HomeMy WebLinkAboutMINUTES - 06131995 - 1.68 Contra
TO:� _ BOARD OF SUPERVISORS j
Costa`
FROM: Supervisor Tom Torlakson County
DATE: June 13, 1995
SUBJECT: RECONSIDER DIRECTION GIVEN TO COMMUNITY DEVELOPMENT REGARDING
POSSIBLE CHANGES TO THE "SMALL LOT" ORDINANCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION
RECOMMENDED ACTION:
Reconsider direction given to Community Development Department regarding possible changes to the
"Small Lot" ordinance. In March the Board of Supervisors requested CDD to clarify the public hearing and
notice requirements of Ordinance 92-44. Specifically, recommend that the requirement for a public hearing
be a discretionary decision to be determined by the Zoning Administrator.
BACKGROUND INFORMATION:
Since the ordinance has been in place, Staff has been interpreting the ordinance to read that the
requirement for a public hearing was a discretionary issue to be determined by the Zoning Administrator.
Some members of the Board believed that the previous policy could be interpreted to read that the public
hearing requirement is mandatory.
The Community Development Department has drafted changes to the ordinance. Although not
specifically called out in the changes to the ordinance, one of the policies which will be adopted by the
Department as a result is the mandatory requirement for a public hearing if any neighbor within the
notification area requests one within ten (10) days of being notified by County staff.
Modification of the ordinance was the result of concerns expressed during a public hearing on
February 28, 1995 regarding a parcel in the Kensington area. This hearing was the only appeal on this
policy the Board has heard since the ordinance was put in place approximately three years ago. The parcel
in question was unique in that it involved slopes and view issues. However there are numerous areas of the
County particularly in the older areas of East County communities such as Bay Point, Oakley, Knightsen and
Byron which are comprised of what we now call "small' or "substandard" lots. Changing the ordinance to
require a mandatory public hearing on parcels such as these (some of which were created more than fifty
years ago and have been single family homes since then) places an inordinate burden and time delay on the
part of the homeowner. For instance where previously the homeowner has been able to go in an get a
building permit to replace the roof on his garage, he now would be required to go through a lengthy, costly
public hearing process.
-� My office has been contacted by parties who have indicated that they have been told by Staff that it
could be anywhere from three to five months before their application can be processed. . This, in my opinion,
represents an unacceptable delay in the normal development process and is not in keeping with our goals to
promote a positive business climate for small businesses and homeowners.
CONTINUED ON ATTACHMENT:_YES SIGNATURE: 0M ' �dd_Y
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 13, 1995 APPROVED AS RECOMMENDED: X OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE
X UNANIMOUS(ABSENT ------- ) BOARD OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ATTESTED June 13, 1995
ABSENT: ABSTAIN: PHI AT OR,CLERK OF E B OF
E S AND C NTY AD I TO
cc: County Administrator `
Community Development Department BY
PUTY
VATE:
REQUEST TO SPEAK FORM
'-1 W (THREE (3)-MINUTE LIMIT)
Complete this form and place it in the box near the speakersrostrum before
addressing Board.
NAME: !�y f `d'/llf�/.� PHONE: .7 "7 fy 113' `�--
ADDRESS: ��3 /J�� �/ ` CTIY: �1G
I am speaking formyself OR organization:
(NAME OF ORGANIZNTIOfY)
Check one:
I wish to speak on Agenda Item #
My comments will be: generai for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.