PREPARED BY: MEL MACKSON DATE OF MEETING: 06/24/2025
SUBJECT:
TITLE
RESOLUTION APPROVING A MINOR DESIGN REVIEW FOR A NEW TWO-STORY, FOUR UNIT RESIDENTIAL DEVELOPMENT; AN ADMINISTRATIVE USE PERMIT FOR DEVELOPMENT WITHIN 50 FEET OF A CREEK; AND A VARIANCE TO ALLOW CONSTRUCTION OF A BUILDING WITHIN THE 15-FOOT FRONT YARD SETBACK AND A CARPORT AND TRASH ENCLOSURE WITHIN THE 25-FOOT CREEK SETBACK AT 2834 EL PORTAL DRIVE, SAN PABLO, APN: 416-041-014
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15332, In-Fill Development Projects.
Label
Location: 2834 El Portal Drive
APN: 416-041-014
Plan Number: PLAN2410-0012
Zoning: NC - Neighborhood Commercial
CEQA: Exempt under Section 15332, In-Fill Development Projects
Owner: Magdaleno Magana
Applicant: Deilly Echeverri, Sinbordes Design
Staff Contact: Mel Mackson, Assistant Planner
CEQA:
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of Minor Design Review for a new two-story, four-unit multifamily residential development, an Administrative Use Permit for development within 50 feet of a creek, and a Variance to allow for construction of the building within the 15-foot front yard setback, and a carport and trash enclosure within the 25-foot creek setback in the Neighborhood Commercial zoning district.
According to Section 17.18.090 of the San Pablo Zoning Ordinance, Minor Design Review by the Planning Commission, rather than by the Zoning Administrator, is required for multiple family developments with four or fewer units where other approvals are also required by the Planning Commission. In this case, the applicant has also requested an Administrative Use Permit for development within 50 feet of a creek and a Variance to allow for construction of a building within the 15-foot front yard setback, and a carport and trash enclosure within the 25-foot creek setback. Administrative Use Permit provisions to ensure protections for nearby creeks are identified in Section 17.32.030.B.2 and the requirement for a minimum 25-foot setback from top of creekbank is set forth in Figure 17.48-A Creek Setbacks in the Municipal Code. The front yard setback of 15 feet is set forth in Table 17.32-B of the Municipal Code.
The site is currently owned by Magdaleno Magana, and the project is designed by Deilly Echeverri of Sinbordes Design.
Staff recommendation is for Planning Commission to approve the Minor Design Review, Administrative Use Permit, and Variance, subject to the conditions of approval included in the resolution.
Surrounding Zoning and Land Uses:
This parcel is located in the Neighborhood Commercial (NC) zoning district. Surrounding zoning and land uses from the site are as follows:
North: Unincorporated Contra Costa County; Single family homes
South: I - Institutional; St Joseph’s Cemetery
East: NC - Neighborhood Commercial; Parking lot
West: I - Institutional; St Joseph’s Cemetery
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners of properties within a 300-foot radius of the site on June 11, 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 Saturday, June 14, 2025.
SITE LOCATION AND PROJECT DESCRIPTION
The 25,918 square-foot project site is located along El Portal Drive, abutting the northeast corner of the St. Joseph’s Cemetery parcel in the central eastern portion of the City. Surrounding development includes single family homes, a parking lot that serves the adjacent residential and commercial uses, and St. Joseph’s Cemetery (See Attachment B, Site Location).
Along with the application form, the applicant has submitted a Boundary and Topographic Survey; a Biological Habitat Evaluation Report; a Soil and Foundation Investigation Report; a Variance Request Letter; and a detailed plan set including project data, site plan, floor plans, exterior elevations, color/material board, landscape plan, traffic circulation plan, drainage and grading plan, irrigation plan, and planting plan (see Attachments C through F)
The project consists of a total of four (4) apartment units, all of which measure between 993 and 1,056 square feet in size and feature two bedrooms and two bathrooms. The proposed building is two stories, with two units proposed on each level. Eight off-street parking spaces are provided, including one ADA accessible space, with all spaces covered by a carport. A trash enclosure is also provided on the western side of the property.
