HomeMy WebLinkAboutMINUTES - 02232010 - D.4RECOMMENDATION(S):
A. OPEN the hearing on the appeal by Paul and Tamara Attard from a January 2, 2009,
administrative determination of the Building Inspection Division pertaining to a building
permit (Permit #317097) for a Commercial Structure Barn/Dehydration Plant at 21 Old
Tunnel 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
public hearing.
B. ADOPT the Staff Report and Findings re: Appeal of Tamara and Paul Attard from the
January 2, 2009, Administrative Determination of the Building Inspection Division
Pertaining to a Building Permit (#317097) for a Commercial Structure Barn/Dehydration
Plant at 21 Old Tunnel Road, Orinda area (District II) (“Staff Report and Findings”).
C. AFFIRM the January 2, 2009, determination of the Building Inspection Division.
D. DENY the appeal of Paul and Tamara 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, Patrick Roche, Jason Crapo, Kevin Dumford, Marie Taylor, Mike Silva, Sherman Quinlan, Richard Lee, John
Wiggins, Lou Ann Texeira, Linda Wilcox, Steve Dexter, Jill Ray
D. 4
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:February 23, 2010
Contra
Costa
County
Subject:Hearing on the Appeal of the Attards on the Administrative Decision on a Building Permit for a
Barn/Dehydration Plant, 21 Old Tunnel Road, Orinda
FISCAL IMPACT:
If the Board denies the appeal and affirms the January 2, 2009, determination of the
Building Inspection Division, the Appellants have the option to submit a revised permit
application or revised plans. Staff’s review of these materials would be paid for with
permit application fees and would cause no impact to the General Fund.
BACKGROUND:
As outlined in the attached Staff Report and Findings, the Building Inspection Division
on January 2, 2009, advised Property owner and permittee James Lewis that the
description of work under a previously issued building permit for a Commercial
Structure Barn/Dehydration Plant was inconsistent with the approved plans. The permit
and plans are inconsistent because the permit described a building without plumbing, but
the plans showed plumbing that served a bathroom. Staff advised the property owner that
in order to continue construction, a revised permit application would need to be
submitted.
The Appellants have contested that determination, claiming that they have vested rights
under the permit and that the determination was factually inaccurate. Staff has performed
a comprehensive investigation of these claims and has determined that there is no merit to
this appeal. Staff therefore recommends a denial of the appeal.
CONSEQUENCE OF NEGATIVE ACTION:
If the appeal is upheld, the January 2, 2009, determination by the Building Inspection
Division will be overturned, and the Appellant may choose to commence construction of
the structure shown in the approved plans for Permit #317097.
Attachments:
I Staff Report, including Exhibits referenced in Staff Report.
II Selected excerpts of Contra Costa County Ordinance Code, Health and Safety Code,
Sewage Disposal Division, Subdivision and Individual Systems, Chapter 420-6.
III Selected excerpts of Contra Costa County Ordinance Code, Health and Safety Code,
Waterways and Water Supply Division, Water Supply, Chapter 414-4.
IV Contra Costa County Ordinance Code, §§ 72-6.202 and 72-6.212 (Building Code
excerpts).
V Government Code § 56133.
VI 12/22/2009 Contra Costa Times on-line news article.
CLERK'S ADDENDUM
CLERK'S ADDENDUM
CONTINUED to March 9, 2010 at 1:30 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
Listing of Exhibits (part of Staff Report)
Exhibit 1, Maps & Orthogonal Photographs, Figures I - IV
Exhibit 1, Maps and Orthogonal Photographs, Figures V - XI
Exhibit 2, Property and Project Chronology, 1984 - 2009
Exhibit 3, Photograph of the Site
Exhibit 4, Map of Oakland City Boundaries and City Sphere of Influence
Exhibit 5, 2008 Building Permit for a Commercial Structure Barn/Dehydration Plant, #317097
Exhibit 6, Selection of Sheets from Approved Construction Plans for Building Permit #317097
Exhibit 7, 2005 Caltrans/Bayseng Encroachment Agreement
Exhibit 8, Caldecott Tunnel Sewer Plans, As-Built, Site Plan, Sheet 1
Exhibit 9, 2005 Caltrans Encroachment Permit
Exhibit 10, 11-23-2005 letter from Ray Mailhot, Caltrans
Exhibit 11, 2-23-2008 letter from Oakland
Exhibit 12, Construction plans approved in 2006 by Environmental Health
Exhibit 13, Construction Plans rejected on 4-2-2007 by Environmental Health
Exhibit 14, 3-5-2007 letter from Environmental Health to Tamara Attard
Exhibit 15, Construction Plans Approved 4-18-2007 by Environmental Health
Exhibit 16, 10-2-2008 EBMUD letter to DCD on Proposed Extension of Water Main
Exhbit 17, 11-12-2008 DCD letter responding to the EBMUD proposal
Exhibit 18, 12-3-2008 EBMUD letter to Tamara Attard
Exhibit 19, 1-2-2009 DCD letter to James Lewis indicating that a revised permit application is required (Correction
Notice)
Exhibit 20, 2-3-2009 letter of Appeal from Tamara L. Attard
Exhibit 21, Notification List for Hearing on Appeal of Correction Notice
Exhibit 22, DCD letter granting a six-month extension of the period for the Building Permit
Exhibit 23, Excerpt of 7-21-2009 DCD NTC letter to James R Lewis, et al
Attachment II, Selected Excerpts of County Ordinance Code, Sewage Disposal
Attachment III, Selected Excerpts from County Ordinance Code, Water Supply
Attachment IV, Sections 72-6.202 and 72-6.212 of the County Ordinance Code (Building Code)
Attachment V, Government Code Section 56133
Attachment VI, 12-22-2009 CC Times article