BOARD OF SUPERVISORS

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1 BOARD OF SUPERVISORS Regular Meeting Thursday, April 1, 2004 COUNTY ADMINISTRATION BUILDING SCOTT HAGGERTY DISTRICT 1 SUPERVISORS CHAMBERS GAIL STEELE, PRESIDENT DISTRICT OAK STREET ALICE LAI-BITKER DISTRICT 3 FIFTH FLOOR, ROOM 512 NATE MILEY DISTRICT 4 OAKLAND, CALIFORNIA KEITH CARSON, VICE-PRESIDENT DISTRICT 5 JAMES E. SORENSEN COMMUNITY DEVELOPMENT DIRECTOR CHRIS M. BAZAR PLANNING DIRECTOR SUSAN S. MURANISHI COUNTY ADMINISTRATOR MISSION STATEMENT RICHARD E. WINNIE COUNTY COUNSEL LORENZO E. CHAMBLISS SR. DEPUTY COUNTY COUNSEL THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY THROUGH THE DEDICATIONEXCELLENCEAND DIVERSITY OF ITS EMPLOYEESIS COMMITTED TO SERVE THE NEEDS OF THE COMMUNITY AND TO ENHANCE THE QUALITY OF LIFE. The Board of Supervisors welcomes you to its meetings and your interest is appreciated. If you wish to speak on a matter on the agenda, please fill out a speaker slip at the front of the Chambers. When addressing the Board, please give your name for the record prior to your presentation. If you wish to speak on a matter not on the agenda, please wait until the President calls for public input at the end of the Regular Calendar. NOTE: Only matters within the Board of Supervisors jurisdiction may be addressed. Time limitations shall be at the discretion of the President or Board. Pursuant to Board Policy: (1) Applause, signs or demonstrations are prohibited during Board meetings; (2) Any Board Member may request a two-week continuance on any item appearing for the first time; (3) All agenda items shall be received by the County Administrator prior to 3 p.m. on Tuesday two weeks before the meeting date and 12 noon, one day earlier when a Holiday intervenes; (4) The Board of Supervisors will receive and consider a request to continue a Planning matter only if: (a) the request is received by the Clerk of the Board at least forty-eight (48) hours prior to the time the matter is scheduled to be heard, (b) the request is in writing (FAX acceptable), and (c) a reason for the request is included. Hearing difficulty? Please ask the Clerk for use of a personal sound receiver. Board of Supervisors meetings are wheelchair accessible. Call (voice) or (TDD) to request a sign-language interpreter. Five working days notice is required. If you have questions regarding the agenda, please call The Board s Agenda and Summary Action Minutes are also available via the Internet at: 9:00 A.M. CALL TO ORDER AND SALUTE TO FLAG AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 1

2 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Government Code : (Two Cases) CONSENT CALENDAR 1. Approve record of cost of abatement and authorize assessment liens on properties in violation of abatement orders under the Neighborhood Preservation Ordinance 2. VARIANCE, V-11467, ED MANNETTE Appeal of Ed Mannette from the decision of the Board of Zoning Adjustments (West County) to deny the application to allow: 1) the required parking in the front yard where otherwise not permitted with the conversion of a garage to habitable space, and 2) construct a metal carport (accessory structure) in the front of the lot where otherwise not permitted, in a R-1-CSU- RV (Single Family Residence, Conditional Secondary Unit) District, located at 2426 Stanton Hill Road, north side, approximately 650' west of Stanton Avenue, Unincorporated Castro Valley area of Alameda County, Assessor s Parcel Number: 084A (Continued from July 11, September 12, 2002, and February 6, Continued from July 11, 2003.) Zoning Administrator decision: Denial of the appeal and the project (Continue to June 3, 2004) 3. VARIANCE, V-11702, MARILYN MORRIS Appeal of Marilyn Morris from the decision of the Board of Zoning Adjustments (West County) to deny the retention of a garage conversion providing zero parking spaces where two are required in an R-1 (Single Family Residence) District located at Daryl Avenue, east side, approximately 100 feet northeast of Lewelling Blvd., unincorporated San Lorenzo area of Alameda County, bearing Assessor s Parcel Number: (Continued from February 6, Continued from July 11, 2003.) Board of Zoning Adjustments (West County) decision: Denial of the appeal (Continue to June 3, 2004) 4. CONDITIONAL USE PERMITS - C-8191, C-8161, C-8233, C-8234, C-8235, C-8236, C-8237, C- 8238, C-8239, C-8201, C-8241, C-8242, C-8203, & C-8244 Appeal by the Californians for Renewable Energy, Inc. (CARE), and the Center for Biological Diversity from the decision of the East Board of Zoning Adjustments to approve the conditional use permits for the maintenance and operations of existing wind turbines in the Altamont Pass Wind Resources Area (APWRA) Board of Zoning Adjustments (East County) decision: Approval (Continue to May 6, 2004) th ZONING UNIT DAN MARCHAND Petition to reclassify from the R-1-L-B-E-CSU-RV (single Family Residence, Limited Agricultural, 5 acre minimum building site area, 100 feet median lot width, 30 feet front yard, Conditional Secondary Unit, Recreational Vehicle Regulation) district to a PD (Planned Development) District, allowing a 1,280 square foot secondary unit, on one site containing approximately acres, located at 8600 Oak Tree Lane, southwest side, approximately 340 feet southeast of Norris Canyon Road, unincorporated Castro Valley area of Alameda County, bearing County Assessor s designation: Planning Commission decision: Denial (Continue to June 3, 2004) AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 2

