HomeMy WebLinkAboutMINUTES - 01162001 - D8 E a
TO: BOARD OF SUPERVISORS r . k.•
' Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTORCounty
DATE: January 16, 2001
SUBJECT: Continued Hearing on Subdivision Developer Compliance with June 13, 2000
Board Order Concerning Improvements to Subdivision 7693 (Wingset Place,
Alamo area), File #ZI998206, District III
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept public testimony.
2. Continue hearing to February 20, 2001 at 1:00 p.m.
BACKGROUND
On June 13, 2000, the Board of Supervisors granted an appeal of an administrative
decision by the Zoning Administrator authorizing the relocation of a "guest" parking
space in a cul-de-sac turnaround of a recently developed subdivision. Instead, the
Board voted to require that the parking space be relocated onto one of the lots still
owned by the developer. The Board also directed that other improvements within the
subdivision be completed.
After interested parties appeared at a Board hearing in October, the Board directed
staff to look into the status of the subdivision developer's efforts to comply with the
Board decision.
CONTINUED ON ATTACHMENT: X YES SIGNATURE 1
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM] EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January 16,_2001 APPROVED AS RECOMMENDED OTHER__XX
VOTE OF SUPERVISORS SEE THE ATTACHED ADDENDUM INIA&BRWACWTHIS 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
n
�; January 16 , 2.0.0.1_
Contact: Bob Drake((925)335-1214
cc:Connor Bak,Tommy Connor
Rena Rickles
Robert McAdam
Alamo Improvement Association
San Ramon Valley Fire Prot. Dist., Insp. Mentink BY , DEPUTY
Public Works Dept., Heather Ballenger
County Counsel
January 16, 2001
Board of Supervisors
Continued Hearing on W ingset Place,Alamo
Page 2
On December 19, 2000, the Board conducted a hearing at which time staff reported
that credible efforts to develop a private agreement among the interested parties had
been initiated, but had not yet been completed. The framework for the discussed
agreement involved the appellants, subdivision developer, and the homebuilder
(McAdam).
The attorney for the appellants, Rena Rickles, and a homebuilder testified at the
December 19, 2000 hearing. The subdivision developer was not represented at the
hearing. The Board continued the hearing to this date to allow the interested parties
to try to complete a workable private agreement that met the requirements of the June
13, 2000 Board decision.
The Board also directed staff to withhold any discretionary approvals for proposed
development activity (not limited to the subdivision developer) within the subdivision
pending establishment of a workable compliance program.
STAFF EFFORTS TO COORDINATE A MEETING OF INTERESTED PARTIES
Subsequent to the meeting on December 19, 2000, staff attempted to schedule
another meeting of the interested parties on two different dates. Neither of the dates
was workable with all of the key interested parties. The attorney for the subdivision
developer, Tommy Connor could not make one meeting; a homebuilder, Robert
McAdam, could not attend another meeting date, both due to schedule conflicts. End
of the year holiday schedules have'interfered with finding another time to meet.
Recently, staff discussed the status of the private agreement discussions with the
attorney for the appellants, Rena Rickles. She indicated that she felt that some
progress for a private agreement was drawing closer, but not yet consummated.
Recently, staff has also been unsuccessful in trying to reach the subdivision
developer's attorney.
DISCUSSION
It appears unlikely that a workable private agreement to implement the 6/13/00 Board
decision will be consummated by the time of the continued hearing date.
Consequently, staff recommends that the matter be continued again to February 13,
2001 to allow the interested parties additional time to develop a workable compliance
program. At the same time, it should be noted that a continuance would result in the
forestalling of a decision on the small lot review application (File #DP003042) for a
proposed residence that Mr. McAdam has filed on one of the lots (Lot 8) wthin the
subdivision.
January 16, 2001
Board of Supervisors
Continued Hearing on Wingset Place,Alamo
Page 3
ZONING RESTRICTION LIMITING FURTHER DEVELOPMENT ON LOT 6
Lot 6 at the end of the private road serving the subdivision contains the original
homestead residence and is still owned by the subdivision developer(Gingrich). The
current placement of the four "guest" parking spaces adjoins the entire frontage of
Lot 6, effectively blocking vehicular access to that site.
