HomeMy WebLinkAboutMINUTES - 12051995 - D5 •-` Contra
TO: BOARD OF SUPERVISORS c.
Costa
County
FROM: HARVEY E. BRAGDONy,,
DIRECTOR OF COMMUNITY DEVELOPMENT
A �OUIZ"f`�
DATE: DECEMBER 5, 1995
SUBJECT: APPEAL BY JOHN LINEWEAVER, DIABLO HOLDINGS, LTD.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
GRANT the appeal of John Lineweaver and ADOPT the associated
findings included under background.
FISCAL IMPACT
None. (Costs offset by developer fees) .
BACKGROUNDJREASONS FOR RECOMMENDATIONS
On November 14, 1995 the Board of Supervisors considered the appeal
of Mr. Lineweaver relative to whether or not patio seating is
consistent with the provision of the P-N-B (Planned Neighborhood
Business) Zoning District at Don Jose's Mexican Restaurant in the
Alamo area. The Board continued the hearing to December 5, 1995
and directed the Community Development Department staff to review
and report on concerns raised on issues including setbacks and
parking.
Staff has reviewed the requirements of the zoning district with
respect to sideyard fencing and has determined that it does not
limit the fencing height to 6 feet. Therefore, a 7 foot fence is
allowable in the district.
Following the hearing, Mr. Lineweaver represented to ,staff that he
could demonstrate that there was ample parking in the shopping
center to accommodate the additional seating generated in the patio
area. Staff has not reviewed detailed information from the
applicant to verify this assertion.
CONTINUED ON ATTACHMENT: X YES SIGNATURE-b 1 �=
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI TEE
APPROVE OTHER
SIGNATURE(S)
. ACTION OF BOARD ON necemb r 5, 1995 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT 5 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.
Contaet:DENNIS M. BARRY 646-2091 ATTESTED December 5 , 1995
cc: Community Development Department PHIL BATCHELOR, CLERK OF
CAO E BOARD OF SUPERVISORS
County Counsel D CO Y 0 ADMINISTRATOR
Johzn LIneweaver BY , DEPUTY
DB/df
t
Page Two
If the Board of Supervisors is inclined to grant Mr. Lineweaver's
appeal, staff would suggest inclusion of the following FINDINGS:
1. The proposed patio seating is deemed to be wholly within an
enclosed building in the P-N-B District only, due to the
unique circumstances in this zoning district, as indicated in
Section 84-50. 1402 of the County code.
2. The applicant has provided adequate parking for the use and no
variances to parking requirements are requested or approved.
3 . Adequate screening of adjacent residential uses is provided by
appropriate fencing, subject to the review and approval of the
Zoning Administrator.
4. There are no noise sources associated with the patio seating
which create a nuisance condition to off-site residential
uses. Upon 48 hours prior notice to the adjoining residences,
live music and entertainment may be allowed on not more than
2 nights per year.
5. Exterior refuse containers are suitably enclosed, subject to
review and approval of the Zoning Administrator.
Under these FINDINGS, the Community Development staff is not
compelled to interpret that a similar set of facts in a zoning
district other than the Planned Neighborhood Business District
would result in the same outcome.
Under the staff' s recommendation, before commencing use of patio
seating Mr. Lineweaver may submit information related to the
adequacy of parking and design of the screening fence directly to
the Zoning Administrator, subject to appeal to the Board of
Supervisors.
_ u
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