tribe.
E. Previous Applications:
CDZC22-00934: A Certificate of Compliance review resulting in a March 16, 2023 determination that the subject property, consisting of seven (7) separate assessor’s tax parcel numbers, is considered on legal lot. The Certificate of Compliance was recorded on the subject property on April 20, 2023.
F. Lot Creation
The subject property consists of seven (7) tax parcels identified as Block 38W Lots 6, 7, 8, 9, 10, 12, and 14, as delineated upon the map entitled “Map of Rodeo”, which was recorded on February 5, 1892. The seven tax parcels cumulatively constitute on legal lot, established via conveyance on May 15, 1941. At the request of the property owner, a Certificate of Compliance was recorded on the subject property on April 20, 2023.
IV. SITE/AREA DESCRIPTION
The subject property is located in an established residential neighborhood in the Old Town area of Rodeo, just south of the waterfront. The immediate vicinity consists of single-family residential development on parcels generally between 3,000 to 6,000 square feet in area, with some larger parcels between ½-to-1 acre in area also in the vicinity. The residential neighborhoods extend east and south from the project site. Lands immediately north and west of the project are publicly accessible lands, including the San Francisco Bay Trail. The area has a semi-rural character defined by rolling hillsides connecting to open space areas in the greater project vicinity. The project vicinity generally lacks sidewalk and curb/gutter improvements along public and private roadways serving the area. Parker Avenue, located approximately 0.3 miles east of the site, is the main throughfare providing ingress/egress for the Rodeo community. Highway 4 and Interstate 80 are located 1.75-miles and 1-mile south of the project site respectively.
V. PROJECT DESCRIPTION
The applicant requests approval of a Vesting Tentative Map and Development Plan applications to subdivide an approximately 28,800-square-foot project site into four (4) parcels (“Parcel A”, “Parcel B”, “Parcel C” and “Parcel D”). The proposed vesting tentative map shows Parcels A and B each having 5,175 square feet in area, while Parcel C and Parcel D have an area of 8,050 and 10,400 square feet respectively. The project site is considered one legal lot, consisting of seven (7) assessor’s parcel numbers (APN) having a combined total area of 28,800 square feet. The project includes a Development Plan for the construction of a single-family residence on each of the four resultant lots. The subdivision and residential development project includes the following elements:
• Private Access Improvements: The subject property is bounded to the south by 2nd Street, which is a publicly maintained roadway. The vesting tentative map includes a proposed paved private roadway, providing vehicular access to each resultant parcel within a proposed 25-foot-wide private access and utility easement. The private roadway would extend northward from 2nd Street for approximately 150 linear feet, ending at the southern boundary of proposed Parcel D.
• Site grading: The project requires grading on the subject property involving approximately 1,430 cubic yards of combined earthwork (720 Cut / 710 C.Y. Fill) for the proposed roadway and for preparation of the individual building pads identified on each proposed parcel. Grading activities would disturb approximately 20,000 square feet of the project site.
• Residential Development: A single-family residence is proposed on each of the four resultant parcels (Parcel A - Parcel D). The project includes a request for front setback deviations for homesites on Parcel A and Parcel B (5’ setback to home and 15’ setback to garage proposed where 10’/20’ are the respective minimum requirements). The project plans also depict an Accessory Dwelling Unit (ADU) on proposed Parcel C. In the event that this project, including Vesting Tentative Map and Development Plan, is approved, the ADU may be established via a separate ministerial ADU permit review.
• Site Drainage: The project is proposed on a moderate east to west slope, with storm water presently draining down an unimproved hillside towards parcels lower in elevation to the east. The stormwater control plan includes on site storm drain improvements directing run off from residential down spouts, driveways, and private roadway into one of four (4) proposed basin retention areas. Each retention area has minimum 1,500-gallon capacity and sump pump system regulating discharge. Ultimately, stormwaters collected on site would be discharged near property boundaries into an existing gutter along the 2nd Street right of way. The proposed system is designed to meter flow from the system such that post project conditions are substantially similar to pre-project conditions.
