HomeMy WebLinkAboutMINUTES - 07172001 - D.6 TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY AICPCosta
COMMUNITY DEVELOPMENT DIRECTOR ��;:r �f' County
DATE: JULY 17, 2001
SUBJECT: DANNY SCHER (OWNER/APPELLANT) HEARING ON AN APPEAL OF AN
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT
THAT THE USE OF THE STAGE AND AMPHITHEATRE FOR MUSICAL CONCERTS
IS NOT A LEGAL NONCONFORMING USE. THE PROPERTY IS LOCATED AT 500
COVENTRY ROAD IN THE KENSINGTON AREA OF THE COUNTY (APN: 571-160-
017,005), COUNTY FILE #Z1019126.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. UPHOLD the Community Development Department's decision that the use of the
stage and amphitheatre for concerts is not a legal nonconforming use and DENY the
appellant's appeal of that decision.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ,July 1 7,,?.nn1 APPROVED AS RECOMMENDED OTHER-M(
The Board continued this matter to September 11, 2001 at 1 p.m.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
_UNANIMOUS(ABSENT -- ) 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: Aruna Bhat 335-1219 ATTESTED July 17, 2001
cc: Catherine Kutsuris, Deputy Director JOHN SWEETEN, CLERK OF THE BOARD OF
Danny Scher,appellant SUPERVISORS AND COUNTY ADMINISTRATOR
Diana Silver, Deputy County Counsel `'Michael Angelo Silva, Property Conservation Division, BID QBY))MLa t,/l� , DEPUTY
0
July 17, 2001
Board of Supervisors
File#Z1019126
Page 2
FISCAL IMPACT
The applicant/appellant has paid the initial appeal fee of $125. The applicant will be
required to pay all staff time associated with the processing of this appeal.
BACKGROUND
During the early part of this year, the County Building Inspection Department received
several complaints regarding the construction of an amphitheatre on the subject property.
Building Inspection Department staff was at the site and informed the property owner to
contact the Community Development Department to determine the legality of the stage and
amphitheatre.
The property owner, Mr. Scher, submitted a letter to the Community Development
Department on April 3, 2001 requesting that Community Development Department concur
with him and grant"legal nonconforming"status for the amphitheatre and stage. In a letter
dated April 23, 2001, the Community Development Department determined that the use of
the stage and amphitheatre for musical concerts is not a legal nonconforming use (letter
attached). The decision was based on a review of all the information submitted by Mr.
Scher. Lori Sun-Look, on behalf of Mr. Scher, appealed the Department's decision by a
letter dated May 6, 2001. Supplemental letter expanding the appeal topics was submitted
by Edward Shaffer, Mr. Scher's attorney (letter attached).
APPEAL DISCUSSION:
LEGALITY OF THE STAGE AND AMPHITHEATRE
The property at 500 Coventry Road in Kensington is Zoned R-6 (single-family residential
district). To establish a "legal nonconforming use" (grandfather) status of the parcel,
sufficient information clearly indicating that the use was established prior to the zoning of
the property and continued without interruption, expansion or enlargement is required
(Contra Costa County Ordinance Code Section 82-8), from the time established to the
present time (Contra County Code Ordinance Code Section 82-8). Three declarations
under oath from people with personal knowledge of the property and its uses from March
1947 to present are usually required by the Community Development Department as proof
of a legal non-conforming use of property. A nonconforming.use is a lawful use existing on
the effective date of a new zoning restriction that has continued since that time without
conformance to the ordinance.
According to the information submitted (three declarations and letter from Mr. Scher), the
stage and amphitheatre have been in existence since the 1920's, built for the use of the
family, which owned and lived on the property. The information submitted documented a
number of "events" that were held at the site. These include weddings, anniversaries and
dance recitals. The notarized statement from Ms. Louise Hildebrand Klein states that
concerts and other local social and political functions were also held on stage. The other
July 17, 2001
Board of Supervisors
File#Z1019126
Page 3
two statements did not mention any political functions being held on the stage. There was,
and still is, no evidence submitted to support the contention that the property has been used
for activities commercial in nature, such as the proposed musical concert, which was
advertised for this year. Events such as weddings, anniversaries, birthday parties and
dance recitals
are considered accessory to the residential use of the property. Several adjacent property
owners with knowledge of the subject property have submitted letters stating that the
property was never used for musical concerts or other non-family events.
LEGALITY OF FUNDRAISING ACTIVITIES
The attorney for Mr. Scher has argued that the constitutional protection of free speech
allows political and charitable fundraising. The letter states that activities cannot be
deemed "commercial" based on the fact that they would be charging people to attend the
events. This does not address the issue. There is no distinction, for purposes of zoning,
between "commercial" or charitable or political fundraising. This is not a First Amendment
issue. Rather, the question is whether the proposed use of the property, i.e.; for
fundraisings, musical concerts, is a use normally accessory, or auxiliary to a detached
single-family dwelling in an R-6 single-family residential district (Contra Costa County
Ordinance Code Section 84-4.402. (1). Any use that is not specified in Article 84-4.4 of the
County Ordinance Code is not a permitted use. Some other uses may be allowed with a
land use permit, such as certain community buildings and philanthropic or eleemosynary
institutions in this zoning district (see Contra Costa County Ordinance Code Section 84-
4.404). Therefore, it is not a question of abridging free speech rights; it is a lawful exercise
of the County's constitutional police power to establish and enforce zoning ordinances.
Conducting musical concerts and fundraising activities are not considered normally
accessory to a single-family residence. Maintaining the character of residential
neighborhoods is a proper exercise of zoning and police power. Reserving land for single-
family residences preserves the character of neighborhoods. The courts have consistently
upheld zoning regulations giving the police power a broad and liberal construction. In 1974,
the U.S. Supreme Court in Village of Belle Terre v. Boraas, stated:
"A quiet place where yards are wide, people few, motor vehicles restricted are
legitimate guidelines in a land use project addressed to family needs. This goal is a
permissible one within Berman v. Parker. The police power is not confined to
elimination of filth, stench and unhealthy places. It is ample to lay out zones where
family values, youth values, and the blessings of quiet seclusion and clean air make
the area a sanctuary for people." (94 SCt 1536).
July 17, 2001
Board of Supervisors
File#Z1019126
Page 4
CONCLUSION
The stage and the amphitheatre have been in existence on a smaller scale and for
personal, family related uses since the early 1920's. Documentation submitted by Mr.
Scher indicates that a number of"events"were held at the site. However,these events are
those that are considered accessory to the residential use of the property. There is no
evidence submitted to support the contention that the property has been used for activities
that are commercial fundraising or charitable or otherwise of a non-family character,
unrelated to the single-family dwelling unit, continuously since 1947. Staff recommends
that the Board uphold the Community Development Department's decision that the
proposed use of the stage and the amphitheatre do not constitute legal nonconforming use
of the property and deny Mr. Scher's appeal.
r�
Danny Scher
500 Coventry Road d,Kensington, CA 94707
510/526-6511 •Fax: 510/526-6522
May 6, 2001
Community Development Department
Application and Permit Center
Contra Costa County
651 Pine Street
2"d Floor, North Wing
Martinez, CA 94553-0095
Re: Amphitheatre and Stage at 500 Coventry Road in Kensington, California
To Community Development Department:
Danny Scher, 500 Coventry Road, Kensington, CA 94707 ("Applicant"), hereby
appeals the decision of the Community Development Department as set forth in the
letter of April 23, 2001, signed by Catherine Kutsuris, a copy of which is attached as
Exhibit"A", denying Applicant's request that the amphitheatre and stage located on the
Applicant's property since 1924 be given "legal non-conforming " grandfather status.
The grounds of this appeal are that there is sufficient evidence in record to determine
that such legal non-conforming status is appropriate and that such status should have
been granted based on such evidence. The denial of the Applicant's request is contrary
to the applicable facts, the law and the applicable legal standard. Applicant's letter of
April 3, 2001 together with all exhibits, photographs and other enclosures is hereby
incorporated by reference and made a part of this appeal.