Under provision of the Single Family Residential zoning district and subdivision
approval, all lots within the subdivision, including Lot 6 are required to provide off-
street parking spaces on each of the lots. Moreover, the ordinance provides that:
• All off-street parking facilities shall be designed with appropriate maneuvering
area and means of vehicular access to the main and auxiliary streets (ref.
Section 82-16.012 (2) of the Ord. Code); and
• The ordinance bars the County from approving a building permit unless it
includes off-street parking facilities as required by the ordinance (ref. Section
82-16.002 of the Ord. Code).
In view of these parking requirements and access restrictions in the Off-Street Parking
Ordinance, and the access blockage to Lot 6 caused by the existing alignment of
"guest' parking spaces within the turnaround area, it appears that the Ordinance
would prevent the County from issuance of a building permit for new development on
Lot 6. Staff has reviewed this provision of the law with Mr. Connor, attorney for the
subdivision developer.
W:\zi-8206.bo
RD\
ADDENDUM TO ITEM D.8
January 16, 2001 Agenda
This is the date and time noticed for the continued hearing from December 19, 2000, on the
subdivision developer's compliance with the June, 13, 2000,Board Order concerning
improvements to Subdivision 7693 (Wingset Place,Alamo area)File#ZI 99-8206.
Robert Drake, Principal Planner, Community Development Department, gave the staff report.
Also present were Dennis Barry, Community Development Department Director, and Silvan
Marchesi, County Counsel.
The Board discussed the matter. Chair Uilkema opened public comment and the following
person appeared to speak:
Rena Rickles, Attorney for appellant Chiappone, 1970 Broadway, Ste 200, Oakland.
Those desiring to speak having been heard,the Board continued their discussion.
Supervisor Gerber moved that the Board continue the matter to February 13, 2001, at 11:00 a.m.,
and further suggested that no discretionary permits be issued for the subdivision during this time.
Supervisor Gioia seconded the motion. The Board continued their discussion.
Chair Uilkema called for the vote,which was unanimous.
651 Pine street,North Wing,4th Floor • • ounty
Martinez,CA 94553
Phone:(925)335.1214 Community
Fax:(925)335-1222 Development
•
mentTo: See Below List From: Robert H.Drake,Principal planner
Fax: (925)335-1222 Date: Decembet-19,2000
Phone: (925)335-1214 Mages: 1
Re: Invitation to Friday, 12/22 Meeting on CC: Dennis Barry,CDD Director
Subdivision 7693,Wingset Place issues Diana Silver, Deputy County Counsel
X Urgent ® For Review 0 Please Comment x Please Reply 0 Please Recycle
*Comments: On Tuesday, December 19, 2000, the Board of Supervisors heard a report from the
Community Development Department concerning the status of compliance with the June 13, 2000
Board Order. After taking testimony, the Board continued the review of this matter to Tuesday, June
16, 2001 at 2:00 p.m. The Board also directed staff to withhold approval of any discretionary permit
within this subdivision.
On December 8, staff met with interested parties to try to foster an agreement that would be mutually
acceptable to all parties. Some progress was made at that meeting, but there are a number of items
that have not been resolved. To this end,we are scheduling another meeting for the end of this week
and are inviting you and other interested parties. The meeting will be held at:
Application and Permit Center,Conference Room
651 Pine Street,North Wing,2`d Floor,Martinez,CA
Friday,December 22,2000-8.30 a.m.
Please RSVP myself at(925)335-1214,or my secretary,Karen Fiona,at(925)335-1210[or FAX your
response to(925)335-12221 by Thursday,December 21,2000,5:00 p.m.
Name FAX Phone No.
Rena Rickles -- (510)451-4115- (510)452-1600
Tommy Conner - (415)334-9877- (415)334-0877
Bob McAdam - (925)831-0244- (925)831-1354
Inspector Mentink,SRVFPD —(925)838-6629. (925)838-6686
Heather Ballenger,Public Works Dept. e-(925)313-2333 (925)313-2371
K
David Ciapponi -(415)788-7629 (415)955-8185
Roger Smith,AIA ..(925)855.2050 (925)866-3606
651 Pate 8ttwL North Wing,401 Floor CostaCounty
Martinez,CA 94553
Phone:(M335-1214 �'
rnunity
Fax(9'25)335-i222 Development
Cancelled Meeting r ,
rtment
Fcwix
To: See Below IList From: Robert H.Drake, Principal Planner
-------------------------
Fa)c (925)335-1222 Date: December 2-2,2000
Phone: (925)335-1214 Pages: 1
Re: Cancellation of 12127 Meeting on CC: D,�,nn s Barry,CDD Director
Subdivision 7693,W ingset Place Issues Diana Silver,Deputy County Counsel
x Urgent Cl For Review 0 Please Comment x Please Reply 11 Please Recycle
-Comments: This is to advise that the meeting we had schz e on Wingset Place for Wednesday,
December 27, 2000 has been cancelled because one of the k.. ^srticipants (Bob McAdam)could not
attend.
