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Doña Ana P&Z approves Johnston accessory dwelling; commission declines triple-fee assessment
Summary
The commission approved SU25-042 for an accessory dwelling at a San Pablo Highway 28 property after staff and public comment; commissioners voted to approve the permit and elected not to assess the triple fee tied to earlier permitting confusion.
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The Planning and Zoning Commission approved special-use permit SU25-042, allowing a proposed 984-square-foot accessory dwelling at a San Pablo property on North Highway 28, and the commission declined to assess a triple fee tied to permit sequencing confusion.
Staff described the proposal and noted the applicants had submitted plans for a garage and accessory dwelling; the garage permit proceeded while the accessory-dwelling SUP remained pending. Staff advised minimal traffic impacts (an estimated 4–6 additional daily trips) and said public notice requirements were met. The staff recommendation was for conditional approval.
Applicant Brian Johnston told commissioners he poured the slab and worked with county inspectors, and he said the confusion arose from permitting both the garage and the casita together while the SUP was pending. “The county’s been really helpful in everything,” Johnston told the commission, saying he did not intend to run the casita as a short-term rental.
Sean Vic, the building official, explained an inspector had visited during plan review and there was a plumbing/inspection mix-up; he said he would not personally press for a triple fee given the circumstances, though he had originally recommended it. Commissioners debated whether to assess the triple fee and discussed intent and contractor actions.
Public speakers raised access and traffic concerns. Paul Ortega asked the commission to condition approval so any future separate dwelling would access Highway 28 rather than Santa Cruz Road; another speaker, Michael Davier, owner of a large nearby property, voiced support for the application.
A motion to approve SU25-042 as presented passed on a roll-call vote (Commissioners Uranga, Fisher, Acosta, Vice Chair Zerniak and Chair Zarges all voted yes). The motion clarified that the commission was not assessing the triple fee in this approval.
Next step: Staff will finalize permit issuance and inspections; the commission’s approval allows the applicants to complete remaining inspections and obtain required building permits for the accessory dwelling.

