HomeMy WebLinkAboutMINUTES - 04161996 - D.12 D. 12
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 16, 1996 by the following vote:
AYES: Supervisors Rogers,Bishop, DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: None
ABSTAIN: None
----------------------------
SUBJECT: Hearing on Administrative Appeal of Charles M. Koss, et
al, Regarding the Issuance of a Grading Permit for
Subdivision 7462 , Black Oak Estates, Diablo Area.
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the administrative appeal of
Charles M. Koss, et al, from the decision regarding the issuance
of a grading permit for Subdivision 7462, Black Oak Estates,
Diablo area.
Dennis Barry, Community Development Department, presented
the staff report on the administrative appeal, giving a brief
history of the project approval, and of actions leading to the
appeal .
The following persons presented testimony before the Board
of Supervisors :
Leah Weinger, P.O. Box 792 , Diablo, spoke in support of the
appeal .
Richard Carlston, 1331 N. Broadway, Suite 700, Walnut Creek,
representing Black Oak Estates, spoke in opposition to the
appeal .
James Adams, 2043 Calle Los Callados, Diablo, spoke in
support of the appeal .
Dean Kimball, Contra Costa County Sheriff' s Department,
spoke on traffic issues .
Hal Seibert, no address given, advised that it was premature
to grant a grading permit .
Charles Koss, 2480 Mt . Diablo Scenic Boulevard, Diablo,
spoke in support of the appeal .
John M. Compaglia, 5000 Executive Parkway #125, San Ramon,
project developer, reserved the right of rebuttal .
The Board discussed the issues including grading permit
procedures and policy, and access .
Supervisor Torlakson suggested a meeting of staff and the
parties to facilitate resolution of concerns .
Supervisor Bishop concurred with the suggestion that the
property owners meet with the developer, staff, and board members
but that in the interim the grading activity cease, and she moved
to continue the matter for one to three weeks to provide an
opportunity for the parties to meet .
Rebuttal testimony was presented by the applicant' s
representative .
Supervisor Torlakson seconded the motion, but requested that
the matter be continued for one week and he requested
clarification on the issue of whether the grading would cease or
continue for the week.
Supervisor Rogers requested to add to the motion that staff
return to the Board with a review of the policy rationale behind
permitting grading.
Victor Westman clarified that the motion did not include a
stop work order.
The Chairman concurred.
A member of . the audience requested that since there was no
stop work order, that the matter be continued for one week.
Supervisor Bishop agreed that the matter would be continued
for one week.
IT IS BY THE BOARD ORDERED that the hearing on the
administrative appeal of Charles M. Koss, et al, regarding the
issuance of a grading permit for Subdivision 7462, Black Oak
Estates, Diablo area, is CONTINUED to April 23 , 1996 , at 4 : 00
p.m. in the Board chambers; and staff is DIRECTED to meet with
the parties involved to facilitate resolution of the issues; and
staff is REQUESTED to provide for Board consideration in the near
future a review of the policy permitting grading.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe ora on the date shown,
ATTESTED: C(1
PHIL BA ELOR,Clerkof the Board
.uperviso and County inistrator
0
By ,Dequty
CC : Community Development Department
County Counsel
Charles A. Koss,, et al
Black Oak Estates , Inc.
Miller, Starr & REgalia, Richard Carlston
ti............•O �' I�.
Contra
TO: BOARD OF SUPERVISORS 'S Costa
County
FROM: FRANKLIN LEW,
DIRECTOR OF BUILDING INSPECTION �•• ' -
Osr'� COUlyCt
DATE: April 11, 1996
SUBJECT: Appeal by Charles A. Koss, et al, on an Administrative Decision to
Issue a Grading Permit (#G206677) for the Black Oak Estates Project
(SUB 7462 and FDP 3004-90) in the Diablo Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the Appeal of Charles A. Koss, et al, allowing grading
for the Black Oak Estates project in accord with the grading
permit as no violation of the County Ordinance (e.g. , Title 7
on grading permits)has been established by the Building
Inspector.
2 . Direct the Public Works Department to notify Charles A. Koss
of the review of any proposed final map for Subdivision 7462
when it is scheduled on the agenda of the Board of
Supervisors.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1992 , the Board of Supervisors approved the Black Oak Estates
Planned Unit District Final Development Plan and Vesting Tentative
Mapproject for 36 residential lots fronting on the east side of
Mt. ' Diablo Scenic Boulevard. The project site is located between
the community of Diablo and the Blackhawk residential project,
north of \the Town of Danville and immediately north of the Athenian
School.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPE ORS
I HEREBY RTIFY THAT THIS IS A
UNANIMOUS (ABSEN TRUE D CORRECT COPY OF AN
AYES: ON TAKEN AND ENTERED ON THE
ABSENT: ABSTA MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Robert H. Drake (CDD) - 335 4
Orig: Building Inspection Depar ent ATTESTED
cc: Black Oak Estates, PHIL BATCHELOR, CLERK OF
Miller, Starr & R alia, Richard Carlston THE BOARD OF SUPERVISORS
Charles A. Kos D COUNTY ADMINISTRATOR
Public Wor Dept.
Commun . Development Dept. BY , DEPUTY
Co y Counsel
2 .
Mt. Diablo Scenic Boulevard
Mt. Diablo Scenic Boulevard (Scenic Boulevard) provides access to
Mt. Diablo State park, several residences within the Diablo
community (including appellants' residences) , and the Athenian
School, a private school. Scenic Boulevard is a privately-
maintained road, however, the State of California possesses an
access easement to permit public access to the State park.
Concerns Expressed at the Time of the 1992 Prosect Hearing
Improvements - Prior to -the County approval, when the Black Oak
Estates project was being considered by the County, staff had
proposed that the segment of road extending from Diablo Road to
the project entrance be upgraded to standards that would qualify
for County maintenance. Such an upgrade would have meant
providing a substantially wider road and right-of-way, curb and
gutter improvements. The local community opposed such
improvements because they felt that they would detract from the
natural ambience of the area. Instead, the improvements required
by the County in the approval of the project were more modest in
scope; improvements that would be consistent with private road
standards but not County road maintenance standards.
Evidence of Legal Access - At the time of the project hearing,
Diablo residents questioned whether the applicant possessed legal
access to Scenic Boulevard. In response, the County conditioned
the approval of the project to require that the applicant furnish
legal proof to the satisfaction of County Counsel as well as the
Public Works Department that legal access to the property is
available from Diablo Road, the nearest publicly-maintained road
(ref. C/A #36.L. ) . Moreover, the County required that there be
evidence in the record that owners of all properties fronting on
Scenic Boulevard be notified to provide an opportunity to submit
comments or documentation on the question of legal access prior to
a County determination.
LEGAL ACCESS COMPLIANCE REVIEW
Submittal of Evidence by the Applicant
On January 13 , 1995 the title insurance company for the developer
of the Black Oak Estates subdivision submitted copies of deeds and
easements with a letter stating that the deeds and easements
showed legal access to the subdivision from Diablo Road. Over the
course of the next several months, the Public Works Department and
County Counsel reviewed the deeds for adequacy and requested
further information. On May 26, 1995 the applicant submitted a
title insurance policy insuring access to the development from
Diablo Road. On June 27, 1995 the title insurance company
submitted a letter reaffirming that the title insurance policy was
insuring access for the subdivision.
Notice to Abutting Property Owners
On January 10, 1995 notice was sent to all property owners
fronting along Mount Diablo Scenic Boulevard. The mailing list
was prepared by the developer and submitted to the Public Works
Department along with a map showing which parcels were included on
the mailing list. The map and list were checked by Public Works
staff against the current addresses in the Assessor's Office data
base. After verifying that the addresses were correct and the
proper properties were included, the notifications were mailed.
The notification included a copy of Condition of Approval #36 .L.
and requested any information, comments, or evidence from the
• i �. I Z
3 .
neighboring property owners pertaining to the development's legal
access rights on Mount Diablo Scenic Boulevard. The notification
provided the neighboring property owners 30 days to respond. The
only responses received concerning the development's legal access
have been from Weingers, Kosses, and Hal Seibert.
Public Works Department and County Counsel Review and
Determination
County Counsel reviewed the materials submitted by the applicant
and other interested parties and concluded that sufficient proof
of legal access to the property had been furnished and that
Condition #36.L had been satisfied. This was stated in a
memorandum from County Counsel dated June 27 , 1995 . On July 10,
1995, Public Works Department informed the developer of County
Counsel's opinion and that the Public Works Department concurred
that Condition #36.L had been satisfied. Copies of this letter
were sent to the three neighbors who had raised the issue of legal
access, the Weingers the Kosses, and Hal Seibert.
Legal Challenge of County Determination by Abutting Property
Owners
Litigation was filed by the appellants contesting the
determination by County Counsel and Public Works Department that
sufficient proof of legal access had been furnished by the
applicant. On December 9 , 1995 the court issued an order
dismissing the appellants' lawsuit. According to the court, a
lawsuit challenging the staff determination was not the proper way
to challenge the applicant's legal access to Scenic Boulevard.