I have attempted twice (unsuccessfully) to coordinate meet nes v;th the interested parties to try to
resolve the concerns about improvements to properties vdit`r.n this subdivision. There are two key
parties who may be able to help resolve the current impasse: o,rimy Connor, the attorney for Tom
Gingrich, and Bob McAdam. For both of the meeting times ti.t? nave attempted to coordinate, one'of
these parties has indicated that they are not available.
At this point, I will leave to others (presumably Mr. Gingrich and Mr. Connor) any effort to try to
coordinate a new meeting. I am planning to be away until Monday,January 8, 2001. The Board of
Supervisors had asked staff to prepare an update to the status of efforts to resolve this matter for its
January 16, 2001 meeting, it appears that staff may have to advise the Board that our efforts to
facilitate a resolution prior to their continued meeting have been unsuccessful, and that more time may
be appropriate. 1 also understand that a revised letter dated December 14,2000 from Mr.Connor was
issued to me. I have not yet received a copy. Mr.Connor indicated that he would be forwarding one to
me. Should you wish to reach me, please try contacting either myself at (925) 335-1214, or my
secretary,Karen Piona,at(925)335-1210[or FAX your response to(925)335-1222].
Name FAX Phone No.
Rena Rickles (510)451-4115 (510)452-1600
'mommy Conner (415)334-9577 (415)334-0877
Tom Gingrich (925)837-6976
Bob McAdam (925)831-0244 (925)831-1354
Inspector Mentink,SRVFPD (925)838-0629 (925)838-6686
Heather Ballenger,Public Works Dept (925)313-2333 (925)313-2371
David Ciapponi (415)788-7629 (415)955-8185
Roger Smith,AIA (925)855-200 (925)866-3606
651 Pine Street,North Wing,4th Floor Contra
Martinez,CA 94553
Phone:(925)335-1214 Community
Fax:(925)335-1222Dev- •
pment
Rescheduled Meeting Department
Fax
To: See Below List From: Robert H.Drake,Principal Planner
Fax: (925)335-1222 Bate: January 10,2001
Phone: (925)335-1214 Pages: 1
Re: invitation to Wednesday, 12127 Meeting CC: Dennis Barry, CDD Director
on Subdivision 7693,Wingset Place Diana Silver, Deputy County Counsel
Issues
x Urgent ❑ For Review ❑ Please Comment x Please Reply ❑ Please Recycle
-Comments: On Tuesday, December 19, 2000, the Board o Supervisors heard a report from the
Community Development Department concerning the status of compliance with the June 13, 2000
Board Order. After taking testimony,the Board continued the review of this matter to Tuesday,January
16, 2001 at 2:00 p.m. The Board also directed staff to withhold approval of any discretionary permit
within this subdivision pending a resolution of the current issues.
On December 8, staff met with interested parties to try to toster an agreement that would be mutually
acceptable to all parties. Some progress was made at that meeting, but there are a number of items
that have not been resolved. To this end,we are scheduling another meeting for the end of this week
and are inviting you and other interested patties. The meeting will be held at:
Application and Permit Center,Conference Room
651 Pine Street,North Wing,2"d Floor,Martinez.CA
Wednesday,,December 27,2000--8:30 a.m.
Please RSVP myself at(925)335-1214,or my secretary, Karen Piona,at(925)335-1210[or FAX your
response to(925)335-1222]by Thursday,December 21,2000,5:00 p.m.
Name FAX Phone No.
