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Project Title: |
0 Willamette Avenue Kensington Design Review Development Plan |
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County File(s): Appellants: |
CDDP23-03009 Jiawen Chen and Hanqing Zhao, 255 Willamette Avenue |
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Applicant/Owner: |
Jasmit Rangr, Rangr Studio (Applicant) / Dean Michael Gridley (Owner) |
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Zoning/General Plan: |
R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, -K Kensington Combining District / RM Residential Medium Density |
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Site Address/Location: |
0 Willamette Avenue between Highland Boulevard and Purdue Avenue in the Kensington area of unincorporated Contra Costa County (Assessor’s Parcel Number: 570-161-009) |
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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 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
This is an appeal of the Zoning Administrator’s approval of a Kensington Design Review Development Plan for construction of a new single-family residence and detached garage on a vacant lot. The project includes variances to allow reduced front yard setbacks for a detached garage and retaining wall. The project also includes a Tree Permit for the prior removal of a code-protected Coast Live Oak tree.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission:
A. DENY the appeal filed by Jiawen Chen and Hanqing Zhao.
B. FIND that the project is categorically exempt from CEQA under Section 15303(a) of the CEQA Guidelines.
C. APPROVE Kensington Design Review Development Plan CDDP23-03009 for construction of a new single-family residence and detached garage that has a gross floor area of 3,293 square feet, including variances for a 5-foot front yard setback (where 20 feet is the minimum required) for the detached garage and a 1-foot front yard setback (where 20 feet is the minimum required) for a retaining wall exceeding 3 feet in height, and a Tree Permit for the prior removal of a code-protected Coast Live Oak tree, based on the attached revised findings and subject to the attached revised conditions of approval.
D. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: Residential Medium Density (RM).
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 Sections 15303(a), New Construction, Class 3 exemption for the construction of one single-family residence in a residential zone.
D. Previous Applications: None.
IV. BACKGROUND
A. Zoning Administrator Hearings: This Development Plan application was accepted by the CDD on April 10, 2023. The Zoning Administrator held public hearings on March 17, April 21, and May 5, 2025. At the May 5, 2025, hearing, the Zoning Administrator continued the project indefinitely to allow the Kensington Municipal Advisory Council (KMAC) to review changes to the project. After review and a recommendation for approval by KMAC, the project was scheduled for the April 6, 2026, Zoning Administrator hearing. The Zoning Administrator continued the item to April 20, 2026, and at that hearing approved the project.
B. Appeal of the Zoning Administrator’s Decision: An appeal of the Zoning Administrator’s decision was filed on April 29, 2026, within the 10-day appeal period by Jiawen Chen and Hanqing Zhao, of 255 Willamette Avenue, Kensington. The appeal letter is included in Attachment B.
V. SITE/AREA DESCRIPTION
The subject property is a 7,810 square-foot trapezoidal lot on the north side Willamette Avenue between Highland Boulevard and Purdue Avenue within the R-6 Single-Family Residential District. The lot was originally created as part of the Berkeley Highland Addition Resubdivision Block Z and the current configuration was recorded on March 4, 1969. The lot is vacant with no building permit records for any structure having ever been constructed on property.
Similar to other parcels on the north side of Willamette Avenue, the subject property slopes consistently upward towards the north, away from the frontage with a total elevation change of approximately 45 feet. The lots in the surrounding area have all been developed with single-family residences as well as accessory structures and buildings normally associated with the development.
VI. PROJECT DESCRIPTION
The applicant requests approval of a Kensington Design Review Development Plan for single-family residential construction with a gross floor area of 3,293 square feet (where 3,000 square feet is the maximum gross floor area allowed without a public hearing) on a vacant lot. The lower floor of the residence would be 1,237 square feet, the upper floor would be 1,557 square feet, and there would be a 499-square-foot detached garage. The house would comply with all required yard setbacks. The applicant requests variances for a 5-foot front yard setback (where 20 feet is the minimum required) for the detached garage and a 1-foot front yard setback (where 20 feet is the minimum required) for a retaining wall exceeding 3 feet in height. The reduced front yard setbacks would allow for construction of covered off-street parking and creation of an additional off-street parking space to address limited availability of on-street parking on Willamette Avenue. Additional improvements would include hardscaping, exterior stairs, and landscaping.
