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HomeMy WebLinkAboutMINUTES - 09212004 - D.3 ... 11.111.11,".,."..,...,....,.....,...,.......,.........................................................................................................................................................................................................................................�.".................................,................................................................................'...................................]::::::::::::::::::::::::::::::::::::::::::: ..:::::::::::O:::::::.::::::::::::::::::::::::::.:........:::::::::::::::::::::::::::::::::.::j......... �� n� ex� �.�� � o...........................f - # 2 1. 1 `� � I . � ` Ems, , ` � � � � � t _ r ` frc � .1. #A ..............,..................'I o�rbr :o p.. � TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICD �.. , Costa COMMUNITY DEVELOPMENT DIRECTOR ;,. ,. `` County DATE: September 14, 2004 SUBJECT: Hearing on an Appeal by .lames H. Hall, of an East County Regional Planning Commission Decision to Grant a Request for a Proposed Single Family Residence on a Substandard Lot with a Variance to the 21f2Story Limitation, Located at#5005 Discovery Point in the Discovery Bay area. (County File #VR031106) (Sam & Kelly Sisneroz —Applicants & Owners) (Sup. District 111) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. DENY the appeal of James H. Hall, 2. ADOPT a Categorical Exempt determination, Class 3 (New Construction of a Small Structure), for purposes of determining this project's compliance with the California.;Environmental Quality Act, CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION bF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD APPROVED AS RECOMMENDED - OTHER off ,mss/ate y:.�� „��-' �/-.f�✓'::``%6" .. �,f��'.i..-'f ,'`JG%'�= ._-%l``..,,_" .-�•��,. �:....� VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND V 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 r: Contact: Debi Foley 1(925)335-1215] ATTESTED �"c���'� -�,.• ,_�� � '� %�`�� JOHN SwttT,E , CLERK OF THE BOARD OF cc: Community development Dept (trig.) SUPERVISORS AND COUNTY ADMINISTRATOR Sam&Kelly Sisneroz James H. Hall I Reclamation District 800 BY � . County Counsel Town of Discovery Bay ° September 14,2004 Board of Supervisors File VR031106 Page 2 . UPHOLD the East County Regional Planning Commission's approval of File #VR031106, as conditioned; 4. ADOPT the findings of the East County Regional Planning Commission contained in Exhibit I as the basis for this decision; and 5. DIRECT staff to file a Notice of Exemption with the County Clerk. FISCAL IMPACT None. The applicant has paid application fees to process this project and is obligated to pay supplemental fees to recover staff time and material costs in the processing of this application. BACKGROUND 1 REASONS FOR RECOMMENDATION This application to construct a new single-family residence was received by the Community Development Department on November 6,2003. The subject site is on Discovery Point Boulevard., and abuts Lido Bay in the community of Discovery Bay. The community is mostly comprised of single-family residences with attached decks and docks. The site and neighborhood are currently zoned F-1 (Water Recreational District),which allows for all of the uses in a single-family residential district. The subject parcel does not meet the minimum 50-foot average lot width zoning standard which causes development of this site to be subject to the design review requirements of the County Code for substandard lots. The purpose of that review is to determine whether the proposed development would be compatible with the surrounding neighborhood in terms of design, height, size, and location. The project is also seeking a variance to allow a portion of the residence to have 3-stories(where a maximum of 2% stories is allowed). Other than seeking a variance to the story requirement, the project complies with all other aspects of the zoning district. Initial Public Noticinq of Proiect On December 1, 2003 a Notice of Intent to Render an Administrative Decision was mailed to all property owners within 300 feet of the proposed residence. As a result of that mailing, letters were received from two adjacent neighbors (#4935 & #5015 Discovery Point Boulevard) requesting a public hearing be conducted. Zoning Administrator Hearing This item was originally scheduled for the March 8,2004 Zoning Administrator public hearing. Staff prepared a report on the request that concluded that the requisite ordinance findings could be made for the project, and recommended that the application be granted. At that meeting, the Zoning Administrator took public testimony and continued the matter as a closed hearing to March 22`x'.At that date, the Zoning Administrator made the findings for approval of the third-story variance for "storage only" and denied the request to allow the deck to encroach into the side yard setback September 14, 2004 Beard of Supervisors File VR031106 Page 3 determining that the required findings could not be made. The stairway and landing to access the deck is permitted. With those changes,the Zoning Administrator determined that the design of the proposed residence was compatible with the surrounding neighborhood and approved the project with revised conditions of approval. Appeal Of The Zoning Administrator Decision On March 24, 2004 a letter of appeal was filed by Jim and Linda Hall (#4657 Discovery Point). The appeal letter stated that since they were out of town during the public hearing,that a number of points were not considered or evaluated as part of the approval. The June 14, 2004 staff report addresses all of the points in that appeal letter. It should be noted that neither of the neighbor's who requested the hearing before the Zoning Administrator filed an appeal of that decision. Hearin of the Appeal by the East Coun!y Regional Plan ninCommission Acting as the Board of Appeals, the East County Regional Planning Commission heard the appeal of the Zoning Administrator's decision on June 14, 2004. Testimony was received from both neighbors who initially requested the public bearing before the Zoning Administrator, the Davis's and Parker's. At the Planning Commission bearing the appellant spoke about levee failure. The appellant submitted copies of a petition signed by more than 60 neighbors, which alleges that the project is seeking "livable space" within the proposed lowest floor. The Planning Commission determined that this area of the residence is proposed for storage uses only. After public testimony was accepted and the public hearing was closed, the Commission unanimously voted to deny the Hall's appeal and sustain the Zoning Administrator's approval. The Commission indicated that Discovery Bay is not a levee. Instead it is a man-made peninsula designed for residential structures. The Commission further acknowledged that Reclamation District 800 is committed to protecting the peninsula. The Commission noted that the application for the variance for the third story was for"storage only", not"livable space"as indicated on the petition. The Commission also determined that all applicable Small Lot Occupancy and variance findings could be made for the project. In addition, they concluded that the adjoining neighbor's concern was based on the height of the deck (landing) and not the third story variance. In response, the Commission added condition#7 that limits the height of the landing area on the deck to a maximum of 1922 inches. The plans also indicate that the height of the deck is to match those of the neighboring decks. APPEAL OF THE COUNTY PLANNING COMMISSION ACTION On June 22, 2004, Mr. James H. Hall appealed the decision of the East County Regional Planning Commission to the Board of Supervisors. The appeal points are essentially the same ones raised in the two previous staff reports and repeat points made in the appellant's presentation to the East County Regional Planning Commission. September 14, 2004 Beard of Supervisors File VRO31106 Page 4 DISCUSSION Listed below is e summary of the appellants' statements and staff's response. 1. Appeal Point: The PETITI0:?N OF OPPOSITION, summarized, has three points, (1) appose the 3-story structure at#4667 Discovery Point(Pavao), (2)oppose granting the variance for the 3-story structure at#5005 Discovery Point (Sisneroz), and (3) appose significant excavation at#4667 Discovery Point and planned at#5005 Discovery Paint for livable space. Staff Response: The petition has three points of opposition. Two of the paints are directly related to the house adjacent to the appellant that is the subject of a separate application before the Community Development Department. The petition also states opposition to a 3-story structure and significant excavation of the levee for livable space (Sisneroz). As stated above, the Commission disagreed with the petition based on the fact that the application for the variance for the third story is for "storage only". not for "livable space"as the petition states. The findings for granting the variance for the third .story have been adopted by both the Zoning Administrator and the Fast County Regional Planning Commission. 2. Appeal Pant: The appellant has serious concerns about excavation in Discovery Bay and cites the June P levee break on Upper Jones Tract as a comparison. Staff Response: The Commission explained that Discovery Point is not a levee;rather it is a man-made peninsula designed for residential structures. Reclamation District 800 is responsible for the integrity of the peninsula and the slopes. The Reclamation District 8001 engineer reviewed and approved the applicant's(Sisneroz)plans, including excavation of 15-yards to allow the third-story for storage only. Discussion among the East County Regional Planning Commission showed a consensus that based on the standards being used with current development and cautions attention to slope control areas by the Reclamation District 800, new construction in the past decade has not caused any problems in the bay. 3. Appeal Point: The Community Development Department and Zoning Administrator were misled by applicant's pictures showing three stories and storage underneath, the cited approved variances were granted after the fact and excavation of the levee was not allowed by Reclamation District 800. Staff Response: Staff reviewed the building permit history for some of the pictures submitted by the applicant. In most instances, the building plans appeared to be cleared for 2r2 stories. In some cases the records were not available. The two approvals of third story variances included in the staff packets show no evidence that approvals were grunted after the construction. in addition, the Conditions of Approval for #4990 Discovery Point Boulevard specifically referenced compliance with Reclamation District September 14, 2044 Beard of Supervisors File VR031106 Page: 5 844 requirements. The seawall referred to in front of#5020 Discovery Point would not be permissible as constructed with the current Reclamation District 800 requirements. 4. Appeal Paint: Cather builders are constrained to 2%-stories; no excavation of levees has been allowed in the past by Reclamation District 804, and Sisneroz is being allowed to bypass these requirements. Staff Response: Staff did not find any instances of third-story variances being applied for and denied. Two variances were approved for three-story residences across the street from the proposal. The Reclamation District 840 reviewed the proposed plans, including the excavation, and approved them. The Commission noted that three-story residences are becoming more common in Discovery Bay. 5. Appeal Point: Excavation of levee performed at#4835 Discovery Point without a permit, forced to bring back to original condition by the Reclamation District 800, now a special privilege given. Staff Response: It appears that the Reclamation District 800 responded based on excavation that had not been approved. The Community Development Department defers to the expertise of the Reclamation District 804 when it involves excavation. This applicant submitted plans to the Reclamation District 800 prior to submitting to the County. The plans submitted to the County had received the approval of the Reclamation District 800 and included specific conditions. 6. Appeal Point: Analysis not performed for this project, possible federal law violations, foundation comes out 5-feet past concrete pilings. Staff Response: Staff consulted with the County Floodplain Administrator on the issue of FEMA rules and regulations pertaining to this site. This area is within Flood Zone B and does not require a floodplain permit or review by the County pertaining to flood issues. The Reclamation District 800 has reviewed and approved the proposed plans. The foundation for the proposed storage area does not go past the concrete pilings. 7. Appeal Paint: The Sisneroz house is the largest in the area and they want to excavate at the narrowest part of the levee; further excavation could damage levee. Staff Response: The Reclamation District 804 has reviewed and approved this proposal. Reclamation 800 has the responsibility to ensure the integrity of slopes. 8. Appeal Point : Sisneroz architect's drawings appear deceptive,just like the Douse built next door, storage room really planned as a game roam. Staff Response: The applicant explained that initially the third story was planned as a game room. After following the proper steps to receive agency approvals, the applicant September 14,2004 Beard of Supervisors File VRO31106 Page 6 teamed that there could not be any habitable space in that area and agreed to deed restrict it as such. The Reclamation District 800 approved the request, prior to the submittal to the County, requiring that the third story be deed restricted and used 2gly for storagge. In addition, the Zoning Administrator and the East County Regional Planning Commission have recommended approval as well. 9. Appeal Point: Recorded Documents Will Not Be Enforced. Staff Response: Condition of Approval#4 requires a deed disclosure limiting the third- story to storage only. The deed disclosure alerts any future property owner to this restriction. 10. Appeal Point: Reasonable mitigation available including the access. StaffResponse: The appellant's suggestion that a door be placed outside to access the "storage only"area is a good one. Staff'cannot concur with the suggestion that access to the storage area should be limited to the outside. The storage area will be utilized to store additional items not commonly associated with outdoor use. CONCLUSION The foregoing appeal points are similar to the ones considered and rejected by the East County Regional Planning Commission. Staff can find no justification that would alter the previous conclusion of staff,the Zoning Administrator and the East County Regional Planning Commission that the project as conditioned would meet all of the required findings for small lot design review, and for granting the requested variance to allow a portion of the residence to have a third story f©r storage only. Accordingly, staff recommends that the Board deny the appeal and sustain the County Planning Commission approval. G:\Current Plan ninglcurr-plan\Board\Board OrderslvrO31106.bo.doc ADDENDUM D.3 September 21, 2004 On this date the Beard considered an appeal of the East County Regional Planning Commission's decision to approve a request to construct a new family residence, on a substandard lot with a variance requested to allow a portion of the residence to have three stories, and a design review for purposes of determining neighborhood compatibility. The property is located at#5005 Discovery Point Boulevard in the Discovery Bay area. Dennis Barry, Community Development Department Director, presented the staff report. He noted that the Beard had opened the hearing the previous week, took public testimony, heard from the staff'and closed the public hearing. The full scale drawings requested at that time had been provided. Staff'continues to recommend that the:guard deny the appeal of James Hall, adopt the categorical exemption for new construction of a small structure, uphold the East County Regional Planning Commission approval of the project and adopt the findings of the ECRPC contained in its resolution as a basis for the decision and direct staff to file a notice of exemption with the County Clerk. Supervisor Greenberg noted that she had visited the site, and while the floor are ratios was high,there were other structures similar in appearance from the street and similar in appearance from the water side. As the District Supervisor, Supervisor Greenberg made the following,recommendations and requests: 1. Should any future requests for changes be made, a noticed public hearing be held; 2. Condition of Approval Number 1, where it reads"this approval is based upon the revised site plan and drawing submitted to the Community Development Department' shall have inserted "and stamped can September 16, 2004", and added to that Condition of Approval shall be"any changes to the site plan or these conditions of approval shall require review and approval at a noticed public hearing. Such hearing should be scheduled before the Board of Supervisors." 3. Condition of Approval Number 2 shall have added"three stories permitted for the storage area only, as identified on the plans" and the sentence"This area shall be designated storage area/not habitable. " on all plans. 4. In reference to the staircase and required landing, insert the sentence "May encroach into the required ten foot side yard set back as shown on the plans dated September 16, 2004." and "No variance to the required sideyard setbacks is approved for this application. " 5. Condition of Approval Number 6, where it references the September 10, 2003 Reclamation District No. 800 permit requirements for the finished floor, insert"of the habitable space." ; 6. Condition of Approval Number 7, add a sentence stating" The height of the deck shall be as shown on sheet A-1.2 and dated September 16, 2004."; 7. ADD a Condition of Approval, to state"The maximum building height shall be as shown on sheet A-9 of the plans dated September 16, 2004. The height from the lowest storage area/non habitable finished floor to the peak of roof shall not exceed 35 feet." 8- ADD a Condition of Approval stating that on the right side of the building, the landing shall not extend into the 5 foot sideyard setback. The Board found the staff recommendations and modifications of the District III Supervisor acceptable, and adopted the same by unanimous vote, with all Supervisors present. RESOLUTION NO. 22-2004 EXHIBIT I BEFORE THE EAST COUNTY PLANNING REGIONAL COMMISSION CONTRA COSTA COUNTY STATE OF CALIFORNIA APPEAL — James H. Hall (Appellant) Sam & Kelly Sisneroz (Applicants) Small Lot Design .Review and Variance File #VR031106, Discovery Bay area WHEREAS, a small lot design review application was submitted on November 6, 2003 by Sam and Kelly Sisneroz (Applicants and Owners), to construct a new single-family residence on a substandard lot for purposes of determining neighborhood compatibility with variances requested to allow a portion of the residence to have 3-stories (where a maximum of 2lz stories is allowed), a 4%-foot side yard (where a minimum of 10-feet is required), and for an aggregate side yard of 9Y2-feet (where a minimum of 15-feet is required), File #VR.031106; WHEREAS, on December 12, 2003, Community Development Department issued a Notice of Intent to Render an Administrative Decision on the application for variance permit and small lot design review as required by law that described the project and indicated that interested parties could request a hearing. Following issuance of that notice, the County received several letters from neighbors requesting a hearing on the application; WHEREAS, on March 8, 2004, after issuance of a notice as required by law, the Zoning Administrator conducted a public hearing and then closed the public hearing and continued the decision on the Variance application to the March 22, 2004 hearing; WHEREAS, on March 22, 2004, the Zoning Administrator determined that the required findings for approval of the variance for the Resolution No. 22-2004 Page 2 third.