Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Neighborhood Preservation topic
No spam. Unsubscribe anytime.
Board sustains paving appeal at 2500 Grove Way, finds legal nonconforming use
Summary
The Board of Supervisors sustained SEKK Investments' appeal regarding paving at 2500 Grove Way, concluding the asphalt may overlay preexisting concrete and treating the site as a legal nonconforming use; staff had recommended upholding the BZA violation finding under the Neighborhood Preservation Ordinance.
The board sustained an appeal by SEKK Investments over an Alameda County Code Enforcement finding that paving at 2500 Grove Way violated the Neighborhood Preservation Ordinance (Section 6.65.030). Ed Labayo, code enforcement manager, presented photographs and staff's view that newly installed paving exceeded the ordinance's limits on impervious surfaces if installed after the June 1, 1999 effective date.
The appellant presented an asphalt invoice that explicitly reads "pave overlay over existing con[crete]," tenant petitions and a witness declaration saying the parking surface predated the ordinance. The appellant said removing the paving would leave elderly and low‑income tenants without reasonable parking and that the work remedied a trip hazard. The owner said he had spent substantial sums improving unit exteriors and landscaping.
After questioning staff about whether there was conclusive evidence that the impervious surface preexisted the ordinance, President Miley moved to find the paving a legal nonconforming use and sustain the appeal; the motion passed on roll call. County staff said if the board treats the feature as a valid preexisting condition, outstanding compliance questions become limited to setbacks or other building-code matters rather than the landscaping/paving provision that triggered the enforcement action.
