Department of Conservation and Development
County Zoning Administrator
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Project Title: |
10000 Morgan Territory Second Residence Land Use Permit |
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County File(s): |
CDLP23-02055 |
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Applicant/Owner: |
Michael Milani, Milani & Associates (Applicant) / Cheryl Green (Owner) |
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Zoning/General Plan: |
A-40 Exclusive Agricultural District / AL Agricultural Lands |
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Site Address/Location: |
10000 Morgan Territory Road in the Livermore Valley area of unincorporated Contra Costa County (APN: 006-110-016) |
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California Environmental Quality Act (CEQA) Status: |
Categorical Exemption - CEQA Guidelines Sections 15301, and 15305(a) |
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Project Planner: |
Grant Farrington, Planner III (925) 655-2868 |
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grant.farrington@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
The applicant requests approval of a Land Use Permit for one additional single-family residence to legalize an existing 2,195 square-foot two-story second residence with an attached 411 square-foot garage. The project includes a Variance to allow a 7.07-foot front yard setback (where 25 feet is the minimum required) and a 43.18-foot side yard setback (where 50 feet is the minimum required) for a proposed Lot Line Adjustment to accommodate the existing location of the second residence. No new development is proposed. The project is subject to Small Lot Design Review as the subject parcel is substandard in size for the A-40 District. In addition, the project includes a request for an Exception from the collect and convey requirements of Division 914 of the County Ordinance Code.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the Zoning Administrator:
A. FIND that the project is categorically exempt from CEQA under Sections 15301 and 15305(a) of the CEQA Guidelines.
B. AUTHORIZE an exception to the requirements and regulations of County Ordinance Code Division 914 for drainage improvements.
C. APPROVE the Land Use Permit for one additional single-family residence, including the Variance for the reduced front and side yard setbacks and the Small Lot Design Review, based on the attached findings and subject to the attached conditions of approval.
D. DIRECT staff to file a Notice of Exemption with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: AL Agricultural Lands.
B. Zoning District: A-40 Exclusive Agricultural District.
C. California Environmental Quality Act (CEQA) - Categorical Exemption - CEQA Guidelines Section 15301, Existing Facilities, Class 1 exemption for permitting an existing private structure, and 15305(a), Minor Alterations in Land Use Limitations, Class 5 exemption for a lot line adjustment.
D. Previous Applications:
1. CDLL12-00002: This Lot Line Adjustment between APNs: 006-110-016 (the subject parcel) and 006-110-028 was denied by the Zoning Administrator on October 23, 2012 due lack of payment of penalty fees.
2. MS70-0064: This Minor Subdivision of a 151-acre parcel into four lots was approved by the Board of Supervisors on April 21, 1971. The subject parcel is Parcel A of MS70-0064.
IV. SITE/ AREA DESCRIPTION
The project site is an 14.55-acre parcel on the southwest side of Morgan Territory Road at its intersection with Storybook Lane, a private road. The project site is in the AL Agricultural Lands land use designation and the A-40 zoning district.
The project site is rectangular with two frontages and rises in elevation away from Morgan Territory Road to create a mostly sloped lot. There is a prominent ridgeline bisecting the property from north to south. The lot has been developed with a single-family residence, an unpermitted second single-family residence, and a barn that has conditioned habitable space. The property owner has proposed to remove the conditioned space and restore the agricultural building solely as a barn. In addition, there are several small accessory structures near the residences as well as mature trees along the driveway that serves the primary residence, the second residence, and the barn.
The subject lot is surrounded by other large parcels primarily oriented for agricultural land uses. The Los Vaqueros Reservoir is approximately 2.2 miles to the east of the site. The Alameda County line is approximately 3.13 miles to the south of the site.
V. PROJECT DESCRIPTION
The application for a Land Use Permit for one additional single=family residence in the A-40 Exclusive Agricultural District is to legalize a previously constructed 2,195 square-foot two-story single-family residence with an attached 411 square-foot garage. The project also includes a Variance to allow a 7.07 foot front yard setback (where 25 is the minimum required) and a 43.18 foot side yard setback (where 50 feet is the minimum required) for a proposed Lot Line Adjustment to accommodate the existing location of the second single-family residence. A portion of the residence was constructed on the adjacent property and thus a Lot Line Adjustment is required for the project. No new development proposed. The second residence will utilize the existing driveway on the subject parcel as well as a previously constructed leach field, septic tank and well/pump house for sanitary and water utilities. The project is subject to Small Lot Design Review as the 14.55-acre parcel is substandard in size for the A-40 District (where 40 acres is the minimum required). In addition, the project includes a request for an Exception from the collect and convey requirements of Division 914 of the County Ordinance Code to allow maintenance of the existing drainage pattern.
VI. AGENCY COMMENTS
An Agency Comment Request packet for CDLP23-02055 was sent on December 6, 2023 to a number of public agencies, including the Building Inspection Division, the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, the Environmental Health Division of the Health Services Department, the Engineering Services Division of the Public Works Department, the San Ramon Valley Fire Protection District, and the Contra Costa Mosquito and Vector Control District. Agency comments received by staff are included in Attachment C. Following is a summary of the agency comments received.
A. East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP)): On December 6, 2023, the HCP/NCCP submitted an email stating that the project does not require compliance with the HCP/NCCP.
