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HomeMy WebLinkAboutMINUTES - 06272000 - C119-C121 1111 III 111 1111 II II 1111 ILII I I Illl III I IIN I III IN II WHEN RECORDED, RE'T'URN CONTRA COSTA Co Recorder Office TO CLERK, BOARD OF STEPHEN L. WEIR, Clerk-Recorder Vr�r�R 5 DOC— 2000-0137618-00 `UPEE* S-, T, JUN 29, 2000 11:30:14 FRE $,0.00 File; 000-990310.1.1 Tt 1 Pd $0.09 Nbr-0000030077 lra/R9/1-2 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Contract wig and NOTICE OF COMPLETION Swank Construction, Inc. ((C.O. §3086, 3093 Budget Line Item No. 4403-4416 RESOLUTION N . 200013.28 The Board of Supervisors RESOLVES THAT: The County of Contra Costa on Au st 17, 1999, contracted with Swank Construction, Inc. for Security Improvements at A. F'. Bray Courts Building, 1020 Ward Street, Martinez, California, Budget Line Item No. 4403-4416, Authorization No. 0928-WH416B, with Fideliand Deposit Company of Maryland as surety, for work to be performed on the grounys of the County; and The Director of General Services reports that said work has been inspected and complies with the approved plans and specifications, and recommends its acceptance as complete as of June 27, 2000; Therefore, said work is accepted as recommended above, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. . Time extension to the date of acceptance is granted as the work was delayed due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor. PASSED BY THE BOARD on June 27, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UjIxEMA, DE;SAULNIER, CANCL*1ILLA AND GERBER NOES: NONE ABSENT: NONE x.rI 999r0009903r9Ao031 89b.doc RESOT tJTION NO. : 2(}00/328 Page 1 of 2 CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of per ury that the foregoing is true and correct. Dated: JUNE 27 2000 Phil Batchelor, Clerk of the at Martinez, California. Board of Supervisors and County Administrator By Originator: General Services Department .. Architectural Division cc: General Services Department Architectural Division Accounting Pile 000-9903IA.5 County Administrator's Office (Via A.D.) Auditor-Controller {Via A.D.} Contractor (Via A.D.) Surety (Via A.D.) Consulting Engineer (Via A.D.) County Recorder Superior Court (Via A.D.) DII.tb H:\1999\0409903\9A003 189b.doc Page 2 of 2 . Contra Costa ��s TO: BOARD OF SUPERVISORS County FROM: DENNIS M. BARRY, AICD' 'o"" DIRECTOR OF COMMUNITY DEVELOPMENT DATE: June 27 , 2000 SUBJECT: Correction to Record on August 17, 1999 Board of Supervisors Approval of Development Plan for Proposed Residence on Small Lot at #6459 Kensington Avenue, East Richmond Heights area. (Herberth Barragan - Applicant & Owner) (District I) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION EECQM SNDA IG2NS Adopt a Motion to: A. Determine that the Conditions of Approval which were attached to the Final Board Carder dated August 17 , 1999 do not accurately reflect the Board action of that date. d . Contra ' Costa TO: BOARD OF SUPERVISORS cit County FROM: DENNIS M. BARRY, AICP s / DIRECTOR. OF COMMUNITY DEVELOPMENT DATE: June 27, 2000 SUBJECT: Correction to Record on August 17, 1999 Board of Supervisors Approval of Development Plan for Proposed Residence on Small Lot at #6459 Kensington Avenue, East Richmond Heights area. (Herberth Sarragan - Applicant & Owner) (District Y) SPECIFIC REQUEST S) OR RECOMMZXMTION(S) & BACRG}ROUND AND JUSTIFICATION RECOMMENDATIONS Adopt a Motion to: A. Determine that the Conditions of Approval which were attached to the Final Board Order dated August 17, 1999 do not accurately reflect the Board action of that date. B. Adopt the modified conditions as the correct conditions of approval for this project, and Direct staff to prepare a revised Board Order substituting the correct conditions of approval. FISCAL I PACT None. sACKQROUN pri or Board I earinas Last year, the Board of Supervisors heard appeals filed on two related small lot review single family residential projects in the East Richmond Heights area. Residents on adjoining properties had appealed the County Planning Commission approval to the Board. After taking testimony, the Board voted to sustain the approvals of both projects, but modified the conditions of approval to provide for a more compatible design. CONTINUED ON ATTACK: x YES SIGNATURE RECOMENDATION OF COUNTY ADMINISTRATOR _ RECOMMMATION OF BOARD CONMITTffiE APPROVE OTHER SIGiNATURR(S): ACTION OF BOARD ON Jung 27, 2040 APPROVED AS RECONMBNDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A _[ UNANIMOUS (ABSENT - - -- TRUE AND CORRECT COPY OF AN AYES: NOES: _— ACTION TAKEN AND ENTERED ON THE ASSENT: ABSTAIN: xIMITRS OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drape [(995) 335-12143 Orig: Community Development Department ATTESTED Jung 2?,-X000 cc: Herberth Barragan PHIL BATCHELOR, CLERIC or Ed Shaffer, Norris & Norris THE BOARD of SUPERVISoRS Mariano Douale & Lisa Roberts, et al A AND DMT7C AIBdINISTRATOR County Counsel , DEPUTY' ce\wpdoc\953004--d.bo ' RD\ t"i �: /A0 The The Board approved the first project (File #DP983005, #1540 Laurel Avenue) on July 27, 1999. The Board approved the second project (File #DP983004, #5459 Kensington