Procedurally, it should be noted that Applicant did not receive the letter of April 23, 2001,
a copy of which is attached as Exhibit "A", until April 30, 2001. Applicant has been out of
the country and out of telephone or other manner of communication reach since April 12,
2001 and will not return until May 11, 2001. This appeal is submitted and signed by
Applicant's assistant, Lori Sun-Look, who is fully authorized to file this Appeal, within the
time required by law in order to protect Applicant's rights of appeal with regard to the
subject decision. Appellant reserves the right to augment and supplement this appeal
and the record upon his return to the United States on May 11, 2001.
Sincerely,
*L � =Look I
Attachment
Corns nur Ilty Contra ��/ . .,� Dennis Barry,AlCP
? Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Win
Martinez, California 94553-0095
Phone: (925) 335-1210 :_ )
April 23, 2001
Danny Scher
500 Coventry Road
Kensington, CA 94707
Subject: Amphitheatre and Stage at 500 Coventry Road in Kensington, California
Dear Mr. Scher:
This letter is in response to your letter of April 3, 2001 in which you request the
Department's Concurrence that the amphitheatre and stage located at 500 Coventry Road
in Kensington is a "legal non-conforming use." The property is located in the R-6
Zoning District, which is a single family residential zoning district.
We have reviewed the documents which you submitted in support of your belief that the
stage and amphitheatre is a legal non-conforming use. According to the information
submitted, the stave and amphitheatre have been in existence since the 1920s. built for
the use of the family which owned and lived on the property. The information submitted
documents a number of"events" that were held at the site. These events, however, would
be those that would be considered accessory to the residential use of the property. There
was no evidence Submitted to support the contention that the property has been used for
activities commercial in nature, such as the musical concert which you have apparently
been advertising. Even if you provided documentation that the amphitheatre has been
used for musical concerts/events, you would be required to show how that use has been a
continuous use at the property. Without such evidence and based on the information
you have submitted, the Department has determined that the use of the stage and
amphitheatre for musical concerts is not a legal non-conforming use.
You should be aware that since the activity is not a legal non conforming use, the holding
of the proposed benefit concert for the Parkinson's Institute is clearly a violation of the
County Code and is not allowed on the site. In reviewing the County Code, it appears that
you have the right to file a land use permit application for an eleemosynary use. If
approved, that could allow the use of the site for a musical concert such as you have
described. However, I must caution you that the County Code includes seven findings
which must be made in order to grant a land use permit. They are:
Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m.
Office is closed the 1 st, 3rd & 5th Fridays of each month
1) the proposed conditional land use shall not be detrimental to the health, safety and
general welfare of the county;
2) the use will not adversely affect the orderly development of property within the
County;
3) the use shall not adversely affect the preservation of property values and the
protection of the tax base within the County;
4) the use shall not adversely affect the policy and goals as set by the general plan;
5) the use shall not create a nuisance and/or enforcement problem within the
neighborhood or community;
6) the use shall not encourage marginal development with the neighborhood; and
7) special conditions or unique characteristics of the subject property and its location or
surroundings are established. Failure to make these findings shall result in a denial.
Based on the information you have submitted regarding your plans and our knowledge of
the residential nature of the community in which you are located, it is very unlikely that
the Community Development Department.could make the findings in order to
recommend approval of such a land use permit. If you decide to pursue the filing of a
land use permit, you should be aware that the processing time from application to the
scheduling of a public hearing is approximately four months.
The Department strongly urges you to cancel your planned upcoming event. The activity
is a violation of the County Code. This determination will be forwarded to the Code
Enforcement Division of the Building Inspection Department for their follow-up.
Should you have any questions or would like to discuss this determination in more detail,
please call Aruna Bhat, a Current Planning Division Manager, at (925) 335-1219.
County Code Section 14-4.002/004 provides that this decision may be appealed to the
Board of Supervisors. Should you wish to file an appeal, the letter of appeal and the
$125 filing fee must be received by the office of the Clerk of the Board by 5:00 pin on
Monday, May 7, 2001. The appeal letter must concisely state the facts of the case and the
grounds for the appeal, including your special interest/injury. A brochure on the filing of
an appeal has been included. Please review the portion of the brochure relating to the
filing of appeals of administrative decisions.
Sincerely,
Catherine Kutsuris
Deputy Director.
CK/bdm
cc: Members, Board of Supervisors
Clerk of the Board
Dennis .Barry—Director
Diana Silver— Deputy County Counsel
Greg Staffelbach — Building Inspection Department
Aruna Bhat—Principal Planner
05/29/2001 14:27 FAX 925 2565975 U003/007
i*WARCHEFR ■ NORRIS
2033 North Main Street,Suite 800 CALIFORNIA OFFICE:
PO Box 8035 Walnut Cree4
Walnut Creek,CA 94596.3728 Rlchmonc
925.930.6600 Ontaric
925.930.6620(Fax)
May 29, 2001 EDWARD L.SHAFFER
e5haffer@archernorris.com
925.952.5409
Contra Costa County Board of Supervisors
c/o Clerk of the Board
651 Pine Street, Room 106
Martinez, CA 94553
Re: Appeal of Staff Decisions Re ardinl4500 CoventRoad, Kensington.
Honorable Supervisors:
We represent Danny Scher, resident and owner of property located at 500 Coventry Road
in Kensington, Contra Costa County. Mr. Scher previously filed an appeal of certain decisions
made by County staff. This letter is intended to elaborate on and expand the matters subject to
Mi. Scher's appeal, as described below. We understand that a hearing before the Board of
Supervisors has been scheduled for July 17, 2001 at 1:00 p.m.
Summary
1. Status o1'Amphitheater and Stage.
Question: Does the amphitheater and stage on the property at 500 Coventry Road qualify
as a legal structure on the site?
Answer: These improvements should be accepted as accessory facilities, fully legal
under current County regulations. At a minimum, there is ample evidence to show that
the facilities date to the 1920's and so are legal nonconforming uses.
2. Legality of Fundraising Activities.
Question: Are gatherings for political and charitable fundraising allowed without a
conditional use permit?
Answer: Constitutional protections of free speech allow such activities and require a
Countywide ordinance rather than ad hoc decisions on individual permits.
Archer Norns,A Professional Law Corporacion
TXFI_S203589-2
05/29/2001 14:27 FAX 925 2565975 0 004/007
Contra Costa County Board of Supervisors
May 29, 2001
Page 2
Enforcement Action
In response to communications with the County regarding work being done to the
amphitheater, Mr. Scher sent a letter to Ms. Aruna Bhat of the County on April 3, 2001, asking
for confirmation that the amphitheater and stage be recognized as a legal nonconforming use. He
submitted substantial evidence showing that the stage and amphitheater had been used since the
1920's for various types of events.
Staff then raised a second question: whether zoning allows this property to be used to
host political and charity fundraising events. This inquirywas triggered by Mr. Scher's plan to
hold a benefit concert on May 20th for the Parkinson's Institute. Staff pressured both Mr. Scher
and the Parkinson's Institute to cancel the event. As a result of staff's intervention, the Institute
had to refund S20,000 that already had been donated by people planning to attend.
Status of Stage and Amphitheater
Mr. Scher received a letter from Catherine Kutsuris of the Community Development
Department dated April 23`d (which by Ms. Kutsuris' own admission actually should have been
dated April 27t11). Ms. Kutsuris did not respond directly to Mr. Scher's request for a decision
regarding the status of the stage and amphitheater. Instead, she focused almost entirely on the
types of uses that may be allowed. Thus it is not clear whether staff has declared that the stage
and amphitheater themselves are illegal improvements.
This confusion is reinforced by a Notice To Comply dated May 3, 2001 from Greg
Staffelbach of the Building Inspection Department. The order for"Corrective Action" states:
Cancel any and all events that are planned for the above-referenced
property. If you wish to apply for a `land use permit' to hold such events,
please gain the appropriate approvals prior to scheduling of the events.
This notice does not differentiate between fundraising events and other gatherings such as
weddings, birthday parties, etc. It suggests that all uses of the stage and amphitheater are
prohibited without a permit. Mr. Staffelbach's Notice to Comply was much too broadly worded
and imposed an unreasonable burden on legitimate uses of private property.
