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Home My WebLink AboutMINUTES - 10061992 - 2.9 2. 9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 6, 1992 by the following vote: AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None ----------------------------- SUBJECT: Report on Lafayette Morehouse (Morehouse/Humore, Inc. ) The Board received the report dated October 5 , 1992, from Victor J. Westman, County Counsel, summarizing steps taken and to be taken with reference to the possible zoning violations on Lafayette Morehouse (Morehouse/Humore, Inc. ) property, 1500 , 1507, Purson Lane, Lafayette, and 1400 Huston Road, Walnut Creek. The following persons spoke on issues with respect to the delays in getting this matter resolved, a recent fire on the subject property, and reference to a letter to the Contra Costa County Grand Jury requesting an investigation of County staff for the handling of this matter: Craig Divine, 1420 Huston Road, Walnut Creek; Dave Holland, 1444 Huston Road, Lafayette; Ken Boasso, 1880 Holland Drive, Walnut Creek; and Richard Rose, 1476 Huston Road, Lafayette. At the conclusion of the discussion on the Lafayette Morehouse issue, IT IS BY THE BOARD ORDERED that the report of County Counsel is ACCEPTED. I hereby certify that this la 8 true and correct copy of action taken and entered on the minutes of the cc: County Counsel ,ard of Supervisors on the date shown. County Administrator ;rTESTED: -fJ/2 J l,.' /f f 7— PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator 3y Deputy z COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA 'r Date: October 5 , 1992 To: Board of Supervisors From: Victor J. Westman, County Counsel flb�� By: Diana J. Silver, Deputy County sel Re: Lafayette Morehouse (Morehouse/Humore, Inc. ) : 1500, 1507 Purson Lane, Lafayette, 1400 Huston Road, Walnut Creek The following briefly summarizes steps taken and to be taken with reference to the possible zoning violations on the above- referenced property: 1 . On June 9 , 1992, the Board directed staff of the Community Development Department, with the assistance of County Counsel, to . pursue necessary steps for removal of tents on the property and to advise Morehouse/Humore of the need to apply for a land use permit. 2 . On June . 12, 1992, this office sent a letter to Lafayette Morehouse/Humore, Inc . (copy attached) requesting them to comply with applicable zoning, to remove the tents and to apply for a land use permit for a homeless shelter operation. 3 . Thereafter, Community Development Department zoning investigators , following the Board' s June direction and at the request of this office, initiated an extensive investigation of the land uses at the Lafayette Morehouse property. As a result of their investigation, the zoning investigators prepared a report which was presented to County Counsel ' s office on September 18 , 1992 during the course of a staff meeting concerning this matter. 4 . The Community Development Department zoning investigators recommended that further investigation of the land uses at the property be conducted and that they be allowed direct access on the property to conduct such further investigation. As one of the zoning investigators had previously been refused consent to enter the property during the investigation this summer, the zoning investigators ' requested that an administrative search warrant be obtained to allow such an on-site inspection of the premises . 5 . After review of the September 18 , 1992 zoning investigators ' report, this office concurs that an on-site inspection of the tents and dwellings on the property should be done to verify whether zoning i Board of Supervisors -2- October 5, 1992 f violations are occurring. 