Instead, appellants could raise the issue by filing a quiet title
action against the applicant or by waiting until formal action is
taken (e.g. , approval of the final map) and then filing a legal
challenge.
PROCESSING OF GRADING PERMIT APPLICATION
The applicant filed grading plans with the Building Inspection
Department. Staff determined that the plans were in accord with
the 1992 Board of Supervisors approval of the Black Oak Estates
project, the grading ordinance and other applicable laws. The
Public Works and Community Development Departments reviewed the
plans and advised the Building Inspection Department that they, did
not have any objection to the issuance of a grading permit.
Consequently, a grading permit was issued by the Building
Inspection Department on February 27 , 1996.
RECEIPT OF KOSS APPEAL
On March 5, 1996, an appeal of the administrative decision to
issue a grading permit for the Black Oak Estates project was filed
by Charles A. Koss, et al. , with the Clerk of the Board. The
appellants feel that issuance of a grading permit is pre-mature
pending consideration of the final map for the project relative to
compliance with the proof of legal access requirement.
DEVELOPER'S RESPONSE TO KOSS APPEAL
In a letter dated March 28, 1996 the applicant's engineer has
responded to the appeal. The letter references a title policy
endorsement from a title insurance company that had been provided
to the County as evidence of legal access.
The letter also indicates that the Koss appeal should be
considered as an appeal under Title 8 (public hearing decisions) .
4 .
DISCUSSION
The 1992 approval of the Black Oak Estates project by the Board of
Supervisors required that documentation of legal access to the
site be provided to the County prior to the approval of the final
map by the Board of Supervisors. That entitlement did not prevent
the applicant from qualifying for a grading permit before the
final map is approved by the Board of Supervisors.
Where an applicant can demonstrate compliance with entitlements
and applicable laws and ordinances, the County has traditionally
allowed grading for subdivision projects to proceed in advance of
the approval of the final map by the Board of Supervisors.
Accordingly, not to allow the Black Oak Estates project to
commence grading activity could be challenged as discretionary.
Therefore, the appeal of the neighbors should not be granted.
Notwithstanding the above, if the Board of Supervisors determines
that there has been a code violation then the Board would have to
authorize the Director of Building Inspection to place a stop-work
order on the project.
At the same time, staff is recommending that the Board direct the
Public Works Department to notify the appellant of the
consideration of any final map for Black Oak Estates when it is
scheduled on the Board's agenda.
Status of Final Map Application
It is staff's understanding that the applicant must still post
bonds for road and/or drainage improvements with the County before
the Public Works Department is prepared to schedule the Black Oak
Estates final map for approval by the Board of Supervisors. The
Board of Supervisors decision to approve the final map will be
ministerial in nature. That is, the Board must approve the final
map if it is satisfied that the project complies with applicable
conditions of approval of the tentative map approval, and
applicable laws and ordinances.
Processing of Appeal
The decision to issue a grading permit was a ministerial action
pursuant to the provision of Division 716 of Title 7 of the County
Ordinance Code in relation to the 1992 zoning/subdivision approved
entitlements. No violation of the County Ordinance Code (e.g. ,
Title 716) by the Building Inspector has occurred. As such, the
appeal filed by Koss, et al. , is processed pursuant to Section
14 . 006 of the County Ordinance Code pertaining to appeals of
administrative decisions. Such appeals are heard by the Board of
Supervisors.
Appeals filed pursuant to Title 8 pertain to planning agency
decisions on discretionary projects. Therefore, the appeal is
appropriately being processed under the administrative code and
should be denied as no failure by the Building Inspector to comply
with Title 7 (Division 716) can be established.
RHD/aa
BD1/Black.RHD
sua
C N-D tfl 0 AJ A" 36 . -T-
36 L. Furnish legal proof to the satisfaction of the County Counsel as well as Public
Works Department, Engineering Services Division, that legal access to the
property is available from Diablo Road. Said proof shall not consist of opinion
letters from experts retained by the applicant.
Prior to filing a final map, the applicant shall submit evidence that owners of all
properties fronting on Mt. Diablo Scenic Boulevard have been mailed notices.
The purpose of the notice shall be to provide an opportunity to potentially
interested parties to submit documentation which pertains to the project's right
,to use and make improvements to mt. Diablo Scenic Boulevard as required by
this approval. The notice shall invite the public to provide any evidence
pertaining to the project's legal access rights (or lack thereof)to use Mt. Diablo
Scenic Boulevard for submission to the Public Works Department within a
minimum 30-day period. The Public Works Department shall review the
responses and forward copies to County Counsel for review.
36 T. The applicant shall contribute a sum to the State of California for modification
of the vertical curve on Mount Diablo Scenic Boulevard near the northerly line
of this property. The contribution shall be placed in Public Works Trust Fund
819200-0800 and the State of California shall be adequately notified of the
availability of the contribution and prerequisites to use of those funds. Accrued
interest will remain in this account. This contribution shall be held for up to 24
months. If the State of California does not accept the money within the 24
month period the contribution shall revert back to the developer. The amount
shall be based on a cost estimate prepared by the applicant's engineer subject
to the review of the Public Works Department and review and approval of the
-Zoning Administrator- The contribution shall be placed in the Trust Fund prior
to the filing of the final map. A prerequisite to the State's use of the
contribution is construction of the vertical curve improvements.
BRYAN sus MURPHY
BRYAN & MURPHY, GORMAN & ASSOCIATES, INC.
5000 Executive Parkway,Suite 125,San Ramon,CA 94583,(510)867-3380,FAX(510)867-3388
c�
March 28, 1996 M.
M,--, C-3
Mr. Harvey E. Bragdon, Dir. of Community Dev.
Community Development Department rT1
Contra Costa County -a--�
651 Pine Street, 4th Flr.No. Wing v
Martinez, CA 94553 —+ C3
u,
RE: Subdivision 7462
Black Oak Estate
Dear Mr. Bragdon:
This letter is in response to the appeal dated March 5, 1996 by Charles A. Koss for the Grading
Permit issued on February 27, 1996 to Top Grade Construction. A copy of said grading permit is
enclosed for your reference.
.The letter cites as the reason for appeal: the lack of a legal access to the parcel as required by
Condition 36.L. of the Conditions of Approval for Subdivision 7462. The nature of the appeal
would seem to come under Title 8 of the Contra Costa County Planning and Zoning Ordinance
Article 26-2.24 appeals Section 26-2.2404 sub-paragraph C. Other Matters Item (2). not Section
14-4.002 Item(2) states: "Required standards identified by appellant, are not satisfied by the
evidence presented at a hearing for rezoning conditional use,variance,plan or special permit."
Condition 36.L. has been met by the applicant. It was evidenced by a title policy endorsement
from Old Republic Title Company insuring access to the property. Further, supporting legal
opinions were submitted by Miller, Starr& Regalia and McCutchen, Doyle, Brown and Enersen
as to the right of access by the property owner. The endorsement has been reviewed and
approved by County Council which cleared Condition 36.L.. The issue was also brought before
the court and the ruling upheld the right of access to the property.
The appellant is already aware of these facts. The condition has been complied with to the
satisfaction of County Council.
CJC55918.018
F.
Mr. Harvey E. Bragdon
March 28, 1996
Page 2
However, the Conditions of Approval for Subdivision 7462 do not require proof of access as a
condition to issue the grading permit. Therefore, the appellant has no basis for the appeal
because there is no violation of Article 26.2404.
On behalf of the applicant we are requesting the appeal be denied.
Sincerely,
Bryan & Murphy, Gorman & Associates, Inc.
M.M.
'Compaglia
Senior Planner
JMC:lg
cc: David Schmidt, County Council
Dennis Barry
Bob Drake
Richard Carlston
Sanford M. Skaggs, Esq.
