HomeMy WebLinkAboutMINUTES - 10081996 - D.8 �.SE 'L .O �• �
Contra
Costa
TO: BOARD OF SUPERVISORS
County
FROM: HARVEY E. BRAGDON '•, -v`
DIRECTOR OF COMMUNITY DEVELOPMENTT—covKt't,�
DATE: September 17, 1996
SUBJECT: Appeal of Rich Ladeira of the Administrative Decision of the Community
Development Department Refusal to Clear a Building Permit for
Construction Plans for a Repair Shop/Office Building at #5300 Live Oak
Avenue in the Oakley area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the Appeal of the Administrative Decision
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
1984 Land Use Permit for Trucking Yard
The subject property consists of 4 . 8 acres and fronts on the east
side of Live Oak Avenue, between Main Street and Oakley Avenue in
the Oakley area (APN 037-100-027) ., In 1984, the County received,
conducted a noticed; public hearing on , and approved a land use
permit application (File #2111-84) to establish a trucking yard on
the property. At the time, the site was used as a vineyard with no
structures and was (and remains) zoned Light-Industrial . The
application site plan indicated that grading was proposed, but no
structures. The approved permit did not allow for any structures .
Building Permit Reguest
Recently, the owner, Richard Ladeira, attempted to obtain clearance
from the Community Development Department for a building permit
application for repair shop/office construction. Staff refused to
clear the plans because they were not consistent with the .zoning.
CONTINUED ON,�,ATTACHMENT: X YES SIGNATURE •
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITVE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 8, 1996 APPROVED AS RECOMMENDED X OTHER X
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT - - - TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Drake (335-1214)
Orig: Community Development Department ATTESTED October 8, 1996
CC: Rich Ladeira Trucking Inc. PHIL BATCHELOR, CLERK OF
County Counsel THE BARD OF SUPERVISORS
AND TY ADMINISTRATOR
BY DEPUTY
r
-2-
Furthermore, the proposed structure is not shown on the site plan
associated with the 1984 land use permit. Mr. Ladeira was advised
that before the plans could be cleared, he would have to file and
obtain approval of a new land use permit application to amend the
1984 permit .
Appeal Filed
In a letter dated August 30, 1996, Richard & Priscilla Ladeira
filed an appeal on the administrative decision not to clear the
construction plans . The Ladeiras are also seeking waiver of the
requirement to file and obtain a land use permit application before
the proposed improvements can be established.
DISCUSSION
The Zoning Ordinance does not authorize the County to clear
development unless permitted by either the zoning or by an existing
entitlement . The proposed structure is not authorized by either
the existing zoning or by the previous land use permit . The only
way that the proposed development may be permitted is by the
appellant filing and obtaining a new land use permit application.
ADDENDUM TO ITEM D.8
October 8, 1996
On October 1, 1996, the Board of Supervisors continued to this date, the hearing
on the appeal of Rich Ladeira from the administrative decision of the
Community Development Department, relative to the refusal to clear a building
permit (County File #LUP 84-2111), for construction plans for a repair
shop/office building at 5300 Live Oak Avenue, Oakley Area.
Dennis Barry, Community Development Department, presented the staff report
and recommendation on the issue.
The public hearing was opened, and Appellant, Richard Ladeira, 30 Madeira
Court, Oakley, commented on the issues.
No one else desiring to speak, the hearing was closed.
IT IS BY THE BOARD ORDERED that the public hearing is CLOSED;
staffs recommendation is APPROVED, denying the Appeal of Richard Ladeira
from the administrative decision of the Community Development Department to
clear a Building Permit (County File #LUP 84-2111); and Community
Development staff is DIRECTED to concurrently process the succeeding
application for a Land Use Permit and Building Permit expeditiously.
• Foothill Bulk Transport OXS�
RICH LADEIRA TRUCKING, INC.
4
30 Madeira Ct. 510-757-6227
Oakley, CA 94561 1-800-273-6227
FAX 510-778-7270
August 30, 1996
Board of Supervisors
Contra Costa County
651 Pine Street
First Floor
Martinez, CA 94553
RE: Revision of Land Use Permit Special Consideration
We are requesting that a special consideration be given to Rich
Ladeira 's request for a building permit be issued and any and
all revisions be made to our existing land use permit LUP 2111 -"-
84.
Our land use permit was granted 2/15/85 for a truck yard which
had been established according to the County guidelines.