By this letter we appeal both the May 3rd Notice To Comply and the April 27th
Community Development decision, to the extent that they declare the stage and amphitheater
illegal and/or prohibit all uses of those facilities. At a minimum. the stage and amphitheater
quah fy as legal nonconforming improvements due to their age and the evidence provided.
However, we ask the Board of Supervisors to determine that the stage and amphitheater
are fully legal accessory structures on this R-6 residential property. The improvements should be
free from any restrictions or cloud that may apply to being branded nonconforming.
TXELS/203589-2
05/29/2001 14:27 FAX 925 2565975 Q005/007
Contra Costa County Board of Supervisors
May 29, 2001
Page 3
Fundraising Events
Mr. Scher proposed to hold a benefit concert to raise money for the Parkinson's Institute,
a charitable organization fighting Parkinson's Disease. This event would have been much
smaller than the weddings, birthdays and other parties occasionally held by Mr. Scher. However,
County staff decided that the activity was"commercial" in nature, based simply on the fact that
he would be charging people to attend.
Mr. Scher was ordered to cancel the fundraiser, and was told that he must obtain a land
use permit for any future events. Staff also declared that it was "very unlikely" that a permit
would be issued. Mr. Scher also received a Notice to Comply threatening him with legal action
and fines if he held "any" event on his property—without clarifying what gatherings might
trigger such punishment.
Both the United States and California Constitutions treat soliciting funds for chanty or
political purposes as protected speech. The United States Supreme Court overturned an attempt
to license charity solicitors, stating: "Charitable solicitations involve a variety of speech interests
. . . that are within the protection of the First Amendment." Schaumburg v. Citizens for a Better
Environment (1980) 444 U.S. 620, 632. Charitable solicitation also is given more protection
than merely commercial speech. See, Riley v. National Federation for the Blind of North
Carolina (1988) 487 U.S. 781. Politically-related events also are protected by the First
Amendment. See, -New York Times Co. v. Sullivan(1964) 316 U.S. 254. The ruling in
Schaumburg was repeated by Hillman v Britton (1980) 111 Cel. App. 3d 810, in which the
California court agreed that charitable solicitation is constitutionally protected speech.
California courts have recognized that the State Constitution is even more protective of
free speech rights than federal law. See, Gonzales v. Superior Court (1986) 180 Cal. App. 3d
1116, 1122. The court in Hunter v. City of.-Whittier (1989) 209 Cal. App. 3d 588, 596-97, ruled:
City correctly points out that as a general rule of zoning lav, broad general
standards for conditional use permits have been upheld because it would be
impossible and undesirable to devise specific standards to cover all conceivable
variations of circumstances involving individual properties [citations].
The issue in those cases, however, was whether those standards were so
impermissibly vague as to constitute an unlawful delegation of legislative
authority to an administrative body or official. The approach is not the same
when the property owner has independent rights which constitute a limitation
upon the powers of the legislative body itself to regulate the matter. Thus, for
example, when Zoning restrictions operate on the property owner's exercise of
First Amendment rights, the court have required greater legislative specificity
in order to avoid undue administrative discretion impinging on the owner's
rights. [citations]. (emphasis added)
TXE•LS/2035R9-2
05/29/2001 14:28 FAX 925 2565975 006/007
Contra Costa County Board of Supervisors
May 29, 2001
Page 4
In Rodriguez v. Solis (1991) 1 Cal. App. 4`h 495, the court repeated the reasoning in Hunter as it
upheld denial of a sign. The decision rejected an auto dealer's free speech argument in part
because commercial (advertising) speech is treated as deserving less protection than other forms
of speech. Despite County staff's opinion, charitable and political fundraising are forms of
protected free speech, and are not considered"commercial"by the courts.
Both federal and state courts object to situations where public officials can exercise wide
discretion in granting or denying permits that infringe on constitutionally protected rights like
freedom of speech. Even if the individual case does not show actual misuse of authority, the
courts are concerned with the potential for abuse of this power. Thus they insist that any such
permitting be subject to an ordinance with definite, objective guidelines that narrowly limit the
range of discretion. Any regulation and restriction of First Amendment rights must be narrowly
tailored to serve a significant government interest with the least intrusive imposition on
constitutional rights. See, Wardy. Rock Against Racism (1989) 491 U.S. 781, Dillon v.
Municipal Court (1971) 4 Cal. 3d 860, City of Indio v. Arroyo (1983) 143 Cal. App. 3d 151.
The court in City of Imperial Bcach v. Escott (1981) 115 Cal. App. 3d 134, struck down
an ordinance requiring a conditional use permit to operate an adult bookstore, because it gave
public officials too much discretion and so violated the First Amendment. The ordinance
required findings such as that the proposed use`will not be detrimental to the health, safety or
general welfare of persons residing or working in the vicinity -which is very similar to
Finding No. 1 required by Contra Costa County in County Code section 26-2.2008. The cow-t
rejected a permitting scheme that created subjective standards open to interpretation and abuse,
rather than the precise "objective" measurement demanded by the First Amendment. This use
permit requirement was held to be "unconstitutionally vague; overbroad, and a prior restraint
against . . . protected activity." Other California and federal courts have rejected similar
situations imposing open-ended use permit requirements on activities protected by the First
Amendment.
Conclusion
We have a situation with Contra Costa County public officials using their authority on an
arbitrary and ad hoc basis, without adequate objective controls. In the process they have
infringed on the First Amendment right to solicit charitable and political contributions. This is
evidenced by staff's (1) wrongly characterizing the activity as "commercial", (2)prejudging that
a use permit could never be issued, and(3) issuing an overly broad threat of code enforcement.
This is exactly the situation feared by the United States and California Supreme Courts.
If the Board of Supervisors truly believes that such fundraising activities should be
regulated, then the only proper means is to adopt an ordinance covering this topic, narrowly
drawn to respect constitutional rights. That ordinance then must be evenly applied throughout
the county. Every fundraiser on residential property would have to be regulated: small-scale
TXEIS/203589-2
05/29/2001 14:28 FAA 925 2565975 U007/007
Contra Costa County Board of Supervisors
May 29, 2001
Page 5
benefits for local schools and youth sport teams; meet-the-candidate parties; and galas held to
support charities.
These types of events at private residences are no secret; they are common throughout the
County. I am sure that each Supervisor is frequently invited to such fundraising events.
Requiring a land use permit under current County Codes would be unconstitutional; imposing
any type of permit requirement would be an unreasonable—and unnecessary—burden.
The County always has the opportunity to declare that an event is a public nuisance and
take appropriate action—within constitutional limits. Mr. Scher has held a variety of events on
his property during the past 13 years,both family gatherings and fundraisers for political,
religious and charitable causes—some with live entertainment and many more guests than
intended for the Parkinson's Institute benefit—without once having the police called, a nuisance
complaint filed, or a neighbor complaining directly.
This situation has had a chilling effect on Mr. Scher's use of his own home. He had
considered holding other fundraising events,but now cannot make any plans. The Board must
uphold this appeal, declare the stage and amphitheater legal accessory uses of the property,
cancel staff's threat of enforcement action, and direct that Mr. Scher may host charity and
political fundraisers without intimidation or harassment.
Sincerely,
ARCHER NORRIS
Edward L. Shaffer
ELS:la
encl.
cc: Members, Board of Supervisors
Dennis Barry, Director of Community Development
Catherine Kutsuris, Deputy Director
Greg Staffclbach, Building Inspection Department
Diane Silver, Deputy County Counsel
Danny Scher
TXELS/203589-2
Danny Scher
500 Coventry Road •Kensington, CA 94707
510/526-6511•Fax: 510/526-6522
April 3, 2001
Ms. Aruna Bhat
Contra Costa County
Application and Permit Center
651 Pine Street, Fourth Floor
Martinez, CA 94553
Re: Legal non-conforming amphitheatre and stage
500 Coventry Road
Kensington, CA 94707
Dear Ms. Bhat:
This letter is to respectfully request that the amphitheatre and stage that has been on my
property since 1924 be given "legal non-conforming" (grandfather) status.
