HomeMy WebLinkAboutMINUTES - 10301984 - T.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
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Adopted this Order on October 30 , 1984 , by the following vote:
AYES: Supervisors Powers , Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Decision on appeal of Frank Belleci & Associates
(applicant) , and Roy G. Lucchesi and Blair F . Spires
(owners) , from denial of application for Land Use Permit
No . 2121-83 to establish a sand quarry and reclamation
plan in the Oakley area.
The Board on October 23, 1984, deferred to this date . its
decision on the appeal of Frank Belleci & Associates (applicants) ,
and Roy G . Lucchesi & Blair F . Spires (owners) from denial of appli-
cation for Land Use Permit No . 2121-83 to establish a sand quarry
and reclamation plan in the Oakley area; and
Supervisor Torlakson commented that he would like staff to
review the title for the Sand Quarry Ordinance because he felt the
name Sand Quarry was a specific part of the problem in this cir-
cumstance, stating that as soon as people in the community heard
"Sand Quarry" they pictured a large industrial type of operation
with sand pits and mounds of sand , and immediately started a petition
drive; and
Supervisor Torlakson commented that the petition drive
started in the community was , in his opinion, somewhat exaggerated
in terms of the dangers which could occur from this type of an
operation and stated that this operation of land leveling or sand
removal would occur under a normal grading permit for a subdivision
application and also stated that today the Board would hear staff's
review of the concerns which were referred to them by the Board at
the last public hearing; and
Harvey Bragdon, Assistant Director of Planning, advised
that the staff's recommended conditions for the issuance of the
Quarry Permit were submitted to the Board members prior to the
meeting, and inquired as to whether thee were any questions with
respect to the proposed conditions as submitted by staff; and
Mr . Bragdon also advised the Board of an additional con-
dition which would require the applicant to post a $2,000.00 cash
bond to defray costs of any legitimate inspection which may be
necessitated on this project , and advised that the Public Works
Department had prepared cross sections showing the amount of sand
that would be removed from this property; and
Supervisor Torlakson commented that he had reviewed the
map earlier with Boyd Jewett from the Public Works Department , and
stated that the Public Works Department felt that this was what
might occur in a normal subdivision grading operation in terms of
the amount of sand removal from this property and was well within
the standards of the drainage requirements of the Public Works
Department; and
Supervisor Torlakson also suggested that the Board hear
comments from the applicant and the appellant with respect to the
revised condition which had been submitted by staff; and
Mr . Jeff Huffaker , representing the Empire Avenue
Homeowners' Association, commented that he felt the present provi-
sions for the phasing of the two sections of the quarry area
appropriate and requested that the northern most section of the
quarry be quarried first as it is the furthest in distance from the
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residents in the area and would cause less nuisance to the residents ,
�! and commented that the quarrying of the northern most portion of the
quarry would not cause any delay or slowdown in the sand removal
process by the applicant . Mr . Huffaker also requested that before
the permit is scheduled that a truck and bus schedule be submitted
to the Zoning Admisistrator so that everyone involved will know pre-
cisely when the trucks will be removing sand, and stated that what
he would like these conditions to accomplish is to nail down in as
precise a term as possible the conditions which are being imposed on
the applicants so that there will be as little room for arguments as
possible between the residents in the area and the applicants; and
Mr . Huffaker stated that with respect to the sand fence he
did not feel that a three foot fence would be adequate, and commented
that he would like to see the condition with respect to the water
truck modified as the existing condition does not set forth any cri-
teria or quidelines with respect to how often the site should be
watered or as to how much water is to be used . He commented that he
would like to see plans set forth which would require the site to be
kept damp on a regular basis , and commented that he felt security
fencing should be placed around all of the equipment , in addition to
all areas adjacent to school bus zones to deter the children from
entering the property; and
Brian Thiessen , representing the applicants and the owners
of the subject property, appeared and stated tht he felt a few of
the conditions need to be revised and suggested the following modi-
fications:
Condition 4B should be modified so that no trucks would be
allowed on Empire Avenue during the time that children •are there; and
Condition 7 should be modified to allow sand removal on
Oakley Road to be removed from the north quarry site and removal on
Empire Avenue from the south quarry site; and
Mr. Thiessen commented that with respect to condition 8 he
felt that the condition as proposed would adequately allow the
Zoning Administrator to address the problems of dust control , and
commented that condition 14 was vague as to the area and commented
that he felt fencing at the bus stop area was unnecessary. He also
commented that with respect to condition 17 he felt that the neighbors
should also be required to post a bond so that if illegitimate
complaints are made by the neighbors in this area then the County
would have a vehicle in which to recover costs for staff time incurred
in the investigations of these complaints; and
Supervisor Torlakson requested that the Board refer to the
County Planning Department to change the name from a Quarry Permit
to Land Leveling Permit or something of that nature so that it does
not automatically invoke the image of a large sand quarry; and
Supervisor Torlakson also stated that he felt this project
was in a transition area, and commented that this original premise
was to approve this application with controls which, he commented,
were far tighter than what would utilized under a normal subdivision
process in preparation of this area for a future development; and
Supervisor Torlakson recommended that the Board adopt the
findings set forth in Exhibit A and approve Land Use Permit No. 2121-83
with specific conditions and modifications as set forth in the Exhibit
B, both of which are attached hereto and by reference incorporated
herein.
