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HomeMy WebLinkAboutMINUTES - 09232003 - SD.9 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICD � Costa COMMUNITY DEVELOPMENT ©IRECTORounty dye_ t� 1�iw�►+i/ DATE: September 23, 20013 SUBJECT: Continued Hearing on an Appeal of East County Regional Planning Commission [decision to Revoke a Land Use Permit for Dry Boat Storage,County File##LP 2059- 85 and to Deny an Application to Modify the Land Use Permit, County File ##LP992063)at##4091 Orwood Road in the Brentwood/Bixler area(William Reddick --Applicant/Owner/PermitteelAppellant) (Sup. Dist. 111) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Accept report from applicant on schedule for compliance with land use permit and other applicable ordinances. 2. Continue hearing to October 14, 2003 to allow for staff review and recommendation. FISCAL IMPACT: None. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON September 23, 2003 APPROVED AS RECOMMENDED X OTHERX CMrINM THIS MATrfR TO OCTORM 14, 2003 at 10:00 a.m. VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS (ABSENT None } CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Bob Drake[(925)335-12141 ATTESTED Member 23, 2003 cc: Bob Drake JOHN SWEETEN, CLERK OF THE BOARD OF Hasseltine Consulting SUPERVISORS AND COUNTY ADMINISTRATOR William Reddick ,. Building Inspection Dept. �: Public Warks Dept. BY 13` v l,' is tj �, #.t ,�,������, , ,DEPUTY Health Services Dept.,Env. Health Div. ' County Counsel September 23,2003 Hearing Board of Supervisors Pile#2059-88&#L.P992063 Page 2 BACKGROUND On August 12,2003,the Board of Supervisors conducted a hearing on an appeal of a decision by the East County Regional Planning Commission to revoke a land use permit for a dry boat storage facility, and to deny ars application seeking to amend that permit to allow other uses for a site on Orwood Road in the Brentwood/Bixler area. The applicant had been notified that the activities on the site did not comply with the requirements and limitations of the land use permit and zoning, and did not comply with other applicable ordinance requirements including building and health code requirements. Aftertaking testimony,the Board continued the matterto allow the applicant an opportunity to submit a program and schedule for compliance with the land use permit and other applicable ordinances. RECEIPT OF PROPOSED PROGRAM FOR CODE COMPLIANCE FROM APPLICANT The applicant has provided staff with a proposed program to provide for compliance with the land use permit and ordinance requirements. It would involve some modification to the existing land use permit terms. Staff is still reviewing the program. However, on initial review, it appears that the program is constructive and one with which staff Can work. Still, before the Board acts on the appeal, staff would like to study it further, and if found acceptable, propose to the Board a program for effective administration and enforcement. In this regard,the Board should acknowledge receipt of the program and continue the hearing for recommendation on appropriate action. The applicant indicated that they have no objection to continuance of the hearing. GACurrent Planning\cure-plan\Board\Board arders\2059-88-c.bo.doc RD\ HASSELTINE CONSULTING Government Relation$ k�{i;f `. J r l ;� ; �� � ��' 3182 Old Turnei Road Planning andt � Suite E Development 31,E SEP 18 Pi i d . 15 Lafayette,CA 94549 t (925)938-7870 1,�925)938-8045 FAX September 16, 2003 Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Appeal of Revocation of LP 2059-88 Dear Chairman DeSaulnier and Members of the Board: In response to the Board of Supervisors directive of August 12, 2003, we have prepared a plan of action to bring the property at 4091 Orwood Road in Brentwood into compliance with all pertinent County codes and to apply for all necessary permits for the improvements to this site. If the Board accepts this plan, we respectfully request that the appeal of the revocation of Land Use Permit 2059-88 be held in abeyance for 45 days to allow for the implementation of the plan. In preparing this list of actions, we have made the assumption that a legal mechanism to allow the storage of Recreational Vehicles in up to 30% of the total storage spaces on the property will be approved by the Board within the time frame of this plan. The plan has two phases. The first phase deals with meeting the requirements and conditions of LP2059-88. The second phase will proceed if the first phase is successfully completed. The second phase addresses LP 992063. The applicant shall have 45 days to complete the following items to the satisfaction of the County. Failure to complete these items in that time shall result in denial of the appeal and revocation of LP 2059-88. If these items are completed satisfactorily within the 45 days, the appeal shall be granted and the applicant shall initiate Phase 2 immediately. Phase 1 requirements include: 1. The appellant in the matter of the revocation of LP 2059-88, who is also the applicant for LP 992063, will pay the County the fees currently charged to him upon receipt of an itemized bill. 2. All non-operable vehicles, autos, trucks, and buses will be removed. 3. A landscape plan has been submitted to the County. Upon approval of that plann or a modification thereof; the landscape work will be completed within 15 days. (Condition 2). 4. An application for paving from the existing edge of pavement of Orwood Road to the property will be completed and submitted to the County Public Works Dept. for approval and issuance of an encroachment permit. Once permitted, the paving and the entry gate will be installed. The location of the entry gate wi l be as determined by the County Public Works Dept. (Condition 9C). 5. The existing driveways and storage areas will be properly graveled. As the site is more fully developed, the driveways and storage areas will be graveled concurrently. (Condition 8). 6. A Deferred Improvement Agreement will be requested and signed by the applicant for those portions of the Public Works conditions that CC-PWD agrees can be deferred. (Condition 9 B). 7. The 55 feet setback for structures from the rear property line has not been breached and will,be retained as required. (Condition 9E). 8. A Preliminary Title Report has been submitted to the County. Another can be provided if necessary. (Condition 9H). Phase 2 requirements include: 9. An application for LP 992063 has been submitted to the County. This application is to allow storage sheds, an office mobile unit and a caretaker mobile home. Once this application is acted on, further applications for the appropriate building permits for these structures and mobile units will be made within 30 days. 113. The applicant will amend the application for LP 9921363 to allow for the storage of essential maintenance equipment on the site. 11. We have met with the Environmental Health Department. It has been established that the well was installed under a valid County permit. The well slab must be inspected and repaired or installed as necessary. A water quality=test was performed on July 2, 2002 by Cerco Laboratories, which indicated an acceptable water quality. We will conduct a ground profile test for Environmental Health immediately following an approval from the Board of Supervisors to proceed with the program described in this document. That will establish the criteria for the septic tante and leachfield. Current indications are that the existing septic tank can remain as is, but a new leachfield must be approved and installed,to which we have agreed. All work to obtain the necessary permits for the septic tank and well on the property will be initiated upon approval of this program and completed within 45 days. 12. Upon approval of LP 992063,drainage requirements for collect and convey must be met. Drainage releases from downstream property owners will be obtained and submitted to the County along with the drainage plan for the site within 30 days. (Condition 9A). 13. All fees required in conjunction with permits issued for this property will.be paid upon notice. Thank you very much for your consideration of this matter. Sincerely yours, Eric Hasseltine cc: Members of the Beard of Supervisors William Reddick