3 6. SITE DEVELOPMENT REVIEW, S JOHN MIGLIORE - Appeal of John Migliore from the decision of the Planning Commission to deny a Site Development Review application, S-1754, to allow expansion of an existing boat and camper storage facility, in a PD (Planned Development, 1568 th Zoning Unit, allowing vehicle storage use subject to Site Development Review approval) District, located at 6271 Tesla Road, south side, approximately 800 feet east of Vasco Road, Unincorporated South Livermore area of Alameda County, designated Assessor s Parcel Number: 099A (Continued from December 5, 2002 & February 6, 2003.) (Continued from July 11, 2003.) Planning Commission decision: Denial Planning Staff recommends: Denial (Continue to May 6, 2004) 7. VARIANCE, V JOHN MIGLIORE Appeal of John Migliore from the decision of the Board of Zoning Adjustments (East County) to deny expansion of a nonconforming recreational vehicle storage facility, in a PD (Planned Development, 1568 th Zoning Unit) District, located at 6271 Tesla Road, south side, approximately 0.8 mile east of the intersection with Mines Road, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 099A (Continued from March 4, 2004) Board of Zoning Adjustments (East County) decision: Denial Planning Staff recommends: Denial (Continue to May 6, 2004) 8. APPROVAL OF A NOTICE OF NON-RENEWAL OF LAND CONSERVATION PRESERVE (WILLIAMSON ACT) CONTRACT ROBERT AND DIANNE EVERETT Application request to non renew Agricultural Preserve contract, , for one parcel containing approximately acres in an A (Agricultural) District (County General Plan designation of Resource Management, as amended by Measure D), located on east side of 3333 Little Valley Road, at the Alameda County and Contra Costa County line unincorporated Pleasanton area; bearing County Assessor s designation: AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 3

4 REGULAR CALENDAR MORNING SESSION 9. TENTATIVE MAP, TRACT 7270 VAN EEGHEN/PETER HELLMANN Appeal of East Hills Rural Neighborhood Association, of the approval of the application of Paramount Homes, to divide one site containing approximately 3.44 acres into 10 parcels, in an R-1-B-E (Single Family Residence, 6,000 square feet minimum building site area, as per the Fairview Area Specific Plan) District, at Second Street, south side, approximately 300 west of Windfeldt Road, in the unincorporated Fairview area of Alameda County, baring County Assessor s Parcel Numbers: and CONDITIONAL USE PERMIT, C-8141, RONALD VARGAS Appeal of Ronald Vargas from the decision of the Board of Zoning Adjustments (West) to deny a conditional use permit for the continued operation of an outdoor storage yard in an M-1 (Light Industrial) District, located at Meekland Avenue, southwest side, 65 feet southeast of the intersection with Poplar Avenue, in the unincorporated Cherryland area of Alameda County, bearing Assessor s Parcel Number: Board of Zoning Adjustments (West County) decision: Denial 11. VARIANCE, V GRISELDA ALCALA/JOHN HELLEMN, G&G BUILDERS Appeal of G&G Builders from the decision of the Board of Zoning Adjustments (West County) to deny the application to allow construction of a four unit apartment building with an existing residence to maintain a 12-foot driveway where 20 feet is required and zero feet between the driveway and building wall where ten feet are required, in an R-S-D-35 (Suburban Residence, 3,500 square feet Minimum Building Site Area) District, located at 221 Blossom Way, south side, approximately 460 feet east of Meekland Avenue, unincorporated Cherryland area of Alameda County, bearing Assessor s Parcel Number: (Continued from March 4, 2004) Board of Zoning Adjustments (West County) decision: Denial 12. VARIANCE, V JOSE CARO Appeal of Jose Caro from the decision of the Planning Commission to deny the application to allow construction of an attached addition to an existing detached garage, thereby covering 38% of the required rear yard, where 30% is maximum, and a fence five feet, one half inch high, where four feet is maximum, in an R-2-B-E (Two Family Residence, 8,750 square foot m.b.s.a.) District, located at th Avenue, north side, approximately 427 feet east of East 14 th Street, unincorporated Ashland area of Alameda County, bearing County Assessor s designation: 080A Board of Zoning Adjustments (West County) decision: Tie vote Planning Commission decision: Denial AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 4

