• 

  Acknowledged Matthew W (Verified Official)

  We'll have someone take a look.

  07/26/2018 · Flag Flagged
• 

  Thomas M. (Registered User)

  I have seen this situation go on for a couple of years. They take delivery of materials and store them in the yard (behind the fence). Also store a 1 ton (?) truck there. This is much more than administrative tasks

  07/28/2018 · Flag Flagged
• 

  Matthew W (Verified Official)

  Performed 2 site inspections in the morning and early afternoon hours and no commercial vehicles have been found on the property.

  07/30/2018 · Flag Flagged
• 

  Red (Registered User)

  you need to go on the weekend or evening. the truck is out working during business hours. there is commercial inventory stored behind the fence which is visible.

  08/10/2018 · Flag Flagged
• 

  Red (Registered User)

  

  photo of truck and workers loading materials on Saturday morning

  08/13/2018 · Flag Flagged
• 

  Red (Registered User)

  Has this been addressed? The truck and building materials/inventory behind the fence are there every day. Shall I send more pictures? Please go on a rainy day!

  02/10/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  Yes the owner has been contacted and notified of our regulations. They are working on locating a better commercial site for their operations.

  02/11/2019 · Flag Flagged
• 

  Howie (Registered User)

  The HOA board has been receiving complaints on this for quite a while. Is there an update or a deadline?

  03/06/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  The last contact with the property owner was that they were going to be relocating the operation offsite. The City will check on the property later in the week to gauge how the process is being moved forward.

  The HOA may take any action allowed in their CC&Rs over this issue.

  03/06/2019 · Flag Flagged
• 

  Howie (Registered User)

  This homeowner missed every deadline he agreed to on his landscaping and has ignored us on this truck. The city has a lot more leverage it can exert than the HOA. Please give him very firm deadlines filed by citations. Or start issuing citations now. We are tired of the complaints and his ignoring our letters. How do we contact the city to discuss this?

  03/06/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  You have contacted the City regarding this issue.

  The City tries to work with property owner to correct issues before issuing administrative citations.

  03/06/2019 · Flag Flagged
• 

  Red (Registered User)

  They have had more than enough time to work on this problem. This issue was reported months ago. They are in violation of city ordinances. Why is the city dragging their feet at this point in time. Action should be taken immediately. The neighbors are tired of looking at the commercial truck coming and going in the inventory that they have behind their fence.

  03/06/2019 · Flag Flagged
• 

  Howie (Registered User)

  The HOA has been trying to deal with this homeowner for over a year. The original complaint on this website was last July. Who can the HOA talk to at the city to try to get this moving? If you are the right person, do you have an extension at city hall that we can call.

  03/06/2019 · Flag Flagged
• 

  Howie (Registered User)

  Matt, we were able to get your contact information from the city website. Someone from the HOA will contact you about this. Thanks,

  03/06/2019 · Flag Flagged
• 

  Howie (Registered User)

  

  Picture taken Friday March 8 4 pm

  03/11/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  Thank you for the photo. Was the HOA going to contact me regarding the property beyond the Friday photo?

  03/11/2019 · Flag Flagged
• 

  Red (Registered User)

  The city has the authority to enforce city codes. Why do you need the HOA to be involved? Their ability to do anything is limited which is why we have brought this to the city. Cite them and enforce the city’s policies. That is what we need. Thank you

  03/12/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  Red, per your fellow HOA resident Howie's post on 3/6; he was going to have someone from the HOA call my office to review the property.

  03/12/2019 · Flag Flagged
• 

  Howie (Registered User)

  Red, I will represent the HOA board on this. I have left a message for Matthew to call me.

  03/12/2019 · Flag Flagged
• 

  Howie (Registered User)

  Red, I can send the you emails I have exchanged with Matthew. You can get my contact information from Real Manage. ranparai@ciramail.com

  03/13/2019 · Flag Flagged
• 

  Howie (Registered User)

  Red, The city is moving forward on this problem. For an update you can attend tonight's HOA meeting or get my contact information from RealManage

  04/16/2019 · Flag Flagged
• 

  Red (Registered User)

  So can we get an update? Business is still operating from this home.

  05/20/2019 · Flag Flagged
• 

  Howie (Registered User)

  After one fine was issued and paid, the city issued a permit. However, it does not allow employees to come to the house (they park on the street). I've emailed the city about this as well as the new gate which appears to be taller than the allowed 6 feet.

