HomeMy WebLinkAboutMINUTES - 07201999 - C210 kjt
Contra
r Costa
TO: BOARD OF SUPERVISORS County
FROM: DENNIS M. BARRY, AICD
DIRECTOR OF COMMUNI'T'Y DEVELOPMENT
BATE: July 20, 1999
SUBJECT: Report on Metal Fabrication Shop Operation at #18311 Bollinger Canyon
Read in the San Ramon area. (C.M. Farr) (County Zoning Investigation
File #RF 990410) (APN 199-030-040)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RE COMMENDAJ JQN
Adopt a motion:
I Finding that recent changes to the use of the metal shop at
the subject site preclude a finding that the use is
agriculturally related.
2 . Direct the Director of Building Inspection to initiate
appropriate investigation and potential code enforcement
actions pertaining to the metal shop operation including
causing its operation to cease and desist .
FISCAL IMPACT
None.
BACKGROMM
This report concerns a longstanding land use dispute concerning a
;petal shop operation in the Bollinger Canyon area.
CONTINUED ON ATTACHMENT: x _ YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM7CT EE
APPROVE OTHER
SIGNATURE(S) : C "
ACTION OF BOEF)' ON Y1999 _ APPROVED AS RECOMMENDED OTHER
IT IS BY THE BOARD ORDERED that the above matter is CONTINUED
to August 3 , 1999 , on the Short Discussion portion of the agenda .
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
XX UNANIMOUS (ABSENT #4 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE BATE SHOWN.
Contact: Bob Drake H928) 335-12141
Orig: Community Development Department ATTESTELI®_July _2O,. _1999
co: Edward Shaffer, Norris & Norris PHIL BATCHELOR, CLERK OF
Charles & Lorraine Farr THE BOARD OF SUPERVISORS
Michael aJ. Warholic AND C Y ADMINISTRATOR
Building Inspection Dept .
County Counsel BY "Dy L, DEPUTY
c : \wpdoc\farr.bo
RD\
Report on Farr Metal Fabrication Shop
Sara RamonlBollinger Canyon area
mplaint by Neighbor
The origins of the dispute stem from a complaint which was
registered with the County concerning a metal shop operation which
had been established on a property owned by Charles and Lorraine
Farr that is zoned Agricultural Preserve (A-4) . At that time, the
County advised the Farrs that they needed to eliminate the
operation, or could try to legalize it by obtaining an appropriate
land use permit under the zoning.
At-t e=t to Legalize ,the Use by Filing a Land Use Permit
In 1986, the Farrs filed an application for a land use permit (File
#2144-86) to try to legalize the use as a home occupation. The
matter was heard initially by the Zoning Administrator who denied
the application. That decision was appealed by the Farrs to the
San Ramon Valley Regional Planning Commission who reversed the
Zoning Administrator' s decision, granted the appeal, and
conditionally approved the project .
The neighbor appealed that decision to the Board of Supervisors.
On November 3 , 1987, the Board granted the neighbor' s appeal and
denied the land use permit application. At the same time, the
Board directed the Community Development Director and County
Counsel to determine whether changes should be made in zoning and
land use permitting to allow agriculturally related land uses . The
Board also ordered that staff delay enforcement of the land use
permit denial pending the reults of the evaluation.
S—ub-s-eauent Board Di recti mi
In response to a subsequent staff report on the matter, on December
19, 1989, the Board of Supervisors directed staff to defer review
of the zoning changes or enforcement action pending review of the
proposed general plan review then underway.
1991 Adoption of General Plan and Related Agricultlral -Policies
In 1.991., the Board of Supervisors adopted an update to the County
General Plan. Among the policies adopted in the plan is
Conservation Element implementation Measure #8-aa pertaining to
provision of agriculturally related businesses in areas designated
for agricultural use.
1926 Appromal of a Land Tse Permit (File #L29 9) tc Allow
Second and Third Residences
In 1996, the Farrs applied to the County to obtain a ".and use
permit to allow the establishment of a second and third residence
on the subject property (File #LP962029) . After conducting a
hearing on the application, the zoning Administrator conditionally
approved the application subject to conditions. No appeal was
filed on the decision, so it became final. .
The project was conditioned to require the applicant to follow the
appropriate procedures for trying to legalize the metal fabrication
shop once agricultural zoning was modified to comply with the above
described Conservation Element policies (GOA #5) .
The land use permit was conditioned to allow for a period of five
years (until October 17, 2001) in which to exercise the land use
permit .
To date, the applicant has :Wade no effort to exercise this land use
permit .
-2-
Report on Farr Metal Fabrication Shop
San RamonlBol2inger Canyon area
192-7- Approval of Farr Subdivision. (MS 141-9Q)
In 1997, the Board of Supervisors heard an appeal of the County
Planning Commission approval of a minor subdivision application
processed by the Farrs. The Commission had conditionally approved
the application. The appeal had been filed by another neighbor of
the Farrs, the Warholics . The Warhol.ics had expressed concern
about the continued operation of the metal fabrication shop.
After taking testimony, the Board voted to deny the appeal and
sustain the Commission' s approval but required that the applicant
eliminate the metal fabrication use prior to occupancy of a
residence on either of the two new parcels which were tentatively
approved (COA #36) .
The applicant has not yet attempted to file a parcel map. The
filing period on the tentative map currently extends to September
7, 20000, and may be extended by the County up to 5 additional years
upon receipt of a request from the applicant .
As a separate matter, Supervisor Gerber, in whose district this
district the property lies, indicated to the two parties, the Farrs
and Warholics, that she wished to review the matter again in
September of the year 2000 .
is ECENZ 2LAINT By THE NTEIGHBOR
On June 24, 1999, County staff met with Mr. Warholic who expressed
concern about more intensive activity associated with the metal
fabrication shop. He indicated that the operation was resulting in
fumes and noise and traffic levels that were disruptive to his use
of his property. He provided audio/visual and other evidence and
other documentation that persuaded staff that the current operation
of the metal fabrication shop could not qualify as a business that
is agriculturally related.
DISTJSSIDM
The General Plan designates this site Agricultural Lands .
The 1957 action of the Board to defer Code enforcement on the metal
fabrication shop was premised on the applicant being able to
demonstrate at a later date that the operation could be found
consistent with new policies allowing for agriculturally-related
businesses . However, based on recent evidence provided by the
neighbor, it is clear that the current use is largely industrial in
character. It is also apparent that non-agricultural uses are a
major beneficiary of the products from the operation.
There is no further purpose to be served in waiting for
consideration of zoning modifications for agricultural businesses
to potentially accommodate this activity. In staff ' s opinion, the
current metal. fabrication activity cannot be found Consistent with
the new general plan policies . Staff can see no justification to
allow existing nuisance conditions to continue. Accordingly, the
County should initiate appropriate investigation and code
enforcement .
-3-
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ASSESSOR 5 MAP
BOOK 199 PAGE 0_5
GOUNT Y OF CONTRA COSTA, CAL:/F,
J6- 2 f 5-3-2 at ae
Harvey E. Brandon �t('a
Director of Communf peyV�lopment �
,,,.OctCosta
ober 16, 1987 COX�AtpSTA
CT; Appeal of Louis E. Lockrem from the San Ramon valley Regional
Planning Commission de v g the land use permit
application of Mike ar� r t nd Use Permit 2144-86) for a
commercial metal fabricattTn•rb�,es�3lness as a home occupation. f
int; �a� t
Cr
ZOUHD AND JUSTIFICATION
PECZFIC REQUESTfg) OR ItE
RECOMMENDATION;
Sustain the appeal and deny Land Use Permit 2144-86 as described
below in Caption B.
ALTERNATIVE BOARD ACTIONS II#
There are essentially two options for the Board of Supervisors to
consider in acting on this appeal.
OPTION A
1. Accept environmental documentation as adequate.
2. . Deny the appeal of Louis E. Lockrem.
3. Sustain the decision of the San Ramon valley Regional Planning
Commission (granting the Permit).
4. Adopt the Planning Commission's findings as set forth in the
Resolution as the determination for this decision.
C W TINUED ON ATTACHMENT: � YES SIGNATURE:
11111,11T 6S__2A
The Board on October 27, 1987 deferred to November 3, 1987 deter.
mination calendar the decision on the appeal of Louis E. Lockrem
from the San Ramon Valley Regional Planning Commission decision
approving with conditions the request of Mike and Lori Farr for a
commercial metal fabrication business as a home occupation (LUP
2144-486) in 'the Bollinger Canyon/San Ramon area.
Supervisor Schroder commented on the November 2, 1987 memo from
Victor Westman, County Counsel on the Lockrem appeal of Farr LUP
2144-86, and moved the appeal be granted and the land use permit be
denied and requested the staff to determine whether the uses per-
mitted under the agricultural zoning should be updated or expanded
and to get input from the General Plan. Congress Agricultural
Committee and have staff report back as quickly as possible as to
whether changes should be made to allow uses that are compatible
with the agricultural zoning.