• Service Connections for Utilities: All utility connections serving the subdivision would be located underground. The subject property is presently served by existing water and sanitary sewer mains located within the 2nd Street right-of-way. The project includes connection to these existing mains and extension northward within a 25-foot private access and utility easement to provide sanitary sewer and water service to the subdivision. Electrical distribution lines exist above-ground within the 2nd Street right-of-way, however, all electrical connections within the subdivision will be underground. The proposed access and utility easement includes a joint trench, where underground electrical and communication lines would be extended from the public right-of-way to establish service connections within the subdivision.
• Tree Impacts: Tree permit approval is requested for the prior removal of two code protected trees shown on prior surveys of the subject property. Although the removal occurred under prior ownership of the property and the species of the trees are not known, survey data indicates that they were both of sufficient diameter (9 inches and 18 inches) to be considered code-protected, as a tree of any species exceed 6.5 inches in diameter is considered protected on vacant lots in unincorporated Contra Costa County. Additionally, site grading activities would encroach within the driplines of two Coast Live Oak trees located off-site near the northern property boundaries. Therefore, the project also includes a tree permit to legalize the prior tree removal activity, as well as for the proposed construction activities within the driplines of two Coast Live Oak trees.
VI. AGENCY COMMENTS
An Agency Comment Request packet was sent on April 24, 2023 to a number of public agencies, including Building Inspection Division, Advanced Planning, Transportation Planning, Housing Programs Planning, Environmental Health Division of the Health Services Department, Engineering Services Division of the Public Works Department, Rodeo-Hercules Fire Protection District, Rodeo Sanitary District, East Bay Municipal Utility District, Rodeo Municipal Advisory Council, East Bay Regional Park District, Contra Costa Mosquito and Vector Control District, and the California Historical Resources Information System. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received.
A. Contra Costa County Department of Conservation and Development Advanced Planning Division: In a returned agency comment request form dated May 2, 2023, Advanced Planning staff provided comments indicating the project’s consistency with then-applicable Single-Family Residential High Density General Plan land use designation. The comments also advise of the future designation of the subject property and the corresponding permissible density ranges applicable thereto for informational purposes.
B. Contra Costa County Department of Conservation and Development Housing Programs Planning Division: In an email dated May 15, 2023, housing programs planning staff advised that the project is exempt from the County’s inclusionary housing ordinance, and therefore, no housing plan is required for the proposed project.
C. Contra Costa County Department of Conservation and Development Transportation Planning Division: In a memo dated May 8, 2023, Transportation Planning staff advised of applicable standards for environmental review of the transportation demand resulting from the proposed project. The comments recommend that the project should include sidewalks along 2nd street, and that resulting dwellings are equipped with a dedicated electrical infrastructure for charging electric vehicles.
D. Contra Costa Environmental Health (CCEH) Division of Health Services Department: In a letter dated May 1, 2023, CCEH staff provided comments advising of permit requirements applicable to soil boring for geotechnical investigations, private wastewater systems, and freshwater wells. The project will be served by public sewer and public water, as recommended within the CCEH comments.
E. Department of Public Works, Engineering Services Division: In a memo dated October 21, 2024, Engineering Services Division provided comments and recommended conditions of approval pertaining to access, drainage, stormwater control, and utilities. Each of these issues is discussed in detail in Section VIII (Staff Analysis) below. Staff has incorporated Engineering Services’ recommended Conditions of Approval (COAs) in the Conditions of Approval and Advisory Notes.
F. Rodeo Sanitary District: In a returned Agency Comment Request form dated April 24, 2023, Rodeo Sanitary District staff advised that they have no comments on the project proposal.
G. East Bay Municipal Utility District (EBMUD): In a memo dated May 15, 2023, EBMUD advised that separate meters will be required for each parcel resultant from the subdivision. All connections to existing infrastructure are subject to EBMUD review and approval to verify compliance with applicable water efficiency measures and are to be installed at the expense of the developer/owner. If the project is approved, the memo advises that the property owner contact EBMUD’s new business office to request an estimate to determine the cost and conditions of providing water service to the subdivision.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the applicant is advised of the need for additional review/approval by EBMUD prior to constructing the residential development associated with the proposed subdivision.
