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HomeMy WebLinkAboutMINUTES - 07191994 - H.7 v, f Contra TO: BOARD OF SUPERVISORS `✓Wla p, FROM: ' HARVEY E. BRAGDON casTA --'-'��I County DIRECTOR OF . COMMUNITY 'DEVELOPMENT DATE: .20 June 1994 SUBJECT: APPEAL - Michael E Miller (Applicant) , Richard Stevens (Owner) , of the Contra Costa County Planning Commission's decision to- up- hold o up-hold the Zoning Administrator's DENIAL of County File #2001-94, Walnut Creek area. SPECIFIC REQUEST(S) OR .RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Uphold the Contra Costa County Planning Commission's decision denying Land Use Permit Application #2001-94 and deny . the : appeal of Michael E. Miller. 2 . Adopt the findings contained in Planning CommissionResolution No. 2.5-1994 as the basis for the Board of Supervisors' denial.. FISCAL IMPACT: None. BACKGROUND/REASONS FOR RECOMMENDATION:: The applicant is seeking approval of . a second residential conversion of a guest cottage. The request. includes variances to parking setbacks for second unit parking, building setbacks for the second unit and lot size (17,400 sq. ft. , where 20, 000 sq. ft. , is required) . On March 28, 19941 the. Zoning Administrator denied the application for a second residential unit. The Zoning Administrator's decision was appealed by the project applicant. On May 3 , 1994, the Contra Costa County Planning Commission -upheld the- Zoning Adm' rator's. denial of the application for a second residential CONTINUED ON ATTACHMENT: XXX YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR REC EN ON OARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 44APPROVED AS RECOMMENDED _� OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT. THIS IS A UNANIMOUS (ABSENT w TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED 42"Aii9, 9 CC: DELMAR TOMPKINS ' LUP FILE #2001=94 PHIL' BATCHELOR, ' CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY Deputy V _ • • i Appeal: Michael E. Miller - #2001-94 - Page #2 On May 12, 1994, Michael E. Miller, the project applicant, filed an appeal of the Planning Commission's decision to the Board of Supervisors. Issues raised in the appeal regard the existence of the lot, house and cottage prior to the Zoning Ordinance; that project approval would not conflict with the existing lot sizes and density of the surrounding area; that all variance requests made on this application relate to the original approved and permitted structures as they were allowed to be constructed on the property. Records from the Tax Assessor's Office date the main residence to 1950 and the cottage to 1953 ; the Zoning Ordinance was adopted for the subject area on March 16, 1948. The cottage is allowed as a guest structure with its variances because it has existed. Changing the use of the guest structure to a permanent residential unit necessitates the requests for variances to yard setbacks around the structure. Similarly, the requests for parking setback variances result from the creating of need for additional parking if a second residential unit status is granted for the guest structure. The lot size is small for the R-20 Single Family Residential Zoning District. If the Board of Supervisors finds merit with the project and is able to make all land use permit and variance findings, then the Board should: 1. Declare intent to approve project subject to the conditions of approval in staff report prepared for the Zoning Administrator. 2 . Direct staff to prepare findings for Board adoption. 3 . Accept environmental documentation as adequate. 4 . Continue matter a minimum of three weeks for final decision. ADDENDUM TO H.7 July 19, 1994 The Chair convened the hearing on the appeal of Michael E. Miller from the decision of the Contra Costa County Planning Commission, acting as the Board of Appeals, denying a request by Michael Miller(applicant) and Richard Stevens(owner}— LUP 2001-94—to establish a second residential(existing structure) in an R-20 Single Family Residential District, Walnut Creek area. Dennis Barry of the Community Development Department advised that the applicant is filing a land use permit application (to include multiple variances) in order to established a legal second residence on the subject property under the second unit ordinance. The Zoning Administrator found that he could not justify the grant of the ordinances because the site was substandard. Mr. Barry noted that on appeal the