Joel Hildebrand built the house I live in at 500 Coventry Road in Kensington, CA in
1924. The natural bowl, which is part of the property, has always been the seating area
for a stage, which he constructed shortly after the house was built. The stage was built
for his daughter, Louise, who wanted to be a dancer. The stage and amphitheatre have
been used since the 1920's to hold parties, weddings, anniversaries, benefit concerts,
fundraisers, Bat Mitzvahs and Bris (Jewish religious ceremonies).
As proof that this stage existed prior to March 1947, enclosed please find the following:
• Pictures of the amphitheatre taken sometime in the 1920's and in March 2001.
You will note that there were no trees around the stage in the earlier photos, but
there are very large ones there now. Also, there was no Bay Bridge in the
former, which was built in 1939.
• Notarized statement from Louise Hildebrand Klein attesting to the fact that the
stage was built for her as a young girl and how it has been used since the
1920's.
• Notarized statement from Milton Hildebrand, Louise's brother, attesting to the fact
that the stage was built for his sister and that he has recollections of it being
constructed. He also remembers it being used for weddings and parties.
• Notarized statement from Roger Hildebrand, Louise's brother, stating that his
father had the stage built around 1932, or earlier, for his sister, Louise, on which
to dance and have parties.
Ms. Aruna Bhat April 3, 2001 Page 2
• Copy of wedding invitation of Louise Hildebrand and Ferdinand Klein inviting
people to their wedding at 500 Coventry Rd., Kensington (on the stage) on
September 20, 1941.
• Copy of wedding invitation of Roger Hildebrand and Jane Roby inviting people to
their wedding at 500 Coventry Rd., Kensington (on the stage) on May 28, 1944.
• No deed restrictions per attached Chain of Title Guarantee.
• Copies of all building permits.
It would be a great relief to all of us to have the stage receive the "legal non-conforming"
status, since it has been here and been used since the mid-1920's. We look forward to
receiving your agreement and positive response.
Regards,
Daniel L. Scher
Owner
Enclosures
IL V I WtL vJ .J� r t =fes iar�
Danny Scher ' 500 Coventry Road • Kensington, CA 94707
5101526-6511 • Fax: 510/526-6522
Dear Neighbors: -
Recently you have received anonymous notes about the work I am doing in my-yard. I thought I would
take this opportunity to explain what 1 am doing and to set the record straight.
History .
Joel Hildebrand built my house in 1924 to replaite his house that burned down in the 1923 Berkeley fire.
His parcel of land originally consisted of a much larger piece of property that was eventually divided to
constrict other houses,including one in which you may be living. Ultimately,he kept for himself and his
faraily the piece of land where I presently live. This piece of land always included a natural amphitheatre.
Shortly after constructing the house,he added the stage for his daughter,Louise Hildebrand Klein,who
wanted to be a dancer as a young girl,and who is an adjoining neighbor of mime at 550 Coventry Road.
The grounds,amphitheatre;stage and beautifully designed Jolm Hudson Thames house were the reasons I
chose to purchase the property in 1988,
Use
Since the 1920's,the st.•ige and amphitheatre have been used for large private parties and fundraising ac-
tivities. Besides Louise's dance performances as a young girl,other events held on the stag include nu-
merous weddings(including Louise's and her 5e wedding anniversary),Bris,Bat Mitzvah parties,recep-
tions for film directors of the San Francisco J,,wisli Film Festival,birthday parties and political fundiaising
events. It has also been used for large catered lunches,dinner;,and classical music performances that have
been,auctioned off by the Kensington Hilltop Elementary School Garden Party. Guests have included a
past California State Governor,current U-S.Congressman,local successful school board candidates,
Grammy Award Winners,and leaders of business. Many of these events have had over 250 people,with-
out impacting my neighbors.
My newly landscaped home and backyard,which are within compliance of County standards,will be used
primarily for my own personal enjoyinent. Occasionally,it will be used to continue the established tradi-
tion of non-profit fundraising events. One such charity is the Parkinson's Institute for whom I will hold a
benefit on May 20.
Parking
Shuttle transportation will be provided for my guests and those wishing to park on the street will be told to
park only in legal places. Parking has never been a problem for any event that has been held here,and I
expect this tradition to continue,as well.
Kensington is a wonderful community where my children attend school and where we have lived for thir-
teen years. Our neighborhood is as much my home as it is yours,and you will find that my events in the
future will have as little impact on you as they have had in the past.
If anyone would like a personal tour of the landscaping I am doing,please give me a call;and I will gladly
show you around.
Regards,
Danny Scher Al
Graphics by Corey Scher,Age 10
frc�urJlllw/vwotir::t,.a/I,,&.rrrr�rrt•
i
.rrl��.::a�earria�r'r�f�ur•r/iu��lir
�liiJe '
i
nig.��n�irc�ii�; /�r /irriil.i��c/..�/i/r..i»C•i•.r.
ct ,i✓ir.��ir/�.n,.��r, ic••�lr.c//iriic�rri�.;
t
i
t
4
k
Mr.anJ Mrs.Granville L.Bejhl
t
rcrest(lie Pleasure of:our'conitmil
r 1 �
at the marriage of their daughter
Janie Roby E
to 1
Mr.Roger Henry I-111J llrillid
Oil Sull4a`1,the twellt`'-eighth J1,:,-
Nineteen lunclrecl and forty-lour
at th1'ee "Joc C ill the aiterilooil -
Viva Itimcli-A Coventry Road
Itotnndc of Dr.aAiry.Joel Ii.IJIIiIJArand
Berkeley,Galitornfa
r
® 'C �
1 ! • ,• �, • .� r r
! ,,) � � .� r bit. •• ,• ��_ •' �•TI� i l..
6 i..`d �'" to t r �6���; ti+. '• �• M +♦"� 4
i1! 'I _ f.• _ S. R:.
�: r , • •;�
I;•s a, •, x a• � �� t 1.a:.J•+ ��a}'r l ;�+�,� ', may' rW}�+•
�` }� 3"�Z ti r' ti �� � _ fit• '` � , tl ., • � •
so
411
�, t t� �� t,r t � r� r3 i� .. •i.y 1.'R�A ♦� r• �(
' n r •tet .�. , • ,, .� �, o �:
`;} �;'\$ c rrti } �r � w. �•w.*-•x" a �`"'z^ r-.sr''4:3 .,�:�.►y.' ,.er�'*h' ..ti
A Y a
���•i f t t 7���y, ���� • '�» ��L�,,.•° »w'1••a � 11 7 •�.� .iq • � �i�
I, u �ebru nd • h State:
To confirm a non-conforming status as required by Chapter 82-4 of the Contra .Costa CoVle
Ordinance Code, 1 hereby certify that the site listed below has been used for e c�
{. d�K,�s,gdcrdef►P�7'e5�eir• I
CO�'1 A mAtett r l" e&r Wed conturuously from 4�art a.��eY''r�►Q m;, enCe-mss. 61.<;.(f
'�n lazy
Address 1�e?e6l � �. '�t��
Parcel No. 7
To the hest 2/'my knowledge HQ. ax.
(b.c..�.J L/Ir,
- - A
ey-=0-"?-
WAjQ Cj
.._wM�L -.t '�-� we a—c,�c 0-z'� ----
r 11il1'i`.' 1(!1(?wiC'dv i)f ITIS :ill(' be<.•rltrse of the fnllOivin,f; 1ea,S'C)11:
Residence 111 ilre(1 at '�Q. QVeCllr'.
Wa.r ea.l
Other (explain.) art . S ` Y e.d, ere u n�� l tl�e I r
0-di grope kitey gi r►ce
I declare under penalty of perjury that the foregoing is true and correct, and was executed on
!�f q RLh 3a 1 2ct�l ar ���►��LC`� California.
