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HomeMy WebLinkAboutMINUTES - 05162000 - C110 Contra Costa TO: BOARD OF SUPERVISORS 'i, . ..d.. County r FROM: DENNIS M. BARRY, AICP DIRECTOR OF COMMUNITY DEVELOPMENT DATE: May 9, 2000 SUBJECT: A Request for a Fifth One-Year Extension of the Filing Period of the Final Development Plan, County File #DP943013 allowing for a Second Residence at #1995 Lackland Drive in the Alamo/Danville area (John & Charleen Weber - Owners) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION REQQMMF_`TT-J'ATT Taj .Approve the fifth (and final) one-year extension of the period in which to commence construction specified in the final development plan to extend to May 2, 2001 . FISCAL IMPACT None. BACKQ.RQUND/aEASONS FOR REQQMMENDATIQNS In 1982, the County approved the rezoning of a 101-acre parcel at the end of Lackland Drive to the Planned Unit (P-1) District. That approval also included the tentative approval of a subdivision application and final development plan allowing up to 21 lots on the site. However, the subdivision and final development plan application were allowed to lapse, while the P-1 rezoning remained in effect. In 1994, the current owner applied to the County for a new Final Development Plan, County File #DP943013 , to allow the development of a second residence on the property. While no primary residence on the property had been developed, a primary residence was authorized under the P-1 ordinance without the requirement for approval of a Final Development Plan. However, the P-1 ordinance only allows the establishment of a second residence with approval of a Final Development , Plan. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,,�'hPPROVE OTHER SIGNATUPtE(S) : ACTION OF N may 16R(Y'1i APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _'X 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 DATE SHOWN. Contact: Bob Drake (335-1214) Orig: Community Development Department ATTESTED May 16, 2000 cc: Gagen, McCoy, McMahon & Armstrong PHIL BATCHELOR, CLERK OF John & Charleen Weber THE BOARD OF SUPERVISORS Alamo Improvement Association AND OUNT3C ADMINISTRATOR County Counsel $ , DEPUTY On April 29, 1995, the second residence FDP application, was heard by the San Ramon Valley Regional Planning Commission. The residence was proposed to be located along one of the ridgelines of the property. One of the concerns at the time of that review was to make sure that the residence would not adversely affect the views of this site from surrounding properties. Ultimately, the project was approved by the Planning Commission. Modifications to the design of the house were provided and conditions of approval added to assure the protection of visual dualities of the site. Under the P-1 Ordinance, the period for acting on an approved Final Development Plan (FDP) extends twelve months from the approval date, but the period for commencing residential development may be extended by extension requests from the applicant. In this case, the permit allowed for an initial filing period extending to May 2, 1996 to begin the project . The Ordinance allows for up to five one-year extensions on a Final Development Plan. Prcvio s Authorized Extensions for File #DP943013 Following receipt of timely requests from the applicant, on June 3, 1996, the Board of Supervisors authorized the first three (of five possible) one-year extensions for this final development plan that extended the filing period to May 2 , 1998 . Cerr -n ermit Extension ReQuest In a letter dated March 29, 3000 (sic, received 3/30/2000 by CDD) from his legal counsel, the applicant is requesting a fifth one- year extension of the filing period for the development plan. RECENT REVIEW OF FZT122LEMENT ACT ONS ASSOCIATED WITH DEVELOPMENT OF PRIMARY RESIDENCE In 1996, the applicant obtained a grading permit and tree permit, and has graded for the primary residence. The applicant has also begun work on the required driveway improvements including turnaround near the entrance to this site. The applicant has yet to file for a building permit for the approved second residence. The applicant has also been cooperative in resolving concerns of the White Gate Homeowners Associations concerning development of this site. This is the last extension of the final development plan which is authorized under the Planned Unit District zoning (maximum 5 one- year extensions) . Should the Board grant this