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Project Title: |
Almond Street - 4 Unit Multi-Family Residential Development Plan |
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County File(s): |
#CDDP21-03007 |
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Applicant: |
Clifton Schofield |
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Owner: General Plan: Zoning: |
Clifton Schofield Residential Medium-High Density (RMH) Multi-Family Residential District (M-29) |
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Site Address/Location: |
0 Amond Street (Southern side of Almond Steet adjacent to Howe Road) APN: 375-257-003 |
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California Environmental Quality Act (CEQA) Status: |
The proposed project is exempt under CEQA Guidelines Section 15303(b) New Construction - Multi-Family Residential structures not exceeding four units, or up to six units in urbanized areas. |
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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 seeking a Development Plan approval to allow the construction of a four-unit multi-family residential development on a vacant parcel. The proposal includes two separate two-story apartment buildings (Unit A & Unit B). Unit A & B buildings each consist of two identical 3-bedroom apartment units, combining for a total of four units. Each building includes 2,600 square feet of living space and an attached two-car garage that provides one covered parking space for each unit within the respective buildings. The project includes requests for variances for building setback for both buildings, minimum parcel area, landscaping requirements and off-street parking requirements. Lastly, the project includes a tree permit for the prior removal of three code protected trees from the subject property.
II. RECOMMENDATION
The 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(b) of the CEQA Guidelines.
B. APPROVE Development Plan, County File #CDDP21-03007 to allow the development of a four-unit multi-family residential development, based on the attached findings and subject to the attached conditions of approval.
C. DIRECT staff to file a Notice of Exemption.
III. GENERAL INFORMATION
A. General Plan: The subject property is located within a Residential Medium-High (RMH) General Plan Land Use Designation.
B. Zoning: The subject property is located within an M-29 Multi-Family Residential Zoning District (M-29).
C. California Environmental Quality Act (CEQA) Compliance: The proposed project is exempt under CEQA Guidelines Section 15303(b). This CEQA section applies to multi-family residential projects involving the construction of four or fewer dwelling units, or up to six dwelling units in urbanized areas.
D. Previous Applications: There are no prior permit approvals involving the subject property.
E. Lot Creation: The subject property is a portion of Lots 4, 5 & 6 of Martinez Center Tact No. 1, a map which was recorded on December 7, 1915.
IV. SITE/AREA DESCRIPTION
The subject property consists of approximately 9,634 square feet of vacant land located at the eastern terminus of Almond Street, immediately west of the Howe Road right-of-way in the Martinez area of unincorporated Contra Costa County. Publicly maintained portions of Almond Street right-of-way extend west from the Santa Fe Avenue intersection, approximately 200 feet west of the project. The portion of Almond Street east of Santa Fe Avenue, including the project frontage, consists of a 40-foot-wide right-of-way which was dedicated but not accepted for public roadway. Therefore, the 40-foot right-of-way is considered a shared driveway/private roadway for the use of parcels located along its northern and southern frontage. The subject property is relatively flat throughout and is completely devoid of buildings/structures.
The project vicinity consists of existing single-family and multi-family residential development within similarly zone lands located north, west, and south of the project site. The eastern boundary of the project site coincides with the Howe Road right-of-way and the Martinez City limit. The Howe Road right-of-way includes a north-west drainage channel adjacent to the paved roadway, into which the site drainage plan is designed to discharge stormwaters originating on or traversing the subject property. Established commercial and industrial land uses exist on lands along Howe Road within the City of Martinez east of the project site, however, the surrounding land uses in the area are predominantly residential.
