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HomeMy WebLinkAboutMINUTES - 02132001 - D.2 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY AICP Costa COMMUNITY DEVELOPMENT DIRECTOR `' County ^o;::::.. ..ins DATE: February 13, 2001 SUBJECT: Continued Hearing on Staff Report Concerning Subdivision Developer's Compliance with June 13, 2000 Board Order for Subdivision 7693(Wingset Place) in the Alamo area, File #ZI99-8206, (District III). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS — Accept testimony and continue hearing to February 27, 2001 at 10 a.m. to allow for additional time for the subdivision developer to provide a response to the Board action. FISCAL IMPACT - None; the subdivision developer is responsible for all staff costs. CONTINUED ON ATTACHMENT: X YES. SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON .February 13, 2001 APPROVED AS RECOMMENDED XX . OTHER - The public hearing was OPENED, no one desiring to speak, the Board took the following action: CONTINUED the hearing to February 27, 2001, at 10:00 a.m. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND xx UNANIMOUS(ABSENT - - CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake [(925)335-1214] ATTESTED February 1 11 2001 cc:Tom Gingrich PHIL BATCHELOR, CLERK OF THE BOARD OF Tommy Connor, Connor Bak SUPERVISORS AND C UNTY ADMINISTRATOR . Rena Rickles Robert McAdam Insp. Mentink, San Ramon Valley Fire Protection Dist. B , DEPUTY Alamo Improvement Association County Counsel . Heather Ballenger, Public Works Dept. W:\zi8206.bo RD\ February 13, 2001 Board of.Supervisors File#Z19908206 Page 2 BACKGROUND This matter pertains to completion and modification of a subdivision project within the Alamo community, Subdivision 7693. On June 13, 2000, the Board of Supervisors granted the appeal of two residents within the subdivision(Ciapponi and Yandell), thereby reversing the Zoning Administrator's administrative decision allowing the relocation of one of four guest parking spaces situated within the turnaround area of the project street. Furthermore, the Board required that the Subdivision Developer (Gingrich) demonstrate compliance with several conditions of approval that were attached to the County subdivision permit.,. On December 19, 2000, the Board accepted a report from the Community Development Director concerning the status of the Subdivision Developer's efforts to comply with the 6/13/00 Board Order. Staff reported that the best prospects for attaining compliance with the Board Order appeared to involve a private agreement between the Subdivision Developer (Gingrich), a builder (Robert McaAdam), and potentially the appellants of the earlier Zoning Administrator decision (Ciapponi and Yandell). After taking testimony, the Board continued the hearing to January 16, 2001 to allow the interested parties additional time to respond to the Board Order. At the January 16, 2001 meeting, staff reported that the interested parties were unable to meet due to a schedule conflict. However, staff also reported that the attorney for the Subdivision Developer had issued a revised draft proposal (dated 1/12/01) aimed at providing compliance with most of the concerns raised by the Board in its 6/1.3/00 Board Order. At staff's recommendation, the Board continued the matter to this hearing to allow for the interested parties to meet to allow for additional time to complete a response that would address the prior Board action. FBRUARY 1, 2001 MEETING On February 1, 2001, staff met with the interested parties (Connor, McAdam and Ciapponi). Modifications to the 1/12/01 private agreement draft were discussed. The attorney for the Subdivision Developer indicated that he would prepare and circulate a new draft for the interested parties to review early in the week of February 5, 2001. DISCUSSION It is not expected that a revised agreement will be prepared and agreed to among the interested parties prior to the report distribution deadline for this Board meeting. If a new draft agreement is issued and/or consummated prior to the Board's meeting, staff will be prepared to review it at the Board hearing in terms of how close it comes to satisfying the June 13, 2000 Board Order. It should be noted that the interested parties informed staff that the proposed agreement will not completely.satisfy all of the conditions which the. Board specified in its prior Board Order action. In the event that an agreement is consummated that is satisfactory to all of the primary interested parties, staff may suggest related actions for the Board-to consider. The Board should allow for testimony, then continue this item to allow for a revised response from the Subdivision Developer, and staff review of it. Feb-07-01 09:-54 Conner Bak LLP- 4153349877 P . 