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Project Title: |
1365 Milton Avenue Tree Permit and Small Lot Design Review |
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County File(s): |
CDTP25-00067 |
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Applicant/Owner: |
Lisa Sharpe, Wall to Wall of California (Applicant) / Sharon Louie (Owner) |
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Zoning/General Plan: |
R-20 Single-Family Residential / RL Residential-Low Density |
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Site Address/Location: |
1365 Milton Avenue in the Walnut Creek area of unincorporated Contra Costa County (Assessor’s Parcel Number: 183-132-006) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption, CEQA Guidelines Sections 15303(a) |
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Project Planner: |
Grant Farrington, Planner III (925) 655-2868 |
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grant.farrington@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
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I. PROJECT SUMMARY
The applicant requests approval of a Tree Permit and Small Lot Design Review to remove one code-protected 9-inch diameter honey locust tree and work within the drip line of one code-protected 22-inch diameter honey locust tree for the construction of a new 3,046 square-foot two-story single-family residence on a lot of substandard size and substandard average width, following demolition of the existing single-family residence and accessory dwelling unit on the lot.
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 Tree Permit and Small Lot Design Review CDTP25-00067 to remove one code-protected honey locust tree and work within the drip line of one code-protected honey locust tree for the construction of a 3,046 square-foot two-story single-family residence, 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: RL Residential-Low Density.
B. Zoning: R-20 Single-Family Residential District.
C. California Environmental Quality Act (CEQA): Categorical Exemption - CEQA Guidelines Sections 15303(a), New Construction of Small Structures, Class 3 exemption for the construction of one single-family residence in a residential zone.
D. Previous Applications: There are no relevant previous applications.
IV. BACKGROUND
A tree permit and small lot design review application was accepted by the Department of Conservation and Development, Community Development Division (CDD) on December 16, 2025, for the removal of one code-protected honey locust tree and work within the drip line of another code-protected honey locust tree on the project site for construction of a new single-family residence following demolition of the existing single-family residence and accessory dwelling unit. Since the existing residential structures on the site are to be demolished, the trees meet the criteria established in County Code Section 816-6.6004 for protected trees.
The project site is 13,563 square-foot lot in the R-20 Single-Family Residential District (where a minimum lot size of 20,000 square feet is required) and is 98.69 feet in average width (where a minimum average width of 120 feet is required). Due to its substandard size and average width, construction of the new residence is subject to small lot design review pursuant to County Code Section 82-10.002(c).
A Notice of Intent to Render an Administrative Decision was sent to properties within a 300-foot radius of the project site on February 10, 2026, to inform them that the Zoning Administrator will be rendering a decision on the CDTP25-00067 application following a public comment period extending to February 20, 2026. On February 16, 2026, staff received a two letters from neighbors requesting a public hearing on the application.
V. SITE/AREA DESCRIPTION
The project site is a 13,563 square-foot rectangular residential parcel located in the Walnut Creek area of the unincorporated County. The site is occupied with a 1,369 square-foot single-family residence and a detached 554 square-foot accessory dwelling as well as several mature trees. The property is predominantly flat and fronts Milton Avenue to the north.
Parcels in the surrounding area along Milton Avenue as well as the greater vicinity have all been developed with single-family residences and accessory structures that are commonly found in residential neighborhoods. Interstate 680 is approximately 1,540 feet to the west and the City of Walnut Creek is approximately 180 feet to the south of the project site.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Tree Permit and Small Lot Design Review to remove one code-protected honey locust tree that is 9 inches in diameter and work within the drip line of one code-protected honey locust tree that is 22 inches in diameter for the construction of a new 3,046 square-foot two-story single-family residence with an attached 680 square-foot garage and 9,193 square feet of landscaping on a lot of substandard size and substandard average width, following demolition of the existing single-family residence and accessory dwelling unit on the lot. Additional improvements include a new replacement driveway, new fencing, and new concrete walkway paving.
VII. REQUEST FOR PUBLIC HEARING
A Notice of Intent to Render an Administrative Decision on the Tree Permit and Small Lot Design Review was mailed to property owners within 300 feet of the project site on February 10, 2026. The Notice advised of a public comment period extending to February 20, 2026. On February 16, 2026, staff received two comment letters, including a letter from Conner Coady and Zanique Albert of 1361 Milton Avenue and a letter from Mr. & Mrs. Fraser Marshall of 1360 Milton Avenue, requesting a public hearing on the CDTP25-00067 application. The letters are included as Attachment D.
Following are summaries of the comments in the public hearing request letters and associated staff responses.
