PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 04/22/2025
SUBJECT:
TITLE
RESOLUTION APPROVING REVISIONS TO A PREVIOUSLY APPROVED MIXED-USE PROJECT TO REMOVE THE PROPOSED THIRD STORY, MAKE FLOORPLAN MODIFICATIONS, AND ADD A RESIDENTIAL UNIT TO THE FIRST FLOOR OF A THREE-STORY, 11,541 SQUARE FOOT ADDITION CONTAINING SEVEN MULTI-FAMILY RESIDENTIAL UNITS AND 3,072 SQUARE FEET OF NEW COMMERCIAL SPACE, WITH THE REVISED PROJECT INCLUDING A TOTAL OF 13,828 SQUARE FEET, WITH NINE RESIDENTIAL UNITS AND 5,828 SQUARE FEET OF COMMERCIAL SPACE, AT 1982 - 1988/1992 23RD STREET, SAN PABLO, LOCATED IN THE 23RD STREET SPECIFIC PLAN’S COMMERCIAL MIXED USE DISTRICT (APN 411-190-048).
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15332, In-Fill Development Projects, as it involves development on a site that is five acres or less, is surrounded by urban uses, has no habitat value, is adequately served by all required utilities and public services, would not result in any significant effects on traffic, noise or air quality, and would be consistent with general plan and zoning regulations. Furthermore, the project is consistent with the General Plan and zoning designations of Commercial Mixed Use, development of which were evaluated as part of the Environmental Impact Reports for the San Pablo General Plan and Mitigated Negative Declaration for the 23rd Street Specific Plan, prepared in 2011 and 2007, respectively. Pursuant to CEQA Guidelines Section 15168, none of the CEQA Guidelines Section 15162 factors requiring additional environmental documentation for the project are present.
Label
Location: 1982 - 1988/1992 23rd Street
APN: 411-190-048
Zoning: SP-1, Commercial Mixed-Use
CEQA: Exempt under Section 15332. In-Fill Development Project
Owner: Cesar and Samuel Martinez
Applicant: Breakform Design, Architect
Staff Contact: Griffen Dempsey, Assistant Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
Adopt resolution approving Revisions to Approved Plans under PLAN2503-0007, to allow changes to a previously approved mixed-use project, approved by Resolution PC22-07 on October 25th, 2022. The original approval was for a Major Design Review and a Conditional Use Permit under PLAN2110-0001 to allow for the addition of 11,591 square-foot addition containing seven new residential units and 3,072 square feet of new commercial space to an existing mixed-use building containing two residential units and 2,500 square feet of retail grocery use, in the SP-1, 23rd Street Specific Plan, Commercial Mixed-Use district. The previously approved project included a 17,591-square foot building with a total of 9 residential units and 5,572 square feet of commercial space with 19 off-street parking spaces. The newly revised plans would remove the third floor of the project and add a unit to the first floor, replacing two previously proposed covered parking spaces, as well as making minor adjustments to the floor plan, increasing the total commercial square footage and decreasing the total number of bedrooms. The new project would include a total of 13,828 square feet, 10,451 of which would be newly constructed, with 9 residential units, 7 of which would be new, and 5,828 square feet of commercial space, of which 3,402 square feet would be new, with 22 parking spaces, including 17 off-street parking spaces.
According to San Pablo Zoning Ordinance section 17.16.110, any person holding a permit may request a modification or amendment to that permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval.
(https://ecode360.com/45741629#45741684 <https://ecode360.com/45741629>).
Staff recommendation is for approval of the Revisions to Approved Plans subject to the conditions of approval included in the resolution. No changes to the Conditional Use Permit are necessary since the proposed use types will not change.