Loal'se_ �- K rt fo�"6g=±' Kam,__-w
Print Name Signature
,SSD 2 n
Address Telephone
SUBSCRIBEWDSWORN TO.BEFOREME,;. _ ETHAN SMITH
THIS STATFMFNT SHALL BE NOTARIZED "' COMM. #1273132
THIS' �O „X R„F, NOTARY PUBLIC-CALIFORNIA
s ALAMEDA COUNTY
I My Comm.Exp.Aug.6,2004
OTARY PURL •••c
ae" """"'
!K� � I tM-� L�ial,
Qom- �C OY`e- (�
c��cj �- a6 f cn s c tJ
q44. - .�
o
O-A
l �
LAA
Qoe0LQ Jsoe
STATIE OF 174
COUNTY OF.......................�O v.......
fhod H r {.C- rwCA j Stale:
To confirm a Ston-conforming.status as required by Chapter 82-4 of the Contra Costa County
Ordinance Code, 1 hereby certify that the site listed below has been used for
L,�n - P-rl 5 G. c e-t e L btt�e5 continuously from r1 1� 1 l`� Z tb
Address
Parcel No. 7 ,l Gd —at
r t
To the best of my knowledge �ann 4e-t rn� C-`f'1e-t- L&c.� I,e.A A�I'V)A cd
rLl_S�1 Z�111 j GL. -tU
y e--V W\e-_�r-E 1,41
c /c%
flIc
1 have nno11'/l'r"l,;;l' l�jtlri� site bl'c'llrl.,'c c?�the fo/lo�iin,i rcilsoJ;.
Si1BMORUB 0 AND SWORN TO BEFORE ME
Other (explain)
BY Al(L7-OA( j f (LD-
I declare under penalty of perl.ury that the foregoing is true an.-7 correct, l spt�:.t.Wted on
(It >,7 �5 California.
rox,CA
Print Name Signature -
-- .�� - - S3- GAG
Address CA 15-64& Telephone LYNN CHRISTENSEN
Commisslon#1239287
THIS STATEMENT SHAT L BE NOTARIZED , Notary PUUIC—CQIIfomia
YOIo CouE1,9W=3
My Comm.E�eS
1, State:
To confirm a cion-conforming status as required by Chapter 82-4 of the Contra Costa County
Ordinance Code, I hereby certify that the site listed below has been used foroe—
_
0 _ ; �'o �✓� continuoi� ly from l 93S
Address _.> a� � E�<' ,� /�
Parcel No. /4/5- — r -�l —1,t 7 -is
To the best of my knowledge ,
_� .[i✓t l g'�� Lyf�tyryl eLl � R3 2 Y
,�,$4010� 011240L,
, .lam 4eZ6
1
/tuie know ed;e c.>f rhi, ,rrc .�c�<<tcc' Y/ r/tc folimvlrt,� reascm. 11733_
Residerlce in area in - �� - ----- ---
Other (explain)
4
� v
I declare Calder perialt-Y of perjury that the foregoing is true alid correct, and tivas executed on N
51,1-10 to
1�Rc.H ZG Z 00 1 at c, �G�, 4a�T� LvG3"l C- ife► t. '�
v
,
R1..Lf.Le_b_ n�l J
Pr"[111 7CI112e Sigil lireQ
Q d
Address Telepholle
chc-,ao/cJ, 60&37 " OFFICIAL SEAL "
THIS STATEMENT SHALL BE NOTARIZED RUDOLPH A. BANOVICH
<•�.,,,� : NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES 5/28/2004
Kensington Improvement Club
103 Highland Blvd.
Kensington, Ca. 94708
June 21, 2001
John Gioia, Supervisor District 1
Contra Costa County Board of Supervisors
11780 San Pablo Avenue, Suite D
Ei Cerrito, California 94530
Re: Amphitheatre and Stage at 500 Coventry Road,Kensington, California
Dear Supervisor Gioia:
We write to you on behalf of the Board of Directors of the Kensington Improvement Club("KIC"). As you may know,
KIC is the oldest civic organization in our community and our membership includes over 700 households. Periodically the
KIC Board takes a position on matters affecting the public interest, such as tile appeal of Mr. D. Scher from the decision of
the Co m.munily Development.Department denying permission to Mr. Scher for use of an amphitheatre at his residence
located at 500 Coventry Road as a legal non-conforming use. The KIC Board believes that the decision of the Community
Development Department denying such permission was and is correct, and that such denial should be affirmed by the
Board of Supervisors on the pending appeal.
The Coventry Road area, indeed, almost all of Kensington is zoned as R-0, residential property. Tile proposed use of the
newly constructed aniphilheatre for concerts appears to be commercial in every respect, notwithstanding that the applicant
may intend to turn net profits over to various charities. We understand that advertising,advance ticket sales,and service of
alcoholic drinks to audiences of up to 250 people at a time are intended to occur at the proposed events. Sucli use, if
approved, would set a precedent that would affect our entire community.
Along that area of Coventry there are no sidewalks. and in some places, two cars can pass each other only with great
difficulty if there are any cars parked on the road. Although Mr. Scher may make many representations regarding what lie
will try to do to ameliorate the profoundly negative impact of a deluge of people ili such a small area, it is unlikely such
efforts could avoid the imposition of all extraordinary burden upon neighbors. Mr. Scher cannot effectively prohibit
attendees from traveling to the site by car, nor can lie guarantee their conduct. %\Nether they have been drinking alcohol or
not. If there is an emergency, the difficulty in getting emergency vehicles and personnel to the area could be substantially
increased.
The anlphilheatre is located in a canyon,and even unaniplified sound echoes through and up the slope. That segment of
Coventry Road(and its surrounds) is extremely quiet and beautiful. Moreover. the community at large would be adversely
affected by such noise.
Should an eleemosynary use pen-nit be requested, the KIC Board believes that the very same issues which concern us on
this appeal would prevail and the request should be refused.
We trust that the Board of Supervisors will affirmi the decision of the Conuiiunity Development Department, and in so
doing,preserve the integrity of the zoning process. This process has protected all of Kensington's residents including Diose
of the dignified and beautiful Coventry Road area.
Very truly yours,
Linda G.Lipscomb Gloria Morrison
Board President Board President Elect
cc: Federal Glover,Supervisor District 5
Mark DcSaulnier,Supervisor District 4
Donna Gerber,Supervisor District 3
Gayle Uilkema,Supervisor District 2
Dennis Barry,Dir.,Convnunity Development Department
Catherine Kutsuris,Deputy Dir.,Community Development Department
Amina Bhat,Planning Division Manager,Community Development Department
June 27, 2001 -
Supervisor John Gioia
Contra Costa County - I" District
11780 San Pablo Ave. Ste. D
El Cerrito, CA 94530
With copies to:
County Board members, Federal Glover, Mark DeSauliner. Donna Gerber& Gayle Uilkma,
Community Development Department, Director Dennis M Barry, Deputy Director, Catherine
Kutsuis, and Manager .Aruna Baht;
Kensington Municipal Advisory Council Chair, James Carmen
Dear Supervisor Gioia,
We are writing to you in regard to Mr. Danny Scher's recently constn►cted amphitheater and its
planned use at his property at 500 Coventry Rd., Kensington, CA.
Mr. Scher has filed an appeal with the Contra Costa County Board of Supervisors to overturn a
ruling by the Contra Costa County Community Development Department which has denied him a
legal non-conforming use permit to conduct concerts at that site. We have been informed by that
department that a hearing on this appeal will be scheduled for 100 PM on July 17, 2001 at the
Board of Supervisor's meeting.
We, who are Kensington residents and neighbors of Mr. Scher wish you to know our position on
this matter.
Mr. Scher contends that he is entitled to a non-conforming use permit (grand-fathering) based on
his claim that the concerts which he intends to hold at his new amphitheater are no different than
events held at that site in the past. We strongly disagree. Nothing on the scale which Mr. Scher is
proposing has occurred in the past. A number of the residents whose signatures appear below
have lived in the immediate area Of the amphitheater for more than 50 years and can attest to the
long-term history oftlie use of this site. Their experience contradicts Mr. Scher's claims.
