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Home My WebLink AboutMINUTES - 11031992 - D.2 • �,�E_S ._L_,oma TO: BOARD OF SUPERVISORS •` � -` Contra Costa FROM: HARVEY E. BRAGDON o' ++diiiigi %s County DIRECTOR OF COMMUNITY DEVELOPMENT ', DATE: September 30, 1992 UN SUBJECT: Adoption of Findings for the Decision Denying Land Use Permit County File #2061-91 to Establish a Caretaker Mobilehome Filed by Dan Kent (Applicant) and Richard Kent (Owner) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt, the findings denying Land Use Permit #2061-91 attached hereto as Exhibit A. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On June 23 , 1992 the Board of Supervisors took testimony on the project, closed the public hearing, deliberated and voted unanimously to grant the appeal of Howard Holmes, deny the land use application, and directed staff to prepare findings for the Board's consideration. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(,S) : ACTION OF BOARD ON November 3 , 1992 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT II 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. Contact: Debbie Drennan - 646-2031 Orig: Community Development Department ATTESTED November 3 , 1992 cc: Dan Kent PHIL BATCHELOR, CLERK OF Richard Kent THE BOARD OF SUPERVISORS County Counsel A COU ADMINISTRATOR Code Enforcement BY OA DEPUTY ROW A FINDINGS FOR DENIAL OF LAND USE PERMIT 2061-91 , AND APPEAL In denying Land Use Permit #2061-91 filed by Dan Kent (Applicant), hereinafter "Applicant"), and Richard Kent (Owner, hereafter "Owner"), to establish a caretaker mobilehome, the Contra Costa County Board of Supervisors finds as follows: A. The Record The Board of Supervisors, in making the above decision, has considered the County General Plan; the Bethel Island Area Specific Plan; its zoning ordinances; all . documents, maps, and exhibits before all of the bodies holding hearings on this application; all testimony given at all public hearings held on this application; and all staff reports. B. Background 1 .. Findin : In July 17, 1991 Dan Kent, the Applicant, submitted an application to establish a caretaker mobilehome. The property is located 723 feet on the east side of Piper Road, approximately 2,500 feet north of Gateway Road, in the Bethel Island area. Evidence: Community Development Department ("CDD") File #2061-91 . 2. Finding: Establishment of caretaker mobilehomes is governed by the T-1 zoning ordinance, which requires: a. A need for an on-site caretaker to protect possessions of substantial value. b. No other housing is available for a caretaker. C. The mobilehome is not and will not be occupied by any individual possessing an ownership or leasehold interest in the property. The caretaker shall be employed as a caretaker and shall be present on-site most hours of the day. d. The initial term of the permit shall not exceed four years, and shall be set at the discretion of the Zoning Administrator. The permit may authorize the granting of one or more extensions by the Zoning Administrator, each extension not to exceed four years. e. The mobile home shall be a single-wide unit and contain at least 220 square feet but need more than 500 square feet of floor area. f. The mobilehome shall not be installed on a permanent foundation system. 2. g. Conditions of the health officer be satisfied regarding water supply, sewage and refuse collection, as set forth in Divisions 414, 418 and 420. h. Other conditions determined appropriate by the Zoning Administrator. Evidence: CDD File LUP 2061-91 ; County Ordinance Code § .84-68.806. 3. Finding: The subject property is located in Flood Hazard Zone A, which requires any mobilehome be elevated on a permanent foundation at or above base flood elevation plus required freeboard. Evidence: CDD File LUP 2061-91; County Ordinance Code Section 82- 28.1002. 4. Finding: The application was scheduled on November 4, 1991 , and notice of the hearing was duly given. The item was continued by the Zoning Administrator and the hearing was rescheduled for November 18, 1991 . The matter was heard by the Zoning, Administrator on November 18, 1991 . The staff recommended_ denial of the application, on the ground that it was inconsistent with the T-1 zoning and the flood plain management ordinance (CCC Ordinance Code Chapter 82-28). The Zoning Administrator denied the application on the ground that she could not make the findings that the proposed use conformed to the intent of the County Ordinance Code. Evidence: CDD File LUP 2061-91 . 5. Finding: On November 19, 1991 the applicant appealed the Zoning Administrator's decision to the Board of Appeals, the East County Regional Planning Commission. A hearing was scheduled and duly noticed for March 9, 1992. The staff recommended denial on the same grounds as before. The Board of Appeals held the hearing and heard testimony of all those who wished to speak on the matter. The Board of Appeals granted the appeal and approved the application, subject to conditions of approval. Evidence: CDD File LUP 2061-91 . 6. Finding: On March 28, 1992, by letter from Howard Holmes, President of the Bethel Island Municipal Improvement District ("BIMID"), BIMID appealed.the Board of Appeals' decision. A hearing before the Board of Supervisors was scheduled and duly noticed for June 9, 1992 and continued to June 23, 1992. The staff recommended denial, on the same grounds as before. The Board of Supervisors opened the public hearing, heard testimony from all,who requested the opportunity to speak, including the applicant. The applicant requested the Board to dismiss the 3. appeal, because there were items of substantial value on the property. After closing the hearing and deliberating, the Board voted unanimously to grant the appeal, deny the land use permit application, and directed staff to prepare findings for the Board's consideration. Evidence: Clerk of the Board File 1992 - Appeal LUP 2061-91 . C. Findings for Considering the Appeal 7. Finding: The Board of Supervisors properly considered the appeal by BIMiD. Evidence: Contra Costa County Ordinance Code Section 26-2.2404. D. Findings for Denial of Land Use Permit 2061-91 8. Finding: The proposed Land Use Permit is not consistent with the County General Plan. The proposed Land Use Permit is not compatible with the objectives, policies or programs specified in the General Plan and Bethel Island Area Specific Plan. Evidence: The subject property is located in a flood-prone area as designated by. FEMA. The proposed structure is not sited above the highest water level expected during the life of the project. General Plan Policy 10-42 requires habitable areas of structures near the shoreline or in flood-proneareas shall be sited above the highest water level expected during the life of the project or shall be protected for the expected life of the project by levees of an adequate design (CDD File #2061-91 ). 9. Finding:. The proposed Land Use Permit does not demonstrate that possessions of substantial value are located on the subject property which require a full-time caretaker. Evidence: There is no substantial evidence in the record that would support a finding that possessions of substantial value are located on the subject property as required under County Ordinance,Code Section 84-68.806(1) (CDD File #2061-91). 10. Finding: The proposed Land Use permit does not provide for elevation of the manufactured home above the base flood elevation level. Evidence: There is no substantial evidence in the record that would support a finding that the design of the proposed manufactured home complies with County Ordinance Code 82-28.1008 (CDD File #2061-91). 4. E. CEQA FINDINGS 11 . Finding: Pursuant to State CEQA Guideline 15270, CEQA does not apply to projects which a public agency rejects or disapproves. Evidence: Clerk of the Board File 15270, 1992; Board of Supervisors hearing June 23, 1992;, State CEQA Guideline 15270. 12. Finding: There has not been compliance with CEQA requirements for environmental review and the proposed use is not exempt from CEQA. Evidence: Clerk of the Board file; Board of Supervisors hearing June 23, 1992; CDD File #2061-91 . DD/aa LTRXVII/2061-91 .DD 8/4/92 9/24/92 1/5/93