B. San Ramon Valley Fire Protect District (SRVFPD): In a letter dated December 15, 2023, the SRVFPD stated that a fire review is required for the structure that was previously built without permits and may require modifications if found insufficient for current standards.
An Advisory Note is included in the Conditions of Approval and Advisory Notes whereby the building plans must comply with SRVFPD requirements.
C. Engineering Services Division of the Public Works Department: On September 19, 2024, Engineering Services submitted a letter describing the regulatory programs that applied to the project site and included conditions of approval and advisory notes to be applied to the proposed project. Staff has incorporated Engineering Services’ recommended conditions and notes in the Conditions of Approval and Advisory Notes.
VII. STAFF ANALYSIS
A. General Plan Consistency: The 10000 Morgan Territory Second Residence Land Use Permit is consistent with the General Plan, as discussed below.
1. Land Use Element: The project site is in the AL Agricultural Lands General Plan land use designation, which is intended to preserve and protect lands capable of generally used for the production of food, fiber, and plant materials but also allows for residences with a maximum density of 1 dwelling unit per 5 acres. The subject property is 14.55 acres and legalization of the existing second single-family residence will result in a density of one dwelling unit per 7.25 acres which is consistent with the AL designation. There is no development proposed and the requested variance is for a Lot Line Adjustment to have the second residence on one parcel as it currently straddles a property line. Neither the Variance nor the Lot Line Adjustment will change the existing or intended use of the property. Therefore, the project is consistent with the AL Land Use Designation.
2. Transportation and Circulation Element: The Transportation and Circulation Element of the General Plan shows designated scenic routes that are part of the County roadway network. Morgan Territory Road is a designated scenic route and as such, is subject to policies in order to preserve and enhance scenic routes in the County. Legalization of the existing second single-family residence does not include any new development, and therefore, any scenic views observable from Morgan Territory Road will remain unchanged. Thus, the project is consistent with General Plan transportation policies for scenic routes.
B. Zoning Compliance: The subject property is in the A-40 Exclusive Agricultural District. The A-40 District is intended to provide and protect areas for agricultural uses by preventing the establishment of urban or any other incompatible land uses thereon. In the A-40 District one additional single-family residence can be permitted on a parcel with approval of a land use permit. The project includes the legalization of a previously constructed single-family residence as well as a Variance and a Lot Line Adjustment due to a portion of the residence having been constructed on the adjacent property.
As discussed in Section IV, Site/Area Description, the subject parcel includes a barn that has conditioned habitable space. The property owner has proposed to restore the use of the agricultural building solely as a barn. Accordingly, a Condition of Approval is included that requires the removal of the conditioned space in the barn.
As described in Section V, Project Description, the proposed Lot Line Adjustment would result in a front yard setback of 7.07 feet and a side yard setback of 43.18 feet, whereas the A-40 District requires a 25-foot front yard setback and a 50-foot side yard setback. Therefore, approval of a Variance is necessary to allow these yard setbacks. The existing second residence would otherwise conform to the applicable development standards of the A-40 District. Findings can be made to grant the Variance because the location of the existing infrastructure and utilities including the driveway and leach field are already located in the vicinity of the residence and adherence to the strict application of the zoning requirements would deprive the subject property of the rights enjoyed by other lots in the same district. With the granting of the Variance, the project meets the requirements of the A-40 District.
C. Small Lot Design Review: The R-40 District requires a lot to be at least 40 acres in area. The subject parcel is 14.55 acres in area. Because of the substandard lot size, the proposed project is subject to Small Lot Design Review. In this regard, the second single-family residence is consistent and compatible with the surrounding neighborhood as it is located in the same general area as the primary single-family residence on the parcel in the southwestern portion of the lot and not visible from Morgan Territory Road, is with the range of home sizes and heights in the surrounding neighborhood, and has an architectural style that is similar to other residences in the area.
D. Drainage/Exception Request: Division 914 of the County Ordinance Code requires that all storm water entering and/or originating on this property to be collected and conveyed, without diversion and within an adequate storm drainage system, to an adequate natural watercourse having a definable bed and banks or to an existing adequate public storm drainage system which conveys the storm water to an adequate natural watercourse.
An exception has been requested from these Code Requirements in accordance with the procedures outlined in County Code Chapter 92-6. Public Works has determined that the exception request is acceptable given the large parcel size, that no new impervious surface is proposed and that no changes are proposed to the existing drainage pattern and concentrated storm drainage is not discharged onto adjacent property.
IX. CONCLUSION
The proposed project to allow one additional single-family residence . to legalize an existing 2,195 square-foot two-story second residence with an attached 411 square-foot garage is consistent with the AL Agricultural Lands General Plan land use designation, and the Transportation and Circulation Element policies for Morgan Territory Road, a designated scenic route. With approval of the Variance to allow a 7.07-foot front yard setback (where 25 feet is the minimum required) and a 43.18-foot side yard setback (where 50 feet is the minimum required) for a proposed Lot Line Adjustment to accommodate the existing location of the second residence, the project complies with the applicable development standards for the A-40 District. . Staff recommends that the Zoning Administrator approve 10000 Morgan Territory Land Use Permit CDLP23-02055 for the previously constructed second single-family residence, including the Variance to allow a 7.07-foot front yard setback and a 43.18-foot side yard setback and the Small Lot Design Review, based on the attached findings and subject to the attached conditions of approval.