HomeMy WebLinkAboutMINUTES - 09261995 - D8/ D
Contra
TO: BOARD OF SUPERVISORS nt _ Costa
O.
FROM: HARVEY E. BRAGDON " Count
DIRECTOR OF COMMUNITY DEVELOPMENT '
s�A`cOUDi'i"lGA
DATE: SEPTEMBER 26, 1995
SUBJECT: APPEAL OF CONDITIONS OF APPROVAL OF LAND USE PERMIT #942071 FILED BY
JOHN G. SWAHN (APPELLANT) . WES ANDERSON (APPLICANT) - ROBERT BUTLER
(OWNER) . SITE IS LOCATED AT THE SOUTHERLY TERMINUS OF WILLOW ROAD WEST
ON BETHEL ISLAND.
SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the appeal and uphold the decision of .the East County
Regional Planning Commission to approve the request to
establish the marina subject to attached Conditions and
Mitigation Monitoring Program (Attachment A) .
2 . Adopt the findings of the East County Regional Planning
Commission as the reasons for this approval.
3 . Find the environmental documentation for this project complete
and adequate.
4 . Alternatively, grant the appeal and modify the Conditions of
Approval of Land Use Permit #LP942071 as requested by
appellant.
FISCAL IMPACT
None.
BACKGROUNDJREASONS FOR RECOMMENDATIONS
This application is a request to establish a marina for 25 boats on
land zoned Retail Business and designated Commercial,-Recreational
on the County General Plan.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIHffi
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD •ON September 26, 1995 APPROVED AS RECOMMENDED x OTHER x
See Addendum for Board action.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT II TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:ART BERESFORD 646-2031 ATTESTED September 26, 1995
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Public Works, THE BOARD OF SUPERVISORS
Attn: Mitch Avalon A COUN DMINISTRATOR
Wes Anderson
Robert Butler BY J , DEPUTY
AB:df
Page Two
The application had numerous hearings before the County Zoning
Administrator. There were questions of development on wetlands.
Mr. Butler has mitigated the filling of about .4 of an acre of
land. The development of the site is to be confined to the area of
the property within the area behind the mitigated area that the
Bethel Island Municipal Improvement District established when they
did recent levee maintenance.
The Zoning Administrator approved this application on June 12, 1995
with revised Conditions that allowed for a 25 boat marina rather
than the 23 boat marina recommended by staff. Staff had
recommended the elimination of boat berths at the north side of the
proposed marina to give more space between this marina and any
possible marina to the north.
At their August 7, 1995. hearing the East County Regional Planning
Commission took testimony for the applicant, owner and neighbors.
The appellant of the Zoning Administrator decision was Mr. John
McNamara.
After taking testimony the East County Regional Planning Commission
closed the hearing and voted to approve LP942017 subject to
attached Conditions of Approval (Attachment A) .
On August 17, 1995, Mr. John G. Swahn appealed the decision of the
East County Regional Planning Commission. He requested that the
applicant be required to meet additional Conditions of Approval.
A copy of the appeal letter is attached.
The points appealed and staff ' s responses as follows:
"1. Property rights and values will be adversely affected by
allowing the use of a privately maintained road (Willow Road West
was offered for dedication to Contra Costa County over 20 years ago
and has never been accepted due to it's substandard condition) that
presently services less than 20 single family homes. Applicant
should be required to bring Willow Road West up to County
specifications. "
The requirement to improve Willow Pass Road West to public road
standards was discussed at the August 7, 1995 East County Regional
Planning Commission meeting. The Commission dedided not impose
this requirement. It would rather onerous to require a small (24
covered and 1 uncovered) marina, especially one without boat
launching facilities, to bring approximately 1, 500 feet of road up
to County standards. The Conditions of Approval require the
applicant to improve Willow Road West from the end of existing
paving to the proposed marina site (Condition 17-C) .
112 . As a Condition of Parcel Map 78-90 Contra Costa County
required the owners to dedicate in excess of 5, 000 square feet of
property for a future extension of Willow Road West with
specifically approved alignment, this alignment is not part of the
approval for this applicant and should be. "
The appellant's concern here is that the Willow Road West extension
could be placed further on his and other properties.
The Public Works Department required the applicant to submit a
sketch plan showing the proposed road alignment (Condition 17-E)
for their review and approval. Under Public Works review one would
expect that the road would lie within the planned alignment for the
Willow Road West extension as previously approved and as shown on
previous recorded maps.
