ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY

ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY
PLANNING
DEPARTMENT
AGENDA ITEM NOo_March 15,2011
Chris Bazar
Agency Director
Albert Lopez
Planning Director
224
West Winton Ave.
Room 111
Hayward
California
94544
phone
510.670.5400
fax
510.7858793
www.acgov.org/cda
March 1,2011
Honorable Board of Supervisors
Administration Building
Oakland, CA 94612
Dear Board Members:
SUBJECT: Appeal ofMr. James Jardine from the decision of the West County Board
of Zoning Adjustments order issued January 26, 2011 (ZV-0032) for
property located at 4033 Picea Court, Hayward, Ca. 94542; APN: 425­
0500-007-00
RECOMMENDATION:
West County Board of Zoning Adjustments Action: On January 26, 2011, the West
County Board of Zoning Adjustments found the subject property was a public nuisance
and in violation of the Zoning Ordinance. The WBZA issued an abatement order and
upheld the fines and fees assessed for the property located at 4033 Picea Court,
Hayward.
Staff Recommendation: Staff recommends that the Board of Supervisors uphold the
West County Board of Zoning Adjustments (WBZA) January 26, 2011 order; declare
the property a public nuisance and in violation of the Zoning Ordinance; and require the
abatement to be completed within 30 days.
DISCUSSION/SUMMARY:
In early 2010, Mr. Jardine placed a large metal storage container on his property located
at 4033 Picea Court, prompting a complaint and resulting in a Declaration of Public
Nuisance-Notice to Abate letter issued on April 26, 2010, notifying him of the
violation that existed on the property. On April 29, 2010, Mr. Jardine called staff in
response to the County's letter stating he would work on a plan to remove the
violations. During the next several weeks staff conducted a number of site visits and
attempted to contact Mr. Jardine by leaving several messages for him. In response to a
June 21, 2010 message left by staff requesting an update, Mr. Jardine indicated the
person he arranged for removal did not show up and he would need to reschedule. A
site visit conducted on July 9,2010 confirmed the trailer was still on site and the
addition of another trailer was now located in the rear of the property. A phone message
left by staff on July 21,2010 prompted a return call from Mr. Jardine on July 22,2010.
Mr. Jardine indicated the trailer had been placed in the road easement and he was going
to jack the trailer up and pour concrete underneath it. At that time staff explained to Mr.
Jardine the trailer(s) was still in violation of county ordinances.
On August 23, 2010 Mr. Jardine requested an extension to allow time to respond and
consult with his attorney regarding the Notice of Fines and/or Fees sent on August 12,
2010. Mr. Jardine also requested a meeting with the Planning Director which occurred
in October, 2010.
Board of Supervisors
March 1,2011
Page 2
Notices of Fines and/or Fees Assessed were sent via certified and regular mail to Mr. Jardine.
He requested a hearing before the Board of Zoning Adjustments to address the violations, filles
and fees. A Notice of Administrative Hearing on Abatement of Nuisance was sent on November
8,2010 confirming the hearing would take place on November 17,2010. Upon receipt ofthe
Notice of Administrative Hearing, Mr. Jardine requested a continuance as he would be out of the
area for the months of November and December. The hearing was rescheduled for January 26,
2011.
Basis of Appeal: The majority ofthe appeal letter from Mr. Jardine discusses various Castle
Homes Association CC&R's. The letter also states that the trailer is not owned by him, but is
owned by a neighbor who has chosen to park this trailer in the road easement as many others
within the HOA do. He fru1her notes that Picea CoUli is a private road and as such neither the
HP, the Sheriffs Department or other County departments have any authority over. He
concludes by noting various statements that were part of a previous case on Picea Court,
indicating the same is true for this case.
Conclusion: The County does not enforce CC&R's along a private road, but it does have land
use authority for the purposes of zoning and Code Enforcement. The issue being appealed is a
land use issue and in violation of the Zoning Ordinance; the law that governs trailers, truck
trailers and similar moved-on containers is Section 17.52.290 which prohibits this type of
structure, temporarily or permanently, on residentially zoned properties. Mr. Jardine's
statements regarding trailer ownership are inconsistent from what he has told staff previously,
and as noted on the attached parcel map, property lines for this property begin at the center of the
roadway.
Staff has conducted many site visits, made a number of phone calls and has provided detailed
information to the property owner since April 20, 2010. The structure is a safety concern as it is
parked close to the edge ofthe roadway in a hazardous manner. Furthermore, staff has heard
from residents within the area that are concerned about the eyesore it creates in their
neighborhood, and believe it is a driving hazard since the container is within the curve ofthe
roadway (thereby obstructing line of sight for motorists, and further exaggerated by adjacent
fencing).
The record attached includes current photos; emails received from others within the area and the
map showing front, side and rear property lines.
FINANCING:
There is no Net County Cost as a result of this action.
CP:y~
Chris Bazar, Director
Community Development Agency
cc: Susan Muranishi
Patrick O'Connell
Richard Winnie, County Counsel
Louie Martirez, County Administrator's Office
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APPEAL
2/6/2011
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Clerk of the Board, Alameda County Board of Supervisors
Administrative Building
1221 Oak Street
Oakland, Ca 94612
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Re: Appeal of Order ZV-0032 of the West County Board of Zoning Adjustments
I have just received the letter this day of2/26/2011 informing me about the outcome of
the January 26.2011 hearing at the BZA and the Appeal process. I have requested
County records a month or more ago from the County concerning this and have not
received them as yet. I will be contacting Supervisor Nate Miley and his staff, Bob
Swanson, Joe DeVries and Seth Caplan to get copies of their records also that will
support my position and appeal. Since I have just got this letter, I will need more time to
respond and provide supporting document in support of my Appeal. This may take some
time considering the busy schedules of Supervisor Miley and his staff, and the County
staff and availability and knowledge of records so that I may copy them. I will need
considerable time to prepare for this appeal.