Avenue) on August 17, 1999 . Prior to acting on the latter project, the Board received a letter from the legal counsel for the Applicant (Ed Shaffer of Norris & Norris) dated August 17, 1999 listing a number of changes which the Applicant was agreeable to incorporating into a modified project. Also at the hearing were the appellants (Coppla, Dovale) who voiced no opposition to the proposed modifications . Following the Board hearing, staff advised the Clerk of the Board on modified conditions to attach to Development Permit #DP983004, and a final Board Order was issued with those conditions of approval attached. `Tc7enti fi r.ati on of Errors in the Record of the Board Decision on Qn File #DP983004 Subsequent to the Board hearing, in a letter dated November 16, 1999, the legal counsel for the applicant noted several errors in the final Board Order on Development Permit #DP983004, and asked that the record be corrected. The letter notes that the conditions attached to the Board Order failed to include such requirements as: i the elimination of a chimney; • an additional structure setback adjacent to the Douale/Roberts residence; • change in the roof design; and 0 reduction in the gross floor area of the residence. Staff confirmed that the conditions of approval had not reflected all of the changes which the Board had directed be made to the conditions of approval . Based on that determination, staff prepared a proposed modified set of conditions of approval, reviewed them with the applicant, and obtained their concurrence as to their content. Those modified conditions of approval are attached. To correct the record on this matter, staff recommends that the Board adopt a motion directing staff to implement the recommended actions . 1 Contra ' y Costa n' .rrA�6f1R TO: BOARD OF SUPERVISORS ° Count} 99 OCT wO AN 1O: 44 FROM: DENNIS M. BARRY, AICD DIRECTOR. OF COMMUNITY DEVELOPMENT DATE; August 17, 1999 SUBJECT- Continued Hearing on An Appeal 'Filed by Helen & Cecil Coppla, Mariano Dousle and Liza Roberts, et al, of County Planning Commission Approval of a Development Plan Application (File #DP983004) for Single Family Residence on a Substandard Lot in the East Richmond Heights area (Heberth Barragan - Applicant & Owner) SPECIFIC REQT7EST(S) OR RECOMMENDATION(S) & BACECGRomm AND JUSTIFICATION xtECOMMEMATIOO Adopt a motion approving Option A actions listed in the may 25, 1999 staff report to the Board declaring intent to deny the appeals, and continue the matter to allow for preparation of findings, except that the action is limited to File #DP983004, PSr('';j' IMPAC None. BACK GRA This matter concerns a continued hearing on an appeal of 'a County Planning Commission decision to approve a development plan application (County File #DP983004) to allow construction of a two- story residence on a vacant parcel fronting on the east side of Kensington Avenue in the East Richmond Heights area. CONTINUED ON ATTACHMENT. _X— YES SIGNATURE RECOIUNDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON August 17, 1999-- -- APPROVED AS RECOMMENDED OTHER XX SEE THE ATTACHED ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A M UNANIMOUS (ABSENT - " " - - _ TRUE AND CORRECT COPY OF AN AYES: NOES. ACTION TAXElN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drake H925) 335-12141 Orige Community Development Department ATTESTED Auguit 17, 7444 CC: Heberth Barragan PHIL BATCHELOR, CLERK OF Edward Shaffer TEE: BOARD OF SUPERVISORS Mariano Douale & Lisa Roberts, et al AND COTNTY ADMINISTRATOR County Counsel BY DEPUTY c:\wpdoc\983004-c.bo RD\ Continued August 17, 1999 Hearing ap Appea2 of Fite #DP983004 9arragan (App21castt to OWMOr) .Bast Ricbmond Heights area This matter was initially heard by the Board on May 25, 1999. At that time, the appeal was also being jointly considered with a similar appeal of a Commission approval for development of a two- story residence, proposed by the same applicant on an adjoining lot, but fronting on Laurel Avenue, County File #DP983005. After taking testimony, Supervisor Gioia expressed concern about the compatibility of the proposed residences relative to the existing neighborhood, and suggested that the applicant reduce the volume and mass of the proposed residences, and work with the neighbors. The Hoard then continued the hearing to July 27, 1999. prayi oUs I;Qard DP .w^il nQTL tsn RPS meted Anneal At the last Board hearing on ,July 27, 1999, staff reported that the applicant and appellant were able to resolve design issues for the proposed residence on Laurel Avenue (File #DP983005) , and the Board approved that project with revised conditions. Staff also reported that the interested parties were still reviewing design issues for the property on Kensington Avenue (File #DP983004) . At their request, the Board continued this matter to this date to allow additional time for the parties to try and resolve this matter. Subsequent to the July 27 hearing, staff has not received any new information about the project. T BION In the absence of any evidence of a resolution of design issues by the interested project for this site, staff continues to recommend that the Commission decision authorizing approval of a two-story residence be sustained and that the appeal be denied. -2- ADDENDUM TO T'E`EM D.7 August 17, 1999 Agenda On July 27, 1999,the Board of Supervisors continued to this date the hearing on the appeal of Helen and Cecil Coppla,et al,from the decision of the Contra Costa County Planning Commission on the application ofHeberth Barragan(Applicant and Owner),for a small lot review for a two-story single fancily residence.