Planning Commission could not find for the variances that were requested—they could not make the findings required to allow the land use permit to be approved and therefor denied it. Mr. Barry recommended that the Board approved the recommendations of the Community Development Department set forth on the attached document of which this addendum is a part. Michael Miller advised that he believes the property was legally constructed prior to the adoption of the zoning ordinance. He acknowledged that the property in question has not been constantly used as a rental unit. He urged the Board to support his appeal. The following persons spoke in opposition to Mr. Miller's position and urged the Board to deny the appeal: Robert H. Houser, 1781 Castle Hill Road, Walnut Creek 94595;and Kim Grobeck, 1901 Meadow Road, Walnut Creek. Mr. Miller spoke in rebutal. All persons desiring to speak having been heard,the hearing was CLOSED by unanimous vote of the Board members present. Following a brief discussion and on motion of Supervisor Bishop, seconded by Supervisor Smith, IT IS BY THE BOARD ORDERED that the recommendations of the Community Development Department are APPROVED and the appeal is DENIED. BEFORE THE PLANNING COMMISSION CONTRA COSTA COUNTY STATE OF CALIFORNIA A P P E A L - Michael E. Miller, (Applicant), Richard Stevens, (Owner) - #2001-94 - To Establish a Second Residential Unit with Variances. Walnut Creek Area/ Resolution No. 25-1994 WHEREAS, an application by Michael E. Miller (Applicant), Richard Stevens (Owner), #2001-94), requesting approval to establish a second residential unit (existing structure), in an R-20 Single Family Residential District, with variances: 11-ft., setback (25-ft., required), a 2-ft., sideyard (15-ft., required), for parking for second unit, 1-ft., rear yard (15-ft., required), and 12-ft., sideyard (15-ft., required) for second unit, 17,400-sq.ft., area (20,000 sq.ft., required); and WHEREAS, the subject site is located at #1791 Castle Hill Road approximately 75-ft., east of the intersection of Castle Hill Road and Glen Haven Avenue, in the Walnut Creek area; and WHEREAS, this project is exempt from CEQA under Categorical Exemption, Class 3, Section 15303-A; and WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before the County Zoning Administrator for the meeting of March 28, 1994, whereat all persons interested therein might appear and be heard; and WHEREAS, at the March 28, 1994 public hearing, after having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter, the Zoning Administrator DENIED said application not being able to make the necessary findings for approval; and WHEREAS, on April 5, 1994, the applicant appealed the Zoning Administrator's decision to the County Planning Commission for public hearing and determination by that body; and WHEREAS, after notice thereof having been lawfully given, a public hearing on the applicant's appeal was scheduled for public hearing on Tuesday, May 3, 1994, whereat all persons interested therein might appear and be heard; and WHEREAS, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; and NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission DENIED the applicant's appeal upholding the decision of the County Zoning Administrator Y i -2- Resolution No. 25-1994 citing the following reasons: 1 . Granting this land use permit will set precedent for others to expand beyond zoning regulations. 2. Approval of a second unit will cause a negative impact to traffic in the area. 3. There are too many variances for one land use permit application. F 4. Two residences on a 17,400 sq.ft., lot is not typical in this R-20 Zoning ' District. i 5. The Commission is unable to make the findings for granting of a land use permit for a second residential unit and the granting of requested variances. BE IT FURTHER RESOLVED that the foregoing order was given by the County Planning Commission in a regular meeting on Tuesday, May 3, 1994, as follows: AYES: Commissioners - Terrell, Straus, Gaddis, Woo, Wong. NOES: Commissioners - Richard Clark, Emil Accornero. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. BE IT FURTHER RESOLVED that on May 12, 1994, the applicant appealed the decision of the County Planning Commission to your Board for public hearing and determination. Richard Clark Chairman of the Planning Commission, Contra Costa County, State of Calif. ATTEST: AyE.,Br n, Secretary of the ion, Contra Costa California.