-story variance for "storage only" could be made as well as neighborhood compatibility in terms of size, height, design and location and APPROVED that one variance request; however the Zoning Administrator DENIED the request to allow the deck to encroach into the side yard setback as the findings could not be made; WHEREAS, in a letter dated March 24, 2004, Jim and Linda Hall filed an appeal of the Zoning Administrator's decision of approval; WHEREAS, after issuance of a notice as required by law, on June 14, 2004, the East County Regional Planning Commission, acting as the Board of Appeals, conducted a public hearing whereat all parties wishing to speak on the matter were afforded an opportunity to testify; WHEREAS, the East County Regional Planning Commission having fully reviewed, considered and evaluated all evidence and testimony submitted on this matter; NOW, THEREFORE BE IT RESOLVED, that the East County Regional Planning Commission finds that the application is categorically exempt Brom the requirements of the California Environmental Quality Act (Class 3); as was prepared for the project; and BE IT FURTHER. RESOLVED that the East County Regional Planning Commission DENIES the appeal and SUSTAINS the approval of the'Zoning Administrator for the project; BE IT Ft.,1RTHER. RESOLVED that the Commission makes the following findings with respect to the decision: A. Small Lot Review Findings: I. Location: The proposed residence will be set back 20-feet from the front property line and is compatible with the surrounding neighborhood.. 2. Size: The neighborhood consists of varying architectural styles, sizes and heights. The proposed size of the residence is compatible with the surrounding neighborhood. Resolution No. 22-2004 Page 3 3. Height: The proposed residence does not exceed the 35-Foot height and is compatible with other 3-story residences within the surrounding neighborhood. 4. Design: The proposed residence will be stucco with the roofing and is compatible with the surrounding neighborhood. B. Variance Findings: Required Ordinance Finding 1. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use in which the subject property is located. Project Finding The granting of a variance for a portion of the residence to have three stories does not constitute a special privilege. The third story consists of enclosed storage space only and will provide for the safekeeping of personal equipment and provide screening for neighboring properties. The Commission further found that three-story residences are being constructed throughout Discovery.Bay and are not creating any serious problems in the Peninsula. The .Declamation District 800 Engineer has reviewed the proposed residence, as well as any proposed excavation, and approved the plans. Required Ordinance Finding 2. That because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. Resolution No. 22-2004 Page 4 Project Finding The special circumstances applicable to the site are the substandard lot size, the way the parcel narrows towards the rear and the slope of` the subject property that allows for "storage area"for a portion of the residence where it is three stories. ,strict application of the zoning regulations would deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. The Commission further found that three-story residences are being constructed throughout .Discovery Bay and are not creating- any serious problems in the Peninsula. The standards used in today's construction have tremendously unproved, including the applicant's use of cement pilings for the deck. Declamation District 800 is committed to protecting the peninsula and the Engineer has reviewed the proposed residence, as well as any proposed excavation, and approved the plans. Required-Ordinance Finding 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. Project Finding The variance for the third story substantially meets the intent and purpose of the F-1 zoning district. BE IT FURTHER RESOLVED that the Secretary of this Planning Commission will sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors, all in accordance with the Government Code of the State of California.. Resolution No. 22-20104 Page 1 The instructions by the Planning Commission to prepare this resolution were given by motion of the Planning Commission on Monday, June 14, 2004, by the following vote: ACES: Commissioners — MacVittie, Harper, Day & Dell NOES: Commissioners — Done ABSENT: Commissioners -- Williams ABSTAIN: Commissioners— None In a letter dated received .lune 22, 2404, following the decision on the application by the Planning Commission, James H. Hall appealed the East County Regional Planning Commission's approval of File #VR031106 to the Board of Supervisors. "halter MacVittie, Chair, East County Regional Planning Commission, County of Contra Costa, State of California I, Dennis M. Barry, Secretary of the East County Regional Planning Commission, certify that the foregoing was duly called and approved on June 14, 2004. ATTEST: DENNIS M. BARR'Y', AICP Secretary, East County Regional Planning Commission, County of Contra Costa, State of California CONDITIONS OF APPROVAL FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #VR.031106 AS APPROVED BY THE EAST COUNTY REGIONAL PLANNING COMMISSION ON JUNE 14, 2004. FINDINGS: A. Small Lot Review Findings: I, Location: The proposed residence will be set back 20-feet from the front property line and is compatible with the surrounding neighborhood. 2. Size: The neighborhood consists of varying architectural styles, sizes and heights. The proposed size of the residence is compatible with the surrounding neighborhood. 3. Hei t: The proposed residence does not exceed the 35-foot height limit and is compatible with other 3-story residences within the surrounding neighborhood. 4. Design: The proposed residence will be stucco with the roofing and is compatible with the surrounding neighborhood. B. Variance Findings: 1. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use in which the subject property is located. The granting of a variance for a portion cif`the residence to have three stories does not constitute a special privilege The third story consists of enclosed storage space only and will provide for the safekeeping of personal equipment and provide screeningfor or neighboring properties. T`he siege yard variance to the deck is not consistent with other properties within the surrounding neighborhood. 2. That because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. The special circumstances applicable to the site are the substandard lot size, the way the parcel narrows towards the rear that causes a small side yard variance and the slope of the subject property that allows for "storage area"for a portion of` the residence where it is three stories. Strict application of the zoning regulations would deprive the subject property the rights enjoyed by other properties in the vicinity and within the identical land use district. 3. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the property is located. The variance for the third story substantially meets the intent and purpose of the F-1 zoning district. The side yard setback encroachment of S %i' into the 10' required setback does not meet the intent or purpose of the F-1 zoning district. CONDITIONS OF APPROVAL FOR VARIANCE #VR031029 1. This approval is based upon the site plan and application submitted to the Community Development Department on November 6, 2003, and subject to the following conditions of Approval. 2. Variance approval is granted to allow for a variance that meets the requirements of Section 26-2.2006 of the County Ordinance Code as follows: 3-stories permitted for the "storage area" only as identified on the plans (2Y2 stories maximum permitted) 2 The staircase and required landing may encroach into the required 10' side yard setback and is subject to the review and approval of the Zoning Administrator. 3. Contractor and/or developer shall comply with the fallowing construction, noise, dust and litter control requirements: A. All construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on state and federal holidays. B. The site shall be maintained in an orderly fashion. Following the cessation of construction activity, all construction debris shall be removed from the site. 4. As required by Title 8, Chapter 82, Section 28.1002 of the County Code, proof of recordation of the following disclosure of deed restrictions shall be submitted to the Community Development Department prior to the issuance of the final occupancy permit: The storage area cannot be used at any time as habitable area. No plumbing materials of any type shall be allowed to be installed or connected from or to the "Storage Area" as noted on page "A-9 " of the August 18, 2003 blueprints. 5. This application is subject to an initial application fee of $550.00 which was paid with the application submittal, $1,000.00 for public hearing, plus time and material costs if the application review expenses exceed 100°1 of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. Current costs may be obtained by contacting the project planner. If the applicant owes additional fees, a bill will be sent to the applicant shortly after permit issuance. 6. Prior to obtaining a building permit, the applicant shall provide written evidence to the satisfaction of the Zoning Administrator that the applicant is in compliance with all of 3 the Reclamation District requirements including compliance with the Encroachment Standards, Rules and Regulations of Reclamation District No. 800 (Byron Tract), including, but not limited to the terms and conditions of Applicant's September 10, 2003 Reclamation District No. 800 permit that requires that the finished floor elevation be at least elevation 9.2 feet MSL,. 7. The upper portion of the deck (landing area) shall not be more than 19 V2" in height from the main rear deck. 8. The applicant is permitted to have minimal lighting in the lowest floor storage area to be in compliance with Building Code requirements. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE AND OTHER. LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER. TO PROCEED WITH THE DEVELOPMENT. A. Comply with the requirements of the Building Inspection Department. A building permit is required. B. Comply with the requirements of Reclamation District 800. C. Additional requirements may be imposed by the Fire District and Health Services Department. It is advisable to check with these departments prior to requesting a building permit or, proceeding with the project. D. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER. EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the 4 opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90 day period after the project is approved. The ninety (90) day period in which you may protest the amount of any fee or imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. 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OPPOSITI..........................,..........::.............................-.... ON ....................,. APPEAL OF VR 110 James H Hall : a 485701scovaq Point ; ff Byron, Ca. 94514 a PETITION OF OPPOSIT 'N . �€�+ 'SK�I�dATI�RES 0 INCLUDES BOTH REC 804 TRUSTEES LIVING ON DISCO PT. o INCLUDES PREVIOUS REC800 DISTRICT MANAGER OF 10 YEARS- We have collected these signatures over the period of March 22 to June 15,2004. These are home owners In the near vicinity of 5005 Dsco Pt. Including the 2 Rec 800 trustees and previous District Manager-for Rec844 living on'alscovery Pt. These homeowners are very concerned about these structures being Introduced to our Lido Say area. I could have collected, more sl natures, but It was just taking top mulch time. I have to stop and tale to the homeowners ter 20-10 minutes while they vent their anger about"what the county'le allowing. The board of Ap is dismissed out right these signatures because one Item protested about the "Ilvab'e" space and Slenero Is filing for "storage" area. Thes people are npt atupid. ;The third floor has not changed from the original configuration. They have just placed_ heIwords 111storage" on It which magically makes It so. The residents are fully aware of what Is beingrformed with the manipulation of the word "storage' Now, tills. Foley of COD states these 2 houses, the Pavao and the Sisneroz, are not related, but they are. They are both attempts to Introduce large 3 story structures into our Say and on our street. They are both designed by the same architect and utilize similar misleading drawings. Rec8 ti has suddenly decided to give special consideration and prlvledge to both while denying same to the rest of the hone owners. Sleneroz has told his neighbors, that he wants a�se just like the Pavao nonconforninstructure recently constructed next to our property. Yes, these houses are very muc9 related. o JUNE 3RD LEVEE BREAK 1 1/2 MILES FROM OUR SAY o SERIOUS CONCERNS ABOUT LEVEE EXCAVATION I'm sure everyone here has heard about the levee break June 3, 2004 on Upper Jones Tract, less than 2 miles from us. Most of you, Including the CDD staff, do not live In levee country. If you have been listening or watching, you'll know that approximately $82 million dollars Is the estimated damage to repair this levee break. This break only effects about 80 residents. We have over 5000 residents In Discovery Bay. The only reason there wasn't more damage and possibly loss of life In the Lipper Tones Tract break Is because the levee broke around 8 AM, Instead of SPM. it should be noted that Calif Fish and Game has just authorized and allowed a trapper to kill beavers In and around Upper Jones Tract because they burrow Into the levee, Yet, COIF and Rec880 would allow tons of levee to be removed If this variance Is approved. This far out wleghs what a hundred beavers could remove through borrowingg Our levee Is actually a pentsular fill, we have water on bath sides so a catastrophic failure like Janes tract should not happen here at the Slsneroz property. Still, significant damage to property can occur. Now, foam sure Chris Neudeck, the Re+c 800 engineer, will say that he has evaluated our levee and sees no problems with excavation. With all due res ect to Mr. Neudeck, l am sure the engineers who designed and Installed the'Burlin ton Nort gemn and Santa Pe culvert out on Jones Tract were confident It would not falt. Seng the pictures on TV of 10 ton concrete pieces of the culvert washing out Into lower Jones Tract kind of dismiss that theory. No matter how confident Mr. Neudeck Is, It is hard to argue that n excavated levee Is stronger than one that has not been excavated. For 30 years, Discovery Say has taken this stance, why, why change now? o COMMUNITY DEVELOPMENT DEPARTMENT (CDD) MISLED n 14AR13 FOR MOD TO ADMIT THEY HAVE MADE A M!RTAKE o PICTURES OF HOUSES SHOWN CONFORM WITH 2 1/2 STORIES o ONLY VARIANCE EVER GRANTED WERE AFTER THE FACT FOR NON-CO-NPOAMI'NG STRUCTURE-NO REC800 APPROVAL. o BOTH VARIANCES HAVE MAJOR PROBLEMS o PICTURES OF HOUSES ACTUALLY DISALLOWED 3 STORIES o EXCAVATION OF LEVEE FOR STORAGE NOT ALLOWED Once a government dept makes a decision, especially it it is mistaken, It Is very hard for them to admit It and reverse It. In this case, the CDD and Zoning Administrator were expertly fed erroneous, misleading and straight our wrong Information by Sisneroz , his attorney and his architect. They were shown all these houses showing how 30 or more were allowed 3 stories and storage under the houses convlencing CDD staff what the Slsnerozs were requesting was consistent with these homes. In fact, what Is requested Is a grant of special prlvleclga and Is Inconsistent with the limitations placed on these other properties In the ardi. Checking the ODD packet, looking closely, you will see these photos actually show houses that have been specl [ r� h-Fdff -VM ttw-2-1/Z­story code. Any storage areas If constructed have absolute y no excavation Qf the levee. The decks were designed so that either 1. they were not under 2 story structure or 2. that the head room was •. :6 feet so It compiled with the 2 1/2 story code. My pictures show the deception protrayed by Slsneroz's pictures A couple of the houses, like the 2 that-now have variances, are non conforming structure. BUT, we contend that a variance should not be granted because a few __, hjM_haue:&Ama ed the community by building non conforming.structure, then use that structure to ju iina—vm a€nce--to turth exist rb-dt -th sl uatlon. _ .... Both the houses cited as having variances for 3 stories were obtained after the nonconforming structure was discovered. AND, bath these houses have serious Issues directly contributed to the 3rd story excavated additions. In the pictures of the CDD packet, Is see at120 Disco Pt. What they don't show you Is the caiapse of the levee/seawall In front of this hou "lure}. The other house cited Is 4990 Disco pt. It has serious drainage and sewage problems. The owners of this property complained to Rec800, but since Rec800 did not allow nor approve 3rd stories, Rec800 denied responsibillt . The Town has had to rectify these damages at great expense. I have checked the files of Rec 800 and In fact, REC 800 was never Involved In the approval of these 2 variances. o OTHER BUILDERS CONSTRAINED TO 2 1/2 STORIES, ABSOLUTELY NO EXCAVATION OF LEVEE Metcalf a previous District Manager for Rec800 for 10 years has told me that during at ent re time, there was no excavation of the levee allowed within the Slope Control area.... period. When I told him that Rec800 and the County have granted this special consideration for the Sisneroz house, he was Incredulous. The Board of Appeals cited how strict Rec800 has been In the past so they must still be acting In that vein. We contend that since the Pavao construction, Rec800 Is In a defensive mode, not acting In the best Interests of Discovery Bay, but lust trying to protect their liability exposure. ; 812 Lido Cr. Is less than 604 feet from Sisneroz property. Slsneroz gas Included this hou ,r In the 3 story pictures supplied In the CDD packet. ,Just 2 years agcy they were Beverly limited as to what they could and could not do by Rec800 and the CDD. Absolutely no 3rd story nor excavation of the levee was permitted under any circumstance, ...as It should be. I don't blame CDD for not-havin the time to Investigate these charades pulled on them bye. Isrt+aroz, ui� he oriee�� nri ung ori,�wiudac4k awn from their support of this variance. It appears theyy have not. Another case, a bulid ing perrnit was obtained for 910 Lido or., also less than 600 feet f from they Slsnroz property, It was obtained by Steven an ra c�hen In 2002-3. They have not built yet, but were constrained to the same conditions as the Clapplers, no excavation, no 3 stories. Allowing Sisneroz to bypass these stringent requirements DUES give spacial ppriveledge an cf consideration along with just not using common sense wtlh respect to the levee. o REC $00 FORCED RECONSTRUCTION OF LEVEE EXCAVATION In the late 1990s. the levee under 4835 Discovery Pt. was excavated without a hermit. This property Is snout halt way between our house and Sisneroz property. Rec800 forced the owner to bring the levee back to Its original slope and condition. The owner compiled. This Is the kind of action the Board of Appeals remembers and believes this current Rec800 board Is currently enforcing. However, s nce the Pavao construction, levee excavation In our Bay suddenly has been permitted. By that, l mean, the Pavaos excavated without permit but Rec800 has failed to bring any enforcement action against the Pavaos, thus allowing the Pavao excavation to remain. To suddenly allow and permit significant excavation of the levee Is a special privi+edge and Inconsistent with the surrounding properties. More over, It Is just common sense not to excavate the levee. I would hope the recent levee break would make this abundantly clear. Rec 800 Is responsible for levee control. CDD assumes Rec8ati has done It's Job regarding the levee. If excavation Is allowed, they have not. They have suddenly given special consideration to Sisneroz and Pavaos that was not afforded other neighbors and the Pavaos are being sued for this. o ANALYSIS NOT PERFORMED, POSSIBLE FEDERAL LAW VIOLATIONS We do not relieve proper anaylsis of the levee excavation of this project, and thus the approving of a variance for such levestpeninsula modification within a floodplain has been performed. In approving any levee/peninsula modification within a flood lan, Rec $00 should adhere to FEMA rules, regulations, policies and procedures. THE COUNTY FLOOD PLAIN ADMINSTRATOR needs to evaluate the possilbe Impact on neighbors and the surrounding community. We alledge those have not been followed or adhered to In this case. Now that substancially larger hones, like proposed by Sisneroz's, are being built, the loading on the lev 1peninsula are greater than were ever Intended or planned. We b+elleve static load studies are warranted along with grading permit studies. Where are the static load studies? Look at the pictue I have supplied of a levee that Is falling today In Discovery Bay. This Is a simple deck, one story house with no levee excavation. THIS GENTLEMEN, IS A PRIMARY LEVEEI It's failure could create the catastrophic failure like upper Jones Tract. FEMA Is definity Interested In this kind of failure. Although the drawings do not show It, the foundation of the rear of Sfsneroz's house will be In the water. Monty Davis will verify that Rec800 has let the foundation come out 5 feet past the existing concrete pilings (see my picture If the pilings). These plies are routinely under water at high tide. The Foundation wilf definitely be In the water on medium tides. Mr. Tilton has an email from the Army Carp of Engineers that states nothing can go Into the water out here without