HomeMy WebLinkAboutMINUTES - 09132011 - D.1RECOMMENDATION(S):
CONTINUE the public hearing on the appeal of the Notice and Order to abate a public
nuisance on the real property located at 4090 Gateway Road, Bethel Island in Contra Costa
County, APN: 030-140-002, until March 13, 2012.
FISCAL IMPACT:
None.
BACKGROUND:
In connection with the recommendation of the Historical Landmarks Advisory Committee
that the subject property be placed on the County Historical Resources Inventory, staff
recommends this hearing be continued by six months, to March 13, 2012, to provide the
property owner additional time to correct the code violations on the property.
The above-referenced property is located in an A-2/FH (Agricultural/Flood Hazard) Zoning
District.
The above-referenced property has a non-permitted substandard structure that is in violation
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/13/2011 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
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Jason Crapo,
925-335-1108
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: September 13, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 1
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:September 13, 2011
Contra
Costa
County
Subject:Appeal of Notice and Order to Abate for property located at 4090 Gateway Rd., Bethel Island
of Contra Costa County Ordinance Section Title 7, Chapter 72-6.202 and 712-2.004. The
structure was moved
BACKGROUND: (CONT'D)
to the property from another property without first obtaining a permit and approval for
the move. The structure is substandard which includes, but not limited to, lack of a
permanent foundation (the structure is supported by an axel and wheel system used for
moving structures), faulty weather protection (the siding has deteriorated), no utilities
(water, sewer, heat or electrical) in the structure and several windows are broken. These
conditions are a public nuisance in violation of Contra Costa County Ordinance Code
Sections: 72-6.202, 712-2.004, and 712-4.014 Uniform Housing Code Sections 1001.2,
1001.3 and 1001.8.
This structure was formerly located on the site of the Delta Coves development on Bethel
Island. The structure was scheduled for demolition in 2000 as part of the Delta Coves
project. The current owner aquired the stucture in 2000 and moved it to its present
location.
The structure has architectural and historic significance. It was constructed by E.A.
Bridgeford, a prominent judge and political figure on Bethel Island in the early twentieth
century. The current owner, Thomas Trost, has applied to have the structure placed on
the County Historical Resources Inventory (CHRI). Pending Board approval, placement
of the structure on the CHRI will reduce the burden for compliance with the County
Floodplain Management Ordinance, which will assist Mr. Trost in bringing the structure
into compliance with the requirements of the County Ordinance Code. Staff recommends
Mr. Trost be given an additional six months time to bring the structure into compliance
with remaining code requirements.
In 2003, the property owner applied for a Development Plan with the Community
Developement Department, in an effort to obtain historical designation and bring the
structure into code compliance. The Development Plan was approved in 2009, pending
certain conditions were met. These conditions include submitting a bond, elevating the
grade/ground level of the property to a level higher than the floodplain, obtaining a move
& building permit, and installing a new foundation for the structure. The property owner
failed to meet any of these conditions in the timeframe that was set, therefore the permit
is now invalid and the structure remains in violation.
Based on a complaint from a community member, the Department of Conservation and
Development initiated a code enforcement case in early 2011. The County Abatement
Officer made an initial inspection of the non-permitted substandard structure on February
1, 2011. The site inspection revealed the structure had been moved to the property
without a move permit and was still being supported by the axel and wheel system used
to move it. The property owner was informed of the violation and the corrective action of
obtaining the necessary permits.
The property owners did not obtain the necessary permits and code enforcement
continued. A Notice and Order to Abate for a non-permitted substandard structure was
served on the property owners and all known to be in possession of the property by
certified mail on May 21, 2011, and posted the above-referenced property on May 21,
2011.
The property owners filed an appeal of Notice and Order to Abate with the Clerk of the
Board. Notice of this appeal hearing was sent to the property owner by the Clerk of the
Board. For proof of service, see the Clerk of the Board at 651 Pine St., Rm 106,
Martinez, CA.
CONSEQUENCE OF NEGATIVE ACTION:
If the public hearing is not continued, the property owner will not be given an opportunity
to bring the structure into compliance with code requirements that are consistent with its
designation on the County Historic Resources Inventory.
CHILDREN'S IMPACT STATEMENT:
No fiscal impact.
CLERK'S ADDENDUM
CONTINUED to March 13, 2012 at 11:00 a.m. the public hearing on the appeal of the
Notice and Order to abate a public nuisance on the real property located at 4090
Gateway Road, Bethel Island in Contra Costa County, APN: 030-140-002.
ATTACHMENTS
Appeal Letter
Picture of structure
Structure on wheels
Back of Structure