I, James Jardine file Appeal ofZV-0032. 1) The subject property is 4033 Picea Court,
Hayward, Ca. 2) The name of the appellant is James Jardine and address is 3989 Picea
Court, Hayward, Ca.
.2) Located in the Castle Homes II HOA with private roads within this Castle Homes II
HOA, recorded with the county and identified by Record of Survey recorded with the
county denoting the specific locations of these private roads within the HON POO. 3) I,
James Jardine am the appellant. I, James Jardine own 4033 Picea Ct., Hayward, Ca. I am
protesting the entire Order No. ZV-0032.
4) The following are some of the grounds and material facts in support of this Appeal. I
reserve the right to supplement the provided grounds and material facts at a later time. I
have requested documents from the County of Alameda and as of yet not received them.
Trailer of others parked in roadway/ road easement fronting my property:
a) The trailer in question that is parked in the road easement of the Castle Homes
II HOA is parked entirely within and upon the 50 foot wide road easement as evidenced
by the Record of Survey on record with the County of Alameda and part of the POO
approval. This particular trailer is parked off the pavement and upon and within the
shoulder of the road easement which has a compacted gravel shoulder and parked in a
manner intended by the CC&R's for the HOA and in the manner all others, both
members of the HOA and non-members of the HOA park their trailers and vehicles of
similar and of various types in the same manner. They have done so for over 50 years and
are doing so in the past 5 years and are doing so as I write this letter. It has been well
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accepted by the HOA and its members that parking of such a type of vehicle, a trailer for
over 50 years and no CC&R restricts such parking.
b) This trailer, like so many other trailers and vehicles within the HOA is parked
upon the road easement as I understand by a member of the HOA in which does not own
the property fronting or adjacent to the road easement in which the location the trailer is
parked in the road easement. It is not unusual for other members ofthe HOA to park their
trailers and/or vehicles in the road easement in front of another HOA member's home or
property. The CC&R's do not prohibit this activity and they, the HOA has authority over
this road easement and all road easements within this HOA/PUD.
c) I understand another member of the HOA has ownership of this particular
trailer and has chosen to park this trailer within the road easement in the manner many if
not all members currently are parking or have parked their vehicles including trailers and
has been accepted and currently accepted and the CC&R's do not prohibit such activity.
d) I have called the Alameda County Sheriffs Dept and the CHP and reported
parking of trailers and vehicles oflike kind or similar type and other commercially
licensed vehicles under the very same situation as this trailer is parked and have been
infonned by the Sheriff and CRP that the HOA has jurisdiction and authority over the
private roads within this ROA and parking in the same manner as this trailer is parked is
not a violation they can identify or cite. The Sheriff and CRP do not have authority over
parked vehicles on private roads!
e) I have reported to the County Neighborhood Preservation Dept., Planning Dept.
James Sorensen, and Chris Bazar and others in the County Administrative Departments,
to County Supervisor Nate Miley, his staff of Bob Swanson, Seth Caplan and Joe
DeVries many times in the past the very same circumstances of other ROA members
parking trailers and vehicles on Picea Ct., Arbutus Ct and Quercus Ct., all roads within
the this ROA and have always been told that they all do not have any authority or
jurisdiction over parking of vehicles on private roads and especially private roads within
a HOA/PUD. I have attached a copy other "Staff Rsponses Responses to Jardine Memo"
It clearly states under "2. Structures in Road Easement" "Parking Pad": "The County
does not have jurisdiction over private roadways. It is not illegal to park in your front
yard", under "Brick Planter": The County does not have jurisdiction over private
roadways., under "Trees" "The County does not have jurisdiction over private roadways"
under "Retaining walls" "The County does not have jurisdiction over private roadways."
When I have provided photos, took Tona, Joe DeVries, Bob Swanson, Nate Miley and
other County officials and pointed out numerous trailers and vehicles parked not only on
the shoulder of the private roadways but out into the private paved roadways, they all
infonned me that they do not have jurisdiction over the private roadways. If they did not
have jurisdiction then, then they do not have jurisdiction now.
f) Neighbors to the East of my property have been dumping their debris upon this
property for many years. Their family member, Robert Shumate was caught dumping
waste and trespassing on my property last year by knocking down my gate, driving a
dump truck upon my property and dumping 5 yards of household debris on my property.
I will get the Sheriffs report to support this. Others have dumped debris on my property
and have not been caught. This trailer parked in the roadway/road easement provides
protection and security from unauthorized others coming upon my property and dumping
debris.
g) I will secure a copy of a Deed as an example concerning a parcel in this
BOA/PUG and it will demonstrate that the roadway is a Recorded Survey roadway and
dedicated to the BOA members for specific uses by all members including a road
easement.
h) I will provide numerous photos of my neighbors parking their trailers and
commercial vehicles in the road easement/roadway and I have reported this directly to
Neighborhood Preservation personnel both before such violation was issued me and
directly after violation was issued me and they informed me they would do nothing
about the other reported violations and when I have asked, I have not been informed of
any action on these.
i) I would like to have Nate Miley, Seth Caplan, Bob Swanson and Joe De Vries
testify as to past position they had and their knowledge as to the decision and position of
the County on this very parking or trailers in the private roadway/road easements and
particularly Picea Ct..
j) I will provide numerous photos of past and present showing others in the BOA
parking trailers, commercial trucks and vehicles in the private roadways/road easements
within our BOA, It has gone on for 50 years and is going on right now. All the time
reported to me by the County that they have no jurisdiction over private roadways.