A. Conor Coady and Zanique Albert, residents of 1361 Milton Avenue
1. The proposed design of the two-story residence to be constructed is inconsistent with other residences in the surrounding area and does not conform to the R-20 standards.
Staff Response: The project is for construction of a new single-family residence that will replace an existing residence on a parcel in the R-20 Single-Family Residential District. The new residence meets all applicable development standards of the R-20 zoning district including setback and height requirements. The proposed exterior finish of the residence is stucco, fiber cement or faux stone which are common finishes found on residences in the R-20 zoning district within the unincorporated County. In the immediate vicinity, several residences have exterior stucco finishes. Other residences in the immediate vicinity on Milton Avenue are also two stories in total height.
2. The residence is oversized for the lot and will negatively impact the adjacent property owners with regards to privacy and views.
Staff Response: The proposed residence meets the applicable side yard setbacks for the R-20 zoning district which requires a minimum setback of 15 feet to the property line. The new residence will be 23-feet 8-inches from the nearest side yard property line as opposed to the setback of the existing residence which is approximately 7 feet from the nearest side yard property line. The new combined aggregate side yard setback distance for the residence is to be 48-feet 9-inches which exceeds the minimum aggregate side yard setback requirement of 35 feet. With respect to size, other residences in the immediate vicinity along Milton Avenue exceed 3,000 square feet in total size. Also, in the surrounding neighborhood, other lots that are substandard in size have been developed with residences exceeding 3,000 square feet in size. The location of the proposed residence on the project site is to be stepped closer to Milton Avenue than the residence of 1361 Milton Avenue next door but at 44 feet 1 inch, exceeds the required minimum 25-foot front yard setback for the R-20 zoning district and thereby protects natural viewsheds.
3. The applicant has not met the required findings for the removal of code-protected trees on the subject property.
Staff Response: The proposed honey locust tree to be removed is not a native species to Contra Costa County and is not included in the list of native trees of the San Francisco Bay Area according to the California Native Plant Society. The location of the tree to be removed is in the front yard where a new concrete walkway is to be located to serve the proposed residence due to the tree being partially located within the developable area of the lot outside of the required front yard setback. The proposed tree removal meets the requirements of County Code Section 816-6.8010 for consideration of granting a tree permit, because reasonable development of the property requires the removal of the tree and this development cannot be reasonable accommodated on another area of the project site. The proposed design of the residence will not require the removal of any additional trees on the project site, and therefore, the four 10-11-inch diameter Juniper trees planted along the front property line would remain.
B. Mr. and Mrs. Fraser Marshall, residents of 1360 Milton Avenue
1, The proposed residence is inconsistent with the surrounding neighborhood.
Staff Response: As discussed above, the proposed residence meets all applicable yard and height development standards for the R-20 Single-Family Residential District. Other lots along Milton Avenue and in the surrounding neighborhood in the R-20 zoning district have been developed with residences that are two stories as well as residences over 3,000 square feet. The proposed design incorporates common residential features including roof pitches and siding materials found in residential areas within the unincorporated County.
2. The project will result in a loss of the existing tree canopy.
Staff Response: As stated above, the project includes the removal of one honey locust tree which is not native to Contra Costa County. A total of 13 code-protected trees would remain on the lot following construction of the new single-family residence and no trees located on other lots or in the public right of way would be altered or removed. Furthermore, pursuant to County Code Section 816-6.8012, the applicant is required to plant one tree, minimum 15-gallon size, as restitution for the tree to be removed. Following the planting of the new tree and its subsequent growth, the project site will substantially regain its onsite tree canopy.
VIII. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The project site is located within the RL Residential-Low Density General Plan land use designation. The RL designation is intended for low density, predominantly single-family residences at a density of 1-3 dwelling units per net acre. The project is for the construction of a replacement single-family residence. The removal of one honey locust tree on the site will not change the density of residential development for this site and the use of the site remains consistent with the residential uses allowed within the RL land use designation and does not include any aspect that would otherwise conflict with this designation.
B. Zoning Compliance: The project site is located within the R-20 Single-Family Residential District. The purpose of the R-20 zoning district is to provide for orderly development of single-family residential uses and uses normally auxiliary to them. The proposed project involves demolition of the existing 1,369 square-foot single-family residence and detached 554 square-foot accessory dwelling unit, and the subsequent construction of a two-story 3,045 square-foot single-family residence with an attached 680 square-foot garage. The proposed residence meets all applicable development standards of the R-20 zoning district, as shown in the table on the following page.