their approval. Where Is that approval In this packet? If that foundation Is In the water at anytime, under the Clean Water Act, a rection 10 permit must be obtained. Where Is this permit? We believe these may be violations of federal law. Can anyone here produce the paperwork that exempts this construction from these requirements? I'm sorry, but Chris Neudeck, the Rec800 engineer, just saying I have no problem with this excavation does not satisfy the necessary analysis. In fact, we alledge that when the countyy approved variances VRO11061 and VR771€�32 (cited In their packet), which Included leve peninsula excavation and modifications on our street, they did not get Rec800 a proval and In so doing did not follow FEMA rubs and regulations and In so doing may have v olated federal law. The County of Contra Costa Is not the sale agency of authority regarding levee excavation within their jurisdiction, nor Is Rec800. Rec8O8's simple statement that they have compiled with all the required analysis Is not sufficient. We need the specific pollcys and procedures cited and shown where compliance has been accomplished. Failure to conform with FEMA regulations can cause the levees and peninsulas to lose their accredidation. This would eliminate federally Insured loans from reing Issued to these properties affecting $Billlons of dollars of propert�r. This board should not treat these Issues lightly. Now I'm not trying to cry "CHICKEN L14TLE", THE SKY IS FALLING. On the whale over the past 30 years, Rec800 has maintained our levee system possibly to the best standards In the delta. What I'm saying now Is why change from a winning format? Why, because the district manager of Rec800 has alledgedly been caught In InapproFprlate behavior with the Pavao construction. Now It appears the Sisneroz project may be MInked. But, even If the analysis shows there Is no damage, why should the rest of Discovery Bay be forced to abide by the no levee excavation code which obviously Is a safety Issue, and suddenly Sisneroz not have to? No levee excavation Is an extremely good policy. There Is mitigation for Sisneroz to have most of what he wants and not excavate the levee and not create 3 stories. o. SISNEROZ HOUSE AT NARROWEST PART OF LEVEE o HOUSES ACROSS STREET HAVE MAJOR PROBLEMS o FURTHER EXCAVATION COULD SERIOUSLY AFFECT LEVEE o WATER/ELEC./TEL./SEWER RUN DOWN CENTER OF LEVEE The Sisneroz have admitted they are building on a small substandard lot , but want to build a huge house, way larger than anything In the neighborhood (except for the nonconforming structure of the Pavao house located next to our house). The Sisneroz property Is located on the narrowest part of the levee. It's not bad enough that they want to build a house that overwhelms everything In the neighborhood, but they want to excavate the levee In the narrowest part of the levee to do It. Also, the 2 houses that CDCs allowed variances for already having Illegally excavated the levee, are right across the street from Sisneroz, at the narrowest part of the levee. And, both of these houses are having problems with the levee which are directly related to their excavations. Now, What happens,NOT IF, but when the levee degenerates? It's already started right across the street. The levee doesn't have to fall catastrophlcly to do significant damage. With all the utilities running down the middle of the levee, any excavation could cause slippage, or stresses that might cause any of those utility lines to rupture. That could result In sewage In our drinking water, electrical and telephone failures. Any sink hole would strand upwards of 100 homes, 2-400 people since this Is the only land exit for our properties, o SISNEROZ'S ARCHITECT'S DRAWINGS APPEAR DECEPTIVE o DRAWINGS OF PAVAO HOUSE vs. AS BUILT o "LANDING" ATTEMPT TO SIDESTEP AGREEMENT o DRAWINGS TOTALLY MISLEADING LIKE PAVAO HOUSE We alledge Slsneroz's architect has been using drawings that mislead the CDCs. The architect Is currently Ding sued for fraud and conspiracy In his alledged misrepresentation of the Pavao house which Is located next door to our house at 4657 Discovery Point. in my packet are drawings this architect used to get his plans approved. Now view the picture of what was built. The drawing showed a nominal 2 story house that seemed time It would fit In with the neighborhood. Obviously It does not when compared to the picture of what was constructed. Now, the side el. drawing of the Sisneroz house shows a similar representation to the Pavao drawing with a minimal amount of excavation. In fact, a significant amount of excavation will be needed to build these rooms under the rest of the house structure. First, Slsneroz's attorney states they will only excavate 10 cubic yards o f levee. Then the architect says more live 15 cubic yards. Reality will probably at least double that. In order to bypass a recorded aggreement;between the neighbors and Sisneroz, the architect renamed a raised portion of the main deck a "landing". Instead of correcting the deck and complying with the agreement, an agreement that Rec800 accepted as required to gain Rec800 approval, the achitect choses to simply call It a "landing". Rec800 defines a landing as a "platform whose sole purpose Is to provide access to a dock". This Is clearly NOT a landing. The neighbors were able to get resolution on this at the board of appeals. Look at the entrance to the "storage area". It Is a grandeous entry way. By putting the words "storage" on what has been planned as a game room from the word go will not make It magically become a storage room. The Pavao house Is a good example. This architect and the Pavaos contend, even to day, that this Is only a storage room, with expensive recessed lighting, plumbing, gas outlets and airconditioning/heating. This architect has manipulated the system to show you one thing, and build another. I guarantee that only electicca►►l Is allowed now, after final Inspection, the other Immenitles will be able to easily added. o RECORDED DOCUMENTS WILL NOT BE ENFORCED 0 NO VEHICLE FOR ENFORCEMENTANSPECTION Ms Foley, of CDD, suggested to Mr. Parker that he get Rec84O to do Inspections every 6 months. I had to laugh. They wil not do Inspections, the county will not do Inspections and the neighbors are prohibited by law from doing Inspections. Then, even If we find that surprise surprise, Sisneroz has set up the game rooms he wanted, still, no one will do anything about It. This document Is a farce and will do nothing to mitigate the special prlviedge and consideration that Sisneroz will receive. o REASONABLE MITIGATION AVAILABLE o NO EXCAVATION OF LEVEE o STORAGE AREA CEILING NOT TO EXCEED 6 FEET (RECOMMENDED BY BUILDING INSPECTION DEPT.) 0 NO INTERIOR ENTRANCE 0 NO WINDOWS 0 2 1/2 STORY CODE SUSTAINED There Is reasonable mitigation available. Storage area below the Sisneroz house can be constructed and still follow the codes set forth by the county. The storage area should be limited to a ceiling height of 6 feet. This was recommended mitigation for the Pavao excavation by Gano Thomas, head of East Contra-Costa County Building Inspectors dept.. And , more Importantly no excavation allowed. Since Sisneroz Is concerned about storage of his water toys, entrance should be limited to an exterior door only. I can't Imagine dragging water sklls, paddle boats, BB0s through the living room to get to the storage. This will keep the storage area Just that and not an elaborate game room. No or minimal windows are necessary In a storage room and with the 6 foot ceiling, the 21/2 story code Is compiled with. These are reasonable solutions to keep the structure In line with the neighborhood and avoid the special priviledge and consideration that would be given to excavate the levee and create the 3 story structure. REFUTE OF CDD's RESPONSE The following refere to CDD's response to our appeal If the administrator's decision; 1. and 3. The variances cited by CDD were "after the fact, grandfathered in" to cover nonconforming structure. Rec $00 would nottor should not have approved. We still contend this would be the first variance approval for new construction In the 50 foot Slope Control Area, not retroed, and sets precedence. 2. The deed restrictions are Inadequate to keep "storage area" from becoming livable space. 4. Sisneroz told neighbors that he wanted a house just like Pavans so he hired the Pavao's architect Triplett. The misleading drawings of Triplett for Sisneroz are the same as the Pavao house. All of the so called 3 story houses Sisneroz says already exists are actually 21/2 stories In compliance with the code or possibly one nonconforming structure like the Pavaos. 5. The deceptive and misleading drawings of Sisneroz and his architect have already been covered. 6. County can not just dismiss the levee problem. 7. The deed condit on Is Insufficient to Insure compliance. S. The only two 3 story structures were grandfathered In by unauthorized construction. The remaining so called "30" 3 story houses are In fact 21/2 story In strict compliance of stories and no levee excavation. The project Is not In compliance with the surrounding neighborhood. If It was do you think all these people would have signed this petition's All of them live in Discovery Bay in and around the Sisneroz project. We all want the 5isneroz's have a nice home, even If It Is a large home. All we ask is to just follow the codes, rules and regulations all of us have had to adhere to, they can have a reasonable storage area, Just not 2 large habitable livable spaces that require levee excavation as planned. 0 SUMMARY o A large number of Immediate neighbors, ars seen by the petition, are concerned and opposed to hese 3 story structures and their excavation of the levee. o As seen by the June 3rd levee break, they are real, those of us who live In "levee country" know this and although our levee may not create as catostrophic a failure, any failure is unacceptable. o Rec 800 In the past has forced a homeowner to have the excavated levee on our street filled In and brought to original condition. The current board of Rec800 is now not operating with the Interests of the residents and acting totally contrary to Its positions In the past. o tither recent projects In close proximity to Sisneroz were restricted to no excavation and 21/2 stories, AND absolutely no interior entrance to the storage area. o CDD has been fooled with misleading and deceptive drawings andictures portrayinga mass of story structures with numerous levee excavations that just do not exists. These are not ghat they seem. o The recording of documents on the property are Insufficient controls on the property, no one will or can Inspect the property nor enforce the document. o There Is reasonable mitigation available that will give Slsneroz his storage area without excavating the levee and creating the 3rd story. No variance for 3 stories should or need to be allowed on Lido Bay. Lido Say Is unique to the more modern constructed bays where larger lots and giant house construction Is allowed and warranted. This was the first bay and Is essentially established. Lido Bay Is a well established neighborhood. There are a few vacant lots still available. The construction on these lots should conform to the surrounding structures and the codes and regulations to which they were restricted. The granting of this variance does significantly grant the Slsnerox special consideration and priviedge along with producing a hazard to the surrounding properties that here to fore did not exist. PETITION OF OPPOSITION I {we) have seen the Pavao house located at 4667 Discovery Point and oppose the following. 1. 1 (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by granting variances for the 3 Story and setback non-conforming Issues under consideration by Contra Costa County. 2. 1 (we) appose the granting of a variance (VR031106) for a 3 Story structure located at 5005 Discovery Paint (the Slsneroz house). 3. I (we) oppose the significant excavation of the Levee that was conducted at 4667 Discovery Point and is planned at 5006 Discovery Point In order to provide livable space below the flood plane and the 9.2 foot U.S.G.S Datum. NAME. C, 4 ADDRESS: -DISCOVERY PT. SIGNATURE. NAME. . ,SQ _._ . ` P ADDRESS. DISCOVERY PT. SIGNATURE. NAME._ � " ��'' � _ _ _ ADDRESS._,4 � DISCOVERY PT. SIC NATURE. NAME. __ _- ADDRESS. DISCOVERY PT. SIGNATURE. / NAME.,_.._ WatCsl-vie_����_- r. ADDRESS. _Pj_ _DISCOVERY PT. SIGNATURE. NAMEi ,e_ _ _ ADDRESS.` ?' SIGNATURE.— ae2 NAME. __.____ ADDRESS. DiSei 3F-T. SIGNATURE: NAME. . Z _ -'�__�_ ADDRESS. SCOVE PT. SIGNATURE:_- . . PETITION OF OPPOSITION I (we) have seen the Pavao house located at 4667 Discovery Point and oppose the following: 1. 1 (we) oppose the Instructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by granting variances for the 3 Story and setback non-conforming Issues under consideration by Contra Costa County. 2. 1 (we) uppoe the granting of a variance(VR031106) for a 3 Story structure located at 5005 Discovery Point (the Sisneroz house). 3. 1 (we) oppose the significant excavation of the Leveel'Penlnsula that was conducted at 4667 Discovery Point and Is planned at 5005 Discovery Point In order to provide livable space below the flood plain and the 9.2 foot U.S.G.S Datum. NAME. ADDRESS: &,7Z - DISCOVERY PT. SIGNATURE: �`' r NAME: X�If_ � .-�-,�,,,p�,1 .�,�` ...,� 7 _ ADDRESS: SIGNATURE: � r ItIAME: ,� /c - Zr, ADDRESS: "� -� !' SIG NATURE•�� NAME:4 ADORES DISCOVERY PT. LSIGNATURE.,,— { r. _. w.f ` .. .: r ADDRESS: DISCOVERY PT. SIGNATURE: - NAME: % G Ye In ADDRESS: _677" a- SIGNATURE: ' �? s' �ea>M, tzc•� -t-� NAME-� L c� vv% t au ADDRESS: .� 2­7 1 DISCOVERY PT.��� SIGNATURE:_. - _ NAME: /pvj -- ADDRESS: 2 2 / DISCOVERY PT. SIGNATURE: ..a✓ PETITION OF OPPOSITION I (we) have seen the Pavao house located at 4667 Discovery Point and oppose the following: 1. I (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Paint. We oppose any attempt to legalize this non-conforming structure by Cranting variances for the 3 Story and setback non-conforming Issues under consideration by ontra Costa County. 2. 1 (we) oppose the granting of a variance (VR031106) for a 3 Story structure located at 5005 Discovery Point (the Slsneroz house). 3. 1 (we) oppose the significant excavation of the L.eveatPeninsula that was conducted at 4667 Discovery Point and Is planned at 5005 Discovery Point In order to provide livable space below the flood plain and the 9.2 foot U.S.G.S Datum. NAM --. ADDRESS: l _ Dist . SIGNAT FSE. NAME: — _ ADDRESStaa ',�; �rcov Y PT. SIGNATURE. NAME: ADDRESS., DISCOVERY PT. A SIGNATURE: NAME:_ ADDRESS: DISCOVERY PT. SIGNATURE � NAME; "J" .t ADDRESS. , GVERY PT. SIGNATUR . G c acl NAME: ` . 'L "01V ADDRESS: t_tZ_ LC DISCOVERY PT. SIGNATURE: , - NAME. 4j4--- ADDRE S:5b &-Pu &DISCOVERY PT. SIGNATURE:— NAM E: ICNATURE:NAME: ADDRESS. DISCOVERY PT. SIC NATURE: PETITION ICON .w F OPPOSITION I"(we) have seen the Pavao house located at 4667 Discovery Point and oppose the following. 1. 1 (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by 9 ranting variances for the 3 Story and setback non-conforming Issues under consideration by ontra Costa County. 2. 1 (we) oppose the granting of a variance (VR031106) for a 3 Story structure located at 5005 Discovery Paint (the Slsneroz house). 3. l (we) oppose the significant excavation of the Levee/Peninsula that was conducted at 4667 Discovery Point and Is planned at 5005 Discovery Point In order to provide livable space below the flood plain and the 9,2 foot U.S.G,S Datum. NAME: i _ _ ADDRESS: DISCOVERY EST. SIGNATURE."" . r. _ NAME. j" A1 ,_ �7 / _ ADDRESS. DISCOVERY PT. SIGNATURE. _. NAME. /` j7' ` - ADDRESS. 'Y7e'3— DISCOVERY PT. SIGNATURE. LAWz ' NAME:--- � f��" �1- � �'_ C`� � cy�r� � ADDRESS: �J7��� DISCOVERY PT. SIGNATURE. NAME. ' ' . : %,' ADDRESS: DiSCOVERY PT`. SIGNATURE: r' NAME. �fr��. � �'4 ADDRESS. I 7 DISCOVERY PT. SIG NATURE. NAME. t L(A `` ADDRESS. q6-'O DISCOVERY PT. SIGNATURE. 440x NAME: 41'ki, '4 ADDRESS. `' DISCOVERY PT. SIGNATURE.,, PETITION OF OPPOSITION I (we) have seen the Pavao house located at 4557 Discovery Point and oppose the following: 1. i (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by granting variances for the 3 Story and setback non-conforming issues under consideration by Contra Costa County. 2. I (we) oppose the granting of a variance (VR031106) for a 3 Story structure located at 5005 Discovery Point (the Sisneroz house). 3. I (we) oppose the significant excavation of the Levee that was conducted at 4667 Discovery Point and is planned at 5005 Discovery Point in order to provide livable space below the flood plane and the 9.2 toot U.S.G.S Datum. NAME- ADDRESS:_. - ' DISCOVERY PT. SIGNATURE---- NAME: . ADDRESS: DISCOVERYPT. SIGNATURE: NAlViE« ` '' ADDRESS« ow SIGNATURE. ., NAME« A313RE55« SIGNATURE. NAME: �� _ �� � �" � <" ADDRESS.�' DISCOVERY PT. SIGNATURE-. NAME: ADDRESS: _DISCOVERY PT. SIGNATURE: NAME:— C -f-- � ADf3RESS:� _DISCOVERY PT. SIGNATURE. NAiiE,�� ___w ADDRESS. DISCC)iJERY PT, SIG NATU„ R5 ;4T- �, PETITION OF OPPOSITION 1(we, have seen the Pavao house located at 4667 Discovery Paint and oppose the following: 1. 1 (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Paint. We oppose any attempt to legalize this non-conforming structure by granting variances for the 3 Story and setback non-conforming Issues under consideration by Contra Costa County. 2. I (we) oppose the granting of a variance (VR031106) for a 3 Story structure located at 5005 Discovery Point (the Sisneroz house). 3. i (we) appose the significant excavation of the Levee/Peninsula that was conducted at 4667 Discovery Paint and is planned at 5005 Discovery Paint In order to provide livable space belowr the flood plain and the 9.2 foot U.S.G.S Datura. NAME:--7) ;1."W "'c�� ADDRESS:r � _ DISCOVERY PT. SIGNATURE: NAME: __ _ ADDRESS:- y ` SIGNATURE:-. _t NAME: . , t-- - _ ADDRESS:-t�F/ DISCOVERY PT. SIGNATURE. _ 1,1- _. NAME:,,. ADDRESS: SIGNATURE: 4~ ' NAME: '" "' ADDRESS: - 2ec 2 DISCOVERY PT. SIGNATURE: NAIVE: , . ADDRESS: po DISCOVERY PT. SIGNATURE:' NAME: c� 2 - r _ ADDRESS: L4 DISCOVERY PT. SIGNATURE: _ NAME: ADDRESS:, � DISCOVERY PT. SIGNATUR PETITION OF OPPOSITION I (we) have seen the Pavao house located at 4667 Discovery Point and oppose the following: 1. I (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by ranting variances for the 3 Story and setback non-conforming Issues under considerartlon by ontra Costa County. 2. l (we) oppose the granting of a variance(VR031106) for a 3 Story structure located at 5005 Discovery Paint (the Sisneroz house). 3. I (we) oppose the significant excavation of the LeveatPeninsula that was conducted at 4667 Discovery Point and is planned at 6005 Discovery Point In order to provide livable space below the flood plain and the 9.2 foot U.S.G.S Datum. NAME: 4. _ _ ADDRESS: qN DISCOVERY PT. SIGNATURE- NAME: � v - •�...�. I SIGNATURE` ADDRESS: '' fit -DISCOVERY PT. SIGNATURE: NAME:_ _,.. 4_ nll� ADDRESS. 5 DISCOVERY PT. SIGNATURE: , NAME: Z> 0 A ADDRESS: -DISCOVERY PT. SIGNATU NAME: ..fn / ADDRESS: DISCOVERY PT. SIGNATURE: NAME: ADDRESS: -DIS -0V-ErR'I-PT. SIGNATURE: t.-eo 0 -4 NAME:�� D C-- 0,\0 VV ADDRESS: DISCOVERY PT. SIGNATURE: `��� PETITION OF OPPOSITION 1 (we) have seen the Pavao house located at 4667 Discovery Paint and oppose the following: 1. 1 (we) oppose the constructed 3 Story non-conforming structure located at 4667 Discovery Point. We oppose any attempt to legalize this non-conforming structure by granting variances for the 3 Story and setback non-conforming Issues under consideration by Contra costa county. 2. l (we) oppose the granting of a variance (VRa31106) for a 3 Story structure located at 6005 Discovery Point (the Sisneroz house). 3. 1 (we) oppose the significant excavation of the Levee/Peninsula that was conducted at 4667 Discovery Point and Is planned at 5006 Discovery Point In order to provide livable space below the flood plain and the 9.2 foot U.S.G.S Datum. NAME: x _ f '-'_ ADDRESS: MSC VERY PT. SIGNATURE. Y ' NAME: , - �� ADDRESS: Z111, p��-' ��- T.... SIGNATURE: �' ► 1�� ADDRESS: 300 _ —DISctJVERY PT SIGNATURE: NAM ' ADDRESS:_ DISCOVERY PT. 