  05/20/2019 · Flag Flagged
• 

  Red (Registered User)

  Are you kidding? So the city gave them a permit to run a commercial business in our residential neighborhood? Was there a community meeting to discuss this? So the city has overridden our community rules? They are granting permission to park a commercial vehicle behind the fence, store commercial inventory, load and unload commercial vehicles and run a commercial business out of the house? When I wanted to put an addition on my house the city mailed notices to everyone asking for comments. Why wasn’t that done for this? This impacts the entire neighborhood. Employees are there loading and unloading all the time! What recourse do we gave? This sets a very bad precedent for our neighborhood!

  05/20/2019 · Flag Flagged
• 

  Howie (Registered User)

  My understanding is that all residential properties have the right to a permit to run a business but not to have the employees at the property. I am hoping the city looks at this and issues a citation. I came off the HOA board last month but am trying to follow up on this with emails to the city staff above Matt.

  05/20/2019 · Flag Flagged
• 

  Red (Registered User)

  It’s one thing to run a business, meaning doing your bookkeeping and paperwork at your home, versus storing commercial inventory, a commercial truck, and loading and unloading materials from your residential property. Employees arrive there everyday to load materials and get the truck. I can’t imagine that that is permitted by the city. These people have shown a flagrant disregard for any and all rules to date.

  05/20/2019 · Flag Flagged
• 

  Thomas M. (Registered User)

  still an issue, big trucked parked behind fence yesterday

  11/18/2019 · Flag Flagged
• 

  Red (Registered User)

  Seriously where is the city on this issue. They have a commercial truck, materials/inventory in the yard..
  The workers load and unload the truck at the property. This would appear to be a violation of their permit.

  11/18/2019 · Flag Flagged
• 

  Matthew W (Verified Official)

  Thank you for the comments. With the property owner's issued Home Occupation Permit from the Planning Department, he is within his rights to park this vehicle on his property.

  11/19/2019 · Flag Flagged
• 

  Red (Registered User)

  However he is not allowed to have employees there, correct? They load and unload commercial materials. They store commercial materials on the property. This is ridiculous to run a commercial business with a commercial truck "allowed" in a residential neighborhood. Our CC&Rs prohibit parking large trucks within view yet the city can override our community rules? Seriously sounds like over reaching on the part of the planning dept.as they are undermining our neighborhood with no input from the community. Who is responsible for following up to determine if the owner is following the guidelines set forth by the city? Clearly he is not!

  11/19/2019 · Flag Flagged
• 

  Red (Registered User)

  They are in total violation of their permit per the below:
  Contractors may obtain a Home Occupation Permit. However, in addition to the standard conditions listed above, additional conditions such as those listed below will be enforced:

  The activity shall be conducted as a home office only;

  Home occupations are limited to a maximum of two employees, which also reside at the home. No employees other than those limited by the provision above are allowed on the property. The property shall not serve as a meeting or gathering point in the course of business activities;

  No building or landscape materials associated with the home-based business shall be stored or accumulated on the property. This shall include any debris or refuse generated as a result of the business activity; and,

  All equipment and tools shall be stored indoors. No heavy equipment shall be stored on the property except those tools and machinery normally used on a residential property. Heavy equipment includes, but is not limited to, dump trucks, trailers and trailer-mounted equipment, "bobcats", backhoes, and scaffolding.

  11/19/2019 · Flag Flagged
• 

  Thomas M. (Registered User)

  While the truck storage might not be a violation all the other conditions are a clear violation. Other employees - non residents gather point, storing supplies. I believe the truck is actually a dump truck.

  11/19/2019 · Flag Flagged
• 

  Howie (Registered User)

  I am no longer on the HOA board. However, I called and spoke to Matt and to Greg. Greg is Matt's boss. They will be issuing citation for the dump truck being larger than 10,000 pounds GVR. It would help if someone could get a picture of the truck including license plate. Also send them pictures of any employees you see and any cars parked in front during the day including license plate. They have not seen any employees during any inspection.

  The city employees cannot take a picture of the truck while it is hidden behind the fence. It is considered trespassing.

  The fence is taller than the 6 foot limit allowed without a variance. They have been giving him time to either bring it down to 6 feet or seek a variance. A variance would require a hearing. Properties within a couple of hundred feet would get a hearing notice. If you get one please share it. The city staff agreed with me today that enough time has passed and that a citation is appropriate at this time to get the homeowner to do something.

  11/19/2019 · Flag Flagged
• 

  Red (Registered User)

  Thank you Howie! They have been violating their permit, city ordinances and our CC&Rs for far too long. I appreciate your follow through on this for the board and for our community. I will focus on trying to take pictures and will send them in. I’m glad the city will now be taking action.