The Board discussed the matter.
Supervisor Powers clarified that the motion would be to grant the
appeal, deny the land use permit, and direct the staff to evaluate
gays to accomplish permitting agricultural related land use proce.-
dures and instruct the staff not to enforce the elimination of this
business until those precedures come back to the Board.
Therefore, IT IS BY THE BOARD ORDERED that option B, recommendations
1, 2, 3, and 4 are APPROVED; and Community Development 'Director and
County Counsel are DIRECTED to determnine whether changes should be
made in zoning and land use permitting in agricultural zones; and
staff is DIRECTED to delay enforcement of the Land Use Permit denial
pending the results of the evaluation.
VOTE OF SUPFWaSORS
I HEREBY CERTIFY THAT TEiIS IS A
UNA'i -HOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AM ENTERED CIN THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUP VISORS 06 TEE DATE SHOWN.
cc* Corimunity Development Dept. ,november 3. 1987
Miller, Starr S Rectalis Mot fl cs,,,., P�,.t-A E; ns
C
OPTION B
1. Accept environmental documentation as adequate.
2. Sustain the appeal of Louis S.: Lockrem.
3. Deny Land Use Permit 21.44-86 to establish a commercial metal
shop as a home occupation,
4. Instruct staff to prepare findings as generally based on
review in the staff report dated September 2, 1987, and set
November 10, 1987 for adoption of same.
BACKGROUND
This matter originally carne to the attention of the Planning'Agency
as a result of a complaint filed in 1986 by the appellant. A field
investigation verified that a metal shop was being operated in
etiolation of the agricultural zoning code. Shortly thereafter,
f staff met with the 8'arrs and their legal counsel, and indicated
that the use would have to be brought into compliance. At that
time, several options available to the applicant were reviewed.
While pursuit of a land use permit was discussed, this option was
not encouraged because of the apparent zoning conflict.
On October 14, 1986, the Farrs filed a land use permit application
to legalize the operation as a home occupation. The application
record is described in the attached documents.
Staff has consistently opposed the application because as an
industrial activity, the metal shop operation
a) conflicts with the open space designation and
agricultural zoning;
b) cannot satisfy the home occupation criteria in the zoning
code (e.g., traffic generation; activity conducted
outside the confines of a residence; non-family members
employed);
c) will establish a precedent that may encourage similar
activity and applications on other agricultural
properties, and make administration of the zoning code
more difficult.
These concerns were raised with the San Ramon Valley Regional
Planning Commission. However, after taking testimony from the
applicant and neighboring property owners, the Commission
determined that the use could be operated compatibly with nearby
properties. Consequently, the Commission approved the application
for a limited period and subject to a number of restrictions,,
CONCLUSION
Notwithstanding, the San Raman Valley Regional Planning
Commission's review, staff maintains that any approval of the
application is not allowable under the zoning code. Further, were
approval to be granted, the task of zoning administration in
agricultural areas could become less manageable.
Therefore, staff recommends that the Board grant the Lockrem appeal
and deny Land Use Permit 2144-86 as set forth in Option B above.
Mewl Fabrication SYIop Background
2of9
1--090
BOARD OF SUPERVISORS
&I Harvey E. Bragdon, Contra
Director of Community Development M s ^, �,. ` Costa
DATE: Cecer er 19 -, 1989
s.ISJEcv: Follow-up Report on the Lockrem Appeai,�becision Relative to the
Menial of the Commercial Metal Fabrication plant in the Bollinger
Canyon Area (Mike and Lori Farr, File. #2l44-86
C3F1C R' COUE&T(€) On REC trj'Q^T1ON(YS( & 8ACKt.RcxJry AND JUSTIFICATION
RECOV14ENDATICIN
1. Accept report,
. Defer further review'of zoning changes Or enforcement action
pending review of the Proposed Countywide General Plan
Revision.
BACKGROUND
in November 1987 the Board of 'Supervisors granted the appeal of
Louis Lockre-m regarding his opposition to the application of Mike
and Lori Farr who sought to legalize a commercial metal
fabrication plant in the .Bollinger Canyon area. Attached is the
Heard order issued by the Board on this matter. In granting the
appeal, the Board directed the Community Development Department
and County Counsel to review the desirability of making changes
to the zoning and land use permitting procedures in agricultural
zones. Further, staff was directed to delay enforcement of the
denial of the Farr's land use permit pending the results of the
zoning evaluation.
RECENT ACTIONS
Subsequent to the Hoard action on the appeal, the Board adopted a
revision to the General Agricultural (A-2) district to allow the
establishment of museums and firewood sales with a use permit.
More recently, the General .plan Congress has issued the proposed
Countywide General Plan revision. The General 'flan is scheduled
to be heard by the County Planning Commission in the near future.
The proposed Plan recommends further changes to agricultural
zoning districts to. allow additional agriculturally-related
businesses with a use permit (see attachment).
1 CONTINV£D ON AYTAC M/£NT; YES SIGNATVR -
RECON MENOAT/CYN OF COUNTY AOMINISTRATOW R£COMMENOATION F B ARD COMMiTg"ILE
APPROVE _,_ OTHER '1
3
ACTION OF BOARD ON December 19 1989 APPROVED AS R£CDMM£NO£O X OYN£R
voTE or Sur.ERv I SORS
{ I-CREBY CERTIFY THAT THIS IS A TI}VE.
X UNAN;MWS (ABSENT _ _) AND CORRECT COPY OF AN ACTION TAKEN
AYES:— Nor S'. AND ENTERED EXq THE #4H#JTES ofTHE DOAf
ABSENT; __ ABSTA 9 N: OF SVPERV I SORS ON THE DATE SHDWN.
CC: Community Deveiopment ATTESTED December 19, 1989.
Mete Fabrication Shop Background
5of9 N5i
2.
DISCUSSION
The County Planning Commission, and subsequently the Board of
Supervisors, will be hearing the proposed Countywide Plan in the
° near future. Further action on this matter should be deferrec
pending Board review of the General Plan.
4w
RD/aa
BDII/2144-86.RD
cc: Louis Lockrem
Mike & Lori Farr
County Counsel
File #2144-86
Attachments:
November 3, 1987 Beard order
Excerpt of Proposed General Plan Revision
M
r S
Metal Fabrication Shop Background
6of9
CONTRA COSTA COUNTY
GENERALPLAN
1995 - 2010
July 1996
Contra Costa County
Community Development Department
651 Pine Street
Martinez, CA 94553
(510) 335-1235
FAX (510) 335-1299
3.lAnd Use Element
i. Mixed Use-Laurel Road(M-9)
This site is located on the soudi side of Laurel Road at the ATSF railroad tracks. The site will serve
as a transition from the lower density single-family residential use to traditional commercial uses.
j. *Mixed Use-Dougherty Valley Village Center(M-10).
This Mixed-Use designation identifies approxuunately 48 acres for the Village Center located at the
confluence of the two main branches of Alamo Creek. This Mixed-Use category will permit a
combination of high density residential, retail and office uses, civic uses, parr, playas, and open
apace. 'Within the Village Center portions of the project densities up to 40 units per net acre will be
allowed. Up to 680,000 square feet of retail/office/civic uses could be allowed in the Village Center.
PUBLIC, SEMI-PUBLIC, LANDFILI.AND OPEN SPACE USES
A total of eight land use designations have been defined for these uses. These include open space, agricultural,
and recreational uses,as well as public/semi-public uses such as schools; public offices; highways and major
flood control rights-of-way; and railroads. These use designations generally comprise non-urban uses under
the 65/35 Land Preservation Standard.
a. Public and Semi-Public.
As the title implies, the "Public and Semi-Public" designation includes properties owned by public
governmental agencies such as libraries, fire stations, schools, etc. This designation is also applied
to public transportation corridors (freeways, highways, and BART), as well as privately awned
transportation and utility corridors such as railroads, PG&E lines, and pipelines. The largest
properties in this category are those of the U.S.Naval Weapons Station in Concord and Port Chicago.
A wide variety of public and private uses are allowed by this General Plan category. However, the
construction of private residences or private commercial uses, and the subdivision ofiand, are not
.considered compatible with this designation.
b. Agricultural Lands.
This land use designation includes most of the privately owned rural lands in the County, excluding
private lands that are composed of prime soils or lands that are located in or near the Delta. Most of
these.lands are in hilly portions of the County and are used for grazing livestock, or dry grain
farming. The category also includes non-prime agricultural lands in flat East County areas, such as
outside Oakley, which are planted in orchards. Some of the Agricultural Lands east of Oakley and
Byron are included in the 100-year flood plain,as mapped by the Federal Emergency Management
Agency(FEMA).