The subject site consists of a shallow triangular shape running parallel between El Portal Drive and San Pablo Creek. The wider, eastern portion of the site would contain the multi-family structure, and the surface parking would be accessed from a wide driveway along the western, tapered portion of the site, with pull-in perpendicular parking and room for on-site turn-around.
The design of the building will be evocative of American Craftsman style architecture with Hardie plank lap siding featured between the windows. The project would also offer on-site amenities for residents including a fire pit, barbeque grill, outdoor dining table with seating, sandbox, five additional four-foot tables with chairs, a rose arch sitting area overlooking the creek, and eight stucco benches dispersed throughout the property to complement the various amenities.
BACKGROUND
Although there have been previous proposals for development of this site, it has not been previously developed, which is likely due to its irregular shape, topography, and proximity to San Pablo Creek. The site is currently owned by Magdaleno Magana, who acquired the property in March of 2024.
GENERAL PLAN CONFORMANCE
The General Plan designation for the site is Neighborhood Commercial. This designation is intended to implement the commercial land use designation in the general plan by providing small-scale commercial uses that primarily provide convenience, personal services, and social services such as retail and specialty shops, eating and drinking establishments, and commercial recreation. The following General Plan Guiding (G) and Implementing (I) policies apply to this request:
Urban Form:
LU-G-2
Ensure planned land uses are compatible with existing uses and provide for appropriate transitions or buffers for new uses, as needed.
Community Design:
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-I-9: Encourage new residential, commercial and related forms of development in a manner which fosters both day and appropriate night time activity; visual presence on the street level; appropriate lighting; and minimally obstructed view areas.
Residential Neighborhoods:
LU-G-4
Protect and enhance quality of life in the city’s residential neighborhoods.
LU-G-5
Promote a variety of housing types and prices within neighborhoods to serve the economic needs of all segments of the community.
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-15
Promote the development of public spaces that could serve as a neighborhood square or “commons” for the surrounding neighborhood.
LU-I-16
Support residential infill on vacant lots within existing neighborhoods.
Open Space & Conservation:
OSC-G-4: Ensure both access and ecological functionality of the creek system in San Pablo
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 1-1: 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.
The proposed project would be responsive to these policies by developing four new apartment units on a site that will be well-integrated into its surroundings, and in close proximity to amenities, such as the College Center Shopping Plaza, the Community Center, Helms Middle School, San Pablo Avenue, San Pablo Dam Road, and the I-80 on-ramp. As noted above, the project would also offer on-site amenities for its residents to take advantage of its proximity to the Creek.
The Craftsman-style design of the project would be compatible with the surrounding neighborhood. In terms of housing, the project would add new “missing middle” housing options for rent, a housing choice that has not been available in San Pablo in recent years. In addition, the project would provide progress in meeting the City’s Regional Housing Needs Allocation (RHNA) numbers which are to be implemented by the Housing Element during the sixth cycle of 2023 to 2031. According to the City’s most recent RHNA report, the City had developed 179 units out of its 746 allocated units since 2023 (about 24%). There are 567 units remaining to be produced by 2031. The proposed 4 qualifying units would count towards the progress needed for meeting the housing needs allocation for this 6th RHNA cycle.
For the reasons mentioned above, Planning Staff finds that the proposed use is consistent with the San Pablo General Plan land use and housing-related policies.
ZONING CODE CONFORMANCE
The property is in the Neighborhood Commercial (NC) zoning district, and the General Plan land use designation is also Neighborhood Commercial. The Neighborhood Commercial district is described as follows:
Neighborhood Commercial. This designation is intended for small-scale commercial uses that primarily provide convenience, personal services and social services such as retail and specialty shops, eating and drinking establishments, and commercial recreation. It is designed to foster a pedestrian atmosphere along public streets.