H. Rodeo Municipal Advisory Council (MAC): The project was considered by the Rodeo MAC during their monthly meeting held on January 24, 2024. After considering the project, the MAC has recommended that the project be approved as proposed.
I. Contra Costa Mosquito & Vector Control District: In a returned agency comment request form dated April 24, 2023, Mosquito & Vector Control District staff advised that they have no comments on the project proposal.
VII. ENVIRONMENTAL REVIEW
A draft Mitigated Negative Declaration/Initial Study (State Clearinghouse Number SCH 2025010220) was prepared and published on January 13, 2025. The draft MND is included as Attachment 4. Potentially significant impacts were identified in the draft MND, including potential impacts to biological resources; accidental discovery of buried archaeological and paleontological resources, and human remains; and construction period noise impacts. The public review period for the draft MND started on January 13, 2025 and ended on February 3, 2025. During the public review period, staff received correspondence letter from EBMUD, the local provider of water service in the project area, and from four (4) additional Rodeo residents. One additional email correspondence from the East Bay Regional Park District (EBRPD) was received on February 10, 2025, after the public comment period had ended. The EBRPD email requested that the project be required to provide vegetative screening for parcels abutting the EBRPD-owned connector trail located immediately west of the project site. The project has been conditioned to require the vegetative screening requested by the EBRPD.
A final MND has been prepared that includes the written comments received on the draft MND, responses to the comments received, and staff-initiated text changes of the draft MND. The final MND is included as Attachment 5. The text changes are not the result of any new significant adverse environmental impact, do not result in any mitigation added to the pertinent section, and do not alter the findings in the MND.
A Mitigation Monitoring Program was prepared based on the mitigation measures recommended in the draft MND. The Mitigation Monitoring and Reporting Program (MMRP) is included as Attachment 6. If approved, the MND mitigation measures would apply to the Minor Subdivision as Conditions of Approval.
VIII. STAFF ANALYSIS
A. General Plan Consistency: At the time of application submittal, the subject property was located within the SH, Single Family Residential - High Density General Plan land use designation. The Tentative Map was vested prior to the November 5, 2024, adoption of the Contra Costa County 2045 General Plan by the Board of Supervisors, which changed the designation for the site to RM, Residential Medium Density. Since the project had been in process and was deemed complete prior to the adoption of the new General Plan, the project proposal will be evaluated for consistency with the then-applicable SH General Plan designation.
The SH designation allows for a residential density of between 5.0 and 7.2 single-family units per net acre. The subject property is presently undeveloped. The project would result in four legal buildable parcels on 0.59 net acres, each of which would be developed with a single-family residence, resulting in a residential density of approximately 6.8 units per net acre, which is within the allowed range for the SH designation. The project is residential in nature, and detached single-family residences are permitted within the SH designation. The project is therefore consistent with the permitted land uses within the SH designation.
The 2005-2020 Contra Costa County General Plan also includes numerous policies for the Rodeo Area (Policies #3-142 through #3-160). Most of these policies pertain to non-residential development, or to specific geographic areas outside of the project site (e.g. Rodeo Creek, Rodeo Waterfront, Franklin Canyon), and are thus not applicable to the project. Staff has identified policies relevant to this project below:
• Policy #3-143: Direct the major portion of new residential development towards infilling and redevelopment of Rodeo proper.
The project is located on vacant land within an established residential neighborhood. The project consists of residential development on lands appropriately zoned for residential use. Thus, the project is consistent with Policy #3-143 since it involves infilling existing vacant lands within the neighborhood to provide additional housing for the area.
• Policy #3-144: Encourage reuse of existing buildings.
There are no existing buildings on site. Therefore, the project has no potential to conflict with this policy.
• Policy #3-148: Maximize public access to the bay.
The project site is located just outside of the Rodeo Waterfront Specific Plan area and the project site does not provide vehicular access to the waterfront. A pedestrian trail exists on public lands adjacent to the western boundary of the project site providing pedestrian access to the San Francisco Bay trail located on adjoining open space lands. The project would not obstruct or otherwise inhibit the continued use of the existing pedestrian access point near the project site. Therefore, by maintaining all existing access points to the bay, the project is consistent with this policy.