Truck trailer(s) and modular trailers stored on property:
a) I do not have any truck trailers or modular trailers stored on my property. The
truck trailers that are depicted in the last photo in the 10 photos provided me
at the BZA hearing, I can identify the last photo as actually a photo of the blue
cab diesel tractor truck with attached flat bed diesel tractor 40 foot trailer
attached to the rear of that blue in color cab diesel tractor truck and alongside
that diesel tractor truck and flat bed trailer is a 40 foot 5 th wheel box tractor
trailer. All three ofthese vehicles are stored upon my neighbor lot to the East,
Neil Shumate's property/lot. These appear to be his three commercial
trucks/trailers, the very trucks and trailers that I informed Lacey Starling and
the Neighborhood Preservation Dept were not mine but were on Neil
Shumate's lot and I did that prior to being issued this violation and reported
this numerous times prior. I previously informed them of these type of very
vehicles parked out into the paved portion of the Picea Court Roadway/road
easement in front of Neil Shumate's vacant lot and they reported they could
do nothing because in a private roadway..
b) I do not have any truck trailer(s) or modular trailer(s) on my property. There
are no such items on my property that have trailer capabilities, or registered
for road use or able to be towed by a truck or car.
I had a meeting with Albert Lopez, Planning Director on 10/28/2010 concerning these
alleged violations. I provide him the County documentation stating the County had no
jurisdiction over the private roadways and particular Picea Ct. I presented him photos of
my neighbor's to the East Diesel truck and trailers, the very blue cab diesel truck and
trailers in the Neighborhood Preservation's file. I explained those were not mine and not
on my property. Albert Lopez informed me then that he had personally drove down Picea
Court recently and did not see any truck trailer(s) or modular trailer(s) on my particular
property and he looked for them. Be did see the trailer parked in the road easement along
the front of my property. I presented documentation that showed that trailer was in the
road easement just like so many other trailers and trucks on Picea Ct. were parked. He
acknowledged that he too had seen other trailers and trucks parked in the same manner. I
showed him actual photos of members of the HOA parking their trailers and trucks out
into the paved portion of the roadway, on the shoulder of the roadway and many parked
in the wrong direction of traffic. Albert Lopez did acknowledge that both my neighbor to
the WEST and my property were very well taken care of and neat and clean. Others in the
neighborhood had less than clean and neat properties. Albert Lopez did offer a possible
solution to the issue with the trailer parked in the road easement and I am looking into
that suggestion and locating and working with the owner of trailer in the road easement
shoulder.
I will be out of town the remainder of this week attending a trial in the Sierra's I will
continue to provide additional material facts to support my appeal.
I verify above provided is the truth to the best of my knowledge.
James Jardine
STAFF RESPONSES RESPONSES TO JARDINE MEMO
1.
Side
r. Jardi .- con:ect in that the deck was not included as part of the
variance application. The a deck was included in the original building permit for the
house addition, and was given final sign-off by the Building Division in 1990, but
because building inspection records that old are not maintained, staff cannot
conclusively state if the sllbject deck was addressed. The deck does not intrude further
into the side setback than what was approved for the house addition. As we try to think
back in time and surmise what may have happened, a determination may have been
made to say that since a reduced side setback had already been approved, accessory
structures could also be approved that were within this established line. It's not an
extraordinary occurrence as quite a few jurisdictions do things this way. It's possible that
the County was also looking at it this way fifteen or so years ago, although we don't do it
this way now. As required by the Board of Supervisors only a portion of the deck will be
removed·
2.
Structures in Road Easement
Decks:
If Mr. Jardine is referring to the landing at the top of the stairs Mr. Shumate has already
removed it. We are not aware of any other structure that could be called a deck that is
within the roadway.
Front porch:
Mr. Shumate has removed the front porch and stairway. The Shumates received a
building permit for the work.
Roof eaves:
The County does not have jurisdiction over private roadways. The roof eaves do not
constitute a front setback violation.
Parking p-ad:
The Coum di
not have jurisdiction Q'ler p °ll8te roadwa so t is not illegal to park in
your front .yard.
Brick Rlanter:
Th
urisdlction over private roadways.
trees:
Jbj;:C:OO~.d;e;:no
Trees do not constitute a
front setback violation.
Retaining walls:
Staff is unclear precisely what is being referenced here, but believes Mr. Jardine is
referencing the retaining wall supporting a portion of the roadway. Th County does.not
have jurisdiction over Qrivate roadways.
ccessory structures:
Mr. Shumate has removed several of the illegal accessory structures. One
structure is permitted to remaiil as it was constructed with benefit of a building
permit. One illegal structure is remaining and is going through the enforcement process.
The Board has authorized removing it, and later this month, or when allowed by.:the
Superior Court, the County will be seeking a court order allowing it to enter the property
and remove the s t r u c t u r e . '
3.
Variance. The Board of Supervisors did not uphold the BZA decision mandating
removal of a portion of the addition. The Board effectively allowed the house addition to
remain in its current location.
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OA.S'l'LE BO~ES, IJO., a .call forn! a. corp·,rot1!)n
F... walae lIlMiftd
2S
JOIN"i TENANTS all ~ nsl JlI'OSM!rtY utule in the
Comrty or
'lo1rJ1sh1 p of Eden
• StlIte 01 CaJifornia. c!~bed as follo-r.::
AlBDIeda
p~qoi:L ~:PCR1'IO!: of tile 1and pn07:l1 on
Por1;1~ of' CaF"t1.e Ho::-.es I:~c.,
the :::Bp of "~·.::cord ::of
Fropf:rty, ;.1.. t'CC2 C:";'7.ty •
Cal1:!ornie • :!"iled February 21, 1952 iIi 500k :: of Liccl:!'"ed
!illrveys, at pe.t;ea 27. 2.8. and 29. in the office ::t~ -:; •• c C~':": t:l
9.eco:rd.u o-r A1a::"eda Cour.1;y, ceBcz1\Jed &s fol.lol;"s:
3urvQ.