Mike Bedker
BRYAN MURPHY
CJC55918018
���& �� �,�__�
�ERK80[ ��� �� ^ f �r---
n*oFORM BECOMES THE PERMIT WHEN APPROVED BUILDING INSPECTION DsPAnrwswT
APPLICANT ' mvBUILDING DEPARTMENT AND NUMBER ASSIGNED CONTRA COSTA COUNTY
rf"(40"Fl.. U51 PinoStn,dpmo, wo�xwinc
# 203-14O-O�1-q Martinez, CA 94533-9991
206,677 PH. (s1o)s4s'23o /FAX (s/v)««s-oe
DAlE 0?/27/96 (�RAWIN C/SUBOIVISION-SUPV
APM'ICAN | TOP GRADE CUNSTRUCTION INC SEA'S MIC PK DED FLP Z DP | [ 1
SlREET 324 EARHART NAY SCH DIST SAN RAMOM UNI
CJ ( Y iI\/ERMORE, CA DESC QRAOINO F8R SUD[/ 7462
Z[P 9455O PHONE 510'449 '5784 MBR BR NBR UN1 1: C(1)
^ -_----_'-----_ _ -- '--' ---' -
�RFA DBLO ZONE A-2 CT 3551 ^O3 FEE CD DIMENSIUNS RAlE $ hi ||0 |
TRACl LOT LUP t 3004-9025A 36�-)00 @ .00
S[REET CALLE LOS CAI-131100825C 38O0� @ ,O8
CRUSS ST ��C 20000 @ .00
tlX HGF 35 ' NR ST 2 1/2 MNSB 25^ MNSY 2O ' TIAT AL 92000 TOTAL 1680�'
AC, TOTAL 401 REAR YD 15 ' ----- --�------------------ - -- - - ' -
-
--- ' --'----------- --�---------------- PLAN CHK PC940415 REVIENED BYI 0AlF
OHN� R BLACK OAK ESTATES DAlE REGI) 08/19/94 EMC
STREEF 111 DEERNnQD PL #200 BOX NO 057 ELEC
C77Y sAm RAViON CA MECH
7VP 94583 D
� �����������������������
FN� CONTR ToP GRADE CONSTRUCTION 1NC
SlR�[V 324 EARHART WAY --- --------' ------- -- '-- '-' - ' ' — ' '
C [ lY LIVERMORE, CA RECEIPT # 811�40
7 [1:' 9q55O PH8111E 510-449-5764 G-RA,� PMT 681 1:",00
( IC O.ASG A LIC # 592597 GRADPLNCHK 2O15^0O
--- --- -------------------- ------- 0000316835 - 210� ,00
TOTAL PA}D** 5960 ^00
LICENSED CONTRACTORS DECLARATION
lhnre,by affirm under penalty of perjury that I am licensed under provisions of Chapter 9(commencing
vw;ttl Section 7000)of Division 3 of the Business and Professions Code.and my license is in full force
uc
I hereb.affirm under penalty of
by
Xollowlng� t from the Contractors r the
-
lonstruct,aller,improve,demolish,or repair any structure,prior to its issuance,also requiresp
the Go'It,actots License Law(Chapter 9(commencing with Section 7000)of Division 3 of the Business
�ld Proless�ons Code)or that he or she is exempt therefrom and the basis for the alleged exemption.
Any violation of Section 7031.5 by any applicant for a permit subjects the appicant to a civil penalty of
not M,ore than five hundred dollars($500).)�
or my employees with wages as their sole CiDirnpensation,will do 1110
wolp"and thp structure � Intended- --safe(Sec.does not apply to an owner of property who bulds or improves thereon.
7044,Business-nd Professions--
9nd vilro does such work himself or herself or through his or her own emploi—es,provided that such
improvements are not intended or offered for sale.It,however,the building or iftprovement is sold within
�.lne year of completion,the ownet-builder wilt have the burden of proviing that he or she did not build
or improve for the purpose of sale.).
D 1.as owner of the property,am exclusively contracting with licensed contractors to construct the'0j.,
,-t(See;,7044,Business and Professions Code:The Contractors Licen"s Law does not apply to
of properly who buiids or improves thereon,and who contracts Aor such projects with a
lkensed pursuant to the Contractors License Law,).
"w" m" __-_______-'oA,xfor this m°n" _-_______'
'
��
WORKERS'COMPENSATION DECLARATION
I hr.re!by affian urider penalty of perjury one of the following declarations
I have and will maintain a certificate of consent to self-insure for Wcokers'compensation,as
provided for by Section 3700 of the Labor Code,for the periomiance or the work for which this
Pennit is issued,
/.a,.,e and will maintain workers'compensation insurance,as required by 000/*°
Lu� mw for the ��� mu ��m�issued. My=*� '
['0[�rrCr-`�--R[p13'l�J (�9�9��^~~are:
1 �,J
491
ltI
-.1 :us tasr
J /
t� 2 P Jar
1,s toe �ry rrtJ tis
S
o
tJ� yyi° 'tT! 246 t�i5 Y155
lj1 IT 5 r i 4 rIp5
N /f
'�U
rrr
Ylo\ t'i � ry !�¢otrti trrr i eI 2q4
9
1°v 3 2p2
4yt 8 YYtr t'Y'`` 490
tttt , i llryi ttil
}///
OD
� toy pR
>
W >
d
'Q a 1 y2o 3t7° fl p''
32 �
/+489
Sa 2p7 V y 64
<JJ14�}. � t 1lld0 tli0
{ 61 • dldo
q 15 m_ '141 u pTNENi5CM001Go
eo
61
}Ir r• a tt R
c 4V 1 �H
q
rrae
ARILLO nw
r7iiiirr
J
o• rod> /."' 0 y gT J t o0
55 / i
/set j1 574 ♦w w+ 84 g5
56 t
r�
t
1
lru 17p
tr iBTw w 3 42 65 O�" 31=;30
+ 46 w A5 5p 41. 3 34 y 24 ti 28 �R34f' 1
3
•.! M i 47+ ° w w e! 9 �y 33 274 26 t
_ 26 ' •a 42 '4 �',` 1
dr F• 2 44 AA
rd 38 36 ri
;- rr
'd rd O a' " A 1 q6 15 13
2012 y O ti
{SUB /d. '� 1 o Q8 487 1
o ter Y p\t i
tl V t0
to c 4 . +.$6 l 14� p- - -- -
"4i tlpt ty ;� 23 i N tJFt
12' w ter 6101
lo6
5 tet 6 S ',7 %584
7 5 148
t583 15 900
too
loo
1582 4Et EAS _.
} 04
MEET7. a 1593
4�.�-..j�di'T
1581
too 940 �92�..158 �t I�,�,n►._.!
304 "••`....�--- �
o _ 100 too
1580 soo rE7EA3 0
(t3T CC
300
304
0 300
RECEIVED
LW7;W 6:vm
- 5W
a"6 o
cr-suffjwr"s
CONMA COSTA C
March 5, 1996
HAND DELIVERED
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: Appeal of Grading Permit
Subdivision Application No. 7462
Black Oak Estates
Dear Sir or Madam:
Pursuant to County Ordinance Code Section 14-4.002, and any other applicable
provisions, the undersigned hereby submit this notice of appeal of staff's determination
regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates.
Section 14-4.002 authorizes any person aggrieved by an administrative action to file an
appeal of that action to the County Board of Supervisors.
The County Public Works' Department issued a grading permit to Black Oak
Estates and/or Land Based Research and Development Corporation on February 27, 1996.
The undersigned believe that the issuance of a grading permit, which permits the
grading of a 45 acre parcel in preparation of a 36-unit development is premature in that
the applicant has not established that it has legal access to the parcel as required by
Condition 36.L. The undersigned further believe that other conditions of approval of the
subdivision have not been satisfied and remain at issue. The undersigned and the public
would be irreparably injured if the applicant is allowed to grade its property without
having satisfied a critical condition of approval related to access,a condition that it will
never be able to satisfy.
Clerk of the Board of Supervisors
Appeal of Grading Permit
Subdivision Application No. 7462
Page Two
Please notify us as soon as a hearing date is scheduled regarding this matter.
Enclosed herewith please find a check in the amount of$125.00 to cover the costs of this
appeal.
Thank you very much for your consideration of this matter.
V truly yours,
Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A. Koss
VERIFICATION
1, Charles A. Koss, declare: I am filing the within Notice of Appeal. I have read
the foregoing Notice of Appeal. I certify that the same is 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 under the laws
of the State of California that the foregoing is true and correct. Executed on March 5,
1996 in Diablo, California.
Charles A. Koss
cc: David F. Schmidt, Esq.
Sanford M. Skaggs, Esq.
A
Contra Public Works Department J.Michael Watford
Public Works Director
Costa 255 Glacier Drive
Milton F.Kubicek
County Martinez, California 94553-4897 Deputy.Engineering
FAX: (510) 313-2333
Telephone: (510) 313-2000 Patricia R.McNamee
July 10, 1995 Deputy-Operations
Maurice M.SNu
Deputy-Transportation
Michael Bedker S. Clifford Hansen
Land Based Research and Development Corporation Deputy•Administration
111 Deerwood PI., Suite 200
San Ramon, CA 94583 JUL 14 1995
Dear Mr. Bedker:
;Z CAIF,�
RE:SUB 7462, COA 361
After reviewing the enclosed memorandum dated June 27, 1995, from Victor Westman of
the County Council's office, the Public Works Department is of the opinion that the
property being subdivided, Subdivision 7462, has physical and,legal access to Mt. Diablo
Scenic Road. Moreover, we feel that the developer has successfully complied with
condition of approval 361.