Municipal Code Section 17.34.050 states that “Residential dwelling units in a commercial district shall comply with the development standards set forth in Chapter 17.32, Residential Districts, Allowed Uses, and Development Standards, or Section 17.34.040, Development standards, whichever are more restrictive.” For a four-plex residential development, development standards from the R-3 zoning district are more restrictive.
Development standards in the R-3 zoning district are set forth in Table 17.32-B of the Municipal Code. A breakdown of the relevant standards is provided in the table below:
|
DEVELOPMENT STANDARDS FOR THE R-3 ZONING DISTRICT |
|
Standards |
Zoning Code Requires |
Proposed |
Complies? |
|
Minimum parcel area (sf) |
10,000 |
25,918 |
Yes |
|
Maximum building height (feet) |
48 ft |
25 ft 7 in |
Yes |
|
Max Stories |
6 |
2 |
Yes |
|
Density (DU/acre) |
Up to 24 |
6.7 |
Yes |
|
Maximum Lot Coverage |
70% |
27% |
Yes |
|
Open Space (sf) |
300 per unit |
784 per unit |
Yes |
|
Front yard setback (feet) |
15 ft |
Between 1 ft 1 in and 13 ft ¾ in |
No, seeking Variance |
|
Rear yard setback (feet) |
15 |
48.2 |
Yes |
|
Side yard setback (feet) |
5 |
10 |
Yes |
|
Setback adjacent to Creek |
25 ft from top of bank |
Carport: ground level between 5 ft 8 in & 10 ft 6 in; airspace between 9 in & 5 ft 10 in from top of bank. Trash enclosure 7 ft 11 in from top of bank. |
No, seeking Variance |
As identified above, the proposed project would be in conformance with the development standards for the R3 - Multifamily Residential district, with the exception of the front yard setback of 15 feet and encroachments into the required 25 foot from top of bank setback along San Pablo Creek. These areas of encroachment are illustrated on Sheet A-1.0, Proposed Site Plan (page 4 of Attachment D). At the ground level, the carport setback would range from 5 feet 8 inches to 10 feet 6 inches. In the airspace above the ground level, the canopy for the carport would be set back from the creek between 9 inches and 5 feet 10 inches. The trash enclosure would have a top of creek bank setback of 7 feet 11 inches. The apartment building itself has articulation along the front yard and would be set back between 1 foot 1 inch and 13 feet ¾ inch, depending on the angle of the front property line and the points of articulation of the building. The applicant has requested a Variance (discussed below) for these encroachments.
In terms of off-street parking requirements, Section 17.54.020 of the Zoning Code requires that two covered parking spaces be provided for multiple-family residential uses. The project would provide two carport spaces for each residence, for a total of eight spaces, including one ADA accessible space.
MINOR DESIGN REVIEW
The applicant proposes to construct a new two-story residential building comprised of four units. All units would have two bedrooms and one bathroom, and would measure between 993 and 1,056 square feet. The plan set elevations show that the project building height would be just under 25 feet. The residences would be accessed via El Portal Drive, with a walkway leading to the main entrance at the south side of the building, facing San Pablo Creek. An extensive driveway cut off of El Portal Drive would lead to the eight required parking spaces, covered by a carport. The western corner of the parcel would contain the trash enclosure.
The design of the building will include elements of American Craftsman style architecture and would be congruous with the surrounding neighborhood. As shown in the exterior elevations (Attachment D, Sheets CB - A3.1), design elements will include a gabled roof, painted stucco in neutral tones, sections of Hardie plank lap siding between the first and second story windows, composite roof shingles, and walk out balconies with metal railings.
Landscape plans for the project (Attachment D, Sheet L1.0SD - L1.0SD-3) show generous landscaping throughout the site and particularly along the creekside or southern perimeter. A total of 20 trees are proposed to be planted, including red maple, crape myrtle, pomegranate, and flowering trumpet vine. In addition, numerous shrubs, grasses, perennials, and groundcover species will be planted.