R
BEGI~P.~G at the ilorthYes;tern cor.:er ~:' s;,ld lane'
l'no",n on said -Record. of Survey"!-; and run::1::E t~e:lce <.1":1£. -:;~e
nor1;1:e:an llne ·of'. said land sham aT. said R:tecord ?f :o:r.::ey·
p-:)uthe&ster1y on a curve. to the le;f't ,...i ':h ~ r;;(U~;G of 1"5 fe~t,
a distanoe o:! 6 -teet: thence south 5.,0 nl:i'
e."lFt .;is.au feet:.
thence tongent wr1 th the teat n8:11ed COllrae souther.p-:;~r:!.y on e
curve .to tile left -.;1th a r;,dilie of 100 feet. a disti::.ce Sf E3.D?
feet; thence tangent with thg last Dc:u:ed course SJcu"t!: -::7 ~1' ,j::"
east 32 f'eet., thenoe llo'Jth 0 32' 26- east :>:?-R.El fee~: the!".ce
s8uth 79° 36 we8t.173 feet; thence north ~e' 1~1 r.crt l~~ feet
to t!le nor~hwestem line o~ Eto.1d land S~I'l1<r. on eUc! n?'.cco:-d (if
~ey·i and the-ce alo:lg the--l~~ ~.aJl:~_~lr.e north.1::-' :"~, '71"
east 36"1.44 feet; to the :'OInt 0.. -e:,.lc.:1.. r;..
.n·
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TO- 5E IC:C!ill llflO dt'i"lb1lc:t€ d
:.f' ~olllEl'l te :-0 .\;.~"
p~n. ~:
pU1:11:»eetl.
A;,.S~~"TS for road", Se1'.:'~F. Wld !N;;'UC u~ll1ty
apflUrlenant to percel.. 1",over one' ~10r.£ Ftrlp~ o:f "
land 50 :feet ...1de (~ldenEd at the lntcrEectlor:l' 1;herlof :':1;; .,t
Fa1xv1ett Avenue or Count.,· Hoad ::0. '1791 "oy ~~e C!)T.-:e:;:"~l:;:::"l
:rounded corners o~ 20 :feet radiUS) the ce::.ter 1i~e 0 -: ... ::.tc;: ::.::
deScrIbed. as :f011ow£:
(a)
TO BE UO~Naa Sorims Avenue, the centEr line of
wbich 18 described lIB 1'0110••:
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BlGnrnBG at a pOint on the northwestern l1:-:.e rd' Gaic
Ilmd .ilown on aa14 -aeooN of survey-. d1st~t thereon 60uth 330
~2a' 27- ....est 25.025 feet :holD the -nor":-estern corner-01' Eilld
land shawn GIl llaid ,aRecord o~ 9Un'ey"; 2nd runnill£ thence l=:;...,t!:t­
Cl2.Bter"ly on Ii: CurY8 to the l.e:r~ ..Uh a r6.d1 US of 135 :f ee1; (th e
center of' which" bu.ra north 36· '17 1 55- eE:st) , B dlst~nce of 0
6.23 feet;· ·1;hcce t8ligalt w1 th the laa1; named. co',,;rse _south 57
08 1 2l.- east .56.66 .feet; .thence tingent wUh the last ne:ned
~urs.e southeasterl,. on a curt'e to the left 1';'1 th e. rr;li11:e of
.125 :re,et. a d1st~e 81'·66.28· :feeti thence. talgent rith t~.e last
.named course ·~outho:.B7; 3_1 1 Qa- easlO 1'1.3.12 :feet; i;.hence t.:ngeo1; "
. nth. 'the·1an neae4 'cCJU%lIe er..aterl,. on a curve w the-1.eft ~lth
s· rad1ua of. 200. feet. a·distance o~ 112.~4· feet; -thence tr:!1&'ent
nth the:'lBst'nued.COU%8e north 600 19' 38- ee5t. ·.na;e9 feet: "
. ·.-theno~·1;an'gea~ ,w11;h.~he:~t named.·Dourse easterl.y o.n e curve .to
.:the rlgb~1r1'J;( .ia:,.r8lU-~-:0:[· 1.26 f eo-;;. a diStance ~ 11.f..71 feet;
thence:~~~·;~1ih tbe·J.ae1;.··D8IIIed:.cocrpe south- 67 0 OS' :5S- el:l't
..~~·2Q ·~~;:{~'J.Ilo"1;li:D~:t '-nth tile 1!ls1; ~a!lIed course no~th­
,.,ell6terl.7,;OJlo. .:a:i.curwe.~ :tb~l;~t·w1th a radius o;f 100 feet-. 8: dis­
~t~o·e:-.:o.t~:·1.65~..Dfect;·BDd'·toli~·t~BIlt With. the :1asjO n~~ .
.
CO'lJrs.~rtli".-'-A)-· 39 1 ·.5'1-.·dd 330.89 feet; to> the' southwestern .
: .. ··ne
ot"·~~~'-.;A.venue::~r~unty Road'-No •. 7791~.
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.:1J6 cleeoribecl
BlUmBCI at-a P01n~ on t:18 c8nt81' line. of Sol'bua
UDdft' <.) ..~.) dl.tent tbe:x:eon ."terl.j
8"-5.28 feet' from the uorthwesi;em line ot said lend shown on _
said ,~RIIOOl'd of' SUl'VoJ"; and mnn1.ng th~Qe, south .7° 43' 20.
.