6 . On September 29 , 1992, this office sent a letter to Lafayette Morehouse/Humore, Inc . (with copies to their attorneys ) , requesting f permission for the zoning investigators to conduct an on-site inspection of the property (copy attached) . By the terms of the September 29 , 1992 letter, a response was required by 4 : 00 p.m. on Friday, October 2, 1992 . 7 . As no consent was given by Friday, October 2, 1992 at 4 : 00 p.m. , this office is now preparing documents to present to a judge requesting the issuance of an administrative search warrant of the property. We anticipate that this request will be made on or before October 9, 1992 . 8 . Assuming that the on-site direct inspection of the property confirms the existence of zoning violations , this will result in the initiation of appropriate civil legal action to enforce compliance with the County zoning ordinances . 9 . Today we received a written refusal from the Lafayette Morehouse attorney to access on to their property and disclaiming the existence of any zoning violations thereon (attached) . DJS :df djs(2): Norehse.m OFFICE OF COUNTY COUNSEL DEPUTIES: L�6PHILLIP ''C► CONTRA COSTA COUNTY S ANDEFRSON --�. gNDFiEA W.CASSIDY _ COUNTY ADMWISTRATION BU4DtNG %I CWE L DAWES K z MAFIKE S.ESTIS P.O. BOX 69 MICHAEL D.FARR LrLUANJM �^ MARTINEZ.CALIFORNIA 94553-0116 DEt-" T.Fl ENMS C.GRAVES KEVIN T.KERR 1 TELEPHONE (510)646-2074 EDWARDV.LANE,JR. t J.WESTMAN FAX (510)646-1078 MARY ANN M.MASON PAUL R.MUNIZ TY COUNSEL . VALERIE J.Rf.NCHE DAVID F.SCHMIDT io B. MARCHESI DIANA J.SILVER A W.wALENTA.JR. September 29 , 1992 VICTORIA T.WILUAMS uwrS Lafayette Morehouse, Inc. Humore, Inc. , The Private Sector HAND DELIVERY Alexander Van Sinderen Jacqueline Van Sinderen Victor Baranco 1500 Purson Lane Lafayette, CA 94549 Lafayette Morehouse, Inc. Humore, Inc. , The Private Sector Alexander Van Sinderen Jacqueline Van Sinderen Victor Baranco 1507 Purson Lane Lafayette, CA 94549 Re: VIOLATION OF ORDINANCE CODE OF CONTRA COSTA COUNTY at 1500 Purson Lane, Lafayette, CA (APNs 169-190-006 , 169-190-007 ) , 1507 Purson Lane, Lafayette, CA (APN 169-190-004 ) and 1400 Huston Road , walnut Creek, CA (APN 169-200-003 ) Dear Mr. & Mrs . Van Sinderen and Mr. Baranco: This office continues to receive complaints that there are zoning violations on the above-referenced property. The County zoning investigators would like to inspect the property (including adjacent parcels ) to verify whether any such violations exist. These include, but are not limited to the following: people living in tents, food distribution center on property, and business operations being conducted in an area that is zoned single family residential . Will you please allow one or two of the County' s zoning investigators to inspect the property during the next week? A date and time may be set during normal business hours , at your mutual convenience . •• s 5 s,, r a ' Lafayette Morehouse , inc . , etc -2- September- 29 , 1992 x 2, t; Please contact this office by 4 : 00 p.m. , Friday, October 1992 to let us know whether you will consent to the zoning inspection. k Very truly yours , Victor J. Westman County Counsel By: Diana J . Silver Deputy County Counsel DJS:df cc: County Administrator' s Office Attn: John Gregory Community Development Department Attn: Dennis Barry Attn-. Jim Hall Blackie Burak Richard Hyland Ron Wetter Ken Boasso } i' OFFICE OF COUNTY COUNSEL DEPUTIES: v "�►- CONTRA COSTA COUNTY SHAHARROOs.ALTHOFF SN L ANDERSON ANDREA w.CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L DAWES _ MARK S.ESTIS P.O. BOX 69 MICHAEL 0.FARR -.