Rena Rickles (510)451-4115 (510)452-1600
Tommy Conner (415)334-9877 (415)334-0877
Tom Gingrich (925)837-6976
Bob McAdam (925)831-0244 (925)831-1354
Inspector Mentink,SRVFPD (925)838-6629 (925)838-6686
Heather Ballenger,Public Works Dept. (925)313-2333 (925)313-2371
David Ciapponi (415)788-7629 (415)955-8185.
Roger Smith,AIA (925)855-2050 (925)866-3606
Jan-12-01 09: 10 Conner- Bak LLP 41S3349877 P.01
CONNER BAK LLP
10 Monterey Blvd.
San Francisco, California 94107
415/334-0877
FACSIMILE: 415/334-9877
FACSIMILE COVET[ SHEET
To: ROBERT DRAKE
Facsimile. 925/33:5-1.299
Telephone: 925/335-1290
From: TOMMY A. CONNER
Billing Number: 8056-27
Date: January 12, 2001
Cover page plus page(s)
MESSAGE: Please see attached. We are providing all parties or their counsel with this
proposal, and will notify you of their comments and/or approval of the same.
CONFIDENTIALITY NOTICE
The documents accompanying this facsimile transmission contain legally privileged
confidential information belonging to the sender. The Information is intended only
Cor the use of the individual or entity named above. ifyou nre 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.
Wyou have received this facsimile in error,please immediately 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.
Jan-12-01 09: 10 Conner Bask LLP 415334.9877 P.02
CONNFR • BAK LLP »xlolitarev
Sun �rai,ciact, CA 94131
Ton,,,,y A. C'oniter tel-415.334-0877
J. Titnotky Bak' fax:415.33409877
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January 12, 2001
By Facsimile
Robert N. Drake
Principal Planner
Community Development Department
County Administration Building
651 Pine Street
0'Floor,North Wing
Martinez, California 94553-0095
Re: Subdivision 7693/Wingset Place
Dear Mr. Drake:
We have solicited comments from ]Messrs. Ciapponi and McAdams and the County
regarding a formula for resolving the pending private disputes, and have revised Mr. Gingrich's
proposal for settlement accordingly. All parties reserve their respective rights unless and until a
final agreement is executed,and no party intends to waive their rights in anticipation of
settlement.
Mr. Gingrich will: A)consent to the jurisdiction of the San Damon galley Fire Protection
District with respect to specifying the location of four on-street guest parking spaces of minimum
allowable dimensions within the paved hammerhead and, if necessary,the smallest possible
portion of lot 5; B)grant a nonexclusive easement in favor of each lot within the subdivision to
the portion of lot 5 required to comply with section A)above; and C) grant access to a qualified
contractor and/or subcontractor to lot 6 for the purpose of regrading the slope at the boundary
between lots 6 and 7.
In exchange for the above, Messrs. Ciapponi, Yandell and McAdams agree to the
following:
1. 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 arca to be graded
and specifications regarding slope,elevations and compaction)consistent with the standards of
the trade for an area encompassing the slope running do-wnhill from lot 6 to lot 7, and shall stake
)
Jan-12-01 09: 11 Conner, Bak LLP 4153349877 P.03
CONN,�R • 13AK LLQ' Robert H. Drake
January 12, 2001
Page two
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.
2. At no expense to Mr. Gingrich, Mr. McAdams shall cause the grading referenced
in paragraph 1 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 insurance and an
additional named insured endorsement. 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
against any and all claims for personal injury and/or property damage.
3. The parties to this agreement agree that the CC&Rs accompanying this letter as
Exhibit A are binding on all owners of lots within the subdivision. These CC&Rs are subject to
further amendment according to the terms of Exhibit A, The parties to this agreement agree to
comply with the terns and provisions of Exhibit A. Mr. Ciapponi shall remove 1) his personal
vehicles from the guest parking spaces and 2)all signs he installed or caused to be installed in or
around the hammerhead upon full execution of this Agreement. The parties further agree to
defer to the San Ramon Valley Fire Protection District with respect to the location, size, colors
and wording of required signage within the subdivision.
4. At Mr. Ciapponi's expense his engineer, Thomas Ruark, shall prepare a map
depicting the portion of lot 5, if any, required to satisfy Mr. Gingrich"s obligation under this
agreement to provide four guest parking spaces in or immediately adjacent to the hammerhead.