The project also includes a Tree Permit for the prior removal of a code-protected Coast Live Oak tree approximately 4-12 inches in diameter on the vacant lot. The prior removal occurred sometime after 2015 and is unrelated to the current project.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on April 11, 2023, to various public agencies, including the Department of Conservation and Development - Building Inspection Division (including the Grading Inspection Section), Health Services Department - Environmental Health Division, Public Works Department - Engineering Services Division, Kensington Fire Protection District, Stege Sanitary District, East Bay Municipal Utility District, Kensington Municipal Advisory Council, and Contra Costa Mosquito and Vector Control District. The Agency Comment Request packet was also sent to Darwin Myers Associates, the County Peer Review Geologist. Agency comments received by staff are included in Attachment D. Following are summaries of the comments received.
A. Contra Costa Mosquito & Vector Control District (CCMVCD): On April 27, 2023, CCMVCD staff returned the Agency Comment Request form stating that they had no comments on the project.
B. East Bay Municipal Utility District (EBMUD): On April 28, 2023, EBMUD submitted a letter stating that the project sponsor should contact EBMUD’s New Business Office and request a water service estimate to determine the costs and conditions of providing water service to the development and no water meters are allowed to be located in driveways.
The Conditions of Approval and Advisory Notes include an advisory note notifying the applicant that they must comply with EBMUD’s requirements.
C. County Peer Review Geologist: On June 5, 2023, Darwin Myers Associates provided a letter, Geologic Peer Review - 30 Day Comments, which includes review of the project geotechnical report (Geotechnical Report for Parcel 09, Willamette Avenue, Kensington, California; Summitt Engineering, July 18, 2022), prepared by a licensed geotechnical engineer, that was submitted with the project application on April 20, 2023, and specific recommendations for geotechnical engineering and the submittal of a supplemental geotechnical report prior to the issuance of building permits.
The Conditions of Approval and Advisory Notes include a condition requiring the applicant to submit an updated geotechnical report prior to issuance of a grading or building permit.
D. Kensington Municipal Advisory Council (MAC): On September 25, 2024, the Kensington MAC unanimously recommended approval of the project. Revised project plans were received by staff on December 4, 2025, which were subsequently provided to the MAC for consideration. At its January 28, 2026, meeting, the MAC unanimously recommended approval of the revised project.
E. Public Works Department - Engineering Services Division: On February 4, 2025, Public Works staff returned the Agency Comment Request form stating that driveway construction and all other improvements within the public right-of-way will require an encroachment permit from Public Works.
VIII. PUBLIC COMMENTS
CDD staff received several public comments in 2024 and 2025, which the Zoning Administrator considered prior to making their decision. Those comments are included as Attachment H.
IX. ZONING ADMINISTRATOR APPEAL
An appeal letter from Jianwen Chen and Hanqing Zhao, residents of 255 Willamette Avenue, was received on April 29, 2026, along with a supplemental letter prepared on their behalf by Michael Durkee, Esq. The letters are included as Attachment B. The letters include four appeal points, which are summarized below and followed by a staff response.
A. Appeal Point #1: The proposed project will impact the existing views of the Golden Gate Bridge and Bay Bridge for 255 Willamette Avenue.
Staff Response: 255 Willamette Avenue is on the eastern side of the subject lot. The north tower of the Golden Gate Bridge is approximately 243 degrees west- southwest of the residence at 255 Willamette Avenue and the easternmost tower of the Bay Bridge’s western span is approximately 216 degrees south-southwest of 255 Willamette Avenue as shown in image below.
Following the direct line of sight for the landmarks above, a portion of those lines goes through the subject property as shown below.