V. PROJECT DESCRIPTION
The applicant is seeking a Development Plan approval to allow the construction of a four-unit multi-family residential development on a vacant parcel. The proposal includes two separate two-story apartment buildings (Unit A & Unit B), approximately 25’ in height. Unit A & B buildings each consist of two identical 3-bedroom apartment units, combining for a total of four units. Each building includes 2,600 square feet of living space and an attached two-car garage that provides one covered parking space for each unit within the respective buildings. The project includes requests for building setback variances for both buildings. Proposed setback variances for Unit A include a 15’ front setback (Almond Street) where 25’ is the minimum required, 4’ 9 3/4” secondary front setback (Howe Road) where 25’ is the minimum required, and 9’ 1 7/8” southern side yard where 20 feet is the minimum required. Proposed setback variances for Unit B include an 8’ 11 1/2“(southern) side yard, a 9’ 1 3/8” (western) rear yard and a 3’ (northern) side yard, where 20 feet are the minima required. The project also includes variances to ordinance code section 84-26.602 for minimum parcel area (9,600 s.f. existing where 10,000 s.f. is the minimum required for multi-family residential development), and section 84-26.1402 for landscaping open space areas within the development (no landscaped open areas proposed where 25% open area is required). The project also proposes off street parking variances to allow each of the parking spaces provided to encroach within the side yard and setback areas applicable to the principal structure. Lastly, the project includes a tree permit for the prior removal of three code protected trees from the subject property.
VI. AGENCY COMMENTS
CDD staff has forwarded application materials to outside agencies - including County Department Conservation and Development Building Inspection Division, County Health Department Environmental Health Division, County Department of Public Works Engineering Services Division, Contra Costa County Fire Protection District, City of Martinez, Contra Costa Water District, Mountain View Sanitary District, and Contra Costa Mosquito & Vector Control District - with a request for comment on the proposed project. The agency comments received by CDD staff in response to this request are summarized below.
A. Building Inspection Division: In a returned agency comment request form dated April 22, 2021, Building Inspection Division staff advise that the project is required to comply with all applicable building codes.
B. County Department of Public Works - Engineering Services Division: In a memo dated April 28, 2026, Engineering Services Division staff provide recommended conditions of approval relating to site access, drainage, and utilities for the proposed development. The recommendations have been incorporated as conditions of approval for the project. See attached comment letter for additional details.
C. City of Martinez: In a letter dated April 19, 2021, City of Martinez staff provide comments advising that the project site is located within the City’s Sphere of Influence and within the City’s water service area. It is further advised that providing water for the project from the City’s water system will be subject to approval by the Local Agency Formation Commission (LAFCO), and that all costs associated with that approval shall be borne by the applicant. Additionally, the city recommends that frontage improvements consistent with requirements specified under Martinez Municipal code should be required of the project. In a subsequent letter dated April 9, 2026, City Staff provided additional comments based on revised project plans. The 2026 comments were primarily solicited by the applicant to evaluate the proposed site drainage plan, which involves stormwater drainage pipe outfall to an existing drainage channel along Howe Road which is within the City’s jurisdiction. The April 9, 2026, letter specifies that the site drainage plan is acceptable to the city and that the applicant must obtain an encroachment permit from the City for any work occurring within the Howe Road right-of-way. See attached comment letters for additional details on the City’s comments.
D. Contra Costa County Fire Protection District (CCCFPD): In a letter dated April 22, 2021, CCCFPD staff advised of fire codes applicable to the project relating to access, and water supply. If the project is approved, construction plans will be subject to fire district review to ensure compliance with applicable fire code provisions. See attached comment letter for additional details on the specified code requirements.
E. Department of Conservation and Development Transportation Planning Section: In a memo dated April 22, 2021, transportation planning section staff advise of County Vehicle Miles Traveled (VMT) and Level of Service (LOS) standards applicable to projects which generate over 100 daily vehicular trips. the project. Transportation planning staff also note that the project is not estimated to exceed the 100 daily trip threshold. See attached memo for additional details on these comments.