This conclusion is based on our observation that Mt. Diablo Scenic Boulevard, for all
practical purposes, acts as a public roadway and Mt Diablo Scenic Boulevard is the only
access to and from the subject property. -
If you have any questions or need clarification, please call me,,at 313-2348:-
Very t ,
chier
Asso ate C;il ngineer
Engineeri g Services Division
RL:a
GJen9svGr11Bedker.t7
oc:cc: B.Faraone,Engineering Services
$$ o Engineering Services
rticR,'County Counsel
S.Skaggs
McCutchen,Doyle,Brown and Enersen
1331 No.California Blvd.
P.O.Box V
Walnut Creek,CA 94596
S.Magata
Bryan,Murphy and Associates
5000 Executive Parkway,Ste.125
San Ramon,CA
Leah H.R.Weinger
2033 No.Main Street,Ste.370
Walnut Creek,CA 94596
Hal F.Seibert
P.O.Box 310
Diablo,CA 94528
Amera Koss
P.O.Box 371
Diablo,CA 94528
COUNTY COUNSELS OFFICE
CONTRA COSTA COUNTY
MARTINE7,CALUZORNIA
owe: June 27, 1995
To: J. Michael Walford, Director of Public Works
T
Attn: R; 11it. ez.3Malpp, Engineering services Division
From: victor J. W tman,,-,County counsel
By: David?' "Schmidt, Deputy County Counsel
�-h��A`c* Oak Estates
Re: Condition 36L',
Having reviewed all materials submitted by the subdivider and other
interested parties, we are satisfied, as provided in Condition 36L,
that sufficient legal proof has been furnished that legal access to the
property is available from Diablo Road.
As also provided in Condition 36L, assuming that your department is
similarly satisfied, you should inform the subdivider and other
interested parties that Condition 36L has now been satisfied.
DFS/
cc: Franklin Lew, Director of Building Inspection
Harvey E. Bragdon, Director of Community Development
D. Ir
1 CHARLES A. KOSS, SBN #
P .O. Box 218 FILED
2 Danville, CA 94526
(510) 837-0585
3 :SSP 2 6 1995
Attorneys for Petitioners
4 STEPHEN L.WEIR,COUNTY CLERK
CONTRA COSTA COUNTY
5 BY VV RAA
DEPUTY
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
V
7 FOR THE COUNTY OF CONTRA COSTA
8
9 LEAH R. WEINGER, ROBERT D. ) Case No. :
WEINGER, CHARLES A. KOSS and
10 AMARA L. KOSS, ) DECLARATION OF ROBERT W. FEAD
11 Petitioners, )
12 V. )
13 COUNTY OF CONTRA COSTA, )
14 Respondant . )
15
I , Robert W. Fead, declare as follows :
16
17 1 . I am a private consultant for attorneys and title
18 insurance companies in the area of title insurance claims and
19
practices and in searching title to real property. I have
20 practiced as a private consultant for one year. Prior to that
21 time, I was employed by Commonwealth Land Title Insurance Company
22 for a period of four years during which time I worked as a title
23 insurance claims administrator and Regional Underwriter for
24 Northern California . Between the years of 1968 through 1990 , I
was employed by Transamerica Title Insurance Company in the
25
positions of title searcher, examiner, Assistant Plant Manager,
26
27 Title Officer, Advisory Title Officer, Manager of Central
28 Services, Northern California . My last position was Title
I Insurance Claims Administrator and Regional Underwriter for
2 Northern California.
3 2 . Over the course of the last 29 years, as a result of my
4 duties in the above positions, I have become experienced and
5 expert at searching title to real property including examination
6 of all recorded documents, knowledge of County Recorder' s Office
7 procedures, and maintenance of County real property records .
8 3 . I was retained by Petitioners to render an opinion as to
9 the rights, if any, of Black Oak Estates ( "BOE" ) in and to Mount
10 Diablo Scenic Boulevard ( "MDSB" ) in the unincorporated area of
11 Diablo in Contra Costa County. MDSB was previously entitled
12 Calle Crespi and Calle Los Callados on the Map of the Mount
13 Diablo Estate Park Subdivision, First Unit, recorded on May 16,
14 1916 in Book 15 of Maps at Page 301 .
15 4 . I searched for, reviewed and examined all of the deeds
16 purporting to transfer title to the road and adjoining property
17 on both sides of MDSB between the dates of 1912 and present .
18 Based upon my review of the public records, it is my considered
19 opinion that BOE holds no interest, fee nor easement, in MDSB .
20 S . In 1912 , title to both the BOE property (on the east
21 side of MDSB) and the property ultimately subdivided as Mount
22 Diablo Estate Park Subdivisions (on the west side of MDSB) were
23 vested in R.N. Burgess and Anne Fish Burgess, his wife . They
24 conveyed the property to Mount Diablo Park Company by deed
25 recorded July 17, 1912 in Book 182 of Deeds, Page 224 , Contra
26 Costa County Official Records . Subsequently, in 1916 , a portion
27 of that property was subdivided into Mount Diablo Estate Park
28 Subdivision, Unit Nos . 1 and 2 . The property on the easterly
2
D. I�-
1 side of MDSB was ultimately conveyed to W. P . Frick by Hibernia
2 Savings & Loan by deed recorded on November 3 , 1922 in Book 434
3 of Deeds, Page 5, Contra Costa County Official Records .
4 6 . By deed recorded on December 14 , 1928 in Book 160, Page
5 127, Contra Costa County Official Records, Frick, the owner of
6 the easterly parcel, and owners on the westerly side of MDSB
7 granted to Claire Simmons a "perpetual right of way" over a strip
8 of land 60 feet in width which meanders through portions of
9 Sections 14 , 22 , and 23 , Township 1 South, Range 1 West, M.D.B.M.
10 for the purpose of construction of a toll road over MDSB .
11 7 . By deed dated December 31, 1928 , and recorded on January
12 17, 1939 in Contra Costa County, Claire Simmons deeded her
13 interest in the 60 foot "perpetual right of way" to W. P. Frick.
14 Frick subsequently deeded any and all interest in and to the 60
15 foot area to Mount Diablo Co. , Ltd. by deed recorded on July 21,
16 1930 in Book 249 Official Records, Page 47, Contra Costa County
17 Official Records . As of 1930, Mt . Diablo Company, Ltd. owned all
18 interests, both fee and easement, in the 60 foot area which
19 encompassed MDSB .
20 8 . By deed recorded on April 3 , 1931 as Series No . 3866,
21 Official Records of Contra Costa County, Mount Diablo Company,
22 Ltd. deeded a 60 foot easement, which encompassed MDSB, to the
23 State of California for the sole purpose of access to Mount
24 Diablo State Park.
25 9 . By a series of deeds and decrees of distribution,
26 recorded in Contra Costa County between the dates of 1930 and
27 1955, title to the property on the easterly side of MDSB became
2$ vested in Mrs . Florence R. Force by reason of an Order for
3
D. lox_
1 Distribution under Will of Raymond C. Force, Probate No. 17823 ,
2 Contra Costa County Records . All deed and decrees in the record
3 up through this recorded Order described the BOE property as a
4 fee parcel, and excepted therefrom the 60 foot area which had
5 previously been granted to Claire Simmons, and subsequently to
6 Mount Diablo Company, Ltd.
7 10 . By deed recorded on May 1, 1956 in Book 2758, Page 73 ,
7 Official Records of Contra Costa County, Florence R. Force
9 conveyed the BOE parcel and other property to Castle & Cooke,
10 Ltd. , a Hawaiian corporation as to a 1/2 interest, and Helemano
11 Company, Ltd. , a Hawaiian corporation as to an undivided 1/2
12 interest . The BOE property was once again described as a fee
13 Parcel excepting from it the 60 foot strip of land.
14 11 . By deed recorded on August 6 , 1964 , Castle & Cook,
15 Ltd. , et al . deeded the BOE property to Peterson Tractor Co. , a
16 Nevada corporation. Again, the BOE property was described as a
17 fee parcel, which excluded the 60 foot strip of land which
18 encompassed MDSB .
19 12 . On October 8 , 1964 , Peterson Tractor Co. quitclaimed to
20 Castle & Cook, Inc . all of the right, title and interest in the
21 BOE parcel . Said quitclaim deed, recorded on October 8 , 1964 in
22 Book 4719, Page 166, Contra Costa County Records, described the
23 BOE parcel using a new metes and bounds legal description which
24 did not except the 60 foot strip of land encompassing MDSB.
25 Based upon the record, the new legal description was erroneous,
26 as Peterson Tractor Co. had not been conveyed any portion of the
27 60 foot strip previously conveyed to Mount Diablo Company, Ltd.
23
4
1 13 . By deed recorded on November 22 , 1968 in Book 5756,
2 Page 433 , Contra Costa County Records, Castle & Cook, Inc . deeded
3 the BOE property to the Athenian School, a California
4 corporation. The legal description in said deed mimicked that
5 used in the prior quitclaim deed, and did not except the 60 foot
6 strip of land.
or
7 14 . The Athenian School conveyed the BOE parcel to BOE by
8 deed recorded on August 16, 1989 in Book 15270, Page 314 , Contra
9 Costa County Records . In that deed, a completely different legal
10 description was employed. Said description purports to convey to
11 BOE the easterly portion of MDSB (formerly Calle Los Callados) .
12 Said description does not contain the exception of the 60 foot
13 strip previously referenced in the prior deeds .