extension and the applicant fail to obtain a building permit from the County prior to May 2, 2001, then before a second residence can be developed on this property, the applicant would need to file for and obtain approval of a new final development plan. CONSEQUENCES OF A NEGATIVE BOARD ACTION The applicant would lose the ability to develop a second residence on this 101-acre property. C: \wpdoc\943013-d.rpt RD\ -2- LAW OFFICES OF GAGEN, MCCOY, MCMAHON & ARMSTRONG WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE GREGORY L. MCCOY 279 FRONT STREET PATRICK J. MCMAHON P, O. BOX 218 MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218 LINN K. COOMBS TELEPHONE: (925) 837-0585 STEPHEN W. THOMAS FAX: (925) 838-5985 CHARLES A. KOSS MICHAEL J. MARKOWITZ NAPA VALLEY OFFICE RICHARD C. RAINES VICTOR J. CO NTI THE OFFICES AT SO UTH BRIDGE +�('� (�f'�j� 1030 MAIN STREET, SUITE 212 BARBARA DUVAL JEWELL March 29, 3000941574 ROBERT M. FANUCCI ST. HELENA, CALIFORNIA 909 TELEPHONE: (707) 963-6909 ALLAN C. MOORS ' PATRICIA E. CURTIN FAX: (707} 9(33-5527 STEPHEN T. BUEHL PLEASE REPLY TO: AMANDA JUDGE , ALEXANDER L. SCHMID FRANCiSCA J. M. BROUWER Danville ANDREW F. GUSTAFSON By hand delivery Dennis M. Barry, AICP { 30 r _. Director of Community Development Contra Costa County 651 Pine Street, 41 Floor,North Vying Martinez, CA 94553 Re: Final Development Plan No. DP 943013 DeBolt Civil Engineering, Applicant John and Charlene Weber, Owners 1995 Lackland Drive Dear Dennis: On June 15, 1999, the Board of Supervisors followed your recommendation and approved a fourth one-year extension ofFinal Development Plan County File No.DP 943013 allowing for a second residence at the 1995 Lackland Drive property. A copy of the Board Order dated June 15, 1999 and its attachments are enclosed for your convenience. Construction of the primary residence and related improvements at 1995 Lackland Drive has been ongoing for more than two years. However given the size and complexity of the project, it will likely take at least one more construction season to complete the primary residence and its related improvements. As has been stated in previous correspondence on earlier extensions, obviously the Webers do not intend to commence construction ofthe second residence at 1995 Lackland Drive until the primary residence has been at least substantially completed. Moreover, it would seem appropriate to us that the issues surrounding the construction of water storage tanks for the second residence be resolved prior to commencement of construction of the second residence. In that regard,please see the enclosed copies of Gene DeBolt's letter to you dated June 18, 1999 and its enclosures. � � , Dennis M. Barry, AICD March 29, 2000 Page 2 Please consider this letter a request for a"fifth"one-year extension of the Final Development Plan and the time in which to commence construction of the second residence. My understanding is that five such one-year extensions are allowed under the P-1 ordinance. If your staff has any questions or requires any additional information in order for the Community Development Department to recommend to the Board of Supervisors that it approve this request, then please let me know. Enclosed is a check from the Webers in the amount of six hundred dollars made payable to Contra Costa County(Check No. 1105 dated March 15,2000). Our understanding is that six hundred dollars is the fee amount for such an extension request that must be considered by the Board of Supervisors. If our understanding is incorrect, then please let me know. Very truly yours, ark L. Armstrong MLAJked Enclosures cc. John and Charlene Weber (w/encls.) Gene DeBolt(w/encls.) F:\CLMLA\27787\Barry032900-1tr.wpd { Jut4 2 11999 4 811 San Ramon Valley Boulevard June 18. 1999 Danville, California 94526 Job No. 80112 Tel: 925/837-37803 Fax: 925/837-4378 Mr. Dennis Barry CONTRA COSTA COUNTY Community Development Dept. 851 bine Street, North 'Wing Martinez. CA 94553 Hear Dennis. Enclosed is a copy of a transmittal letter for a request for a revised Final Development Plan on the Weber property in Alamo. To our knowledge, this request has never been. processed. We are taking steps to finalize the primary,structure and begin the second residence. This revision needs to be completed. As indicated in the transmittal letter and in the letter from Mark Armstrong dated November 10, 1997 (a copy of which is enclosed), we do not feel the $1,500 