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R-20 Standard |
Requirement |
Proposed Project |
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Front Setback (Min) |
25 feet |
44.08 feet |
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Side Yard (Min) |
15 feet |
23.67 feet |
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Aggregate Side Yard (Min) |
35 feet |
48.75 feet |
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Rear Yard (Min) |
15 feet |
51 feet |
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Building Height (Max) |
35 feet |
28.25 feet |
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Building Height (Max) |
2.5 stories |
2 stories |
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Off Street Parking (Min) |
1 Space (9’ x 19’) |
2-car garage |
The project site is a 13,563 square-foot parcel (where a minimum lot size of 20,000 square feet is required) and is 98.69 feet in average width (where a minimum average lot width of 120 feet is required). Due to the parcel’s substandard size and average width, construction of the new residence is subject to small lot design review pursuant to County Code Section 82-10.002(c).
C. Small Lot Design Review: The proposed project must be found to be compatible with the surrounding neighborhood in terms of its location, size, height and design, as discussed below:
1. Location: The proposed project includes demolition of the existing residence and subsequent construction of a new residence that will be more centrally located on the project site than the existing residence. The existing residence was constructed at variance as it is 7 feet from the side yard property line, while the new residence will meet single and aggregate side yard setback requirements despite the average width of the lot being approximately 22 feet less than the 120-foot required minimum. The proposed residence also meets the applicable front and rear yard setback requirements. Thus, the project is consistent with the neighborhood in terms of location on the parcel.
2. Size: The proposed residence will be located on a residential lot on Milton Avenue in an unincorporated area of Walnut Creek. Milton Avenue as well as the surrounding neighborhood is characterized by a variety of architectural styles and home sizes. Homes in the area range in size from approximately 1,100 square feet to over 4,500 square feet. According to Contra Costa County Assessor’s Data, six residences on Milton Avenue have square footage over 3,000 including one lot on the adjacent side of the street from the project site. Thus, the project is compatible with the neighborhood in terms of size.
3. Height: The residences on Milton Avenue are a mix of one- and two-story homes including two-story homes on several lots to the west of the project site on the south side of Milton Avenue. The proposed residence is to be two stories at a total height of 28.25 feet which is under the 2 ½ story and 35 foot height limits for the R-20 zoning district. Thus, the project is consistent in terms of height in the neighborhood.
4. Design: The proposed residence utilizes common design features found in other residences nearby and throughout the R-20 zoning district of Contra Costa County including but not limited to, a hip roof, stucco finishes, horizontal siding. Although a majority of residences along Milton Avenue are ranch style homes, the street is noted for having a variety of residential designs including Mediterranean with red clay tile roofs and large entryways, modern angular buildings with flat roofs and cement exteriors and Cape Code style homes with prominent dormers and central chimneys. The proposed design does not include any exaggerated features that would otherwise be uncharacteristic of homes in the immediate vicinity and includes exterior finishes that are common throughout the surrounding area. Thus, the project is compatible with the surrounding neighborhood with regards to design.
D. Tree Protection and Preservation Ordinance: The project is subject to County Code Chapter 816-6 (Tree Protection and Preservation Ordinance) due to the removal of one code-protected 9-inch diameter honey locust tree and work within the drip line of one code-protected 22-inch diameter honey locust tree, in order to demolish the existing single-family residence and subsequently construct a new single-family residence. The trees impacted by this project are located in the front yard of the parcel within close proximity of the existing and proposed residences. Although removal of the one honey locust tree is required in order to accommodate the proposed concrete hardscaping as well as provide adequate access for construction vehicles, the 13 other code-protected trees on the parcel will remain upon completion of construction. Due to the constraints of the size of the lot and proposed central location of the residence as well as the necessity to demolish the existing residence, the factors for approval of a tree permit pursuant to the County Tree Protection and Preservation Ordinance have been established. Restitution for the tree removal is included as Condition of Approval #8, which requires the applicant to plant one tree minimum 15-gallon size, as restitution for the tree to be removed.
IX. CONCLUSION
The applicant requests approval of a Tree Permit to remove one code-protected honey locust tree and work within the drip line of one code-protected honey locust tree for the construction of a new two-story single-family residence following demolition of the existing single-family residence and accessory dwelling unit. Staff finds that the proposed tree removal is consistent with the RL Residential-Low Density General Plan land use designation, complies with the intent and purpose of the R-20 Single-Family Residential District, and meets the criteria for granting a tree permit. Because the project site is of substandard size and substandard average width in the R-20 zoning district, construction of the new single-family residence is subject to Small Lot Design Review. The new residence is consistent with the RL Residential-Low Density designation, complies with the applicable development standards for R-20 zoning district, and satisfies all of the required findings for approval of the Small Lot Design Review. Staff recommends that the Zoning Administrator approve Tree Permit and Small Lot Design Review CDTP25-00067, based on the attached findings and subject to the attached conditions of approval.