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TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP ti Costa
COMMUNITY DEVELOPMENT DIRECTOR rA> County
DATE: JANUARY 16, 2001
SUBJECT: ADOPTION OF FINDINGS FOR THE DENIAL OF A LAND USE PERMIT FOR A PET
BOARDING FACILITY LOCATED AT 8325 MARSH CREEK ROAD IN THE CLAYTON
AREA.
SPECIFIC REOUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT the finding contained in Resolution #2001/5 granting the appeal of the City of Clayton
and denying the land use permit for the premium pet boarding facility,
FISCAL IMPACT
The applicant is responsible for all cost associated with processing the use permit
application including the appeal.
CONT! UED ON ATTACHMENT: X YES SIGNATURE
L-'- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
----APPROVE OTHER
SIGNATURE(S):
ACTION OFBOAR january 16 . 2001 APPROVED AS RECOMMENDED XX OTHER—
SEE THE ATTACHED RESOLUTION NO. 2001/5
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
__UNANIMOUS(ASSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Lashun Cross (335-1229) ATTESTED January 16, 2001
cc: Public Works PHIL BATCHELOR, CLERK OF THE BOARD OF
Timothy and Kristina L'Amoreaux SUPERVISORS AND C UNTY ADMINISTRATOR
City of Clayton
Phillip Kelley
BY DEPUTY
January 16,2001
Board of Supervisors
File#LP992082
Page 2
BACKGROUND INFORMATION
On June 13, 2000,the County Planning Commission heard this application. Several residents
signed a petition, submitted letters, and attended the hearing on June 13, 2000 to speak in
opposition of the land use application. The City of Clayton also submitted a letter requesting
the County Planning Commission continue the June 13, 2000 hearing to June 27,2000 to allow
the Clayton City Council an opportunity to review the staff report at their Council meeting on
June 20, 2000. The County Planning Commission after hearing testimony and taking evidence
approved the application (LP992082) with modifications to the Conditions of Approval.
On September 12, 2000 the Board of Supervisors heard the application. Several residents
and representatives of the City of Clayton attended the hearing and spoke in opposition. The
Board of Supervisors after hearing testimony and taking evidence denied the application
(LP992082) based on its inconsistency with the County General Plan.
Al) k::ro
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday,January 16,2001,by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DeSAUENIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/5
SUBJECT: APPEAL
CITY OF CLAYTON AND PHILLIP KELLEY (Appellants),
TIMOTHY AND KRISTINA L'AMOREAUX (Applicants and Owners),
LAND USE PERMIT(LP992082),
CLAYTON AREA
The Board of Supervisors of Contra Costa County RESOLVES that:
WHEREAS, an application for a land use permit LP992082 to allow the conversion and
remodeling of an existing barn into a pet boarding facility, with a variance to construct an 8-foot wall
around a 200 square foot outdoor play area with a 20-foot front setback (where 25-feet minimum is
required) was received by the Community Development Department on October 19, 1999; and
WHEREAS, a Categorical Exemption from the requirements of the California Environmental
Quality Act(Class 3); was prepared for the project; and
WHEREAS, after notice was lawfully given,a public hearing was scheduled before the Board of
Supervisors on September 12, 2000; and
WHEREAS, on September 12, 2000, the Board of Supervisors conducted a public hearing;and
WHEREAS, the Contra Costa County Board of Supervisors having fully reviewed, considered
and evaluated all the testimony and evidence submitted in this matter;
NOW, THEREFORE BE IT RESOLVED that the Contra Costa County Board of Supervisors
DENIES the land use permit request of Timothy and Kristina L'Amoreaux(Applicants and Owners);and
BE IT FURTHER RESOLVED that the following finding is the basis for this decision:
I The proposed pet boarding facility is inconsistent with the County General Plan. The
applicant has requested a commercial use as the primary land use of the property whereas
the General Plan designation of Single Family Residential — Low Density allows a
detached residence,accessory structures,and the keeping of livestock consistent with the
agricultural lifestyle and secondary uses of home occupations, church facilities, second
units, etc. with the approval of a land use permit.
BE IT FURTHER RESOLVED that the Clerk of the Board shall respectively sign and attest the
certified copy of this Resolution and deliver the same to the Board of Supervisors all in accordance with
the planning laws of the State of California.
I hereby certify that this is a true
and correct copy of an action taken
and entered on the minutes of the
Board of Supervisors on the date
shown.
Attested: January i 6-,.24ol
Phil Batchelor,Clerk�of the Board
of Supervisors and C-Puuty
Ais for
L I
By:
Deputy Jerk
RESOLUTION 2001/5