14 15 . Based upon the foregoing brief synopsis of the chain of
15 title to the BOE parcel, it is apparent that BOE' s predecessors
16 owned no portion of the 60 foot strip containing MDSB .
17 Therefore, BOE has no fee title interest in the 60 foot strip.
18 Moreover, there are no recorded deeds of easement benefitting BOE
19 as to said 60 foot strip; thus BOE has no granted easement over
20 MDSB .
21 16 . In addition to reviewing the recorded documents which
22 affect title to the BOE parcel , I inspected MDSB and what
23 purports to be the westerly boundary of BOE' s parcel .
24 17 . MDSB, as it meanders by the BOE property, is an
25 improved roadway which appears to range in width from
26 approximately 16 feet to 21 feet . At the southwest corner of the
27 BOE parcel , approximately 20 feet easterly of the easterly edge
28 of the improved road, there exists an old barbed wire fence
5
1 running in a northerly direction parallel with the road and
2 approximately 20 feet easterly ofthe improved road. The fence
3 runs along the western boundary of the BOE parcel . Between the
4 easterly edge of the improved road and the existing fence
5 described above, there is a substantial drainage "moat . " In its
6 current condition, access to the BOE parcel from MDSB is.
7 virtually impossible by a non-four wheel drive vehicle . Attached
8 . hereto as Exhibit "A" , and incorporated herein by this reference,
9 are true and correct photographs of the improved roadway and the
10 general western boundary of the BOE property.
11 18 . I have reviewed a copy of the ALTA Owner' s Policy of
12 Title Insurance, No. AZ 911781, issued to Black Oak Estates, a
13 California General Partnership, by Title Insurance Company of
14 Minnesota on August 16, 1989 . Schedule A of said originally
15 issued policy describes only the fee parcel owned by Black Oak
16 Estates, and did not insure that Black Oak Estates holds any
17 easements over any other parcels .
18 19 . I have additionally reviewed a copy of the CLTA Form
10 110 . 1 Endorsement attached to Policy No. AZ 911781 by Old
20 Republic National Title Insurance Company, which is undated.
21 Said endorsement purports to replace the legal description of the
22 property originally described in Schedule A of the ALTA policy
23 issued to Black Oak Estates, by adding the following language at
24 the very end of the legal description described in Schedule A of
25 said ALTA policy as follows : "together with the right of access
26 over Mt . Diablo Scenic Boulevard as the same existed August 16,
27 1989 .
28
6
1 20 . It is my considered opinion that the endorsement issued
2 by Old Republic Title Insurance Company referenced above does
3 nothing to enhance the scope of title insurance coverage provided
4 to Black Oak Estates under its original policy of title
5 insurance . This is so because, according to the language
6 inserted in the endorsement itself, the scope of coverage would
7 be increased only if Black Oak Estates held "any right of access
8 over Mt . Diablo Scenic Boulevard" as of the date of its
9 acquisition of the property on August 16, 1989 . As set forth in
10 Paragraph 15 above, subsequent to the execution and recordation
11 of the deed from Frick to Mt . Diablo Company, Ltd. of his
12 interests in MDSB, neither Black Oak Estates nor its predecessors
13 in interest to the property owned any record right, title, estate
14 or interest in, under or through the sixty foot strip of land
15 which encompasses the MDSB . Additionally, there are no easements
16 recorded in favor of Black Oak Estates over MDSB as of August 19,
17 1968 . Because Black Oak Estates did not own any "right of
18 access over Mt . Diablo Scenic Boulevard" as of August 16, 1989,
19 the date it acquired the fee title to the property, the
20 endorsement issued by Old Republic Title Insurance Company does
21 not insure any access rights in favor of Black Oak Estates . In
22 essence, the endorsement operates to insure nothing.
23
24
25
26
27
28 / / /
1 I declare under penalty of perjury under the laws of the
2 State of California that the foregoing is true and correct, and
3 that this declaration is executed on September 8, 1995 at Walnut
Creek, California.
4
5
6 Robert W. Fead
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
�� i•'yyi�t'a•n'�� J 3RL t`ak'�r�'�'
♦S
�A�.+ { ^i-'•'^� timet:dy}"�"Ee F.�t't';#i i��.4"'l*r`k , '
•..�e.r-.y.:��� _r� :tom. {,
' ..s......tQ"-"'`•:-�.I � .�.. �rr_t.�r� �._., � l�-�'*` rb h •'F'y�a'' •-.�. - - , ",ni =i
z . .:a c� ,,mow �#•• w•e •►--- '."�.w.���
.� . fa Aft Y - s•y a���1ih:�,.. r':�4 d!�
^}';� _ t1 -tad ..:''`�°` �_ �;.l� -.±` �;.Jr "r'w'r��'"�-°��8.. y "�if;r'.c s•_
- •Ia�, :. ,,,fig ,1j 7Jr� Ii f... 'S',Y• w f •;.'n. W'M•ek
ffil
,q .Jl' l- �' M;w.`. }�.� 4'�t'•8 r ' .� t}I. ,d� .J �. tr ,�k rr ,. ,�• F�
Ilk `
f
Af
� :>�yJ'�,��*G ,��,s U;�n t •_-af .mss -.a v � �-- ! a - '
�a"iid` S.�A.'t_ni•Y ' yF � `\.�` _ - et.v�` �� T,� -�� off'' ~`0. 1
. ���'..rr��E.¢•.. :t. _ -_ ` .� t._,F 4t'� �k.me,' ,�.•a�„.,, .�,yr. tj+�r ,fig;.,"
y a�q�y_�'- ... ..- -_ ._.. Ry-. "'w "�:t '�>Xi.T f.��. a x,�'e,�,: ��,;;,, '*nr�•�•rty"�'• - .,g-
. � ��"•+�i�K � ''� �'lit" I ^�4-r +.. L.
__��, "' ...'. '`:� .p.moi-' +�'4'• �".�•a <'..a4 ,: y;�1�:
t.' i�. ..- fes• �_ � �}.'�•.�J': y�
le
ie .s.W' rk� e T�;, y ...•-,H'"SOI .40
syr`
`' Pry "e,•?y,n. i *' . e i -
- skK�•�4�r yam. T•rff• ■
�� k• � �' ��-�.'.'lli•�d �]�;,, ` � •ate-
� •� �t ���,.�.,µ4!- ����.� tis`-.;af•�� �
Lvtl�'� i_ •�-..J �:. r• �.•�,y ate._-�_' �'� =•
e�f .tA&.� � �. I �� '�r T~��tl�i.i,�,.•s_•:�' ,`+r :,8:�'• -�`moi+'
• ;
-- Y �
4
''�., :�f'.� a�.Y- �•• 1 '
J,ra; �� •tat , ` • ifs
�p 77 •
yy
►e S A, y
t ,� +fes,• �4^' � t
If
.A t•. 1 `{!abi
tegt+• t,•♦• i' f.. EJ�*iky�'RXi�t, s �. , y `, r ,
r. �!.'"t t rp•,. {' +r�,'�'.. k, , a �•�-ar'�t �. ail� Y:,
lk A r) a d'
I '
• � ���� }��. '� •� � t is
.. .. .::....
r � i
_ IAll
r
'tYZ• .- i�'•i�}r,' fir•
. - •tom ..`.�+.
. • 1.
' •, :!'F� Y ice~-♦t 1�1�5I*�.
741
� ~ •iw
t 1.0
lob t.. .�,�•• _fir„r ! ,;.
♦ '� R
niY T
74
+ WA
-. • � �.�,-ere+.��. •� ,aa`� �!" }.,4®'�"S����sr �'R*1!�"8 3w �,,�� •-
w.
.ty � ' �'}'�a .i,s�,ys�. 16.. +-'}. �_- .�,� 'vx'#'.j;# !s"�..;! i �ot.r., •,y"'�'"i c z':6, +xi�r(�.�,t�:'a
K P'-"4"+ ~.rt�
Y k
7.. .rte
�
.0- -V+ "N, '�13 ...4w•rx 'r `I .r'P•,,�'!'S.t,' - ,R +^
ti' Y '^�C "',Y•YY 1'�'pXk'jr•,i 4.T.- r P "a"'r� 4�..��' "i`+�SM�
110111
' r��"y,.. .el�♦1 �,.t.y Jyt#'. ^ It +A{..ysM1
�1N�lP,
�tM; S,•'3'ay p, - *'.moi,,.. '^"K + -I >Iy'a, *"�+l�kia*`+ =c.' '1 7,1 Lw.
-'rte.�.,,y ra"t vaL�s'r*`�,.. t bl.•„+'d"Re.e>:.,, <.�,r , s
:s ...tea��;,�.,� • y: tea..',*�'}• .,�...r e ,+a.'s
` "'�•''c-ti�" ',,��a •- + �'h� '''.��,,, .-rte,,. s ,�.�^- , .