Surrounding Zoning and Land Uses:
The project site is within the 23rd Street Specific Plan (SP-1) and is designated Commercial Mixed Use. The site consists of a two-story building containing a grocery store on the ground floor and two apartment units above, with parking in the rear, as well as an adjoining empty lot. 23rd Street consists primarily of commercial uses, with some commercial mixed-use and multi-family residential developments. There is a two-story commercial mixed-use building located across the street from the subject property (2001 23rd Street), as well as multiple vacant lots and a one-story commercial structure. Directly north of the subject property, there is a two-story multi-family apartment building, and a one-story commercial building is directly to the south.
Nearby commercial uses along San Pablo Avenue include a variety of retail and personal service uses. Surrounding zoning and land uses include:
North: SP-1, Commercial Mixed-Use - Multifamily Residential
South: SP-1, Commercial Mixed-Use - Flower Shop
East: CMU, Commercial Mixed-Use - Single-Family, Two-Family, and Multi-Family Residential (one and two- story)
West: SP-1, Commercial Mixed-Use - Vacant fire-damaged storefront, vacant parcels
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on April 9, 2025. In addition, a Public Hearing Notice was published in the West County Times newspaper (West Contra Costa edition of the East Bay Times) on April 12, 2025.
SITE LOCATION AND PROJECT DESCRIPTION
The 20,300 square-foot project site is in a Commercial Mixed-Use district within the 23rd Street Specific Plan. The site is located in central San Pablo, on the east side of 23rd Street between University Avenue and Dover Avenue. The site fronts 23rd Street and is across the street from the existing commercial building that is currently vacant due to fire damage, and previously contained a party supply store. A multifamily building sits to the north, and a commercial building containing a flower shop is to the south. The east side of the property backs up against several single-family homes and small multifamily buildings.
The proposed project has been modified from the previously approved plans (PC22-07). The modified project would consist of the expansion of the existing La Loma grocery store and apartments to create a 13,828 square foot two-story mixed-use building with a total of nine residential units and 5,828 square feet of commercial space that would front on 23rd Street, with 10 surface parking spaces and 7 covered parking spaces in the rear of the property and use of 5 on-street parking spaces along 23rd Street. Bicycle parking would be provided along the north side of the existing building. Vehicle access to the rear parking would be provided via two driveways extending off 23rd Street, with one-way traffic flow through the rear surface parking area. Additionally, a trash enclosure is proposed in the rear of the property with garbage truck loading access. There would be two landscaped areas along the sides of the property, as well as a sidewalk bulb-out with crepe myrtle trees to replace an existing bulb-out with two palm trees that is to be removed for the project.
The revised project proposal includes seven new dwelling units of varying sizes, in addition to the two existing dwelling units. The first level will contain one 600-square foot ADA-accessible one-bedroom unit, while the second level will contain six units, consisting of four one-bedroom, one-bath units ranging in size between 491 and 595 square feet, and two two-bedroom, two-bath units that will be 802 and 845 square feet. All units are provided with a kitchen, one or two full bathrooms, one or two bedrooms, living space, and private balcony or patio. The ground floor unit contains its own laundry facility, while the six second-floor units will share a washer and dryer in a separate laundry room located on the second level. Two staircases from the rear surface parking area provide access to a hallway connecting the six second-story units and the laundry room. A 3,493 square foot roof deck common area is accessible from the two staircases.
BACKGROUND
San Pablo records show that the vacant areas on the southern portion of the site have been vacant since at least 2003. A single-story commercial building previously existed on this portion of the site. The existing mixed-use building containing a meat and produce market and two residential units, which is proposed to be expanded, has existed since 1946. It has undergone multiple alterations and expansions, and City records indicate that the current structure was originally two separate commercial buildings that were combined sometime between 1987 and 1997.
The proposed project on this site to expand the existing mixed-use structure with a new mixed-use addition was originally submitted in 2022, and entitlements for Major Design Review and a Conditional Use Permit were approved on October 25th, 2022 under Resolution PC22-07. A plan check submittal was received in 2023 and extended in 2024. During this period, the project applicant completed a lot merger of the three parcels on which the project was originally proposed, which are now combined into a single parcel, APN 411-190-048. A proposal for a mural on the side of the building in compliance with the City’s Art in Public Places Ordinance was approved by Planning Commission on May 28, 2024 but has yet to be considered by the City Council for final approval. The proposed project involves changes to the plans approved under Resolution PC22-07.