B. Zoning Compliance: The subject property is located in the Old Town District of the Rodeo Area-Wide Planned Unit (P-1) District, which requires a 4,500-square-foot minimum lot size and a minimum lot width of 45 feet. No deviations are being sought in connection with the parcel configuration depicted on the Vesting Tentative Map. Subdivision Parcels A, B, C, and D range from 5,175 to 10,400 square feet in area, and each complies with the minimum parcel area and width for the P-1 district in which the project is located. The project consists of single-family residential development. Single-family residences are permitted by right within the Old Town District of the Rodeo Areawide P-1 District. Therefore, the project is consistent with permitted land uses within the zoning district.
The project proposes a homesite on each of the four resultant parcels, and includes a request for a deviation to front yard setbacks for Parcels A and B (proposed 5’ & 15’ minimum setback to home & garage respectively, where 10’ & 20’ are the respective minimum requirements). The residential development proposed on Parcel A and Parcel B is otherwise consistent with development standards for the P-1 district in terms of side yard, rear yard, off-street parking, and building height. No deviations are required for the development proposed on Parcel C or Parcel D. The granting of the front setback deviations is reasonable given the dimensional constraints of the subject property. Additionally, since the project maintains all minimum setback and yard requirements, as measured from property lines which adjoin a neighboring lot, the deviations would not expectedly be detrimental to the privacy or enjoyment of neighboring lands. As such, staff believe there is merit in the deviation request, as discussed in more detail in the attached findings.
Residential development guidelines for the Rodeo area-wide P-1 include state that home designs should generally create an open and inviting street frontage with “eyes on the street”, minimize visual prominence of garages and garage doors, and enhance residential units with landscaping. The project entries are oriented towards the private road providing access to the units, and each dwelling has numerous windows front windows providing “eyes on the street”. Each dwelling includes an attached garage, which include front setbacks exceeding that for the living space, thereby reducing the visual prominence of the garages when viewed from the private roadway fronting each unit. Lastly, the project will include landscaping in the front yard of each unit as well as along western boundaries of the project site which adjoin public lands owned by the East Bay Regional Park District.
Architectural design guidelines for the Rodeo area encouraged to design new residential buildings and sites to respect neighboring homes by minimizing obstruction of sunlight to adjacent properties, avoiding locating potentially noisy areas adjacent to neighbors bedrooms, minimizing the visual impact of exterior lighting on adjacent properties. The location of the subject property is such that the new homes would cast shadows away from neighboring homes towards open space parcels west and north of the project site throughout a majority of daylight hours. Additionally, there are no existing homes adjacent to parcels A, B and D, thus limiting the potential for noise from homes on these parcels to affect neighbors. The home located on Parcel C includes a small ground-level rear porch located approximately 25 feet west of an existing home located at 162 2nd street, but all second story decks/patios are located at the front of this home, facing the private driveway within the interior of the project site. Similarly project lighting would be predominantly located along the project frontage, and the mass of the new homes would screen lighting from affecting existing home on neighboring residences. The project provides continuity of design throughout the subdivision and is consistent with building heights observed for other two-story homes in the immediate project vicinity. Thus, the project is consistent with these guidelines for residential development in the Rodeo area.
In consideration of the fact the proposed land use is consistent with permitted uses within the Rodeo area-wide P-1 district, and substantial conformance with development standards applicable thereto, the project is considered substantially consistent with the Rodeo area-wide P-1 zoning district in which it is located.
C. Traffic and Circulation: Vehicular access to the subject property exists via 2nd Street, which abuts the project site to the south. The project includes installation of a paved 20-foot-wide private roadway and a five-foot-wide sidewalk within a 25-foot-wide private access and utility easement, extending from the 2nd Avenue public right-of-way northward through the center of the subdivision. If the project is approved, all subdivision parcels would access (i.e. ingress/egress) 2nd Street via the private roadway.
The County maintained roadway which fronts the project, 2nd Street, is presently a 44-foot paved road within a 60-foot right-of-way. According to project comments provided by Engineering Services Division staff at the County Department of Public Works, the existing right-of-way is adequate, and no additional right-of-way dedication or pavement widening will be required. Curb and gutter improvements exist along the project’s 2nd Street frontage, however, the project is conditioned to require the installation of sidewalk improvements along the project frontage.
