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Home My WebLink AboutMINUTES - 09181984 - X.11 1 TO: , BOARD OF SUPERVISORS Contra FROM: Supervisor Tom Torlakson Costa DATE: September 18, 1984 County SUBJECT: Land Use Permit 2203-75 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION BACKGROUND On February 15, 1983, the Board of Supervisors directed that the Planning Department and other relevant County departments closely monitor Land Use Permit 2203-75 and see that its provisions were enforced thoroughly and on schedule. As of September 5, 1984, the conditions of the .Land Use Permit still had not been met. (see attachment) RECOMMENDATION Refer to County Director of Planning for an immediate response as to why the the conditions of LUP 2203-75 remain unmet and, Request the Director of Planning to prepare a status report on this matter to be presented to the Board either as part of the Determination Calendar or as part of the ten-thirty hearing calendar. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON September 18, 1984 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENT I, III ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN.. r� CC: Director of Planning ATTESTED 4rn . poi /9a County Administrator PHIL BATCIiELOR, Clerk of the Board of Supervisors and County Administrator ®02'72 M382/7-83 BY - DEPUTY in- save � ,� mounT DIABLO Septe-ber 5 , 1984 -oTM, ''orl a_'cson, ✓hai-man -,oar-i of Junervisor.s Contra Cos -a County .r'. 7 o x 91 1 Jear Sucervisor `"orlakson: Inclosed is a tory or a letter ,.ted August 9 , 1984 -:;ith Our comments on the "Environmental 'e^Ort on a Timitea Area Of _:Ortri Pea= , .:OUnt _J13.b10 , Cal.�Orn=a�� by mil a ? Lebad e . e are for:•aardinc- a cony of 'his correspondence t0 you because we remain concerned that the conditions of Lard Use Permit 2203-75 have not been met after 11 months la.z)se in tire. It is our understanding that a field trip will be ta -en to ?:orth Peak on Friday, September 7, 1984• Harvey Bragdon and Donna Lndom of the County planning staff will be present . de hope action will. be forthcomin thereafter. Your action is requested. respectfully submitted, SA TBrTCU�T DIABLO Robert y. Doyle, President cc: Supervisor Nancy C . Fanden Supervisor Sunne Wright McPeak Supervisor Tom Powers Supervisor Robert I. Schroder Director of Planning Anthony A. Dehaesus OQN� 'MOUNT DIABLO IS A NATIONAL NATURAL LANDMARK" fSm X415) 885-5315 • POST OFFICE BOX 25 • CONCORD, CALIFORNIA 94522 CU:iDITIONS OF APPROVAL FOR LAND USE PERMIT 2203-75 (Revised) 1 . This application is approved for six communication towers and five equipment shelters, subject to the following conditions : 2 . This permit is granted to Knox La Rue and heirs only for Sites 3, 4 , 5 and 6 , and is not transferable except by acquisition by a public agency. Standard Oil Company of California shall be the permittee on Site #2 . 3 . Approval is granted specifically .for: A. Site 2 (Standard Oil) : Microflect guyed tower (or similar) , not to exceed 70-ft. , and an ap_oroximately 10 ' x 26 ' x 9 ' equipment shelter. B. Site 3 (Knox La Rue) : 12 ' x 16 ' x 8 ' equipment shelter . C. Site 4 (Knox La Rue) : One guyed tower, not to exceed 90-ft. , and one 8 ' x 27 ' x 8 ' equipment shelter . D . Site 5 (Knox La Rue) : Two guyed towers , not to exceed 90-Ict. , each, and one 13 ' x 18 ' x 8 ' equipment shelter. E. Site 6 (Knox La Rue) : Two guved towers , not to exceed 90-ft . , each, one 8 ' x 27 ' equipment shelter. 4 . Prior to any site work or r`auest for building permit, a precise plot plan shall be submitted for each facility for review and approval by the Zoning Administrator. Precise plot plans shall include the following: A. The exact location and size of the proposed facility. B. A paint scheme to blend with the surrounding background. C . The route and method for providing electrical power to the proposed facility. D . A statement as to the proposals compliance with the condition cf approval contained herein. � . A statement from a qualified botanist and/or biologist as to the project ' s impact on the environment. 5 . Pro_csed electric power shall be undergrounded at a point immed- �ately south of site Tr 6 . The overhead power lines approved with this application shall be subject to further evaluation (undergrounding, relocation, removal or retention) at the required reviews. 7 . Any additional generator/transformer shall be subject to review and approval by the Zoning Administrator prior to placement. 8 . Location of all power lines from existing or proposed generators/ transformers shall be subject to Zoning Administrator review and approval . 