CHANGES TO APPROVED PLANS
According to Section 17.16.110 of the San Pablo Zoning Code, any person holding a permit may request a modification or amendment to that permit. A modification of a permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit. A permit modification may be granted only when the approving authority makes all findings required for the original approval.
In the case of the proposed project, the modification consists of changes to the design of the previously approved project. The proposed revisions include the removal of the third-floor penthouse and elevator, the expansion of the third-floor roof deck common area, the addition of an ADA-accessible unit on the ground floor, the removal of two covered parking spaces on the ground floor, and the expansion of the proposed carport. According to the applicant, these changes were made to ensure the financial feasibility of the project in the face of rising construction costs. The new proposal reduces the total building square footage from 17,591 square feet to 13,828 square feet. The commercial square footage within the addition area is increased from 3,072 square feet to 3,402 square feet. The total number of new units remains the same, but while previous plans proposed to construct one 3-bedroom unit, 4 two-bedroom units, and 2 one-bedroom units, the revised plans propose two 2-bedroom units and 5 one-bedroom units. (Note that these figures do not include the two existing units on site). Additionally, the revised plans reduce the total parking count by two spaces, and the total number of covered parking spaces by one space; however, the newly revised project would still meet off-street parking requirements due to the lower overall bedroom count. The total square footage of common open space is proposed to increase from 1,050 square feet to 3,493 square feet.
The revised project includes changes to modify or remove conditions of approval and elements of the design review that have already been met or are no longer applicable. For example, the condition that the applicant must complete a lot merger of the three parcels on which the original project was proposed has been removed because the merger was completed and the project site now consists of a single parcel. Additionally, the tree removal permit to reflect that certain trees on the site have been removed and to identify the two street trees proposed for removal and replacement. These tree replacements will be required prior to completion of the project.
GENERAL PLAN CONFORMANCE
The General Plan designation for the site is Commercial Mixed Use. The following relevant General Plan Goals, Policies, and Programs pertain to the project:
Land Use Guiding Policies:
LU-G-2- Ensure planned land uses are compatible with existing uses and provide for appropriate transitions or buffers for new uses, as needed.
LU-G-3- Preserve and strengthen the City’s overall image and create a safe, walkable and attractive urban environment for the current and future generations of residents.
LU-G-5- Promote a variety of housing types and prices within neighborhoods to serve the economic needs of all segments of the community.
Land Use Implementing Policies:
LU-I-13-Ensure that new development in or adjacent to established neighborhoods is compatible in scale and character with the surrounding area by:
• Promoting a transition in scale and architecture character between new buildings and established neighborhoods; and
• Requiring pedestrian circulation and vehicular routes to be well integrated.
LU-I-14- Support housing that offers residents a range of amenities, including public and private open space, landscaping, and recreation facilities with direct access to commercial services, public transit, and community gathering spaces.
LU-I-16- Support residential infill on vacant lots within existing neighborhoods.
The following relevant Housing Element Goals, Policies, and Programs pertain to the project:
Housing Goal #1 Increase housing supply and facilitate production of at least 800 new homes by 2031.
Policy 1-2 Promote development of a variety of housing types, sizes, and densities that meet community needs based on the suitability of the land, including the availability of infrastructure, the provision of adequate services and recognition of environmental constraints.
Policy 1-4 Promote mixed use developments with a residential component in San Pablo's Priority Development Areas (PDAs) and locate higher density residential development in proximity to employment, shopping, transit, recreation, and other services.
Housing Goal #2. Take action to address affordability and housing security for all income groups and family types in San Pablo
Policy 2-3 Continue to encourage the development of housing that meets the needs of large households.