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I. INTRODUCTION SAM & KELLY SISNEROZ (Applicants & Owners), County File #VR031106-. This is an appeal of the Zoning Administrator's decision to approve a request to construct a new single family residence on a substandard lot with a variance requested to allow a portion of the residence to have 3-stories (where a maximum of 21/2 stories is allowed), and a design review for purposes of determining neighborhood compatibility. The subject site is addressed #5005 Discovery Point Boulevard, in the Discovery Bay area. (F-1) (ZA: N-28) (CT: 3040) (Parcel #004-061-005) IL RECOMMENDATION Staff recommends that the hoard of Appeals uphold the decision of the Zoning Administrator and approve County File #VR031106 based on the attached findings and subject to the conditions of approval, deny the appeal filed by Jim and Linda Hall, and accept the proposed modifications to the Conditions of Approval as proposed by the Reclamation District 800 and recommended by staff. III. BACKGROUND/ZONING ADMINISTRATOR HEARINGS The background leading up to the March 8, 2004, public hearing is contained in the attached staff report. At the March 8, 2004 public hearing, the Zoning Administrator accepted testimony both in support and apposition to the proposed project. The Davis's and. Parker's, neighbors on either side of the proposed project who initially requested the public hearing, reiterated their concerns. The applicant, the applicant's counsel and the applicant's architect all spoke in support of the proposed project. After considering all S-2 of the testimony received, the Zoning Administrator closed the public hearing and continued the decision to March 22, 2004. On March 22, 2004 the Zoning Administrator made the findings for approval of the third-story variance for "storage only"; and denied the request to allow the deck to encroach into the side yard setback since the findings could not be made. The stairway and landing to access the deck is permitted. Based on those changes, the Zoning Administrator determined that the design of the proposed residence was compatible with the surrounding neighborhood and approved the project with the revised conditions of approval. IV. APPEAL The applicant did not appeal the changes as approved by the Zoning Administrator on March 22, 2004. The Davis's and the Parker's, the neighbor's on either side who originally requested the public hearing, did not appeal the Zoning Administrator's decision. On March 24, 2004 a letter of appeal was filed by Jim and Linda Hall. The Fall's do not reside within the 300-foot notification radius. The appeal letter states that since they were out of town during the public hearing, that a number of points were not considered or evaluated as part of the approval. The appeal letter is attached and the appeal points are summarized as discussed below: Appeal Point: #1: This is the first variance approval for 3 full livable stories in all of Discovery Bay..... #2. Sisneroz has admitted he plans to use this as a game room and the County has allowed living space.... #3. Since this is precedent setting for livable space below the flood plain.... _.... .__. ...... ......... _ ___ . ..... ....... ..... . ...... ... ...... S-3 Response to all v the above: The County has granted other third story variances in Discovery.Bay and on Discovery .Point Boulevard (examples: County File VR911061 and VR771032). The applicant proposes to use the non-habitable third-story as storage space for personal equipment. The variance does not allow for a livable third story. Condition of Approval #4 requires a deed disclosure and clearly reads. Proof of recordation of the fallowing disclosure of deed restrictions shall be submitted to the Community Development Department prior to the issuance of the final occupancy permit.- The ermit;The storage area cannot be used at any time as habitable area. No plumbing materials of any type shall be allowed to be installed or connected from or to the "Storage Area" as noted on page "A-9 " of the August 18, 2003 blueprints. Since the condition of approval is also a deed disclosure, any future owners of the property would have knowledge of the requirement. Appeal Point: #4. We are living under the massive 3-story structure of the Pavao's currently under litigation. It was built without permit or variance for 3-stories. It has diminished our neighbor's and our property values and will result in significant monitary award to us from Rec 800 and County. Putting another similar structure across the bay will set precedence and attempt to legitimize the whole concept of adding these structures in a virtually completed subdivision. By the county approving these structures, it will leave us with no alternative for relief but to file complaints against the County in Superior Court. This, we are prepared to do as evidence the Hall v. Pavan et.al. case currently under litigation. Response: Based on a telephone conversation staff returned to the appellant in .Hawaii on March 3, 2004, consequent e-mails and the appeal letter, it is clear that the applicant is attempting to make a comparison between this application and another separate application currently under review by the County and located next door to the appellant's. This approval does not allow for a habitable third-story. Floor plans for all three-stories have been reviewed S-4 by, and are on file, with the County. Staff strongly disagrees with 'precedent setting„ since other residences that are three stories in height exist legally in the area. Appeal .point: #5: Alleging Sisneroz and the architect are using deception and the drawings approved at Rec 800 and by the neighbor's differ from what was presented to the County.... Response: The slanderous statements by the appellant regarding Reclamation District 800 employees is not relevant to the appeal. However, the March 8, 2004 staff report addressed allegations of a different drawing being presented to the County. Steven Mehlman, the applicant's counsel, Jeffrey D. Conway, District Manager, Reclamation District 800 and Thad Triplett, Northpointe Development, supplied written statements that the plans submitted to the County were the ones agreed to with the neighbors and the Reclamation District 800 with the addition of labeling the "storage area and finished floor be at least 9.2 MSL. Appeal Point: #6. Excavation of the levee: RgWonse: The Community Development Department staff does not evaluate the integrity of the levees. However, Reclamation District 800 evaluates the proposed improvements in relationship to levee stability and requires the applicants to comply with the requirements of the District. County Building Inspection Department ensures that the Reclamation District has stamped and approved the site plan prior to issuance of a building permit. Appeal Point: #7. County cannot prevent using as livable habitat even though Rec 800 prohibits it. Remedy, reduce to less than 6-feet and could not be removed once final inspection is completed.... Response: Again, the Zoning Administrator conditioned the project with a deed restriction as stated in Condition of Approval #4. In addition, staff is recommending incorporating an additional condition, as proposed by S-5 Reclamation District 800, that written verification be obtained assuring- that the applicant is in compliance with all of the District's requirements The Zoning Administrator found the third story variance to be in compliance with County Code Section 26-2.2006. Appeal Point: #8: Allow 3-stories you get a giant "box" like house...number of examples of this type of structure in the neighborhood.... #9: ...County liability...first 3-story variance granted in Discovery Bay... Response: The appeal letter began and concluded stating there are no other 3-stories in the neighborhood. This point has already been addressed above, as well as all of the points raised in between. Staff completely disagrees with the opinion of the appellant that the proposed residence will look like a large box and concludes that the project is compatible with the surrounding neighborhood in terms of location, size, height and design. V. RECLAMATION DISTRICT 800: On April 1, 2004 a hand delivered appeal letter was filed by the Reclamation District 800 based on erroneous information provided to them by Jim Hall that day, that the Zoning Administrator granted the variance to allow a portion of the "understory" as habitable space. Staff accepted the appeal letter, filed on the afternoon of the last day for accepting appeals. Staff faxed a copy of the conditions of approval for VR031106 to the Rec 800 office. Based on telephone conversations and written documentation between the Rec 800 Counsel and staff, the Reclamation District 800 proposed additional language and an additional condition of approval be added. Staff is recommending that the Planning Commission incorporate the modification to condition of approval number four and add condition of approval number six into the conditions of approval as follows: 4. Proof of recordation of the following disclosure of deed restrictions shall be submitted to the Community Development Department prior to the issuance of the final occupancy permit: __ ___ S-6 As required by Title 8, Chapter 82, Section 28.1002 of the County Cade, the storage area cannot be used at any time as habitable area. No plumbing materials of any type shall be allowed to be installed or connected from or to the "Storage Area" as noted on page "A-9 " of the August 18, 2003 blueprints. 6. Prior to obtaining a building permit, the applicant shall provide written evidence to the satisfaction of the Zoning Administrator that the applicant is in compliance with all of the Reclamation District requirements including compliance with the Encroachment Standards, Rules and Regulations of Reclamation District No. 800 (Byron Tract), including, but not limited to the terms and conditions of Applicant's September 10, 2003 Reclamation District No. 800 permit that requires that the finished floor elevation be at least elevation 9.2 feet MSL. In a letter dated April 28, 2004, the District wrote that if the above changes are incorporated into the terms and conditions of approval of the Variance, then the District is prepared to support the Variance as amended. VI. CONCLUS10N: Staff recommends that the Board of Appeals take the following actions: 1. Find that the project is exempt pursuant to the California Environmental Quality Act Section 15303; and 2. Deny the appeal, uphold the Zoning Administrator's approval with the modifications to the conditions of approval as described above. G:\Current Planning\curr-plan\Staff Reports\vr03l lO6appealstaffreport.doc Mar. 22,2004 Jim Hall, Linda Hail a i 4857 Discove point Byron, Ca. 9414 Contra Costa County Community Development Department Applications and Permit Center 851 Pine Street, second floor Martinez, Ca. 94553 re: Appeal 3 story approval VR031106 Gear Sirs We are appealing the approval of a 3 story living space structure on VR031105, Sisneroz property on 5005 Discovery point. Since we were in Hawaii when the hearing was announce and held, we were unable to speak at the hearing. A number of points have not been considered or evaluated In the approval. 1. This will be the first variance approval for 3 full livable stories in Udo Bay or on Discovery Point. In fact, it is the first 3 story variance granted in ALL OF DISCOVERY BAY All of the other"so called" 3 story houses are not true 3 stories. They fall within the 2 112 story catagory and they are not anywhere near 35 feet in height. They were set up as "storage areas", approved, and there illegally converted to livable spaces. The height and story restrictions in the County code are not arbitrary nor meaningless. Yet this hearing officerhas taken it upon herself to arbitrarly change these codes and change over 25 years of code enforcement in Discovery Bay to the detriment of the neighbors and residents. This has far reachingoonsequences throughout Discovery Bay. The addition of full 3 st livable structures in Lido Bay sets precedence and infringes on the rights of the current r=nts to enjoy their current Ially built and approved structures. 2. Althoughwisneroz is claiming the lower story is just for storage, he has admitted to his neighbors he plans it as a game room, has always planned it as a game room and will use it as such. He plans a pool table, etc. He has always planned this as livable space and it will be used as livable space in violation of Reclamation District Rules and regulations. The current Board of trustees in Rec 800 seems reluctant to enforce its own Modes and regulations. This isgoing to be very costly to them if they continue. Now the County has userped the power of Rec 800 by allowing livable spade below the flood plane or 9.2 foot U.S.C,S. datum. We hope we can convince both Rec and County to reconsider their actions without further litigation on this matter. The same architect designed the Pavao hoose and planned a"to be added after final ins ion" interior entrance for the"livable"spaces. The Pavaos also claim they only intend their lower story for storage. However, before we were under litigation, Robert Pavao stood on his lot boasting of his"bonus room"that he was going to put in a pool table, wet bar and big screen tv. Now he says it has arrays only been a storage area.... rigght,with heatingfairconditioning, added windows, expensive recessed lighting and pfumbi Ren Rec 800, in a letter to County, has expressed fears that County will not 5rovide sufficient safeguards to prohibit livable space usage in any spaces below the 9.2 .S.G.S. Datum level. if the other houses"spaces have been able to convert to illegal livable space, why would county not believe when the first full third story is added below the 9.2° level that Sisneroz would not plan on that usage without some stringent controls placed to beep him from dol so?The current plans need to be evaluatedo find the designed interior entrance(tote added after final)that this architect has planned in this design. 3. There is no way the Sisneroz house can add the livable floor below the current deck level of the neighbors withoutding well below the 9.2' U.S.G.S Datum. Regardless of what they have shown on paper, this is fact. Remember, the same architect used deceptive drawings showing the Pavao house as a"2 Story House". Sisneroz has a binding agreement with the neighbors that the deck level will remain at the same.height as the neigbors. That level is less than 17.2' U.S.C.S. Datum. This is one reason Sisneroz tried to slip in their raised"landing', nothing more than a disguised raised deck in violation of the written agreement with the neighbors. Sisneroz planned on getting County approval of this deck disguised as a landinthen bypass his written agreement with his neighbors. SINCE THIS IS A PRECEDENCE for livable space below the 9.2 foot datum, we will now undoubtedly be required to obtain National Mood Insurance since there will be for the first time permitted livable space below the flood plane in Discovery Bay. This has a significant financial impact on the rest of the residents of the entire Discovery Bay development. This could lead to millions of dollars in property devaluation and significant costs for flood insurance that otherwise was not required nor needed. 4. We are living under the massive 3 story structure of the Pavaos currently rider litii�ation. It was built without permit or variance for 3 stories. It has diminished our neighbor's and our property values and will result in significant monitary award to us from Rec 800 and Count. Putting another similar structure across the bay will set precedence and attemfo t tt l itirn tine the whole c n�cept of adding these structures in a virtually completesubdion. Sy the counr approving these structures, it will leave us with no alternativor relief but to file complaints against the County,in Superior Court This, we are prepared do as evidence the Hall V. Pavao et. al. case currently under litigation. 5. Mr. Conray of Roc 8£�0 has no problems with this structure, as he slid not have problems with' h the Pavao structure. We allege Mr. Conway has his own agenda and is running amuck with respect to the Trustees of Rec 800. He has put the District in a multi million dollar liability exposure with the Pavan structure and is well on his way here. The plans that were ox4nally approved by Rec 800 trustees and the neighbors, is not what has been presented to County. We allege, Mr. Conway takes it upon himself to state these are approved. You have heard from the neighbors that the plans shown for this variance had set backs that even the achitect was not refering to. These were never agreed to by the neighbors in the Rec 800 hearings. The trustees of Rec 800 are not aware of these changes, but will become aware. In order to get the Rec 800 approval cycle past, Sisneroz did not have the current drawings Shawn, Not until they came to County were these presented. We allege the architect and Sisneroz are using deception in presenting this project. After all, we allege the architect used deception, fraud and conspiracy in the Pavao rIousee which is very similar to this case. The architect is a defendant in the Hall v. Pavao et.al. case. 8. The excavation of the levee has not been analyzed by any engineering firm or experts. Staff of Rec 800, (the same staff we allege guilty of fraud, conspiracy, negligence and more) has just made an off the cuff accessment that there will be no impact. The constant excavation of the levee in this bay threatens the integrity of the entire levee thus affecting :our property. 7. The County cannot effectively prevent the Sisnerozs from using the approved spaces a livable habitat even though l ec 840 expressly prohibits this usage i said areas. This is from safety, health and insurance issues. Even the Building Inspector Deartment proposed in the case of the Pavao house that the room height be constrained to Met In order to insure the third story is not habitable, thus bringing it back to code as 2 1/2 stories. We would have no objection to this remedy Far Sisneroz as lona as the height constraint is permanent and could not be removed once the structure is final inspected. 8. What happens when you allow 3 full stories in the 35 foot envelope is that you get a giant"box" like house with little or no artistic value, a"motel G", a true eyesore. look at the 65 foot long 30 plus foot high wall" that the Pavaos house placed next to our house. At least if the house is limited to 2 stories, the addition of height is use in artiste structure. 3. Thea is no way the S isneroz house can add the livable floor below the current deck level of the neighbors without riqg well below the 9.2U.S.C.S Datum. Regardless of what they have shown on paper, s is fact. Remember, the same architect used deceptive they showing the Pavan house as a"2 Story House". Sisneroz has a binding agreement with the neighbors that the deck level will remain at the same height as the neigbors. That level is less than 17.2` U.S.G.S.. Datum. This is one reason Sisneroz tried to slip in their raised"landing", nothing more than a disguised raised deck in violation of the written agreement with the neighbors. Sisneroz planned on getting County approval of this deck disguised as a landing then bypass his written agreement with his neighbors. SINGE THIS IS A PRECEDENCE for livable spacce below the 9.2 foot datum, we will now undoubtedly be required to obtain National Flood Insurance since there will be for the first time permitted livable space below the flood plane in Discovery Say. This has a significant financial impact on the rest of the residents of the entre Discovery Bay development. This could lead to millions of dollars in property devaluation and significant costs for flood insurance that otherwise was not required nor needed. 4. We are livincci under the massive 3 story structure of the Pavans currently under Iiticgation. It was built without permit or variance for 3 stories. It has diminished our neighbor's and our property values and will resin in significant monitary award to us from Rao 800 and County. Putting another similar structure across the bay will set precedence and attempt to lItirnatize the whole concept of adding these structures in a virtually complet si. divisEon. By the counter approving these structures, it will leave us with no alternative for relief but to file complaints against the County in Superior Court. This, we are prepared tc�do as evidence the Nall v. Pavan et. al. case currently under litigation. Conway of Rec 800 has no problems with this structure, as he did not have problems with the Pavan structure. We allege Mr. Conway has his own agenda and is running amuck with respect to the Trustees of Rec 800. He has put the District in a multi million dollar liability exposure with the Pavao structure and is well on his way here. The 9fans that were originally approved by Rec 8003 trustees and the neighbors, is not what has been presented to County. We allege, Mr. Conway takes it upon himself to state these are approved. You have Beard from the neighbors that the plans shown for this variance had set backs that even the achitect was not refering to. These were never agreed to by the neighbors in the Rec 800 hearings. The trustees of Ree 800 are not aware of these changes, but will become aware. In order to get the Rec 800 approval cycle past, Sisneroz did not have the current drawings shown. Not until they came to County were these presented. We aIlea the architect and Sisneroz are using deception in presenting this project. After all, we allege the architect used deception, fraud and conspiracy in the Pavao house which Is very similar to this case. The architect is a defendant in the Hall v. Pavao et.al. case. 6. The excavation of the levee has not been analyzed by any engineering firm or experts. Staff of Rec 800, (the same staff we allege guilty of fraud, conspiracy, negligence and more) has just made an off the cuff acc;;e sment that there will be no impact. The constant excavation of the levee in this bay threatens the integrity of the entire levee thus affecting our property. 