...est 212.85 feet; th.o. taDgllllt with the last named course
tlou'CJJ.e«ter~t on a c-unre 1;0 ~e r1gJlt ..1 th a rad!uB or .,ao 1'ed.
a d1stance 0 160.2' teet; thenoe 80uthwesterly on a compotmd
curve to the right w~ a radIus of 220 feet. a diat;nce of
305.98 feet; thence _esterl,. end BOuth~e8ter1y on e- curve to the
lett ~1tb 8. radius of 250 feet, II. distence of 217 .~9 fe~t; end
thence 't8IIgent wl'tb t~e last Da:l!e4 courae soutb 63_ 00' west,
400 :teet.
- .­
the
'l'OGE'JHER 1rUil
co'vent10naJ. turninE area of <:0
t'eet radlWl. the ceuter/bfDf&J.ch is t::e sout:l1reste.rn end
of said 1srl deF.crIbe1 C(lurse ond the' 6terior l1n~ of which is
joined l>lth the s1c!e l1nes Of sud above described-strip hy
reverse curves o:! 40 teet rad:i:Us.
EJCEPTn:G 'IBJ:,!'£HVll. that portion thereof r.hlch 1.1es
_. _tri th.1n 'the l1nes of Sorbus Avenue. described mlder-( a) abo"1e.
(c)
'J'C Bl: IJ:on as .lrbtttus Court. the cent.cr line of
which is, desoribed . . tollows:
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'!OCJ~'l'li6R••.1ta the oonven'tlonal tl:rcir..:;-:;rea of "'0
:fee-t radiuil, the center Une 01" whioh ia-tbe wetltem.-end of' said
las1: described ooura.e end the erter1o-r line of" -==:1ch- i-s j:llned
. wi.th 'the 81.d.e. l1aea of aa14 above d.escribed 8~P ~ rerter&B
curves of 40 feet radius.
.
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at 8 point on the southern .lIne of Fain1 ew
A\"enue or Oounty Road Ko. 1791, distal't thereon Y:en"r1y 464.15
f ee:t frOB the 8outl:ee...tem ll.ne of said land 8~~n o~ sdd
-Record of" SU:n'eY-j end running t!.e:'ce 80!:th?O let 1"e!>t S?-.~
:feet; thence tangent nth the l:ert named cOl:rs.t:_~ollth1l'e~tcrlyon
8 curve to the right 1rltb ~ rl!dlus of 300 feet. Po ~!.Ft:::ce o~
75. ~~ feet; thence taDLent 'S:"l til 'tile 18,;t !<8.~ed c~1:rse EO~J1;h ~.":E
~61 west 4a> teet; 'thence tl:ngent 1rith the 1al=t nw:.ed cOlirse
60·t:ti:1iEater17 on II. curve to tl:.e ri· ht ld.-tb a rl1cl1:s of 500
feet. a dietenoo of' 7~. 92 feet; thence 1:i>Dgent 'with the lar:t
~BJ::ed COl1r~e Bor:th -lit' 01 1 west 104 feet; the&ce tentent wIth
the 1.ar.t nBSed. course BOuthwes1;.er~y on a l;:Urt'e to t:.e -right
!rUh Ii radlu9 of 2aO :teet, a diE't:\nce of 136.22 feet; thence
southwellter11 on a reverse curve to t;~e Left li1th a' redlli8 of
"i;:0 feet, a d1~te.nce of 164.93 f~i the:;ce £o~tl:'lie....terl.y on ~
revc;me CJ1rY8 to the right with e. rediW! :;)~ ~70 f'ea-t. a dI~tdice
of 193.21 feet; thence 'taDgen't _wIth Ue l"Ft :.c::;~ C01JrFe fouth
eeo 23' :m- w8at 2-'2 feet, thence tanf;ent t.1t~ tLe 1&st naa:ed .
cOurse ..,ester1:r on a cune·to ce righ\ ~1th a radius of' 600.
:feet .. a d1t;t&Doe ot 221.66 te~j thence w;eFterly on_t! revc-rs:e
curve to ue lett 'with C'i radius 0;- 300 :reet. a dist;;.nce- of
164.37 f'eet; aDd thcmce tangent nth the last ~a=:ed cotlree sm.." th- ,
B~o ~':m. wes't 191.ZO-feet.
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to, BE D:OD as-~us Court. the'cent,er line of,
lrt:1cb 1B desoribod
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BEGDnlD_G 'a1: a point 'on tbe_ center 1.1nJi...of ArbutUs
Court. de8crlbed 'UDder ,to) aboYe,d1eten"t- thereon 6SR-"'thseaterl.y,
-, ,.~"
. 94~ :Olt,f8et :Cr'oII the:.•~ ~ _~e of'. '1I1_"~~ Avenue:or C~'-!l1~7 ~ _-:-. _,: 3
Road-lIo.- '''n91; -dd" ramdng t1i~ce Boutbwl;~:r,on -a -cune. 'to toe
'
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rIf!t=w11ih & r8d.1uB 01': 4,20 :feet ·(the oent~-,or tfhlo1I""bt:B:t:S south
~ ,42' ro- weet) li,.~B~ance of -34§.69 feet; ,and thence tangent,
~lth :i;he<laBt .nuufd,aoureoeouth·'SU 'I.e" 30- ,W081: 250. feet.' ',-,
_
. :-. ':~:' "ro~~'J:~{~~~e -~n~:~tio;'~: ~~:l6cr~_0~'~
. : .',
:feet rad1-ijti;: the ,o~ter:'J.in-e of irhiah lil -the- s~_uth.em end of. ':_81'4'-- .-:: t~
18st· desor1bC,oour.'-,ldld'the ert-er!ol',-l1De'Q:! wbIo1fh joined:' '..... ,-,,~'
, wItb-.:tbe !llc!1.;Un-ee,~ot;,fII1'4 abcJ:We.4eeol'ibel! stri~'b):..~B'ler~e:~ :.~ :::;,'~,
curv,~.'61' :~:!:~~;!~~~.~''~"
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_6770
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K7CEPTJ:i. G Tt.F.R?i"a=lIl, thct po...t1or. tl.erI:O:f' r:. \ch 11 cc
the 11~cs of A!t~tup Cnurt, de~cr1ucd un~~r (c) nbo~L,
~t.':EIlYI::r.