The purpose of the Agricultural Lands designation is to preserve and protect lands capable of and
generally used for the production of food, fiber, and plant materials. The title is intended to be
descriptive of the predominant land-extensive agricultural uses that take place in these areas, but the
land use title or description shall not be used to exclude or limit other types of agricultural, open space
3-33
I Land Use Element
or nonurban uses such as landfills,except as mated below in the descriptions of"Agricultural Core,*
"Delta Rulon and.Resources," *Watershed,* "Pauls and Recreation," and'Open Space." The
maximum allowable density in this category is one dwelling unit per 5 aures.
The uses that.are allowed in the Agricultural Lands designation include all land-dependent and non-
land dependent agricultural production and related activities. In addition,the following uses may be
allowed by lsnce of a land use permit,which shall include conditions of approval that mitigate the
impacts of ft use upon nearby agricultural operations through the establishment of buffer areas and
other techniques.
e facilities for processing agricultural products produced In the County such as dairies,
rendering plants, and feel mills;
e commercial agricultural support services which are anci� to the agricultural use of a
parcel,such as veterinarians,feed shares,andd equipment repair and welding;and
A small-scale-visitor serving uses including small tasting rooms,stands for the sale of products
grown or processed on the property, guest or "dude" ranches,horse training and boarding
-ranches, improved campgrounds, and "bed and breakfast" inns of five or fewer bedrooms
which are on lots of 20 acres or more,extensive recreational facilities and private retreats.
The following standards shalt apply to all uses allowed in the Agricultural Lands designation:
(l) Any subdivision of lands shall include conditions of approval which conform with the
requirements of the"Ttanchettee Policy," which is outlined in the-"Agricultural Resources"
section of the Conservation Element(Chapter 8),and W
(2) Residential and non-residential uses proposed in areas of special flood hazards,as shown can
FEMA amps, shall conform to the requirements of the County Floodplain Management
Ordinance (Couninty Ord. #87-45) and the further requirements outlined in the ".Delta
Recreation"section(t)(5)below.
c. Agricultural Core.
This designation applies to agricultural lands that are composed primarily of prime7(Clsss i or 11)soils
in the Soil Conservation Service Land Use Capability Classifications,which ar nsldered the very
best soils for farming a wide variety of crops.Lands designated as Agricultural Core are located in
Fast County outside the UL L to the east,south,and west of the City of Brentwood.:Much of the land
in this designation is under active cultivation of intensive rove-crops, such as tomatoes and other
vegetables.A portion of the Agricultural,Core-lands are included within the 100-year flood zone,as
identified by the U.S.Federal Emergency Management Agency(FEMA).
The purpose of the Agricultural Core designation is to preserve and protect the farmlands of the
County which are the most capable of,and ger erally used for, the production of food, fiber, and plant
materials. Agricultural operations in the Agricultural Core shall, in accordance with Measure C-
1990,be protected by requiring a higher minimum parcel size#luau the Agricultural Lands designation,
to attempt to maintain economically viable, commercial agricultural units. The creation of small
uneconomical units will be discouraged by land use controls and by specifically discouraging minor
subdivisions and "ranchette" housing development.
3-34
8. Conservation Element.
Development R dew Process
8-x. Within the major resource conservation areas, consider approval of development that is only directly
related to agricultural production,recreation, water-related recreation, or the utilization of mineral, soil,
water, and animal resources, or agricultural/residential uses of similar character.
8-y. Discourage applications for major subdivisions of agricultural lands. Where such applications are
accepted for processing, require concurrent application for rezoning of such lands to the Planned Unit
Development District. Require deed of development rights to prevent further subdivision when so doing
is consistent with law.
-z. Identify and map those properties that include prime productive agricultural soils Glass I and H capability
according to the U.S. Soil Conservation Service)for use in the review of development applications and
evaluating the ULL.
Zoni adinance R�"cv ionfi
8-aa. Modify the agricultural zoning districts to allow agricultural service businesses and uses in agriculturally
designated areas as follows:
(1) Small agricultural service businesses, which can be defined as a home occupation, are
permissible in all agricultural designations;
(2) Larger agricultural service businesses which have more than one employee but are
clearly subordinate to on-site production activities, and which occupy less than 1h acre
of land and do not adversely affect agricultural production in the area, may be
permissible in all agricultural designations, subject to issuance of a land use permit;
(3) Agricultural service businesses that occupy more than th acre of land and are not
subordinate to on-site production activities will require rezoning with a "Agricultural
Service Combining District" overlay.
8-ab. agricultural employee housing may be permitted, in addition to the residential density allowed by the
underlying zoning or land use designation, in.accordance with the needs of the local production sector.
Criteria to establish the specific conditions which will apply to the agricultural employee housing shall
be included in the Zoning Ordinance and shall address permanent and transient employees.
8-ac. Review and revise, as necessary, minimum lot size standards in agricultural zoning districts within the
Urban Limit Line to be consistent with the goals and policies in this General Plan. Minimum lot sizes
for prune productive agricultural soils designated agricultural use in the Land Use Element(Class I and
11)shall be set at 40 acres outside the Urban Limit Line.
Infta=ature Services
8-ad. Consider detaching land in agricultural production not planned for development from any special taking
districts which are intended to serve urban needs, such as sewage treatment and hospital districts.
8-ae. In a manner consistent with growth management policies, allow water lines or other urban infrastructure
which must be constructed across agricultural properties outside LAFCO designated Spheres of Influence
8-44
CONTRA COS'T'A COUN'T'Y
COMMUNITY DEVELOPMENT DEPARTMI ENT
APPROVED PERMIT
APPLICANT: Charles M. Farr APPLICATION NO, LP962029
18311 Bollinger Canyon Rd.
San Ramon, CA 94583 ASSESSOR'S PARCEL., NO. 199-030-040
OWNER: Sane as above ZONING DISTRICT: A-4
APPROVED DATE: 1017!96
EFFECTIVE DATE: 10117196
This matter not having been appealed within the time prescribed by law, a permit for:
establishment of a second and third residences on a 72 acre parcel
is h=ereby GRANTED subject to the attached conditions. 10e>
qfkl�VEY k. YRAGDON, Director
Community Development Department
Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective
date if the use allowed by this permit is not established within that time.
PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office.
CONDITIONS OF APPROVAL FOR A LAND USE PERMIT FOR TWO
ADDITIONAL RESIDENCES, FILE #LP962029 (Farr - Al)plicant & Owner)
IN THE BOLLINGER CANYON AREA.
General
1. This application: for two additional residences (up to three residences total allowed on site)
is approved as generally shown on the revised site plan dated by the applicant's engineer,
Bellecci & Associates, on April 15, 1996.
2. Clarification of Approved Site flan - The approved site plan identifies an existing structure
along the eastern property line at the 860 foot elevation contour line as an"existing house".
The house also lies within the area designated as one of the two proposed house sites. Prior
to the approval of the land use permit, the structure was authorized by the County (Building
Perrnit #193464) as a storage shed only.
This approval would allow the conversion of this structure to a residence subject to the
applicant complying with the applicable conditions in this permit and obtaining a building
permit. Ifthe applicant were to convert this storage shed str-LlctUre to a residence, then it
would constitute one of the two additional residences under this perimsit.
Alternatively, the applicant friay allow the structure to retain as a storage shed, but all
construction plans fled for building peririts on this site shall label it as a storage shed.
I Residential Siting and Design - Prior to issuance of building permits, construction plans for
any residences on this site shall demonstrate compliance with yard and height standards of
the zoning district and show the distances to any nearby road rights-of-way. At the same
time, actual construction may be partially or entirely outside of the generalized hornesite
circles shown on the approved site plan. This night be caused by design considerations
arising from geotechnical, tree preservation, archaeological, utility or other details. Such
construction still will qualify under this permit if the residences are located in the general
areas proposed and do not create any new or greater impacts than the sites shown, subject
to final review and approval of the Zoning Administrator-
Restriction on Exterior Reflectivity - The construction plans shall specify the colors�to be
used, for exterior walls and roofing of all residential structures. A licensed architect shall
verify in writing that the proposed colors will not exceed 50% light reflectance.