We fully support the Contra Costa Community Development Department's opposition as stated in
Ms. Catherine Kutsuris letter- dated April 23, 2001 addressed to Mr Scher.
in addition, the concerts planned by Mr. Scher raise the following concerns:
- increased levels of noise from amplified music and from concert attendees
- excessive night-time illurnination
- potential sanitation problems for large crowds
- traffic congestion & parking (legal & otherwise) on our narrow streets
Continued
Julie 26, 200/ leller to Supervisor Johtt Gioia cottlitmed
- adverse effects on emergency response time in a high fire hazard area when concerts
are held. 250 attendees scrambling to evacuate to their transportation could severely
interfere with fire fighting equipment and efforts
- potential security, behavior and fire risk problems because of liquor being served to a
large number of people
- large numbers of additional people in an otherwise quiet residential area and the
loss of the privacy the neighborhood has enjoyed
- significant reduction in property values (one property owner has already been informed
of such devaluation of his property from the construction of the amphitheater.)
Mr. Scher's planned commercial events are totally inappropriate for this otherwise quiet and
peaceful neighborhood.
Should Mr. Scher still wish to gain a permit for commercial events at his site, he should be
directed to submit a request f'or a land use permit so that it can be subjected to the normal review
process.
Therefore, we respectfully ask you and the other members of the Contra Costa County Board of
Supervisors to reject Mr. Scher's appeal.
Thank you for your consideration.
Sincerely,
-�' SIGNATURES: ADDRESSES-
\ I SSS COV54I Y � 9FA1SI N6 I W) CIS
r G�
T t(? -t C'-c'�✓ � �L �1,7
June 20, 2001 leller ioSupervisor John Gioia continued
SIGNATURES: ADDRESSES:
/ qq � j/ ��f ��1
He,)(t
yllz'' eel
C7
guE �I
4Fek4-1-67 9'q�
f �f � :
tt
T.)
7, 'Cl
3(04
June 26, 2001 leller to Supervisor John Gioia conlinued
SIGNATURES: ADDRESSES:
G� U
K2
Au
)J
L
f �( GyG
.Tulle 26, 2001 lefler to.l'upervisor.1ohn Gioia continued
SIGNATURES: ADDRESSES:
1
LA
�76-
ID. lk - T
oJ
1
V i'
June 4`h, 2001
Ms. Aruna Bhat, Principal Planner
Community Development Departn{ehtiC Cps�ago2r
651 Pine Street, 4th Floor, North Wing
Martinez, CA 94553-0095
Dear Ms. Bhat,
As you know, we have been very concerned with the planned public use of the"amphitheater"at
500 Coventry Road, adjacent to our property at 10 Kenilworth Court, in Kensington.
We have received a copy of the letter sent to Mr. Scher by Catherine Kutsuris dated April 23,
2001, as well as a copy of subsequent letter to Ms. Sun-Look dated May 1], 2001 clarifying the
appeal period. Based on our knowledge of past use of the property at 500 Coventry Road as
related by neighbors who have lived in this area for as long as 40-50 years, the arguments that
Mr. Scher allegedly used in applying for"legal non-conforming use"do not reflect the actual
historic use. We strongly support the position that Ms. Kutsuris has taken in denying Mr. Scher's
request.
We now understand that Mr. Scher has formally appealed this decision and that there will be a
hearing on July 17`h to be held in Martinez. We hope that the Board of Supervisors will affirm
your earlier decision. We will be present at this hearing.
If Mr. Scher should apply for a land use permit at a later date, we hope that we will have an
opportunity to voice our additional concerns. These include the issues of: (1)public events in a
residential neighborhood, (2)changes in the nature of the neighborhood that use of the
"amphitheater"will create, (3)reduction of property values in the neighborhood, (4)concerns
about the safety and security of the neighborhood,(5) logistical problems that will arise(traffic
congestion, parking, liquor sales, sanitation facilities, fire hazards, access to and from
neighboring resident's homes, noise from an amplified outdoor sound system, and intrusive
lighting from tree- and ground-based lighting systems), and(6)rights of residents to the quiet
enjoyment of their homes and property.
Thank you for your consideration.
Sincerely yours,
i
%
Ge rge and Gloria Kwei
10 Kenilworth Court
Kensington, CA 94707
(510)559-3777
kwei 1 _llnl.gov
Cc: Supervisor John Gioia, District 1, 11780 San Pablo Avenue, El Cerrito, CA 94530
Director Dennis Barry, Community Development Dept., Contra Costa County
Dep. Director Catherine Kutsuris, Community Development Dept., Contra Costa County
Mr. James Carmen, Chair, Kensington Municipal Advisory Council
Mr. Robert Giusti, 112 Willow Lane, Kensington, CA 94707
June 9,2001
Ms.Aruna Bhat, Division Manager
Community Development Department,Contra Costa County ' 'f 2: 00
651 Pine Street,4"'Floor, North Wing
Martinez,CA 94553-0095
Dear Ms. Bhat:
We understand that the Contra Costa County Community Development Department is preparing a
submittal to the Board of Supervisors regarding Mr. Danny Schef's proposed property use for
commercial fund-raising concerts. Apparently, Mr. Scher's appeal of the County's denial is based
largely on alleged prior continuous use of the property for such events.
Our home for the past 34 years has been at One Marchant Court, Kensington, and Mr. Scher's
property at 500 Coventry Road is less than 500 feet away. The owners of 500 Coventry, prior to Mr.
Scher,were the Hildebrands,and they had a small stage area in the yard which they occasionally used
for personal entertaining, including university friends and colleagues of Professor Hildebrand. We were
never aware of any commercial uses of the property by the Hildebrands such as those planned by Mr.
Scher.
We moved to Kensington because we treasure the quiet, residential atmosphere and the respectful
attitude of our neighbors. It is astounding to us that Mr. Scher would propose to hold amplified concerts
for up to 250 attendees in a neighborhood never planned or zoned for such use.
The County has our strongest support for their position against Mr. Scher's proposed commercial use
of the property and we will attend the July 17�' hearing in order to lend our support to the denial of Mr.
Scher's appeal.
Respectfully yours,
A
William R. Buehring
and
ertrude C. Buehring
One Marchant Court
Kensington, CA 94707
CD
Supervisor John Gioia
100 37th St. . Room 270
Richmond, CA 94805
Dear Supervisor Gioia,
.a
I have lived in Kensington for 55 years. A rock star
moved into our neighborhood three years ago. We have
successfully struggled to get him to soundproof a
room inside his house, which he used for practicing.
Even though his small band was inside the house, we
found it diffigplt to hold a conversation on our deck
or to sleep at 'night..
Now I am appalled to hear that Danny Scher, formerly of
Bill Graham presents, wants to subject Kensington residents
to ou*door, fully amplified concerts at 500 Coventry Road.
This is clearly an invasion of privacy and breaks all
residential zoning .iawts;
I commend. the Supervisors for turning .him down the first
time aroundand hope that the legal appeal battle which
.is apparently shaping up will not change your minds.
We, in Kensington, say "NO LOUD COMMERCIAL AND BENEFIT
CONCERTS IN OUR NEIGHBORHOOD" .
I cannot imagine the traffic and parking problems. it
would involve.
You are our governmental leaders, as we have no city council .
The County has always been fair and abided by the zoning in Ken
sington. Please do it again.
CIbially,
Joan M. Haber
86 Norwood Ave.
Kensington, 94707
510-526-7205
cc Dennis Berry
Community Development Director
County Administrator
Joan K. Groom
464 Coventry Road
Kenisington, CA 94707
June 3, 2001
Ms. Aruna Bhat
Community Development Department
County Administration Building
651 Pine St. 4`t' Floor, North Wing
Martinez, CA 94553-0095
Dear Ms. Bhat;
I urge you to deny Mr. Scher's appeal to consider his planned event as a
legal non conforming use. The planned concerts are fundamentally different
than any activity that has previously taken place on that property.
In the 50 plus years I have lived here or been here on a regular basis, there
were never any concerts, public or private, until Mr. Scher moved in, in
1988. Prior to that the property was use for small private or family
functions; not public, commercial affairs consisting of as many as 250
people, amplified music and liquor.