D. Complete Streets Policy: The County’s Complete Streets Policy was adopted by Resolution No. 2016/374 by the Board of Supervisors of Contra Costa County on July 12, 2016. The policy requires Complete Streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users shall be incorporated into any project involving the construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets. The project frontage along 2nd Street already has curb and gutter improvements and is conditioned to require the installation of a 5-foot-wide sidewalk along this frontage. The provision of the sidewalk along the private roadway as well as the entirety of the project frontage with 2nd Avenue is consistent with the County’s Complete Streets Policy.
E. Drainage: The subject property is located atop an eastern facing hillside. The westerly portion (roughly half) of the project site is relatively flat, and site elevations in this area are approximately 40 feet above sea level. The easterly portion of the site is sloped down towards the western property line, where the site elevations are lowest (+31 feet above sea level). The project drainage plan show water being directed from impervious surfaces into stormwater inlets around the site, which flow into one of several bioretention basins. Runoff from these bioretention basins would be discharged through the curb into the gutter along 2nd Street, where a valley gutter will intercept it and discharge into a depressed area that ultimately enlarges to a watercourse discharging to the bay. The project drainage is subject to collect and convey requirements (Division 914 of the County Ordinance Code) which requires that all storm water entering and/or originating on this lot to be collected and conveyed without diversion and within an adequate storm drain system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drain system which conveys the storm water to an adequate natural watercourse. The preliminary grading and drainage plan for the project has been deemed sufficient for planning purposes by the Engineering Services Division of the Department of Public Works. If the subdivision is approved, further review of the final drainage design will be required by the Engineering Services Division to demonstrate compliance with collect and convey requirements prior to recordation of the Parcel Map. Compliance with all applicable drainage conditions will ensure that the project drainage is compliant with Division 914 of the County Ordinance Code.
F. Tree Protection and Preservation Ordinance: The project involves grading activities within the dripline of two (2) code protected Coast Live Oak trees located offsite, adjacent to the northern boundary of the project site. Additionally, the project would legalize the prior removal of two (2) additional code-protected trees that were previously removed without obtaining prior tree permit approval. An arborist report, prepared by ISA Certified Arborist Sherri McEllistrim, opines that the project would not adversely affect the Oak trees on the northern adjacent property. The consulting arborist provides recommendations for grading/construction activities occurring within the driplines of the two existing Oak trees, and the project is conditioned to require the developer to implement all recommendations of the consulting arborist. Adherence to all arborist recommendations will ensure that the project minimizes the effect on nearby trees to the greatest extent practicable. In the event that one or both of the Valley Oaks to be preserved die as a result of construction, the project is conditioned to require replacement plantings for these trees.
Regarding the prior tree removal, the project is conditioned to require the planting of at least four (4) trees as mitigation for the previously removed trees. The proposed removal and dripline encroachment activities associated with this project have been evaluated by staff, and by complying with all project Conditions pertaining to tree removal/tree preservation, the project will be consistent with Section 816-6.8010 (Factors for Approval) of the County Tree Protection and Preservation Ordinance.
IX. CONCLUSION
The proposed CDMS23-00003 Minor Subdivision is consistent with the SH, Single-Family Residential High Density General Plan Land Use designation and with the regulations of the Rodeo area-wide P-1 Single-Family Residential District. Staff recommends adopting MND SCH 2025010220 and the MMRP, approving the Vesting Tentative Map for Four-Lot Minor Subdivision #CDMS23-00003 and Development Plan #CDDP23-03046, including the development of a single-family residence on each resultant parcel, front setback deviations for Parcel A & Parcel B, and the Tree Permit for prior removal of two (2) code-protected trees and for construction work within the driplines of two (2) additional code-protected trees, based on the attached findings and subject to the attached conditions of approval.
Attachments:
1: Findings and Conditions of Approval
2: Maps and Plans
3: Agency Comments
4: Draft IS/MND
5: Final IS/MND
6: Mitigation Monitoring and Reporting Plan