' � yrtt::a• ,ya�r*" �r .i./''q F w .i":f.�Y + s. .w •'"-;r"',w;-.'' �,,.,,...
i'%." _yr „Jy t "h'sr*�..yy tR• t ..i� '� ��c.«`� ,I, '��dT .> ;
:y7��y: � t ,,A+rrgR s.�'��f� }* r '�`+� �� �_ •'_ ',"'�+1.�i r.�'t ''"�..,.►.-.�t�•" ,�ro�`^ 1!
r ` -r�.ez �,sy:.. a.. 1*'�!•'. 4 i•�`..aa. `""✓"",.':.fr: �'T+} �x'��..r,�«..
�j� Y 'A'.'. �4 y�..i'�' � .>� •,..',�+. ..-YRS � ...�!�\, ♦, {�^•'T � "'�.t��j,� i�"Y„ry" 'E-�y a.`
-»�.y**.»y s..:.,w Kai�r�,a "���`�'f�r.�'44 i'a4�'t+ I i•, :','I` `ti.�'`�i,..` ��r�.,��
"' ..:.yam fit}'r" L�'•�^� ,,. �.���v - is*I s�>Y. t� ��'• � 'V
.. }:}JR K s' �x.` P.`.>'� � }�Y'e'°c� , ,;. � ,,, '`�� •'`^ °" '.'r�� :e�y',y, w:. Y'L-, ���'!�t r f
r <c"" �'� i:�a..s� �.° ,yd`s.•,t 'p� �,...iw. j*11..`'n't x.`� �� �. -'i i '�` *'
.:3 r —4aeF
♦ x ''k
ru .v kj" "4-t x G r:y s. ,K•.r <icx srt .. ,. i rF' y. ';
i Y 't t
F f
j4 S
JA
1,
i � � �`t '�'rt+'1r ��h, � Ya' ♦Y« u,4 s'.j 3< '-'i r t '-- '
• _ ��''4^y°z�.`:.s r �r->�,�.d'�fir, 4+k��' r?S��S,,�bg• vitt.r•
_ _ t•��a�+! �,� .+."'Y��}�3�•`,.., y"•J`t''•-�,`SVA
w r r�$iy � .. < - „r, � '•'s � et xy s.�.�"Y� ���,t"yt''�im.#,yr!.1�E`
4 y
M
yy pp
t+
31ir
w j
`�e1 A i �M� *♦ti• uR �i •i,'. <{1, d. h •'� .�'i
X f
Y s
r1K b t � ts'3�>• e }"_Yf�-.k 4 i.Y♦ �z.3 e -fy ,j i'"'.iV•d" ° .i.F. � ty:�i SZ�+"'Y"_$ It '.
� E."1's:a.�� ��v1^,`#v d;� °•','`` a.;� y�°�,OR'Sc. - 9 .•1r f;._"''� ;�dr ,,t�w.*t,�'� t !.t���,�ri
x+a. !':`.".�i<'i.. �J�i' �^:ai.. T�Ys��a�R x ��A• �. I a r:t`.� �A�y��y`..r°,��/'G.2 .'.tY -.;�:
,�.''4s.:..-`"A's. ';�''� �.,. •;1�.�.ut". =� '� ,��+p�,�. Yew. a' a � ^ry �,s j.. !•�.,"��.>M.4 .y�y R::."^„��Y,•a
.� ai'`- w'�-."�` t}�� '°�Sr" .'a'Y' 'y' �� �•-.�. r:n�f, r+ s ...'��i4T�..���r;�.;� a„4wiy�.,et t'y�-!l i .tw
` #,`,_. ',,."' „-`"sia.�j°•• '.. �.<-.tt;f.',`r° ,, .� 4'� > '►; ,�',�..4* ,x !i dw yea+',.'i' aa: s �'ek
�;:; }a�.•` t` ,+`n.�SriYt'*+,�a 1�a' � �' M �' �.,.... � Y'.k � � z ^�,. .r.asr
f
. ,+..a a ,irG�.y>' -C.:'.,,....'YK'..x t v"b,''��«'a�,..}. `: �a!��,,,,rw'�t`+,.w _ _,wyc"g rRtl ';'•+� •�!� 'Ri`+.y*'�.;�y"'w�p.�y!�.'�•y +./��..` �, i.;,; *:��,.
•v t �� •'� i?' _. �-r• ,p� - y.;f.�"Y '►• �1�.s;�� .'!�� ♦ "�1" ,y,°.,s ��� sit�" a Y�;`.- fv,i a r R,
�t�.4+ , lit, V i.. h' Yh. R' } ti,*..' - ��A� 44a. ap•w .4�A y�•♦Y{i,.,fF�• '-0'4 ;s4��
.+I.:4 •r•,��'4+'�at�.: .;,,t;�� a#...:"��t r�� �.t r y �<�.�•r �. - iM `'4> _ �c y,,�l !''.:�' w;, ��;'�°.4t�'�"'�:°a7w.-�
?...f�K��^,�sh�.. �a. ^. '.t•.,4„a�'}'�<ti' 5"
j''s�.ktt.° �'a ,,yv,�+�i ...:. ! {LOz�` .,>. of � - �i:�- .,.,�}- '5�,,X;���#-"�.� �` '�``'#'�i:Y -�+y''���,5• �'`�a Ui�.4�;,:,Fp
enK
IL
s x. #"ti,�"�,,se^f s�a+a�+�" t��,,x„a f- .a •� s � 4. ,� t ,R': ,�� •'�" M,t:*>r.#�wt� '4 "�'�►+EF� R^x-''�r4
a .�.t N «,�I �fq+rti,$w+•i,p . +6s �,. � .�}� ,rl. 3,�4,R
ro w► t w•>Ya»a �• '�♦ `'wra4( Jr t,r't �f
w •� �<
t -
*•• y �* Z � Y t w r _
' � F
rw,�.", .s•' +„.�ily s.1±��A•+� � „- tom.♦t ... 4ti;
,
l
p�. .• �Y,`1�,r lM i l����... 'L. ,>', r = ,;�"'}t"y,•!'r`�R -••iR'.♦1
•4 •.rw°"4�,3s;1,4.•`S�,��'�° ' ,., •"►y' ��.. .,,A r}'�''.y_, !R-~+•'+lid :�.
•.W t,a. .��r ^�f .�♦ -i^��s`1,' A� •��• -��,- /ir;; ,ren"!. •�*,y.w�
,ter •i ',t�'�i �,' i..`.��r'11M s �♦ s r ,'.,
1, �;, r ��5'.TJ#A r •.VI
ve) R t� t •►irk
f�ti„yn
�`/%•:fir f� [ I -
s f
-,K.��^'' +�„,'� n. �.� .tr: y`S✓- i Y w�.�. �3'�4 4t ro.t,a.::' 7•s'"`r=ye
,k. �, ,+��.,j,r J,4 � ` .+'r try�• ,jg�R"�. �"Y
_-��.� .t�t�*��'���” Yx it 2,,. s! •.� ,j,�w..+'��`' >e�+:F� �' '' TM
't f
.:y
:�- .`'�'�,•'.� l� ,� �• � u" mss`
r;,n► �f�"'�`�'l� r '�"�. �~ `s,1Y�'��I'^�,�F#fµ'YMrt�� � 'ri1°`" •"
77
may`. �.<.:A. .. ..•Pf.,y; '.. ,,�)J!. r•�..t t.� +}p' : -,�
�``"' ,y,�'"�-a�� l.�4• �,♦■ "`fes` t�%+r�.'�"� a .r.
•M ►A
g/ M1�
-_ 3 .i "�^' w e'F{ °''?7.a::r - +- _ yrit•,T Y:''S'1 RX"i�,i�• p''s•i""
,. i r~N ..., ,�K.k,3r. '�' `� "','�#fA1� ..�,,..r 4y;�{�.. � �, ' �,,,,«�=t+•,.,s z� r'" ���?.,�€��� res�'±.�,t 2 �.
+�. .,*.?rzatr.- '+�'' � �y��!!!�' -. -•�a ,�.,;E,- `,4 zt �., �•� ice' � t,;..