Housing Goal #4. Enhanced quality of existing residential neighborhoods in San Pablo, through maintenance and preservation, while minimizing displacement impacts.
Policy 4-7 CPTED. Continue the Police Department’s participation in the review of building plans or all major subdivisions to ensure that subdivisions are planned to promote safe environments and prevent crime.
The proposed project would be responsive to these policies by developing two adjacent vacant lots and one developed lot with a small-scale infill mixed-use development. The proposed project will contribute to the housing supply in San Pablo and will be consistent with the intent of the 23rd Street Specific Plan of providing a pedestrian-oriented walkable and harmonious environment and will support the preservation and enhancement of the 23rd Street corridor as a mixed-use thoroughfare.
23rd STREET SPECIFIC PLAN CONFORMANCE
The site is zoned Commercial Mixed-Use within the 23rd Street Specific Plan. This Specific Plan provides a long-term strategy to revitalize and increase the development potential of a major commercial corridor in the City of San Pablo. According to the Plan, the 23rd Street corridor has the potential to become a vibrant community hub for residents, with improved access to parks and public open space, a safe environment for walking and biking, and an active street life with cultural amenities. The strategy utilizes several of the City’s available tools to facilitate the development of a well-organized, clearly identifiable and economi-cally viable mixed-use corridor.
Relevant policies contained with the 23rd Street Specific Plan include the following:
Goal LU-1: A land use mix that encourages pedestrian activity and a lively mixed use corridor.
Policy LU-1.1: Allow for a mixture of retail shops, office and residential uses that complement one another and contribute to an active pedestrian environment.
Goal LU-2: A land use mix that contributes to an increase in housing op-portunities and jobs and fosters a more viable economy.
Policy LU-2.1: Encourage mixed-use development in the Plan Area that provides residential uses affordable to residents of different incomes.
Goal UD-1: Physical development that is designed to facilitate a safe and active pedestrian environment.
Goal CIR-2: Adequate parking that does not compromise the creation of a pedestrian-friendly environment on 23rd Street.
Policy CIR-2.1: Encourage development that provides parking areas behind buildings.
Goal ED-2: New jobs and housing opportunities in the Plan Area.
Policy ED-2.1: Encourage mixed-use developments that provide a range of housing opportunities for residents of varying incomes.
The proposed project would be responsive to the Specific Plan policies by expanding the mixed-use vision of the corridor. The proposal strengthens the presence of pedestrian-scale commercial storefronts along 23rd Street while also providing a vibrant new “middle housing” development that will contribute to the housing needs in the City. The proposed project also provides adequate parking behind the building and is designed according to the Specific Plan guidelines.
ZONING CONFORMANCE
The property is in the SP-1 Commercial Mixed Use district (23rd Street Specific Plan) and the General Plan land use designation is Commercial Mixed Use.
According to the 23rd Street Specific Plan: “The purpose of this land use designation is to provide neighborhood-serving retail use together with residential use that is primarily on upper levels. Office use and stand alone residential uses are also allowed.”
Development standards in the Commercial Mixed Use district are set forth in Chapters 5 and 6 of the 23rd Street Specific Plan. A breakdown of the relevant standards is provided in the table below:
|
DEVELOPMENT STANDARDS FOR SP-1 CMU DISTRICT |
|
Standards |
Specific Plan Requires |
Proposed |
Complies? |
|
Minimum parcel area (sq. ft.) |
N/A |
20,300 sq. ft. |
N/A |
|
Minimum commercial building depth |
30 ft. |
62 ft. |
YES |
|
Maximum building height (feet) |
50 ft. |
35 ft.6 in. |
YES |
|
Maximum Stories |
4 stories |
2 stories |
YES |
|
Floor Area Ratio |
2.5 max |
0.7 |
YES |
|
Density (DU/acre) |
30-55 DU/acre (14-25 units) |
9 units |
CUP required |
|
Front yard setback (feet) |
0 ft. |
0 ft. |
YES |
|
Rear yard setback (feet) |
10 ft. min (abutting residential) |
42 ft. |
YES |
|
Side yard setbacks (feet) |
0 ft. |
25 ft. |
YES |
|
Private Open Space |
60 sf/unit (420sf total) |
420sf |
YES |
|
Common Open Space |
150sf/unit (1,050sf total) |
3,493sf |
YES |
Off-street parking requirements are contained in Section 8 of Chapter 6 of the 23rd Street Specific Plan. This section states that requirements for renovation, enlargements or use changes apply only to net new floor area and/or the incremental increase in parking demand that accompanies a higher intensity use. In addition, on-street parking may be counted toward the parking requirement.
