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Home My WebLink AboutMINUTES - 02272001 - D.6 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR ``` County tri cou DATE: February 27, 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 — Continue hearing to April 10, 2001 at 11 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 responsi for all staff costs. / CONTINUED ON ATTACHMENT: X YES SIGNATURE G RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): _ ACTION OF BOARD ON February 27, 2001 APPROVED AS RECOMMENDED OTHER X SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE VOT F SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNA S(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: ENTERED ON THE MINUTES OF THE BOARD OF AB ABSTAI SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake [(925)335-1214] ATTESTED February 27, 2001 cc:Tom Gingrich PHIL BATCHELOR, CLERK OF THE BOARD OF Tommy Connor, Connor Bak SUPERVISORS AND COUNTY ADMINISTRATOR Rena Rickles Robert McAdam }V�, Insp. Mentink, San Ramon Valley Fire Protection Dist. BY: W� , DEPUTY Alamo Improvement Association F County Counsel Heather Ballenger, Public Works Dept. W:\zi8206-c.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. 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. LAST HEARING In a letter dated February 7; 2001, the attorney for the subdivision developer (Tommy Connor) submitted a revised draft proposal, which was attached to the February 13, 2001 report to the Board. At the February 13, 2001 hearing, the Board continued the matter to this date. DISCUSSION The proposed agreement indicates that the detailed wording in the agreement has not been reviewed by the subdivision developer, Tom Gingrich. Staff has circulated it to potentially interested parties. The attorney for the appellants, Rena Rickles, has indicated to staff that she has suggested several changes to the agreement to Mr. Connor shortly after the letter was issued. She indicated that she had not heard any response to her suggestions. The representative of the Alamo Improvement Association, Roger Smith, indicated that the Association would be providing comments on the newest draft agreement, but indicated initial concerns about deferring some of the improvements required by the original subdivision approval. Staff had wished to discuss the proposal with Mr. Connor, but has been unsuccessful in trying to reach him prior to the deadline for preparing this staff report. February 13, 2001 Board of Supervisors File#Z19908206 Page 3 A private agreement among the interested parties still appears to be the best prospect for trying to resolve in the near timeframe the concerns posed by the Board. Staff recommends that this matter we continued to allow more time for the interested parties to reach such an agreement. The next land use hearing available on the Board schedule is not until April 10, 2001. ADDENDUM TO ITEM D.6 February 27, 2001 On February 13, 2001, the Board of Supervisors continued to this date and time, the hearing on the staff report regarding the Subdivision Developer's compliance (File#Z199-8206)with the June 13, 2000, Board Order for Subdivision 7693 (Wingset Place), Alamo. Dennis Barry, Community Development Department Director presented the staff report. Supervisor Gerber recommended that the Board adopt the following language presented by Mr. Barry as the motion: "Direct staff to proceed with the hearing of Mr. McAdam's small lot review, or upon withdrawal of requests for a hearing, decide administratively on Lot#8, in Subdivision 7693, including the recommended conditions in the February 27, 2001, draft private agreement from Connor-Bak, to which Mr. McAdam agreed in writing by his letter of February 7, 2001. Those conditions are set out in the Agreement to Comply with Outstanding Conditions in Subdivision 7693, Alamo. (See Attachment), and to withhold any and all permits for any work on Lot#8 beyond the foundation until the Conditions are in full compliance as set out in the Attachment. Direct staff to place a hold on the issuance of any development permit, including any building permit on Lots#5 and#6 in Subdivision 7693, begin proceedings to file a Notice of Intent to file a Notice of Violation on Lots #5 and#6 pending Mr. Gringrich obtaining approval to relocate required on-street parking as needed to provide access to Lot#6 and all other requirements of the June 13, 2000, Board Order and this Attachment. This will ensure compliance with the access and parking regulations cited in the January 16, 2001, staff report on this matter. Direct staff to continue to provide the special notice to the appellants and other property owners within the Subdivision, as directed in the June 13, 2000, Board Order. Further, Mr. McAdam agrees to hold appellants and the County harmless for their refusal to conduct "above floor" inspections if the Conditions set out in the Attachment and the Board's June 13, 2000, Board order are not completed." Following further Board discussion, Supervisor Gioia seconded the motion, and the Board voted unanimously to accept it. AGREEMENT TO COMPLY WITH OUTSTANDING CONDITIONS ON SUBDIVISION 7693, ALAMO The fourth off-street parking space Mr. Gingrich, or his agent shall prepare a map depicting a portion of Lot 5 for installation of an off-street parking space at the location specified by the Board of Supervisors on August 1, 2000 as Option "F", subject to the approval of the San Ramon Valley Fire District. In the event that placement of that parking space decreases the setback requiring a variance for Lot 5, the work will not proceed until the variance is granted either by Planning Staff or the Board of Supervisors. None of the interested parties--Ciapponi, AIA, McAdams or Gingrich -- shall oppose this variance. The obliteration of the road between lots 6 and 7 Appellent, Mr. Ciapponi will hire a civil engineer to prepare a gradng and drainage plan, including a diagram of the area to be graded, to control run-off and drainage in the area, and, to oblkerate any and all remnants of the pre-existing paved road between lots 6 and 7. Mr. Gingrich shall approve the plan, such approval shall not be unreasonably withheld and will be "deemed approved" within 10 days of submission to Mr. Gingrich. Mr. McAdam will, at no expense to Gingrich or Ciapponi, cause the grading to be completed consistent with the plans (set out in the paragraph above) and specifications and trade standards. McAdam shall obtain and issue to the property owners, Ciapponi and Gingrich a certificate of liability insurance on a standard general comprehensive liability form with coverage limits not less than $1 million per occurance and shall name the property owners as named insurers. McAdam further agrees to keep the property free of encumbrances, liens and to insure and defends property owners from all claims for personal injury/property damage arising from or related to the work performed. The creation of the on-site parking Mr. Gingrich will comply with the requirements to provide on-site parking on lots 5 and 6 by either of the following: 1) immediately construct and pave the required parking spaces or, 2) file a performance bond which will cover the cost of Y paving five on-site parking spaces on each lot. Said performance bond on lot 5, will expire in 12 months; and, will expire on lot 6 in 24 months. If either or both lots are sold, Gingrich shall include a requirement in the sale agreement for the buyer(s) install said parking within 6 months of the execution of the sales agreement. The San Ramon Fire Protection Requirements Mr. Gingrich shall obtain approval from the San Ramon Fire Protection District for the legally required signs as opposed to and the exclusion of painted curbs. Mr. Gingrich shall secure and install said signs, shall stripe the on-street parking spaces and, if required to have painted curbs, shall cause that work to be performed at his own expense. r 1