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File #: 25-1886    Version: 1 Name:
Type: Discussion Item Status: Agenda Ready
File created: 4/29/2025 In control: Contra Costa County Zoning Administrator
On agenda: 5/19/2025 Final action:
Title: MICHAEL WAXMAN (Applicant) / JAMES & ELIZABETH THOMSEN (Owners), County File CDDP24-03061: The applicant is seeking approval of a Kensington Design Review development plan to allow a 218 square-foot addition to the rear of an existing single-family residence. The project results in a gross floor area (GFA) of 3,746 square feet, where 3,600 square feet is the GFA threshold necessitating public hearing. The addition is located within the building envelope of the existing residence, beneath a recently constructed elevated deck, with no expansion to the established building footprint or increase in building height. The subject property is located at 60 Arlington Avenue in the Kensington area of unincorporated Contra Costa County (APN: 572-202-016, Zoning R-6 Single-Family Residential, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District) AV
Attachments: 1. 01 Findings and COAs, 2. 02 Maps, 3. 03 Project Plans, 4. 04 Agency Comments
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Project Title:

60 Arlington Avenue Kensington Design Review Development Plan

 

 

County File(s):

CDDP24-03061

 

 

Applicant  Owners:

Michael Waxman   James & Elizabeth Thomsen

 

 

Zoning/General Plan:

R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / RLM Residential Low-Medium Density

 

 

Site Address/Location:

60 Arlington Avenue in the Kensington area of unincorporated Contra Costa County (APN: 572-202-016)

 

 

California Environmental Quality Act (CEQA) Status:

Categorical Exemption, CEQA Guidelines Section 15301(e)(1)

 

 

Project Planner:

Adrian Veliz, Senior Planner, (925) 655-2879

 

adrian.veliz@dcd.cccounty.us <mailto:Adrian.veliz@dcd.cccounty.us>

 

 

Staff Recommendation:

Approve (See section II for full recommendation)

 

I.                     PROJECT SUMMARY

 

The applicant requests approval of a Kensington Design Review Development Plan to allow a 218-square-foot single-story addition to the rear of an existing single-family residence. The project results in a gross floor area (GFA) of 3,746 square feet, where 3,600 square feet is the GFA threshold necessitating a public hearing. The proposed addition is located within the building envelope of an existing single-family residence on the subject property, beneath a recently constructed elevated deck, with no expansion to the established building footprint.

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 15301(e)(1) of the CEQA Guidelines.

 

B.                     APPROVE Kensington Design Review Development Plan CDDP24-03061 to allow a 218-square-foot single-story addition to an existing single-family residence, subject to the attached findings and conditions of approval.

 

C.                     DIRECT staff to file a Notice of Exemption with the County Clerk.

 

III.                     GENERAL INFORMATION

 

A.                     General Plan: RLM Residential Low-Medium Density.

 

B.                     Zoning: R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District.

 

C.                     California Environmental Quality Act (CEQA): CEQA Guidelines Section 15301(e)(1) Existing Structures, Class I exemption for additions to existing structures consisting of no more than 50% of the floor area of the home before the addition, or 2,500 square feet in an area. The project involves a 218 square-foot addition that does not exceed 50% of the existing floor area of the residence (3,528 square feet gross). 

 

D.                     Lot Creation: The subject property is identified as a portion of lots #2a & #2b of the subdivision map titled Arlington Acres, which was recorded on October 21, 1918. The parcel was established in its current configuration via Land Division #216-61, which the was approved by the County Planning Commission on August 9, 1961.

 

E.                     Previous Application:

 

CDKR23-00007: This application for Kensington Design Review for a residential addition of a second-story deck was submitted on April 7, 2023. A Notice of Intent to Render an Administrative Decision was sent to property owners within 300 feet of the subject parcel on April 11, 2023. No public hearing was requested in response to the Kensington Design Review notice and the Zoning Administrator approved CDKR23-00007 on May 23, 2023.