113. The applicant should be required to have a paved road from the
extension of Willow Road West to the subject property. Presently
the approval appears to allow the applicant to gravel this road if
paving is not feasible. "
Page Three
Condition #17-C requires that a paved road be built from the end of
paving on Willow Road West to the proposed marina site.
114 . The applicantshould be required to enter into a roadway
maintenance agreement for the existing Willow Road West roadway
until such time the County accepts responsibility for maintenance.
and is in dire need of repair. This road was completed in 1973 and
never accepted by the County and is in dire need of repair. "
Condition #17-K requires that the applicant attempt to enter into
a road maintenance agreement for Willow Road West. An agreement to
maintain a particular private road requires that all persons
involved be agreeable to the creation of a road maintenance
agreement. Thus, the requirement that the applicant only attempt
to create a road maintenance agreement with other property owners
on Willow Road West. To require him to enter into a road
maintenance agreement could preclude his development if only a few
persons did not want to establish such a road maintenance
agreement.
115 . All of the utilities on Willow Road West are presently
underground, any and all extension of these utilities should also
be underground to conform to the rest of our neighborhood. "
Condition #17-J requires all new utility distribution facilities to
be installed underground.
As can be seen, most of the points brought up by Mr. Spahn have
been addressed by the Conditions of Approval for LP942071. The
only exception is the request that the developer of this marina
improve the entire length of Willow Road West.
in the opinion of the East County Regional Planning Commission it
would be a burdensome Condition to require the developer of this
marina to improve a road up to public road standards used by up to
26 other properties.
Enclosed are letters received from a Mr. Voll in late July. These
letters were received after the appeal of the Zoning
Administrator's decision shortly before hearing by the East County
Regional Planning Commission. Also enclosed is a letter received
at the East County Regional Planning Commission meeting of August
7, 1995 from Mr. McNamara, the appellant at that time.
Alternative:
Should the Board determine or intend to grant the appeal and
require the developer to improve the existing Willow Road West to
County public road standards from Bethel Island Road to the site of
the proposed marina, staff should first be directed to document the
nexus between the approval granted and the imposition of such an
economic burden on the project.
ADDENDUM TO ITEM D.8
SEPTEMBER 26, 1995
This is the time noticed by the Clerk of the Board of Supervisors for hearing on
the appeal by John G. Swahn (appellant) on behalf of Wes Anderson(applicant) and
Robert Butler(owner), from the decision of the East County Regional Planning
Commission on the application for a covered berth boat marina with an additional
uncovered berth, a 920 square foot office/laundry building, parking area (27 spaces) and
access roads in Bethel Island (LUP 2071-94).
Dennis Barry, Community Development Department, presented the staff report on
the matter.
The hearing was opened and the following persons presented testimony:
Wes Anderson, P.O. Box 427, Bethel Island;
John McNamara, 3041 Willow Road West, Bethel Island;
Conn Findlay, 3123 Willow Road West, Bethel Island;
Barry J. Bolt, Drawer 70, Harbor Road, Bethel Island.
Mr. Anderson spoke in rebuttal.
Mitch Avalon, Public Works Department,presented a report on Willow Road
West.
The public hearing was closed.
The Board voted to re-open the hearing to allow Mr. Butler to present testimony.
Following a brief recess to allow the parties to meet, Mr. Barry advised of a
proposal suggesting that prior to the issuance of any building permit for pile driving or
any other activity, that adequate proof of access be shown to the Public Works
Department for their satisfaction.
Mr. Avalon advised of an additional condition on road maintenance that the
applicant would be required to draft a road maintenance agreement for Willow Road
West to be used as a framework for other parties to enter into.
Supervisor Torlakson moved approval of the staff recommendations with the
additional language. Supervisor Rogers seconded the motion.
IT IS BY THE BOARD ORDERED that the staff recommendation 1, 2, and 3 are
APPROVED with the additional language as recommended by staff.
►►ArnAC11N1ENT ►►A►'
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2071-94AS APPROVED BY THE
EAST COUNTY REGIONAL PLANNING COMMISSION ON AUGUST 7, 1995.
1. This application is approved generally as shown on the revised plan submitted and dated
received by the Community Development Department on December 27, 1994.
