PREPARED BY: GRIFFEN DEMPSEY DATE OF MEETING: 10/29/24
SUBJECT:
TITLE
RESOLUTION APPROVING MINOR DESIGN REVIEW FOR AN EXISTING SINGLE-FAMILY RESIDENCE AND ACCESSORY STRUCTURES AND A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE EXCEEDING THE MAXIMUM FLOOR AREA AND HEIGHT MEASUREMENTS LOCATED IN THE R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT, ALONG WITH A FINDING THAT THE PROJECT IS EXEMPT UNDER CEQA GUIDELINES SECTION 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES, AT 1655 HILLCREST ROAD, SAN PABLO, APN: 419-040-016
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15303, New Construction or Conversion of Small Structures, as it involves construction and location of a limited number of new, small facilities or structures, such as a single-family residence and accessory structures. Furthermore, the project is consistent with the General Plan designation of Low-Density Residential and the zoning designations of R-1, Single-Family Residential, development of which were evaluated as part of the Environmental Impact Reports for the San Pablo General Plan, prepared in 2011. 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: 1655 Hillcrest Road
APN: 419-040-016
Zoning: R-1, Single-Family Residential
CEQA: Exempt under Section 15303
Owner: David Dorji Roberts
Applicant: Dorji Roberts
Agent for Applicant: Daniel Williams
Staff Contact: Griffen Dempsey, Assistant Planner
Recommendation
Conduct public hearing; adopt Resolution
Body
REQUESTED ACTION
A request for approval of Minor Design Review for an existing single-family home and accessory structures and a Conditional Use Permit to allow for an accessory structure exceeding the maximum floor area and height measurements. The buildings are located at 1655 Hillcrest Road, APN 419-040-016. The parcel is designated Low-Density Residential in the San Pablo General Plan and it is zoned R-1, Single-Family Residential.
Surrounding Zoning and Land Uses:
The subject parcel is located in the R-1, Single-Family Residential zoning district. Surrounding zoning and land uses from the site are as follows:
North: R-1, Single-Family Residential (single-family home)
South: R-1, Single-Family Residential (undeveloped)
East: R-6, Single-Family Residential (single-family homes, jurisdiction of Contra Costa County)
West: R-1, Singe-Family Residential (undeveloped)
PUBLIC HEARING NOTICE
Notices regarding this public hearing were mailed to owners and residents of properties within a 300-foot radius of the site on October 16th 2024. 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, October 19th, 2024.
SITE LOCATION AND PROJECT DESCRIPTION
The project site is located on the eastern edge of San Pablo along Hillcrest Road across from the boundary between the City and an unincorporated area under the jurisdiction of Contra Costa County. The site is located in a hillside area characterized by large, undeveloped parcels and steep slopes, as well as a mix of older suburban single-family homes. The existing single-family house and accessory structures are located roughly in the center of the 1.05-acre parcel, and are not clearly visible from any public right-of-way due to the downhill slope of the site and the vegetation and fencing along the eastern edge of the property.
The proposed project would consist of the reconfiguration and legalization of several existing structures on the site, including a single-family dwelling with attached carport and three accessory structures. The existing residence is a 404-square foot one-story single-family home, and the applicant is proposing to attach a new 900-square foot carport structure to provide two covered parking spaces and screening for an existing shipping container used for storage. The existing site also contains a total of ten other accessory structures throughout the 1.05-acre parcel. Three of the existing accessory structures would remain on the site as part of the proposed plans, including a 364-square foot greenhouse and two small storage structures, described as “tiki huts” on the plan set, consisting of 73 and 84 square feet, respectively. The other seven existing accessory structures are proposed to be removed as part of the project scope. Connections to sewer, water, and electrical utilities are proposed as part of the project.
Along with the application form, the applicant has submitted a detailed plan set including site plan, floor plans, renderings, elevations, and photos of the existing site conditions.
BACKGROUND
The property at 1655 Hillcrest road has historically been an undeveloped hillside site. In 2005, the Planning division approved a proposal for a single-family home on the property; this structure was never built. In the intervening years, a number of unpermitted structures and improvements have been constructed on the site without permits, including the existing primary residence and a number of accessory structures.
In August of 2019, the building and grounds were inspected by the Code Enforcement division of the City of San Pablo and a notice to abate substandard buildings and conditions was subsequently issued. An Investigation Inspection was performed in September of 2023 in response to this notice, and multiple unpermitted structures and uses were identified on the site.
In October of 2023, the owner of the property initiated the Planning review process to begin to bring the existing structures and improvements into substantial compliance with the Zoning code and building codes. This proposal would provide the applicant with the necessary permits and allow the buildings on the site to be legalized.