• ULLIAN T.FUJU MARTINEZ CALIFORNIA 94553-0116 DENNIS C.GRAVES i GREGORY C.HARVEY TELEPHONE (510)646-2074 KEVIN T.KERR FAX(510)646-1078 EDWARD V.LANE,JR 1 MARY ANN M.MASON 17013 J.WESTMAN PAUL R.MUAIZ -UNTY COUNSEL VALERIE J.RANCHE DAVID F.SCHMIDT June 12, 1992 DIANA VANO B.MARCHESI I SILLVERvER 'HUR W.WALENTA.JR. vlCToraA T.WILLIAMS SISTANTS i. Lafayette Morehouse, Inc . Humore, Inc. , The Private Sector Alexander Van Sinderen Jacqueline Van Sinderen Victor Baranco 1500 Purson Lane Lafayette, CA 94549 Lafayette Morehouse, Inc . Humore, Inc . , The Private Sector Alexander Van Sinderen Jacqueline Van Sinderen Victor Baranco 1507 Purson Dane Lafayette, CA 94549 Re: VIOLATION OF ORDINANCE CODE OF CONTRA COSTA COUNTY at 1500 Purson Lane, Lafayette, CA (APNs 169-190-006 , 169-190-007 ) , 1507 Purson Lane, Lafayette, CA (APN 169-190-004 ) and 1400 Huston Road, Walnut Creek, CA (APN 169-200-003 ) Dear Mr. & Mrs . Van Sinderen and Mr. Baranco: This office has received complaints that you are maintaining a number of tents (approximately 10 ) on the above-noted parcel of property which are being used for sleeping purposes on a continuing basis . The subject property is zoned R-20 (single family residential ) . This use of tents doesn' t constitute a normal auxiliary use to a detached single-family dwelling on the property and therefore, is not permitted (C.C.C. Ord. Code, § 84- 14 .402 ) . If you have not already done so, please immediately stop this use and remove the tents . In addition, on June 9, 1992, the Contra Costa County Board of Supervisors heard and reviewed testimony (both oral and written) and received a report from the County Administrator' s Office regarding homeless shelter operations currently being conducted on the above-referenced property. The Board of Supervisors is satisfied that the current operations require a FILE COPY Lafayette Morehouse, inc . -2- June 12 , 1992 land use permit . As your property is zoned R-20, a land use permit is required in order to conduct activities of a quasi- public charitable character and to maintain an eleemosynary or philanthropic use of the property (C.C .C. Ord. Code, § 84-14 - 404 , incorporating C.C .C . Ord. Code, § 84-4 .404 ) . As the Board has determined that your homeless shelter activities appear to fall within these categories , you are required to apply for and obtain a land use permit before such activities will be permitted . An application form for a land use permit is enclosed. If you have any procedural questions about completing and filing this application, please contact Dennis Barry, at (510 ) 646-2091 . If your application is not received within 10 days of this letter's date, we will assume you have no intention to comply. Failure. to comply may result in the filing of an enforcement action to obtain zoning regulation compliance. Very truly yours, Victor J. Westman County Counsel By: Diana J. Silver Deputy County Counsel DJS/jh cc: County Administrator' s Office Attn : John Gregory Community Development Department Attn: Dennis Barry Attn: Jim Hall Blackie Burak Richard Highland Ron Wetter Ken Boasso \mcrehouse.c!is APPLICATION FOIA A HEARING DATE FILE NO. 4 4PPUCANT OWNER flame Name %ddress Address t ity, State City, State j1hone Zip Phone Zip { Von-Residential Building Square Footage r Total Parcel Area Water Supply Source Vumber of Parcels Requested Agency Regulating Sewers NATURE OF REQUEST - Give Reasons 4pplicant's Signature Owner's Signature 10 Office Use Only kpplication Description 'roperty Description )rdinance Ref. Comments area Assessor's No. Date Filed =ire District Zoning District Filing Fee CensusTract Receipt No. Atlas Page By sphere of InfluenceG P Contra Costa County Community Development Department Sup. Dist. INSTRUCTICNS ON REVERSE SIDE 5 f-. N ATTORNEY AT LAW �r2 RC �9gG• 3237 DEER HILL ROAD \ U J LAFAYErrE, CALIFORNIA 44549 (415)283-7163 03x` s October 1 , 1992 Diana J . Silver , Esq . Office of County Counsel County Administration Building P.O. Box 69 Martinez , California 94553-0116 RE : Lafayette Morehouse Inc . , et al . Dear Ms . Silver : This is in response to your letter dated September 29 , 1992 . On behalf of the people and entities named therein , I hereby .inform you that we are aware of no zoning violations on the named property and do not consent to the requested inspection . truly yours , Richard W. Hyland /