The site plan in Attachment E shows the proposed footprint of the project as well as the footprints of the existing adjacent residences at 245 and 255 Willamette Avenue to illustrate the location of the project relative to the surrounding residences. The southern edge of the footprint of the proposed residence is approximately 45.5 feet from the front property line. It is set approximately 25.5 feet farther back from the frontage than the front of the appellants’ residence at 255 Willamette Avenue. The project plans include 3-D renderings illustrating the existing west- and south-facing window locations at 255 Willamette Avenue relative to the proposed residence. The proposed location of the residence minimizes view impacts to 255 Willamette Avenue. It substantially preserves existing viewsheds and panoramic scenes, including those of the Golden Gate Bridge and Bay Bridge to the west-southwest, that would be more impacted if the residence was located closer to the front property line.
“Obstruction” is defined in Section 84-74.404 of the Kensington Combining District as “any substantial blockage or diminution by the proposed development on surrounding neighbors' light, solar access, view, or preexisting solar energy systems.” The standard for review is “substantial blockage,” not “no impact.” The Zoning Administrator considered the relationship between the proposed residence and the residence at 255 Willamette when approving the project and determined that impacts to views would not be substantial.
Appeal Point #2: The proposed project will impact almost all solar access to the kitchen and study of 255 Willamette Avenue.
Staff Response: The existing solar access enjoyed at 255 Willamette Avenue is due to the subject property having never been developed, which is uncommon for this area. No other property on Willamette Avenue is vacant, and vacant lots are rare in Kensington. As the subject property is a legal lot zoned for single-family residential development, it is reasonable to assume that it eventually would develop and impact neighboring properties to some degree.
The subject lot is west of 255 Willamette Avenue. Thus, development on the subject lot could potentially obstruct direct solar access on the west side of 255 Willamette Avenue during some of the afternoon and into the evening. Most of 255 Willamette Avenue would not be impacted during most of the day. As with potential impacts to views, the Zoning Administrator considered the relationship between the proposed residence and the residence at 255 Willamette when approving the project and determined that impacts to solar access would not be substantial, not nonexistent.
Appeal Point #3: The subject site is not suitable for development due to potential landslides.
Staff Response: Many lots in the vicinity have slope conditions similar to the subject property. Specifically, these lots are on slopes of 26% or greater. The existence of homes on these lots, most of which were built decades ago using less sophisticated construction techniques and with less understanding of the area’s geology, demonstrates the feasibility of developing the subject property.
A geotechnical report for the project, prepared by a licensed geotechnical engineer, was submitted with the project application on April 20, 2023. The County Peer Review Geologist reviewed the geotechnical report and provided specific recommendations for geotechnical engineering and submittal of a supplemental geotechnical report prior to issuance of grading or building permits. This is a common practice for projects under the County’s jurisdiction. The project also will be required to comply with the current California Building Code, which is far more stringent than the standards in place when the majority of Kensington was developed.
Appeal Point #4: The project does not qualify for a CEQA categorical exemption.
Staff Response: This appeal point discusses the California Supreme Court’s ruling in Berkeley Hillside Preservation v. City of Berkeley. In that case, the City of Berkeley relied on two categorical exemptions in approving a 6,478-square-foot house with a 3,394-square-foot attached garage on a steep slope (approximately 50% grade) in a heavily wooded area. A community group sued the city, arguing that the project qualified for an exception to the categorical exemptions under CEQA Guidelines Section 15300.2(c) because of the severity of its environmental impacts. The Supreme Court remanded the case to the Appellate Court, where the final ruling was in favor of the city (i.e., reliance on the categorical exemptions was upheld). The aspect of the case applicable here is the Court’s affirmation that opponents wishing to show that a project does not qualify for an exemption must demonstrate 1) that the project involves unusual circumstances and 2) there is a reasonable possibility that those unusual circumstances will result in a significant effect on the environment. The appellants have demonstrated neither.
Regarding the first criterion, the appellants assert that it is satisfied merely by the fact that variances are required for the project. Staff disagrees. Several homes and garages along Willamette Avenue, and many throughout Kensington, were built prior to adoption of zoning regulations in the unincorporated county. Numerous homes, garages, retaining walls, and other structures across the community encroach into (now) required setbacks because no setback regulations existed at the time of their construction. These buildings and structures are at variance to current regulations. The applicant seeks to develop the property similarly to other properties, i.e., with the garage located within the required front setback. Requiring the garage to comply with the 20-foot front setback standard would be more environmentally impactful because of the additional hillside excavation that would be necessary. The requested variances are not unusual - they allow for development of the property in a manner consistent with and typical of Kensington’s decades-old development pattern. Staff also notes that no portion of the proposed residence requires a variance. The dwelling itself would meet all applicable development standards of the R-6 zoning district including front, side, and rear yard setbacks as well as height restrictions. The variances apply only to accessory site improvements.