Board members having considered the matter, IT IS BY THE
BOARD ORDERED that the recommendation of Supervisor Torlakson is
APPROVED.
1 hereby certify that this is a true and correct co!)v of
an action taken and entered on the minutes of .he
cc: Dir . of Planning/Public Works Dir . doaro of Supervis non the date shown.
County Counsel/County Assessor .�0
Oakley Fire Protection District ATTESTED: /98¢'
Oakley School District PHIL BATCHELOR, Clerk of the Board
Liberty Union School District of Supervisors and CountyAdministralor
Frank Belleci & Assoc .
Roy G. Lucchesi/Blair F. Spires By Deputy
Jeff Huffaker/Brian Thiessen
t EXHIBIT A
FINDINGS
Finding del: The proposed conditional land use will not be detrimental to the health,
safety and general welfare of the county;
The proposed grading operation will be of a lower intensity, on a day-to-day basis, than
that associated with a residential development on the subject property. This was
demonstrated during a recent planning commission field trip comparing quarry and
residential grading operations. Further, field study of quarried areas reclaimed in accord
with permits issued under the 1979 County Ordinance have illustrated the success of
reclamation efforts compared with pre-ordinance quarry operations. Planting of annual
grains is a technique sanctioned by area botanists and the State Department of Mines and
Geology to provide interim erosion protection in winter months and vegetative cover
during summer months, drying to straw-like cover eventually. Annual grains almost
completely disappear after two years which is the necessary time for indigenous annual
grasses and forbs to begin reestablishment.
The quarrying operation's sand removal procedures, given the controls to be imposed as
part of the conditions accompanying approval, provide substantially greater control of the
use of the land that is possible under the present agricultural designation and those
controls provide a net positive benefit to the health, safety and general welfare of the
County. Conditions of approval incorporate safety measures above and beyond those for
similar uses to insure public safety.
Finding #2: The use will not adversely affect the orderly development of property within
the county;
The quarrying operation approved ,by this land use permit, with attendant approval
controls, enhances the orderly development of'property within the County, both by making
available locally (rather than through expensive import) a valuable construction resource
-- Delhi sand -- and by the phased transition of this property from agricultural to the
general planned residential use.
Finding #3: The use will not adversely affect the preservation of property values and the
protection of the tax base within the county;
The short-term nature of the grading activity will not adversely affect property values
nor the County tax base. No evidence to the contrary has ever been presented in a
documented and statistically verifiable form.
The development of this property and the availability of its valuable natural resource for
other necessary construction projects within Contra Costa County will enhance property
values within the County and protect the tax base within the County.
r 2121-83 pg. 2
Finding #4: The use will not adversely affect the policy and goals as set-by the general
plan;
The proposed grading operation is a natural and normal precondition for development at
the planned medium residential density and is reflective of grading configuration approved
for area residential development. As such the requested interim use will not adversely
affect the policy and goals of the general plan.
The policy and goals as set forth in the General Plan require each of the components of
the General Plan to be addressed as part of any development process; the controls being
imposed as part of this use permit approval conform to and support the policy and goals of
the General Plan.
Finding #5: The use will not create a nuisance and/or enforcement problem within the
neighborhood or community;
Unattended farm machinery (discers, spraying equipment, tractors, etc.) on site poses a
significantly greater attractive nuisance than the lesser amount of mechanical equipment
associated with quarry operations. The current treeless portion of the site affords greater
attractive nuisance possibilities for dirt bikes and the like with its current low-rolling hills
than the level reclaimed quarry floor will. Overall nuisance potentials will be reduced
after reclamation and no additional nuisance will be created during operation provided
conditions of operation are complied witht;egarding access times and security fencing.
Finding #6: The use will not encourage marginal development within the neighborhood;
Development is not proposed at this time. However, the Planning Department is in
receipt of a general plan amendment request to raise allowable residential densities on
site. The proposed short-term use will not preclude nor inhibit long-term planned land use
on site.