4- Exercise of the Land Use Per.mmit - This land use permit shall not be exercised until the
applicant is issued a building permit. The applicant shall be a€lowed to exercise this permit
for a period of five years after the effective date. Once a building pernmit for the first of the
residences authorized by this '=.and use permit is issued and finaled, the land use permit shall
be considered to have been exercised, and the applicant shall have the permanent right to
establish the second authorized residence even if beyond the five year filing period.
it
File#LP G20t29
(Farr-Al)pllcant/Ownerj
5. Metal Fabrication Shop - Promptly after the County amends zoning regulations in 7
compliance with the General Plan's Conservation Element Policy No. 8-aa, and established
procedures for allowing agricultural service business and uses, the applciant shall follow the
method specified by those procedures to obtain approval of the metal fabrication shop and
continue metal fabrication activities on the property. In the event the Board of Sueprvisors
Finally denies any such necessary approval, the applciant agrees to terminate all unauthorized
metal fabrication activities not permitted under then-applicable law and to use the metal shop
structure only as permitted under the law. In the event the applicant seems permits for the
nearby homesite along the eastern property line approved under this permit at a tirne when
the metal shop is operating, such permits shall be evaluated for compatibility between the
residential and metal fabrication uses, and may be conditioned or denied to avoid
incompatibility.
6. Occupancy Restriction -Pursuant to the provisions of the Agricultural Preserve (A-4) zoning
district, occupancy of the two additional residences authorized by this permit shall be limited
to the owners, lessors or lessees of the property. This restriction on occupancy shall become
null and void if the property is rezoned in the future to a zoning district that does not contain
this use restriction, or if the A-4 zonilig district is amended to eliminate this use
restriction.
7. Archaeological t eotechnical and Tree Protection Investigations - At least 60 days prior to
fling a grading or building permit, the applicant shall comply with the following
reouirementS.
A. Geotechnical - Submit two copies of a geotechnical report on the project prepared
by an engineering geologist and a registered soil engineer for the review of the
County Planning Geologist Consultant and the review and approval of the Zoning
Administrator. The report shall identify potential geotechnical hazards on the site,
review the project, and recommend suitable measures to reduce any hazard to a less
than significant level.
The applicant shall comply with the recommendations in the geotechnical report
approved by the Zoning Administrator. (MM )
B. Tree Impact Studv - Subinit a site plan to the Community Development Department
showing proposed grading, structural improvements, driveway, leachfields, water tLl...
tanks, trenching and other improvements that might disturb the ground. The site plan
shall identify the location, species, tree dripline, and trunk circumference of all trees
'"NIM" dErtOteS EnitEgation Me£iSUre established as a result of environmental review of
the application.
-2-
CONTRA COSTA COUNTY
COMMUNITY �I '�DEVELOPMENT DEPARTMENT
Ny PROVED PErI MIT
APPLICANT: Charles M. Farr APPLICATION NO. MS90141
18311 Bollinger Canyon Rd.
San Ramon, CA 94583 ASSESSOR'S PARCEL NO. 199.030-040
OWNER: Same as above ZONING DISTRICT: A-4
APPROVED DATE: 919!97
EFFEC'T'IVE DATE: 919197
This is to notify you that the Board of Supervisors has granted your request for a minor subdivision,
subject to the attached conditions.
DENNIS M. BARRY, AICD
Interim Community Development Director
By: /\ ° 1
PLEASE NOTE THE EFFECTIVE DATE and be aware of the renewing requirements as no further
notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board
Order with approved Conditions of Approval. This permit will expire THREE YEARS from the effective
date of this permit.
FINDINGS AND CONDITIONS OF APPROVAL FOR. MINOR SUBDIVISION
FILL #M5900141 (Farr a- Applicant & Owner) IN THE SAN
RAMON/IIOLLINOER CANYON AREA PER SEPTEMBER 911997 BOARD OF
SUPERVISORS APPROVAL.
FINDINGS
Aa GrMangerrent Performance standards
l -In view of the land use permit which has already been granted by the County
(LP962029), this subdivision will not result in any additional development or traffic
generated. The project will be required to contribute area-of-benefit fees at time of
issuance of building permits for areawide traffic improvements.
2. Water-In view of the land use permit which has already been granted by the County
(LP962029),this subdivision will not result in any additional development or demand
on water supplies. Prior to recording a parcel map, the applicant will be required to
demonstrate the availability of domestic water to serve each of the proposed parcels to
the satisfaction of the Health Services Department.
3. San.ij=Sewer-In view of the land use permit which has already been granted by the
County (LP962029), this subdivision will not result in any additional development_
Prior to recording a parcel map, the applicant will be required to demonstrate the
feasibility of sewage disposal capacity to serve each of the proposed parcels to the
satisfaction of the Health Services Department.
4, Fire Protection - The site is not located within a designated urban or suburban area
and is therefore not subject to fire protection improvements as otherwise required by
the Growth Management dement policy.
5. Pu lie Protection - The project will not exceed the threshold (added population of
1000 persons) for requiring a contribution to a sheriff facility. Therefore, no
contribution has been required.
6. Parks and Recreation This project is required to make a contribution of at leas"2000
per dwelling unit to satisfy the parks requirement for neighborhood parks. The fee will,
be paid at time of issuance of a building permit.
7. Flood Control and Drainage -The site is crossed at the northern end by San Ramon
Creek. However, neither of the proposed building sites lie within a designated flood
zone.
(Ref. the Growth Management Element of the General Plan)
File#MS900141 Conditions of Approval
Charles M.Farr-ApplicanjWwner Conditions to he Satisfied Prior to Occupancy of New residential Auctures
then each tree shall be assigned a number for identification purposes. The site plan shall also
indicate whether individual trees are proposed to be(1)removed, (2)altered, or(3) preserved.
If the proposed development requires approval of a tree permit, then prior to issuing a grading
or building permit,the applicant shall comply with the restrictions of the Tree Protection and
Preservation Ordinance including any tree permit application and processing requirements.
(MM)
Fees
33. parkland DWis iQn Pee&qui_mment -Prior to issuance of building permit, the applicant
shall comply with the parkland dedication fee requirement.
34. OnL-Tune Police Services Miti tipn Fee Payment-Prior to issuance of a residential building
permit on any parcel that is not occupied by a legal residence,the applicant shall contribute a
one-time fee of$1000.00 to the County for police services;mitigation. The fee shall be paid
to the Contra Costa County Application&Permit Center,
CONSTRICTION PERIOD RESTRICTIONS
35. All construction and construction related activities performed by a licensed contractor or
subcontractor other than the owner shall be limited to the hours of 7:30 a.m. to 5:00 p.m.,
Monday through Friday, and shall be prohibited on state and federal holidays. The applicant
shall include this restriction in the contract for any construction contractors or subcontractors
employed on the site.
CONDITIONS TO BE SATISFIED PRIOR TO OCCUPANCY OF A NEW RESIDENTIAL
STRUCTURE ON PARCELS A OR C.
36. Elimination of Metal Fabrication L-Se- At least three weeks prior to seeking occupancy of
residence on the easternmost parcel, Parcel "C", the applicant shall convey a letter to the
Community Development Department indicating that the metal fabrication business activities
have been terminated and that the site may be inspected for the purpose of verifying code
compliance. Occupancy of the residence shall not be permitted until the Zoning Administratot-.�
has determined that the site is in compliance with the zoning code requirements including any
entitlements.
-10-
309 Diablo Road
Danville, California 94526 . . Contra Costa C
(510)820-8683County
FAX(510)820-6627 6; Board of Supervisors
DONNA .GERBER
DISTRICT Ili SUPERVISOR
Sept. 5, 1997
TO: Charles and Loraine Farr
Michael and Adele Warholic
FROM: Donna Gerber, Supervisor, District 3
RE: Meeting on 9/4197
This confirms our informal meeting on the above cited date where we discussed
each party's interests and needs regarding your properties and the proposed
subdivision of the Farr property. As l clarified when we met, nothing about our
discussion was recorded or binding, we were just exploring whether both
neighbors could reach a mutual agreement that would resolve the appeal matter
before the Board of Supervisors. 1 want to again thank all of you for your
participation and cooperation. 1 hope I was able to facilitate the process
between you. This letter also confirms the issues upon which the parties
reached an agreement. They are listed as follows:
1. Road easement (an agreement solely between the parties)
2. Underground utilities
3. Condition that the existing business use on Parcel C shall cease
before any residence is occupied.
As a courtesy, l also agreed that this matter will be referred to my office by the
Community Development Department of the County for a status review in
September of 2000.
As agreed, this and a copy of the information for a motion l intend to make on
Sept. 9 will be available for you on Sept. 8, 1997.
DG/km
cc: Dennis Barry
The Warliolic's COS T4
18333 Bollinger Canyon Road 98 NOV
San Ramon, CA 94583=1507 p �' $
(925) 820-3391
Wednesday, November 11, 1998
Dear Supervisor Gerber:
Back in July, I sent you a letter informing you that the easement grant papers had been
drawn up and sent to the Farrs for signatures and notarization (copies attached).