fro::: ;!l':rcel 1. en
eaae-:£Dt f:":r r-:-:.t!.
l"~er. ,,00 iluollc U"tll1tJ' purp~l'ea. Bp.urten~·r.t t:o ~ .•. l" ··~·I~.:t
of the property Gho1r1i
"",ld -Rreord ..... !'c1Te}'-. ~nrr:r , ..•. ,'10::,
tr.e northern 50
on
feetL.thar~f.
ly1n( in 91!10 3ori.uf'
R~UNI:G froa pl:rcell."l:,."1 c:.!!'e:::en.t
~\-.:nue~
G:" r1.:.-:: ,.'
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for pUblic utility purp:oses, ova t:.c ber.. !:: r.f:f"c::.-l11cc .:!tj l':"tj.
It 1£ tt.e 1ntentlo:l 0: tile :;r~tox ht:r~,I:l In -:1l::.1n,: ~:;h: r··­
servutlan 0:[ eusetE:m't r1lht,. tlk.t t:::en t~e exl<ct loc.;:tl:;;; IJ;' • ~:.~,
p:Jolic utiUt:r e~(:e::ent r1l;ilt 0" Ill<y i:l.a1.t been deter 1: ed ~y f',:1c
Gr!:Dtor, that suoh eaue:cent 11"111 be cO:lfl~"d to EI F)~~lf it.d : ~(':.
EIZld conveyed'tc the vurlous utilitlc-s tbht shull or =.,.}' llFr: (',.10
er.SeDieI1 t of. u,jlt 01: ..e.y: nt ..... 1ch tl· e 3%'; r.tor oe:reee to re­
llnqu1eh and .qu1tcl.a.1.al "to Grli-J1te~, BUCb. ;lOrtlon of ~ .• c ,.erdr: ­
det'cr1bed ;»roper'ty ::ot included in the eventl;al loc~Unn -:.: f"'~c-h
ectu&l" easement or right; of way.
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I am a prisoner in my own property. There is a creepy dirty old black semi trailer in front of my home, blocking my view
and making it very difficult and intiminating to drive from and into my drivway.
I am a prisoner in my own home with a six foot delapitated metal fence aceross the front of my home. The fence is falling
apart, and I beleive the deer are getting snaged on it, I wonder if they are getting injured. The fence is intiminating and
there has been at least one traffic accident that I know of in front of my house since this prison fence was installed.
I am a prisoner in my own home when I look out to see many giant signs with cross bones and skeletons and warnings to
stay out!
Should I bring up the dirt lot and driveway that vehicles tract mud onto the street in front of my house and up the road.
And on top of that the driveway has a cable that had white plastic pipe over it, is now broken into hundreds of pieces all
over the ground and street.
Then to polish things off, there is a humungus pill of debree in the middle of the dump in front of my home.
I do not think Jardin would put up with mess by his residence in. San Ramon. His propertys here on 4033 and 4035
(mailbox) is an embarassment to the community.
And just think, a couple of years ago the Alameda county made me move a small pill of firewood away from the front of
my home, even though my neighbors and I felt that my little mountain home was cute and cozy with a stack of firewood in
front.
Lacy, the neighbors told me you need imput on the semi trailer parked on this street. I went a little overboard, but all
above is factual.
.
I am concerned that a while ago Jardin was invloved in costing the local government (we the people) a lot money with
issues on this street. Is this a now, HERE WE AGO AGAIN $$$$$ ?
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Hi Lacy,
We got an e-mail from our neighbor saying that the hearing for the James Jardin case was going to be on the
26th at 1:30 pm.
Well we wont be there because of our work, but we would like to be able to voice our opinion on this matter
that has been not only a eye sore but a danger on a blind Corner.
As you know James has be haunting this neighborhood and Alameda County for years and it's time someone
put him in his place.
His has done some illegal work on Picea Ct with a new sewer line that the City Of Hayward told him that he
couldn't do but he did it any way with help from two of the other neighbors. So now there are six property's
that have Sewer Stub from the City Sewer line that was Illegally connected by James Jardin.
He has put up a fence that is in the easement right a-way which is to spite all of us that live here on Picea Ct.
He has planted spite trees to block neighbors views, he's dug up our street an not repaired it correctly
He has brought in all of the fill on his lot from the asphalt excavation on Fairview Ave several years ago which
is considered contaminated soil because of the oil. The run off of his Property goes to the Flood Control Creek
which goes to our Bay. Where is the Permit and the proof of soil testing. All of this work was done from 6:00
pm until sometimes 11:00 pm for weeks. The equipment came from the Contractor site who was De Silva
Gates which we think he didn't ask to use. His Mother drove him over to pick up the equipment and then
followed him back with flashing lights every night.
James also has his employee living at his Mothers Property in a Garage that we have called in on that should
be checked out. Someone needs to take a look in the Garage to see if it's a Garage or a Bedroom. Another no
permit BUilding.
Lacy if there's anything we can do to help you and your boss stop James we will do so. All of the neighbors feel
intimated by this Man and he has threaten some of us though letters in the past.
I hope this well help you and your boss on the 26th.
1
~ ~44&JJ
_S_ta_rl_in",",9-.,L_a_c"",Y...