The existing site contains six parking spaces for the two residential units and 2,426 square feet of commercial space on site. These spaces are to remain with the addition.
The commercial parking requirement is one space for every 500 square feet, as the 23rd Street Specific Plan allows this ratio for projects where commercial parking spaces will be accessible to the general public. For multi-family apartments, the parking requirement is for one space for each studio or one-bedroom unit and 1.5 spaces for units with two or more bedrooms. At least one space per unit shall be covered. The project would add 3,402 square feet of new commercial space, which would require seven spaces. The added residential units would require an additional eight spaces, for a total of 15 spaces, seven of which are required to be covered. A total of five on-street spaces would count towards the project, so that the on-site requirement would be for 10 new spaces, in addition to the six existing spaces. The project proposes seven new covered parking spaces and four new uncovered spaces, in addition to the five on-street spaces and six existing uncovered spaces, for a total of 22 spaces.
The project would continue to meet the parking requirements for the proposed expansion as set forth in the 23rd Street Specific Plan, which limits parking requirements to expansion areas only. Ongoing parking demand that may be generated by the existing use (two studio dwelling units and 3,370 square feet of commercial space) would continue to be met through the six pre-existing off-street parking spaces on the site.
MAJOR DESIGN REVIEW
Section 17.20.030(C) of the San Pablo Zoning Ordinance states that the Planning Commission shall ensure that the proposed development meet the following requirements:
1. Design Guidelines. The proposal is consistent with applicable design guidelines.
2. Community Plans. The proposal is consistent with any community design plan or specific plan.
3. General Plan. The proposal is consistent with the land use, physical design, and economic development element and the open space element of the general plan.
4. Location and Design. The location and design of proposed development gives particular consideration to privacy, views, and sunlight on adjoining properties and fosters the orderly and harmonious development and preservation of the public health and welfare of the city and its neighborhoods.
5. Design and Colors. The architectural design of structures and their colors and materials are visually harmonious with surrounding development, landforms, and vegetation.
The project’s overall compliance with the San Pablo General Plan, 23rd Street Specific Plan, and Zoning Ordinance are addressed above. Several of the policies within these plans are aimed at fostering the orderly and harmonious development and preservation of the public health and welfare of the City and its neighborhoods. The project would fit well within the 23rd Street Specific Plan by offering a new market-rate rental housing choice in an attractive setting with good-quality design and lifestyle features. It also expands an existing neighborhood-serving business while extending the retail street wall along 23rd with a new retail space. The distinctive architectural design of the structure, the strong color palette, and proposed materials to be used would be visually harmonious with the surrounding development patterns.
The 23rd Street Specific Plan contains design guidelines in Chapter 7 which are intended to serve as recommendations to guide development projects in the design review process. Below is a discussion of the guidelines that are most pertinent to this development:
Setbacks from the Street- There shall be a building along at least 70 percent of the front property line.
Building Facades- Building facades are the physical “face” of a building and the individual physical aspects that comprise it. Building facades have a significant effect on the physical character of streets and pedestrian spaces. The many elements that make up a building façade should be considered individually and with respect to one another.