_ �.. a.�'#� 'e:., >��,1, �+;k+mss 7-¢ 1 -+• tom' y R"ei��
' # foepq,,,*�' ' A'R ""f"7• ; ,__ �i•e .cC' �rd
-. . ��1Pa,-"+++� ?e',�'=� . .♦ g .,r A'`�ks_ �+sK�+`4 ��e '3L.E�...t- ��''�}-ji�i i 5 "'4`:
�.p5 r, .>a-+•„i....:..w..' ":.. ,. - <., '�s:a'1;•� f•g. a'•�. ,may f4"ffi' :.+r,+}y�:.,.''s :'"{#•1 .a. rL} v51'.s-,4Ar,.'�,y
faaY.a^ +.� yl Y.St
75,
,s,iFA, ,�, •,' �'A�. p ^'E Via;.."^ ¢tyt'#`„i
.!IY' z n, s,,,�3,a fi ry,* „r'�, �y-.' t�•g....... �_.�w �+.s !'i �� ..q ,� p�•y�"•q
K��•� r >�5 a•;..,t�.$•f.ry-a"k'"���.�... `i -,_..f,t .tti'�,,�?-�-.p etat 3v�}`�i'2:�„�f.-M�• 'iq;r+�•,� �'�C4 �r�"..uss�i 'mow
Xsrj Q4 r ;), + jX •; d r•s 3'z d ,f J r s '#r
:+'?.7fr' 'a`'1 +.+`+§Z;S>
`<;� '*�' 'i yz "['•'��9a� �. ��w�� !ter''.,rr:-��s•'_��'rfi Y�` :: i� r .r
�`�'�`��''I�ati t r►,�,..,'.`� .pt, t�,,,,--� •r .£• �•r�,�►�F' t r',-,�.�s,`<w°r�` •"i ,c..s qtr. ^►.S'k � 4+�% a .g,� w
�' �'�t>r.•'�'".k' .Sa'4)�'',`:'• ..}e ' "` q g^t d ay"-,l$. p�'...g.,„ -"�.: ,'"':
Yy� c„�+E_C.'t a:.,ty�►`.�iih.,�!l X3.1.••-� .:};,.;,.�.G„'?'#�y�'.a"�'Ft�..,j�.T..�`+b _�tb s,x' _ .• �` .�":. s." �^���., ��. .+q�,n�"'�.•. :.,�:,.
. '�+�rj t.„,'.• t.:� tv.�y: ��,;.4,Y *)z C.t�t=':se L s. .. <r'- ''•hS.; y w, ��
•-k`s: c - f`yt�,t,.},:i.]Q� a. ��- at+.i.. y�.:-sC �";�.•y:�rtri.� � M�R,��,,;�, .�,':, .,.�:�,. � a;P�,. ..»t '�"*'fit°4��t r.rr
AKA a.f2•.ifkYRr+=i�F �..+ 4'.:.< -ir.. .��„� 2,4 s. ,•th C.. �a4"..�+¢i+ ,. 3-"t* 2'+' "+i yv.. J''.'ie'�ii5 .:„M,
.:+,.r. 4 �.'� ,t''�c;� r i.E�-.. �S .,�';-� .S k.. ;�.t y.,,��X-:,p.t'it• ;,bra>4 .`ya.�+« ,�: p
{ le
�k.��.��.qq���t4 .��}�a;;,,.s�,�, 'i y( .•. '�f a ^.*. ti o.c y. +' itro.S,eS��.
<;•,>im-i!,a, a� '•"ib`t..', 1 s ;a r „x<,. µ"k, r.. ,',q 'e+. 'q't :•� d''4;
_`;� �' 'a't,r�, t ,.y.: t-o-.,ri 4 �° x 4'rA r �”" aa, „, t; '!E -„,' t w.si,�.;:`•4 m "v
,� ty�r r., +R a r r A w.� •.,.,$.�C'w .rk � �. a„ +��r'� >� E`..� �A' ..L �°� �w�i4'+�'�
�.ay rti'14V
yoRl�ry/1ii4����X��vla r r s c�}� n
`�#�'`'x��,� .�+ � 4:... �• Yfnwl7•�l v��_.,t� �t��t{,ti Ay'm �� "K' ' £ ..�ti e-,
+'ii i,f�_y+,�! ..a) y-` 9.♦t 4'4i��, � `'�W t �} '',;Tl' •♦ F 3'.'
�+ .e S�`s� +x� «;r"'16c s'CP"+ Ms.�sf `$" �+t t��SA.a ♦'� `.<S; t���.+
w.2s{A..-•"FLi t..' #.f f"'• ,ry
N,.♦i� �.5y}'��»�.�,s��A^,.y^�yr<y�b y t�ei��,��`•��'K4 A�.
A i� i•
'mss,�,. �:�^��4 t- k✓*'r.-.''�'�►�'"w�f'F a.�:�f?,�.'.V: '..,..�
,�,�fp��, a£'s•s r t:fir .�t,.l��♦ 'v,�.�'
i r
u'
7000
� N
y +' 'A7
r
WOMB
db
It
G'1
.,z
i
;9t
L.. . n�.ir►.-�
oft •,'
. W 3��i f�y�.�..,..A+A'.�`�'Is'- �� i tRs - � �. ��A , :,.-Y�4�__,.•�V�J.a��'�.\M1��t�
14
4410
44,
mom
• L �i _
. .. aha :•..,
t.
t �
-w
...� $-'',As.. �..,�- .'rte 'r..., ;,,,-•,.,,7
. �,.� ,� �;K`.�'�P,e:•'�',e n�r: �.f• J J�. ,gyp�.,t
rr ri_
,
•y o.° �•tt .. J
.. 1jt�aR 4 i �T.��0.9h:�. � `�Z • r; I
fl
�` .pct r"a �' �Ct"'+' d '�' r'a+ -'•� .-a. •/✓ ' C �r�i -''.•fpr �� �t4� t
' �... x, a y*," ,iri F r{+r g . ro"�•1%.•� �g wl4�: �. ,..rl.•..«-. "C.'7``�1
" �`w^+t '�Yfx.e .(f'•s+ '.���,r ts, • i _ �' � ,�.��•;,r_gam® •,,,�•2•; -
st�.��g��'' l• ? as e.�Y-' _- N..�+t.•.��.R -y �'
r 'tt - r
-DA-
RECEIVED
MAR 1 91996
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
DATE: March 14, 1996
TO: Frank�Lew irector of Building Inspection
FROM: Avalon, Assistant Public Works Director, Engineering Services
SUBJECT: Black Oak Estates; SUB 7462
FILE: SUB 7462
We have received the attached memo from the Clerk of the,Board regarding an appeal to the Board
of Supervisors on the above project. The appeal concerns the issuance of a grading permit. It is my
understanding that you will be preparing a response to this appeal.
RMA:mw
g:\engsvc\rnitch\Iew-7462.t3
cc: Clerk of the Board
0
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Mike Walford, Director, Public Works Department
DATE : March 5, 1996
FROM: Ann Cervelli, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal of Charles A. Koss from the issuance of a
.grading permit by the Public Works Department for
Subdivision 7462, Black Oak Estates
We are in receipt of the attached appeal of Charles A. Koss
from an Administrative Decision of the Public Works Department'
relative to issuance of a grading permit for Subdivision 7462,
Black Oak Estates .
This appeal has tentatively been set for April 2, 1996, at 2
P.M. in the Board' s chambers . Please advise this office in
writing by March 13 , 1996, as to whether or not this appeal is
timely or if there is any. other reason it should not be heard by
the Board of Supervisors .
If this appeal is timely, and should be heard, please have
material for the Board' s consideration to this office by March
27, 1996 .
Thank you.
attachment
CC : County Administrator
County Counsel
• D.
RECEIVED
NSR - 5 W6
CLARKM OF SIIPERNiSORS
RA
March 5, 1996
HAND DELIVERED
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: Appeal of Grading Permit
Subdivision Application No. 7462
Black Oak Estates
Dear Sir or Madam:
Pursuant to County Ordinance Code Section 14-4.002, and any other applicable
provisions, the undersigned hereby submit this notice of appeal of staff's determination
regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates.
Section 14-4.002 authorizes any person aggrieved by an administrative action to file an
appeal of that action to the County Board of Supervisors.
The County Public Works' Department issued a grading permit to Black Oak
Estates and/or Land Based Research and Development Corporation on February 27, 1996.
The undersigned believe that the issuance of a grading permit, which permits the
grading of a 45 acre parcel in preparation of a 36-unit development is premature in that
the applicant has not established that it has legal access to the parcel as required by
Condition 36.L. The undersigned further believe that other conditions of approval of the
subdivision have not been satisfied and remain at issue. The undersigned and the public
would be irreparably injured if the applicant is allowed to grade its property without
having satisfied a critical condition of approval related to access, a condition that it will
never be able to satisfy.
Clerk of the Board of Supervisors
Appeal of Grading Permit
Subdivision Application No. 7462
Page Two
Please notify us as soon as a hearing date is scheduled regarding this matter.
Enclosed herewith please find a check in the amount of$125.00 to cover the costs of this
appeal.
Thank you very much for your consideration of this matter.
V truly yours,
Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A. Koss
VERIFICATION
I, Charles A. Koss, declare: I am filing the within Notice of Appeal. I have read
the foregoing Notice of Appeal. I certify that the same is 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 under the laws
of the State of California that the foregoing is true and correct. Executed on March 5,
1996 in Diablo, California.
Charles A. Koss
cc: David F. Schmidt, Esq.
Sanford M. Skaggs, Esq.
The Board of Supervi�3rs r Phil Batchelor
Contra Clerk of we Board
Costa and
CounryAdministration Building CountyAdministraror
651 Pine Street, Room 1.06 (510)646-2371
Martinez,California 94553-1293 County
Jim Rogers,1st District �.
