HomeMy WebLinkAboutMINUTES - 09261995 - D9 Contra
Costa
TO: �„ BOARD OF SUPERVISORS
U("� u
nty
_ r c u��J o
FROM: Harvey E. Bragdon
Director of Community Development
DATE: August 1, 1995
SUBJECT: Hearing on Appeal of Bauman Landscape Inc. from the determination of
the County Zoning Administrator to require a Land Use Permit for the
concrete crushing business located at 115 Brookside Drive (APN: 408-
202-005) in the North Richmond area of the County.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . DENY the appeal of Bauman Landscape Inc.
2 . UPHOLD the Zoning Administrator' s determination - that the
concrete crushing business constitutes a recycling business
which requires a land use permit in P-1 and H-I zoning
districts .
3 . DIRECT Bauman Landscape Inc.to file the land.. use permit
application with the County Community Development Department OR
cease and desist the operation within the next 10 days .
FISCAL IMPACT
None
CONTINUED ON ATTACHMENT: x YES SIGNATURE : `
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE
APPROVE OTHER
S I GNATURE (S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED _X_ -OTHER
The public hearing was o ed and testinony was presented by Mike Bauman, 115 Brookside Drive,
Richmond, appellant. The- public hearing was closed and the Board discussed the matter, and
on recommendation of Supervisor Rogers, APPROVED-'the staff recommendations.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT �L ) 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.
Source: Aruna Bhat
646-4208
ATTESTED-
Orig. Dept. Community Development PHIL TCHELOR, CLERK OF
cc: Bauman Landscape Inc. THE' BOARD OF SUPERVISORS
Public Works AND COUNTY ADMINISTRATOR
Redevelopment Agency
BY , DEPUTY
BACKGROUND/REASONS FOR RECOMMENDATIONS
Staff received a letter from the North Richmond community enquiring
about the legality of the concrete crushing operation at 115
Brookside Drive (APN: 408-202-005) . Upon review of the property and
County files, the Community Development Department determined that
the concrete crushing facility was established without obtaining
any permits from the Department. Zoning violation letters dated
April 20, 1995, May 3, 1995 and June 13, 1995 were sent to Bauman
Landscape Inc. Community Development Department staff also met
with Michael Bauman of Bauman Landscape Inc.on June 29, 1995, and
indicated that a land use permit was necessary for a recycling
operation on the property.
Historical Background/Previous Use Permit:
In February 1991, Bauman Landscape Inc. filed. a land use permit
application (County File #2017-91) to establish a
warehouse/equipment storage, outdoor garage and a fuel area for a
landscape contractor' s yard. The application was approved by the
County Zoning Administrator on June 17, 1991 . The approved plan
was for the construction of a 18, 704 square foot one story
office/warehouse building, a 6, 000 square foot equipment storage
building, landscape construction materials storage at the rear of
the property and associated parking lot and landscaping.
Per the provisions of Section 26-2 .2014 of the County Ordinance, a
land use permit is deemed to be exercised,used or established when,
within one year of the granting, or within the time otherwise
specified in the permit, a building permit is issued by the
building inspector for the purpose and location described on the
permit. The use permit approved in 1991 is no longer valid since
no building permits were obtained by Bauman Landscape Inc. within
the one year for the office/warehouse buildings . The concrete
crushing business was not approved as part of land use permit-
County File #2017-91 .
County Zoning Provisions:
The General Plan designation for the property is Heavy Industrial .
The zoning on the property was changed in December 1994 from Heavy
Industrial (H-I) to Planned Unit District (P-1) as part of ,the area-
wide rezoning of North Richmond. The concrete crushing business
has been in operation at 115 Brookside Drive for the past 2 years.
At the time of establishment of the use the zoning on the property
was Heavy Industrial .
Section 84-62 . 402 of the Heavy Industrial district of the County
Zoning Ordinance permits manufacturing uses of all kinds,
including, but not limited to, the manufacturing or processing of
petroleum, lumber, steel, chemicals, explosives, fertilizers, gas,
rubber, paper, cement, sugar, and all other industrial or
manufacturing products . Section 84-62 . 404 of the Ordinance also
states that uses requiring land use permit in the H-I district
shall be the same as the uses designated for the Light Industrial
(L-I) district. Section 84-58. 404 of the L-I district permits all
of the uses permitted in agricultural district (and other zoning
districts) after the granting of a land use permit. The General
Agricultural District (A-2) requires a land use permit to be
obtained for all recycling operations intended to sort and/or
process material for reuse.