VII. STAFF ANALYSIS
A. General Plan Consistency: The project consists of an urban land use proposed within an established residential neighborhood located within the urban limit line, consistent with the County’s 65/35 Land Preservation Standard. Utility connections to existing electrical, water, and sanitary sewer services would be available to the project via existing infrastructure located within public-rights of way proximate to the site. Infill development, such as that proposed with this application, is specifically encouraged under General Plan Land Use Policy LU-P2.5. The subject property is located within a Residential Medium-High (RMH) General Plan Land Use designation. Residential development within a range of 17-30 dwelling units per net acre is permissible within the RMH designation. Limited nonresidential land uses serving/supporting nearby homes may also be permissible within the RMH designation; however, the project only proposes residential land use. The project consists of four residential units resulting in a proposed project density of 18.1 units per acre on the subject +9,634-square-foot (0.221-acre) parcel. Thus, the project is consistent with the RMH designation in terms of land use, and density.
The Stronger Communities Element of the Contra Costa County 2045 General Plan includes additional policies applicable to development within the Vine Hill/Mountain View area of unincorporated Contra Costa County, a geographic area which includes the project site. General Plan policies for the Vine Hill/Mountain View support the preservation/enhancement of the local Vine Hill Creek, encourage commercial and mixed-use development along Pacheco Boulevard, and generally encourage beautification throughout the area. The project site is not proximate to Vine Hill Creek or Pacheco Boulevard; thus, the project has no potential for conflict with such policies. Area-wide beautification policies encourage improved community appearance through litter/graffiti removal, street/sidewalk maintenance, illegal dumping abatement, and code enforcement. Vacant lots can attract such nuisances and may be targeted for illegal dumping or graffiti. The subject vacant lot is somewhat isolated, located at the terminus of a private access roadway, which can attract such activities. However, access to the project site is presently secured by fencing, and the property does not appear to be experiencing nuisance conditions relating to litter, graffiti, or dumping at the time of CDD staff’s visit to the site in February 2026. Nevertheless, the improvement of the subject vacant lot with residential dwellings would remove conditions that could attract such nuisances in the future and should therefore be considered consistent with the Vine Hill/Mountain View area General Plan beautification policy.
As discussed in greater detail above, the project is consistent with permitted uses within the RMH General Plan land use designation applicable to the project site, and with General Plan policies for development within the Vine Hill/Mountain View area. The project does not conflict with any other general plan policies applicable to development of this nature and scale. Therefore, the project is consistent with the Contra Costa County 2045 General Plan.
B. Zoning Consistency: The subject property is located within an unincorporated area of the County zoned M-29 Multiple Family Residential District (M-29). Generally, the purpose of the M-29 district regulation is to allow for multiple-family residential development designed to provide as much compatibility as possible with nearby single-family residential zoning. Pursuant to County Ordinance Article 84-26.4 (Uses), a variety of residential buildings including a detached single-family dwelling, a duplex, or a multiple family building are permitted by right within the M-29 district. The project involves the construction of two duplexes (Unit A and Unit B), combining for a total of four residential apartment units on a parcel +9,634 square feet in area. Thus, the project is consistent with the intent and purpose of the M-29 district from a land use perspective.
At approximately 25’ in height each, the proposed Unit A & B buildings are consistent with the 30’ maximum building height applicable to the M-29-zoned property. The proposed project would require the approval numerous variances to development standards for the M-29 district to accommodate the proposed development, as enumerated on the table below.