GENERAL PLAN CONFORMANCE
The General Plan designation for the site is Low-Density Residential. This designation is intended for single family detached residential development. The proposed project of a single-family home with accessory structures is a use that would be harmonious with the designation of the General Plan. The following General Plan Guiding (G) and Implementing (I) policies apply to this request:
Guiding Policy for Land Use & Physical Design
LU-G-1 Promote a sustainable balanced land use pattern that responds to existing and future needs of the City, as well as physical and natural constraints.
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-4 Protect and enhance the quality of life in the city’s residential neighborhoods.
Implementing Policies:
LU-I-3 Ensure that land use development occurs in an orderly fashion and in pace with the expansion of public services and utilities.
LU-I-16 Support residential infill development on vacant lots within existing
neighborhoods.
The proposed project would be responsive to these policies by bringing an unpermitted development into compliance with the design standards and development regulations of the Municipal Code, while promoting the sensitive and low-impact development of undeveloped hillside properties. The project would fit well into its surroundings and would provide for the orderly development of a large hillside parcel. It would allow for the existing residents to continue living on their property while bringing utilities and safety standards to the property, all the while ensuring that the structures and uses do not negatively impact surrounding properties or the general public.
ZONING CODE CONFORMANCE
The property is in the R-1, Single-Family Residential district and the General Plan land use designation is Low Density Residential. The Single-Family Residential District is described as follows:
R-1 District. The R-1 single-family residential district is intended to implement the single-family residential land use designation in the general plan by providing opportunities for single-family homes on individual parcels. The maximum density ordinarily allowable in this district is twelve dwelling units per acre. Accessory dwelling units and accessory uses are allowed.
Development standards in the Single-Family Residential area are set forth in Table 417.32-B. A breakdown of the relevant standards is provided in the table below:
|
DEVELOPMENT STANDARDS FOR SP-2 REGIONAL COMMERCIAL DISTRICT |
|
Standards |
SP/Zoning Code Requires |
Proposed |
Complies? |
|
Parcel Area, min |
5,000 sq. ft. |
52,272 sq. ft. |
Yes |
|
Max Lot Coverage |
45% |
6% |
Yes |
|
Front Setback |
20ft |
82ft |
Yes |
|
Side Yard Setback |
4ft |
62ft |
Yes |
|
Rear Setback |
15ft |
60ft |
Yes |
|
Maximum building height (feet) |
20ft at eave, 27ft at roof peak |
15ft 8in |
Yes |
|
Max Stories |
2 |
1 |
Yes |
|
Max Accessory Structure Height |
12ft |
13ft 8in |
No; CUP required |
|
Max Accessory Structure Floor Area |
No more than 50% of primary structure floor area |
128% of primary structure floor area |
No; CUP required |
As identified above, the proposed project would be in conformance with the applicable development standards for the R-1, Single-Family Residential District, as contained within San Pablo Zoning Code Section 17.32.040, and the development standards for accessory structures, contained within Zoning Code Section 17.42.040, with the exception of the maximum height and floor area for accessory structures, which can each be modified through a Conditional Use Permit. The proposal is a small single-family home with accessory structures on a large, otherwise undeveloped site. The structures otherwise are well within all development standards applicable, and are small and unobtrusive to the surrounding area.
Parking Compliance:
The scope of the proposed development includes on single-family home with accessory structures. Section 17.54.020 of the San Pablo Zoning Code enumerates off-street parking requirements for residential land uses. According to this section, single-family dwellings on a lot with a width of at least fifty feet must provide at least two enclosed parking spaces. If the parking spaces are on the rear of the property, they may be either in a garage or carport. The proposed development includes two covered carport spaces in the rear of the property, far from the main driveway entrance and behind the single-family dwelling.
MINOR DESIGN REVIEW
The applicant proposes a 404-square foot single-family home with a 900-square foot carport and three accessory structures of 73, 84, and 364 square feet at 1655 Hillcrest Drive. According to the site plans submitted by the applicant (Attachment D), the buildings will be located at approximately the center of the 52,272-square foot lot, accessible from a private driveway off of Hillcrest Drive. Section 17.18.090(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 and Zoning Ordinance 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 Low-Density Residential land use designation as it proposes a low-density, low-impact home with accessory structures to complement its function in a sensitive hillside are surrounded by single-family homes. The architectural design of the structure, the colors, and proposed materials to be used would be visually harmonious with the surrounding development patterns.