Articulation Guidelines- Buildings should have architecturally articulated storefronts. Window treatments, awnings and public entries should be designed to promote active use of ground floor businesses.
Building Materials- Building materials will also play a role in distinguishing 23rd Street aesthetically. The colors, textures and decorative elements that make up buildings help to dictate the physical character of urban corridors. Utilizing a variety of materials will guard against a monotonous vehicular and pedestrian experience.
Variety Guidelines- A variety of durable building materials, with distinctive colors and textures, is encouraged on 23rd Street. New construction should include bright colors, as well as materials such as ceramic tiles, that reflect existing commercial development.
As shown in the building elevations and sections, the proposed project is designed in a contextual contemporary style and is articulated both vertically and horizontally. Two different façade colors and materials break up the horizontal massing of the project. Three separate commercial space entrances, each flanked by two windows and treated with a different color and material, create an articulated appearance, enhancing the pedestrian experience. On the second story, projected living spaces are broken up with recessed balconies, and given visual interest with a curved design. The roof deck provides ample amenity space to the residents.
Also covered in the Design Review approval are the tree removal aspects of the project, as set forth in Section 17.48.120.E.2 of the Zoning Ordinance, which requires approval when there is removal of four or more trees. Development of the project required the removal of one large, seven medium, and three small trees along the perimeter and center of the site and the replacement of two mature palm trees into a new street bulb-out in order to accommodate a relocated driveway. Other eligible medium to large trees would be replaced as part of the proposed landscape plan, which proposes eight Lagerstromia Tuscarora (Hybrid Crape Myrtle) trees to be located onsite. However, C3 requirements will limit the number of trees that can be located on site due to bio-retention requirements. These areas will be planted with a variety of native and other drought-resistant species that are consistent with stormwater drainage requirements. All on-site trees were removed under the original design review tree removal permit; the street trees have yet to be removed and replaced.
The project would meet the findings necessary for Major Design Review approval. It would be consistent with the relevant design guidelines and with the pertinent provisions of the San Pablo General Plan and 23rd Street Specific Plan. The design is such that it would protect the privacy, views and sunlight of adjoining properties and would foster the orderly and harmonious development and preservation of the public health and welfare of the City and its neighborhoods.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
The San Pablo Police Department has begun to prepare Crime Prevention Through Environmental Design (CPTED) reviews for all significant project plans to aid applicants in addressing public safety concerns at the planning stage, prior to any operational concerns. CPTED is a multidisciplinary approach to deterring criminal behavior throughout the community. The purpose is for designers, planners, architects, and others (including law enforcement) to create communities that are free of crime, violence, blight, and the fear of crime, and/or to take steps during the development phase of properties to reduce crime.
A CPTED study was been prepared for the original submittal of this project and is included as Attachment E. As the exterior of the project, particularly the street-facing portions, remains unchanged from the original approved plans, this CPTED study remains applicable to the new design. Several of the recommendations in the report are included as conditions of approval in the attached Resolution.
CONDITIONAL USE PERMIT
A Conditional Use Permit (CUP) was issued as part of the original approval under PC22-07 on October 25th, 2022. The revisions to the previously approved plans do not alter the pre-existing CUP, but the same findings must be made. The rationale and findings for this CUP are listed below:
Chapter 6 of the 23rd Street Specific Plan states that residential density within the plan should be as follows:
A. Minimum density of 30 dwelling units per acre and a maximum density of 55 units per acre. Density shall be calculated on a project-wide basis.
B. Where unique site constraints prevent this density, and in locations where the Planning Commission finds that providing residential at a higher density would have a detrimental effect on existing adjacent residential and or commercial uses, residential development may occur at a minimum density of 15 dwelling units per acre, subject to the granting of a Conditional Use Permit.