The appellants assert that the second criterion is satisfied because the project will impact viewsheds in the neighborhood, specifically their views, and because the project is located in an area of significant slopes. Staff disagrees. Kensington is relatively dense for a community consisting primarily of detached single-family residences. Lots tend to be smaller than what zoning normally requires and homes often are close together. Many views are fully or partially blocked. If one accepts the appellants’ argument that a partial obstruction of the view from their home constitutes a significant environmental impact, then one must also accept that hundreds of homes throughout Kensington and other communities, such as nearby East Richmond Heights, cause significant environmental impacts because they also obstruct views. No evidence has been submitted to the County demonstrating that such obstructions, which are commonplace in urban areas, qualify as significant environmental impacts.
Regarding impacts related to the area’s slopes, as noted above, the proposed residence would be constructed on topography similar to numerous homes in the same community and across the county, but to the much more stringent standards of the current California Building Code. Similar to the argument related to view obstructions, if one accepts that building on a steep slope necessarily results in a significant environmental impact, then one must accept that hundreds of hillside homes, including the appellants’, are causing, or have caused, significant environmental impacts. That conclusion also is not supported by any evidence that has been submitted to the County.
Finally, staff notes that the project in the Berkeley Hillside case was substantially larger in scale, and potentially more impactful, than the project proposed here. Following the Supreme Court’s decision, the Appellate Court upheld the city’s use of categorical exemptions in approving that project.
X. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The subject property is located in the RM Residential Medium Density General Plan land use designation. The RM designation is intended to promote higher density single-family and lower density multiple-family residential development with lot sizes typically in the range of 2,500 to 6,000 square feet. The density range is 7-17 units per net acre. The project is consistent with the RM designation’s land use and density provisions.
The Health and Safety Element of the County General Plan addresses development within areas such as Kensington that are susceptible to geologic hazards. The subject lot, as well as the adjacent lots on the north side of Willamette Avenue, have slope percentages of 26% or greater and as such are subject to policies in the Health and Safety Element intended to mitigate potential impacts related to geologic hazards. Policy HS-P11.5 prohibits development on slopes of 26% or greater except for development on existing legal lots where no other feasible building sites exist. The subject lot is a legal lot that was created on March 4, 1969. No other feasible building site on the subject lot exists and thus the project complies with this policy. The project is also subject to Policies HS-P11.2 and P11.4, which prohibit construction where geologic hazards cannot be adequately mitigated and requires that geotechnical reports be referred to the County Peer Review Geologist for evaluation of their adequacy. The project applicant has provided a geotechnical report that has been peer reviewed by the County Geologist. Per the recommendation of the County Geologist, an updated geotechnical report will be submitted and reviewed prior to issuance of a building permit. With this condition of approval, the project is consistent with the applicable goals and policies of the Health and Safety Element of the General Plan.
B. Zoning Compliance: The subject property is located in the R-6 Single-Family Residential District, -TOV Tree Obstruction of Views Combining District, and -K Kensington Combining District.
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 2,794-square-foot single-family residence and 499-square-foot detached garage comply with all side and rear yard development standards for the R-6 District. A variance to the front yard setback is necessary for the proposed garage due to the topography of the lot. The variance would be consistent with other variances approved on the north side of Willamette Avenue. The properties at 239 Willamette Avenue (CDVR99-01079) and 245 Willamette Avenue (CDVR77-01018) were granted front yard setback variances because of topography similar to the subject lot. The proposed residence has a maximum height of 20 feet at any vertical point on the lot and complies with the 35-foot height limit for the R-6 District. The proposed residence is tiered, so it is not more than two stories at any point on the subject lot. With a variance of the front yard setback, the project conforms to all setback and height standards of the R-6 District.