Everything was drawn up per our mutual agreement during the September 1997 meeting
that you brokered at your Danville office. Over a year has passed and as of today nothing
has been resolved on this matter. The Farrs' still have not kept their word,which,by the
way, they made the statement at the meeting you brokered, that they always keep their F
word. There has been no communication from them whatsoever. I checked with UIS
and they have a signed proof of delivery of the documents to the Farrs on July 15, 1998 at
10:02 AM
To backup a bit, we waited patiently till January 1998 for the Farrs to have the papers
drawn up, as was our understanding when we left your meeting. We understood that we
would be responsible for the notary and recording costs and the Farrs would have the
papers drawn up and would be responsible for removing the fences and gates within the
easement. At your suggestion that I try to talk to Mr. Farr and work things out between
us, I gave him a call in January to discuss the matter. However, once he knew why I was
calling there was no discussing anything with Mr. Farr. When I finally was able to get a
few words in, I politely asked when he thought he might be able to have the papers drawn
up. Again he became angry and finally said"you get the papers drawn up and we will
sign them because the Farrs always keep their word". These kinds of misunderstandings
(an understatement) between us have been going on for over seventeen years.
We had the papers drawn up and delivered to the Farrs. Still no signatures': Its time for
them to get the papers signed and notarized so they can be recorded at the county. Maybe
Mr. Farr would"talk" to you. I know that your schedule is full of many more important
and pressing issues, but you brokered an agreement between us in which both parties got
something. The Farrs immediately got their subdivision approval and we were to be
granted the easement in question, by them, in a timely manner. Mr. Farr even stated
during that meeting that"the existing easement situation was ridiculous as it was now
written". It should be now apparent why we wanted every little detail spelled out in
writing, but everyone said that we could talk out the details ourselves, later. I tried
talking to Mr. Farr but with no success. Never again will we accept a verbal agreement.
Written details,down to the most trivial points and precise timelines will be required.
What excuse will be used now to continue delaying the easement grant???
Maybe you can talk to the Farrs and get them to honor their agreement. We hope so, as
our patience is not unlimited. Mr. Farrs phone number is (925) 820-4024. As before, we
welcome any suggestions you may have. Please advise us at your earliest convenience,
as our list of legal remedies to resolve this matter in its entirety is very short and heads in
a direction that none of want to go at this time.
Y
ou s
d Abele Warholic
cc: Mr. Bennis M. Barry-Director of Contra Costa Community Development
Attachments
2
M. J. Warholic
18333 Bollinger Canyon road
San Ramon, CA 94583-1507
July 14, 1998
Mr. C.M. Farr
18311 Bollinger Canyon Road
San Ramon, CA 94583
Dear Mr. &Mrs. Darr:
Attached is a Grant of Easement Document and Exhibit"A" & "B". You agreed to grant
us this easement during our meeting with Supervisor Gerber. As agreed during that
meeting, we would foot the costs of drawing up the documents and the Notary/Recording
costs, and you would be solely responsible for moving the fencing and gates out of the
easement.
At your earliest convenience,please sign the Grant of Easement document in front of a
notary and have it properly notarized. Save the receipt so I can reimburse you for that
cost. You can get it notarized at one of the Marl Boxes Etc. stores for twenty dollars.
6nce notarized,please call me so I can pick it up and take it to the county for recording,
or if you prefer, we can arrange a mutually acceptable time to meet at the recorder's
office in Martinez. Let me know which you prefer. Give me a call if you have any
questions.
Regards,
Michael Warholic
cc: Supervisor Donna Gerber - {
RECORDING REQUESTER BY.
Michael 3.&Adele S.Warholic
WHEN RE-CORDED MAIL TO:
Michael 1.&Adele S.Warholic
18333 Bollinger Canyon Road
San Ramon,CA 94583-1507
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFERTAX$—NJl,
Computed on full value of property conveyed.
Or computed on full value less liens and encumbrances
remaining at time of sale.
GRANT OF EASEMENT --
FOR A VALUABLE CONSIDERATION;receipt of which is hereby acknowledged,
Charles M.Farr and Lorraine A.Farr
hereby GRANT(S)TO: Michael J.Warholic and Adele S.Warholic as Michael J.Warholic,
Trustee UDT,8127/90 and Adele S.Warholic,Trustee UDT.8/27/94,
Trustees of the WARHOLIC FAMILY LIVING TRUST
the following described real property in the
County of Contra Costa,State of California:
See attached Exhibit"A"and Exhibit"B"to be made part hereto
Dated
STATE OF CALIFORNIA
COUNTY OP Charles M.Parr
On before me,the
undersigned, a Notary Public in and for said
County and State, personally appeared:
Lorriane A.Farr
P
known to me to be the persons whose nasties
are subscribed to the within instrument and
acknowledged that they executed the same. +
•Int..
Signature
i
E
`I Name(Typed or Printed)
Notary Public in and for Said County and State
(Space above for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Form 2201
E X H I B I fi A
REAL PROPERTY IN THE UNINCORPORATED TERRITORY OF CONTRA COSTA
COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL A AS SAID PARCEL IS SHOWN ON THE MAP OF
SUBDIVISION 214-77 , FILED APRIL 25, 1978, IN BOOR. 65 OF PARCEL
MAPS, AT PAGE 14, CONTRA COSTA COUNTY RECORDS, DESCRIBED AS
FOLLOW:
A NON-EXCLUSIVE EASEMENT .FOR INGRESS AND EGRESS, FOR VEHICLE,
PEDESTRIAN, AND ANIMAL TRAFFIC, AND FOR MAINTENANCE AND REPAIR.
ALL PARTIES SMALL BE EQUALLY RESPONSIBLE FOR SAID MAINTENANCE AND
REPAIR, INCLUDING THE ACTUAL PERFORMANCE OF THE MAINTENANCE AND
REPAIR WORK THAT THEY AGREE TO PERFORM AMONG THEMSELVES AND THE
EQUAL PAYMENT FOR THE NECESSARY SERVICES OF OTHERS. THE FARR.S
SHALL BE SOLEY RESPONSIBLE FOR REMOVAL OF ALL GATES AND FENCES
WITHIN SAID EASEMENT. THE EASEMENT SHALL PROCEED ALONG AND ACROSS
A STRIP OF LAND, 15 .00 FEET WIDE AND 557 .24 FEET LONG, MEASURED AT
RIGHT ANGLES, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS.
BEGINNING AT A POINT ON THE EASTERN .LINE OF SAID PARCEL A
HEREINTABOVE MENTIONED, SAID POINT OF BEGINNING BEING THE MOST
WESTERLY TERMINUS OF THAT CERTAIN COURSE DESIGNATED AS "NORTH 010
16 ' 07 " FAST 557 .24 FEET" AND DESCRIBED IN EXHIBIT "".A" IN THE DEED
TO SAMT�.JEL R. .FARR AND FRANCES E. FARR DATED JANUARY 26, 19 81 AND
RECORDED JA'N'UARY 29, 1981 UNDER RECORDER' S SERIES No. 81-12040,
CONTRA COSTA COUN'T'Y RECORDS: RUNNING THENCE ALONG SAID EASTERN
LINE OF SAID PARCEL A, NORTH 010 16 ' 07" EAST 557 .24 FEET; THENCE
NORTH 880 43 ' 53" WEST 15 . 00 FEET; THENCE SOUTH 010 16' 07" WEST
557 .24 FEET TO A LINE DRAWN NORTH'. 880 43 ' 53 ' WEST FROM THS-POINT
OF BEGINNING; THENCE SOUTH 88o 43 " 53" EAST 15 .00 FEET TO THE
POINT OF BEGINNING;
AND CONTAINING AN, AREA. OF 8359 SQUARE FEET, MORE OR LESS.
ESS/
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No. 23721
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RON ARCHER CIVIL ENGINEER INC. a 4133 MiOHR AVE, SUITE E v PLEASANTON CA. 94566 DA7E: 4-13-98 JOB NO, 11551
M. J. Warholic
18333 Bollinger Canyon Road
San Ramon, CA 94583-1507
July 14, 1998
Dear Supervisor Gerber:
The attached letter is for your file only, as you suggested that we keep you informed as to
the status of things between the Farrs and us. We were finally able to get everything
drawn up to make the easement official. All the Fans have to do is have it notarized,
then I will have it recorded. I'll let you know if there are any problems. Thanks again
for all your help with this matter. Maybe this can lead to a better relationship between
the Farrs and us.
Sincerely y
Michael Warholic
Ex6emely Utgent Fax Michael J.Warholic
18333 Bollinger Canyon Road
h eafth c?nd SM4b y fSWeS San Ramon,CA 94583-1507
Telephone: 925-820-3391
/MM�bte Action Re quile+rJ'
May 24, 1999
Contra Costa County Building Inspection Department
Ms. M€clue Prez,Zoning Code Violations and Complaints
651 Pine Street
Martinez,CA
Re: C.M.Farr Metal Construction(Illegal Metal fabrication Business Site)
18311 Bollinger Canyon Road,San Ramon 94583 Telephone 925-820-4024
Dear Ms. Prez,
As County Staff is well aware and County records w€ll confirm,from Board of Supervisor's meetings on down,C.