Proposed outdoor amenities include a charcoal fire pit, a communal grill, a communal outdoor dining table, a sandbox, a lawn area with buffet tables and stucco benches, five small tables with chairs, a rose arch sitting area overlooking the creek, and space for a potential community garden.
Section 17.18.090(D) of the San Pablo Zoning Ordinance states that the Planning Commission shall ensure that the proposed development meet the following requirements:
1. The proposed project is consistent with the General Plan.
2. The proposed use is in accord with the objective of the zoning ordinance and the purposes of the district in which the site is located.
3. The proposed use is in compliance with each of the applicable provisions of the zoning ordinance, General Plan, and/or applicable specific plan.
4. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
The project’s overall compliance to the San Pablo General Plan and San Pablo Zoning Code are addressed above. Several of the policies within the General Plan 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 surrounding neighborhood by offering a new housing choice in an attractive setting with high-quality design and lifestyle features. The architectural design of the structures and their colors and material would be visually harmonious with the surrounding development patterns and with the natural areas along the San Pablo Creek corridor.
The project would meet the findings necessary for Minor Design Review approval as noted above. It would be consistent with the relevant design guidelines and with the pertinent provisions of the San Pablo General 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.
ADMINISTRATIVE USE PERMIT
Use Permit provisions to ensure protections from nearby creeks are identified in Section 17.32.030.B.2, Uses Allowed:
B. Exceptions. Notwithstanding the provisions of Table 17.32-A, the following provisions apply:
2. Streams. In the absence of any other permit requirement, any development, including land disturbance, that is within fifty feet of any stream shall require an administrative use permit to ensure that the development adequately avoids impacts to wetland features or woodlands, reduces impacts to the creek, and prevents degradation of riparian and wetland features from potential urban pollutants, pursuant to the relevant policies and actions related to creeks within the general plan.
Because the project is within 50 feet of San Pablo Creek, the Zoning Administrator has determined that the project requires an Administrative Use Permit. In addition, because the project has other concurrent discretionary approvals being considered by the Planning Commission, the Zoning Administrator has referred the required Administrative Use Permit to the Planning Commission for consideration.
The Administrative 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 finding for granting of a 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 an Administrative Use Permit. Findings to support the granting of an Administrative Use Permit in this case include the following:
1. The proposed residential use is allowed in the NC - Neighborhood Commercial land use designation of the General Plan.
2. The project complies with the development regulations of the Zoning Code, with the exception of encroachments into the 25-foot setback from the top-of-creekbank and the 15-foot front yard setback required by the Zoning Code. The applicant has requested a Variance to allow these encroachments.
3. The site is physically suited for the type, density, and intensity of the proposed use, with adequate roadway and utility access.
4. The applicant has submitted a Soil and Foundation Investigation Report (Attachment E) stating that the subject site is suitable for the proposed project and setting forth a number of conditions to be adhered to during design and construction to ensure project safety from a geotechnical standpoint. Those conditions are incorporated into the proposed conditions of approval for the project.
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.
6. Granting of the requested Administrative 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.
VARIANCE
As noted above, the applicant has requested a Variance from the 25-foot top of bank setback along San Pablo Creek required in Figure 17.48-A, Creek Setbacks, of the municipal code. The applicant has also requested a Variance from the 15-foot front yard setback. The areas of setback encroachment are illustrated on Sheet A-1.0, Proposed Site Plan (page 4 of Attachment D). Due to the curvature of the creek bank and the irregular, triangular shape of the property, and articulation of the building itself, the extent of the encroachment varies. In addition, the extent of encroachments of the carport varies depending on whether measured from the ground level for the carport supports or from the airspace for the carport canopy. At the ground level, the five footings nearest to the top of the creekbank would be set back between 5 feet 8 inches and 10 feet 6 inches, with an average setback of 7 feet 2 ½ inches. The creek setback for the airspace of the carport canopy would be between 9 inches and 5 feet 10 inches. The trash enclosure would be set back 7 feet 11 inches from the top of creekbank. The building’s encroachment into the 15-foot front yard setback would be variable due to the articulated shape of the front façade of the building. The front yard setback would be between 1 foot 1 inch and 13 feet ¾ inch. Please refer to Attachment D, Sheet A-1.0 for the proposed site plan.
