CONTRA COSTA COUNTY - File #: 25-4526

• File #: 25-4526
• Version: 1
• Type: Discussion Item
• Status: Agenda Ready
• File created: 10/27/2025
• In control: Contra Costa County Zoning Administrator
• On agenda: 11/3/2025
• Title: CHRISTOPHER MILLS (Applicant & Owner), County File CDDP25-03019: The applicant requests approval of a Development Plan for a Small Lot Design Review to allow for an as-built 370-square-foot pergola on a substandard lot. The subject property is located at 4010 Wellington Place in the unincorporated area of Lafayette in Contra Costa County. (APN: 169-040-036, Zoning: R-20 Single-Family Residential District) CP

Project Title:	Development Plan for a Small Lot Design Review for Detached Pergola
County File(s):	CDDP25-03019
Applicant & Owner:	Christopher Mills
Zoning:	R-20 Single-Family Residential District (R-20)
General Plan:	Residential Low Density (RL)
Site Address/Location	4010 Wellington Place, Lafayette, CA 94549 / APN: 169-040-036
California Environmental Quality Act (CEQA) Status:	Categorical Exemption, CEQA Guidelines Section 15303(e)
Project Planner:	Chloe Partain, Planner I - phone: (925) 655-2857 and email: chloe.partain@dcd.cccounty.us
Staff Recommendation:	Approve (See section II for full recommendation)

I.                     PROJECT SUMMARY

The applicant requests approval of a Development Plan for a Small Lot Design Review to allow an as-built 370-square-foot pergola on a substandard lot.

II.                     RECOMMENDATION

The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:

1.                     OPEN the public hearing for the Development Plan for a Small Lot Design Review (County File #CDDP25-03019), ACCEPT public testimony, and CLOSE the public hearing;

2.                     DETERMINE that the project is categorically exempt from CEQA;

3.                     APPROVE County File #CDDP25-03019, based on the attached Findings and Conditions of Approval; and

4.                     DIRECT staff to file a Notice of Exemption.

III.                     BACKGROUND

CECF24-00873 was filed on August 28, 2024 for the construction of a masonry barbeque with gas lines and electrical lines without necessary approvals and permits, and was closed on March 25, 2025. A building permit for an exterior outlet and to extend the gas line five to six feet (BIMU24-010468) was filed and subsequently approved by the building department. In response to CECF24-00873, an application for a Small Lot Design Review to allow a 370-square-foot pergola was first submitted under County File #CDSL25-00042 on May 2, 2025. On May 14, 2025, County staff mailed a notice of opportunity to request public hearing to property owners within 300-feet of the proposed project. On May 21, 2025, prior to the expiration of the public comment deadline of 5:00 p.m. on Monday, May 26, 2025, CDD staff received two comment letters, one requesting a public hearing and one providing comments for the Small Lot Design Review application. Consequently, the project proponent submitted the subject small lot design review development plan application (County File #CDDP25-03019) on July 9, 2025 in order to continue the design review process. The responses to the comments made as part of the public hearing request are discussed in Section VIII of this staff report.

IV.                     GENERAL INFORMATION

A.                     General Plan - The subject property is located within a Residential Low Density (RL) General Plan land Use designation.

B.                     Zoning District - The subject property is located within the R-20 Single-Family Residential District (R-20).

C.                     California Environmental Quality Act (CEQA) - The proposed project is exempt under CEQA Guidelines Section 15303(e) - New Construction or Conversion of Small Structures, accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The project is to allow a 370-square-foot pergola, which would be accessory to an existing single-family residence on the subject property. Therefore, the categorical exemption applies to the proposed scope of work.

D.                     Lot Creation: The subject property was created as Parcel ‘B’ of Minor Subdivision #CDMS88-00089, which was approved on July 18, 1990.

V.                     SITE/AREA DESCRIPTION

The subject site is a 20,966-square-foot parcel located within a residential neighborhood in the unincorporated Lafayette area, at an elevation of approximately 170 feet. The subject property, along with the residences on the same side of Wellington Place, are on a lower elevation relative to residences on the other side of the street. Generally, the surrounding area consists of one-story and two-story houses. These homes range from 1,110 square feet to 3,600 square feet in gross floor area. Architectural styles in the neighborhood are similar, including Minimal Traditional, Craftsman, and Shingle.

Based on County records, the existing single-family residence was built in 1960, consisting of two levels. The existing resident consists of approximately 2,811 square feet of conditioned living space.

VI.                     PROJECT DESCRIPTION

The applicant requests approval of a Development Plan for a Small Lot Design Review to allow an as-built 370-square-foot pergola, 10 feet tall, on a lot of substandard average width. The pergola is located on the north portion of the property and is 3 feet from the side yard, 106 feet from the rear yard, and 70 feet from the front yard.

VII.                     AGENCY COMMENTS

A.                     Conservation and Development Advance Planning Division: In an email received on July 14, 2025, Advance Planning staff stated that Advance Planning has no comments on the proposed development.