01 CONNER • BAK LLP 10 Monterey Blvd. San Francisco, California 94107 415/334-0877 FACSIMILE: 415/334-9877 FACSIMILE COVER SHEET To: ROBERT DRAKE Facsimile: 925/335-1222 Telephone: 9215/3 3 5-1214 From: [OMMY A. CONNER Billing Number: 8056-27 Date: February 7, 2001 Cover page plus �1 _pagc(s) MESSAGE: Please see attached CONFIDENTIALITY NOTICE' The documents accompanying this facsimile transmission contain legally privileged confidential information belonging to the sender. The information is intended only liar the use of the individual or entity named above. If you are not the intended recipient you are hereby notified that any disclosure,copying,distribution or the taking of any action in reliance on the contents of this facsimile information is strictly prohibited. If you have received this facsimile in error,please immediate[} notify us by telephone to arrange for the return of the original documents to us. Please call 415/334-0877 if there is a problem with this transmission. Thank you. F.eb-07-01 09: 54 Conner Bak • LLP 4153349877 VP_ O2 VONNER • BAK LLP to Monterey Blvd. San Francisco, CA 94131 Tommy A. Conner tel:415.334.0877 J. Timothy Balt' fax: 415.334.9877 Also admitted to practice in Nevada February 7, 2001 By Facsimile and P Class U.S. Mail Robert H. Drake Principal Planner Community Development Department County Administration Building 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Re: Subdivision 7693/Wingset Place Dear Mr. Drake: Mr. Gingrich respectfully submits the following proposed letter agreement regarding the referenced subdivision. As we have discussed, Mr. Gingrich contends that the County does riot have jurisdiction over the private disputes at issue. Without waiving, and specifically preserving, his arguments on this point, Mr. Gingrich requests consideration of the following proposed resolution of all such disputes. The parties agree to the following terms and conditions: 1. Mr. Gingrich or his agent shall prepare a map depicting a portion of lot 5 for installation of an off-street.parking space. The area shall be approximately 8 feet wide and not more than 20 feet deep. At no expense to Mr. Gingrich, Mr. McAdams shall cause the area on lot 5 designated by Mr. Gingrich to be graded and.paved consistent with the existing roadway, and shall install curbs consistent with the existing curbs and as designated on the map prepared by or on behalf of Mr. Gingrich. All such work shall be performed consistent with the standards in the trade. 2. In the event the placement of the parking space referenced in¶ I decreases the setback for the ekisting structure on,lot 5 such that a variance is required, the work referenced above shall not proceed.unless and until the Contra Costa County Planning Department or, if necessary, the Board of Supervisors, grants the necessary variance. If a variance is required, issuance of the same is a condition precedent to.Mr. Gingrich's obligations under this agreement. Feb-07-01 09: 55 Conner Bak LLP 4153349877 P . O3 CONNER-BAK LLP Robert Drake February 7, 2001 Page 2 3. At Mr. Ciapponi's expense his engineer, Thomas Ruark, shall prepare a.grading and drainage plan (including but not limited to an appropriate diagram of the area to be graded). The purpose of the work is to control runoff and to regulate the drainage in the area, and to obliterate any and all remnants of the pre-existing paved road in the area. The actual grading work shall not commence unless and until Mr. Gingrich has approved the plan, such approval not to be unreasonably withheld. 4. At no expense to Mr. Gingrich, Mr. McAdams shall cause the grading referenced in paragraph 3 above to be completed consistent with the applicable plans and specifications and the standards in the trade. For this and all other work called for in this agreement, the party performing the work shall issue the respective property owner(s) a certificate of liability insurance on a standard general comprehensive liability form with coverage limits not less than $1,000,000 per occurrence, and shall name the respective property owner(s) as additional named insured(s) on that policy. The party providing the work also warrants to keep the property free and clear of any liens or encumbrances, and to defend and indemnify the owner(s) against any and all claims for personal injury and/or property damage arising from or related to the work performed. 5. Mr. Gingrich shall close escrow on the sale of lot 5 within one year of the date of this agreement. If he fails to do so he shall construct six off-street parking spaces on lot 5 within sixty (60) days of the one-year anniversary. Prior to close of escrow Mr. Gingrich shall record a deed restriction as follows: A) the buyer of lot 5 shall have 180 days from close of escrow to submit an application including all construction plans, drawings, designs and specifications customarily required to secure a building permit for a single family residence; B) the plans shall include not less than six off-street parking spaces; C) in the event the buyer fails to submit the referenced application within the time required, the buyer shall be obligated to construct six off- street parking spaces within sixty-(60) days of the 180 day anniversary. 