The intent of the Tree Obstruction of Views Combining District is to establish the right of a property owner to seek the restoration of views and sunlight that existed when the property owner purchased the property, and to establish a process by which property owners may seek restoration of these views and sunlight when they are unreasonably obstructed by growth of trees on another property. As this lot is vacant and does not have any obstructing trees, the project has no conflict with the regulations of this combining district.
The project is subject to the development regulations of the Kensington Combining District. The Combining District is intended to provide specific regulation to fairly and efficiently implement General Plan policies for the Kensington area so that future development recognizes the rights of property owners to improve the value and enjoyment of their property while minimizing impacts upon surrounding neighbors and not substantially impairing the value and enjoyment of the neighbors’ property. The Combining District also intends to promote the Kensington community’s values of preservation of views, light and solar access, privacy, parking, residential noise levels, and compatibility with the neighborhood in terms of bulk and scale.
The Kensington Combining District establishes a gross floor area threshold for all single-family residential properties within its boundary. For the subject property the threshold is 3,000 square feet. The gross floor area of the project is 3,293 square feet. Because the threshold is being exceeded, the project is evaluated for seven required criteria per the Kensington Combining District ordinance. The discussion below demonstrates that the project satisfies all seven of the criteria.
1. Recognizing the rights of property owners to improve the value and enjoyment of their property.
Finding: The project is for the construction of a new single-family residence and detached garage on a vacant lot in the R-6 Single-Family Residential District. Detached single-family dwellings and the accessory structures and uses normally auxiliary to the dwellings are permitted uses in the R-6 district. Except for the variance request for the reduced front yard setbacks, the residence meets all other applicable year yard setback distance requirements for the R-6 District as well as height restrictions for number of stories and measured total height. The detached garage does not exceed the size threshold for accessory buildings. Due to the topography of the lot, findings can be made for granting reduced front yard setbacks for the garage and the adjacent retaining wall. The proposed development will allow the property owners to establish a residence on the lot which has been vacant since the lot was created and provide additional off-street parking on Willamette Avenue.
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 proposed project would have a gross floor area of 3,293 square feet including a 2,794-square-foot residence and a detached 499-square-foot garage. Other lots along the north side of Willamette Avenue in the immediate vicinity are developed with residences ranging in size from 1,700 to 3,500 square feet and have attached and detached garages for off-street parking. The proposed residence would be congruent with adjacent residences that range in size from 2,300 to 2,500 square feet. Of note, the subject property has a larger lot size than the adjacent parcels and thus is afforded a higher gross floor area threshold as a result. The proposed residence utilizes a tiered story design similar to other residences on the north side of Willamette Avenue that have a progressive upward sloped topography in order to not exceed the maximum height allowed. In addition, the residence meets all applicable front, side, and rear yard setback requirements. The detached garage and adjacent retaining wall require variances to the front yard setback requirement. Due to the topographical challenges of lots on Willamette Avenue, granting the variance requests will be consistent with other off-street parking and accessory structures in the vicinity. The design consists of façade material finishes that are common in the Kensington area including wood siding and stucco. Thus, the project as designed is compatible with the neighborhood in terms of bulk, scale, and design.
3. Minimizing impacts upon surrounding neighbors.
Findings: The project involves the construction of a new 2,794-square-foot residence and a 499-square-foot detached garage on a vacant lot that will be in conformance with all applicable development standards for the R-6 District with approval of a variance for reduced front yard setbacks for the garage and the adjacent retaining wall. 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, and residential noise levels. The project is consistent with these values.
• Views: The applicant has previously erected story poles to demonstrate the proposed height of the residence to confirm minimal impacts to the adjacent parcels with regards to protected scenic views. The highest elevation point of the proposed residence is at the 827’9” elevation above sea level contour and the natural grade at the rear property line is at approximately the 830’ elevation above sea level contour. As stated in Section IX above, the proposed location of the residence is also set back approximately 25.5 feet beyond the 20 foot front yard setback minimum distance with regard to the residence on the adjacent lot to the east. Thus, the project will have minimal impact on scenic views to dwellings on adjacent lots located on Garden Drive and Purdue Avenue to the north or other lots on Willamette Avenue.