7. The County cannot effectiv+el prevent the Sisrierozs from using the approved spaces as livable habitat even though lec 80O,expressly prohibits this usage of said areas. This is from safety, health and insurance issues. Even the Building Inspector toartment proposed in the case of the Pavao house that the roam height be constrained feet in order to insure the third story is not habitable,thus bringing it back to code as 2 1/2 storms. We would have no objection to this remedy For Sisneroz as long as the height constraint Is manent and could not be removed once the structure is final inspected. 8. v11 t happens when you allow 3 full stories in the 35 foot envelope is that you get a giant box"dike house with little or no artistic value, a motel B", a true eyesore. look at the foot king 30 plus foot high"wall" that the Pavaos house placed next to our house. At least if the house Is limited to 2 stories, the addition of height is used in artiste structure. There are a number of examples of this type of structure in the neighborhood. The 3 story "box!` looks like an industrial building and has no place in an upscale development 9. It seems strange that just now, when the County has significant liability exposure with the Pavad house, suddenly the first 3 story variance in Discovery Bay is granted, even though it is apposed by the surrounding nai hbors. What is next, why stop at 3 stories, why not approve 4 stories, why not 45 feet. By approving this variance, the County is failing in its mandatory duty to enforce the buildin codes and protect thehborhood. leo other 3 story variance has been granted here, w ay now? After having ha�cile Pavao house mater'lali e, it has l scome clear it is incompatable with the neighborhood. Dozens of people come u to us and say"who allowed that monster to be placed in the neighborhood" It Is an ey+ e among ether damaging conditions that it presents. For the County to now say, after over 25 year of development in Discovery Bay, that suddenly 3 story structures are necessary and compliant is absurd. There was a code created to limit these houses. It is a goad code. County now seems fit to just throw this code In the trash, If there was any place and time in the county that needs this code enforced, this is it Jim Hall V da HalI P.O. Box .262 'v 1540 Diacc rvary Bay Blvd..ate. 'A' N Discovery Bay,CA 94514 Office: 926-634-2361 �i Fax: 926-634-2089 ' a Web: w -rdaoo.orp �< j April 1,2004 f,vvnM Y iA HAND DELI 1, RY Debi Foley Contra Costa County Community Development Department 551 fine Street,0 FIoor,North Wing Martinez, CA 94553-0095 Re: Appeal of Variance Decision—5005 Discovery Point,Discovery Bay County File#VR031106 Dear Ms.Foley: The Board of Trustees of Reclamation District No. 800(Byron Tract)(the"District"}was informed this morning that, on March 22,2004,the Zoning Administrator partially granted a variance in connection with the proposed residence at 5005 Discovery Point,Discovery Bay (APN 044-051-005). The District was also informed that the Administrator agreed to allow one- half of the"understory"area at that location to be habitable space. if correct,that decision directly contradicts the District's terms and conditions for approval of the variance request,which were transmitted to the County by letter dated November 25,2044,as well as being inconsistent with the terms and conditions with which the District approved the residence on March 5, 2003. A copy of the November 25,2003 letter is attached for your reference. Because the District understands that the Administrator has, in part,approved the variance request in a manner that is inconsistent with the terms and conditions of the District's approval of the plans for the property and that is inconsistent with the terms included in the District's comment letter of November 25,2003,the District hereby appeals the partial grant of variance to the Contra Costa County Planning Commission. The District further believes that this grant of a variance is inconsistent with the public health, safety and welfare in that it allows construction of livable space in Discovery Bay within the 100-year floodplain. Accordingly,the District requests that the County revise its decision so as to conform to the terms and conditions contained in the District's November 25,2003 letter. Please call at your earliest convenience so that we may discuss how we may resolve this matter as quickly as possible. Very truly yours, Jeffrey D.Conway District Manager cc: Sam Sisneroz 555 Capitol Mall, loth Floor P:416/444-1000 d O ' N E Y BRAND Sacramento,CA 95814 F:416/444-2100 ATTORNEYS LLP downeybrand.com David R.E.Aladjem daladjam0downeybrand.com April 5,2004 VIA FACSIl4'I u, Debi Foley Contra Costa County Community Development Department 551 Pine Street,4th Floor, North Ming Martinez, CA 94553-0095 I Re: Appeal of Variance (County File#VR031106) Dear Ms.Foley: This letter confirms our telephone discussion of this morning. During that conversation you confirmed that the Findings and Conditions of Approval for the variance for the residence at 5005 Discovery Point, Discovery Bay(APRT 004-061-005) include a requirement that the homeowner record a deed restriction providing that the third floor"storage area cannot be used at any time as habitable area." You also confirmed that, in order to proceed with the development, the homeowner has been informed that he must`t[c]ornply with the requirements of Reclamation District 800." Thank you very much for providing a copy of the Findings and.Conditions of Approval to Reclamation District No. 800 and for your courtesy and help during our conversation. Please contact me immediately if this letter is incorrect. Very truly yours, DOWNFY BRAND LLP David R.E. Aladjem cc: Jeff Conway, Reclamation District No. 800 58$130.1 I I . �► BRAND 555 Capltol Niall, 16th door P: 916/444-1(360 Sacramento, CA 95814 F: 916/444-2160 ATTORNEYS LLP downeybrand.com David R.E.Aladjsm doiadjern agdowneybrand.cam April 28, 2004 VIA FACSIMILE AND U.S.MAIL Debi Foley Centra Costa County Community Development.Department 551 Pine Street, 4th Floor,North Wing Martinez, CA 94553-0095 Re: Appeal of Yariance Count File#VR0311063 Dear Ms.Foley: Our firm represents Reclamation District No. 800(Byron Tract) (the"District"). On April 1, 2004, the District appealed the Zoning Administrator's March 22, 2004 decision to grant a variance in connection with the proposed residence at 5005 Discovery Point, Discovery Bay (APN 004-061-005) (the"Variance"). At the time that the District fled its appeal of the Variance,the District had not had the opportunity to review the Administrator's Findings and Conditions for Approval and Advisory Notes. The District has now reviewed those documents and has two additional comments. The District believes that these comments are consistent with and clarify the intent of the Zoning Administrator's decision on the Variance. First,the District recognizes that Condition 4 of the Variance already prevents the"understory" storage,area from being used at any time as habitable space. In order to reflect the fact that this condition is mandated by county ordinance, though, the District requests that Condition 4 be modified as follows: Proof of recordation of the following disclosure of deed restrictions shall be submitted to the Community Development Department prior to the issuance of the final occupancy permit: As r wired by Title 8 Cha ter$2, section 28,1002 of the County Code the storage area cannot be used at any time as habitable area.. No plumbing materials of any type shall be allowed to be installed or connected from or to the "Storage Area" as noted on page"A-9" of the August 18, 2003 blueprints. Second,the District appreciates that the Advisory Nates for the Variance state that the applicant must"[c]omply with the requirements of Reclamation District 800" in order to proceed with the 588635.1 Debi Foley April 28, 2€304 Page 2 development. 'Yet, because the Advisory Motes are not a part of the enforceable terms and conditions on which the County is approving construction of the residence,the District requests that the County incorporate the District's standards by reference in the County's enforceable terms and conditions for approval. To that end, the District requests that the following language be added as a new Condition 6: The Applicant must comply with the Encroachment Standards,.Rules and Regulations of Reclamation District No. 800 (Byron Tract), including,but not limited to the terms and conditions of Applicant's September 10, 2003 Reclamation District No. 800 permit that requires that the finished floor elevation be at least elevation 9.2 feet MSL. The District very much appreciates the County's consideration of these comments. If these changes are incorporated in the terms and conditions of approval of the Variance, the District is prepared to support the Variance as amended. Please call if you have any questions. Very truly yours, DC3WNEY BRAND LLP David R.E. Aladjem DREA:asb cc: ,Teff Conway Chris Neudeck { I f DOWNEYIBRAND ATTdR}+EEYS i.EP SBBB33.f Debi Foley April 28, 2004 Page 2 development. Yet, because the Advisory Notes are not a part of the enforceable terms and conditions on which the County is approving construction of the residence, the District requests that the County incorporate the District's standards by reference in the County's enforceable teams and conditions for approval. To that end, the District requests that the following language be added as a new Condition 6: The Applicant must comply with the Encroachment Standards,Rules and Regulations of Reclamation District No. 800(Byron Tract),including,but not limited to the terms and conditions of Applicant's September 10, 2003 Reclamation District No. 800 permit that requires that the finished floor elevation be at least elevation 9.2 feet MSL. The District very much appreciates the County's consideration of these comments. If these changes are incorporated in the terms and conditions of approval of the Variance, the District is prepared to support the Variance as amended. please call if you have any questions. Very truly yours, DO't7s7NEY BRAND LLP David R.E. Aladjem DREA:asb cc. Jeff Conway Chris Neudeck s ©OWNEYIBRAND A"ORNEY3 UP 5�8635.I t► 4 r 4*444wi N` $ �'°ty'4,� ''1. .�'►Fj �"' � .j R t�; ,A� �tEt '.3 ! �,� ;�1s4 �"�a y I ... j,, k,R ►. f,- 1 k Fs �. 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CI RCS 0 4A cp " Om O Cj t X O ( —{ 00 , `I a I � �i .y --74 -`t' I v I " � � l � � ' � f n .�✓�. < IS 4` z j V ... ..._..._._-...._.�... .•-. - -, 5 2fP 94'08"W L 120.00' } a a '3 p. •$ } IYs8k $ 1� 101 M log s 1}1 1€ 9s T, rr h Ill III EP $Ip i k1gga g}s Ic E 111 i,r� 7+'rr? `► (1 $EIt Y s R kE� fill at_ h$bRFtiPCy(N E EVV LQPty$E T � ` $$� 3 SI5NEROZ RESIDENCE ��- tiarlCRurHaF�aOraptar1LOT � $� 4 } - ,..TRACT 4077 BREhl1WQIC>D.C „A9413 �-a� 5005 DISCOVERY POINT r x n B 1 s § DISCOVERY BAY,CA 94514 oxsl.w Bunn eOtW96CT10N.%1 NAGWMT' ..=.1-F tl ( ..� d � $a€ill lifey fliff u � �j i tl$ it 3fCC?4 6 P If lrrr it $ ►� ; ec Ia a --------------------------- i ! I jff4 ry I In E0 C i j 1 b L______.------- � 1 ` C ' I j � a �g 8 JS fry b R f {S i . SCJ P i EM N St5NERCJZ RESIDENCE ; TED e � 0� 5005 DISCOVERY POINT l DISCOVERY DAY,CA 94514 ! LCAT 5-TRACT 4077 On j I a p x> + II a4sicn,ruila , sjxu d auk T I rem 1 J;El , Il� E3 ! d Ifl' i I I 4 i $I$NEROZ RESIDENCE 410 T P ! TED VEMM N {i 5005 DISCOVERY POINT r U '€A; CSCR�*E' i DISCOVERY BAY,CA 94514 ! I y�3.----4—t LOT 5-TRACT 4077Dlt +a.p'"a-ac�nerst�.au�.�' ,—i +; ID ONStl ,dN M1iANA�Exq.T i Agenda Item# Community Development Department Contra Costa County COUNTY ZONING ADMINISTRATOR MONDAY, MARCH 8, 2004 I. INTRODUCTION SAM & KELLY SISNEROZ (Applicants & Owners), County File #VR031106: A request for design review approval to construct a new single family residence with variances requested to allow a portion of the residence to have 3-stories (where a maximum of 21/2 stories is allowed), a 41/2-foot side yard (where a minimum of 5-feet is required), and for an aggregate side yard of 91/2-feet (where a minimum of 15-feet is required) on a substandard sized lot for purposes of determining neighborhood compatibility. The subject site is addressed #5005 Discovery Point Boulevard, in the Discovery Bay area. (F-1) (ZA:N-2$) (CT: 3040) (Parcel #004-061-005) II. RECOMMENDATION Staff recommends approval, subject to the attached findings and conditions of approval. III. GENERAL INFORMATION A. General Plan: The property is designated Single Family-Medium High Density in the Contra Costa General Plan adopted in January 1991. B. Zoning: The subject property is zoned F-1 (Water Recreation District), that allows for all of the uses in a single-family residential district. The subject parcel does not met the average lot width of 50- feet and is subject to the small lot design review for neighborhood compatibility. C. CE-QA Status: Categorical Exemption, Class3 (new construction). S-2 D. Previous Applications: None. IV. S1TElAREA DESCRIPTION The subject site is on Discovery Point Blvd., and abuts Lida Bay in the community of Discovery Bay. The lot is currently vacant with the exception of the remaining driveway and deck where a residence once was. The community is mostly comprised of single-family residences, generally with attached decks and docks. V. PROPOSED PROJECT The applicant is requesting design review approval to construct a new single-family residence with a variance to allow a portion of the residence to have 3-stories (where a maximum of 21/2 stories is allowed) for an area that slopes towards the water and will only used for storage, a 41/2-foot side yard (where a minimum of I0-feet is required) to allow for decking to access the dock to the rear of the property, and for an aggregate side yard of 91/2-feet (where a minimum of 15-feet is required). VI. AGENCY COMMENTS: A. Building Inspection Department. Letter dated December 4, 2003 is attached. B. Contra Costa Environmental Health: Comments dated November 21, 2003 indicated the site has public sewer and water and they have no additional comments. C. Contra Costa County Fire Protection District: Comments dated December 31, 2003 indicated the District has no comments. D. Town of Discovery Bay> Letter dated December 8, 2003 is attached. The Town supports both variances with a deed disclosure that no plumbing materials of any type shall be allowed to be installed or connected from or to the "Storage Area". S-3 E. Reclamation District 800: Letter dated November 25, 2003, from Downey /Brand Attorneys, representing the District, is attached. The comments include that the "storage area" remain such, to be consistent with the terms of their approval. V11. BACKGROUND/PUBLIC COMMENTS: This application was received by the Community Development Department on November b, 2003. Can December 1, 2003 a "Notice of Intent to Render an Administrative Decision" was mailed to all property owners within 300 feet of the proposed residence. As a result of that mailing, five letters were received voicing opposition to approving any variances, however, no one requested a public hearing. On December 24, 2003, a letter was mailed to those five parties acknowledging their comments and inquiring if they wished to request a public hearing. Two letters were received in response to that mailing, from the neighbors on both sides, the Parker's at#4985 and the Davis's at #5015 Discovery Point Blvd. It should be noted that the original letters by the Parker's and Davis's not only indicated opposition to the requested variances but suggested that the proposal submitted to the County differed from what had been discussed at past Reclamation 800 meetings. Towards the beginning of the application process, staff met with the applicant's to discuss their project. The applicant's indicated that it had taken a significant amount of time, meetings and money to reach an agreement with the neighbors, that is recorded with the County, prior to filing this application. As the process continued, staff shared the letters from the neighbor's with the applicant's. In response to those letters, the County received the following: • Sam & Felly Sisneroz, letter dated January 5, 2004, findings for granting the variances, as described by the applicants. • Steven Mehlman, Mehlman-Terbeek LLP, letter dated December 30, 2003 is attached. Mr. Mehlman represented the applicant's in their efforts to obtain Reclamation District 800 approvals. In summary, the letter states that no changes have occurred on the plans since the Parker's and Davis's approved them and signed a recorded "Agreement". S_q. • Jeffrey D. Conway, District Manager, District 800, letter dated December 24, 2003 is attached. The letter states that the plans are identical with the only change to label the storage area to be "storage area" and label that the finished floor elevation be at least 9.2 MSL. • Thad Triplett, Northpointe Development, letter dated December 24, 2003, is attached. The letter states that the change on the plans occurred based on the meeting of June 5, 2003 with the applicant's, the Parker's, the Davis's and the Reclamation District 800. VIII. STAFF DISCUSSIONIANALYSES A. AMropriateness of Use: This property is zoned F-1, which allows a single-family residence per parcel. The site is currently vacant and a single-family residence is an appropriate use. B. Variance: Variances are requested to the side yard setback and to allow a portion of the residence to be three stories for the strict purpose of `storage only". The granting of such variances does not constitute a grant of special privilege in that other properties either have, or have been granted similar variances by the County. The letter from. the Parker's dated December 15, 2003, incorrectly states that a 35--foot tall wall will be 41/2-feet from their eastern property line. In fact, the deck landing will be 4112-feet from the property line (requested variance) and level with their deck. The proposed residence is set back the full 10-feet that is required by the zoning. The letter from the Gilerest's dated December 18, 2003, state that this is an oversized house for the area. Staff did not come to the same conclusion. Two residences across from the proposed new residence are three stories. Several homes within the surrounding area are three stories as well. While a portion of the residence will be three stories, the 35-foot height limit is not exceeded. Staff concludes it is reasonable to make the findings for granting of both the side yard variance and third story and finds the proposed new single-family residence to be compatible with the surrounding neighborhood in terms of the location, size, height and design. S-5 IX. CONCLUSION: Staff recommends that the Zoning Administrator approve County File #VR.031106 subject to the attached Findings and Conditions of Approval. VR031106staffreport 2-19-04fdf NO.22G2 Do c - ��ZI•et �rdv t r�fJrl�r J 1 HL H�t�LTH � 95�df 15 9 6 2461 C3 Un Dennis M.Barry, AlCP community Development Diractoe Development Cost. oun County Administration Building CCEH 651 Pine Street �-��`. '� NOV 13 2003 4th Floors North Wing Martinez,California 9455a-0095 .. i RECID Phone: (925)335-1210 Date: I c a AGENCY COMNWNT REQUEST We rye uest your comments regarding the attached application.currently under review. DISTIt,Il UTION Please submit your comments as Cola r S: Building Inspection PTSD,Environ ental Health,Concord Project Planner —HSD, Hazardous Materials —P1W .Flood Control(Full Size) County File PI"r-Engineering Svcs(Full Size) Nuinlser: 1l_l (X Date Forwarded P/W T'raff'ic (Reduced) Prior To. c.' ._. I'T'V Special Districts (Reduced) Comprehensive Planning We have found the following special programs �.Redevelopment Agency apply to this application. Historical Resources Information System CA.Native Amer.Her. Comm. Redevelopment Area —CA Fish & Game,Region ---/USFisk &WUdlffe Service hJ Active Fault Zone ,f Fire District 03S - Sanitary District ��` Flood Hazard Area,Panel# _.� Water District City . 60 dBA Noise Control School District —Sheriff Office-Admin. & Comm.Sves. 22 CA EPA, Hazardous Waste Site —Alamo Improvement Association El Sobran:te Pig. Sc Zowing Committee Traffic Zone DOIT- Dep.Director, Co mu,nications +CteaoricalCEQA Exempt _. CAC R,-7A Alaroo Ex+eniption Section Community Organizations , a c t s C' r� ter .�.C�t* i.•..e."�{�+�. ° ��►-t=�.� � � Please indicate the code section of recommendaboas that a , erluired by lav or ordinance. Please send copies of your response to the Applicant &OwDeir. _XN'o comments on this application. _._ Our Comments are attached Comments. Si Igature Agent 01 S.aurrc+�t pinnn3�gjierexplatestfarcr,,stagcncp con�m�nt r�que{t I}�t@ Office Hours Monday - Friday:8:04 a.m.- 5.00 p.m. ("lfisr:iq ss r*taXs+ar+ ttr'* 1et a...4 0 c.z. _' - 1. . _ 12/31/2003 12:43 FAX 925 930 5592 CONTRA COSTA FIRE Q002 "V //^'�� '} r Lennie M. Barry,AICP 1' Community Contra Community Development Director Development Costa Department County County Administration wilding 651 Pine StreetWing 4th Floor,North •j.. � '/: �rY, Martinez,California alitornia 94553-005 Phone: (925)335-1210 .