(#DP 98-3004)East Richmond Heights/Kensington area. The appeal on#DP 98-3005 was previously denied,and a modified approval was granted on that application on July 27,1999(See Board Order D.5 on that date). Supervisor Gioia advised the Board that an agreement had been reached on#DP 98-3004 to dismiss the appeal and approve as modified the Conditions of Approval for the project at 6459 Kensington Avenue.A letter dated August 17, 1999,from Ed Shaffer, attorney for the applicant,identifies eight changes to the plans previously approved by the Planning Commission.Supervisor Gioia moved that the Board deny the appeal,and approve the project with the modified Conditions of Approval. Supervisor Uilkema seconded the motion. Supervisor Canciamilla inquired if Dennis Barry,Community Development Department Director had the opportunity to review the agreement. Dennis Barry responded he had,and requested concurrence from the Board that the modified Conditions discussed today,are in addition to the Conditions previously imposed by the Planning Commission. Supervisor Gioia stated they were additiQnal Conditions of Approval. Supervisor Canciamilla opened the public hearing,and M.Dovale and Cecil Coppla informed the Board they waived their rights to speak. The public hearing was closed,and the Board took the following action: IT IS BY THE BOARD ORDERED that the public hearing is CLOSED;the appeals of Helen and Cecil Coppla,et al,from the decision of the Contra Costa County Planning Commission on#DP 98-3004 are DENIED;the decision of the Contra Costa County Planning Commission,with the amended Conditions of Approval is SUSTAINED. EINDINQ5 ITIONSP T 3004-98 AUG-USTJI,L912-BOARD OF SURE&US ES APPROVAL CD DITI+CIRT_ _QF APPROVAL 1. The proposed front elevation shall be similar to that shown on submitted plans received April 1, 1998 by the Community Development Department. Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. The architectural details of the front elevation for DP983003, DP983004 and DP983005 shall vary in terms of size, shape, placement of windows, floors, and trim. An effort shall be made to vary textures, building materials and colors to achieve a custom appearance of the front elevation. 2. The County Building Inspection Department requirements for a licensed land survey and their building code regulations must be satisfied. 3. The roof gutter shall be collected in a closed conduit and conveyed to storm drainage facilities in the Laurel Avenue right-of-way. 4. This application is subject to an initial application fee of$306.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 120% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. 5. The upper rearyard deck shall be limited to a maximum depth of 3-feet. 6. Construction Ecriod Re,striction, -All construction activities shall be limited to the hours of 7:00 a.m. - 5.00 p.m., Monday through Friday, and shall be prohibited on state and federal holidays. 7. Reyiscd Developmcni Plans - Prior to issuance of a building permit, the applicant shall submit revised development plans to the Community Development Department for review and approval of the .Zoning Administrator. The plans shall consist of site plan, floor plan, building elevations. The revised plans shall provide for a single car garage with automated sectional garage door. The width of the garage shall be at least 12- 2 feet, but not exceed 16-feet. 8. Wood Facade - Prior to issuance of a building permit, the applicant shall provide that one of the residences fronting on Kensington Avenue (either 46453 or 46459 Kensington Avenue) will provide for a facade with wood siding. 9. ModiLed hof Dcsi= - Prior to issuance of a building permit, the applicant shall submit site plans for the review and approval of the Zoning Administrator to: A. Pivot the roof from its current orientation running parallel to the street, so that the roof peak parallels the two side property lines. B. Move the entire house back four feet into the lot (reducing the rear setback from 19 feet to the minimum I5-feet required rearyard setback). C. Eliminate the chimney. D. Modify the front entry way by eliminating the exterior stairs and adjusting architectural features (windows, columns) to soften the appearance of front and left elevations as generally shown on the revised site plan dated July 16, 1999 (except for the additional 4-foot setback). Al2VISCOTE. PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE PROVIDED FOR. THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE NET IN ORDER.TO PROCEED WITH DEVELOPMENT. A. Additional requirements may be imposed by the Fire District, the Health Department and the Building Inspection Department. It is