, C_D_A
Dear Ms Starling:
We won't be attending the meeting on Jan 26th as we would not want the wrath of Jim Jardine upon us. We definitely
want that trailer removed. I'm embarrassed to have friends or acquaintances drive down the street. Where else do you
see a trailer parked on the street like that? Poor Gary who lives right across the street has to stare at that view instead of
the green hills that he enjoyed before. Definitely have him remove it. If Jim is allowed to keep the trailers (there is one in
the backyard also) than I don't see how you can say no to others.
Thank you.
1
_S_ta_rl_in~g_,L_a_c"",Y...,C_D_A
~iIIiiIIoio6lllillll
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41.14J...
Lacy, thank you for the notice and continuing to pursue this matter. I would very much like
to be at this meeting, but unfortunately can not make it as I will be out of the country.
Please continue to inform me of any future meetings.
In my opinion, the Jardine's trailer is both an eyesore to the neighborhood, which reduces
our properly values, and a safety hazard. The fact that it is unsightly is, I believe,
beyond dispute. I am not aware of another property in Hayward with a large commercial
trailer at the edge of the road.
The trailer is a safety hazard as it obstructs the view around the corner, which is just
below a hill and it eliminates the ability to pullover for an on coming vehicle. This is
particularly a problem in the morning when the sun is shinning directly into the eyes of
those driving up the hill (towards Oakes). The safety is further compromised by the
placement of a fence and posts at the road edge for the purpose of preventing anyone from
moving over to avoid an oncoming vehicle (see below for details).
I am in possession of a five page letter from James Jardine dated 4-01-08 where he specially
states a number of times that having improvements to the road edge (other than utilities is
a hazard.
Following are a few if the many excerpts from Jardine's letter where he states that placing
improvements to the road edge is a safety hazard:
We are know of the imposing danger of this turn as a result of the
improper encroachment in to this turn. This needs correction.
Some sort of reasonable parking strip along the road should be
established.
Keep in mind the blinding sun in the morning and afternoon when going up
the hill at the turn in the morning and going around the turn and
downhill in the afternoon.
Perhaps that alone could prohibit or prevent Firefighting and Emergency
Vehicles and personnel from protecting our homes.
Towards the end of the letter Jardine states:
If I do not hear from you on this matter, I will assume that I can
proceed with my encroachment with your approval in to the road easement
to the same degree that the Shumates have.
I advised Jim that I was not the "road chair person" and that my only interest was in getting
the road repaved.
The letter clearly states that it is Jardines contention that encroachment upon the road is a
safety hazard, and if this hazard is allowed to persist that he has the rights to do the
same, which he has done. It is my opinion that the safety hazard that he has created exceeds
1
the safety hazard that he h~_ gone to such lengths to describe ~n his letter, as his
encroachment appears closer to the road (especially considering the fence and posts) and is,
in my opinion, at a more critical point. To me, it is beyond comprehension that someone
could maintain that the appropriate response to a safety hazard is to create one of your own
making, but this is specially what Jardine has stated he would do and he has followed through
on his threats. (Note: He also maintains that it is a properly rights issue).
If you would like a copy of the letter or have any questions, please advise.
Once again, thank you for your attention to this matter.
2
17.52.210
D. Maintenance on the premises for sale or rent­
al of any stock of goods, which are not homemade;
E. Results in on-street parking or the generation of
pedestrian or vehicular traffic beyond that normal to the
district, of the parking of any commercial vehicle in
violation of Section 17.52.130;
F. The generation of noise, glare, vibration, odor or
electrical disturbance perceptible at or beyond the lot
lines;
G. Any use of the front yard or sideyard for con­
struction or repair or dismantling or the use in the aggre­
gate of an area greater than one-fourth of the area of the
dwelling unit;
H. Any sign other than the name plate pennitted in
the district;
I.
Condu,;t of a barber shop, beauty shop, or real
estate office, raising for sale of animals, bees or birds, or
the teaching of dancing, music or swimming to an assem­
bled, class of more than two pupils;
J.
The repair, servicing, painting or dismantling of
motor vehicles or of electrical refrigerators, washers,
dryers, or other household appliances;
K. The renting of rooms and the providing of table
board for more than four persons, or if licensed by the
State Department of Mental Hygiene for more than five
persons;
L. The provision of day care for more than six
children. (Prior gen. cqde § 8-60.22)
food and beverage catering vehicles shall be apermitted
accessory use provided no catering vehicle shall remain
on the property longer than twenty (20) minutes in any
two-hour period. (Prior gen. code § 8-60.25C)
17.52.220
Accessory uses-Recreational.
Recreation facilities on the premises for the use of the
occupants and nonpaying guests are permitted, when
qualified as accessory uses in any district. Private swim­
ming pools shall be regulated as accessory structures.
(Prior gen. code § 8-60.23)
17.52.280
Accessory buildings-Corner lots.
On a comer lot which abuts a key lot no accessory
building shall be nearer the street side lot line than a
distance equal to the depth of front yard required on the
key lot; provided, however, that this restriction shall not
be so applied as to reduce the permitted depth of the
accessory building to less than twenty (20) feet. Where
the rear lot line of a comer lot in an R district abuts the
rear lot line of another lot, no accessory building shall be
nearer the street side lot line than the main building or
in any case be located less than ten feet from the side lot
line. (Prior gen. code § 8-60.28)
17.52.260
Accessory buildings.
Every accessory building attached to a main building
shall be subject to all the requirements of this title appli­
cable to the main building. No detached accessory build­
ing in an R district shall be located within six feet of any
other building on the same lot, or have more than one
story or a height in excess of fifteen (15) feet. (prior gen.
code § 8-60.26)
17.52.270
Accessory buildings-Where not
permitted.