 

 

IV.                     SITE/AREA DESCRIPTION

 

The property at 60 Arlington Avenue consists of a 10,800-square-foot parcel located on the west side of Arlington Avenue, immediately south of the intersection of Rincon Road and Arlington Avenue. Existing structural improvements on site include an existing single-family residence and detached garage. The subject property and adjacent parcels are located on a western facing hillside, which slopes steeply downward from the property’s Arlington Avenue frontage west towards the rear of the lot.

 

The project neighborhood, including the subject parcel, is comprised of single-family residences. The terrain in this part of Kensington consists of moderate to steeply sloped hillsides. Generally, elevation increases north and east of the site, whereas areas south and west of the site are located downslope. Due to the topography of the area many homes in the neighborhood have distant views to the west of city skylines, the San Francisco Bay, Golden Gate Bridge and/or Bay Bridge.

 

The subject parcel is generally rectangular in shape, tapering to an angular point along the Arlington Avenue frontage.  The property has a frontage width of +54.5 feet along Arlington Avenue and a depth of +193 feet. 

 

V.                     PROJECT DESCRIPTION

 

The applicant requests approval of a Kensington Design Review Development Plan to allow a 218-square-foot single-story addition to the rear of an existing single-family residence. The project results in a gross floor area (GFA) of 3,746 square feet, where 3,600 square feet is the GFA threshold necessitating a public hearing. The proposed addition is located within the building envelope of an existing single-family residence on the subject property, beneath a recently constructed elevated deck. The project would enclose the area beneath the existing deck, with no expansion to the established building footprint.

 

 

 

VI.                     AGENCY COMMENTS

 

An Agency Comment Request packet for the proposed residential addition was sent on December 27, 2024, to a number of public agencies, including Building Inspection Division, Contra Costa Environmental Health, Kensington Fire Protection District, Stege Sanitary District, East Bay Municipal Utility District, City of El Cerrito, and Kensington Municipal Advisory Council. Agency comments received by staff are included in Attachment 3. Following are summaries of the agency comments received.

 

A.                     Kensington Municipal Advisory Council (KMAC): The project was considered by the KMAC during their monthly meeting held on January 29, 2025. In an email dated January 31, 2025, CDD staff was advised that the KMAC had voted unanimously in recommending approval of the subject property.

 

B.                     East Bay Municipal Utility District (EBMUD): In an email dated December 30, 2024, EBMUD staff indicated that the district has no comments on the proposed project.

 

C.                     Contra Costa Environmental Health Division (CCEH): In a letter dated January 9, 2025, CCEH staff advised of project activities which would require CCEH permitting, including water supply well, soil boring, and private wastewater disposal systems. Lastly, CCEH staff recommended that the project be served by public sewer and public water wherever possible.

 

VII.                     STAFF ANALYSIS

 

A.                     General Plan Consistency: The subject parcel at 60 Arlington Avenue is located within a Residential Low-Medium Density (RLM) General Plan land use designation. The RLM designation is intended to promote the orderly development of residential neighborhoods at appropriate densities. The project includes an addition which increases living area within the existing single-family residence by 218 square feet. The proposed addition does not change the established residential use of the site, its residential density, or lot size. Thus, the residential project is clearly consistent with the intent and purpose of the RLM designation.

 

The project is also subject to the Kensington Policies # 1 through 14 of the General Plan Stronger Communities Element. Collectively, these policies promote for emergency preparedness, provide for reasonable review of new residential development with protection for existing residences in the Kensington community, and encourage development of diverse housing stock, public services and infrastructure, and open space. The relevant policies applicable to the proposed minor residential addition include Kensington Policies #3 through 6, which require the proposed project to be evaluated for view impacts, design compatibility, privacy, and solar access. As discussed below, the project is consistent with all applicable Kensington Policies within the County General Plan.

 

Kensington Policy 3: Ensure new development provides reasonable protection for existing residences regarding views, design compatibility (including building bulk, height, and mechanical devices), adequate parking, privacy, and access to sunlight.