Let me take a step back a little, we agreed to purchase the
parcel of land based on the approval of zoning changes to that
piece of land. We applied and were given approval to our request
to change the zoning from multiple residential/agricultural
to light industry.
We were told upon our purchase, 10/6/84, by Enrico Cinquini
that we could erect a "pole barn" without a building permit.
When we started construction on a "pole barn" we got into a
whole mess of trouble. The final result was we were issued
the building permit and paid the drainage fees, the building
was then completed and all stages were approved in 1991 .
All PG&E specifications were met, building codes were met, safety
requirements, and emergency needs including the installation
of fire hydrant at a cost of $6000. Everything was done
according to County requirements. The County just neglected
to have us revise our Land Use Permit. Since we already held
a Land Use Permit and it is logical to expect that a repair
shop and office would be on the property for the trucking
company, we did nothing.
Now when we want to build another building adjacent to the
existing building we are told no revision was made to our Land
Use Permit for the first building, County oversight. We were
told that to obtain a new Land Use Permit we must go before
the Board of Supervisors at a public hearing. This process
would take 90 to 120 days, without a protest, which would make
it the height of the rainy season. We are also sure that the
housing that went in, despite our protest and that of several
of our neighbors, could hold up the project even longer.
Foothill Bulk Transport
RICH LADEIRA TRUCKING, INC.
30 Madeira Ct. 510-757-6227
Oakley, CA 94561 1-800-273-6227
FAX 510-778-7270
Special Consideration Page 2
We request that our existing Land Use Permit be updated to
include the existing building and the new building at the 1990
fees, especially considering this was a County oversight.
In closing we believe that a public hearing at this point in
time would be like closing the barn door after the horse was
out. Not to mention that when we bought and built the only
activity close to us was Stacy Trucking across the street.
We honestly thought the Land Use Permit in 1985 for the truck
yard was all that was needed in respect to a Land Use Permit. f
We -had plenty of time to get a new LUP if we had known we needed
one back in 1989, during our stop work order, from 1989 to 1990.
We have done everything else required of us and have paid out
a great deal of money $22000 Public Works, Fire Hydrant $6000,
various building permit fees $3000 to $4000. Knowing how much
we spent on all this why would we not have spent so little more
for the revision of our Land Use Permit.
The fair thing now, would be just for us to pay the fees based
on the 1990 rate for the revision of the Land Use Permit and
be done with it. We appreciate you consideration in this matter
as expeditiously as possible.
C-Qrdiall
4 '
Richard N. Ladeira
Priscilla Ladeira
.03
Foothill Bulk Transport
RICH LADEIRA TRUCKING, INC.
a 30 Madeira Ct. 510-757-6227
Oakley, CA 94561 1-800-273-6227
FAX 510-778-7270
VERIFICATION
I, Richard N. Ladeira, hereby certify:
That I am authorized to make this verification on behalf
of Richard & Priscilla Ladeira. The statements in the foregoing
document are true of my own knowledge, except as to those matters
which are therein stated upon information and belief, and as
to those matters I believe them to be true.
I declare, under penalty of perjury, that the foregoing
is true and correct.
Executed on this date, August 30, 1996, at Oakley,
California 94561 -1735.
RICHARD N. LADEIRA
scl....Q U-4-R.- 00' ,C
CONTRA COSTA COUNTY PLANNING DEPARTML14f
APPROVED PERMIT
APPLICANT: Frank Bellecci APPLICATION NO. 2111-84
1920 r
Galindo Street
Concord, CA 94522 ASSESSOR'S PARCEL NO. 037-100-027
Con
OWNER: Stonegate ZONING DISTRICT: L-I
Post Office Box 69
Oakley, CA 94516 EFFECTIVE DATE: July 27, 1984
This matter not having been appealed within the time prescribed by law, ajpermit for
a trucking yard.
;s hereby granted, subJect to the attached co.^.a-
Bragyn,
AEH S Dir or of Planning
BY:
Ac g Zoning Administrator
Unless otherwise provided, THIS PERMIT WILLEA from the effective date,
if the use allowed by this permit is not established within that time.
PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office.
EXHIBIT -!
CONDITIONS OF APPROVAL FOR 2111-84:
1. This permit is approved for a trucking yard. The permitted use shall be limited to the
western portion of the property as denoted on plans received by the Planning
Department May 3, 1984.
2.' Landscaping shall be provided at the driveway .entrance area and along the frontage
of the property having a depth of not'less than 10 feet.