Per Section 418-7 . 418 of the County Zoning Ordinance "recycling"
means the process of collecting, sorting, cleaning, treating, and
reconstituting materials that would otherwise become solid waste,
and recovering them so that they may be used in the form of raw
materials for new, reused, or reconstituted products . Bauman
Landscape Inc. collects concrete and crushes concrete to make it
into smaller rocks . The new reconstituted rock is used in
landscaping and/or road base. The concrete crushing business
clearly constitutes a recycling business and hence is required to
obtain a land use permit from the County.
The recently adopted P-1 zoning (December 13, 1994) for the North
Richmond area of the County requires a land use permit for all bulk
material processing. The P-1 defines bulk material processing as a
"facility which receives pre-sorted materials and processes (e.g. '
chipping, shredding, crushing, treating) them for reuse. The
facilities include but are not limited to: concrete crushing,
asphalt crushing, wood chipping, soil remediation, soil enhancement
and building and construction and demotion debris processing." The
P--1 zoning also requires recycling facilities to obtain a land use
permit.
Appellant' s reasons for appeal/ county' s response:
The appellant in his appeal letter has stated four reasons for not
requiring a land use permit for the concrete crushing business .
Staff has provided the explanation for requiring a land use permit
for each of the reasons cited by the appellant in the following
paragraphs :
The appellant says that nothing has changed regarding the operation
of the business .
The fact that the use has existed at the location for the past
two years or so, does not make it legal . The use was never
established legally. The Use Permit obtained from the County
in 1991 was not for a concrete crushing business. Also, the
Use Permit obtained in 1991 was never established as no
building permits were obtained within one year of granting the
permit for the permitted facilities nor was an extension
granted by the County.
In the 2nd and 3rd reason cited by the appellant, the appellant
contends that they are not a recycling business since they use
broken concrete and asphalt to make smaller rocks. The appellant
believes that recycling is the exclusive reuse of bottles, cans,
paper and miscellaneous metals .
This limited definition of recycling was used many years back.
It has now expanded to include all finished products that can
be reused. Concrete is a finished product. The appellant is
taking a finished product and making it into reusable
material . Hence this constitutes recycling. He is not
processing or manufacturing since he is not using a raw
material such as virgin rock to make smaller rocks.
Appellant also in his letter states that their competitors in
Richmond, Pittsburg and Antioch did not have to obtain Land Use
Permits .
All these facilities are located in City limits. The Zoning
provisions of Cities are separate and distinct and are not
governed by the County Zoning Ordinance.
In conclusion, staff does not see any merit in the appellant' s
reasons for not requiring a land use permit. Not requiring a land
use permit for recycling operations is clearly contrary to the
existing provisions in the County Zoning Ordinance.
Bauman
i
RECEIVED
9s JUL 71995
a,oSP.m.
ICLERK
O
CONTRAA COS CO SUPERVISORS
Application and Permit Center
651 Pine Street
Martinez, CA 94553-0095
We at Bauman Landscape, Inc. disagree with the Counties
request for a Land-Use Permit at 115 Brookside Dr .
we would like to start the appeal period for the following
reasons:
1 . Nothing has changed regarding our operations. We merely
purchased the adjacent parcels to the East and expanded
our operations. We now own the property from 3rd Street
to the East Bay Mud site along the North side of
Brookside Drive.
? . We have a heavy industrial use that we feel is permitted.
We manufacture rock and gravel for various uses.
3. We are not recyclers, we just use broken concrete and
asphalt because it is the cheapest product available to
use at the present time. We use virgin rock in the
manufacturing of our products when it is available at a
reasonable price. Recycling is the exclusive re-use of
bottles, cans, paper and misc. metals. We do not bury or
sell material just to recycle it.
4 . Our competitors American Rock in Richmond and Pittsburg ,
County Quarry in Concord, or Antioch Building Materials
in Antioch are in the same business they are not
recyclers and they do not have recycling use permits.
After saying all this we want you to know that we want to
work with you to improve the conditions in our area. We want
. to do all that is in reason so we can be better neighbors and
alleviate any complaints. We are willing to do improvements ,
115 Brookside Drive Richmond, CA 94801 (510) 236-1212 Fax: (510) 236-1680
An Equal Opportunity Employer
Bauman
to widen roads or control truck traffic , we just don' t want
to waste money on an unnecessary permit process wnen all that
time and money could be spent on infrastructure improvements.
if we are proven wrong and are shown where we need oormits we
will apply for them.
'hank you for your time in considering, our position. We look
forward to your response and hope that we can work with you
to solve the problem.
Sincerely,
,iason Griffin
BAUMAN LANDSCAPE, INC.
Permissible verification:
f perjury that the foregoing is true and
I declare under penalty o
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115 Brookside Drive Richmond, CA 94801 (510) .136-1212 Fax: (510) 236-1680
An Equal Opporruniry Employer
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