6. Mr. Gingrich shall close escrow on the sale of lot 6 within two years of the effective date of this agreement. If he fails to do so he shall construct six off-street parking spaces on lot 6 within sixty (60)days of the one-year.anniversary. Prior to close of escrow Mir. Gingrich shall record a deed restriction as follows: A) the buyer of lot 6 shall have 180 days from close of escrow to submit an application including all construction plans, drawings, designs and specifications customarily required to secure a building permit for a single family residence; B) the plans shall include not less than six off-street parking spaces; C) in the event the buyer fails to submit the required application within the time required, the buyer shall be obligated to construct six off-street parking spaces within sixty (60) days of the 180 day anniversary. 7. In the event the buyer of lots 5 and 6 is the same person, the buyer may satisfy the conditions set forth in T¶ 5 and 6 by submitting an application including all construction plans, . drawings, designs and specifications customarily required to secure a building permit for a single F.eb-07-01 09: 56 Conner Bak LLP 4153349877 P . 04 CONNER-BAK LLP Robert Drake February 7, 2001 Page 3 family residence spanning both lots within 180 days after close of escrow on the purchase of the lots and providing for not less than six off-street parking spaces in total. 8. Within ten days of full execution of this agreement, Mr. Ciapponi shall remove any and all signs he installed,or caused to be installed along the private road, and all cars he has parked in the guest parking spaces in the hammerhead or elsewhere within the subdivision (with the exception of the six off-street parking spaces on his property, and shall not park vehicles in his possession or control in the guest parking spaces within the subdivision. Mr. Ciapponi's compliance with this provision is a continuing condition to Mr. Gingrich's obligations under this agreement. 9. The parties to this agreement shall use their best efforts to secure approval from the San Ramon Fire Protection Division for signs,.as opposed to and to the exclusion of, painted curbs. Mr. Gingrich shall secure and install signs approved by the homeowners and the San Ramon Fire Protection Division where and as designated by the San Ramon Fire Protection Division, and shall stripe the on-street parking spaces. If the San Ramon Fire Protection Division requires that the curbs be painted, Mr. Gingrich shall cause that work to be performed at his expense. 10. Lot 5 is a nonconforming lot. At no expense to the other parties to this agreement Mr. Gingrich shall prepare and file the documents necessary to secure a lot line adjustment between lots 5 and 6 such that lot 5 will conform to existing ordinances. The parties to this agreement shall not object to Mr. Gingrich's application. Approval of the same by the Zoning; Administrator and, if required, the Board of.Supervisors, is a condition precedent to Mr. Gingrich's obligations under this agreement. 11. Messrs. Yandell and Ciapponi withdraw their request for special notice upon execution of this agreement. 12. All parties agree that Mr. McAdams' performance as required by this agreement shall be a condition to his building permit for lot 8. The parties consent to Mr. Adams' request to the County not to require any inspections"under floor"with respect to Mr. McAdams' construction of a single-family residence on lot 8. 13. Messrs. Yandell and Ciapponi withdraw their objections to Mr. McAdams' pending application for a building permit on lot 8, and agree to use their best efforts to secure the withdrawal by all other objectors of their prior objections. 14. All parties to this agreement stipulate to the continuing jurisdiction of the Contra Costa County Superior Court for enforcement of the terms of this agreement, and further stipulate that this agreement shall be enforceable pursuant to California Code of Civil Procedure Feb-07-01 09 : 56` Conner Bak LLP 4153349877 P . 05 CONNER • BAK LLP Robert Drake February 7, 2001 Page 4 § 664.6 as a written settlement of a dispute as if litigation were pending between the parties at the time this agreement is executed by each such party. By copy of this letter to Ms. Rickles we request her clients' approval of the above. By- copy ycopy of this letter to Mr. McAdams we request his approval of the same. Mr. Gingrich has not reviewed the wordinglof this agreement, and we reserve the right to modify the same. Should he request any changes we shall immediately notify all parties'of the same. Please call me if you have any questions. incerely yours, To my A. Conner cc: Diana J. Silver Rena Rickles Robert McAdams (all by facsimile) Custonmomes 2/7/2001 Contra Costa County Planning Dept. Re: Wingset Pl. Agreement 2/7/2001 from Tommy Connor Dear Mr. Drake, Although the agreement is not.exactly what 1 would like to see. I feel that it is the best that we will get. I think that all issues have been addressed and I am in full support of this agreement and will tell the board of Supervisors on 2/13/2001 the same. Sincerely, J R bert McAdam cc: Tommy Connor Rena Rickles Robert Drake (all by facsimile) n'- - - - co