� Date: AGENCY COMMENT REQUEST We request your comments re ardin the attached ap2lication current under review. DISTRIBUTION Please submit your comments as Poll ws: Building Inspection c , HSD,Environmental Health,Concord Project Planner 1 T HSD,Hazardous Materials PAY-Flood Control(Full Size) County File _P/W -Engineering Svcs(Full Size) Number:—V F-m OG Date Forwarded P/VY Traffic(Reduced) Prior To; i, ; ' ' ' 'L.r' P/W Special Districts(Reduced) Comprehensive Planning We have found the following special programs _ Redevelopment Agency apply to this application: _ Historical Resources Information System CA Native Amer.Her.Comm. Redevelopment Area ® CA Fish &Game,Region -_/US Fish &Wildlife Service Active Fault Zone J Fire District Ec'iS'" • . C (c. L._G'-� , Sanitary District _ Flood Hazard Area,Panel# Water District _City 60 dBA Noise Control School District ® . Sheriff Office-Admin. & Comm.Svcs. _ CA EPA Hazardous Waste Site Alamo Improvement Association El Sobrante Pig. &Zoning Committee Traffic Zone MAC i, ,� DOIT-Dep.Director,C munications CE+QA Exempt CAC R-7A Alamo ( orical Exeinption Section Community Organizations Please indicate the code section of recommendations that are required bya se send ��oJ ` s of your response to the Applicant& Owner. �� . comments on this application. Our Comments are attached Comments: Floka Signature Agency 5:current planning/temptatesitorms/ag+ency comment request Date Office Hours Monday- Friday:8:00 a.m.- 5:00 p.m. nff-a is -ineari tha i Qt Irri 9 5th Fridays of each month 4DH0OWN TI v .._. 0 fX 1800 Willow Lake Road, Discovery Day, CA 94514 Telephone: (925) 634-1131 Fax: (925) 513-2705 Board Members President-Ray Tetreault (925)516-2155 V.President-Bob Doran (925)634-5137 Treasurer-Maureen Murray (925)634-2170 Director-David Piepho (925)5162358 Director-Gary Hess (925)634-5114 December 8, 2003 Debi Foley Community Development Department Contra Costa County 651 Pine Street,North Wing,4h-Floor Martinez,CA 94553 rex, 3"35" I,?,z2— RE: Comment on Request for Variance-VRO31106-5005.Discovery Point-Discovery Bay Dear Debi Foley: The Town of Discovery Bay Board of Directors reviewed the above-mentioned request their December 3,2003'Board meeting and would like to make the following comments: 1. No water piping or wastewater piping shall be installed or allowed to be installed or connected in any part of the"Storage Area"as shown on page"A9"of the blueprints of August 18,2003. 2. Parcel Owner shall have County Recorder record on this parcel deed, that no plumbing materials of any type shall be allowed to be installed or connected from or to the"Storage Area"as noted on page "A9"of the August 18,2003 blueprints. 3. The"Storage Area"can not be used at any point in time as"Living Quarters"or"Living Space". 4. This Board is okay on the Variance for the Deck or side yard deck steps only, as well as the third- story variance,which shall be used as"storage"only. Should you have any questions on this matter,please contact me at 634-1131. incerely, Virgil hne, General Manager Town of Discovery Bay VKJca DOW I`d t! 555 Copito Mail, 10th Floor F: 916/444-1000 Sacramento, CA 95814 F: 916/444-2100 ATTORNEYS LLP downeybrand.com David R.E.Aladjem doiadjemra7downeybrond tom 03, a..0 L�' 1 ('d E � November 25, 2003 VIA FACSIMILE& U.S. MAIL Debi Foley Contra Costa County Community Development Department 651 Pine Street 4th Floor, North Wing Martinez, CA 94553-0095 Re: Comments of Reclamation District No. 800 (Byron Tract) on Request for Variance (County File # VR031106) Dear Ms. Foley: This letter'responds to the County's November 12, 2003 request that Reclamation District No. 800's (`District") comment on the above-referenced request for a variance at 5005 Discovery Point, Discovery Bay (APN 004-061-005) (the "Application"). The District's rules and regulations forbid the construction of a finished floor below 9.2 feet MSL when that requirement is 'incorporated into a building permit. Attached hereto as Exhibit I is a copy of the permit issued by the District for the proposed residence at 5005 Discovery Point which shows that a condition of the District's approval of that residence was that there be no finished floor below 9.2 feet MSL. Inspection of the plans included in the Application shows that the "understory" area will be constructed at an elevation below 9.2 feet MSL. The plans also represent to the County that the "understory" will be a "Storage Area." So long as the "understory" area is not habitable space and will only be used as a storage area, such uses are consistent with the terms on which the District approved the proposed residence. The District is concerned, however, that the County include sufficient safeguards in any variance issued for the "understory" so as to guarantee that the owners cannot improve the "understory' and turn that area into habitable space. The District is willing to meet with the County at your earliest convenience to determine appropriate safeguards. In the absence of such safeguards that are acceptable to the District being incorporated into a variance issued by the County, the owners of the residence would be required to obtain an additional variance for the "understory" from the District,pursuant to section 6.02 of the District's regulations. This variance would need to seek 562141A Debi Foley November 25, 2003 Page 2 to permit a finished floor at less than 9.2 feet MSL. A copy of that section of the District's regulations is attached hereto as Exhibit 2 for your use. please note that any variance requires action by the District's Board of Trustees. Please call if you have any questions. Very truly yours, DO NEY BRAND LLP David R.E. Aladjem DREA:asb Attachments cc: Jeff Conway, General Manager,Reclamation District No. 800 Chris Neudeck Steven Mehlman t>C?WNEYIBRAND ATTORNEYS 'UP 362!41.1 EXHIBIT 1 c PERMIT ECLAMATION DISTRICT NC 800 ,ND DISCOVERY BAY RECLAMATION AND PERMIT )RAINAGE MAINTENANCE DISTRICT LOT: TRACT: ` -- A3DRESS.. .Q. Box 252, BYR©N, CA 94514 (510) 634.2351 ease accept this as approval from the above Districts to proceed with construction of your ° .. Nouse�t Deck b ook, (Other) Plans. The approval gra ted herewith is subject to the Aawing: 1 , That no structural wood members be used below elevation 8,2 MSL, other than treated plies. That quarry stone riprap be Installed to provide slope surface protection. The dprap must extend from election minus (-) 2.0 MSL to elevation 7.0 MSL along the entire Slope Control Area. "� That finished floor elevation be at least elevation 9.2 MSL. That quarry stone rlprap be carried to the top of slope due to the coverage of the deck over the slope. That styrofoam, fiberglass or concrete floats be utilized for ficatation. That all irrigation, precipitation and other on-lot surface flaws be collected and conveyed to the bays and lakes without wetting of the Slope Control Area, Interior Lot. No special requirements. Review for negative impacts only. No fee, dote: Reclamation District Elevation Control Basements (R.D,E.C.E.) are forthe purpose of maintaining a minimum ground or structural elevation. All structures or rather encroachments within this area may from time to time be required to be removed :y the owners or at the owner's expense. 31op4 Control Areas (S.C.A.) are subject to erosion from wavewash, tidal action, surface runoff, floodflows and other sources and are subject to instability due to tidal action,vegetation, rodents, varying soil conditions, and varying water conditions. The Slope Control Areas require continuous access for maintenance and therefore no principal structures should be placed thereon. Nil structures or other encroachments within this area will from time to time be required to be removed by the owners or at the :)Wnees expense. �eclamatlon District No, 800's approval does not include review or evaluation of the adequacy of the structural design. The Applicant should engage appropriate engineers, contractors,and Cather experts to analyze available information and/or conduct :est upon which to base conclusions and to determine the actual conditions to be encountered and to design and construct :he structures as appropriate, Lateral earth pressures associated with slope movement as well as vertical leads should be csonsidered. Design should include provisions for collection and conveyance of irrigation, precipitation, and other on4at surface flaws to the bays and lakes without wetting of the Slope Control Area. Decks and other structures located on or near the slopes and water areas are subject to differential movement both In the horizontal and vertical direction. Design and use of lightweight concrete and other rigid deck coverings should anticipate more noticeable reflection of movement in the form of cracking and gaping. The owner assumes all risk of damage or lass to the structures permitted hereby and agrees to hold Reclamation District No. 800 harmless with regard to any such damage. This permit is conditioned upon proper execution and.recordation of the Reclamation Distri No. 800 Covenants, Release and Indemnification document. Date Issued: _-- - - ^ ✓b. ,. 1 ,.. Cr�MAN Ci R R:Cl,A ' AT10 JDr`tTR 2 T NO. 800 2, ( Revised March 30, 1995 ) 6r EXHIBIT Z __ _.. to construct the subject encroachment(s) in accordance with the terms and condition set forth on the permit form and stamped on the plans. Typical District stamps are attached as Exhibits "F-1" through "F-5." B. Disapproved Plans. The District will return four (4) sets of plans which were originally submitted to the Applicant along with Conditions of Approval which set forth the reason(s) for disapproval and the conditions and/or revisions necessary to obtain the District's approval of the proposed encroachment(s). A copy { of the standard form in attached as Exhibit "G." Resubmittal of revised plans in an effort to comply with Conditions of Approval will not be subject to additional plan review fees. Section 5,07. Covenants, Release. and Indemnification Agreement ("CRI"). Each permit will require, as a condition of approval, execution, by all owners of the property, of a Covenant, Release, and Indemnification. Upon first requesting a permit, the applicant must either demonstrate to the District that a CRI has been properly executed and recorded for that property, or complete a CRI. Once a properly executed and recorded CRI is in place for that property, no further CRI will be necessary, unless specifically directed by the Board of Trustees for unusual situations. A copy of the standard form of CRI is attached hereto as Exhibit H. Section 5,038. Appeal. In the event that an Applicant or other interested�._ PP d party is dissatisfied with or disagrees with an administrative decision rendered by a representative of the District with reference to any matter included within these Standards, the complaining party shall, at his request, be heard by the Trustees of the District, with the decisions of the Board of Trustees being final. CHAPTER 6 VARIANCES Section 6.01. General Section 6.02. Procedure Section 6.01 . General. Occasions may arise when an applicant, either upon appeal after denial of a request for a permit in accordance with Section 5,08, or prior to an initial request for a permit,it, feels that these Encroachment Standards and Rules and Regulations do not or should not apply to a particular factual situation, in such 22 l event, the applicant may, by submission of a written request to the Board of Trustees of District, request a variance from these Standards, in accordance with the procedure set forth in Section 6,012. Section 6.02. Procedure. A. Application shall be made in writing by the property owner or his/her authorized agent, on forms provided by the District (Exhibit "J") and accompanied by such data and information as may be necessary to fully describe the request. B. A filing and investigation fee of$100.00 shall be paid upon submission of the variance application to accommodate the extra work required of the District to process the variance.` C. Upon th6 filing of an application for variance, the District Manager shall set the matter for hearing before the Board of"Trustees. A written notice of hearing shall be mailed at least ten calendar days prior to the hearing to all property owners, any part of whose property ties within a radius of three hundred feet of the applicant's property, using for this purpose the names of such owners as shown on the last equalized assessment roll, or alternatively, from such ether records of the assessor or the tax collector as contain more recent addresses. Failure to receive'the notice required.by this section shall not invalidate the action of the Board of Trustees. D. The Beard of Trustees shall have the power to grant variances when it finds and determines that all of the following circumstances apply: 1. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity of the subject property; 2. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Encroachment Standards is found to create an unreasonable hardship for the subject property; Revised June a, 1495 23 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property', 4. That the granting of such variance will be in conformity with the general purpose and intent of these Encroachment Standards. E. Any variance granted or approved by the Board of Trustees involving the erection, alteration, or enlargement of a building or structure is null and void after the expiration of one year from the date the variance is granted unless the building or structure is 'completed within this time. The Board of Trustees, for good cause shown, may extend the one-year period for not longer than an additional six months upon application in writing being made before expiration of the variance. F. The Board of Trustees may condition the issuance of a variance, and/or may require another or special CRI. CHAPTER 7 PROCEDURE FOB ENFO .8CE-MEN1 Section 7,01, Procedure Section 7.02. Definitions Section 7.01. Procedure. In the event that any alleged violation of the Standards comes or Is brought to the attention of any Trustee, employee, or any engineer, consultant, or attorney retained by the District, the following procedure shall be followed: A. The. alleged-violation shall be referred to the District Manager in the most expeditious manner. B. The District Manager shall investigate the alleged violation and shall determine if a violation exists. If a violation does exist, the District Manager shall attempt to contact the person or persons responsible orally, and attempt to have the violation corrected within 30 days. The District Manager shall within five (5) working days send a follow-up letter confirming the oral contact. If the violation poses an imminent threat to health, life, safety, or the integrity of the District levee system 24 Jan CJs 04 04: 55p Parlors 925 516 4199 p. 1 Jahn and Joy Parker 4985 Discovery Paint Discovery Bay, Ca 94514 January 3, 2004 Community Development Department 651 Pine Street 4th Floor, North `titling Martinez, Ca 94553 Attention Debi Foley RE##VR0311066: Again, we object to any variance changes that the County might be considering. If it takes a public hearing to get all the issues in the open, then we hereby request a hearing! Sincerely, John R. Parker Jay E. Parker FROM FIX NO. : Jan. 02 2004 10:05AM P2 January 1 , 2004 Debi Foley Planning Technician 212 Dear Ms . Foley: In response to your letter of 12/24/2003, I am requesting a public hearing regarding County File #VRO311O6 concerning variances requested by SAM & KELLY SISNEROZ property owners at 5005 Discovery Point, in Discovery Bay. Please send any information concerning this matter to Monte Davis 5015 Discovery Point Discovery Bay CA, 94515 Thank you for your assistance. Sincerely yours, Monte Davis January 5, 2404 Debi Foley Contra Costa County Community Development Department 651Fine Street,0 Floor,North Wing Martinez,CA 94553 Re: Request for Variance Application File No. VR031106 Property: APN No. 004-061-005 5005 Discovery Point Discovery Bay, CA 94514 Dear Ms.Foley: Following please review the findings that we believe support our request for variance approval. 1W storyJ`s1Iorage Area: The variance for the understory storage area would not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity in that many of the surrounding residences on Discovery Point have similar "un rstories". (See e.g. Exhibit"A"for property addresses and photos). We believe that this is because the topography of lots on Discovery Point, with the levee sloping dawn to the fluctuating inter line,allows for an understory while maintaining and not exceeding the maximum height required by the County. Our lot is also smaller than others located in this water sport community. The added storage area allows this property to have storage area similar to that of others in the vicinity. This will benefit the community and surrounding neighbors by keeping water sports equipment and personal property out of view. In that total height of the building is preserved and a secure storage area'is provided which will eliminate the possibility of unsightly storage when viewed from the water,the variance substantially meets the intent and purpose of the land use district in which the property is located. Side YardSetbak Reuuest: The variance for a slight encroachment for outside back decks into the side yard setback would not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity in that surrounding neighbors have access to their decks in the same manner as requested. For example the Parker residence immediately next door has a similar deck within the side yard set back, as well as the.Davis residence immediately next door on the other side of us. The geography and shape of our lot is such that our lot narrows at the waterside,where the deck is, a difference of approximately 4 feet from the street side. This variance provides easy access from the 10-foot side yard to the dock. This too is typical on Discovery Point and is found frequently throughout Discovery Bay(See e.g. Exhibit "B"for property Debi Foley January 5, 2004 Page Two addresses and photos}. In that the house structure itself does not encroach at all unto the sideyard setback, and only the rear deck encroaches a small amount(5 feet) in order to provide easy dock access similar to neighboring homes,the variance meets the intent and purpose of this land use district. We believe these findings to be sufficient for County approval meeting the guidelines requesting a written statement from us by the County for variance approval. Respectfully, Saxe and Kelly Sisneroz 1025 Discovery Bay Blvd. Discovery Bay, CA 94514 925/634-8147 Enc;Exhibits A&B 1 it• �Y � 4 t� { �. � r .- .- f 1 y i 2 7 yr 5 „�_ Y✓ � r E SS i S Y 5 P ir •1 fi�"".- ».,, t�,"�y{ >c,`�� k�x�.�s-y,•tom, x�,wt �'a' .; Tr t �w lb Nt iO r S ITT r 77 Y r . Y `fid` t �'� •�' - ,.5 �- { 7 9 k d i r +r J. tA ;t .izro'+� .iaa k f#j„ � . .. F i (YFoy # t SY hill % t� OWN ;ll i t59 �sTV .. � 2 r Ir r � Ria t MITI, $��Rit r f ` reKim mrff"p r, Aw W'i s 4? 3 ca r r fit �' �p '�'�} � a sl �v�^ry?� �Y��.�a"'� v�.+,v,�3i� � }!�'�+��n r > � �t h•'�y 3 a,^� Y x r r' St4 Y �� _wla..Fd A� �f '4 ,� t''•`l#uh t 2 I r . x e � tI ITI ji __ TT "B" Page 2 of 2 M MIS S LL 3 l DAVIS RESIDENCE-5015 DISCOVERY POINT NEIGHBOR ON RIGHT SIDE OF LOT Z MEHLMAN$ TERBEEK LLT' Attorneys &Counselors At Law 350 N Wiget Dane, Suite 150 ` Walnut Creek California 94598 Tel: (925) 935-3575 Pax: (925) 935-1789 e-mail: mehlman-terbeelsbc lobal.net Steven J Mehlman Marc L. 