HomeMy WebLinkAboutMINUTES - 02232010 - D.3RECOMMENDATION(S):
A. OPEN the hearing on the appeal by Paul and Tamara Attard from a December 30, 2008,
Notice of Permit Suspension and Order to Stop Work pertaining to a building permit
(#409539) for a new residence at 1000 Fish Ranch Road, in the Orinda area; RECEIVE and
CONSIDER oral and written testimony and other evidence from staff, the property owners
and other persons; and CLOSE the hearing.
B. ADOPT the Staff Report and Findings re: Appeal of Tamara and Paul Attard from the
December 30, 2008, Notice of Suspension and Order to Stop Work Pertaining to a Building
Permit (#409539) for a New Residence at 1000 Fish Ranch Road, in the Orinda area
(District II) (“Staff Report and Findings”).
C. AFFIRM the decision of the County Building Official set forth in the December 30,
2008, Notice of Suspension and Order to Stop Work.
D. DENY the appeal of Tamara and Paul Attard.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/23/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:See Addendum
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Bob Drake, (925)
335-1214
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 23, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Bob Drake, Ryan Hernandez, Steve Dexter, Jill Ray, Kevin Dumford, Jason Crapo, Marie Taylor, Sherman Quinlan, Richard Lee, John Wiggins,
Mike Silva, Lou Ann Texeira, Carlos Baltodano, Patrick Roche, Linda Wilcox
D. 3
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:February 23, 2010
Contra
Costa
County
Subject:Hearing on the Appeal of Tamara & Paul Attard from a Notice of Suspension for a Residential Building
Permit (#409539), 1000 Fish Ranch Rd., Orinda
FISCAL IMPACT:
No impact to general fund. If the Board denies the appeal and affirms the County
Building Official’s decision as set forth in the Notice of Suspension and Order to Stop
Work, the Appellants have until December 29, 2010, to demonstrate that the sewage
disposal requirements and domestic water supply requirements can be met for the
proposed residence. Staff’s review of these additional materials would be paid for with
permit application fees.
BACKGROUND:
As outlined in the attached Staff Report and Findings, the County Building Official on
December 30, 2008, issued a Notice of Suspension and Order to Stop Work. The notice
suspended a building permit that had been issued to Appellants Paul and Tamara Attard
for construction of a single-family residence at 1000 Fish Ranch Road on the grounds the
permit was invalid. The County Building Official determined the permit was invalid
because the County Health Officer had not approved either a domestic water supply or
sewage disposal system for the residence prior to issuance of the permit.
The Appellants have contested that determination, claiming that the County approved
their well and sewage disposal method before the permit was issued, that they have
vested rights under the permit, and that the Notice of Suspension and Order to Stop Work
was factually inaccurate. Staff has performed a comprehensive investigation of these
claims and has determined that there is no merit to the appeal. Staff therefore
recommends a denial of the appeal.
CONSEQUENCE OF NEGATIVE ACTION:
If the appeal is upheld, the Notice of Permit Suspension and Order to Stop Work will be
overturned, and the Appellants may choose to continue construction under Permit
#409539.
CLERK'S ADDENDUM
CONTINUED to March 9, 2010 at 1:15 p.m. with the understanding that the appellant
will not resume nor begin any construction on the premises during this interim,
including hookup of any new facilities such as water or sewage.
ATTACHMENTS
Request for Continuance
Attachment I, Staff Report Cover Sheet
Attachment I, Staff Report
Exhibit Listing (part of Staff Report)
Exhibit 1, maps & aerial photos
Exhibit 2, Property & Property Chronology, 1935 - 2010
Exhibit 3, Photographs of the Site
Exhibit 4, City of Oakland and Sphere of Influence
Exhibit 5, 2005 Board Order Denying Proposed Proposed On-Site Sewage Disposal Methods
Exhibit 6, 2005 Caltran/Bayseng Encroachment Agreement
Exhibit 6, 2005 Caltran/Bayseng Encroachment Agreement
Exhibit 7, Caldecott Tunnel Sewer Plans, As-Built, Site Plan, Sheet 1
Exhibit 8, 2005 Caltrans Encroachment Permit
Exhibit 9, 11-23-2009 letter from Oakland
Exhibit 10, 2005 Building Permit #374807
Exhibit 11, Approved site plan from 2005 building Permit, #347807
Exhibit 12, Large Scale Display of Agency Approvals from 2005 Site Plan
Exhibit 13, 2005 letter from Raymond Mailhot, Caltrans
Exhibit 14, 2008 Building Permit for New Residence, #409539
Exhibit 15, Approved Site Plans from 2008 Approved Building Permit for New Residence, #409539
Exhibit 16, 10-2-2008 EBMUD letter to DCD
Exhibit 17, 11-12-2008 DCD letter responding to EBMUD
Exhibit 18, 12-3-2008 EBMUD letter to the Attards
Exhibit 19, Declaration of Sherman L. Quinlan for 2-23-2010 Board Hearing Date
Exhibit 20, Notice of Permit Suspension and Order to Stop Work
Exhibit 21, 1-12-2009 letter of appeal from Paul and Tamara Attard
Exhibit 22, Notification List for Hearing on Appeal of Suspension of Building Permit
Exhibit 23, 12-9-2009 DCD letter to Tamara Attard
Exhibit 24, 1-7-2010 DCD letter to Attards
Attachment II, Selected Excerpts from County Ordinance Code, Sewage Disposal
Attachment III, Selected Excerpts from County Ordinance Code , Water Supply
Attachment IV, Section 72-2.002 of the County Ordinance Code, (Adoption of Building Code)
Attachment V, 2007 California Ordinance Code, Cal.Code Regs. Tit. 24, Appen. Chp. Section 105.6 (Suspension
and Revocation of Permits)
Attachment VI, Government Code Section 56133
Attachment VII, 12-22-2009 CC Times Article