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Variance |
M-29 Development Standard |
Proposed |
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1 |
Almond St Setback (Unit. A) |
25-foot min. |
15’ 0.25” |
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2 |
Howe Rd. Setback (Unit A) |
25-foot min. |
4’ 9.75” |
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3 |
Southern side yard (Unit A) |
20-foot min. |
9’ 1.875” |
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4 |
Southern side yard (Unit B) |
20-foot min. |
8’ 11.5” |
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5 |
Western rear yard (Unit B) |
20-foot min. |
9’ 1.375” |
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6 |
Northern Side yard (Unit B) |
20-foot min. |
3’ 0.25” |
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7 |
Off Street Parking setbacks |
Same As Principal Buildings |
Encroachments consistent with (#1-6 ) |
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8 |
Parcel Area for Multi-Fam. |
10,000 s.f. min |
9,634 s.f. lot |
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9 |
Open Space Landscape Area |
25% Open Space, 75% of which is to be landscaped |
0% Landscaped areas |
Although approval of the project would necessitate approval of a high number of variances, the established characteristics of the property are such that development of the property would not be possible absent approval of some combination of most (if not all) of the above listed variances. As discussed in more detail within the attached variance findings, this determination is primarily based upon the dimensional constraints of the +9634-square-foot parcel, combined with the minimum residential density required for development within the underlying Residential Medium High (RMH) Density General Plan land use designation. Based on the permissible RMH density range of 17-30 dwellings per net acre, a minimum of four units must be provided on the subject property to maintain consistency with this permissible density range. The small size, irregular shape, and dual frontage configuration of the parcel all contribute to result in a condition where the vast majority of the lot (82% of total lot area) where such improvements could be located are encroaching within a setback or yard area. Considering the fixed dimensional constraints of the project site, a high number of variances is clearly required to develop the property at a density appropriate for the RMH designation in which it is located. The multi-family residential development will be substantially consistent with existing apartment buildings in the immediate vicinity (in terms of land use, density, appearance) and within the same zoning district. Since the project site does not abut any single-family residential zoning districts, the project is able to achieve the type of development intended for lands within this zoning district, without adversely affecting any surrounding single-family residential districts. Therefore, in consideration of the above and the attached variance findings, the project may be considered achieves the stated intent and purpose of the M-29 zoning district.
C. Off-Street Parking: A total of nine (9) off-street parking spaces having minimum dimensions of 9’ x 19’ are required for the multi-family residential development pursuant to section 84-26.1202 of the County ordinance code. The total parking requirement consists of two spaces per each three-bedroom unit (one of which shall be covered), plus an additional ¼ space per unit for guest parking. Additionally, pursuant to section 82-16.412(c) a minimum of two short-term bicycle parking spaces shall be included in the total off-street parking requirement for the proposed project. As presently proposed, a total of eight off-street parking spaces are provided within the boundaries of the subject property and no bicycle parking is provided, resulting in two variances in addition to those described above in the above zoning consistency section of this report. Given the fact that section 84-26.1202(a) species that guest parking within the M-29 district may include the property’s street frontage, staff concludes that this area would seem to provide adequate area to provide one additional parking space and two short-term bicycle parking spaces needed to reach full compliance with off-street parking requirements. Therefore, the project is conditioned to require one guest parking space, and two short-term bicycle parking spaces are provided for the development. The guest parking space shall be located parallel with the northern property line, and entirely within the southerly half-width of the private right-of-way fronting (Almond Street) fronting the project site. The bicycle parking may be located adjacent to the guest parking space, or adjacent to any other appropriate location on site, as determined by Community Development Division (CDD) staff. If the project is approved, CDD staff will verify that all required vehicle and bicycle parking has been required prior to CDD-stamp approval of construction plans for the issuance of building permits.
D. Tree Protection and Preservation Ordinance: No tree removal is proposed with this application, however, a topographic survey dated February 24, 2021 that was submitted with this application indicates the existence of tree trees of unspecified species having diameters ranging from 12”-19” in diameter. Pursuant to section 816-6.6004(2)(a) of the County ordinance code, any tree exceeding 6.5” in diameter on any undeveloped property within any zoning district is considered code protected. Given the unimproved nature of the subject property, all trees shown on the 2021 Survey are considered code protected. Upon a visit to the site in early 2026, the project planner noted the absence of trees throughout the project site. Therefore, the retroactive removal of the trees depicted on the 2021 survey have been added to the project description. Restitution tree planting is not recommend by CDD staff due to dimensional constraints of remaining undeveloped areas of the project.