According to Section 17.20.050 of the Zoning Code, the variance process is available to provide relief to applicants where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of the Zoning Code may result from the strict application of its provisions given unique circumstances regarding the particular parcel. In order to grant any Variance, after the conclusion of the public hearing, the Planning Commission shall make a finding of facts showing that the following conditions exist:
1. There are exceptional or extraordinary circumstances or conditions applying to the land or building referred to in the application, including size, shape, topography, location or surroundings, which circumstances or conditions do not apply generally to land, buildings and/or uses in the same district.
2. Because of these exceptional or extraordinary circumstances or conditions, the strict application of this title deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district.
3. The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
4. The granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant 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 Planning Commission may impose such conditions in connection with the Variance as it deems necessary to secure the purposes of the Zoning Code and to ensure that the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same zoning district.
Due to special and unique concerns related to the irregular site configuration and the relative shallowness of the site, these encroachments are requested to allow for the building to encroach into the front yard setback, and the carport and trash enclosure to encroach into the creek setback. Placement of the carport and trash enclosure is constrained by the shape and topography of the parcel and the proximity to the creek, as well as circulation requirements for the parking spaces. Placement of the apartment building itself is also constrained by both the creek setback on its south side and the front yard setback on its north side. These conditions reflect exceptional or extraordinary circumstances which impact the use and developability of the site and are not found in other locations. The requested Variance for the ground level setback of the carport is between 5 feet 8 inches and 10 feet 6 inches, or a 58-77% encroachment into the 25-foot from top of bank creek setback. For the airspace setback for the carport canopy, the requested Variance is between 9 inches and 5 feet 10 inches, or an 81-97% encroachment into the top of bank creek setback. For the trash enclosure the requested Variance is for a setback of 7 feet 11 inches or 69% encroachment into the top of bank creek setback. For the apartment building itself, the requested Variance is between 1 foot 1 inch and 13 feet ¾ inch or 12-93% encroachment into the 15-foot front yard setback.
The applicant believes that the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights, related to their expectation to build on the site to provide housing in accordance with City plans. None of the encroachments would impact the creek or its enjoyment by the public as that the segment of the creek is not currently accessible to the public. According to the Soil and Foundation Investigation Report provided by the applicant, the site is suitable for the proposed 4-unit apartment building, provided the recommendations outlined in the report are incorporated into the design considerations, project plans, and specifications. With respect to the front yard variance, other properties along El Portal in the vicinity of the site are also located within the front yard setback as they are similarly constrained by the shallowness of the lots and the presence of the creek to the rear of their properties. Granting the Variance would not adversely affect the health or safety of persons residing or working in the neighborhood and will not be detrimental to the public or injurious to property or improvements in the neighborhood.
ENVIRONMENTAL DETERMINATION
City staff has 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 for endangered, rare, or threatened species, 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.
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 according to a Biological Habitat Evaluation Report; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services.
According to a Biological Habitat Evaluation Report, no special-status species identified at the site are listed as threatened or endangered at either the federal or state level (see Attachment F).
CONCLUSION
Staff recommends that the Planning Commission approve PC25-10 for a Minor Design Review, an Administrative Use Permit, and a Variance, along with the conditions of approval identified in the attached proposed Resolution (Attachment A). Any changes to the project or proposed changes to the approvals must first be submitted to the City of San Pablo for review.
ATTACHMENTS
A. Resolution PC25-10
B. Site Location
C. Project Application with Variance Request Letter
D. Architectural/Engineering Submittal: Site Plan, Floor Plans, Elevations, Sections, Color/Material board, grading and drainage plan, traffic circulation plan, utility plan, boundary/topographic survey, landscape plan, irrigation plan, and planting plan
E. Soil and Foundation Investigation Report
F. Biological Habitat Evaluation Report
G. Proof of Publication from West County Times