HomeMy WebLinkAboutMINUTES - 03142006 - D.4 l
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TO. BOARD OF SUPERVISORS
Contra
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FROM: DENNIS M. BARRY, AICP Costa
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COMMUNITY DEVELOPMENT DIRECTOR "J4 County
'T�ciicnt'
DATE: March 14, 2006
SUBJECT: RODOLFO SALDANA (APPLICANT & OWNER) RUBY MOLINARI & ELEANOR
LOYND (APPELLANTS). THIS IS A CONTINUED HEARING ON AN APPEAL OF THE
COUNTY PLANNING COMMISSION'S DECISION TO UPHOLD THE ZONING
ADMINISTRATOR'S DECISION TO APPROVE A LAND USE AND DEVELOPMENT
PLAN PERMIT TO ALLOW THE CONSTRUCTION OF AN AUTOMOTIVE
REPAIR/GARAGE AT 4653 APPIAN WAY IN THE EL SOBRANTE AREA (LP042089)
(DISTRICT 1).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS
A. UPHOLD the appeal and DENY the County Planning Commission decision to approve LP042089
to allow a 5,000 square foot automotive repair shop.
B. ADOPT the attached findings as the basis for the Board's action.
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CONTINUED ON ATTACHMENT: X YES SIGNATURE GLS
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON O APPROVED AS RECOMMENDED X OTHER
V E 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: Lorna Villa (335-1236) ATTESTED
cc: Rodolfo Saldana JOHN CULLEN, CLERK OF THE BOARD OF
Paul Ruazol SUPERVIS SAND COUNTY ADMINISTRATOR
Ruby Molinari
Eleanor Loynd
B PUTY
0
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March 14, 2006
Board of Supervisors
File#LP042089
Page 2
II. FISCAL IMPACT:
None. The applicant is responsible for all staff time and material charges.
III. BOARD OF SUPERVISORS REVIEW OF APPLICANT'S APPEAL
The Board of Supervisors conducted a hearing on the appeal at its March 7, 2006 hearing. After
accepting and considering all testimony, the Board declared its intent to deny the Land Use Permit
and continued the matter to this date to allow for the preparation of findings for the Board to consider
and adopt.
IV. RECOMMENDED FINDING TO SUPPORT DENIAL OF THE APPLICATION
As directed by the Board, Exhibit A contains findings recommended to support denial of the
application. The findings are based on oral testimony and written documentation submitted.
V. ORDINANCE LIMIT ON REFILING A NEW LAND USE PERMIT APPLICATION
Pursuant to Ordinance Code Section 26-2.2003, if the Board denies the application,the County may
not accept a new land use and development plan permit application for one-year ("grace") period
from the date of the Board denial, unless:
(1) the applicant shows material change in the circumstances upon which the denial was based;and
(2) The Community Development Director accepts the new filing on these grounds. If the
Community Development Director rejects the new application, he shall communicate his reasons
to the applicant.
1"Materially changed circumstances" is defined as:
(A) The proposed use or variance is significantly different from that originally applied for and/or
(B) The lot involved has been diminished or enlarged with the result that the proposed use or variance
would be more compatible to the revised lot than the situation originally applied for; and/or
(C) There has been a change in zoning classification which significantly affects this land.
GACurrent Planning\curr-plan\Board\Board Orders\LP042089Denial.doc
EXHIBIT A
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
APPEAL OF:
Rodolfo Saldana (Applicant &
Owner)
Ruby Molinari (Appellant)
Eleanor Loynd (Appellant)
FINDINGS DENYING
4653 Appian Way COUNTY PLANNING
El Sobrante area COMMISSION APPROVAL
OF LAND USE &
DEVELOPMENT PLAN
PERMIT (FILE #LP042089)
After notice was issued as required by law, this matter was scheduled
for hearing before the Board of Supervisors on March 7, 2006 at 1:00 p.m.
The purpose of the hearing was to consider an appeal filed by Ruby Molinari
and Eleanor Loynd (Applicant), of a County Planning Commission decision
to uphold the Zoning Administrator approval of LP042089 to allow a 5,000
square foot automotive repair shop.
After fully considering all evidence and testimony submitted in this
matter, the Board declared its intent to deny the application and continued
the matter to March 14, 2006, to allow for the preparation and consideration
of the adoption of appropriate findings.
After considering the testimony and evidence, the Board of
Supervisors makes the following factual findings:
1. On August 18, 2004, the applicant filed for a land use
and development plan application with the County (File
Exhibit A
Findings on Appeal of County Planning Com»fission approval of
Land Use and Development Plan Permit#LP042089
#LP042089) on 4653 Appian Way seeking approval for
the construction of a 5,000 square foot automotive repair
shop.
2. On March 24, 2005, a Notice of Intent to adopt a
Negative Declaration was filed, with the comment period
extended to April 13, 2005.
3. On August 15, 2005, the County Zoning Administrator
conducted a public hearing and continued the item to the
next Zoning Administrator hearing.