2. Prior to issuance of building permits, submit a landscape and irrigation plan for the review and
approval of the Zoning Administrator. The landscape plans shall indicate that a suitable row
of trees and/or bushes shall be planted along the northerly side of the site to help screen it
from neighboring properties. The landscape plan shall also include fencing plans for fencing
along the northerly side of the property as well as fencing to separate the wetlands area from
the active use areas of the site. The landscaping shall consist of suitable 5-gallon bushes and
15-gallon trees. The landscaping shall be installed prior to final inspection for building
permits.
3. Prior to issuance of any building permits on the site, a final review of the plans shall be
conducted by the suitable Federal and State agencies at the request of the developer and
documentation shall be submitted that all mitigation necessary for wetlands have been
accomplished,
4. Health Services Department Requirements: Prior to issuance of a building permit, provide
evidence to the Zoning Administrator that the proposed development compiles with the
requirements of the Health Services Department including potable water supply and sewerage
disposal.
5. No outside storage of trailers, recreational vehicles, travel trailers, mobile homes or boats are
allowed.
6. There shall be no caretaker living on the site nor shall people be allowed to live permanently
-- on their boats other than one live aboard is allowed for security purposes.
7. The Zoning Administrator shall review and approve the exterior finish of the proposed office,
restroom and laundry. The office, restroom and laundry as well as the boat dock shall be
connected to corrununity sewer. The review and approval of the Zoning Administrator shall
occur prior to the issuance of building permits for the buildings on the site.
8. Prior to issuance of building permits, submit architectural and color renderings of the boat
storage buildings for the review and approval of the Zoning Administrator. The design of the
building shall be kept in keeping with nautical themes.
9. There shall be no launching of boats from this facility. If there is a wish to develop a boat
launching facility that will require an additional land use permit approval.
2
10. There shall be no residence constructed on the site as a result of this permit. If a residence
is to be constructed on the site, then a further land use permit for building will be required.
11. Any exterior lighting shall be low glare and deflected onto the subject property in a direction
which shines away from surrounding parcels and development. The lighting plan shall be
submitted for the review and approval of the Zoning Administrator prior to issuance of
building permits.
12. Sign shall be subject to the review and approval of the Zoning Administrator. One free
standing non-illuminated sign will be permitted. No pennants, banners, balloons or flags
(other than the United States or California State flag) shall be permitted.
13. No refuse container shall be visible from neighboring property. If refuse containers are
constructed, the material used shall be subject to the review and approval of the Zoning
Administrator.
14. The parking area and access driveway graveled with a low dust gravel surface well
compacted.
15. Should archaeological materials be uncovered during grading, trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a profes-
sional archaeologist who is certified by the Society of Professional Archaeology (SOPA) has
had an opportunity to evaluate the significance of the find and suggest appropriate mitiga-
tion(s), if deemed necessary.
16. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. Noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on state and federal holidays. The restrictions on allowed working
days may be modified on prior written approval by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition and shall locate
stationary noise-generating equipment such as air compressors and concrete pumpers
as far away from existing residences as possible.
C. At least one week prior to conunencement of grading, the applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary of the
project site notice that construction work will commence. The notice shall include a
list of contact persons with name, title, phone number and area of responsibility. The
person responsible for maintaining the list shall be included. The list shall be kept
current at all times and shall consist of persons with authority to indicate and
3
implement corrective action in their area of responsibility. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehi-
cles, erosion control, and the 24-hour emergency number, shall be expressly identified
in the notice. The notice shall be re-issued with each phase of major grading and con-
struction activity.
A copy of the notice shall be concurrently transmitted to the Community Develop-
ment Department. The notice shall be accompanied by a list of the names and ad-
dresses of the property owners noticed, and a map identifying the area noticed.
D. A dust and litter control program shall be submitted for the review and approval of
the Zoning Administrator. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall not
be allowed to,resume until, if necessary, an appropriate construction bond has been
posted.
E, The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed roads
serving this development shall be constructed to provide access to this site. This shall
include provision for an on-site area in which to park earth moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week days between
the hours of 9:00 AM and 4:00 PM.
G. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
17. Prior to the issuance of a building permit, the applicant shall provide evidence to the Zoning
Administrator that the following requirements of the Public Works Department have been
satisfied. The following requirements pertaining to drainage, road and utility improvements
will require the review and approval of the Public Works Department:
A. General Requirements:
1) This development shall conform to the requirements of Division 914
(Drainage), the remainder of Title 9 of the Subdivision Ordinance and Title
10. Any exceptions therefrom must be specifically listed in this conditional
approval statement. Drainage, road and utility requirements are based on the
plan submitted on April 6, 1995 and shall be subject to the review and
approval of Public Works.