advisable to check with these departments prior to requesting a building permit or proceeding with the project. B. The Building Inspection Department will require two sets of building plans which must be stamped by the Community Development Department and by the Sanitary 3 District or, if the site is not within a Sanitary District, by the County Health Department. C. The project is subject to payment of park dedication fees at the time that building permits are issued. DM/aa DPFvl/3004-98.DM 8/17/98 10/5/98b 1/1/99 - (revised) rd 1/12/99 - CPC (a) 3/15/99 3/23/99 - CPC (a) c:\wpdoc13004-98c.dm 8/23/99 - BUS (rd) ', v - - ,19 1V'( RRIS RICHARD E. NORRIS REPLY X 1850 MT. 01ABL0 BLVD., SUITE 530 DOUGLAS C. STRAUS � WALNUT CREEK. CALIFORNIA 94596 CY EPSTEIN TELEPHONE: (925) 934-at$I CCLIN J. COFFEY FAX: (9225) 93.4_3665 SHARONEDWARD M.SHAFFEREN EDWARD L. I-IAP MICHAEL 9, PETERSON 32260 BLUME DRIVE. SUITE 400 ��y PAULA RAGA RICHMOND,CALIFORNIA 94608 1V11p M. MICHAEL AA N SWEET TELEPHONE: (510) 222-2100 FAX. (510) 2.22-5992 August �7, ���� VIA FACSIMILE AND AND D.ELIV—E .. Mr. John Gioia, County Supervisor County of Contra Costa Fie: Appeal of DP 98-3004 (Barragan House) Proposed Design Changes Honorable Supervisor Gioia: On July 27th the Board of Supervisors held a continued hearing-on the proposal by Herberth Barragan to build two houses in East Richmond Heights. The Planning Commission's decision to approve both small-lot infill permits was appealed. The Board approved one of the houses, but continued the hearing on the second house (DP98-3004) to August 17`x. You directed the applicant to consider ways to achieve three goals: (1)reduce the apparent volume and mass of the house as viewed from Kensington Avenue; (2) foster an interesting and varied streetscape along the block face; and (3) soften the house's effect on its neighbors. Design Changes for 6459 Kensington Avenue This house has been designed with substantial detailing. The plan as approved by the Planning Commission reduced the garage width to only one car, leaving more of the fagade available for architectural relief. Mr. Barragan believes that its design will provide an outstanding addition to the quality of the neighborhood. Please note that the structure already is set back substantially (20 feet to the garage and 43 feet to the main body of the house). In response to your suggestions,Mr. Barragan now agrees to the following additional design changes from the plan approved by the Planning Commission(see also attached memo from architect Alan English and new rendering of front and right side elevations): 1. Eliminate one bedroom, leaving only three bedrooms in the house. 2. Push back the second floor front facade on the right side approximately six feet past the first floor living roam, and add another roof segment. This creates a total of six different wall planes facing Kensington Avenue at varying depths, and allows for a multitude of roof lines to provide depth and detailing. 3. Reduce the total area of the house to 1,900 square feet from its size of approximately 2,000 square feet as originally proposed. 8017+002/156007-1 Mr. John Gioia August 17, 1999 Page 2 4. Reverse the footprint of the house, placing the recessed entry and front yard next to the neighbors at 1540 Laurel Avenue and the garage on the opposite side. This change will add another 8-14 feet of open-space next to the neighbors and increase light and view clearances for their side windows. ('The one-car garage of this house and the garage at 6453 Kensington still will be 28 feet apart.) 5. Move the entire house back an extra five feet. This will provide three benefits: a. The neighbors at 1540 Laurel Avenue will have more light and better views from their living room side window,plus more privacy by increasing separation from the new house. b. It will create a staggered streetscape along the three houses at 6453 and 6459 Kensington and 1540 Laurel, increasing the variety of the block. C. It reduces the apparent size of the house (especially since the lot slopes down slightly away from the street). 6. Give the house a different looking hipped roof, compared with the gable roof on the new house next door at 6453 Kensington Avenue 7. Flatten the peak by using a hipped roof, reducing the height of the house by more than one foot. 8. Eliminate the chimney, removing a feature visible to the neighbors. Thank you for your assistance facilitating discussions with neighbors and negotiating compromise designs for Mr. Barragan's houses. We trust you will find the current plan for 6459 Kensington Avenue acceptable for approval today. I will be available at the 1:00 p.m. Board hearing today to answer any questions. Very truly yours, NORRIS &NORRIS, .C. By Edward L. Shaffer ELS:gcc encl. cc: Herberth Barragan, applicant Alan English, architect a engiish aia a rchizecz Me o y . .