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1 Costa
TO: BOARD OF SUPERVISORS �
s-- County
FROM: DENN I S M. BARRY, A I C P C'•., `� '
DIRECTOR OF COMMUNITY DEVELOPMENT osrA c
DATE: March 14, 2000
SUBJECT: Third Rescheduled Hearing on the Ciapponis, and Yandells, Appeal of the
Zoning Administrator's (Administrative) approval of a Request to modify
the Location of On-Street Parking within Subdivision 7693, County File
#21998206 (Wingset Place, Alamo area) . District III.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve Option A actions listed below.
OPTIONS
Option A -u Deny the Appeal; Sustain the Zoning Administrator's
Decision.
1 . Deny the Appeal of the Ciapponis and Yandells .
2 . Sustain the Zoning Administrator' s decision as described
in the Community Development Department letter dated
October 11, 1999 .
Option B - Grant the Appeal; Reverse the Zoning
Administrator' s Decision.
1 . Grant the Appeal of the Ciapponis and Yandells .
2 . Reverse the decision of the Zoning Administrator allowing
the relocation of one parking space.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDS COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON x0rQb 114T20no _ APPROVED AS RECOMMENDED OTHER )LL_
SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ASSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Drake [ (925) 335-12143
Orig: Community Development Department ATTESTED March 14, 2000
cc: Thomas Gingrich PHIL BATCHELOR, CLERK OF
Leo B. Siegel THE HOARD OF SUPERVISORS
Morgan, Miller, and Blair AND O TY ADMINISTRATOR
DeBolt Civil Engineering
Michael Mentink, San Ramon Valley BY , DEPUTY
Fire Protection District
Public Works Dept .
County Counsel
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Ciapponi and Yandell Appeal of
Zoning Adminiatrator ]approval of
Modification of On-Street Parking Plan
Subdivision 7693, Alamo area
0-ption C - Request the Applicant to Explore an Alternative
Parking Alignment Configuration.
1 . If the subdivision developer (Gingrich) is receptive,
request him to provide an alternative parking plan that
provides for relocation of some of the four required
spaces so as to allow (a) no parking on one side of the
cul-de-sac bulb, and (b) driveway access to Lots 5 and 6,
as, or similar to, the Staff Study shown in Figure III .
2 . Continue the hearing a sufficient time to allow staff and
the appellants an opportunity to review and comment on
the plan.
FISCAL IMPACT
None.
BACKGROL7ND/REASONS FOR RECOMMENDATIQNS
This matter was initially scheduled for hearing on December 14,
1999 . Refer to the staff report of that date for the background.
At the request of the appellant (Ciapponi) , the Board rescheduled
the hearing on this matter to January 25, 2000 . At that date, one
of the clients (Yandell) for the appellant (Ken Miller) indicated
to the County that he had not received notice of the date of the
continued hearing, and requested that the matter be again
rescheduled.
County Notice Practice
The County issued notice for the original December 14, 1999 hearing
to the Yandells and other interested parties . Once a notice is
issued, the County does not normally re-issue notices for continued
or rescheduled hearings . It is the responsibility of the
interested parties to monitor the action of the Board.
The appellant, Ken Miller, told staff that he has informed his
clients of this rescheduled hearing.
Additional Comments from the San Ramon Valley Fire Protection
District
Subsequent to the issuance of the staff report for the December 14
hearing, the County received a December 13, 1999 from the San Ramon
Valley Fire Protection District pertaining to this matter. The
District indicates qualified acceptance of the proposed relocation
of the parking space.
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ADDENDUM TO ITEM D. 4
March 14, 2000 Agenda
On January 25, 2000, the Board of Supervisors continued the hearing on the
administrative appeal of David and Krista Ciapponi, and John and Maureen Yandell to
this date.
Robert Drake, Principal Planner, Community Development Department, presented the
staff report and recommended options. Silvano Marchesi, Chief Assistant County
Counsel,was also present.
Supervisor Gerber noted that the Appellants had presented an alternative proposal, and
she was inclined to request that the Board consider it.
The public hearing was opened, and the following people appeared to speak:
Rena Rickles, Esq., attorney for Appellants, 1970 Broadway#1 200,Oakland;
Leo Seigel, attorney for Thomas Gingrich, developer, 16 Waugh Road, Royal
Oaks;
Rena Rickles, rebuttal.
The following people presented speaker cards, but did not wish to comment:
John Yandell, 1 Wingset Place, Alamo;
David Ciapponi, P.O. Box 936, Alamo.
The Board discussed the issues.
Following their discussion, Supervisor Gerber moved that staff explore Appellant's
proposal; that staff be directed to advise the Board members of the best process to use to
accomplish that task; that the Appellants ensure Mr. Gingrich has access to his lot during
that time of exploration; and if this hearing is continued,that staff advise the Board on
the status of the Conditions of Approval.
Supervisor Gioia seconded the motion.
The Board's vote was unanimous.
Mr. Marchesi inquired if the Board intended to keep the hearing open and set it for a date
and time certain, or to renotice it as a separate hearing.
Discussion continued. Supervisor Gerber amended her motion to include setting April 18,
2000, at 1:00 p.m. for the continued hearing. Supervisor Gioia accepted the amendment.
