HomeMy WebLinkAboutMINUTES - 01221985 - T.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 22, 1985 , by the following vote:
AYES: Schroder, Torlakson, Powers
NOES: None
ABSENT: McPeak, Fanden
ABSTAIN: None
SUBJECT: Hearing on appeal of Kendall Acres Homeowners Association
from Board of Appeals decision approving Land Use Permit
Number 2155-84, filed by Gilman P. Smith (applicant &
owner) , in the Walnut Creek/Saranap area.
This being the time fixed for hearing on the appeal of
Kendall Acres Homeowners Association from Board of Appeals decision
approving Land Use Permit Number 2155-84, filed by Gilman P. Smith,
(applicant and owner) , requesting approval to establish a second
attached residence and garage with a 15-foot setback and a 7-foot
sideyard in the Walnut Creek/Saranap area;
Harvey Bragdon, Assistant Director of Planning, described
the property site and advised that the proposal was found to be
catagorically exempt from CEQA requirements , and also recommended
that this addition be all wood, and not wood and stucco; and
Supervisor Schroder inquired as to why a Land Use Permit
was necessary for an addition to a home when two stories were
currently allowed; and
Harvey Bragdon advised that the proposal was based on a
second unit , and not a second story; and
Supervisor Schroder inquired as to what this project had
to do with the granny unit Ordinance; and
Harvey Bragdon advised that the State law allows granny
units, and also stated that the County has supported the State Law,
and advised that the other aspect was that this is a separate unit
with a seperate entrance way, and the State law says that it should be
integrated so that there is only one entrance; and
Harvey Bragdon commented that it has been the policy of
the County where possible, and when fitting into the surrounding
area, that a second unit should be allowed; and
The Chairwoman opened the public hearing; and
Gilman P. Smith, applicant and owner, appeared and stated
that he was planning to build a garage with a seperate unit on top
of the garage, and commented that when he originally pruchased this
home the previous owner had converted the existing garage into a
den; and
Mr. Smith also commented that he had received a favorable
decision from the Planning Commission and then found out about the
previous appeal and inquired as to how long these appeals could con-
tinue; and
Supervisor Powers informed Mr. Smith that this would be
the last appeal on this project at the County level; and
Mr. Smith also comented that several of his surrounding
neighbors had additions to their homes and that he knew of at least
one home in the neighborhood that had an addition with a seperate
entrance; and
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Supervisor Schroder inquired as to whether there were any
existing granny units in this area; and
Harvey Bragdon commented that he was not aware of any
existing granny units in this vicinity; and
Mr. Fran Lavin, 166 Kendall Road, Walnut Creek, appeared
and spoke in favor of Land Use Permit Number 2155-84; and
R . W. Stevens , 125 Kendall Road, Walnut Creek, representing
the Kendall Acres Homeowners Association, appeared and commented
that the Homeowners Association is opposed to the subject Land Use
Permit stating tht it violated the prieiples of proper planning, and
commented that for over 35 years Kendall .Acres has been an
established single family -residential area, and that there were no
apartments or rental units . in Kendall Acres; and
Mr. Stevens also stated that rental units belonged in
areas that are properly zoned for their requirements , and commented
that Rendall Acres Homeowners Association urges the Board to deny
Land Use Permit Number 2155-84 in order to preserve and maintain the
35 years of architectural conformity of the private residences in the
neighborhood; and
Mr. Smith appeared in rebuttal , and commented that the
addition to his home would be in conformance with the surrounding
area, and urged the Board to approve Land Use Permit Number 2155-84:
and
The Chairwoman closed the public hearing, as no one else
desired to testify; and
Supervisor Schroder commented that the Board has expressed
its opinion relative to the granting in concept of granny units , and
also stated that the Board has publicly stated that it is not opposed
to the concept of granny units , but stated that he was sensitive to
neighborhood concerns relative to an additional unit in a single
family residential area, and commented that his recommendation would
be to defer decision on this matter for approximately one week in
order to determine if this addition is consistent with the existing
neighborhood, and if it is determined to be consistent , his recommen-
dation would be to deny the appeal thereby approving Land Use Permit
Number 2155-84.
Board members having considered the matter, IT IS ORDERED
that the decision on the appeal of Kendall Acres Homeowners
Association from the Board of Appeals decision approving Land Use
Permit Number 2155-84, filed by Gilman P. Smith is DEFERRED to
January 29, 1985, at 9: 00 A.M.
cc: Gilman P. Smith
Kendall Acres Homeowners Assn
Director of Planning
Public Works Director I hereby certify that this is a true and correct copy of
County Counsel an action taken and entered on the minute!of the
Board of Supervisors on the date shown.
ATTESTED: a /9g��
PHIL SAWCHZELOR,lArk n'the Board
Of Supe:visore Oft County Administrator
Deputy