The referenced snap shall also depict the location of the four parking spaces and any related
improvements. To the degree a portion of lot 5 is required in order for Mr. Gingrich to satisfy
his obligations under this agreement, that portion shall be no larger than the area required
pursuant to local rules,regulations, ordinances and statutes for inclusion of four parking spaces
within the hammerhead. Such work shall be performed consistent with the standards in the
trade.
5. At no expense to Mr. Gingrich, Mr. McAdams shall cause the portion of lot 5
referenced in paragraph 4 above to be graded and paved consistent with the existing roadway,
and shall instal I curbs or other improvements consistent with the existing improvements and as
designated tin the map prepared by Mr. Ruark pursuant to paragraph 4 above. All such work
shall be performed consistent with the standards in the trade. The work shall not commence until
Mr. Gingrich has approved the map,such approval not to be unreasonably withheld.
6. if and to the degree that Mr. Gingrich is required to allocate a portion of lot 5 to
accommodate one of the required four on-street parking spaces referenced above, and if the
Jan-12-01 09: 11 Conner Bak LLP 4153349877 P.04
CONN'T?R • BAK LLP Robert H. Drake
January 12, 2001
Page three
placement of such parking space reduces the setback of the existing guesthouse located on lot 5
such that a variance is required, all parties to this agreement consent to such a variance. In that
event, issuance of a variance is a condition precedent to this agreement.
7. 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 and shall not be subject
to small lot review. 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 this agreement.
8. The parties to this agreement shall use their hest efforts to secure approval from
the San Ramon Valley Fire Protection District for signs, as opposed to and to the exclusion of
painted curbs. At no expense to Mr. Gingrich, Mr. McAdams shall secure and install signs and
stripe the on street parking in accordance with the map referenced in paragraph 4 above.
9. Messrs. Yandell and Ciapponi withdraw their appeal to the Zoning
Administrator's approval of Mr. Gingrich's application to relocate an on-street parking space.
10. Messrs. Yandell, Ciapponi and McAdams expressly agree that Mr. Gingrich's
application was not intended to and did not constitute an application to amend the final map, and
Mr. Gingrich's vested rights are in no way altered or abridged by the proceedings following
submission of such application. Upon Mr. Gingrich's satisfaction of his obligations as required
by this agreement or—if his performance is rendered impossible by the conduct of others or
events beyond his control--his satisfaction of all other obligations, all parties to this agreement
withdraw their request for special notice.
11. 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. McAdams 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.
12. Messrs. Yandell and Ciapponi withdraw their objections to Mr. McAdams'
pending application for a building permit on lot 8.
13. In order to insure compliance with any such final agreement the parties shall
agree to the inclusion of expedited binding arbitration on terms designed to resolve speedily any
and all disputes regarding implementation of the agreement and/or performance issues. The
parties will select a single arbitrator prier to execution of the agreement. Issues in dispute will be
placed before the arbitrator within ten days of any issue arising for which one or both parties
seek a ruling--typically on the papers alone but, if requested by the arbitrator, site inspections
Jan-12-01 09: 12 Cannan Bak LLP 415334+ 877 p_05
CONNER + BAK LLP Robert H. Drake
January 12, 2001
Page four
followed by oral argument may be required. The arbitrator shall determine brieting schedules
where necessary, and shall issue rulings within five days of receipt of all papers and/or argument
requested by the arbitrator. The American Arbitration Association's rules regarding small
construction disputes shall otherwise apply.
By copy of this letter to Ms. Rickles and Ms. Silver we request their respective clients'
approval of the above. By copy of this letter to Mr. McAdams we request his approval of the
above. We understand that title to lot 8 is held in Mrs. McAdams name,and that as her agent
Mr. McAdams is expressly authorized to bind her to the terms of this agreement. If our
understanding is incorrect we request immediate notice of the same.
Upon our receipt of notice of approval by all parties we will prepare an appropriate
agreement for execution by all parties. Such agreement will include recitals and releases, where
appropriate. Approval of this agreement by all of the parties is a condition precedent to every
aspect of the agreement.
Please call me if you have any questions.
cerely yours,
Tommy A. Conner
cc: Diana J. Silver
Rena Rickles
Robert McAdams
Jan-12-01 09: 12 Connaar Bak LLP 4153349877 P.06
Co-iTNrR • Bax LLP Robert H. Drake
Januarys 12, 2001
Page five
bcc: Thomas Gingrich