2) Improvement plans prepared by a registered civil engineer shall be submitted
to the Public Works Department, Engineering Services Division, along with
4
review and inspection fees, and security for all improvements required by the
Ordinance Code and the conditions of approval for this project.
B. Roadway Improvements (On-site):
The property owner shall execute a deferred improvement agreement requiring the
property owner of the property involved in Permit 2071-94 to construct the following
improvements. The improvements shall not be required unless there is a connection
immediately of the project to a public roadway.
1) Improve Willow Road est along the frontage of this property to at least a 24-
foot roadway with 2-foot shoulder backing. The alignment shall be con-
structed to County collector road standards. Exceptions to the collector road
standards may be allowed subject to the review and approval of Public Works.
The roadway shall be located at least 10-feet from each right of way line to
facilitate future widening to its ultimate width. The roadway improvements
shall also allow an area for future construction of a 5-foot bicycle path and a
5-foot pedestrian path along the north side of the roadway. If the path cannot
feasibly be placed within the proposed right of way, a separate pedestrian and
pedestrian easement shall be provided outside of the public road right of way.
The deferred improvement agreement shall include mitigation of any wetlands
impacts associated with the construction of the Willow Road West improve-
ments through this property.
2. At the time the deferred improvement agreement is called up, submit
improvement plans to the Public Works Department, Engineering
Services Division, for review; pay the inspection fee, plan review fee
and applicable lighting fees.
C. Roadway Improvements (Off-site):
The applicant shall improve Willow Road from the end of the existing pavement to
the Applicant's property. The new road shall be a 24-foot paved roadway with 2-foot
shoulder backing located within the ultimate alignment easement. The roadway shall
be constructed to current County public road standards so that it can ultimately be
widened to at least a 32-foot roadway width in accordance with County public road
standards. Additional road or drainage easements may be needed to provide for
drainage. The road improvements shall allow for future construction of a 5-foot
bicycle path and pedestrian path along the east side of the roadway.
D. Access to Adjoining Property:
Proof of Access/Acquisition
1) Applicant shall furnish proof to the Public Works Department, Engineering
Services Division, of the acquisition of all necessary rights of way, rights of
entry, pen-nits and/or easements for the construction of off-site, temporary or
permanent, road or drainage improvements.
2) Applicant shall furnish proof to the Public Works Department, Engineering
Services Division, that legal access to the property is available from Bethel
Island Road.
Encroachment Permit
3) Obtain an encroachment permit from the Application & Permit Center for
construction of driveways, or other improvements within the right of way of
Bethel Island Road, if necessary.
E. Road Alignment:
Prior to starting work on improvement plans, submit a preliminary sketch plan to the
Public Works Department,Engineering Services Division, showing the horizontal and
verticalalignment of the on-site and off-site road improvements required for
development of this property. The sketch plan shall be subject to the review and
approval of Public Works and shall extend at least 250 feet beyond the limits of the
proposed work. The alignment shall consider wetland areas and appropriate wetland
mitigation.
F. Road Dedications:
1) Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the planned future width of 60 feet along the frontage of Willow
Road West. The alignment shall be essentially along the westerly property
line of this property, and shall align with the existing ultimate road dedication.
2) Applicant shall convey to the County, by Offer of Dedication, 5-feet of
additional right of way for an pedestrian trail along the north side of Willow
Road West subject to the review and approval of Public Works.
fi
G. Street Lights:
Street lights will not be required along the frontage of this property at this time due
to the non-residential nature of this area and the rural location. However, the
applicant shall annex this property to County Service Area L-100 for maintenance of
street lighting in the area. Application for annexation to CSA L-100 Lighting District
shall be submitted prior to issuance of building permits or commencement of use.
H. Bicycle- Pedestrian Facilities:
Bicycle Circulation (Commuter/Recreation)
Pedestrian Access
1) All public and private pedestrian facilities and access ways shall be designed
in accordance with Title 24 (Handicap access) and the Americans with
Disabilities Act. This shall include all sidewalks, paths, trails, driveway
depressions, as well as handicap ramps.
I. Parking:
This project shall provide adequate parking to eliminate the need for on-street parking
along Willow Road West, subject to the review and approval of the Zoning
Administrator.