As depicted in the elevations and photographs submitted as part of the Design Review application included in Attachment D, the existing buildings on the site are constructed in a rustic vernacular style. The primary residence is composed of a simple cabin-like form and clad with wood-shingle siding, reflecting traditional architectural styles found throughout the East Bay. Two small dormers add expression to the façade, and an asymmetrical wing is proposed to house the kitchen area of the home. A large carport awning is also proposed to be attached to the home, providing covered parking for two vehicles and screening a shipping container that is pre-existing on the site and sued for storage purposes. The awning is proposed to be constructed with simple metal materials and is functional in its design. Several accessory structures are also proposed on the site, including two small open cabana-like structures built in a “tiki” style with thatched roofs. The largest accessory structure is a 364-square foot greenhouse, which is built in a similar rustic style, with prominent wood beams, French doors, and transom windows. The structure includes a large overhang around all sides with large wooden beams angled out over the sides, lending more presence to the structure. Overall, the design of the structures reflects local materials and architectural traditions, bringing forward wood and glassin the construction and creating a quaint, cottage-like atmosphere. The structures are also not visible from any public right-of-way or vantage point, and blend well into their natural surroundings in the undeveloped hillside area in which they are situated.
The San Pablo Zoning Code does not require any particular architectural style, but does identify a variety of architectural design guidelines that are being applied to the project. Below is a discussion of the guidelines that are most pertinent to this development:
Neighborhood Compatibility- The proposed single-family home and accessory structures utilize distinctive architectural characteristics, including exposed wood materials, shingle siding, exposed beams, and dormer windows. The site is also not visible from the surrounding neighborhood, reducing the importance of neighborhood compatibility.
Monotonous Surfaces- The building is small and the massing is broken up by doors and windows, thus avoiding long, uninterrupted exterior walls. The roof is broken up with multiple massings and dormer windows.
Exterior Materials- The primary structure and accessory structures make use of attractive wood materials on the exterior surfaces. The primary structure utilizes wood-shingle siding, while the accessory structures make use of wood beams and stone roof tiles.
Walls and Fences- The buildings on the site are naturally screened from the public right-of-way by the slope of the hillside and vegetation. The site currently includes fences and gates that do not meet the requirements of Chapter 17.45. A requirement to bring all fencing, walls, gates, and screening into compliance with the requirements of Chapter 17.45 is included as a Condition of Approval for this project.
CONDITIONAL USE PERMIT
Section 17.42.040 of the San Pablo Zoning Code states that the total floor area of all accessory buildings shall not exceed fifty percent of the floor area of the primary structure, unless a Conditional Use Permit is obtained. Additionally, Table 17.42-A states that accessory structures may not exceed 12 feet in height, except that structures between 12 and 16 feet in height may be allowed subject to a conditional use permit. The project proposes three accessory structures with a total floor area that is 129% of that of the main dwelling, and the accessory greenhouse structure is proposed to be 13 feet 8 inches in height. Due to the proposed size and height of the accessory structures, a conditional use permit is required for this project.
Through the Use Permit process, the Planning Commission is given an opportunity to review uses with this classification, impose conditions of approval, approve or deny such proposals, and set terms for revocation of uses. In approving the Conditional Use Permit to allow the accessory structures in excess of 50% of the floor area of the main residence and in excess of 12 feet in height, Zoning Ordinance Section 17.20.040 requires the Planning Commission to make a finding that the establishment, maintenance, or operation of the use 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.
Findings to support the granting of a Conditional Use Permit in this case include the following:
A. The establishment, maintenance or operation of the drive-through service use 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 the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the city because the use would be modest in nature, compatible with its semi-rural surroundings, and not visible from any public right-of-way and from very few private properties.
B. The proposed oversized and over-height accessory structures would be responsive to General Plan policies calling for land use patterns that are compatible with their surroundings and respond to the physical and natural constraints of the site.
C. The proposed oversize and over-height accessory structures would be otherwise compliant with Zoning Ordinance development regulations pertaining to such uses, including those contained in Section 17.42.040.
D. The proposed project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines, pursuant to Section 15303, New Construction or Conversion of Small Structures.
E. Public notice of hearing has been given by mail to the applicant, local affected agencies and to all property owners within 300 feet of the subject property and has been published in the West County Times (West Contra Costa edition of the East Bay Times) in accordance with the requirements of Government Code Section 65905.
ENVIRONMENTAL DETERMINATION
CEQA: This project is categorically exempt under the California Environmental Quality Act Guidelines Section 15303, New Construction or Conversion of Small Structures, as it involves construction and location of a limited number of new, small facilities or structures, such as a single-family residence and accessory structures. Furthermore, the project is consistent with the General Plan designation of Low-Density Residential and the zoning designations of R-1, Single-Family Residential, development of which were evaluated as part of the Environmental Impact Reports for the San Pablo General Plan, prepared in 2011.
CONCLUSION
Staff recommends that the Planning Commission determine the proposed project to be categorically exempt from the provisions of CEQA and approve the Minor Design Review for an existing single-family home and accessory structures and Conditional Use Permit to allow for an accessory structure exceeding the maximum floor area and height measurements, along with the conditions of approval identified in the attached proposed Resolution (Attachment A).
ATTACHMENTS
A. Resolution PC 24-15
B. Site Location
C. Project Application
D. Planning Submittal: Site Plan, Details, Floor Plans, Elevations, Site Photos
E. Proof of Publication from West County Times