'Ter$eek December 30, 2003 Community Development Department Contra Costa County 651 Pine Street 4'Floor,North Wing Martinez, CA 94553 Attention Debi Foley: Re: Sisneroz Variance Application,VR031106, 5005 Discovery Point, Discovery Bay, CA Dear Ms. Foley: Our office was previously retained by Sam Sisneroz and Kelly Sisneroz, in connection with their efforts to obtain approval of Reclamation District 800 of their plans for the reconstruction of their home at 5005 Discovery Point,Discovery Bay, CA (the "Sisneroz home"), a portion of which will extend into the Slope Control Area. In connection with our services in that regard, I spoke with the neighbors on both sides of the Sisneroz property described above,which is the subject of the variance application. I also prepared an agreement running with the land,which was executed by Mr. and Mrs. Sisneroz; Monte Davis and LaDonna Davis, and John Parker and Joy Parker,which defines where the parties could locate their respective homes, and the elevations at which the parties agreed that the decks could be constructed. I am writing to you to clear up apparent misunderstandingon the part of Mr. and Mrs. Parker and Mr. and Mrs. Davis, about the variance application. Contrary to teir objections,no changes'have occurred with respect to the plans for the Sisneroz home, since those plans were approved by both Mr. and Mrs. Parker and Mr. and Mrs. Davis,when they signed the Agreement which we prepared setting forth the location of the Sisneroz home on their lot, and the heiht of their deck. Attached is a copy of that Agreement which runs with the land,that which was signed y Mr. and Mrs. Sisneroz on August 29, 2003, and by Mr. and 1 Reclamation District 800 approved the storage area,but required clarification to plans submitted by Mr. and Mrs. Sisneroz prior to August 2003,to note that pressure treated wood and drainage be installed.below 8' 6" MSL. A notation to that effect was added to the plans in August 2003 prior to the execution of the Agreement between our clients and their neighbors. An earlier set of preliminary plans had referred to the landing area by the back door to the house as deck, but this was corrected to refer to "landing„ long before Mr. and Mrs. Davis, Mr. and Mrs. Parker, and Reclamation District 800 approved the plans in August of 2003. The implication of Mr. and Mrs. Parker's December 15, 2003 letter objecting to the landing and deck, that there was a change in the plans after they were submitted and approved by thein.,Mr. and Mrs. Davis, and.the Reclamation District 800 Board,to change the deck to landing or to change the configuration of the same, is incorrect. MEHLMAN 40 TERBEEK LLP Ms. Debi Fraley Community Development Department December 30, 2003 Page 2 Mrs. Davis and Mr. and Mrs. parker on August 30, 2003, and was subsequently recorded by the County Recorder on September 8,2003 and. Prior to the parties executing this Agreement on August 29 and 30, 2003,our clients had submitted final plans for the Sisneroz home,showing the location and height of the decks, to Reclamation District 800. In a conversation which I had with Monte Davis on August 18,2003,he acknowledged that he had obtained ptans for our clients' proposed home,three or four weeks before that date.' Likewise, I spoke with John Parker on August 28, 2003 after the final plans had been deposited with Reclamation District 800, and he indicated his ag�Bement to the plans. After receiving a copy of the signed agreement between our clients and their neighbors regarding the location, of the Sisneroz home and the height of the decks the Board for Reclamation District 800, approved the plans and encroachment into the slope control area. There has been no change whatsoever in the architecture, location of the buildings and decks, and finished storage area for the Sisneroz home since these agreements were reached by Mr. and Mrs. Parker, Mr. and Mrs. Davis, and Mr. and Mrs. Sisneroz. There has also been no change in the plans for the Sisneroz home since approval of Reclamation District 800 was obtained. The variance application is being sought not because of any further changes in the plans,but rather because Reclamation District 8OO's approval, dealt with encroachment into the slope control area and the deck height,whereas the County must approve zoning setbacks and any variance therefrom. Even though no substantive changes were made to the plans after Reclamation District 8001 approval was obtained of the plans, and after the parties entered the above agreement,it was still necessary to also submit the samepfans to the County for approval,which required the variance'application.. It is not at all that Mr. and Mrs. Sisneroz can't compromise, or are applying to another agency to avoid conlying with the agreements and compromises that they reached with their neighbors. To the contrary, it is the very compromise that everyone approved for which they are seeking ' The plans which had been submitted prior to that conversation were identical to the final plans with respect to the understory storage area, except for the notation about using pressure treated materials and installing the drains. The plans were also identical with respect to the landing and deck, except for the location of the stairs, which had been changed pursuant to a suggestion by Jeff Conway of Reclamation District 800. 3 As set forth above, Reclamation District 800 was aware of, and also approved the storage area requiring only the clarification about using pressure treated wood and installing drains in case of flooding. ' In.the letter from John and Joy Parker,they claim that the new plans show a landing extending out 16 feet whereas the first plans called it a"deck". This is not the case, as prior to their signing the Agreement regarding the location of the building envelope and my client's deck height, I had discussed this very issue with both Mr. Parkers and Mr. Davis, and I had written to Mr. and Mrs. Davis about this very issue on August 14, 2003. The new objection to the height and location of the side wall of their home,is tantamount to bad faith, since Mr. and.Mrs. Parker had approved the building envelope after reviewing the plans, and now that my clients have spent thousands of dollars more in reliance on that approval and months of time have passed, Mr. and Mrs. Parker and Mr. and Mrs. Davis are now trying to stop another agency from allowing our clients to proceed with construction of what was previously agreed upon. MEMMAN*TERBEEK LLP Ms. Debi Foley Community Development Department December 30, 2003 Page 3 approval of the County by obtaining the grant of the variance. I hope that this clarifies the issue for the County and that the variance application will be approved,just as Reclamation District 800 also approved the encroachment into the slope control area. The variance for the under story storage area, is necessary because of the topography of the lots,with a downslope to the water, allows for an under story storage area without exceeding the maximum height limits. The grant of this variance does not provide our client with any special privileges,but rather provides storage consistent with other homes in the vicinity. It will also benefit the area by keeping sports equipment and personal property out of view. It is my understanding that Mr. Alad'em of Downey Brand Attorneys LLP, counsel for Reclamation District 800, indicated in his letter ofNovember 25, 2003 to you, the District's approval of this under story consistent with the District's approval of the Sisneroz home, so long as the under story is not habitable space, and there are safeguards in place to ensure that it is not turned into habitable space.' It is my understanding that my clients are amenable to discussing such safeguards with you and ether County planners, in order to come to an agreement regarding appropriate conditions on the grant of this variance. Likewise, the encroachment for outside back decks into the side yard setback would not constitute any special privileges inconsistent with limitations on other properties, as surrounding homes have similar access decks. It is the shape and geography of our clients' lot,which narrows as it approaches the water approximatelK,four feet, from the street, that makes this variance necessary so our clients are not deprived of similar rights that are enjoyed by others throughout Discovery Bay. This is not an attempt to place an oversized,or"monster" house on a small parcel. The home itself does not exceed any height limitations,nor does the building envelope extend into the side yard setbacks. Rather, our clients are merely attempting to enclose storage area under their house where the slope drops away and build their home on a foundation wall instead of piers. The home is consistent in size and look to others in the area, and will have the same open space between structures in the areas above the decks leading down to the dock. If you have any questions or wish to discuss this letter with me,please don't hesitate to call. Very s Steven Mehlrnan cc: Clients 5' It is my understanding that on December 3, 2003,the Town of Discovery Bay, also approved the plans subject to similar conditions being imposed to prevent the understory storage area from becoming habitable space, and has sent a letter to the County to that effect. MPHUMAN+TTExBEEK LLP f yt - �✓V�1✓S.i1..+r At 2.61.I..'E REQUEST 1 � � ) CONTRA COSTA Co Recorder Of f i ce Sam Sisneroz and Kelly Sisneroz STMN L, CIRClerk-Retcrder 0 rix,5"LyettA Ob-u-3 DOC— 200-0 —0446705-00 iscoveryDay,CA 94514 Check Number Monday, Up 08, 2ee3 14:34:46 (-WHEN RECORDED,MAIL TO) CPY $8.ee�MIC $Y.e0 a M0D $21.00 REC $2!5.001TCF $20.001 ME d .•TER.B u-P Ttl Pd $75.00 Nbr4HI731888 350 N. Wiget Lane, Suite 150 .mom/R311-21 Walaaut Creek, CA 94598 AGREEMENT This Agreement Jis of and concerning the following parcels of real property located in the unincorporated-area of Contra Costa County, State of California: 1)the real property which is cor imonly desenbed'a.s 5005 Discovery Point,.Discovery Bay, CA, and more particularly described on Exhibit"A" attached hereto and incorporated herein(hereinafter referred to as"Property A");2)the real property which is commonly described as 5015 Discovery Point, Discovery Bay, CA, and more particularly described on ExInbit"B"attached hereto and incorporated herein(hereinafler referred to as"Property B");and.3)the real property which is commonly described as 4985 Discovery Point,Discovery.Bay,CA.and more particularly described on Exhibit"C"attached hereto and incorporated herein(hereinafter referred to as"Property C"). WHEREAS,this Agreement is entered into with respect to the following facts: A. Sara.Sisneroz and Kelly Sisneroz,husband and wife(collectively referred to herein as "Sisneroz') are the current owners of Property A; B. Monte Davis and LaDonna Davis,husband and wife,(collectively referred to herein as"Davis")are the current owners of Property B; C. John Parker and Joy Parker, husband and wife, (collectively referred to herein as "Parker")are the current owners of Property C. Page 1 of 11 D. It is the desire and intent of the undersigned owners of Properties A,B and C to enter into an agreement at this time intended to constitute an agreement of covenants running with the land, for purposes of restricting the land according to a common plan as to the permissible location of buildings on said A, B, and C,so that all of the lands will be benefitted and each successive owner of all or a part of the lands will be benefitted by the preservation of the value and character of the lands through the preservation of views and minimizing impacts on the levies. NOW,TI:IEREFORE,in consideration ofthe mutual promises ofthe parties to this Agreement,each to the others as Covenantors and Covenantees,and expressly for the benefit of,and to bind,their successors in intzrest, the undersigned parties to this Agreement do hereby covenant and agree as follows: I. No building, or part of any building on Properties A, B, and C, other than eaves, decks, walkways and docks shall be placed on said Properties,in a manner such that the exterior of any wall of any building, shall extend further into the slope control area so that the exterior of any such wall is located beyond the Primary Structure Envelope Line, as shown on the parcel reap attached hereto as Exhibit"D" attached hereto and incorporated herein. The exact location of the Primary Structure Envelope Line on Parcel".A"is the line described on"Exhibit"E"attached hereto and incorporated herein. The exact location of the Primary Structure Envelope Line on Parcel"B"is the line described on"Exhibit`°F"attached hereto and incorporated herein.The exact location ofthe Primary Structure Envelope Line on Parcel"C"is the line described on "Exhibit"G"attached hereto and incorporated herein. 2. The decks on the main floor level towards the water on Property A&B shall not be higher than the elevation of the existing main deck on Property "B", the top of the waking surface of which is located a t an elevation of 1 M feet above sea level. The decks on Property"C",shall not be higher than the elevation of the existing deck on Property"C" , the top of the walking surface of which is located at an elevation of I I feet above sea level. Page 2 of 11 3. If any of the provisions of this Agreement are held to be invalid or unlawful by the final judgment of a Court of competent jurisdiction,that invalidity or illegality will not affect the validity of any other provisions of this Agreement. 4. In any action, or proceeding to interpret or enforce these provisions, the prevailing party shall be entitled to costs incurred and reasonable attorneys fees. 5. This Agreement may be amended,modified,or renewed only by a writing signed by all of the current owners of the Properties A,B, and C,herein identified. 6. The covenants set forth herein are made and entered into pursuant to the provisions of California Civil Code §1468; shall run with and burden the land of the owners of the properties A.B.and C,respectively described in Exhibits A,B,and C,and every portion thereof; shall be binding on all parties owning,having or acquiring any right,title, or interest,in said properties or any portion thereof; and shall be for the benefit of each owner of all or any portion of said properties and of any interest therein, and shall firther be for the benefit of said properties, and shall inure to the benefit of,`'arid be binding upon each successor in interest and assign of said owners. Each and all of said obligations, covenants, conditions, limitations,and restrictions shall further be deemed to be, shall be construed as,and shall be enforceable as, equitable servitudes by said owners and their successors in interest and assigns, singularly and in combination, against all persons, entities and properties subject to the terms hereof. RT VvI'I.NESS VV71EREOF, the parties to this Agreement have executed this Agreement. P OPERTY A: DATED: .� , 2003 isneroz DATED:, 2003 ly Sim oz Page 3 of 11 446705 PROPERTYB: DArEI7: , 2003 Monte Davis DArED: '6 ao 2003 A L onna Davis PROPERTY C: DATED: 2003 ohn Parker DA'R'ED: , 2003 _ rker Page 4 of 11 446705 EXInIx'A Property A Legal Description The land referred to is situated in the County of Contra Costa, State of California, and is described as follows: LOT 5, SHOWN ON TEE MAP OF SUBDIVISION 4077,FILED FEBRUARY 17, 1971,MLNMAP 1300K 135, PAGE 13,AND AMENDED MAP OF SUBDIVISION 4077,FILET)JULY 8, 1974,IN MAP BOOK 170,AT PAGE 36, CONTRA COSTA COUNTY RECORDS. EXCEPTING THEREFROM: - 1. THE UNDIVIDED %INTEREST"LN AND TO ALL OIL, GAS,HYDROCARBONS AND OTHER NERALS OF EVERY KIND AND NATURE"GRAFTED IN THE DEED TO FRANK.A.WEST, ET AL,RECORDED DECEMBER.21, 1962,BOOK 4268, OFFICIAL RECORDS,PAGE 334,NOT EXCEPTING HOWEVER,TEE INTEREST IN THAT PORTON THEREOF"LYING WITHIN 500 FEET OF THE SURFACE"GRANTED IN THE TEED TO BDcLAND CORPORATION. , RECORDED JANUARY 22, 1969,BOOK.5796, OFFICIAL RECORDS,PAGE 446. 2. THE UNDIVIDED 1/4 IN'TERES`T`"IN AND TO ALL, OIL,GAS,HYDROCARBONS AND OVER MINERALS"RESERVED IN THE DEED FROM FRED PEZZI,ET AL,RECORDED NOVEMBER 2, 1965,BOOK 4985,OFFICIAL RECORDS,PAGE'.351,NOT.EXCEP'T'ING HOWEVER, THE INTEREST IN THAT PORTION THEREOF"LYING WITHIN 500 FEET OF THE SURFACE„ GRANTED IN TETE DEED TO BDaANL7 CORPORATION,RECORDED JANUARY 22, 1969,BOOK 5796, OFFICIAL RECORDS,PAGE 446. 3. il=1MALS RIGHTS RESERVED IN THE DEED FROM VERONICA DEVELOPMENT CORPORATION,RECORDED JUNE 22, 1971,BOOK 6414, OFFICIAL RECORDS,PAGE 147,AS FOLLOWS: "EXCEPT TNG AND RESERVING THEREFROM:ALL,OIL,GAS,MINERALS,OR OTHER HYDROCARBONS LOCATED MORE THAN 500 FEET BELOW THE SURFACE OF THE EARTH WSIFIOUT ANY RIGHTS OF SURFACE ENTRY WHATSOEVERTOR THE PURPOSE OF EXTRACTING OR TRANSPORTING SUCH OIL,GAS,MINERALS,OR HYDROCARBONS". ASSESSOR=S PARCEL NO. 004-061-005 Pare 5 of 11 446705 Property B Legal Description The land referred to is situated in the County of Centra.Costa, State of California, and is described as follows: Lot 4,as shown on the amended map of Subdivision 4077,filed July 8, 1974,in Map Book 170,at page 36,Contra Costa County records. FXCEPTL�lG THEREFROM:All oil,gas,minerals,or other hydrocarbons located more than 500 feet beneath the surface of the earth without any rights of surface entry for the purpose of extracting or transporting such oil.,gas,minerals, or hydrocarbons;as reserved in the deed executed by Veronica Development Corporation, recorded June 22, 1971 in Book 6414 of Official Records,at page 818,Contra Costa County records. Page 6 oy 11 44670 • L''.a'L.f113i3L 1 C Property C Legal Description The land referred to is situated in the County of Contra Costa, State of California,and is described as follows: Lot 6,Amended lviap of SUBDIVISION PLEA.SAt NITON,filed July 8, 2974,Map Book 170,page 36, Contra Costa County Records. Page 7 of 11 • L ClXMBr L Parcel Map Drawing showing the Primary Structure Envelope Line On Properties A, B and C Page 8 of 11 i f f ,SCJ y.•ylCvp"ffiq�g /J �tS car fit, +ri ly ` r�m`a,aoN� �• l{ � Ua���b �, � y� l .a„E -► "sem 1 oq - „t f 4k pg r r t &I uocc }jJ ysq� t '^L J IK1.41 g { �+i w ui S Alt i% 1 t i Vol,�1��iaa� L' •t�s 446705 r EX l L' Primary Structure Envelope Line Description On Property A t k t t f, Page 9 of 17. kms=. 446705 Exhibit "E" Legal description Primary Structure Envelope Line On Property A - Sisneroz A line through Lot 5 of Amended Map of Subdivision No. 4077, Discovery Bay - Unit Three, filed Judy 8, 1974, in Book 170 of Maps at Page 35, in the Office of the County Recorder of Contra Costa County, State of California. More particularly described as follows: Beginning at the southwest corner of said Lot 5, said point also being described as the southeast corner of Lot 6 of said Subdivision No. 4077; thence running along the. common line of said Lot 5 and Lot 6, North 22*18'34" East, 88.10 feet to the True Point of Beginning, said point also being described as lying on a curve concave to the northeast and having a radius of 1886.94 feet, a radial line to said point bears South 22°1834" West; thence southeasterly along said curve 57.32 feet through a central angle of 0104428" to the common line of said Lot 5 and Lot 4 of said Subdivision No. 4077, the southeast corner of said Lot 5 bears South 20034'08" West, 88.10 feet. William . Poloske, PLS 6021 LAND , Expires 03/31/05 , C• �, �`. No. 60 6 Exp. 0 s OF C.A 03-033-s.doc(&0&03) ------------ } 44670 ` r Fff F Primary Structure Envelope kine Description On Property B t i, i f { 1 Page 10 Of 11 F j� i 446705 Exhibit T"1 Legal Description Primary Structure Envelope Line On Property B - Davis A line through Lot 4 of Amended Map of Subdivision No. 4077, Discovery Bay - Unit Three, filed July 8, 1974, in Book 170 of Maps at Page 36, in the Office of the County Recorder of Contra Costa County, State of California, More particularly described as follows: Beginning at the southwest corner of said Lot 4, said point also being described as the southeast corner of Lot 5 of said Subdivision No, 4077; thence running along the common line of said Lot 4 and Lot.5, North 20034'08" Bast, 88.10 feet to the True Paint of Beginning; thence South 77000'35" East, 57.61 feet to the common line of said Lot 4 and Lot 3 of said Subdivision No. 4077, the southeast corner of said Lot 4 bears South 18049'42"Vilest, 94.80 feet. Willis C. Poloske, PLS 6026 Expires 03/31105 , . AND C. No. 6026 Exp. 03-033-4.doc(8/06/03) 4 446 01.1 a Err G Primary Structure Envelope Line Description On Property C t i i Page of aI I r 446705 a r ` 5 Exhibit "G" Legal Description Primary Structure Envelope Line On Property C - Parker A line through Lot 6 of Amended Map of Subdivision No. 4077, Discovery Bay - Unit Three, filed July 8, 1974, in Book 170 of Maps at Page 36, in the Office of the County Recorder of Centra Costa County, State of California. More particularly described as follows: Beginning at the southeast corner of said Lot 6, said paint also being described as the southwest corner of Lot.5 of said Subdivision No. 4077; thence running along the common Eine of said Lot 5 and Lot 6, North 22018'34" East, 88.10 feet to the True Point of Beginning; thence North 61049`35" West, 57.46 feet to the common line of said Lot 6 and Lot 7 of said Subdivision No. 4077, the southwest corner of said Lot 6 bears South 24003'40" West, 93.10 feet. Willia C. P loske, PLS 6026 Expires 03/31/05 �� �A N D No. 6 26 r" Exp. 3r dS` OF CAOT 03-033-p.doc(8/0&03) I,*Adddd J+e`!`f C�rrvvai CTletrict Manager' P.O. BOX 262 v v 1640 Discovery Bey Sivd., Ste. 'A' u � 4 Oiscovery Bey;CA 94814 < P.O— B-ox 262 4 y a a 1540 DiscoveryBay Blvd..Ste.'R m b Office: 926-634-2357 a��q o �`� IJlsc&vew Bey,CA 94614 -2089 r ^0 ' H w� y' Fax: 921x-634 Z ��; '= �: v Office: 925-e34-2367' 5-634-206 ,� Wpb: www.rd�bb.org � n • Fax: 92 £3 H'97"i r Y Emai1: ydcOdbaccewo.not Web: www.rdsoo.org Debi Foley December 24, 2003 Centra Costa County Community Development Dept. 651 Pine St. 4 h Floor North Wing Martinez, California 94553 Re: Sisneroz's plans Dear Debi: It has been brought to my attention by Sam Sisneroz that some neighbors think the plans that are in your application package for a Variance request on 5005 Discovery Point in Discovery Bay are different than the plans approved by the Board of Reclamation District No. 800 and by the adjoining neighbors. The plans are identical except our plans call the storage area to be a storage area and that the finished floor elevation be at least elevation 9.2 feet mean sea level. If the finished floor area is below 9.2 feet MSL the property could be subject to flooding and may be required to have flood insurance. Please feel free to call if you have any questions. Sincerely, of rey . Conway District Manager __ _ _ r^, NORTHPOINTE DEVELOPMENT _ Design Construction:Management 1000 Rutherford Circle Brentwood,CA 94513 ° Office 925.516.11643 Fax 925.516.0918 Contra Costa Community Development 651 Pine St. 4''Floor North Wing Martinez,CA 94553 Atty;Ms.Debi Foley. December 24,2003 RE:VR.