 

The project involves enclosing the area beneath an existing elevated deck, thereby creating additional living space accessible from the lowest level of the existing residence on the property. Considering that the project is located entirely beneath an existing elevated deck and does not expand the existing building envelope, the project has little to no potential to result in substantial impacts on surrounding residences in terms of views, or access to sunlight. 

 

With respect to privacy, the fact that the project is situated lower in elevation than existing homes on side adjacent parcels, combined with the fact that it is not adjacent to living space on such parcels substantially limits the projects’ potential to adversely affect privacy on neighboring lots. The residence on the downslope (western) adjacent parcel is much closer to the project and therefore has greatest potential to experience adverse privacy impacts. However, since the area to be enclosed does not include any western facing windows and is situated 50 feet distant from the western property line (where 15 feet is the minimum required) the project would not result in substantial adverse privacy impacts for this westerly neighbor.

 

Since the project is located entirely within the established building envelope, it will have a minimal effect on the existing home in terms of architectural appearance. The property has adequate off-street parking within an existing two-car garage attached to the residence. The enclosed area beneath the deck will be finished with shingled siding to match the existing residential exterior. The project is not visible when viewed from publicly accessible vantage points on Arlington Avenue, thus limiting the potential to conflict with the neighborhood in terms of design compatibility.

 

In cumulative consideration of the above, the project provide reasonable protected to existing residences regarding views, design compatibility, parking, privacy and solar access.

 

Kensington Policy 4: When reviewing new development proposals, ensure views of scenic natural features (e.g. San Francisco Bay, distant mountains) and the developed environment (e.g., bridges, San Francisco skyline) are substantially preserved.

 

Generally, protected views in Kensington consist of western facing downslope views towards the San Francisco Bay and adjacent city skylines and distant mountains. Westerly (downslope) views from the project site are presently obscured by numerous mature trees existing on nearby parcels. substantially limiting the project’s potential to affect protected views in this direction. When viewed from the existing home on the rear adjacent parcel, the project would only obscure views of the existing home’s foundation. Additionally, the area to be enclosed is at the rear of the existing home and is lower in elevation than existing homes on side adjacent parcels located northwest and southeast of the project site. Given these established conditions, the project would not expectedly obscure existing views from adjacent homes to any significant degree.

 

Kensington Policy #5: For new developments, encourage building scale, massing, architectural style, and materials to provide harmonious scale transitions and blend with the surrounding existing residential neighborhood.

 

The project does not result in an expansion of the established building envelope, nor does it increase the pitch or peak height of the existing residential roofline. Thus, the project is in keeping with the existing building massing and architectural style. The enclosed area beneath the elevated deck will be finished with shingle siding to match the existing residence. Thus, the project is considered harmonious with the surrounding residential neighborhood in terms of building scale and design.

 

B.                     Zoning Compliance: The subject parcel is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District. The proposed project does not involve removal or addition of any tree, and therefore, the regulations of the Tree Obstruction of Views Combining District do not apply to this application.

 

The intent and purpose of the R-6 District is to facilitate orderly development and maintenance of high-density, single-family residential neighborhoods. The proposed residential addition conforms to all R-6 development standards (e.g. front setback, side and rear yards, building height, off- street parking). Therefore, the proposed addition to an existing single-family residence meets the intent and purpose of the R-6 District.

 

The Kensington Combining District includes seven criteria for approval of the Development Plan. As detailed below, the project satisfies all seven criteria.

 

1.                     Recognizing the rights of property owners to improve the value and enjoyment of their property.

 

Finding: The project is a 218-square-foot one-story addition to the southwestern side of an existing single-family residence in the R-6 Single-Family Residential District. The proposed addition is in conformance with minimum setback, minimum side and rear yards, maximum building height, and minimum off-street parking requirements applicable to development in the R-6 District. Construction of a residential addition conforming to these development standards is permitted following the application review procedures for the Kensington Combining District, absent substantial impacts to neighboring parcels in terms of views, privacy, or solar access. The increased square-footage is located entirely within the established building envelope, adjacent to living space on the lowest level of the existing multi-story home. The size and location of the project, and the surrounding topography are such that the project would expectedly result in minimal impacts on neighboring properties in terms of views, privacy, or solar access.