late fee is appropriate. if you concur, please take steps to ii4plement the refund. it has been a while since this submission was made. If you need additional copies of any of the materials, please feel free to call us. DEBOLT CIVIL ENGMEETING Eugene F. DeBolt EF"D:sk Enclosures cc. W. John Weber w/enol. cc: W. Mark Armstrong w/enol. DeBolt Civil Engmeerm Zft1M CARRY 811 San Raman Valley Boulevard Danville, California 94526 Tel: 925/837-3780 Fax: 925/837-4378 Date: October 30, 1997 —job�No.: 80112 Ms. Louise Aiello CONTRA COSTA COUNTY Community Development Dept. 951. pine Street, North Wing Martinez, CA 94553 Weare endosing the fool wing: Twelve prints of the revised Final Development Plan for the Weber property in Alamo (DP 94-3013). Also, enclosed is a check for $4,500 and an updated list and set of envelopes for property owners within 3001 feet of the site and an updated list and set of envelopes for adjoining property owners. Sent per your request in order to process the modifications for Comments: the water tank storage. We do not feel the $1,500 late fee is appropriate since the development plan applies to the second unit, but we are paying it to keep the process moving. i DeBolt Civil Engineering Eugene F. DeBolt EFD:sk cc: Mr. John Weber cc: Mr. Mark Armstrong LAW OFFICES .OF GAG N, MCCOY, MCMAHON & ARMSTRONG WILLIAM C. GAGEN, JR, A PROFESSIONAL CORPORATION DANYILLC C?FFICC GREGORY L. MCCOY ' PATRICK J. MCMAHON L'79 FRONT 17RCCT P 0. box !16 MARK L. ARMSTRONG# CANVILLC, CALIFORNIA 048ab-mile STCLINK COOMBS THOMAS TCLC►HONE: (5101 437-0665 CHAFtL M W. THOMAS FAX: (510) e3a3-59e5 CHARLICS A. KO3ffi MICHACL J. MARKOWIT2 NAPA VALLEY OFFfCC MICHAEL W c^FureR RICHARD C. RAIN Ci November 10ovembTHC OFFICCS AT seuTHeRIDtiC ,. 1997 1030 MAIN STRCCT, UITC &M 8AASARA CONTI DUYAL JCWCL4 IS ST. MCLCNA, CALIFORNIA 04874 SA RI6ARA RObiCRT M. FANUCCI TCLCPHONC: (7071 063-01009 ALLAN C. MOORC FAX: (7071 063-65$7 PATRICIA ft. CURTIN STCPHCN T. OUCHL PLCASC RCPLY TO: ALCXAMOCR L. SCHMIO AMANDA JU00C .Manville BY FACSIMILE t ORIGINAL TO FOLLOW- BY REGr= MAIC( Louise Aiello Community Development Department County Administration Building Contra Costa County 651 Pine Street, 4 " Fl. N. Wing Martinez, CA 94553-0095 Re : John and Charlene Weber 1995 Lackland Drive Final Development Plan 3013-94 Dear Louise : r Thank you for your letter dated November 6, 1997 . Gene DeBolt is preparing the submittal documents to request an amendment to the C©nditions of Approval of the County permit under Final Development Plan 3013-94 that allows for the second residence at 1995 Lackland Drive. Be will provide the twelve copies of the development plan for the water tanks, the necessary envelopes and a check for fees in the amount of $4500 . I reviewed the County ordinance sections you provided me. If the permit to construct: the primary residence included a condition of approval limiting the on-site water supply to a 20, 000 gallon tank, I would understand why the Community Development Department must require a late filing fee to construct fivq 10, 000 gallon water tanks . 1 understand why a late filing fee may be -required by the Building Inspection Department for an amended grading permit. However, the tanks as constructed do not represent an illegal, premature land use under the current zoning. As you acknowledge, the final development only applies to the second residence. There is no zoning condition or other regulation that precludes the primary residence from having a water tank of any size or that limits the' number of tanks that will serve that residence. • All the constructed tanks will serve the primary residence. As a ministerial matter, in providing a water - supply to the primary w Louise Aiello November 10, 1997 Page 2 residence the Webers must simply meet or exceed the fire district requirements for fire safety and emergency water service. The Webers will pay the Community Development Department late filing fee at this time, but by this letter they preserve their right to object to the fee. I ask Dennis Barry and you to reconsider whether this late filing fee to amend the conditions of approval for the secondary residence, which has yet to be constructed, is required or appropriate under the particular facts and circumstances here. Thank you for your ongoing cooperation. Ve truly yours, gar L. Armstrong MLA.:tno cc : John and Charlene Weber Gene DeBolt Dennis Barry 3 F:\CLMLA\277M 1107aielta.ltr