M.Farr Meta'Construction has been a constant source of contention. Mr. Mike Farr has managed to continually
run his metal construction business illegally from an agriculturally zoned site,by soliciting support from Bollinger
Canyon residents, including ourselves(his only neighbor most immediately affected by these operations)who
gave conditional and limited support to his operation the last time this came up before the Board of Supervisors.
At the time,exceptions were made by the County to overlook the fact that Mr. Farr did not have a Use Permit,
and thus ignored related permitting and regulatory issues such as,but not limited to, B.P.A.,O.S.H.A.,County
Health;Air Resources Board, Hazardous and Volatile Gas Storage and Usage,and Commercial Compressed
Air Usage.
Our conditional support at the time was based on promises by Mr. Farr and documents that were filed with the
County but, unknown to us until recently were never voted into law by the Board of Supervisors.Since our initial
expression of limited and conditional support, Mr. Fan's business has grown from a small family worked venture
into a large-scale commercial operation with outside employees.With this large scale operation comes a total
disregard for the promises made by Mr. parr and documents originally filed the last time this came before the
Board of Supervisors.We have had to endure extreme amounts of noise and air pollution causing hearing and
breathing problems from open-air painting of steel girders on open ground,as well as steel welding,de-scaling
and grinding on open ground. Furthermore,we are also concerned about adverse health effects caused by
possible ground and water contamination from these operations over many years.
Since we have adjoining property lines,and these large scale outdoor operations are immediately upwind and
upslope from our residence and garden,we have become increasingly concerned about our health and welfare.
All these contaminants, and many other safety concerns, such as the possibility of flash burns to the eyes from
unshie€ded welding arcs and flying debris from high speed open grinding operations,are a constant threat.
Any conditional support we once gave has long since evaporated.This past weekend was the crowning blow.
Can Saturday, 22 May at approximately 3:30 P.M., paint fumes from C.M. Farr's metal fabrication operations
caused me to become faint,dizzy,and experience extreme difficulty irl breathing while working out in my front
yard. After calling 911 for help, I Was administered oxygen by paramedics and rushed by ambulance to the San
Ramon Valley Regional Medical Emergency Room. Please feel free to reference the 911 tape,as well as read
the incident report filed by Contra Costa Deputy Sheriff S. Andrews who also responded to the 911 call(His
phone number is 925-646-2441).
Please,for the health of myself, my family,and friends and visitors, enforce existing laws and cause C.M.Farr
Metal Construction to immediately cease qnd desist all operations at this site, assure us that we are safe from
any environmental contaminants,and C.M.Farr to relocate to a suitable industrial site elsewhere.
l
Sincerely, '
M. J.Warhol`
Building Inspection Department �{�I-���-� CarlosSaltodano
Director of Building inspection
PROPERTY CONSERVATION DIVISION Costa
NEIGHBORHOOD PRESERVATION PROGRAM
651 Pine Strut, 4th Floor County
Martinez, California 94553-17152 `Y -`•
PCD (925) 335-1111
MPP (925) 335-1137 k
FAX (925} 646-44517
May 25, 1999
Michael J. Warholic
:8333 Bollinger Canyon Rd.
San Ramon, CA 94583-1507
Dear Mr. Michael .I. Warholic,
This letter is just to inform you that a code enforcement case has been opened in response to your
complaint and ;son file with RF49904 i 0. If you have any further questions or concerns, please
call us at (925) 335-1111.
Sincerely,
Larry Byers
Building Inspec, r 1
1,B-',bp
Michael J.Warho€ic
18:333 Bollinger Canyon Road
San Ramon, CA 94583-1507
Telephone: 925-820-3391
May 31, 1999
Contra Costa County Building Inspection Department
Ms.Mickie Prez,Zoning Code Violations and Complaints
651 Pine Street
Martinez,CA
Correction Notice Regarding my fax of May 24, 1999 to you:
Re: C. M.Parr Metal Construction(illegal Metal Fabrication Business Site)
18.311 Bollinger Canyon Road, San Ramon 94583 Telephone 925-820-4024
Dear Ms. Prez,
In the next to the last paragraph, I stated that I was administered oxygen by paramedics. That was a
misunderstanding on my part. € have learned since I wrote the letter to you,that the paramedics did place an
oxygen mask loosely on me,but they did not turn the flow of oxygen on. It was an effort by them to reduce my
oxygen intake and slow my breathing.
In an effort to avoid any confusion it theYLAreegarding this,please attach this letter to my original letter(dated
May 24, 1999) in your f€le. Th1ksfo p.
Sincerely,
M.J.War
V - REACTIVITY DATA
STABILITY: Stable CONDITIONS TO AVOID.High temperatures,ignition sources
INCOMPATIBILITY (MATERIALS TO AVOID): Strong oxidizing agents
HAZARDOUS POLYMERIZATION: Will Not Occur
HAZARDOUS DECOMPOSITION PRODUCTS: May produce hazardous fumes when heated to decomposition or
combustion as in welding or fire.
VI - HEALTH HAZARD DATA
- SYMPTOMS/EFFECTS OF EXPOSURE AND OVEREXPOSURE -
PRIMARY ROUTES OF ENTRY: Inhalation,Skin and Eye Contact,Ingestion.
ACUTE: Dizziness,headache,nausea,confusion,irritation to upper respiratory tract,unconsciousness,skirt&eye
irritation. Intentional misuse by deliberately concentrating and inhaling the contents may be harmful or fatal.
CHRONIC: Prolonged exposure to high vapor concentrations may result in kidney or liver damage. Reports
have associated repeated and prolonged occupational overexposure to solvents with permanent brain and nervous
system damage. Prolonged and/or repeated exposure to respirable(airborne)crystalline silica dusts as may be
generated by sanding or grinding of dried paints and other building materials without wearing proper respiratory
protection can cause cancer or silicosis,a non-cancerous lung disease that can result in substantial impairment of
breathing function.
MEDICAL CONDITIONS PRONE TO AGGRAVATION BY EXPOSURE: Respiratory conditions such as
bronchitis,asthma,emphysema or allergies may be aggravated by exposure to spray mist or solvent vapors.
See your physician for specific medical opinion regarding your condition.
- EMERGENCY AND FIRST AID PROCEDURES -
INHALATION: Remove to fresh air. Restore breathing. Consult physician.
EYE CONTACT: Flush with large volumes of water for 15 minutes. Get medical attention.
SKIN CONTACT: Wipe off with a rag. Wash thoroughly with soap and water.
INGESTION: Consult hospital emergency room or Poison Control Center immediately.
VII - PRECAUTIONS FOR HANDLING & USE �
STEPS TO BE TAKEN IN CASE MATERIAL IS SPILLED: Extinguish all sources of ignition. Ventilate area
to prevent build-up of vapors that may accumulate in low areas. For larger spills,dike area with absorbent
material and scoop up with non-sparking tools. Soak up small spills with absorbent.
WASTE DISPOSAL METHOD: Dispose in accordance with local,state and federal regulations,preferably by
incineration in an approved facility. Do not incinerate in closed containers.
HANDLING AND STORAGE PRECAUTIONS: Store upright in sealed containers away from sources of heat and
flame.
OTHER PRECAUTIONS: The control measures in Section Vill should be followed when you sand this product and
° most other paints and building materials such as sparkles and dry wall compounds.
Remove and wash contaminated clothing before reuse. Discard contaminated shoes.
VIII - CONTROL MEASURES
RESPIRATORY PROTECTION: Use a particle mask(NIOSH/MSHA TC-21C)to avoid breathing spray mist or
sanding dust if local ventilation is adequate to keep concentrations within acceptable(TLV)limits. If local
ventilation is not sufficient,or where exposure limits are exceeded,wear a suitable,properly fitted respirator
(NIOSHfMSH.A TC-23C or better)for organic vapors with a dust filter as needed.
VENTILATION: Local cross-ventilation or mechanical exhaust sufficient to keep all hazardous vapor concentrations
below prescribed limits.
PROTECTIVE GLOVES: Neoprene or other chemical-resistant rubber or plastic.
EYE PROTECTION: Glasses with side shields or chemical goggles.
NOTE: T141S INFORMATION IS BELIEVED TO BE COMPLETE AND ACCURATE. IF ANYQUESTIONS
ARISE,CONTACT MANUFACTURER LISTED ABOVE. Sill
Fax Letter Michael J.Warholic
18333 Bollinger Canyon Road
Ad ntion Mr. LarW81WrS San Ramon, CA 94583-1507
Telephone: 925-820-3391
June 3, 1999
Contra Costa County Building Inspection Department
Mr. ;carry Buyers, Building Inspector 1
651 Pine Street
Mar'Inez,CA
Re:Code Enforcement Case RF#990410
Dear Mr. Buyers:
Thank you for your letter dated May 25, 1999. l certainly appreciate all your he€p.