3. Prior to establishment of the permitted use, a landscape and irrigation plan shall be
submitted for the review and approval of the Zoning Administrator providing for
type, size and location of planting. Landscaping shall be installed piror to
establishment of permitted use. All trees shall be a minimum 13 gallon size, shrubs
shall be a minimum 5 gallon size.
4. The perimeter of the developed site shall be bounded by a chain-link fence with`
redwood slat inserts along the frontage section.
S. Except for the area reserved for landscaping, the area of the truck yard shall be
covered with gravel.
6. Any lighting shall be screened from illuminating nearby properties.
7. Comply with the requirements of the Public Works Department as follows:
A. Unless exceptions are specifically granted, comply with the- reouiremants
of Division 1006 (Road Dedication and Setbacks) of the County Ordinance
Code. This includes the following:
1. Convey to the County, by Offer of Dedication, 10 feet of additional
right of way on Live Oak Avenue as required for the planned future
width of 60 feet. .
2, Construct curb, 4-foot 5-inch sidewalk, necessary longitudinal
and transverse drainage, and necessary pavement, widening on Live
Gak Avenue. The face of curb shall he located 20 feet from the
centerline of the street.
3. Install street lights on Live Oak Avenue. The final number and
location of the lights will be determined by the Traffic Engineer.
4.. Relinquish abutterls rights of access along Live Oak Avenue with
the exception of one accessway as shown on the site plan submitted
with this application.
Q. In accordance with Section 82-2.014 of the County Ordinance Code,
-this development shall conform to the requirements of Division 914
(Drainage) of the Subdivision Ordinance.
EXHIBIT .. ..
2111-84 pg. 2
C. The following exception to Division 1006 .is permitted for this project:
1. Section 10064.402, "Requirements - Generally", provided a deferred
improvement agreement is executed requiring the owners of the
property involved in Permit 2111-84 to:
a. Construct curb, 4-foot 6-inch •sidewalk, necessary longitudinal
and transverse drainage, and pavement widening on Live Oak
Avenue. The face of curb shall be located 2.0 feet .from
the centerline.
b. Install street lights on Live Oak Avenue. . The final number
and location of the lights will be determined by the Traffic
Engineer.
C. Submit improvement plans at the time the Deferred Improvement
/Agreement is called ijp to the Pudic Works Department, LaIld
Development Division, for review; p.ay the inspection fee,
plan review fee and applicable lighting fees. '
D. Install all new utility distribution services u6derground:
E. Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Land Development Division•, for review;
pay the inspection and plan review fees. These plans shall include
any necessary traffic signing and striping plans for review by the
County Traffic Engineer. The improvement plans shall be submitted
to the Public Works Department, Land Development Division., prior to
the issuance of any building permit. The review- of improvement plans
and payment of all fees shall he completed prior to the clearance
of any building for final inspection by the Public Works Department.
If final inspection is requested prior `to construction of improve-
ments, the applicant shall execute a road improvement agreement with
Contra Costa County and post the bonds required by the agreement to
guarantee completion of the work.
P. Obtain an encroachment permit from the Public Works Department, Land
Development DivisiDa. fur construction of driveways or other improvements
within the right of way of Live Oak Way.
G. Storm waters originating from the site shall be detained on the subject
property.
H. Developer shall pay 20% of the total drainage fee for drainage area 29H
based on the total area used, or a minimum area of 2 acres, whichever
area is greater.
I . Dedicate a 14-foot wide drainage easement along the easterly property
line, and 25-feet wide temporary construction easement adjacent to the
14-foot easement, for the installation of the proposed DA 29H 72-inch
storm drain line.
ir.XH I B IT
2111-84 pg. 3
J. Submit a metes-and-bounds description and a plat, prepared by a Licensed
land surveyor or registered civil engineer, for the above-mentioned
drainage easements to the Public Works Department, Land Development
Division, for review and the preparation of instruments.
K. the above instruments will be prepared by the Public Works Department,
Land Development Division, upon request by the applicant and submittal
of a current title report on the affected property.
THE FOLLOWING STATEMENT IS NOT A CONDITION OF APPROVAL, BUT IS ADVI-
SORY IN NATURE ONLY:
A. Building Inspection Department: A grading pemit is required.
f
B. Environmental Health: Must comply with sewage disposal requirements.
BD:plp9bLU P/lsw
7/10/84
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