I Utilities/Undergrounding:
All new utility distribution facilities shall be installed underground.
K. Maintenance of Facilities:
Applicant shall attempt to enter into a maintenance agreement with the Willow Road
West homeowners that will insure that this property shall share in the maintenance of
Willow Road west.
L. Drainage Improvements:
Collect and Convey
1) Division 914 of the Ordinance Code requires that all storm waters entering or
originating within the--subject property shall be conveyed without diversion
and within an adequate storm drainage facility, to a natural watercourse
Z
having definable bed and banks, or to an existing adequate public storm
drainage facility which conveys the storm waters to a natural watercourse.
2) Conveying storm waters in an adequate storm drain system to a Municipal
Improvement District or Reclamation District drainage facility serving the area
is acceptable, provided the applicant obtains a letter accepting the drainage.
3) Storm drainage facilities required by Division 914 shall be designed and
constructed in accordance with specifications outlined in Division 914 and in
compliance with design standards of the Public Works Department.
4) Discharging concentrated storm water into roadside ditches is prohibited by
the Ordinance Code. However, as roadside ditches are characteristic of the
area, an exception from this requirement is granted provided the applicant
verifies the adequacy of the downstream ditch system or constructs any
necessary improvements to make this system adequate.
Miscellaneous Drainage Requirements
5) The applicant shall install within a dedicated drainage easement any portion
of the drainage system which conveys run-off from public streets.
M. Levees:
1) Landscaping of the levees shall be.subject to the review of FEMA, the
Reclamation District, and the entity which will accept the levee for mainte-
nance, and the review and approval of the Zoning Administrator.
2) The applicant shall submit the final groundwater monitoring plan for review
by the Reclamation District and the review and approval of the Zoning
Administrator prior to beginning any construction that requires dewatering to
commence.
3) A 100-foot setback from the centerline of all levees shall be maintained unless
a reduction is allowed subject to the review of the Reclamation District and
the review and approval of the Zoning Administrator. Prior to issuance of a
building pen-nit, the applicant shall provide evidence acceptable to the Zoning
Administrator that the proposed office structure complies with the levee
setback requirements of the Bethel Island Municipal Improvement District.
4) Land rights for the levee shall be granted to the Reclamation District pursuant
to the standards and requirements of the Reclamation District, subject to the
review and approval of the Zoning Administrator.
N. Portions of Road Near Creeks:
Those sections of public roads, or private access roads, which fall within the
approximate structure setback area of the creek shall be subject to additional stability
analysis. If sections of the roadway fall within the structure setback area as defined
by the Ordinance Code, then the applicant shall submit a soils and geotechnical report
verifying the stability of the creek bank in the vicinity of the access road prior to
construction of the roadway.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF
APPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY
NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF
ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO
PROCEED WITH DEVELOPMENT.
A. Comply with the requirements of the Ironhouse Sanitary District.
B. Comply with the requirements of the Bethel Island Fire Protection District.
C. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures.
D. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Bethel Island Area of Benefit and the East Contra Costa County
Subregional Mitigation Fee Area of Benefit as adopted by the Board of Supervisors.
E. The project lies within the 100-year flood boundary as designated on the Federal Emergency
Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood
Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90-
118) as they pertain to future construction of any structures on this property. Prior to the
issuance of a building permit or grading permit, provide evidence of compliance with the
Floodplain Management Ordinance. A Floodplain permit may be required. Prior to seeking
a building permit, the applicant is encouraged to meet with the Public Works Department
Permit Technician in the Applicant &Permit Center (646-1623) to determine what measures
will need to be followed to comply with the ordinance.
F. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systems (NPDES) for municipal, construction and
industrial activities as promulgated by the California State Water Resources Control Board,
or any of its Regional Water Quality Control Boards (San Francisco Bay - Region II or
Central Valley - Region V).
G. This project may be subject to the requirements of the Department of Fish & Game. It is the
applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville,
California 94599, of any proposed construction within this development that may affect any
fish and wildlife resources, per the Fish & Game Code.
H. This project maybe subject to the requirements of the Army Corps of Engineers. It is the
applicant's responsibility to notify the appropriate district of the Corps of Engineers to
determine if a permit is required, and if it can be obtained.
I. Comply with the requirements of the California State Lands Commission and California
Department of Boating and Waterways.
AB/aa
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5/15/95
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