You mentioned that if I had any further questions or concerns,to please contact you. Since getting your letter, I
have observed a flurry of activity at C.M. Farr Metal Construction,as they appear to be focusing on a massive
clean-up effort in advance of your visit. I am sure you will not see or hear much in the way of metal fabrication
Men you visit the site.
€ have personally observed a number of tractor-trailer flat bed rigs hauling away what appear to be large partially
fabricated steel beams. Furthermore,they have been cleaning up the industrial work yard where the beams
were fabricated and painted,even going so far as to rearrange the gravel on the surface of the yard to eliminate
evidence of all the open air painting of the massive beams on the ground.
My concern is that this is an attempt to make this operation appear very benign and sterile when in fact, it is a
large,exce_&&ely noisy and fume producing(welding and painting),dust generating(weld grinding operations)
metal fabrication business. I realize from our earlier conversations that you are relatively new In this position
with Contra Costa County and may not be aware of all the past history between C.M. Farr Metal Construction
and the County. 1,on the other hand, have been faced with this issue for the past 18 years.
In order to assist you with your evaluation of this code enforcement case, I want to make available to you all the
detailed notes,personal observations, hours of videotape with vivid sound as well as still photographs, many of
which are time and date stamped. This additional documentation will prove beyond any doubt that this is a
large-scale metal fabrication and construction business.
Please contact me at your earliest convenience to set up a mutually convenient time so 1 can share this
indisputable evidence with you. However, as I indicated to you during our last conversation,due to previously
scheduled business commitments, I will e unable to meet with you until after.June 17`x.
Sincerely, ���
G
M.J.Wa :c
CC: Mr. Mire Silva
Mr. Carlos Baltodano
b op.,� RICHARD E. NORRiS /� REPLY TG. 3650 MT. DIABLO 0LVID., SUITE 530
DOUGLAS C. STRALtS � F. � � U V L�
WALNUT CREEK,CALIFORNIA 34596
CY EPSTEIN TELEPHONE: (92.5) 9.34-8181
FAIF CCLIN J. COFFEY k FAX: (325D 934-3565
SHARON M. IVE fRSEN �( [�
EDWARD L. SHAFFER JUN p 1999
MICHAEL S. PETERSON
?. ..� PAULA L. BACA 3260 BLtJME DRIVE,SUITE 4007
3��77r�y�t NOLL M. CAUGHMAN BUILDING INSPECTION RICHMONO,CALFORN;A 94806
1V\Jf1� MICHAEL A. SWEET T
PROPERTY C(#IdSEIib'AT �#
ION ELEPHONE:<bIO) 222-2;00
FAX:(5;0) 222-59,32
June 8, 1999
'SIA FACSIMILE AND MAIL
Larry Byers
Code Enforcement Inspector
Contra Costa County Building Inspection Department
651 Pine Street, 4th Floor
Martinez, CA 94553-0152
Re: Your Notice RF990410
18311 Bollinger Canyon Road, San Ramon (APN 199-030-040)
Dear Mr. Byers:
We represent Lorraine and Charles Farr, owner of the above-referenced property. This
letter is in response to the letter to Mr. & Mrs. Farr dated May 24, 1999 from Mickie Perez of
your office and referring the Farrs to you.
Mr. Perez stated that complaints have been received regarding an alleged "illegal metal
fabrication business" on the Farrs' property, constituting building or zoning violations. He
warned that fees might be charged if additional action by your department was required.
We hereby notify your office that the business at issue has been carefully considered by
the County Board of Supervisors on several occasions. The Board has directed County staff not
to take any enforcement action against its continued operation until certain events occur(all as
described below).
1987 Board Action
In 1987 the Farrs applied for a home occupation permit regarding their metal fabrication
business. The Board of Supervisors recognized there was a policy question involved, regarding
whether such an activity should be allowed in an agricultural area in order to provide a needed
service to surrounding ranches and farms. Thus, while the permit was denied, the Board Carder
adopted on November 3, 1987 states:
Community Development Director and County Counsel are DIRECTED to
determine whether changes should be made in zoning and land use permitting in
agricultural zones; and staff is DIRECTED to delay enforcement of the Land Use
Permit denial pending the results of the evaluation. (emphasis in original)
F00730011164376-1 00730011164376-1
Larry Byers
Code Enforcement Inspector
.Tune 8, 1999
Page 2
1989 Board Action
4n December 19, 1989, the Board of Supervisors approved a new Order accepting staff's
fallow-up report on the matter and adopting Recommendation#2: "Defer further review of
zoning changes or enforcement action pending review of the Proposed Countywide General Plan
Revision." The Board's Carder also included the following statement: "The proposed Plan
recommends further changes to agricultural zoning districts to allow additional agriculturally-
related businesses with a use permit."
1991 Adoption of New General Plan
The Board of Supervisors adopted a new Countywide General Plan in 1991. The
Conservation Element of the Plan contained Agricultural resources Mitigation Measure 8-aa
(see page 8-44 of the current Plan). Measure 8-aa calls for(1)modifying .zoning regulations to
allow agricultural service businesses and(2) implementing permit procedures and standards for
different types of businesses. When the 1991 Plan was reconsolidated and updated in 1996,
Measure 8-aa was kept unchanged. Measure 8-aa has not yet been implemented by the County.
1996 Use Permit Approval
Mr. &Mrs. Farr applied for a permit to allow two additional residences on their property.
Permit LP962029 was approved on October 17, 1996, subject to the following Condition No. 5:
Metal Fabrication Shop---Promptly after the County amends zoning regulations in
compliance with the General Plan's Conservation Element Policy No. 8-aa, and
established procedures for allowing agricultural service business and uses, the
applciant [sic] shall follow the method specified by those procedures to obtain
approval of the metal fabrication shop and continue metal fabrication activities on
the property. In the event the Board of Sueprvisors [sic] finally denies any such
necessary approval, the applciant [sic] agrees to terminate all unauthorized metal
fabrication activities not permitted under then-applicable law and to use the metal
shop structure only as permitted under the law. In the event the applicant seeks
permits for the nearby homesite along the eastern property line approved under
this permit at a time when the metal shop is operating, such permits shall be
evaluated for compatibility between the residential and metal fabrication uses, and
may be conditioned or denied to avoid incompatibility.
Thus Condition No. 5 confirmed that the shop could continue operating without interference
until new zoning procedures were adopted and a permit application could be processed. The use
permit grants the Farrs five years to exercise their rights to add additional residences; thus
Condition No. 5 recognized that the metal shop might continue operating at least that long(until
the shop and new house are evaluated for compatibility).
Larry Byers
Code Enforcement Inspector
June 8, 1999
Page 3
1997 Subdivision Approval
On September 9, 1997 the Board of Supervisors approved Subdivision MS 141-90,
allowing the Farrs to divide their property into three parcels (one for each residence approved by
the land use permit). Condition No. 36 addressed the metal shop:
Elimination of Metal Fabrication Use — At least three weeks prior to seeking
occupancy of a residence on the easternmost parcel, Parcel "C", the applicant
shall convey a letter to the Community Development Department indicating that
the metal fabrication business activities have been terminated and that the site
may be inspected for the purpose of verifying code compliance. Occupancy of
the residence shall not be permitted until the Zoning Administrator has
determined that the site is in compliance with the zoning code requirements
including any entitlements.
This condition reaffirms the Board's expectation that the metal shop might continue operating
for an extended period. It also gives direction that code compliance should not be an issue until
the Farrs record their parcel map and propose to occupy a new house near the shop.
Surrounding property owners are fully aware of these facts, as they participated in
previous County reviews of the situation. Your office should not accept at face value erroneous
accusations that the Farrs' business is "illegal"or otherwise should be subject to code
enforcement. Given these facts, no inspection or other fees should be levied on the Farrs; if
anything, you should consider charging the party filing this unfounded complaint to compensate
the County for wasting staff time.
Please confirm there will be no further action by your department on this matter. I should
receive a copy of any related correspondence or other material you may send or receive.
Very truly yours,
<�,
MORRIS &NOIts, P.C.
By Edward L. Shaffer
ELS:gcc
cc: Mickie Perez
Lorraine and Charles Farr
(via facsimile only)
t
a
t -' r - 11
Contra Costa County Community Development Meeting Agenda
24 June 1999, 09:00
Subject: C. M. Farr Metal Construction (Industrial operation from agriculturally zoned land)
18311 Bollinger Canyon Road, San Ramon, CA 94583
Purpose: Presentation of factual evidence by Michael and Adele Warholic (photographs, video tapes
with sound, letters, notes, and other documentation) to prove to Contra Costa County that C. M. Farr
Metal Construction is a heavy industrial operation, complete with air, ground water, and noise
pollution, operating from agriculturally zoned land.