*y ------------------------------------------------------------ da'��i ��� �~fir/5+✓ 4rriJw Ed project;:: Kensington from: Al English AIA 925 e20-2242 mailed { } Hand Delivered { C } Comments It is not easy to create elot of variations to a house, walla and roof linea when it site on a small lot. Depending on who you talk too its a very subjective matter on whet is a box or how you deel with it. I have introduced another roof level over the living room which also creates another well plane. from the front we will have six (5) well planes, 1 . front of the garage, a. front of the entry roof, S. front of the master bedroom, 4. bey projection (minor but visible), 5. front of the living room, S. front of the front bedroom over the living room. All these well planes creatas roof variations as well. I would bet you there is no other house in this whale neighborhood that has that many well planes and in addition set beck as far as this house does. page t�.rvo Also, the house to the left is going to be stucco C this house to be woad) and it has a gable roof, not hipped as this one so they are ncm identical. I am avoiding putting in windows on the second floor sides to protect the privacy of the adjoining neighbors. This`'dres add to Mhe boxy appearance but its only visible to the one neighbor and no different then many homes in the area. I trust that this modification is acceptable. If there is still concern I will need to identify what the concern is so I can address it specifically. At this paint this house is far superior then SS percent of the houses in a mile radius. { x -+ i XN i �-4# a 1 r s"r +inn* 4 �����` ill► ���; �1�� 0 FAx TRANSMISSION CONTRA COSTA CO.COMMUNITY DEVELOPMENT DEPARTMENT 65 1 PINE STREET MARTINEZ, CA 94553 (925) 335-1214 FAX: (925) 335-1222 To: Ed Shaffer Date: May 3, 2000 Fax#: (925) 934-44!.&l—5( "5' Pages: 11, including this cover sheet. From. Robert H. Drake Subject: Draft Corrections to the Conditions of Approval & Comments on Proposed Plans for Proposed Residence at 6453 Kensington Ave., E. Richmond Heights Barrigan County File#DP983004 cc. Felly Barragan, Barragan Builders [FAX: (510)96.5-0532] COMMENTS: Ed, Thank you for your letter of November 16, 1999 noting the need for modification of the permit which was prepared. I found it very helpful, If you concur with these changes, then I am prepared to ask the Clerk of the Board to issue a corrected Board Order based on these conditions. Attached is a draft correction (marked text and clean versions) of the conditions of approval which we would like you to review. You will note that it tracks reasonably closely with the suggestions you offered. Comments on Revised Site Plans The Barragans have also provided us with a set of plans to review. The plans are generally consistent with the Board's August 17, 1999 decision. Still,I have several concerns: A. Chimnev has been Redesigned/Relocated hot Eliminated- A chimney has been relocated to the west side of the residence, rather than eliminated as had been proposed and approved. The chimney would either have to be removed, or you would need to apply for an amendment to the development plan. B. oreirtdows Facing-Neighbors -The right side building elevation next to the adjoining resident at#1540 Laurel Avenue contains a total of three windows, two more windows (including one on the second floor), than the design which you had presented to the Board of Supervisors as the design that was accepted by all parties. That design was also the one approved by the Beard of Supervisors. The 8/15199 comments of the Barragans architect indicated that the removal of windows from this side of the residence was done to assure protect the privacy of the neighbors. C. Floor Plan May Allow One Room to be Easily Converted to a Fourth Bedroom -The second floor contains three rooms that are labelled as bedrooms and a fourth room that is labelled as a "Sitting/Office." Notwithstanding its label, the room appears to be designed such that it might be converted without too much trouble into a fourth bedroom. Your proposal, and the Board approval, specified that there was to be no more than three bedrooms. We would like to explore with the Barragans hove the plans might be adjusted such that the physical design of the floor plan would discourage such a conversion. D. Automatic Sectional rag, oor-l did not find provision for an automatic sectional garage door opener as required. E. Identification of Total Floor Area on Revised .Site Plans -The proposal to and approval by the Board on 8-17-99 indicated that the revised site plan would be reduced to approximately 1,900 square feet in total floor area. The proposed floor area should be shown on a revised set of plans. T arra separately faxing a copy of this document to the Barragans. Thank you again for your assistance. Bob 2 NORRIRICHARD E. NORRIS REPLY T0. ISO MT. DlAB LO 6LVD., SUITE 530 S {gyp G AS C. STRA S CY EPSTEIN i°>/°��.. WALNUT CREEK. CALIFORNIA 94596 COLIN J. COFFEYA. SHARON M. IVERSEN EDWARD L. SNAPPER ,•ld::�.�� TELEPHONE: (925) 934-8181934-8181'°I"-••! FAX: (925) 934-3665 DANIEL D. PURNELL ZMICHAEL 9. CETEISC)N32E-,O SLUMS DFRI1'E.SUITE 4C3C>P A L. E3,4CA ''((����/('��7p�]�'7p NOLL M. CAUC�HMAN 17 H C RICHMOND,CALIFORNIA 948OG LV`,..111RI MICHAEL A. SWEET t t �' +�iJ TELEPHONE: (510) 222-2100) FAX: (510) 2222-5992. 