Planning Commission approves 36-unit Mount Oso condominium project over objections about traffic and density

The Planning Commission voted to approve a development review permit, a conditional use permit and a tentative subdivision map to build 36 condominium units (nine fourplexes) on a 3.39-acre vacant parcel at the southwest corner of West Mount Diablo Avenue and South C Street.

Kenny Lippage of the Community and Economic Development Department described the proposal as nine fourplex buildings with 36 condominium units, each about 1,546 square feet with three bedrooms and two-and-a-half baths, and a one-car garage. Lippage said the project site is zoned Medium Density Residential and that condominiums require a conditional use permit in that zone. The project also proposes a northern parking lot to provide the additional off-street spaces required; staff said the overall on-site parking count exceeds the minimum required and that the project includes nine guest spaces.

The applicant and property owner, Dan Byram of Byram Investment LLC, was present to answer questions but provided no separate presentation. Staff said the project is planned as individually owned condominiums sold at market rate. During the hearing staff and the applicant noted the property contains a PG&E transmission easement through the north portion of the site; staff said there are restrictions on trees and structures within that easement and described a conceptual open turf play area beneath the transmission lines. At one point a staff figure was read as "15-foot PG&E easement" and later an exchange referenced "115 feet" for the easement area; staff said final setbacks and compliance with PG&E requirements will be addressed in permit review.

Neighbors raised multiple concerns in public comment. Sean Sanchez, who lives across the street, asked whether traffic studies had been conducted; Al Galley, city engineering, said a traffic technical memo was prepared and did not recommend off-site mitigations beyond conditions of approval and that the project did not trigger warrants for new signals. Several residents who live adjacent to the site expressed concerns about increased traffic during school drop-off and pickup, existing on-street parking overflow, safety and whether the units would be rentals or owner-occupied. Matthew Summers, interim assistant city attorney, told commissioners that state law guarantees the right to rent units for terms of a month or longer and that homeowners associations cannot ban month-to-month rentals (they may restrict short-term rentals).

Commissioners debated density, parking and open-space provisions. Staff emphasized that the project complies with the medium-density general plan density range (12 units per gross acre for that designation) and that the 3.39-acre parcel’s proposed density is within the current medium-density allowance; staff also noted the site could be built as rental apartments without the subdivision if the applicant chose to do so.

A commissioner moved to recommend adoption of a resolution approving development review permit D22-0009, conditional use permit CUP23-0003, and tentative subdivision map TSM23-0003, and determining the project categorically exempt from CEQA under Guidelines §15332 (infill exemption). The motion was seconded and passed on roll-call: three votes in favor, one no vote and one absence recorded. Commissioner English voted no, saying the number of units was too many for the site based on a site visit; Chair Orcutt, Vice Chair Penning and Commissioner Boateng voted yes. The motion carried by a 3-1-1 vote.

Staff and the applicant will address design details, landscaping, final lighting and play-structure plans at building permit review; staff noted street lighting along perimeter streets will be evaluated and required at the improvement plan stage if necessary. Several neighbors asked staff to consider traffic signal warrants at nearby intersections (Mount Diablo/Mount Oso at Tracy Boulevard) during future warrant analyses; staff said such warrants are driven by traffic data and specific volume/delay thresholds. The commission’s approval allows the subdivision and condominium conversion process to move forward and gives the applicant permission to proceed to building-permit submittal consistent with the approved entitlements and conditions of approval.

Votes at a glance Approved — Development review permit D22-0009; Conditional Use Permit CUP23-0003; Tentative Subdivision Map TSM23-0003 to create 36 condominium units on a 3.39-acre site at the southwest corner of West Mount Diablo Avenue and South C Street (Assessor’s Parcel 235-100-77). CEQA: Categorical exemption under CEQA Guidelines §15332. Vote: 3 yes, 1 no, 1 absent.