Actions requested of the County:
• Enforce existing Agricultural Zoning laws
• Require C.M. Farr to relocate to appropriate industrial site before C. M. Farr's operation causes a
death or serious health problems to either the Warholics or someone visiting their property. MOTE:
Michael Warholic has already been rushed to the hospital emergency room by ambulance on
Saturday, May 22, 1999, for dizziness, headache, nausea, and extreme difficulty breathing after
being overcome by paint fumes from red oxide painting operations at C. M. Farr.
Overview:
• Starting with the Warholic purchase of neighboring property 18 years ago, C. M. Farr's small
family run operation gained conditional support of the Warholics and other Canyon residents up
through and during the last time it was brought before the Board of Supervisors.
• Since then, the operation has not only changed and grown substantially, but now pollutes the
surrounding countryside, including the neighboring Warholic residence, garden, and orchard, with
toxic dust and fumes from Kelly-Moore red oxide primer (per Bay Area Air Quality Management
District), welding fumes, and grinding dust (including airborne crystalline silica dusts) —all of
which are extremely hazardous to your health when inhaled without proper respiratory protection
(per MEDS sheet).
• Noise pollution unbearable: Metal grinding 110 decibels, pneumatic chipping of welds and steel
beams 130 decibels (per outside source documentation of typical sound levels).
• Down slope and down wind properties (including the Warholics and the main stream along
Bollinger Canyon Road) subject to polluted runoff from red oxide primer residues, welding and
grinding dust, and crystalline silica dusts which then enters the ground water system.
• Constant concerns about being blinded by arc burn from unshielded welding operations, as well as
concerns about possible flying debris from high speed grinding operations.
• Storage yard across easement road to Warholic property presents a dangerous gauntlet of employee
parking, large steel beams being transported, forklift, and car traffic.
Summary of Documented Evidence:
• Detailed photographs showing large scale steel beams piled all over C. M. Farr yard, extending
from the shop all the way out to the front gate, where grinding, welding, and spray painting
operations were taking place.
• Videotapes complete with sound, documenting various aspects of his operation, including many
types of dangerously loud noises that routinely come from C.M Farr operations.
• Kelly-Moore Material Safety Data. Sheet (MEDS) for Kel-Guard Red Oxide Primer#1710-120 Red
• LISA Today Science article dated May 4, 1999, re: dangerous sound levels that lead to deafness
• Measured residential voltage fluctuations during certain types of operations being performed
• Logbook of notes
• Copies of recent letters and faxes to Contra Costa County from Michael Warholic
NOR JV]a7 RICHARD E. NORR#S REPLY TO: � 1850 MT. DIABLO BLVD., SUITE 530
DOU(aLAS C. STRAUS ® WALNU T CREEK,CALIFORNIA 94596
CY EPSTEIN TELEPHONE: (925) 934-8181
COLIN J. COFFEY FAX: (925) 934-3665
SHARON M. IVERSEN
EDWARD L. SHAFFER
MICHAEL S. PETERSON
... " f HULA L. 3ACA 3260 BLUME DRIVE,SUITE 400
l4omiz NOEL M. CAUGH?V-AN RECHMdND,CALfFCJRNIA 94806
l�}0.J1\ MICHAEL A. SWEET TELEPHONE: (510) 222-2;00
FAX: (510) 222-5992
July 15, 1999
VIA FACSIMILE AND MAILE R.EC .
Contra Costa County Board of Supervisors --
651 Pine Street JUL 1999
Martinez, CA 94553-0095
aE.iRK ARD OC fit" 3a�5
Re: Farr Metal Shop at 18311 Bollinger Canyon Road
Honorable Supervisors:
We represent Charles and Lorraine Farr, owners of the above-referenced property. An
item has been placed on the Board's agenda for July 201h regarding operation of the metal shop
on the Farr's agricultural property (I do not have the agenda item). This was triggered by
accusations that the Farrs improperly altered the use of this shop. The Board is being asked to
initiate code enforcement efforts.
The purpose of this letter is to request a continuance of this agenda item for two weeks, to
August 3d. The Farrs only became aware of this matter when they received mailed copies of the
staff report on July 12'h. Apparently County staff met the neighbor making these complaints on
June 24", and subsequently wrote the staff report and scheduled the Board hearing. However,
staff did not contact the Farrs beforehand to verify the accuracy of the `evidence" submitted or to
give them a chance to discuss the accusations. This proposed Board action has come as a
complete surprise to the Farrs.
We managed to arrange a meeting with staff—but not until the afternoon of July 19th.
For some reason we are not being allowed to view the alleged evidence against the Farrs until
then—less than 24 hours before the Board meeting. This will not allow time to prepare a
response or assemble material needed to rebut the accusation. For yon r i-r-fortnatior, the Farrs
contend that their operations have not changed and do not warrant this code enforcement action.
The Farrs deserve adequate time to deal with this attack. We will be present on July 20th
in case the Board has any questions. Thank you for your attention to this matter,
Very truly yours,
NORRIS &NORRIS, P.C.
By Edward L. Shaffer
ELS:gcc
cc: Lori &Mike Farr
F0073001/165234-1
JUL m 151 9 9(THU) 15 4 5 NORRI S NORR I S W. C. TES,; 192 9?4366 P. X01
R+CMARP E: N04AI5 !050 MT. DIABLO ALSt#3. SUITE 520
NOM Dou ± • ;cwriy FAX {925;. 234-366E
M ARP L, &tjAirrx
i2fio#9 E;ME #SIE. SUITE at#
DAFl#E4 E}. {`#.#pkdM
oIGi4AEL a. Pklt�950�
PAULA L, 31ACA
PAN 0101 M—Sass
NOM tdsl MA;b A. s`1ebEET r
Person Rea*1v ;°its' J
Centra Costa comity Board of 925/335-1913 ;
supervisors E
Charles & Lorraine Farr 925/820-6327
rTa : Edward Shaffer Dates Full 15, 4.999
Re.- item on July 20, I R 9 g Scnrd agenda
ORIGINAL- WILL FOLLOW x WILL NOT FOLLOW
REPLY TO,; iii =Ind Walnut Creak
phones 510/222-2100 phane t 25/934-8191
fax; 10/222-6992 fawt 926/934-3C65
FiRequest for conte uamce to August 3r4.
WARNING., TRIs r he is€nt nded only for the en ty to (t
manaf and nvy wntbin Infbr uift^€#Mt is privINKled,confidential aM exempt disalcmuro
under applicable low, if yaw are rmt the Intended l �you are herby noted that any Lite,
dl lnation, to utio ,or copying of this communication IS aftily proMotted. N you have. fiver
this commmication in+ter,plemse notes us immediately telephone,and return thft original
Ii-Inegm,to us at theAme a4dr YJAttw Us P061IMl SaMed. Thank u.
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July is, 1999
D AIAIL $. <.
Contra Costa County Boand of Supervisors
651 fte Street BOARD OF
Martinez,CA 94553- 9A
W: frarr Metal Shop at 18311 BoUtner Canyon Road
honorable sea
we rapfesent Charles and Lormine FwT,e ft�&ofthe eve-a femnced property, .
item has been plac4d an the Baud's agendas for July 20m regarding operation of the metal shop
on the F=1a atricuttural.proper(T do not have the agenda item), This wus trisvarW by
F r i i Frop'l the use af#ija shop, The Board is being 1k to
iuifioe0 onforcemolit offolis,
'Me purpose of this letter is to request a continuance of this agenda item for two weeks,to
August 3rd. The Fars only became awe of this matter when they rvceivad wailed dies of the
staff rapart on Daly l . Apparently County staff a et the neighbor making these complaints on
June 24"'. and subsequently wrote the std report and schuduUd the Boad hearing. T o r
tater'r did not contact dxe Fam befordwid to ver4 the accuracyof the"evidence'submitted.or to
Sive tbm a charw to disom the ace lours. This proposed Road a etion has came as a
complete surprise toffie Farrso
We managod to ampga aa.meeting with staa—but not tintil the 4fternoon of July t 9,h.
For some mason we areriot being attowed to view the alleged evidence egaft€st the Fam until
then---less than 24 hours before the Roard mooting, This will not allow ti=to prop=a
response or semble matewia l needed to rebut the accusatioA. For your information,tlae Farrs
contend that the options have not ohaaged and do not warrant this mode enforcement as tiom
The Fra at deserve aadequaa€o time to deal with time attack. AFe will tie PrOsent On July 2&
in case the Board bas any questions. Thank you for your atteation to Ws matter.
VWy truly yours,
NORRIS& O , P.C.
By Edward L. Shaffer
FL ' ca
Coll Lori&Atte Farr
12731112 .-1