I don't want to see the quiet, peaceful neighborhood shattered by loud music
and extreme traffic congestion.
Thank you for taking our concerns on this matter into consideration.
cere 11y,
J an K. Groom
Cc: Supervisor John Gioia
June 4`h, 2001
Ms. Aruna Ba,Qcipal Planner
Community.Development Department, Contra Costa County
651 Pine Street, 4`h Floor, North Wing
Martinez, CA 94553-0095
Dear Ms. Bhat,
As you know, we have been very concerned with the planned public use of the"amphitheater" at
500 Coventry Road, adjacent to our property at 10 Kenilworth Court, in Kensington.
We have received a copy of the letter sent to Mr. Scher by Catherine Kutsuris dated April 23,
2001, as well as a copy of a subsequent letter to Ms. Sun-Look dated May 11, 2001 clarifying the
appeal period. Based on our knowledge of past use of the property at 500 Coventry Road as
related by neighbors who have lived in this area for as long as 40-50 years, the arguments that
Mr. Scher allegedly used in applying for"legal non-conforming use"do not reflect the actual
historic use. We strongly support the position that Ms. Kutsuris has taken in denying Mr. Scher's
request.
We now understand that Mr. Scher has formally appealed this decision and that there will be a
hearing on July 17`h to be held in Martinez. We hope that the Board of Supervisors will affirm
your earlier decision. We will be present at this hearing.
If Mr. Scher should apply for a land use permit at a later date, we hope that we will have an
opportunity to voice our additional concerns. These include the issues of: (1)public events in a
residential neighborhood, (2) changes in the nature of the neighborhood that use of the
"amphitheater" will create, (3)reduction of property values in the neighborhood, (4)concerns
about the safety and security of the neighborhood, (5)logistical problems that will arise(traffic
congestion, parking, liquor sales, sanitation facilities, fire hazards, access to and from
neighboring resident's homes, noise from an amplified outdoor sound system, and intrusive
lighting from tree-and ground-based lighting systems), and(6)rights of residents to the quiet
enjoyment of their homes and property.
Thank you for your consideration.
Sincerely yours,
George and Gloria Kwei
10 Kenilworth Court
Kensington, CA 94707
(510)559-3777
kwei 1 nllnl.gov
Cc: Supervisor John Gioia, District 1, 11780 San Pablo Avenue, El Cerrito, CA 94530
Director Dennis Barry, Community Development Dept., Contra Costa County
Dep. Director Catherine Kutsuris, Community Development Dept., Contra Costa County
Mr. James Carmen, Chair, Kensington Municipal Advisory Council
Mr. Robert Giusti, 112 Willow Lane, Kensington, CA 94707
June 4`h, 2001
U1 if'F _S
Ms. Aruna Bhat, Principal Planner- �11 0: 02
Community Development Department, Contra Costa County
651 Pine Street, 4`h Floor, North Wing
Martinez, CA 94553-0095
Dear Ms. Bhat,
As you know, we have been very concerned with the planned public use of the"amphitheater"at
500 Coventry Road, adjacent to our property at 10 Kenilworth Court, in Kensington.
We have received a copy of the letter sent to Mr. Scher by Catherine Kutsuris dated April 23,
2001, as well as a copy of a subsequent letter to Ms. Sun-Look dated May 11, 2001 clarifying the
appeal period. Based on our knowledge of past use of the property at 500 Coventry Road as
related by neighbors who have lived in this area for as long as 40-50 years, the arguments that
Mr. Scher allegedly used in applying for"legal non-conforming use"do not reflect the actual
historic use. We strongly support the position that Ms. Kutsuris has taken in denying Mr. Scher's
request.
We now understand that Mr. Scher has formally appealed this decision and that there will be a
hearing on July 17`h to be held in Martinez. We hope that the Board of Supervisors will affirm
your earlier decision. We will be present at this hearing.
If Mr. Scher should apply for a land use pennit at a later date, we hope that we will have an
opportunity to voice our additional concerns. These include the issues of. (1)public events in a
residential neighborhood, (2)changes in the nature of the neighborhood that use of the
"amphitheater" will create, (3)reduction of property values in the neighborhood, (4) concerns
about the safety and security of the neighborhood, (5)logistical problems that will arise(traffic
congestion,parking, liquor sales, sanitation facilities, fire hazards, access to and from
neighboring resident's homes, noise from an amplified outdoor sound system, and intrusive
lighting from tree- and ground-based lighting systems), and(6)rights of residents to the quiet
enjoyment of their homes and property.
Thank you for your consideration.
Sincerely yours,
Ge ftd�GWIoria Kwei
10 Kenilworth Court
Kensington, CA 94707
(510) 559-3777
kwei I(a,llnl.gov
Cc: Supervisor John Gioia, District 1, 11780 San Pablo Avenue, EI Cerrito, CA 94530
Director Dennis Barry, Community Development Dept.,Contra Costa County
Dep. Director Catherine Kutsuris, Community Development Dept., Contra Costa County
Mr. James Carmen, Chair, Kensington Municipal Advisory Council
Mr. Robert Giusti, 112 Willow Lane, Kensington,CA 94707
554 COVENTRY ROAD
BERKELEY, CALIFORNIA 94707
01 &,t,1 0 1tu "t,Division Manager, Community Development Dept.,Contra Costa
nN
Re: Sher Ampitheater, 500 Covntry Rd, Kensington
Dear Ms. Baht,
I have lived at 554 Coventry Road in Kensington since March of 1957, almost 44
years. The rear of my two large lots on Coven try Road abut Sher's property directly
above his new ampitheater and fireplace gathering area.
I know the area well. We were not only neighbors but good friends of the original
owners, Joel and Emily Hildebrand and many of their family. We celebrated many
occasions together over the years. In all that time, the only use of the area was for family
gatherings --never with loud music and certainly never with use of microphone,
amplification or bright lights.
The area was just a sloped woodland, at the bottom of which Joel had built a
crude platform where his daughter Louise danced and was married back in the late 20's
and 30's. There were no seats.
I cannot imagine how Sher could invade our quiet residential neighborhood and
inflict his extravagant dreams on us and contravene all normal zoning by-laws with all
its accompanying negative aspects, such as amplification of sound, lighting, parking
congestion on our narrow, winding streets, commercialism and depreciation of property
values.
We are depending on you,our County Authorities, to prevent this encroachment
and appreciate your help in this upsetting and painful matter.
Sincerely,
c
?eanukulan Reilly
_6
Ale
I
T� Ara
Date: Sat, 05 May 2001 14:41:32 -0700
To: ccc_cdd@yahoo.com
From: "Toni (J Folger-Brown)"
Subject: Non-conforming use permit for Scher's Coventry Rd. property
CC: thoyer@uclink4.berkeley.edu
Catherine Kutsuris,
I am responding to the last of several news paper articles regarding Dan
Scher's desire to hold benefit concerts at his Coventry Road, Kensington
residence. My husband and I were apparently not available when the
petition was being signed, but since this amphitheater is located directly
across the street from our residence, we support the Counties decision to
deny Scher's request to hold events. My parents built my home in 1937 and
I have lived in it most of my life (starting in 1942). My parents are
still Kensington residents, at another location, and none of us remember
any events that the Hildebrant's held as being disruptive because they were
generally family events with much less than 250 participants, most of which
were held before the area was developed and filed with vehicles. I know
several near residents that have lived in this area since the 1930's and I
would find it very hard to believe that Scher could find anyone other than
Louise Klein who would concur with his view that this property has been
used to hold events of the type and scale that he plans to put on. He is
selling tickets, will sell alcohol, will amplify the sound and undoubtedly
will fill the neighborhood to overflow with cars.
I would like to be informed if there are any future hearings, etc.
regarding this situation. We are both definitely opposed to amphitheater,
and feel that it does not fit the definition required for nonconforming use.
J Folger-Brown
Timothy P. Hoyer
555 Coventry Road
Kensington, CA 94707
510.526.8794
Do You Yahoo!?
Yahoo! Auctions $2 Million Sweepstakes - Got something to sell?