9 November 16, 1999 h at Mr. Dennis Barry Director of Community Development ment Contra Costa County ( 651 Pine Street d P, 4th Floor, North Wing Martinez, CA 94553-0095 ' , Re. County File No. DP983004 (Barragan) "" v Corrections to Conditions Dear Dennis: On August 17, 1999 the Board of Supervisors denied an appeal and upheld Planning Commission approval of DP983004 for one house at 6459 Kensington Avenue in East Richmond Heights, subject to additional conditions negotiated by the applicant and the neighbors (with the assistance of Supervisor Gioia). You may recall that on July 27`h the Board approved DP983005, a companion application for a house at 1530 Laurel Avenue, also with additional negotiated conditions. (A third application, DP983003 for a house at 6453 Kensington Avenue, was approved by the Planning Commission and not appealed.) On October 6th we received from the County two sets of Board Actions with Conditions of Approval for DP983004 and DP983005. Enclosed for your convenience is the entire Board Action packet for DP983004 (the Kensington house), including the Conditions of Approval as drafted by the County, my August 17, 1999 letter to the Board listing the negotiated conditions (which were accepted by the Board in their entirety as part of the final approval), and a memo dated August 15, 1999 with renderings dated August 16, 1999 prepared by architect Al English describing the revised house design (also incorporated into the final approval). Unfortunately, the conditions prepared for DP983004 (the Kensington house) mistakenly copied some conditions from DP983005 (the Laurel house) and omitted some of the newly negotiated conditions. Following are the several inaccuracies and omissions I have identified, together with my suggested corrections. 801740021168074-1 Mr. Dennis Barry Director of Community Development November 16, 1999 Page 2 Conditions 2,4, 6 and 8 are accurate as is. Condition I should call for the front elevation to be similar to that shown on the illustration by Al English dated August 15, 1999,not the April 1, 1998 original submission. Condition 3 should call for channeling roof gutter drainage to Kensington Avenue rather than Laurel Avenue. Condition 5 should be deleted. The restriction on upper level rear decks applied only to the Laurel Avenue house, not either Kensington house. Condition 9A should be deleted, because it applied only to the Laurel house. Condition 9B should be replaced(see below) to accurately reflect the actual new condition regarding additional setback. Condition 9D should be replaced(see below)to accurately reflect the actual new conditions regarding exterior appearances. S suggest deleting Condition 9 in its entirety and modifying Condition 7 to reflect all the additional negotiated conditions. This would be similar to the format of your conditions for the Laurel house). Following is my recommended new Condition 7: 7. Revised Development Plans— Prior to issuance of a building permit, the applicant shall submit revised development plans to the Community Development Department for the review and anprovsl of the Zoning Administrator. The plans shall consist of site plan, floor plan and building elevations. The revised plans shall provide the following: A. A single car garage with automated sectional garage door. The width of the garage shall be at least 12 feet but not exceed 16 feet. B. Eliminate one bedroom, leaving only three bedrooms. C. Push back the second floor front facade on the right side approximately six feet past the first floor living room and add another roof segment(as described in the attached English 8-15-99 memo & design). Mr. Dennis Barry Director of Community Development November 16, 1999 Page 3 D. .Reduce the total area of the house to approximately 1,900 square feet. E. {orient the footprint of the house to place the recessed entry and front yard next to the house at 1540 Laurel Avenue and the garage next to the applicant's other house at 6453 Kensington Avenue. F. Move the house back an extra 5 feet (for a total front setback of 25 feet). G. Change the roof to hipped rather than gable. H. Eliminate the chimney. Please have these conditions revised and distributed to the interested parties who received the original set. I would be glad to review the draft revised conditions before they are sent out. Thank you for your attention to this matter. Very truly yours, aNORRIS &NO S.P.C. By Edward L. Shaffer ��, ELS.gcc encl. cc: Robert brake, Senior Planner Mr. Sr Mrs. Barragan Michael Hughey FINDINQS ALD CQhMITIONS OF ARPROVALFOR DE—VELQPMEha 3QQ4-UPE AUGIISI 17, 1999 RVI 0 V COMITIONS OF AP ROVAh 1. Development shall be based on the development plans submitted with the application as modified The proposed fiont ele that shown Mh z&tedby the revised plans reeeiv�:MWAROW -dap= ttached to the 8-15-99'memo from Al English. Prior to the issuance of a buildMi.""rmit, el a ' ' architec design of the building shall be subject the final,,,,',, 'ew, val e County Zoning Administrator. The arcectura, -retails of anon for DP983003, DP983004 and DP983 y vary in terms , shape, placement of windows, doors, and .Fort shall be made to vary textures,building materials and colon a stow appearance of the front elevation. 