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Home My WebLink AboutMINUTES - 03092010 - D.1RECOMMENDATION(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: 03/09/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III 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: March 9, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bob Drake, Jason Crapo, Kevin Dumford, Sherman Quinlan, Lou Ann Texeira D. 1 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:March 9, 2010 Contra Costa County Subject:Continued Hearing on the Appeal of Tamara & Paul Attard from a Notice of Suspension 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. This hearing was originally scheduled for February 23, 2010. On that date, Appellant Tamara Attard advised the Board that there had been a house fire at her residence on January 10, 2010, and that the fire destroyed her entire office. In response to the request, the Board continued the hearing to March 9, 2010, after Ms. Attard agreed to the following conditions: • No construction may continue on the residence at 1000 Fish Ranch Road during the period of the continuance, including no new sewer or domestic water hookups; • No construction may begin on a barn/dehydration plant building at 21 Old Tunnel Road, the subject of a concurrent appeal and concurrent request by Ms. Attard for a continuance. Additional Records Pertaining to Sewer Line At the February 23, 2010, Board meeting, the Appellants submitted several documents for the Board’s consideration, including one that shows reduced images of an inspection record card and letter submitted by Questa Engineering Corp. and states that the County “inspected and approved” the sewer line at 1000 Fish Ranch Road. As explained in more detail below, BID staff looked at the sewer line in 2006. However, the County Health Officer never approved the domestic water supply or the sewage disposal system to serve the residence: • In approximately September 2006, the Appellants requested that the County inspect a sewer line to the residence. An inspector with the Building Inspection Department (“BID”) responded to this request, walked the line with Ms. Attard and signed a permit card. Shortly afterward, it was determined that this inspection was in error, because the line was located more than two feet from the perimeter of the structure permitted. Later that same day, staff contacted Ms. Attard and advised her that the sewer line would need to be inspected instead by the appropriate regulatory agency. • On September 25, 2006, Carl H. Nelson, P.E. of Questa Engineering Corp. sent a letter to the Building Inspection Department, stating that, based on a construction observation by the company on September 22, 2006, the installation of the sewer line at 1000 Fish Ranch Road was “in general conformance with our plans regarding alignment, depth, grade and material.” A copy of this letter is attached as Attachment VIII. • On September 27, 2006, a plan checker with the Building Inspection Division stamped this letter, indicating it had been “reviewed for compliance.” The permit number is indicated as #374807. As plan checkers are not authorized to approve installations, this stamp does not constitute approval of the sewer line. Moreover, this stamp does not pertain to the permit at issue in this appeal, Permit #409539. • In a February 28, 2007, letter, a copy of which is attached as Attachment IX, Ms. Attard acknowledged that BID staff had informed her that the County was not authorized to inspect or accept the sewer line to the residence, and that it was the property owner’s responsibility to arrange for its acceptance by another public agency with regulatory authority. The above information and exhibits do not alter the analysis and recommendations contained in the Staff Report and Findings. The suspension of Permit #409539 was based on the permit’s invalidity. The permit is invalid because it was issued without the prior approval of the County Health Officer of a domestic water supply or sewage disposal system to serve the residence. Inspections or reviews of the sewer line installation by BID staff do not make Permit #409539 valid. Correspondence From Public Agencies Staff has received correspondence from two public agencies concerning this appeal: A. Moraga-Orinda Fire District– In an undated letter received February 24, 2010, a copy of which is attached as Attachment X, District staff indicates that it supports the installation of new fire hydrants in proximity to this property and the property at 21 Old Tunnel Road, in that the extension of a public water main to supply public fire hydrants Tunnel Road, in that the extension of a public water main to supply public fire hydrants with adequate fire flow close to these properties would enhance the District’s ability to protect these properties as well as the surrounding area. B. East Bay Regional Park District– In a February 22, 2010, letter, a copy of which is attached as Attachment XI, District staff indicates that the District’s Sibley Volcanic Regional Preserve is an adjacent neighbor to this site. The District supports a denial of the appeal. Staff expressed the District’s concern about the sewer connection and indicates that the District is conducting its own investigation of development activity to determine if there have been setback violations or an encroachment onto District property. Attachments: I Staff Report and Findings and Exhibits 1-24 thereto 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 from 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, §§ 72-6.404 and 74-2.002 (Building Code excerpt) V 2007 California Building Code, Cal.Code Regs. Tit. 24, Appen. Ch. 1, § 105.6 VI Government Code, § 56133 VII 12/22/2209 Contra Costa Times on-line news article VIII 9/22/2006 letter from Questa Engineering Corp. with 9/27/2006 BID stamp IX 2/28/2007 letter from Tamara Attard on her responsibility to arrange for sewer line inspection and acceptance by public agency with legal authority X Letter from Moraga-Orinda Fire District, stamped received 2/24/2010 XI 2/22/2010 letter from EBRPD 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 Jason Crapo, presented the staff report. Chair Gioia called for comment from the appellant(s). The following people spoke: David J. Bowie, attorney representing the Attards; Carlos Baltodanos, consultant. Chair Gioia called for comment from the public. The following people spoke: Linda Chavez, East Bay Regional Park District; Bruce Sorenson, resident of Danville; Ellen Dale, resident of Orinda; Laurence Thal, resident of Lafayette; Randy Soso, resident of Orinda; Paul Attard, property owner and appellant; Tamara Attard, property owner and appellant. Chair Gioia called for rebuttal comment from the appellants(s): David J. Bowie spoke. By unanimous vote of the Supervisors present, the Board: CLOSED the hearing; ADOPTED 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”); AFFIRMED the decision of the County Building Official set forth in the December 30, 2008, Notice of Suspension and Order to Stop Work; and DENIED the appeal of Tamara and Paul Attard. 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 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, CCC Building Code excerpts Attachment V, Calif. Building Code excerpt Attachment VI, Government Code Section 56133 Attachment VII, 12-22-2009 CC Times Article Attachment VIII, 9-22-2006 letter from Questa Eng. Corp. Attachment IX, 2-27-2007 Attard letter Attachment X, letter from MO Fire District, rec'd 2-24-2010 Attachment XI, 2-22-2010 Letter from EBRPD