April 20`h, 2001
Catherine Kutsuris, Deputy Director Uj
Community Development Department, Contra Costa County
651 Pine Street,4`'Floor,North Wing ,
Martinez, CA 94553-0095
Dear Ms. Kutsuris,
We have been very concerned with the construction of an amphitheater with seating for
250 at 500 Coventry Road in Kensington, CA, and its planned public use.
It is our understanding that the use of this land(owned by Danny Scher and zoned
Residential), for jazz concerts and other public events of comparable scale, would be in
violation of the zoning code unless a Conditional Use Permit or a Land Use Permit is
granted. A public hearing should be held so that affected neighbors can voice their
concerns about potential impacts on the safety and security in the neighborhood, and to
make sure that such a Permit would not change the character of the neighborhood. To the
best of our knowledge, this has not yet happened.
The first such event will be a benefit for the Parkinson's Disease Foundation, to be held
on May 20`x' this year. Additionally, we have learned that the Foundation has applied for a
one-day license from the Department of Alcoholic Beverages in Oakland to sell alcoholic
beverages.
We are trying to arrange for a meeting with Mr. Scher after his return on May 15'h from
abroad to see if we can work out any of the differences. However we would like for you
to know prior to the first planned event that, if the talks do not work out, we will be
making a request for a public hearing to discuss our views on the granting of a permit.
This way, informed decisions can be made by the County as to whether such a variance
should be granted for large public events in a Residential area.
Sincerely yours,
Ge e and Gloria Kwei
10 Kenilworth Court r t,,�,• a c, �x-�
Kensington, CA 94707
(510) 559-3777 (home)
(925)422-9311 (work for George)
(925)422-9380 (work for Gloria)
kwell@llnl.gov
May 15, 2001
Catherine Kutsuris, Deputy Director
Community Development Department, Contra Costa County
651 Pine Street,4'floor, North Wing
Martinez, CA 94553-0095
Dear Ms. Kutsuris,
I am writing because I have learned that Danny Scher is appealing the county's decision
not to allow him to stage concerts at his 250-seat amphitheater at 500 Coventry Road in
Kensington. He is appealing this decision, he says in a letter sent out to neighbors, "on
the grounds that the amphitheater has been used for similar nonprofit fundraisers over the
years." c
I grew up across the court from 500 Coventry at 2 Kenilworth Court from 1951 to 1970;;
lived next door to my mother from 1989 to 1997, and moved back into my childhood --
home in '97, after my mother had a stroke. During the years from 1970-89, 1 lived in
North Oakland and visited my mother frequently, so I am very aware of what went on at
the Hildebrands' at 500 Coventry. As a child, I was at the Hildebrands' house often,
played on the ballfield every summer, and helped Joel Hildebrand clean his fish pond w
many times. Not once did I ever see a concert, nonprofit or otherwise, held in the
"amphitheater"--except after Danny Scher bought the property. In fact, during a recent
conversation I had with Louise Hildebrand Klein,Joel and Emily Hildebrands' daughter
and apparently the "witness" to these concerts, she admitted to me that she thought of the
area as an amphitheater only because of its shape and not its use(I had never before
heard it referred to as such),and that it had never been used in the way that Danny
intended. The fact that Louise had a couple of dance recitals there in the '20s hardly
constitutes prior use.
I might also add that there were never seats or benches in this supposed "amphitheater"--
it was a lovely stretch of ivy and plants until Danny put in redwood benches and then
rock and flagstone. The only fundraisers that have been held at 500 Coventry have been
Danny's--and each time his parties have created a parking and litter problem. It's become
a neighborhood joke that "it's time to leave town because Danny's having a party." I can
hardly imagine what 250-person affairs would be like.
But the main reason I'm writing is because it truly upsets me that history would be
"stretched" in this way. Joel and Emily Hildebrand were very particular about respecting
the truth--and that is a "prior use" we should all follow.
Sincerely,
Linnea Due
2 Kenilworth Court
Kensington, CA 94707 (510)525-8981
Community Contra - Dennis M. Barry, AICP
Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Wing
Martinez,California 94553-0095
Phone: r(925) 335-1276 ` ...r�
May 29, 2001
Ms. Jean K. Reilly
554 Coventry Road
Berkeley, CA 94707
Dear Ms. Reilly:
I am in receipt of your letter dated May 21, 2001 regarding the activity at 500
Coventry Road in Kensington on May 20th
I am requesting that staff include your letter in any report to the Board of
Supervisors on Mr. Sher's appeal of our determination rejecting his assertion
that a legal non-conforming use has been established, i.e., he claims
'grandfathering rights." A hearing on the appeal is tentatively scheduled
before the Board of Supervisors on Tuesday, July 17, 2001 at 1:00 p.m.
Hearings are held in the Board of Supervisors chambers, 651 Pine Street, 1st
Floor, Room 107, Martinez, California.
If you need .additional information, please contact Ms. Aruna Bhat, Project
Planner, at 925.335.1219.
Sincerely,
Dennis M. Barry, AIC
Community Deve ent Director
DMB:gms
dmb5/Reilly—amphitheater Itr .
c:. Catherine Kutsuris, Community Development Department
Aruna Bhat,w/enclosure.
Office Hours Monday - Friday:8:00 a.m.- 5:00 p.m.
Office is closed the 1 st, 3rd & 5th.Fridays of each month
554 COVENTRY ROAD
n BERKELEY, CALIFORNIA 94707
0t1 Ll
�1
7 /1
j �'-4-d�i 1��• l
1, ,-
1
f
Toni(J To: abhat@cd.co.contra-costa.ca.us
l �' 'Folger-Brown)"
dhoyer@uc1ink4.berk
eley.edu> cc:
Subject: Fwd: Non-conforming use permit for Scher's Coventry Rd. property
05/24/2001 01:09 PM
Aruna Bhat,
Per our recent phone conversation, below is the email message that I sent
Ms Kutsuris. I believe that it covers most of the issues that we discussed.
I would like to know how we should proceed should Mr. Scher's permit
request be denied and he holds events anyway. You said that a valid
complaint might require the presence of an officer of the court (to
validate the complaint) . Since the neighbors may not know in advance that
concerts are planned, could the Kensington Police validate the complaint?
If this is not something that you normally handle could you refer me to
someone that does -- please. A name and an email address would be great.
Thank you for help! -toni
>X-Sender: thoyer@uclink4 .berkeley.edu
>X-Mailer: QUALCOMM Windows Eudora Pro Version 4.0.1
>Date: Sat, 05 May 2001 14:41:32 -0700
>To: ccc_cdd@yahoo.com
>From: "Toni (J Folger-Brown) " <thoyer@uclink4.berkeley.edu>
>Subject: Nori-conforming use permit for Scher's Coventry Rd. property
>Cc: thoyer@uclink4.berkeley.edu
>Catherine Kutsuris,
>I am responding to the last of several news paper articles regarding Dan
>Scher's desire to hold benefit concerts at his Coventry Road, Kensington
>residence. My husband and I were apparently not available when the
>petition was being signed, but since this amphitheater is located directly
>across the street from our residence, we support the Counties decision to
>deny Scher's request to hold events. My parents built my home in 1937 and
>I have lived in it most of my life (starting in 1942) . My parents are
>still Kensington residents, at another location, and none of us remember
>any events that the Hildebrant's held as being disruptive because they were
>generally family events with much less than 250 participants, most of which
>were held before the area was developed and filed with vehicles. I know
>several near residents that have lived in this area since the 1930's and I
>would find it very hard' to believe that Scher could find anyone other than
>Louise Klein who would concur with his view that this property has been
>used to hold events of the type and scale that he plans to put on. He is
>selling tickets, will sell alcohol, will amplify the sound and undoubtedly
>will fill the neighborhood to overflow with cars.
>I would like to be informed if there are any future hearings, etc.
>regarding this situation. We are both definitely opposed to amphitheater,
>and feel that it does not fit the definition required for nonconforming use.
>J Folger-Brown
>Timothy P. Hoyer
>555 Coventry Road
>Kensington, CA 94707
>510.526.8794