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Home My WebLink AboutMINUTES - 04171990 - 2.9 2. 9 TO: BOARD OF SUPERVISORS .•� tra Costa FROK: Harvey E. Bragdon, Cuv Director of Community Development "`'" "7' DATE: 1 March 1990 SUBJECT: Hearing on Appeal of Susan Kay Oates requesting ehat Land Use Permit #2003-89 be DENIED. This is a proposal by Boshra and Beatriz Athanasios (Applicants & Owners) , to convert an exist- ing accessory structure into a second dwelling unit for family use, located at #73 Rider Court, Walnut Creek area. (S.D. III) . Parcel #184-331-007) SPECIFIC RRQUEST(S) OR RECONMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Reaffirm the action of the Zoning Administrator and the Planning Commission Denying the appeal of adjacent property owners and approving Land Use Permit 12003-89 with conditions. 2. Alternatively, Grant the appeal filed by Susan Kay Oates to Deny Land Use Permit 1(2003-89. CONTINUED ON ATTACHMENT: YES SIGMA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF 90AMICMUTTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Ap r i 1 17, 1990 APPROVED AS REOOMMSNDED Orl'F�Ft On April 3 , 1990, the Board of Supervisors deferred to this date the decision on the appeal by Susan Kay Oates, et al from the decision of the Board of Appeals denying the appeal by Paul and Ruth King, et al from the decision of the Zoning Administrator approving the request (LUP 2003-89) of Boshra and Beatriz Athanasios (applicants and owners) for the conversion of a partially completed structure originally intended to be an accessory dwelling into a second dwelling unit for family use-.in the Walnut Creek area. Supervisor Schroder commented on the covenants and restrictions in the area of the subdivision and the type and size of lots in this subdivision. He advised that the granny unit ordinance should not apply in this case and he moved to grant the appeal of Susan Oates, et al. There was no second to the motion. Supervisor Powers moved a substitute motion to approve the application to allow the granny unit. Supervisor Fanden seconded the motion. The Board discussed the matter. Supervisor Torlakson inquired whether the motion would include that the owner if granted the second unit would give up the rights to rent it later. 1. Karl Wandry, Community Development Department, responded to Supervisor Torlakson' s request. Victor Westman, County Counsel, commented on a condition imposed in the past that no more than one of the two units on- the property could be rented out. Mr. Wandry commented that that was in the ordinance as well. Supervisor Fanden wished to have that clarification in the motion. Supervisor Powers expressed agreement with the inclusion. Supervisor McPeak inquired as to the possibility of requiring that both parties whether they rent the property or not have to be related. Mr. Westman responded to Supervisor McPeak' s question. Mr. Athanasios expressed agreement with a restriction on the property that it be rented to a relative. IT IS BY THE BOARD ORDERED that recommendation 1 with amended conditions (Exhibit A Attached) is APPROVED. VOTE OF SUPERVISORS I BEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TPILTE AND CORRECT COPY OF AN AYES: I, IV, V, II NOES: ACTION TAKEN AND ENTERED ON THE ABSTAIN: NINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Department, ATTEST April 17 , 1990 Attn: Byron Turner PHIL BATCHELOR, CLERK OF Boshra & Beatriz Athanasios. THEBOARD OF SUPERVISORS Susan Kay Oates ACO ADMINISTRATOR Assessor Public Works-Tom Dudziak BY a DEPUTY Consolidated Fire Protection District CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2003-89 1. The permit is approved for a second residence as generally shown on plans submitted with the application. 2. The applicant will prepare a deed restriction disclosure statement which shall be included in any future offer or sale documents indicating requirements associated with a second unit permit. This statement shall read as prescribed by Section 82-84.1204, as follows: "You are purchasing a property with a permit for a residential second unit. This permit carries with it certain conditions that must be met by the owner of the property. The permit is available from the current owner or from the Contra Costa County Community Development Department." 3. Comply with Zoning Code requirement that second unit be architecturally compatible with the neighborhood and the primary residence, Section 82-84.1002(9) , as follows: "The second unit is architecturally compatible with overall neighborhood character and the primary residence in terms of scale, colors, materials and design for trim, windows, roof, roof pitch and other exterior physical features." 4. Comply with Zoning Code requirement that second unit have a separate entrance located on either building side or rear and not visible from the street front area, Section 82-84.1002(10) . 5. Comply with Zoning Code Tenancy requirement that no more than one dwelling unit on a parcel occupied by a second unit shall be rented or leased to or occupied by persons other than the property owner, Section 82-84.1004. The second unit shall be occupied by a relative only as agreed to by the appli- cant. 6. Prior to issuance of a building permit and/or occupancy of the second dwelling unit, the applicant shall submit a plan for off-street parking for review and approval by the Zoning Administrator, showing the location of a minimum of 3, paved or gravelled, off-street parking spaces for use in connection with both the primary residence and the second unit. Sp:jces shall not intrude into any of the required front or side yard set)ack areas. The third parking space shall be located behind the frontyard fence. 7. If archaeological materials are uncovered during grading, trenching or other on-site excavation(s) , earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s) , if deemed necessary. i r Irl i 8. A building permit is required. Comply with the Park Dedication Fee requirement for one additional residence. ADVISORY NOTE A. Comply with drainage, road improvement, traffic and utility requirements as follows: 1. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Countywide Area of Benefit as adopted by the Board of Supervisors. Currently the fee for the South Walnut Creek region of the County is $2,300 for each added single family residence. DK/aa LUPIX/2003-89C.DK 5/19/89 6/6/89 8/11/89 11/14/89 - P/C Revisions (v) 5/30/90 - Corrections (BT)