 

2.                     Recognizing the rights of property owners of vacant lots to establish a residence that is compatible with the neighborhood in terms of bulk, scale, and design.

 

Finding: The subject parcel is not a vacant lot. Therefore, this criterion does not apply.

 

 

3.                     Minimizing impacts upon surrounding neighbors.

 

Finding: The project involves a two-story residential addition that is in conformance with all applicable development standards for the R-6 District. Section 84-74.204(b) of the Kensington Combining District Ordinance specifies that the ordinance is intended to promote the community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels. The project is consistent with these values as discussed below:

 

                     Views: The project would not result in adverse effects on views enjoyed from surrounding properties. The surrounding topography, and location of the project relative to living space within adjacent residences ensures that the project minimizes view impacts.

 

                     Privacy: The project proposes the enclosure of the area beneath an existing elevated deck, resulting in a 218-square-foot addition to the southwestern side of the existing single-family residence on the subject parcel. The project would have negligible privacy impacts for neighbors to the north and south because living space within the existing homes on these neighboring parcels are situated uphill and east of the project. The neighboring property to the west at 58 Arlington Way is located downhill from the site, and the project may be visible from eastern facing windows within this residence. This would not expectedly result in an adverse privacy impact, however, since the project exceeds the minimum rear setback (50 feet proposed where 15 feet is the minimum required) and does not include any western facing windows. Therefore, the project minimizes privacy impacts upon surrounding neighbors.

 

                     Light and Solar Access: The potential for residential construction to limit light and solar access on neighboring properties are predominantly influenced by siting (i.e. setbacks), size, and height. The project does not alter the existing siting, size or height of the established building envelope, since the project is enclosing an area below a deck. Therefore, the project would have no impact on surrounding properties in terms of light and solar access. 

 

 

 

 

4.                     Protecting the value and enjoyment of the neighbors' property.

 

Finding: As previously mentioned, the addition would not significantly block any views in the project neighborhood or decrease privacy or access to sunlight. Therefore, in the absence of significant impacts on neighboring parcels, the addition would preserve the value and enjoyment of the neighbors’ property.

 

5.                     Maintaining the community’s property values.

 

Finding: The project involves an addition to an existing single-family residence in an established residential neighborhood. The proposal does not involve an incompatible land use that would conflict with the surrounding residential community in a manner that may negatively affect property values. Additionally, the project does not substantially affect scenic views, privacy, or solar access for neighboring parcels to any significant degree. Therefore, the project maintains the community’s property values.

 

6.                     Maximizing the use of existing interior space.

 

Finding: The existing single-family residence consists of a main (second) floor at street level having approximately 1,477 square feet of living area, a 794-square-foot upper (third) floor, and a 767-square-foot lower (first) floor.  The project is adjacent to and accessible from first floor living areas. The project will provide additional living space without expanding the established building envelope, thereby maximizing the utility of first floor living areas.

 

7.                     Promoting the general welfare, public health, and safety.

 

Finding: The residential addition does not change the land use on the subject parcel and, as described above, would have minimal impact on neighboring properties. The project’s compliance with applicable zoning standards and the requirement to obtain building permits will ensure that the addition does not present a hazard to public health and safety for the occupants or community at large. Thus, the project promotes the general welfare, public health, and safety of the Kensington community.

 

 

 

VIII.                     CONCLUSION

 

Construction of the proposed residential addition is consistent with the SH Residential Low-Medium Density (RLM) General Plan land use designation and complies with the intent and purpose of the R-6 Single-Family Residential Zoning District and the -K Kensington Combining District. Therefore, staff recommends approval of Kensington Design Review Development Plan CDDP24-03061 to allow a 218-square-foot addition to an existing single-family residence, subject to the attached findings and conditions of approval.

 

 

Attachments:

1.                     Findings and Conditions of Approval

2.                     Planning Maps

3.                     Project Plans

4.                     Agency Comments