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HomeMy WebLinkAboutMINUTES - 07291986 - 2.5 BOARD OF SUPERVISORS FROM y Contra Gl Harvey E. Bragdon, Acting Director of Community Development DATE: Victor Westman, County Counsel �u SUBJECT; July 24, 1986 ' Geldermann General Plan Amendment SPECIFIC REQUEST(S) OR RECOMMENDATION(S ) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Deny the Geldermann General Plan Amendment request. Consider the options 'on abating the real estate office and the nature. of a- . reasonable transition period ;to be allowed and direct staff on the appropriate course of action. BACKGROUND: The. San Ramon Valley Area Planning Commission considered the Geldermann General Plan Amendment on May 7, 1986. The Commission recommended. that this plan amendment be denied. The Board of Supervisors considered the Geldermann General Plan Amendment at public hearings on July 8, and July 22, 1986. Upon completion ofthe General Plan hearing on July -.?',2, 1986, the Board` discussed this matter and Supervisor Schroder made a motion which was seconded to deny the general plan amendment. After further discussion a motion to. table the item for one week was made and adopted. The Community Development Department and County Counsel 's Office were directed to present a report to the Board, for consideration on July 29, 1986, which .outlined the options available to the Board on how to phase out the real estate operation. This is in response to that Board request. One option is that the. Board could approved the Geldermann General Plan Amendment to a Limited Office designation which would allow for the site to be rezoned to Limited Office or Planned Unit Development. Such action would allow the real estate office or other similar type offices to become legal and permanent uses on the site. If the general plan amendment is denied, the following alternatives need to be considered on how to deal with the elimination of the existing real estate operation on the site. o Direct abatement to occur over a reasonable period of time. A suggestion raised during the Board deliberation w s that a reasonable period of time be given to the real estate office r tr i ion t. another CONTINUED ON ATTACHMENT: YES SIGNATURE: ' Y.- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ION FSB AR)COMMITTEE APPROVE OTHER.. SIGNATURE(S) ACTION OF BOARD ON July 29 , 1986 APPROVED AS RECOMMENDED X OTHER X` IT IS FURTHER ORDERED BY THE BOARD that the timetable contained in the agreement dated July 28 , 1986 between the Roundhill Property Owners Assn. . and Gelderman, Inc. , Exhibit A attached, is APPROVED; and staff is DIRECTED to monitor the agreement to assure that it is being adhered to. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc.. Community Development ATTESTED ------Ju 1 y 2 9,_1_9816. County Counsel --------- PHIL BATCHELOR. CLERK OF THE BOARD OF County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR . o BY CL 0 tA,14 C 0 DEPUTY M382%7-83 Berard of Supervisors Geldermann General Plan Amendment Page 2 site. The maximum period of two years was suggested. This could be accomplished by the Board instructing staff as to the transition time .to allow them to-remain on the site. Staff could then send the appropriate letters which would lead to abatement within that time line. If it appeared that the office was not moving toward abatement within that schedule, staff could be directed to proceed directly to court at. the end of the transition period. A concern with a long abatement period is the precedent that could have on other zoning violations. o Direct abatement on the real estate sign. Another suggestion raised during the Board discussion was the need to have the existing real estate sign removed during the transition period. The reason for this was to try to have the office fit more into the existing residential character of the area during the transition period. If a transition period is to be allowed some type of business identification is needed but the size could be reduced significantly. o Possible conditions for a reasonable transition period: A concern of many citizens on the concept of a transition period, is that at the end of that time, the property owner will find new methods of stalling the move from the site. To overcome that concern the Board could consider allowing for a ,reasonable transition period to occur only if the landowner agrees in writing to remove the real estate office from the site by a specific date or thereafter any cost incurred by the County to procure that removal (enforcement costs, attorney's fee, etc. ) would be paid to the county.- A limit of 30 days should be placed on putting such .an agreement together. HEB/VW:plp • d00 can 7amon ValleIUB POST OFFICE BOX 415 DANVILLE, CALIFORNIA 94526 TELEP ONE 415-837-4242 L July 28, 1986 RE ETEIS � a ,fin,. Board of Supervisors °"ia M Contra Costa County PHIL BATCHELOR -� Board Chambers , Room 107 LERK ARD OF PERVISORS Administration Building a '• bevuty �. Martinez, CA 94553 . Dear Chairman Powers and Members of the Board of' Supervisors: After the hearing of July 22 , 1986 regarding the General Plan Amendment by the Geldermann organization and the constructive discussion by the members of the Board of Supervisors, the members of the Executive Committee of th'e Round Hill Property Owners Association, and the Geldermann organization have met and agreed that in implementing the phase-out of the real estate office at the pavilion that the following is acceptable to both parties : 1. That the real-estate office shall be allowed to continue to operate until June 30 , 1988 and that said operation shall cease and desist on or before June 30 , 1988. A. That the Geldermann interest agrees that when said Pavilion ceases to be used as a real estate office they will elect to either return said lot to use as a single family residence and have the same restrictions as the lst unit of homes in Round Hill by annexation to the original unit or otherwise. Geldermann further agrees that it shall, if it elects to use said building and area as offices for said country club to continue to make available space for those involved in operating. the -P. 5. Security District and Round Hill Property Owners Association. At Round Hill Geldermann agrees that if there are successors in ownership to said property that it shall require that said successors contract not to apply to use said property fora real estate office or other commercial use. July 28 ; `198.6,; Board .of ''Swpervlsors ;s;„ • x Page:- Two . � 2-.. That `Gel_dermann, shall 'c ontinue, to:'aase its .be'st effort . ' to have emp,loyee:s -end- customers park -in the - existing . parr z ng `lot 'for *the :country .club . and not. on. the street acid shall create a walking path from the park ng 'lot' to the 'pavilion -building. 3 . r That- as allowed by Contra Costa Coi' -I" •the'•'Gelde' rrnann' organization ;shall - cause the f-ire hydrant located .near-, the pavilion painted- red as well, as,,an,� appropriate area on :the curb iri front of the hydraht. 4 `That: the, parties agree .as to, signs- as follows::_; l Thatat the enter-ance• to R'oiinu `Hill at. Stone Val,~ley Road ,the sign read i.ng-,Deve 1ppment: ;and: Sales* by, Ge,ldermann Realtors shall: b'e removed';.. 2 . That at `the`p-avi:lion thesign re-iding, Round Hill Sales Pavilion Resale Homes. and HomeSi-tes shall be removed and an. appropriate °sign shall be in �sta-lled _ indic'a-ting. that the location `61Round- Hill .'Re`al-'tors,.. Inc., office is 'at the pavifl'ion, , -3 That the.-Geldermann_organization, -and Roy- TovaeF s, .in. particular, shall use`•its best; .efforts ,!to.,, y n Lide .'•Morelandi the owners of .Rouncx Hill '`Estates .:-North',' 'to mare its s'i:gnage more attractive. 5 That the pa_r cies= hereto :agree that they .desire- to wort Together to eliminate friction ;and .- iat..they.'will uses:their best effects to,�'- mplemen-t.; the .terms .of .th:is:.:o agreement.. L. DATED ROUND H ALL PROPERTY ASS,©CI� TLGN, INC. GELDLR`�IANI`J, N . , and otY�er GELDERMNIQ interests''.' By'. - , ,B y HN SMITH./ B:Y ROY T WERS BY