#031106 Debi, In regards to the Sisneroz's variance application, there has been some questions regarding potential changes to the plans after the agreement made by all the parties concerned after the June 5, 2003 Board Meeting between the Sisneroz Family,the Reclamation District 800,the remaining board members,and the adjoining neighbors, including the Parker Family and the Davis Family. I can say that with the exception of one item that there have not been any changes to the plans after this date. The one change that was made had to do with adding of an approach to the left front side of the rear deck from the left side of the residence and also adding an approach on the left rear side of the deck from the dock. This change was made due to the recommendation and direction from the Reclamation District 800 and is within their By- Laws. Again,I must emphasize that there has been no physical changes to the plans from June 5,2003 forward. If you have any further questions and/or clarifications please do not hesitate to contact me at your convenience. Sincerely, .. Thad Triplett Northpointe Development TMT/tt 12/22/2003 To Contra Costa County. This letter is in response to the request for variance for the 5005 Discovery Point address of Discovery Bay CA Parcel#004-061-005. As a home owner across from this address,I am against granting any variance for which all other houses in this vicinity are guilt. It is in my opinion that this house should be built within the same guide line as all other surrounding homes. Sincerely yours, Alan L. Ferguson �y December 18, 2003 03 Jim and Linda Gilcrest 4955 Discovery Paint Discovery Bay, CA 94514 Ms. Debi Foley Community Development Department 651 Pine Street 4th Floor - North Wing Martinez, CA 94553-0095 Re: Sam & Kelly Sisneroz, County File #VR031106 5005 Discovery Point Dear Ms. Foley, We strongly object to the issue of a variance for this project. The construction of oversized houses which exceed the height and setback regulations is seriously damaging the character of the neighborhood. Reduction of the side setbacks results in a closed in atmosphere from both the street and water sides as the views between houses are greatly restricted. The side setback regulations need to be enforced as they are written for the benefit of both the immediate neighbors and the overall neighborhood. Reduction of the side setbacks is also a concern with regard to fire hazards. Fire will spread more easily across the narrow house spacing and access for fire fighting is reduced. The height limitations must also be strictly enforced. The taller houses impact the overall visual impression of the neighborhood. These houses look totally out of context with the rest of the area. It is our goal to improve the aesthetics of our neighborhood, not detract from it. Allowing the construction of monster houses on small lots, seriously impairs both the visual impact and the general feel of the neighborhood. Please deny this application for a variance and strictly enforce the regulations throughout Discovery Bay in the future. Sincerely, im an inda i crest Debi Foley Planning Technician Contra Costa Countys Community Development Dept. 551 Pine Street 4th Floor-North Wing Martinez, Ca. 94553 Reference: Variance VR031106 5005 Discovery Pt. Blvd, Discovery Bay; California To whom it may concern: We are responding concerning the request for variances at 5005 Discovery Pt. Blvd, Discovery Bay. We are opposed to all the variances requested. The height, size and design of the house is not compatible with our neighborhood. A 3 story Douse is unacceptable. The waterside design of the house and decking clashes with the overall loop of our section of Lido Bay. Our area of Lido Bay is narrow and the house, if built as the plans show, would be out of Scale with the other nearby properties. Best regards, Ron and Terry Hornin 905 Lida Circle _Discovery December 14 , 2003 To : Community Development Department Subject : application for Variance at 5019�i1�.pc �efyPoint File #VR031106 I strongly object to the variances requested by Sam & Kelly Sisnero . I have been dealing with them since April 2003 . 1 have been to numerous meetings at Rec 804 about their requests for variances . They simply cannot be satisfied unless they get exactly what they want . They leave no room for compromise . The reason they have come to another agency is to get their own way with no stipulations . I feel that all agencies, county, Rec 804, and Discovery Bay Town Council should enforce the existing cedes . The drawing submitted with this letter shows an existing encroachment into the side yard on the east side of approximately two feet . I feel that their requests would be a detriment to the value of our property. Sincerely; Monte J. Da .is 5015 Discovery Point LaDonna J. Davis 5415 Discovery Point �. . C l� k. -J Dennis M.Barry,AICD k-lotTir1" unity Contra t # Community Devetopment Director 1. Development 0 Department County County Administration Building 051 Pine Street '. 6> : ��• �.+';,..v �,t„ ; � n w 4th Floor, North wing !. Martinez, California 94553-0095 Phony: r, ux 335-1210 December 12, 2003 Notice of intent to Render Administrative Decision Dear Property Owner: An application for a Variance permit has been submitted to this Department and is currently under review. The County Zoning Administrator will render a decision on this application following a public comment period. If you wish to comment or request a public hearing in this matter, you must submit a written statement by Monday, December 22, 2003 to the Community Development :Department 651 fine Street 4`h Floor-North Wing Martinez, CA 94553 The application is described as follows. SAKI & KELLY SISNEROZ (Applicants & Owners), County File #VR031106: A request for design review approval to construct a new single family residence with variances requested to allow a portion of the residence to have 3-stories (where a maximum of 21/2 stories is allowed), a 41/2-foot side yard (where a minimum of 10- feet is required), and for an aggregate side yard of 91/2-feet (where a minimum of 15-feet is required) on a substandard sized lot for purposes of determining neighborhood compatibility. The subject site is addressed #5005 Discovery Point Boulevard, in the Discovery Bay area. (F-1) (ZA.N-2 ) (CT: 3040) (Parcel #004- 061-005) Following the public comment period, the Zoning Administrator will (1) schedule a public hearing if one is requested, or (2) consider comments as suggested conditions of approval or as reasons for denying the application. - �y Sincerely yours, - " - Debi Foley � ;- Planning,Technician III cQ--`( unty Fill, R031106/Coli er Office Hours Monday - Friday: 8:00 a.m. - 5:00 p.m. � � , � j p is_„closed the 1 st, 3rd & 5th Fridays of each moat John and Joy Parker 4935 Discovery Point Discovery Bay, Ca 94514 December 15, 2003 Community Development Department 651 Pine Street 4�h Floor, North Wing Martinez, Ca 94553 Attention Debi Foley RE#VR031106: We object to the variance changes being considered by our next door neighbor Sam and Kelly Sisneroz at 50015 Discovery Point. This is just another eiement of an on going campaign to change the established variances. We have been negotiating with the Sisneroz since March 2003. Yet every time an agreement is reached, their architectural plans change. From the very first REC 800 meeting our objection was that the decks facing the water be the same elevation as the adjoining houses. However, we see that the plans now show a `Handing" that protrudes 15 feet out where the 1 rt plans called it a "deck". Should these variances be approved, the view from our back deck will be blocked. The new plans also reveal that were we to look out our east window (our kitchen nook), we will see a wall 35 feet high 4 '/ feet from our property line. This will not only block the view, but affect the resale of the property. Please enforce the existing codes and deny this petition. Sincerely, John R. Parker Joy E. 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...mmmmImmmmmm,.mmm Joyce Gelbach Susan Emmett Jody Lase 4635 Discovery Paint Blvd. 4640 Discovery Point Blvd. Debra Lase Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 4630 Discovery Point Blvd. Discovery Bay, Ca 94514 Walaine Hankins John & Susan Clanton Rick Davis 4620 Discovery Point Blvd. 922 Lido Circle 920 Lido Circle Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Mary Ann Matteson Carl & Connie Carlson Darleen Giannini 4677 Discovery Point Blvd. 985 Willow Lake Road 5007 Cabrillo Point Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Rosemary Killion Dawn Burks Tom.&Joan Deveau 5375 Willow Lake Court 5170 Edgeview Drive 5771 Starboard Drive Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Robert&Judith Clappier Steven&Devorah Cohen Herman&Mary Metcalf 912 Lido Circle 910 Lido Circle 4593 Discovery Point Blvd. Discovery Bay, Ca 94514 Discovery Bay,Ca 94514 Discovery Bay, Ca 94514 Clarence& Dolores Stone Jack Matteson Jim Hall Eric Matteson 4657 Discovery Point Blvd. 4705 Discovery Point Blvd. ry Discovery Bay, Ca 94514 4677 Discovery Point Blvd. Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Schilling Richard &Janet Bowman Holger&Eleanor Osborne 4485 Discovery Point Blvd. 4645 Discovery Point Blvd. 4991 Cabrillo Point Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Trudy& Robert Cross David &Danica Harris Jim Greene 4785 Discovery Point Blvd. 4780 Discovery Point Blvd. 4990 Discovery Point Blvd. Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Zack Greene Patricia Fine Ken Hanna 2431 Pismo Court 2122 Portside Court 914 Lido Circle Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Robert Anderson Jerry Nielsen Lynne C. Willenburg 4555 Discovery Point Blvd. 4865 Discovery Point Blvd. 790 Beaver Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Nina Hoffinan Lee Deupree David Fine 4623 Discovery Point Blvd. 2442 Yosemite Way 2122 Portside Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Joey Brionolie Gina M. Thurston Wes Tilton 300 Discovery Bay Blvd. 4855 Discovery Point Blvd. 5592 Marlin Drive Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 M. Pierce Ray John R. Hoffman Thad Triplett 4733 Discovery Point Blvd. 4623 Discovery Point Blvd. 1000 Rutherford Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Brentwood, Ca 94573 Adolph Sisneroz Russell Townsend John &Joy Parker 2410 Pinehurst Court Attorney 4985 Discovery Point Blvd. Discovery Bay, Ca 94514 454 W. Napa Street, Suite 200 Discovery Bay, Ca 94514 Sonoma, Ca 95476 APN 004-050-001-9 APN 804-050-002-7 APN 004-050-003-5 TRUDI VONAHNEN NANCIE L SAILOR MARY RUTH TRE BLANCO 900 LIDO CER 1021 E ROSE CIR P O BOX 1288 BYRON CA 94514 LOS ALTOS CA 94024 LOS ALTOS CA 94023 APN 004-050-004-3 APN 004-050-005 APN 004-061-001-6 RONALD C &TERRY HORNING THOMAS & DEBORAH TRE K€PERS RICHARD &VIVIAN TRE PETERSC 906 LIDO CIR 908 LIDO CIR 5045 DISCOVERY PT BYRON CA 94514 BYRON CA 94514 DISCOVERY BAY CA 94514 APN 004-061-002-4 APN 004-061-003-2 APN 004-061-004 GREGORY & LORI-ANN FULTON MICHAEL E & GENIE C TOMPKINS MONTE & LA DONNA DAVIS 50135 DISCOVERY PT 5025 DISCOVERY PT 5015 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-061-005-7 APN 004-061-046-5 APN 004-061-007-3 SAM & KELLY D SISNEROZ JOHN R &JOY E TRE PARKER RONALD P SAMOIAN 5005 DISCOVERY PT 4985 DISCOVERY PT 4981 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 804-061-008-1 APN 004-061-009-9 APN 004-061-010-7 WILSON A& AMY C TRE BORJA JAMES D & LINDA R GILCREST JEFFREY D & JULIE. L CONWAY 4975 DISCOVERY PT 1440 HIDDEN VLY RD 4935 DISCOVERY PT DISCOVERY BAY CA 94514 SOQUEL CA 95073 DISCOVERY BAY CA 94514 APN 004-062-009-8 APN 004-062-010-6 APN 004-062-011-4 RANDY L &TONI D DAY RUSSELL W &ANNE FISK FLOYD & SANDRA RING 4950 DISCOVERY PT 4960 DISCOVERY PT 4970 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-062-012-2 APN 004-062-013 APN 004-062-014-8 CHARLES J & MARGARET E JOHN L BROSIO GREENE ALAN L FERGUSON 4980 DISCOVERY PT 4990 DISCOVERY PT 5000 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-062-015-5 APN 004-062-016-3 APN 004-062-017-1 JOSEPH A JR & MARIANNE F CHERESA C NG LISA MONTGOMERY ANTUZZI 70 ZIRCON PL 5020 DISCOVERY PT 2763 WILLIAMS RD SAN FRANCISCO CA 94131 DISCOVERY BAY CA 94514 SAN JOSE CA 95128 APN 004-062-018-9 APN 004-062-019-7 SUSAN & STUART IAN R&JANEIS E TRE FARMER FORBES-ROBINSON 2782 CALLS ALEGRE 5050 DISCOVERY PT PLEASANTON CA 94566 DISCOVERY BAY CA 94514 _. . . RECLAMATION DISTRICT 800 David R.E. Aladjem Byron Tract Downey Brand P.O. 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CA L.LJ �. _J LrJ I i CD CD Li..1 r 1 f o. ex 'V ,, 4u, k R? f f 1� l} 0 1� r :;'�{. /rf,/,fir 1 /� 1ff1f}��� r i;j 'v fi%X.X,lrrf 1 { x C} {f r R'eN { Y• 4 �g,, fK� ,y s: Kyc 1x y .1 l T r ryr. Ff yy fW.fB.� � •f.< � ��ax� z .nt' s;,7`i 4 Ami'. �� �•" fF '� w A X as f•' ' %f/ .. `;,, z -sOA f ifn` ''fid fxc. IMP r f: : . U.nA Pay ot 't; otd q��r,an., r ril 10 DI r� � x ' w„b y 6 71 r } r r . r l BMW : r�- � X !y ' 06! r a 4 4 F t :S L �f r r,f9 .! l .✓/lf. i fl" f t ( < � { ���`i �/ �±�; \ �\ �� � < �\ . { � /({�) � �� �! }�� { � ! � �� � \ � � �� ` � �` �� �� (f� � �� 3 \ �'! } . , i !� \ }����/��` { � � ( . ( . . ( \ \ ( ( ( � � ( { ( { � ( � � { { . { { � � . { � { � { { � { ! � � { ( ° { � BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF Appeal by Jim Hall regarding the variance request in the Discovery Bay area trade by Sam and Felly Sisneroz, County File VRO311 Ob. I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited mail with Contra Costa County Central. Services for mailing by the United States Postal Service in Martinez, California. A copy of the hearing notice with First Class postage was mailed to the following: See attached list I declare ander penalty of perjury that the foregoing is trete and correct. Dated: August 30, 2004, Martinez, CA. K. Sinclair, Deputy Clerk Joyce Gelbach Susan Emmett Jody Lase 4635 Discovery Point Blvd. 4640 Discovery Point Blvd. Dedra Lase Discovery Bay Ca 94514 Discovery Bay, Ca 94514 4630 Discovery Point Blvd. Discovery Bay, Ca 94514 Walaine Hankins John &Susan Clanton Rich Davis 4620 Discovery Point Blvd. 922 Lido Circle 920 Lido Circle Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Mary Ann Matteson Carl &Connie Carlson Darleen Giannini 4677 Discovery Point Blvd. 985 Willow Lake Road 5007 Cabrillo Point Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Rosemary Billion Dawn Burks Tom & Joan Deveau 5375 Willow Lake Court 5170 Edgeview Drive 5771 Starboard Drive Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Robert &Judith Clappier Steven &Devorah Cohen .Herman &Mary Metcalf 912 Lido Circle 910 Lido Circle 4693 Discovery Point Blvd. Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Clarence &Dolores Stone Jack Matteson Jim Hall 4705 Discovery Point Blvd. Eric Matteson 4657 Discovery Point Blvd. Discovery Bay, Ca 94514 4677 Discovery Point Blvd, Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Schilling Richard &Janet Bowman Holger&Eleanor Osborne 4485 Discovery Point Blvd. 4645 Discovery Point Blvd. 4991 Cabrillo Point Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Trudy&Robert Cross David &Danica Harris Jim Greene 4785 Discovery Point Blvd. 4780 Discovery Point Blvd, 4990 Discovery Point Blvd. Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Zack Greene Patricia Fine lien Hanna 2431 Pismo Court 2122 Portside Court 914 Lido Circle Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Robert Anderson 4555 Discovery Point Blvd. Jerry Nielsen Lynne C. Willenbrrr� Discovery Bay, Ca 94514 4865 Discovery Paint Blvd. 790 Beaver Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Nina Hoffman Lee Deupree David Fine 4623 Discovery Point Blvd. 2442 Yosemite Way 2122 Portside Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Joey Brionolie Gina M. 'Thurston Wes Tilton 300 Discovery Bay Blvd. 4855 Discovery Point Blvd, 5592 Marlin Drive Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 M. Pierce Ray John R. Hoffman Thad Triplett 4733 Discovery Point Blvd. 4623 Discovery Point Blvd. 1000 Rutherford Court Discovery Bay, Ca 94514 Discovery Bay, Ca 94514 Brentwood, Ca 94573 Adolph Sisneroz Russell Townsend p John &Joy Parker 2410 Pinehurst Court Attorney 4985 Discovery Point Blvd. Discovery Bay, Ca 94514 454 W. Napa Street, Suite 200 Sonoma, Ca 95476 Discovery Bay, Ca 94514 RECLAMATION DISTRICT 800 David R.E. Aladjem Byron Tract Downey Brand P.O. Box 262 555 Capitol Mali, 10`x' floor Discovery Bay, Ca 94514 Sacramento, Ca 95814 APN 004-050-001-9 APN 004-050-002-7 APN 004-050-003-5 TRUDI VONAHNEN NANCIE L SAILOR MARY RUTH TRE BLANCO 900 LIDO?CIR 10121 E ROSE CIR P O BOX 1268 BYRON CA 94514 LOS ALTOS CA 94024 LOS ALTOS CA 94023 APN 004-050-004-3 APN 004-050-005 APN 004-061-001-6 RONALD C &TERRY HORNING THOMAS & DEBORAH TRE KIPERS RICHARD &VIVIAN TRE PETERSC 906 LIDO CIR 908 LIDO CIR 5045 DISCOVERY PT BYRON CA 94514 BYRON CA 94514 DISCOVERY BAY CA 94514 APN 004-061-002-4 APN 004-061-003-2 APN 004-061-004 GREGORY& LORI-ANN FULTON MICHAEL E & GENIE C TOMPKINS MONTE & LA DONNA DAVIS 5035 DISCOVERY PT 5025 DISCOVERY PT 5015 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-061-005-7 APN 004-061-006-5 APN 004-061-007-3 SAM & KELLY D SISNEROZ JOHN R&JOY E TRE PARKER RONALD P SAMOIAN 5005 DISCOVERY PT 4985 DISCOVERY PT 4981 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-061-006-1 APN 004-061-009-9 APN 004-061-010-7 WILSON A&AMY C TRE BORJA JAMES D & LINDA R GILCREST JEFFREY D &JULIE L CONWAY 4975 DISCOVERY PT 1440 HIDDEN VLY RD 4935 DISCOVERY PT DISCOVERY BAY CA 94514 SOQUEL CA 95073 DISCOVERY BAY CA 94514 APN 004-062-009-8 APN 004-062-010-6 APN 004-062-011-4 RANDY L&TONI D DAY RUSSELL W &ANNE FISK FLOYD & SANDRA RING 4950 DISCOVERY PT 4960 DISCOVERY PT 4970 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-062-012-2 APN 004-062-013 APN 004-062-014-8 CHARLES J & MARGARET E JOHN L BROSIO GREENE ALAN L FERGUSON 4980 DISCOVERY PT 4990 DISCOVERY PT 5000 DISCOVERY PT DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 DISCOVERY BAY CA 94514 APN 004-062-015-5 APN 004-062-016-3 APN 004-062-017-1 JOSEPH A JR & MARIANNE F CHERESA C NG LISA MONTGOMERY ANTUZZI 70 ZIRCON PL 5020 DISCOVERY PT 2763 WILLIAMS RD SAN FRANCISCO CA 94131 DISCOVERY BAY CA 94514 SAN JOSE CA 95128 APN 004-062-018-9 APN 004-062-019-7 SUSAN & STUART IAN R&JANEIS E TRE FARMER FORBES-ROBINSON 2782 CALLE ALEGRE 5050 DISCOVERY PT PLEASANTON CA 94566 DISCOVERY BAY CA 94514 NOTICE OF A PUBLIC HEARING BEFORE TIME CONTRA COSTA COUNTY BOARD OF SUPERVISORS ON PLANNING MATTERS DISCOVERY BAY AREA NOTICE is hereby given that on Tuesday, September 14,2004 at 1:00 pm in the County Administration Building, 651 Pine Street,(Corner of Pine and.Escobar Streets),Martinez,California,the Contra Costa County Board of Supervisors will hold a public hearing to consider the following planning matter: This is an appeal by Jinn Hall(appellant)of the East County Regional Planning Commission's decision to approve a request to construct a new single family residence on a substandard lot with a variance requested to allow a portion of the residence to have 3-stories(where a maximum of 2 1l2 stories is allowed),and a design review for purposes of determining neighborhood compatibility. The subject site is addressed#5005 Discovery Point,in the Discovery Bay area; Sam and Kelly Sisneroz(applicants and owners)County file#VRO31145. The location of the subject property is within the unincorporated territory of the County of Contra Costa County, State of California,generally identified below(a more precise description may be examined in the Office of the Director of Community Development,County Administration Building,Martinez, California): The location of the subject site is#5005 Discovery Point, in the Discovery Bay area. If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the County at,or prior to,the public hearing. Prior to the hearing, Community Development Department staff will be available on Tuesday, September 14,2004, 12:30 pn-.in Room 108,Administration Building, 651 Pine Street, Martinez,to meet with any interested parties in order to(1)answer questions; (2)review the hearing procedures used by the Board; (3)clarify the issues being considered by the Board; and(4)provide an opportunity to identify,resolve, or narrow any differences which remain in dispute. If you wish to attend this meeting with staff,please call Danielle Kelly at 335-1203,Community Development Department,by 3:00 pm on Monday, September 13,2004 to confirm your participation. Date: August 25,2004 John Sweeten, Clerk of the Board of Supervisors and County Administrator K. Sinclair,Deputy Clerk