• Privacy: The proposed residence itself meets all applicable yard setback distance minimum requirements. The location of the proposed residence is set back further on the lot than the adjacent residences on Willamette Avenue and the project plans include elevation drawings showing the outline of the proposed residence as it relates to the location of the existing residences at 245 and 255 Willamette Avenue. In addition, the proposed project, an existing fence is located on the shared property lines to further screen the properties from neighbors.
• Light and Solar Access: The residence and detached garage are to be located in the central portion of the lot that will limit obstruction of light and solar access to existing residences in the immediate vicinity. The residence is under the maximum allowed total height and does not include any design features that will be inconsistent with other lots in the surrounding area with similar topography. No mature trees are to be planted with the project that could potentially restrict access to light and solar.
4. Protecting the value and enjoyment of the neighbors’ property.
Findings: As previously mentioned, the construction of the new residence and detached garage will not significantly block any scenic views of surrounding lots or eliminate privacy or access to sunlight. The project is a new single-family residence that does not include any aspect that would otherwise encourage marginal development or be inconsistent with the General Plan or Ordinance Code. Therefore, in the absence of significant impacts on neighboring parcels with regards to excessive or marginal development, the project will preserve the value and enjoyment of the neighbors’ property.
5. Maintaining the community’s property values.
Findings: As stated above, the project is a new single-family residence that does not include an incompatible land use that would be inconsistent with the General Plan or Ordinance Code or conflict with the surrounding residential community. The proposed residence will not substantially affect scenic views, privacy or solar access for neighboring parcels and does not encourage marginal development that may negatively affect property values. Therefore, the project will maintain the community’s property values.
6. Maximizing the use of existing interior space
Findings: The subject parcel is vacant and this project is for the construction of a new single-family residence and detached garage. Therefore, this criterion does not apply.
7. Promoting the general welfare, public health, and safety.
Findings: The project does not change the land use of the subject property and as described earlier, does not adversely impact surrounding properties. Construction of the single-family residence improves the value of the lot. There are no side or rear yard encroachments and the project is under the maximum height limit. In addition, the project will not use or emit hazardous substances beyond what is normal for a residential property. Based on the foregoing reasons, the project promotes the general welfare, public health, and safety of the Kensington community.
In addition to the discussion above, the proposed exterior materials include a combination of wood siding and decking, stucco as well as exposed concrete for the off-street parking area, all of which are common building materials found in the immediate vicinity as well as the extended Kensington area. The development is limited to the location on the lot as generally shown on the project plans and is compatible with the surrounding area. Thus, the project meets the regulations of the Kensington Combining District.
C. Tree Protection and Preservation Ordinance
The project also includes a tree permit for a code-protected Coast Live Oak tree that was previously removed from the subject lot, based on an Arborist Report prepared by a certified arborist (Tree report for 249-255 Willamette Ave. Kensington, CA Development Plan Number CDDP23-03009; Arborinsights, February 15, 2024) received on February 15, 2024. The certified arborist determined that a tree, approximately 4-12” in diameter, was present on the subject property as recently as 2015. The report also determined that the location of the tree is in the primary development area where the proposed residence is to be located thus the factors for approval of a tree permit pursuant to the County Tree Protection and Preservation Ordinance have been established.
XI. CONCLUSION
The proposed construction of a new single-family residence that has a gross floor area of 3,293 square feet on a vacant lot is consistent with the RM Residential Medium General Plan land use designation, the applicable Land Use Element Policies, and complies with applicable development standards for the R-6 District with approval of a variance for 5-foot and 1-foot front yard setbacks (where 20 feet is the minimum required) for the detached garage and retaining wall, the Kensington Combining District, and Chapter 816-6 Tree Protection and Preservation of the County Ordinance Code. Staff recommends that the County Planning Commission deny the appeal and approve Kensington Design Review Development Plan CDDP23-03009 to construct a new 2,794 square foot single-family residence and 499-square-foot detached garage with a variance of the required front yard setback for the R-6 zoning district and a tree permit for the prior removal of a code-protected Coast Live Oak tree, based on the attached findings and subject to the attached conditions of approval.