2. The County wilding Inspect' `t ° requir nts for a licensed land survey and their building e re t satisfied. �. 3. The roof gutter shcollet in a cl conduit and conveyed to storm drainage facilitie sawn tri Avenue right-of-way. 4. This applic subjec application fee of$306.00 which was 'd wi licatid al, plus time and material costs if the ratio eases exceed 12010 of the initial fee. Any additional fee t be p 0 days of the permit effective date or prior to use of whiC curs first. The fees include costs through permit live ng days for file preparation. You may obtain current costs b the project planner. If you owe additional fees, a bill will be sent t ly after permit issuance. 5. tin Imo Restrictions - All construction activities shall be limited t,E `� hours of 7;00 a.m. - 5;00 p.m., Monday through. Friday, and shall be "bited on state and federal holidays. 6. Revised Development Plans - Prior to issuance of a building permit, the applicant shall submit revised development plans to the Community Development Department for review and approval of the Zoning Administrator. The plans shall consist of site plan, floor plan, building elevations. The revised plans shall provide for.-athe following: c� 2 A. A single car garage with automated sectional garage door. The width of the garage shall be at least 12-feet, but not exceed 16-feet. B. Elimination of one bedroom, leaving only three bedrooms. AiP C. Recede the second floor front facade on the right side approximatly six feet past the first floor living room and acid another roof segment (as described in the attached 8-15-99 Al English memo and design). D. Reduce the total floor area of the house to approximately 1,900 square u feet. E. Orient the footprint of the house to places`the recessed entry and front yard next to.the house at 1540 Laurel Avenue and th 'garage text to me applicant's other house at 6453 Kensington Avenue, �;r F. Eliminate the chimney. Aro G. Provide a. ZS�foct front setback fico the: tl Ague hVI - „.y .. right-cif wa 8. Wood Fac or tobuilding permit, the applicant shall rovide of the fronting on Kensington Avenue {either 53 o singto venue} will provide for a facade with wood :appe==ce of front7mid left elevations as genmafly shown on t e y ieed site pl= dftd R*v 16. 1999 f except for tim additional ±±2t ADVISORY NQIE i PLEASE NOTE ADVISORY NOTES ARE ATTA UTED Tt "':ION APPROVAL BUT ARE NOT A PART OF T CON "'TONS ADVISORY NOTES ARE PROVIDED FOR � SE OF INF THE APPLICANT OF ADDI'T'IONAL ORDINANCE RES THAT MUST BE Nom'' IN ORDER TO PROCEED WITH DEVELOPME A. Additional requirements may be impose Fire D Health Department and the Building Inspection Dep advis to check with these departments prier to requesting ro ding with the project. B. The Building Inspection D ent requ' sets of building plans which must be stamped by the uni evelop t Department and by the Sanitary District or, if the site of w' a S District, by the County Health Department. C. t is s ymen park dedication fees at the time that building pe ued. DM/aa 98.DM 811 1 8b - (revised) r - CPC 3 (a) c:�srpdock =496-1\wpdoc130C14-98d.dm &231995-3-00- BQS (rd) el C/ , 7 FInINGS AND CONDITIONSE APPR VA FOR D VE ENT 044-98 PER A 73 1999 BOARD OF SUPERVISOR P R VA CONDITIONS OF APPROVAL 1. Development shall be based on the development plans submitted with the application as modified by the revised plans attached to the 8-15-99 memo from Al English. Prior to the issuance of a building permit, elevations and architectural design of the building shall be subject to the final review and approval by the County Zoning Administrator. The architectural details of the front elevation for DP983003, DP983004 and DP983005 shall vary in terms of size, shape, placement of windows, doors, and trim.. An effort shall be made to vary textures, building materials and colors to achieve a custom appearance of the front elevation. 2. The County Building Inspection Department requirements for a licensed land survey and their building code regulations must be satisfied. 3. The roof gutter shall be collected in a closed conduit and conveyed to storm drainage facilities in the Kensington Avenue right-of-way. 4. This application is subject to an initial application fee of$306.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 120% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit whichever occurs first. The fees include costs through permit issuance plus five working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. 5. C ation Period Rgstrictions - All construction activities shall be limited to the hours of 7:00 a.m. - 5:00 p.m., Monday through Friday, and shall be prohibited on state and federal holidays. 