Jeff Smith,2nd District
Gayle Bishop,3rd District
E:
Mark DeSaulnier,4th District '•'
i
Tom Torlakson,5th District yaia
4T'4 COU:��
March 28, 1996
Mr. Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A. Koss
2480 Mt . Diablo Scenic Boulevard
P.O. Box 371
Diablo, CA 94528-0371
Dear Mr. Koss:
Pursuant to Section 14-4 . 006 of the County Ordinance Code,
notice is given that April 16, 1996, at 2 : 00 p.m. at 651 Pine
Street, Room 107, Martinez, California has been set as the time
and place for hearing by the Board of Supervisors of your appeal
regarding the issuance of a grading permit for Subdivision 7462,
Black Oak Estates, Diablo area.
If you challenge this matter in Court, you may be limited to
raising only those issues you or someone else raised at the
public hearing described in this notice, or in written
correspondence delivered to the County, at or prior to, the
public hearing.
Very truly yours,
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
Ann ervel-li, Deputy Clerk
CC: County Counsel
County Administrator
Community Development Department
Public Works
. J. Michael Watford
Cant\'ra t J Public Warks Department Public Works Director
Costa'-'( 255 Glacier Drive -
/'� Martinez, Cal fornia 94553-4897 Milan, P. Kubicek--
�
County i'1 Deputy • Engineering
3' FAX: (5101313-2333
Telephone: (510) 313-2000 Frtriria R. McNarnee
Deputy C:)pr:r�,tign=,
FAX TRANSNER TAL MEurice M.Sniu
Deputy-Trans port atior.
(510) 313-2333
S, Clifford Hansen
l)erulY Adminis;r,+tion
DATE:
TIME:
BY:
TO:
FIRM: ^
FAX NUMBER:
FROM:
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: _
MESSAGE: .
♦t�e����s��s��a;��aa����i��oos��+♦s�ss�♦#���������t�����������a�♦
If you have any problems with this transmittal, please contact:
at (510) 313-_ — —
c-faxtrans
5002 SHTIA 'Jil lid 31)") CCU tiTC 01S XYJ C�:` IF1 ' 96ItT-L0
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: March 14, 1996
TO: Frank Lew ator of.Building Inspection
FROM: Avalon, Assistant Public Works Director, Engineering Services
SUBJECT: Black Oak Estates; SUB 7462
FILE: SUB 7462
We have received the attached memo from the Clerk of the Board regarding an appeal to the Board
of Supervisors on the above project. The appeal concerns the issuance of a grading permit. It is my
understanding that you will be preparing a response to this appeal.
RMA-mw
g:�engsvelmitchllew-7462.0'
ec: Clerk of the Board
#x�d
�xe�
!F eU014
#9uoyd y
!'T/��a� � 'idoo('o�
+O if'
wad
�W � al�Q
�L9L aloN
6 x3�>41-Isod
TOUR SHHOSI :)Ilalld DD-1> CCCZ CIC OTS' XVd 02:9T 11HZ 96/TT/C4 --
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Mike Walfard, Director, Public Works Department
DATE : March 5 , 1996
FROM: Ann Cervelli, Deputy Clerk Q
Clerk of the Board of Supervisors
SUBJECT: Appeal of Charles A. Koss from the issuance of a
grading permit by the Public works Department for
Subdivision 7462 , Slack Oak Estates
We are in receipt of the attached appeal of Charles A. Koss
from an. Administrative Decision of the Public Works Department
relative to issuance of a grading permit for Subdivision 7462,
Black Oak Estates .
This appeal has tentatively been set for April 2 , 1996, at 2
Q.M. in the Board' s chambers . Please advise this office in
writing by March 13 , 1996 , as to whether or not this appeal is
timely or if there is any other reason it should not be heard by
the Board of Supervisors .
If this appeal is timely, and should be heard, please have
material for the Board' s consideration to this office by March
27 , 1996 .
Thank you .
attachment
CC : County Administrator
County Counsel
Z00Q� SHHOht �CVZ CTC OTS 17 d T2:9T !IHI 96/fT/C0
-RECEivFD
CLEM BOARD Of
geNM COVA ae
March 5, 1996
HAND,DELIVERED}
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Re- Appeal of Grading Permit
Subdivision Application No, 7462
Black Oak, Estates
Dear Sir or Madam:
Pursuant to County Ordinance Code Section 14-4.002, and any other applicable
provisions, the undersigned hereby submit this notice of appeal of staff's determination
regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates,
Section 14-4.0021 authorizes any person aggrieved by an administrative action to file an
appeal of that action to the County Board of Supervisors,
The County Public Works' Department issued a grading permit to Black Oak
Estates and/or Land Based Research and Development Corporation on February 27, 1996,
The undersigned believe that the issuance of a grading permit, which permits the
grading of a 45 acre parcel in preparation of a 36-unit development is premature in that
the applicant has not established that it has legal access to the parcel as required by
Condition 361. The undersigned further believe that other conditions of approval of the
subdivision have not been satisfied and remain at issue. The undersigned and the public
would be irreparably injured if the applicant is allowed to grade its property without
having satisfied a critical condition of approval related to access, a condition that it will
never be able to satisfy.
OTe IVI Zi*:9T !IHI 96,,tT/C0
Clerk of the Board of Supervisors
Appeal of Grading Permit
Subdivision Application No. 7462
Page Two
Please notify us as soon as a hearing date is scheduled regarding this matter.
Enclosed herewith please find a check in the amount of$I 25.00 to cover the costs of this
appeal.
Thank-you very much for your consideration of this matter.
(v 'ytruly Yours,
t 14��
Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A, Koss
VERIFICATION
1, Charles A. Koss, declare: I axn filing the within Notice of Appeal. I have read
the foregoing Notice of Appeal. I certify that the same is 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 under the laws
of the State of California that the foregoing is true and correct. Executed on March 5,
1996 in Diablo, California.
Charles A. Koss
cc: David F. Schmidt, Esq.
Sanford M. Skaggs, Esq.
SHHOA A10111d DY) CCU M OTS XV3 ZS:U M1 99-tT
.r
= D h
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Mike Walford, Director, Public Works Department
DATE: March 5, 1996
FROM: Ann Cervelli, Deputy Clerk
Clerk of the Board of Supervisors
SUBJECT: Appeal of Charles A. Koss from the issuance of a
grading permit .by the Public Works Department for
Subdivision 7462, Black Oak Estates
We are in receipt of the attached appeal of Charles A. Koss
from an Administrative Decision of the Public Works Department
relative to issuance of a grading permit for Subdivision 7462 ,
Black Oak Estates .
This appeal has tentatively been set for April 2, 1996, at 2
P.M. in the Board' s chambers . Please advise this office in
writing by March 13, 1996, as to whether or not this appeal is
timely or if there is any other reason it should not be heard by
the Board of Supervisors .
If this appeal is timely, and should be heard, please have
material for the Board' s consideration to this office by March
27, 1996 .
Thank you.
attachment
cc: County Administrator
county Counsel
L41 J J,41
i
RECEIVED
MSR - 51N
CLMM of SU SMS
rte►
March 5, 1996
HAND DELIVERED
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: Appeal of Grading Permit
Subdivision Application No. 7462
Black Oak Estates
Dear Sir or Madam:
Pursuant to County Ordinance Code Section 14-4.002, and any other applicable
provisions, the undersigned hereby submit this notice of appeal of staff's determination
regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates.
Section 14-4.002 authorizes any person aggrieved by an administrative action to file an
appeal of that action to the County Board of Supervisors.
The County Public Works' Department issued a grading permit to Black Oak
Estates and/or Land Based Research and Development Corporation on February 27, 1996.
The undersigned believe that the issuance of a grading permit, which permits the
grading of a 45 acre parcel in preparation of a 36-unit development is premature in that
the applicant has not established that it has legal access to the parcel as required by
Condition 36.L. The undersigned further believe that other conditions of approval of the
subdivision have not been satisfied and remain at issue. The undersigned and the public
would be irreparably injured if the applicant is allowed to grade its property without
having satisfied a critical condition of approval related to access, a condition that it will
never be able to satisfy.
D.
Clerk of the Board of Supervisors
Appeal of Grading Permit
Subdivision Application No. 7462
Page Two
Please notify us as soon as a hearing date is scheduled regarding this matter.
Enclosed herewith please find a check in the amount of$125.00 to cover the costs of this
appeal.
Thank you very much for your consideration of this matter.
V truly yours,
Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A. Koss
VERIFICATION
I, Charles A. Koss, declare: I am filing the within Notice of Appeal. I have read
the foregoing Notice of Appeal. I certify that the same is 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 under the laws
of the State of California that the foregoing is true and correct. Executed on March 5,
1996 in Diablo, California.
Y
Charles A. Koss
cc: David F. Schmidt, Esq.
Sanford M. Skaggs, Esq.
1 � titl bggbtir"qy 1
i
r
.r^
M
r
l 3 m .i
s�� a• .B�` �� � r
co
l a
i
c s
w
U
s&
/
to
O ay
V- N
E
p C0 �
tl�
7 0 m
AS m
Q
6 u> NV
o
o V 2
m