4. On August 29, 2005, after notice having been issued as
required by law, the County Zoning Administrator
conducted a noticed public hearing on the proposed land
use and development plan application. The Zoning
Administrator approved the land use and development
plan application.
5. On September 7, 2005, a notice of appeal of the Zoning
Administrators decision was submitted by Ruby
Molinari, appealing the County Planning Commission
decision to approve LP042089.
6. On December 13, 2005, after notice having been issued
as required by law, a hearing on the appeal was
scheduled before the County Planning Commission. The
Board of Appeals having fully reviewed, considered and
evaluated all the testimony and evidence submitted in
this matter and voted to uphold the decision of the
Zoning Administrator to approve LP042089.
7. On December 22, 2005, an appeal of the County
Planning Commission decision by Ruby Molinari and
Eleanor Loynd was submitted, appealing the Planning
Commission decision to approve LP042089.
8. On March 7, 2006, the Board of Supervisors conducted a
hearing on the appeal of Ruby Molinari and Eleanor
A-2
F.xbibit A
Findings on Appeal of County Planning Commission approval of
Land Use and Development Plan Permit#LP042089
Loynd at which all interested parties were provided the
opportunity to testify and submit evidence. At the
conclusion of that hearing, the Board voted its intent to
deny the Planning Commission approval of the land use
and development plan application and to uphold the
appeal, and the Board continued the hearing to March 1.4,
2006 to allow for the preparation of findings for
consideration and adoption by the Board.
Evidence — Staff report presented to the County Zoning Administrator
for the August 29, 2005 hearing, staff report presented to the County
Planning Commission for its December 13, 2005 hearing, and staff
report to the Board of Supervisors for its March 7, 2006 hearing.
After considering all of the evidence and testimony submitted to the
Board of Supervisors, the Board finds that three of the seven ordinance
findings required for granting a land use and development plan permit
cannot be made for this project as follows: (C.C.C. Ord. Code § 26-2.2008):
A. Finding that is Required to be Made Under the
Ordinance Code Before Granting a Land Use and
Development Plan Permit — That the proposed
conditional land use shall not be detrimental to the
health, safety and general welfare of the county.
Board Finding — The placement of an automotive repair
shop at 4653 Appian Way will be detrimental to the long
term welfare of the immediate area and County. Within a
half block is an approved 31 unit subdivision. The
surrounding area consists of an apartment building and
other single family residences. The establishment of a
repair shop would be inconsistent with the surrounding
residential uses. The granting of a land use and
development plan permit for an automotive repair shop
on this site would be contrary to the general welfare of
the area and County.
Evidence —Staff report and written correspondence
presented to the County Planning Commission for its
A-3
Exhibit A
Findings on Appeal of County Planning Commission approval of
Land Use and Development Plan Permit#LP042089
December 13, 2005 hearing, and staff report to the Board
of Supervisors and testimony at the March 7, 2006
hearing.
B. Finding that is Required to be Made Under the
Ordinance Code Before Granting a Land Use and
Development Plan Permit—That it shall not adversely
affect the orderly development of property within the
county.
Board Finding — The proposed development is located
immediately adjacent to residential uses. In addition,
there are several residential developments in close
proximity to the site. The Appian Way area currently has
a substantial number of automotive related businesses.
The approval of this project would add to that
concentration and would adversely affect the orderly
development of property in the area. Development of the
project site as a repair shop would not be compatible with
the neighboring uses or the long term development plans
for the area.
Evidence - Staff report and written correspondence
presented to the County Planning Commission for its
December 13, 2005 hearing, staff report to the Board of
Supervisors and testimony at the March 7, 2006 hearing.
Contra Costa County General Plan Policies for El
Sobrante area.
C. Findinw that is Required to be Made Under the
Ordinance Before Granting a Land Use and
Development Plan Permit— That it shall not adversely
affect the policy and goals as set by the general plan.
Board Finding — The General Plan policies for the El
Sobrante area include retaining and reinforcing the semi-
rural community with its strong emphasis on single
family residences. The proposal is inconsistent with the
suburban character of the community. The project site is
A-4
Exhibit A
Findings on Appeal of County Planning Commission approval of
Land Use and Development Plan Permit#LP042089
located in an area with both residential and retail business
zoning however, most of the recent development in the
area is residential. Although the proposed use is
permitted by the Retail Business District, its
establishment is not consistent with the existing
development in the area.
Evidence -Staff report presented to the County Zoning
Administrator for its August 15, 2005 hearing, staff
report and written correspondence presented to the
County Planning Commission for its December 13, 2005
hearing, staff report and testimony at the Board of
Supervisors March 7, 2006 hearing and letters presented
by Roby Molinari and Eleanor Loynd.
CONCLUSION - Based on the above findings, the Board upholds the
appeal and denies the County Planning Commission decision to approve
LP042089.
G:\Current Planning\curr-plan\Board\Board Orders\LP042089 3-14-06 findings deny
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