9 . The permittees shall obtain any necessary permits and approval from the County Building Inspection Department and the Grading 22013-75 - 'P9 . 2 Division of the Building Department. 10 . Any expansion of the facilities beyond the limits of this permit will require the filing of a new land use permit. 11 . This permit shall expire June 1, 1997, and shall be reviewed every five years at public hearing before the County Planning Commission for the purpose of determining the need to add, de- lete or change conditions. The next review shall occur in June 1987, and shall be initiated by the permittees submitting state- ments as to continued compliance with the conditions of approval to the County Planning Department no later than May 1, 1987. The statement shall be accompanied by a . complete set of dated photo- graphs of each permittees improvements. 12 . Each permittee shall submit no later than July 1, 1983 , site by site details of all facilities on the permittees sites including : A. Size of all buildings; B. Existing and anticipated maximum height of antennas. C. Existing and anticipated number and size of microwave dishes . D. Size of tower base and footing. E. Existing and anticipated maximum width of tower face. F. Spread, location and base/footing of guys. 13 . All structures shall be removed upon termination of this use. A qualified biologist/botanist, or resource specialist shall super- vise the removal of any structure. 14 . The conditions contained herein shall be acceptable by the permitt- ees and their agents, lessees, assignees, survivors or successors for continuing obligation. 15 . The sites shall be maintained in an orderly manner for the general public health, safety and welfare subject to review by the Zoning Administrator. 1F Transmitting and receiving antennas, including microwave dishes and power lines, may only be located on approved facilities. No such equipment shall .at any time be located even temporarily, on buildin s, poles or vegetation, except during an emergency for the purpose of restoring communication services. Should such an emergency occur, the permittee shall immediately advise the Planning Department by letter stating the nature of the. emergency, the nature of the temporary relocation and the anticipated repair time. 17 . No later than July 1, 1983, the permittee shall submit a report on the feasibility of using alternatives to microwave dishes at ite #4 and #5. The report shall address the visual impacts of m crowave equipment, alternative designs (colors, screening, open gr work, etc. ) . Mitigations/recommendations of the report, sub- jec to the Zoning Administrator review qnd apprgval, may be in- corpo aced into this condi:iigp� V , . 2iri 2_03-75 - Pg 3 .;Replacement equipment shall not exceed in size that currently on site—{exeepte tower maximum height defined in Condition 3) except as required by FCC for technical reasons or _b1 jj: =ng;' codes for structural safety reasons subject tq__ap7i- by the✓ Zoning Administrator. / ;19 . Antenna height shall be •limt-ed to a maximum 7.o L`'. ,I.above t , - height. / 3i . TV communication equipment shall be limited-,,6 -hat approva ., , Site #r6 . 21 . The permittees) shall ccmply with the recommendations! of the biotic report submitted December 7 , 1982 , as follows : \ A. No construction or site work shall occur without super�_�isicr. by a qualified botanist/biologist. E. Any proposed construction access routes or areas shall be clearly staked and acoroved by the supervisor required by 21 . (A) above. -C. Existing Lewisia redeviva shall be located , staked an protec within 100-f t. , of the sites no later thary �u i v C / _ . rrprehensive report and thorough inventory of the area within 100-ft. , of the sites shall be undertaken to include the -ollowinG: 1 . Complete detailed mapping of microhabitats (rock over- hangs, trees, talus, slopes; etc . ) . 2 . Germination tests of soil samcies to determine seeds present. 3 . Ethncbotanical studies should be performed. 4 . Species specific studies. This report shall be submitted no later than January 1, 1984 . 22 . Ton-compliance with any condition by a permittee may be cause to revoke this permit as related to the non-ccnfor:ning permittee only, after due notice and public hearing. 23 . The area around all facilities shall be kept free of all extran- eous material . Clearing of the sites shall only be allowed to the degree necessary to prevent fire hazard . 24 . That the existing wood structure on Site 14 be removed by July' 1, 1983 . s 25 . That an archeological survey be submitted addressing the area within 100-ft . , of the sites no later than July 1, 1983 . KLW: -lp9alup 2/17/83 3/17/83 3/22/83 - Revised, Co.P/C �' � ,3