The Board voted unanimously on the amendment.
COntraY
all
Costa
TO: BOARD OF SUPERVISORS ', County
�-
FROM: DENNIS M. BARRY, AICP �'b , •'r3�
DIRECTOR OF COMMUNITY DEVELOPMENT spAc � •
DATE: April 18, 2000
SUBJECT: Fourth Rescheduled Hearing on the Ciapponi's and Yandells, Appeal of
the Zoning Administrator's (Administrative) Approval of a Request to
Modify the Location of On-Street Parking within Subdivision 7693,
County File #21995206 (Wingset Place, Alamo area) . District III.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Continue the hearing on the appeal to May 16, 2000 .
BACKGROUND/REASONS FOR RECOMMENDATION
The Board initially heard this matter on March 14, 2000 . At that
time, the Board received testimony from the respective legal
counsels for both the subdivision developer (Leo Siegel
representing Tom Gingrich) and the appellant (Rena Rickles
representing two homeowners within the subdivision, Ciapponi ' s and
Yandells) .
At that time, Ms . Rickles objected to the Zoning Administrator
decision to modify the on-street parking plan Ms . Rickles
suggested an alternative design that would be acceptable to her
client.
Mr. Siegel indicated that he would not agree to the alternative
parking design proposed by Ms . Rickles .
CONTINUED ON ATTACHMENT: K YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON April 18 , 2000 APPROVED AS RECOMMENDED _ OTHER XX
Following discussion by the Board, the hearing on this matter was CONTINUED
to May 9, 2000, at 11:15 a.m.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
XX UNANIMOUS (ABSENT - - - TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE BATE SHOWN.
Contact: Bob Drake [ (925) 335-1214]
Orig: Community Development Department ATTESTED__ April_ 18, 2000
cc: County Counsel PHIL BATCHELOR, CLERK OF
Thomas Gingrich THE BOARD OF SUPERVISORS
Leo B. Siegel AND COUNTY ADMINISTRATOR
Rena Rickles
DeBolt Civil Engineering
Public Works Dept . , Heather Ballenger
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w
Ciapponi and Yandell Appeal of
Zoning Administrator Approval of
Modification of tin-Street Parking Plan
Subdivision 7693, Alamo area
After taking testimony, the Hoard continued the hearing to this
date and requested that staff arrange for a meeting with the
involved parties to see if there was a solution that would be
acceptable to the involved parties .
Site__Meetina
On March 23 , 2000, staff held a meeting at the site to review
possible solutions to the on-street parking issue. The meeting was
attended by the subdivision developer, Tom Gingrich, his attorney
(Leo Siegel) , the attorney for the appellants (Rena Rickles) , Karen
McPherson of Supervisor Gerber' s Office, and staff of the Public
Works and Community Development Departments . At the meeting, none
of the design alternatives that had been previously advanced were
acceptable to both of the interested parties .
However, the participants identified another design alternative,
that was thought might workable, subject to obtaining concurrence
from Mr. Ciapponi and Community Development Department staff .
Response from A=ellants
Shortly prior to the deadline for this staff report, staff received
a message from Ms. Rickles indicating that the design alternative
discussed in the field was not acceptable to her client. However,
she indicated that she would be forwarding an alternative design
that she believed would be acceptable to all parties .
At the time of preparation of this staff report, staff has not
received the alternative parking layout design from the appellants.
Pro-posed Continuance
More time is needed to try to resolve this matter among the
interested parties including consideration of the new design which
the appellant will be submitting. Once it is received, it will be
forwarded to the interested parties for review. It appears that
there will be a need for at least one more meeting with the
interested parties before the matter might be resolved.
Accordingly, the hearing should be continued to allow for this
additional review.
New Letter from Appellant Reauesting Notice and Hearing on Future
Lot Line Adjustment Proposals
The subdivision developer has applied to the Community Development
Department to adjust the property line between Lots 6 and 8 . That
application has not yet been decided by staff. He has also talked
prospectively about filing a second lot line adjustment
application.
In a letter dated April 4, 2000, the legal counsel for the
appellant, is demanding that the County provide notice and an
opportunity to be heard prior to any lot line changes within the
Subdivision.
'Compressing the four parking spaces in a manner that still
allows access to the driveway now serving Lot 6 .
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Ciapponi and Yandell Appeal of
Zoning Administrator Approval of
Modification of On-Street Parking Plan
Subdivision 7693, Alamo area
Attached is a letter dated April 13 , 2000 from the Community
Development Department to Ms . Rickles advising her that the
Department is unable to accommodate her request .
Att . 4/2/2000 letter from Rena Rickles to CDD
4/13/99 letter from CDD to Rena Rickles
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Ciapponi and Yandell Appeal of
Zoning Administrator Approval of
Modification of On-Street Parking plan
Subdivision 7693, Alamo area
Attached is a letter dated April 13 , 2000 from the Community
Development Department to Ms . Rickles advising her that the
Department is unable to accommodate her request.
Att . 4/4/2000 letter from Rena Rickles to CDD
4/13/2000 letter from CDD to Rena Rickles
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