  11/19/2019 · Flag Flagged
• 

  Red (Registered User)

  i have some pictures but can’t get them posted. Any update on this situation? Building materials are still there and now another smaller truck has appeared.

  01/11/2020 · Flag Flagged
• 

  Matthew W (Verified Official)

  The case has been closed as the fence has been modified, the contractor's truck has not been documented to be stored on-site for an extended period of time, and no evidence has been provided by the HOA as requested.

  01/13/2020 · Flag Flagged
• 

  Howie (Registered User)

  Matt,

  What did you ever request from the HOA? I am no longer on the HOA board. Through November, I gave you everything you requested from me. We have a very different view on this matter. You will do anything to help them get permits to run their business in our residential zoned neighborhood. You have always given them time extensions no matter how much time has elapsed. The only action that was ever taken was when I went over your head to your boss. The City of Walnut Creek needs to reevaluate whether your job is to help put a construction company in our neighborhood or whether it is to protect our neighborhood from this type of intrusion.

  If Red has pictures to send to you, please post your email address.

  01/13/2020 · Flag Flagged
• 

  RedTulip (Registered User)

  Have you taken this up with the Chief of Police, City Mayor, City Manager? This has lasted long enough. Time to move up. Ridiculous that a construction business is able to operate in a residential neighborhood this long. Post this on Nextdoor for community input.

  01/13/2020 · Flag Flagged
• 

  Howie (Registered User)

  If the fence/gate has been lowered and the dump truck in no longer on the property, there is probably no zoning violations with the permits that have been issued. Our CCRs do not permit commercial activity. The HOA would have to take legal action. I am not on the HOA board

  01/13/2020 · Flag Flagged
• 

  Matthew W (Verified Official)

  City of Walnut Creek Code Enforcement works with property owners to correct the violations on their property. The operation of a business out of a residence, construction offices included, are allowed per our zoning regulations. This operation requires a valid business license and a home occupation permit. The property owner was advised of the need to obtain this license and planning approval for the operation. He has obtained both of these licenses/approval. The property owner tried modifying his gate so that the vehicle would not be visible. After advisement of the fence height violation, he modified the fence height. He has corrected the violations on his property.

  Per your conversation with Senior Planner Kapovich, he requested your assistance in documentation of the physical model type of the work vehicle which had previously been stored on-site. No documentation has been received on this subject. If the Planning Department receives evidence as to the gross weight of the work vehicle, which I have not found being stored on the property for an extended period of time, as the issuing agency for the home occupation; they may elect to void the permit. Code Enforcement is not the agency which issues this permit.

  01/13/2020 · Flag Flagged
• 

  Howie (Registered User)

  Matt,

  So you expect me to look over his eight foot fence to see his truck? Or fly a drone to take pictures? As usual, I find your comments not to be helpful. Please set up a meeting with me, Senior Planner Kapovich and the City Manager and perhaps the mayor to discuss what has gone wrong during the 18 months you have been involved.

  01/13/2020 · Flag Flagged
• 

  Red (Registered User)

  

  The space behind the house is "open space" which means you can walk behind to see what is in the yard. Matt, they are in clear violation of their permit. They are storing construction materials in their backyard. They have a commercial truck parked there, it was there yesterday! Why are you overlooking and allowing this to continue? Should this now be taken to another department? As I outlined above their permit has restrictions and they are violating them. The city seems to be working hard to support these people violating the city and HOA rules versus helping the larger community enforce the rules.

  01/13/2020 · Flag Flagged
• 

  Matthew W (Verified Official)

  The Planning Department through their approved Home Occupation Permit has allowed the business owner to store an amount of work materials on-site. This is determined by the Planning Department at the time the application is submitted rather than by Code Enforcement. Evidence can be collected of possible issues with the home occupation, but the Planning Department is the agency which would review the specifics and determine whether or not to void their issued permit.

  I can check on the open space area to the rear of the property. If there is an open type of fencing, a visual search may be allowed. If the fencing is solid, maintained without deficiencies, and of a height that does not allow ready unassisted view; there may be 4th Amendment search issues.

  01/13/2020 · Flag Flagged
• 

  Red (Registered User)

  There is open fencing in the back of the property. It is accessed from the other side of Arbolado Dr. So the Planning dept gave them a variance to the city's own policy which precludes contractors from having landscaping materials stored at the residence? Did they bother to consult with the HOA? Or anyone that lives here? Can the planning dept amend the permit to not allow this variance?