Because the project proposes a density of 19.15 dwelling units per acre (with a project site of 0.47 acres and a total of nine dwelling units, the Zoning Administrator has determined that the project is subject to a Conditional Use Permit, per this provision. The Use Permit process is set forth in Section 17.18.080 and 17.20.040 of the Zoning Code. Section 17.20.040.B identifies the following necessary findings for granting of a Conditional Use Permit by the Planning Commission:
Findings. In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance, or operation of the use of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.
Based upon the planning and zoning conformance analysis contained in this staff report, the project appears to meet the required findings to support a Conditional Use Permit. Specific findings to support the granting of a Conditional Use Permit in this case include the following:
1. The proposed mixed-use Project is allowed by right in the SP-1 - 23rd Street Specific Plan area.
2. The project complies with the development regulations of the Zoning Code and 23rd Street Specific Plan, with the exception of the density requirement, which may be reduced with the granting of a Conditional Use Permit.
3. The site is physically suited for the type, density, and intensity of the proposed use, with adequate roadway and utility access and the absence of any physical constraints to the development.
4. The site has multiple constraints that would prevent the development of a higher density of housing units. The preservation of the existing neighborhood-serving market and two apartment units on site limits the area that can be used for new construction. Parking requirements and landscaping and bioretention requirements further reduce the buildable area of the site. To meet the parking requirements for additional units, structured parking would be required, which would be prohibitively costly for a project of this scale.
5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. The site has long been planned for redevelopment with high-density residential development.
6. Granting of the requested Conditional Use Permit will not materially adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. The site fits well into the context of its surrounding and would not create a visual or safety impediment to any surrounding uses.
LOT MERGER
Development of the project required a Voluntary Merger of adjoining lots per Chapter 16.26 of the Municipal Code. This merger was approved by the Planning Manager per Section 16.26.030 under PLAN2209-0005 and was recorded on April 18, 2024.
ENVIRONMENTAL DOCUMENTATION
City staff determined that the proposed project would be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines pursuant to Section 15332, In-Fill Development Projects, as it involves development on a site that is five acres or less, is surrounded by urban uses, has no habitat value, is adequately served by all required utilities and public services, would not result in any significant effects on traffic, noise or air quality, and would be consistent with general plan and zoning regulations.
The proposed revisions to the approved project do not change the Environmental Determination or previous analysis completed for the project. Pursuant to CEQA Guidelines Section 15332, City staff analysis shows that (a) the project is consistent with the applicable general plan, specific plan, and zoning designations, policies, and regulations; (b) the project occurs within City limits on a site that is less than five acres which is substantially surrounded by urban uses; (c) the project is located on a site that has no value as habitat for endangered, rare, or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality in that it would involve the addition of just seven apartments and 4,462 square feet of commercial space in an already developed area; and (e) the site can be adequately served by all required utilities and public services.
Using standard Institute of Transportation Engineers (ITE) trip generation rates, added peak hour traffic generated by the project would be less than 10 vehicle trips, and would not result in significant noise or other impacts. Furthermore, development of the site as Commercial Mixed Use was evaluated as part of the Initial Study/Mitigated Negative Declaration prepared for the 23rd Street Specific Plan and adopted in 2007.
CONCLUSION
Staff recommends approval of Revisions to Approved Plans for changes to a previously approved mixed-use project, approved by Resolution PC22-07 on October 25th, 2022, and a finding that the project is exempt from CEQA guidelines pursuant to Section 15332, In-fill Development Projects. The previous approval was for a Major Design Review and Conditional Use Permit; the modified conditions of approval are identified in the attached proposed Resolution (Attachment A). Any further changes to the approvals must be submitted to the City of San Pablo for review.
ATTACHMENTS
A. Resolution PC25-06
B. Previously approved Resolution PC22-07
C. Site Location
D. Planning Application
E. Revised Planning Submittal: Photographs, Site Plan, Floor Plans, Elevations, Renderings, Details/Materials, and Landscape Plan
F. Previously Approved Plan Set
G. 1982-1988 23rd Street CPTED Review
H. Proof of Publication from West County Times