B.                     Contra Costa County Fire Protection District (CCCFPD): In a returned agency comment packet received on July 14, 2025, CCCFPD staff stated that CCCFPD has no comments on the proposed development.

C.                     Central Sanitary District: In an email received on July 16, 2025, Central Sanitary District staff stated that Central Sanitary District has no comments on the proposed development.

D.                     East Bay Municipal Utility District (EBMUD): In an email received on August 6, 2025, EBMUD staff stated that EBMUD owns and operates a 2-inch water distribution pipeline in an EBMUD right of way located within the boundary of this property. Any proposed construction activity within the right of way would need to be coordinated with EBMUD and may require relocation of the pipeline and/or right of way, at the project sponsor’s expense. No building or structures shall be constructed in EBMUD’s right of way unless specific approval is given by EBMUD.

No comments were received from the following agencies: City of Pleasant Hill, Conservation and Development Building Inspection Division, Contra Costa County Environmental Health, and Contra Costa Mosquito and Vector Control District.

VIII.                     PUBLIC COMMENTS

A.                     The Department of Conservation and Development received two letters - one on May 18, 2025 from Pietro Martinelli and one on May 21, 2025, requesting a public hearing on the project from Robert N. Santos.

Below is a summary of the comments received and staff’s response.

Pietro Martinelli of 3091 Diablo View Road, Pleasant Hill, CA 94523

Comment: The letter stated that the proposed patio cover will harmonize well with the surrounding neighborhood.

Staff response: Comment noted.

Robert N. Santos of 4020 Wellington Place, Lafayette, CA 94549

Comment: The letter stated that the height and proximity of the pergola will impact their property as they share common fence space and their property sits at a lower elevation than the subject parcel.

Staff response: There is a topographical difference between the northern property at 4020 Wellington Place and the subject property. The height of the pergola and the setbacks from all property lines either are lower than or meet zoning requirements. The pergola is 10-foot tall where 15-feet is the allowed maximum. Additionally, the project meets the 3-foot side and rear yard setback minimum requirements because it is an accessory structure that is setback 65-foot from the front property line.

Comment: The letter stated that the notice listed the project as proposed, however, this structure was already built without a permit.

Staff response: The plans indicating the project as “proposed” merely signifies that it has not been approved by planning staff and does not reflect its construction status. The pergola was built without the benefit of planning or building permit approval. The applicant is resolving this violation through this process. If approved, the applicant is responsible for obtaining building permits.

Comment: The letter stated that the proposed project poses a potential danger as the wood structure is built directly over their outdoor wood burning pizza open and open flame wood burning grill, which creates a fire hazard.

Staff response:

Please see the following photos for a visualization of the location of the outdoor pizza oven and open flame wood burning grill compared to the wood structure of the pergola.

Moreover, the Contra Costa County Fire Protection District has indicated that they have no concerns regarding the project and the applicant will be required to comply with building codes.

IX.                     STAFF ANALYSIS AND DISCUSSION

A.                     Consistency with General Plan: The subject property is located within a Residential Low Density (RL) General Plan Land Use designation.  The RL designation allows for a residential density between 1 and 3 units per acre. The 20,966-square-foot lot was legally created and recorded in 1990. The existing residence was built in 1960. The project includes an accessory structure auxiliary to an existing single-family residence which is consistent with the residential land uses permitted within the RL designation.

B.                     Consistency with Zoning: The subject property is located within the R-20 Single-Family Residential District (R-20).

The R-20 District allows a single-family dwelling unit and the accessory structures and uses normally auxiliary to it. The project proponent seeks development plan permit approval to legalize a 370-square-foot pergola which was constructed on the subject property without permits. The location of the as-built accessory building complies with all development standards for the R-20 district in which the project is located. The proposed pergola is 10 feet in height, where 15 feet is the maximum allowed. It is set back 70 feet from the front property line where the minimum required is 25 feet. The proposed accessory structure will be set back 3-feet from the side property line, where 3 feet is permitted if the accessory structure is set back at least 65 feet from the front property line. The pergola will be 106-feet from the rear property line, where a minimum of 3 feet is required for accessory structures that are set back at least 65 feet from the front property line. Therefore, the proposed project does not conflict with the R-20 Single-Family Residential District standards.

C.                     Appropriateness of Use: The project is to allow an accessory structure auxiliary to a single-family residence. No uses other than residential are included with the proposal. Since this portion of the County has been developed with residential uses since 1947, the accessory structure is an appropriate use at this location.

VIII.                     CONCLUSION

The proposed development is consistent with the RL General Plan Land Use designation, and complies with the intent and purpose of the R-20 Zoning District. Therefore, as proposed, an accessory structure auxiliary to an existing single-family residence is an appropriate use for the subject site and its characteristics. Staff recommends that the Zoning Administrator approve County File #CDDP25-03019 based on the attached findings and conditions of approval.

Attachments:                     

1.                     Findings and Conditions of Approval

2.                     Public Comments

3.                     Maps - Parcel Maps, Aerial Map, Zoning Map, General Plan Map

4.                     Agency Comments

5.                     Project Plans

6.                     Site Visit Photographs