  01/13/2020 · Flag Flagged
• 

  Howie (Registered User)

  The "open space" is HOA owned and is easily accessible from a couple of driveways off of Arbolado. All houses that back up to this space should have an open metal fence and not a wood fence. You might be able to tell the fencing from Google Earth.

  01/13/2020 · Flag Flagged
• 

  Red (Registered User)

  Howie I would love to go to a meeting with the planning dept which would not allow any “variance” when I did a remodel. We are considered a planned community development which meant no variances without a hearing. So since they gave these homeowners a huge variance to city regulations I’d love to be a part of your meeting!

  01/13/2020 · Flag Flagged
• 

  Matthew W (Verified Official)

  The Planning Department may allow the storage of the materials on-site when disclosed and discussed at the time the application is submitted. This does not require a variance or any neighborhood input. The development's own CC&Rs would not prevent the City from allowing an activity allowed anywhere else in the City to also occur within your development.

  01/14/2020 · Flag Flagged
• 

  Howie (Registered User)

  The homeowner is probably in compliance at this time with his permits. This issue is the process the city used during the last 18 months in giving preference and all the time he claimed he needed to the homeowner without any consideration for the neighborhood. I think Planning needs to use some judgement in issuing the permits. I think the zoning officer needs to meet with Planning when the permits were being considered to explain what the circumstances are within the neighborhood. I blame Matt for this and believe the City of Walnut Creek needs to define his role more carefully so that he does not define it as it is currently biased towards getting permits issued instead of enforcing the zoning taking into account and CCR restrictions. Matt, please set up a meeting with the City Manager. I think this is my third or fourth request for this meeting.

  01/14/2020 · Flag Flagged
• 

  Red (Registered User)

  Matt the city's own guidelines for a permit clearly state that no landscape materials may be stored so why would the city allow it? Why have guidelines and rules if they then are going to overlook them for certain individuals? So the city allows commercial entities to run their business and store their construction materials in residential neighborhoods? They can have huge dump trucks parked on the site and have employees come and go? This is widely done in the city? These things are expressly forbidden per the home occupation permit guidelines..

  01/14/2020 · Flag Flagged
• 

  Howie (Registered User)

  What needs to change is the priorities of the zoning officer from doing everything he can to delay enforcement to help the business. There was never any thought at not helping him get whatever permits he needed including delay after delay after delay. The only fines that were issued was when I went over Matt's head and his boss agreed that too much time had elapsed. Matt is the sole reason that this has taken over 18 months. We need to get our elected officials to reset his priorities.

  01/14/2020 · Flag Flagged
• 

  Red (Registered User)

  Matt in think about this why would they be granted the ability to store materials at a location where employees are not allowed? Some of the materials that are visible are large rolls of material which could not be managed by the homeowners. Taking deliveries of those materials would also pose a violation. So what specifically are they allowed to store there?

  01/14/2020 · Flag Flagged
• 

  Matthew W (Verified Official)

  The Planning Department used their discretion upon the review of the property owner's proposed operation of his business and they approved the storage of materials & work vehicle on the property. My division is not involved in the receipt, review, or approval of home occupation permits. As it is a discretionary permit approved by Planning, the voiding of said permit is done at the planning management level. The information the neighborhood has provided has been provided to Planning. They have not advised me that they are voiding this permit. As its been approved and he appears to be following his approvals, there is no violation for me to enforce upon.

  01/15/2020 · Flag Flagged
• 

  Howie (Registered User)

  Matt,

  Red emailed pictures of materials delivery by a vendor to this house. I forwarded them to you and to Greg. Does this delivery violate their permit?

  Thanks, Howie

  01/15/2020 · Flag Flagged
• 

  Thomas M. (Registered User)

  

  Putting the truck away at end of workday, about 4:30 pm 2/21/20. The gate was wide open and plenty of stuff stored there. When I took the pic the workers pulled out their cameras and actually took my picture!

  This kind of business does not belong in Rancho Paraiso

  02/22/2020 · Flag Flagged
• 

  Howie (Registered User)

  Please post any other pictures you took especially if they show workers

  02/22/2020 · Flag Flagged
• 

  Thomas M. (Registered User)

  I didn't think to get pics of workers, next time

  02/22/2020 · Flag Flagged
• 

  Red (Registered User)

  Tom did you get any other pictures?

  02/22/2020 · Flag Flagged
• 

  Howie (Registered User)

  3:40 pm. The truck just drove past the camera. Driven by an Hispanic man.

  02/22/2020 · Flag Flagged

Public commenting and status changes are not available for this issue.