5 13. CONDITIONAL USE PERMIT, C-7990 RFC INVESTMENTS, GENE RAPP - Appeal of Gene Rapp from the decision of the Board of Zoning Adjustments (West County) to approve an application to modify a conditional use by the deletion of one single family parcel from an aged care facility subject to 12 conditions, in an R-1-CSU-RV (Single Family Residence, Conditional Secondary Unit, Recreational Vehicle) District, located at Charlene Way, north side, approximately 120' east of Redwood Road, Castro Valley, Assessor s Parcel Number: (Continued from January 9, 2004.) Board of Zoning Adjustments (West County) decision: Approval Castro Valley Municipal Advisory Committee recommends: Approval 11:00 A.M. SET MATTER 14. VESTING TENTATIVE MAP, TRACT 7305, ALCORN/DELCO BUILDERS Appeal of Castro Valley Preservation Society regarding the Planning Director s approval of an application to subdivide one parcel containing approximately 3.99 acres into 17 separate parcels, to permit the development of 16 new single family homes, located at 4605 Malabar Avenue, approximately 200 feet west of Pepper Street, unincorporated Castro Valley area of Alameda County, bearing County Assessor=s designation: 084C CVMAC recommends: Approval of the project Planning Staff recommends: Denial of the appeal and approval of the project AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 5

6 AFTERNOON SESSION SET MATTERS: NO ITEM ON THIS PORTION OF THE AGENDA WILL BE HEARD BEFORE 1:00P.M TH ZONING UNIT AND VESTING TENTATIVE MAP, TRACT 7370, HOFFMAN & VAUGHN FAMILY TRUST - Petition to reclassify from a PD (Planned Development) District allowing Commercial Uses to a PD (Planned Development) to allow eight residential units, on one site containing approximately 1.28 acres, located on Villareal Drive, south side, approximately 75 feet west of Clement Drive, unincorporated Castro Valley area of Alameda County, bearing County Assessor s Designation: 085A (Continued from July 11, 2003.) Castro Valley Municipal Advisory Council recommends: Conditional Approval Planning Commission decision: Conditional approval 16. VARIANCE, V-11788, FLETCHER/NEIL and BARBARA RASMUSSEN Appeal of Rich Fletcher from the decision of the Board of Zoning Adjustments (East County) to deny two parcels, 44 acres and 32 acres, the result of one parcel divided by Laughlin Road, where 100 acres is the minimum building site allowed, in an A (Agricultural) District, located at 3268 Laughlin Road, west side, approximately two miles north of I-580, unincorporated Livermore area of Alameda County, bearing Assessor s Parcel Number: 099B (Continued from March 4, 2004) Board of Zoning Adjustments (East County) decision: Denial Planning Staff recommends: Denial 17. ADVISE STAFF REGARDING COMPOSITION OF ADVISORY COMMITTEE TO INVESTIGATE OPTIONS FOR FUNDING PROTECTION OF AGRICULTURAL OPEN SPACE AND HISTORICAL RESOURCES IN ALAMEDA COUNTY 18. PROPOSED ZONING ORDINANCE AMENDMENTS - PLANNING COMMISSION AUTHORITY FOR CONDITIONAL USE PERMITS AND VARIANCES Second reading to review proposed amendments to Chapters and of Title 17 of the Alameda County Ordinance Code, the Zoning Ordinance of Alameda County. The proposed amendments would clarify that the Planning Commission is the decision making authority for Conditional Use Permits to implement minor modifications of Planned Development Districts and that the Planning Director may transfer decision making authority to the Planning Commission for a Variance where the Board of Zoning Adjustments is unable to take an action on an application, and would clarify erroneous cross references. Planning Commission recommends: Approval AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 6

7 19. PROPOSED AMENDMENT TO SUBDIVISION ORDINANCE - ADVISORY AGENCY FOR TENTATIVE TRACT MAPS Second reading to review proposed amendment to the Subdivision Ordinance (Title 16) of the Alameda County Ordinance Code to designate the Planning Commission as the Advisory Agency (approval body) for Tentative Tract Maps, and give the Planning Director the authority to transfer approval authority for a specific Tentative Parcel Map to the Planning Commission. Planning Commission recommends: Approval PUBLIC INPUT (TIME LIMIT: 3 MINUTES PER SPEAKER) BOARD OF SUPERVISORS REMARKS ADJOURNMENT AGENDA - BOARD OF SUPERVISORS MEETING, THURSDAY, APRIL 1, PAGE 7