6. Revised Development Flans - Prior to issuance of a building permit, the applicant shall submit revised development plans to the Community Development Department for review and approval of the Zoning Administrator. The plans shall consist of site plan, floor plan, building elevations. The revised plans shall provide the following: A. A single car garage with automated sectional garage door. The width of the garage shall be at least 12-feet, but not exceed 16-feet. ? ' B. Elimination of one bedroom, leaving only three bedrooms. C. Recede the second floor front facade on the right side approximatly six feet past the first flour living room and add another roof segment (as described in the attached 8-15-99 Al English memo and design). D. Reduce the total floor area of the house to approximately 1,900 square feet. E. Orient the footprint of the house to place the recessed entry and front yard next to the house at 1540 Laurel Avenue and the garage next to the applicant's other house at 6453 Kensington Avenue. F. Eliminate the chimney. G. Provide a minimum 25-foot front setback from the Laurel Avenue right-of-way. 8. Wood Facade - Prior to issuance of a building permit, the applicant shall provide that one of the residences fronting on Kensington Avenue (either #5453 or #6459 Kensington Avenue) will provide for a facade with wood siding. ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Additional requirements may be imposed by the Fire District, the Health Department and the Building Inspection Department. It is advisable to check with these departments prior to requesting a building permit or proceeding with the project. B. The Building Inspection Department will require two sets of building plans which must be stamped by the Community Development Department and by the Sanitary District or, if the site is not within a Sanitary District, by the County Health - 7 3 Department. C. The project is subject to payment of park dedication fees at the time that building permits are issued. DMJaa /3004-98.DM 8/17/98 10/5/98b 1/1/99 - (revised) rd 1/12/99 - CPC (a) 3/15/99 3/23/99 - CPC (a) c:\wpdocl3004-98d.dm 5-3-00 Pa8 (rd) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 27, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNTER., CANCTAMTLIA AND GOER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Appropriation Limits for County, County Special Districts, and County Service Areas for 2000/2001 WHEREAS, Section 7910 of the Government Code requires that each year the governing body of each local jurisdiction shall establish an appropriations limit for each jurisdiction for the following fiscal year pursuant to Article XIII-B; and WHEREAS, according to Article X111-13 (Section 8 subd.e(2)j the change in the cost of living shall be either the percentage change in California per capita personal income from the preceding year, or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction and; WHEREAS, the percentage change due to the addition of local non-residential new construction is available for the County, County Special Districts and County Service Areas, therefore, the County Auditor-Controller has calculated the Appropriation Limits using the change factors most advantageous as permitted by Article XIII-B of the California Constitution, WHEREAS, the County Auditor-Controller has prepared the attached report and accompanying schedule, designated Exhibit A, regarding the proposed County General, County Special District, and County Service Area appropriation limits for fiscal year 200012001; THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED THAT the attached Exhibit A percentage changes over the prior year are selected and appropriation limits established for the County General, County Special Districts, and County Service Areas for the fiscal year 2000/2001. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: _ _JUNE 27, 2000 PHIL BATCHELOR, Clerk of the Board of Su ° isors and Caen Administrator Orig. Dept.: County Auditor-Controller cc: County Administrator By Deputy County Assessor County Fire Districts County Public Works County Sheriff e Exhibit A 2000-2001 County General and Special District Appropriation Limits A B C 2000-2001 1999-2000 Change 2000-2001 District Fund Limit Factor Limit County General/Library 1003 3,241,268,701 1.1059 3,584,519,056 Bethel Island Fire 2003 4,573,382 1.0961 5,012,884 East Diablo Fire 2013 5,641,404 1.1171 6,302,012 Oakley Fire Protection District 2017 1,333,960 1.0898 1,453,750 Contra Costa Fire 2020 152,679,069 1.1331 173,000,653 Crockett-Carquinez Fire 2028 27,175,687 1.0453 28,406,746 Co Service Area L-100 2401 2,363,348 1,0508 2,483,406 Co Service Area M-1 2470 212,922 1.0453 222,567 Co Service Area M-29 2475 1,789,420 1.4408 2,578,196 1) Co Service Area M-8 2478 283,491 1.0453 296,333 Co Service Area M-16 2488 31,024 1.0453 32,429 Co Service Area M-17 2489 243,217 1.0453 254,235 Co Servicc Area M-20 2492 52,423 1.0453 54,798 Co Sevice Area RD-4 2494 23,591 1,1558 27,266 Flood Control Zone 1 2521 690,941 1.1560 798,728 Flood Control Zone 7 2527 8,949,160 1.2634 11,306,369 Flood Control Drainage A-13 2552 441,801 1.0457 461,991 Flood Control Drainage A-10 2554 574,978 1.0857 624,254 Storm Drainage Z-16 2583 498,843 1.1151 556,260 Co Service Area P-5 2655 655,036 1.0453 684,709 Co Service Area R-4 2751 300,554 1,0453 314,169 2) Co Service Area R-7A 2758 526,300 1.0453 550,141 (A) (B) (C) I) Override approved 96/97 thru 99/00 has expired. Amount shown is the District's limit without a votor approved override. 2) Override approved 98/99 thru 01/02 Prop4-1 11 WorkUp98thru--.x1s ExhibitA00-01 1 of 1 6/15/00 4:24 PM