E. Landscaping: The project does not include any areas of irrigated landscaping. Based on the Open Area requirements (Ord. §84-26.1402) of the M-29 district, a minimum of 25% of the parcel area is to be maintained as open space, and 75% of that open area (or roughly 18.75% of the total parcel area) is to be landscaped with living plants. As proposed, the project would not include any irrigated landscaped areas, and vegetation on site would be limited to the vegetated bioretention basins proposed adjacent to the buildings. Due to the significant dimensional constraints of the subject property, the project would not leave any remaining undeveloped areas of the site where a significant square-footage of landscaping could be installed to meet this requirement. Available unimproved areas are limited to the setback/yard areas between the proposed improvements and property lines. Due to the dimensional constraints of remaining unimproved areas, staff finds merit in the applicant’s request for relief from the open area landscaping requirements for this project. The site is presently lined by numerous existing offsite trees/vegetation immediately adjacent to eastern and northern property lines which provide the appearance of a landscaped property when viewing the site from Howe Road, which is the only public vantage point offering views of the site. Thus, forgoing landscaping requirements in this case may not necessarily result in a significant negative effect on the area in terms of aesthetics and would allow scarce parcel area to be reserved for the proposed residential improvements.
F. Access and Circulation: The project site is located along the southern frontage of Almond Street, an existing private 40-foot-wide right-of-way extending from Santa Fe Avenue for roughly 250 linear feet towards its eastern terminus at Howe Road. The existing right-of-way was offered but not accepted for public use. Therefore, the right-of-way presently functions as a private driveway/roadway easement for the use of parcels along its frontage. The project includes driveway improvements within this right-of-way along the property frontage for the purpose of accommodating access to the site by emergency vehicles. Off-street parking areas within the development will be accessible via an 18-foot-wide driveway that provides adequate horizontal clearance for ingress/egress.
G. Utilities: The project is conditioned to require that all new utility connections servicing the development will be underground. The residential development will utilize existing utility infrastructure located in adjacent rights-of-way to establish utility service to the project, including existing PG&E electrical utility poles and Martinez water district service mains located within the Santa Fe Avenue right-of-way, as well as existing Mt. View sanitary district infrastructure located within the Howe Road right-of-way. It is the applicant’s responsibility to secure encroachment permits, and/or any additional approval(s) relating to off-site work occurring within an adjoining public right-of-way.
H. Collect and Convey Ordinance (Division 914): Division 914 of the County Ordinance code requires that all stormwater entering and/or originating on this property be collected and conveyed, without diversion and within an adequate storm drainage system which conveys the stormwater to an adequate natural watercourse. The project proponent proposes to collect stormwaters originating on site, or traversing the site, and convey them to an existing drainage ditch located immediately east of the project site within the Howe Road right-of-way. The proposed drainage outfall and drainage ditch are located within the City of Martinez. Upon review of the drainage plan, City staff have indicated that it is acceptable but will require the issuance of an encroachment permit by the City for any work occurring in the Howe Street Right of way.
I. Contra Costa Clean Water Program Compliance: Based on Contra Costa Clean Water Program guidelines (Stormwater C.3 Guidebook, updated June 2025), the development will exceed the threshold of 5,000 square feet triggering the requirement for a stormwater control plan. The applicant has provided a preliminary SWCP with this application, which has been deemed acceptable by engineering staff with the County Public Works Department and within the City of Martinez. If approved, a Final SWPC must be provided for the project which demonstrates compliance with all aspects of the latest edition of the Stormwater C.3 Guidebook and meet the requirements of the Regional Water Quality Control Board.
VIII. CONCLUSION
Staff recommend approval of the four-unit multi-family residential Development Plan #CDDP21-03007, subject to the attached findings and conditions of approval.
Attachments:
• Findings and Conditions of Approval
• Maps and Project Plans
• Agency Comments