No accessory building shall be located between the
street lot line and any special building line established
pursuant to prior code Section 8-84.0, any future width
line established by ordinance, which traverses the build­
ing site. No accessory building in any R district shall be
within six feet of the side line of the front half of any
abutting lot, or occu'py the front half of,a lot, or either
front quarter of an interior lot abutting ~o streets, pro­
vided; however, that this restriction sha).l not require any
accessory building to be more than sev~nty-five (75) feet'
distant from any street lot line. (prior gen. code §
8-60.27)
17.52.230
Accessory uses-Pets, livestock,
bees, exotic animals.
The keeping of pets, livestock, bees and exotic animals
for which a pennit has been obtained in accordance with
applicable regulations are permitted in addition to those
animals otherwise permitted by this title. (Prior gen. code
§ 8-60.25)
Accessory building~Types of
structures prohibited.
In any R district, cargo containers, truck trailers, vans,
commercial vehicles and similar moved-on containers
shall not be permitted as temporary or permanent struc­
tures of any type. This section shall not prohibit a
moved-on mobilehome as specified under Section
17.04.010 or a temporary use as provided by Section
17.52.470. (Prior gen. code § 8-60.29)
17.52.290
17.52.240
Accessory uses-Firework stands.
Firework stands for which a permit has been obtained
in accordance with applicable regulations and for which
zoning approval has been received are permitted in any
C or M zoning district. (Prior gen. code § 8-60.25B)
17.52.250
Accessory uses-Catering vehicles.
Customary and temporary use of private property for
457
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Disclaimer: The data, information, and maps provided herein are derived from variou:
maintenance, con-ecrion and update, and are subject to verification by the user and/or
docs not constitute a legal survey. The County of Alameda makes no warranty, repres
timeliness or completeness of .any of the infonnation implied herein. The County of A
warranties, including, withoullimifalion, the implied warranties of mere han lability an
http://pwagis01/ZoningViewer/PrintLandscape.aspx?CMD=INIT&XMIN=6118565.918841545&Y...
1/25/2011
ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY
PLANNING
Chris Bazar
Agency Director
DEPARTMENT
ORDER NO. ZV-0032 OF THE
COUNTY OF ALAMEDA ZONING AND/OR NEIGHBORHOOD
PRESERVATION ORDINANCE
WEST ALAMEDA COUNTY BOARD OF ZONING ADJUSTMENTS
ADOPTED AT THE HEARING OF WEDNESDAY, JANUARY 26, 2011
CONCERNING: 4033 PICEA COURT, HAYWARD CA 94542
Albert Lopez
Planning Direclor
224
West Winton Ave.
Room 111
Hayward
California
94544
phone
510.670.5400
fax
510.785.8793
wwwacgov.org/cda
WHEREAS the County of Alameda adopted Ordinance No. 6.65, 'the
Neighborhood Preservation Ordinance, 011 October 10, 2002, and said Ordinance
identifies certain public nuisance conditions and provides for their abatement; and
WHEREAS the County of Alameda opened a case on April 20,2010 for a
violation of the Alameda County Zoning and/or Neighborhood Preservation Ordinance
on the property located at 4033 Picea Court, Hayward CA 94542; APN: 425-0500-007­
00;
Owner(s): James L. Jardine
WHEREAS the County of Alameda verified the existence of said violation and
attempted unsuccessfully to cause the owner/occupant to abate the violation; and
WHEREAS the West Alameda County Board of Zoning Adjustments did hold an
administrative hearing on said violation at the hour of 1:30 p.m. on the 26 th day of
January, 2011 in the Alameda County Building, Public Hearing Room, 224 West Winton
Avenue, Hayward, California, 94544; and
WHEREAS it satisfactorily appears from affidavits on file that proper notice of
said hearing was given in all respects as required by law; and
WHEREAS this process has been reviewed in accordance with the provisions of
the California Environmental Quality Act and has been found to be Categorically
Exempt; and
WHEREAS a Pre-Hearing Report was submitted identifying public nuisance
conditions and recommending the finding of violation; and
WHEREAS the owner did appear at said hearing to present testimony under oath
on their behalf; and;
WHEREAS neighbors did appear at said hearing to present testimony under oath;
WHEREAS the West Alameda County Board of Zoning Adjustments did hear
and consider all said reports, recommendations and testimony as herein above set forth;
NO\V THEREFORE BE IT RESOLVED that the West Alameda County Board
of Zoning Adjustments finds that:
(a)
The following violations of Alameda County Ordinance 17.52.290:
1) Truck trailer(s) and modular trailer(s) stored on the property..
ORDER NUMBER ZV ~0032
JANUARY 26, 2011
PAGE 2
BE IT FURTHER RESOLVED that the West Alameda County Board of
Zoning Adjustments orders that:
(b)
The methodes) of abatement are as follows:
1) Remove the truck trailer(s) and modular trailer(s) from the property.
(c)
Abatement shall commence as follows:
1) January 26,2011; and
(d)
Abatement shall be completed no later than:
1) February 10,2011.
TO WIT:
1)
2)
Dawn Clark
Lacy Starling
Pursuant to Chapter 17.59.090 and/or 6.65.120 - APPEAL PROCEDURE, HEARING BY
the owner(s) may appeal to the County of Alameda Board of
Supervisors the Hearing Officer's findings and order by filing an appeal with the Clerk of
the Board within ten (10) days from the date of service of the Hearing Officer's action.
BOARD OF SUPERVISORS,
WEST ALAMEDA COUNTY BOARD OF ZONING ADJUSTMENTS
COUNTY OF ALAMEDA ZONING AND/OR NEIGHBORHOOD
PRESERVATION ORDINANCE