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Project Title: |
10000 Morgan Territory Road Variance, Small Lot Design Review, and Tree Permit |
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County File Number: |
CDVR25-01012 |
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Appellant: |
Michael Milani |
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Applicant/Owner: |
Cheryl Rayma Green (Applicant & 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 area of unincorporated Contra Costa County (Assessor’s Parcel Number: 006-110-016) |
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California Environmental Quality Act (CEQA) Status: |
Exempt, CEQA Guidelines Section 15303(e) |
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Project Planner: |
Allison Seoane, Project Planner (925) 655-2871 |
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Allison.Seoane@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See section II for full recommendation) |
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I. PROJECT SUMMARY
This is an appeal of the Zoning Administrator’s decision to deny a Variance and Small Lot Design Review to allow a 6-foot front yard setback (where 25 feet is the minimum required) for two, 8-foot tall columns to support an entry gate.
The Zoning Administrator’s decision to approve a Tree Permit to allow work within the dripline of one code-protected tree for the installation of the mechanical equipment for the entry gate is not being appealed.
II. RECOMMENDATION:
The Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission:
A. APPROVE the appeal of the Zoning Administrator’s decision to deny the Variance and Small Lot Design Review.
B. FIND that the project is categorically exempt from CEQA under Section 15303(e) of the CEQA Guidelines.
C. APPROVE County File CDVR25-01012 including a Variance to allow a 6-foot front yard setback (where 25 feet is the minimum required) for two, 8-foot tall columns to support an entry gate, Small Lot Design Review of the two columns, and a Tree Permit to allow work within the dripline of one code-protected Valley Oak tree for the installation of mechanical equipment for the entry gate, 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: A-40 Exclusive Agricultural District.
C. California Environmental Quality Act (CEQA): CEQA Guidelines Section 15303(e), New Construction of Small Structures, Class 3 exemption for construction of accessory structures such as columns and an entry gate.
IV. BACKGROUND
The County Planning Commission (CPC) conducted a hearing on the CDVR25-01012 application at the September 10, 2025 CPC meeting. During the hearing, the CPC received public testimony including statements from the appellant and the property owner. The CPC closed the hearing and continued consideration of the application to the October 22, 2025 meeting, with a motion of intent to grant the appeal and approve the project, and requested staff to prepare findings for approval of the project, a CEQA determination, and conditions of approval.
V. CONCLUSION:
CDD staff has prepared findings pursuant to County Code Sections 26-2.2006 and 82-10.002(c) for approval of a Variance to allow a 6-foot front yard setback (where 25 feet is the minimum required) for two, 8-foot tall columns to support an entry gate and Small Lot Design Review of the two, 8-foot tall columns, along with findings pursuant to County Code Section 816-6.8010 for approval of a Tree Permit to allow work within the dripline of one code-protected Valley Oak tree for the installation of the mechanical equipment for the entry gate. Staff recommends approval of the appeal of the Zoning Administrator’s to decision to deny the Variance and the Small Lot Design Review, and approval of County File CDVR25-01012 including a Variance of the front yard setback (where 25 feet is the minimum required), Small Lot Design Review of the columns, and the a Tree Permit to allow work within the dripline of one code-protected tree, based on the attached findings and subject to the attached conditions of approval.