By authorizing this land use permit with the attendant grading and reclamation project
encompassed in the conditions of approval, marginal development of the property cannot
take place; absent these controls and conditions, it is possible under the present
agricultural designation that marginal development could proceed. Instead, the grading
operation lends itself to planned, orderly development.
Finding ff7: Special conditions or unique characteristics of the subject property and its
location-or surroundings are established:
The Oakley area Delhi sand is a valuable construction commodity available in only limited
areas in central California. Construction over this valuable resource, without utilization
of its potential, would not be a responsible approach to natural resource management.
The location of this resource, in one of the fastest growing areas of the ninth fastest
growing County in the United States, is more than sufficient evidence that special
conditions and unique characteristics of the property exist.
The unique location of this property, in interrupted agricultural use, adjacent to minor
subdivision development to the south and major subdivision development to the east also
require a sensitive development of the property consistent with the surrounding neighbor-
13 g ,G
2121-83 pg. 3
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hood; the conditions of approval of this land use permit deal with the special conditions or
unique characteristics of the property to guide its transition from agricultural to medium
density single family residential use with minimal adverse economic, environmental or
neighbohood impacts.
Additionally, the Board finds that:
(8) The County General Plan designates this property for single family residential medium
density. To convert the property from its present agricultural use to single family
residential medium density, substantial grading and recontouring of the land will be
necessary. The proposed sand removal that will take place consistent with this land use
permit is totally consistent with the County General Plan.
(9) The proposed removal of sand pursuant to this quarry permit, subject to the conditions
being included as part of permit approval, will provide substantially greater protection to
health, safety and welfare of adjacent residents than would be present if the applicant
were simply to grade the property consistent with his entitlement under the present
agricultural use, and/or grade the property as part of the grading plan prior to
development; therefore, the proposed use will not be substantially detrimental to existing
residents, structures, or land uses.
(10) The grading and quarrying of the Delhi sand from this project is a natural extension
of the agricultural use that has existed on the property; compliance with the conditions of
the proposed land use permit will ameliorate drainage, sedimentation and blowing sand,
and other negative physical enviromental."pacts of the property in its present condition;
and will not impose any significant adverse impacts on the physical environment.
(11) .The property is bounded by Oakley Road on the north, Empire Avenue on the east;
the conditions of removal accompanying approval of this application insures that the sand
quarrying operation will have adequate access.
D V:plp9alup
10/25/84
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EXHIBIT B
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2121-83:
I. This permit constitutes approval, of a sand quarry and associated reclamation plan as
shown on plans dated November 11, 1983.
2. The quarry operation is approved for a period of three years commencing from the
date of reclamation bonding.
3. Reclamation shall be completed within six months of the completion of quarry
operations. Quarrying shall be done in two phases. The northern phase shall be
quarried for no more than one year. The southern phase shall be quarried for no more
than two years. Quarrying from one phase must be completed prior to commence-
ment of quarry operations on the second phase. Reclamation work on Phase One and
quarry operation on Phase Two may be undertaken simultaneously.
4. Hours of operation of equipment shall be limited to the following:
A. Earth moving equipment: 7:00 a.m. to.4:00 p.m.
B. Hauling from the site: The applicant shall submit a proposed time schedule for
sand hauling from the site and truck returns to the site. Hauling and truck exit
and entry times are subject to review and approval by the Zoning Administrator.
No hauling from the site, truck return or other truck or equipment access will be
allowed within 15 minutes before,or after any time period when school buses are
scheduled to stop on, or pass by the site on adjacent roads. Since bus schedules
and routes may change over time the applicant shall submit an annual update of
san hauling and bus schedule information obtained from the school transportation
consortium, to be verified by staff.
C. No work other than maintenance of equipment on Saturdays and Sundays.
5. Should the quarry cease operation prior to excavation completion, a revised final
reclamation grading plan will be required for Zoning Administrator approval. Grading
and other reclamation must be completed in accord with the approved revised grading
plan.
6. Reclamation shall consist of the following:
A: Reclamation grading shall be 3s shown on approved plans.
B: Area3•where reclamation grading has been completed shall be seeded with a
mixture of short-term stand grass or annual grain and the appropriate fertilizer.
7. Equipment and trucks shall access the site via Oakley Road. Sand removal trucks
may enter and exit the site via Empire Avenue only if the sand hauling is to a site
south of the subject property.
•r.
2121-83 pg. 2
8. Adequate dust control measures shall be provided as needed including compliance
with standards of the Bay Area Pollution Control District and the requirements of the
County Health Department. A water tank truck shall be available on site during
grading and loading operations unless it can be demonstrated to the satisfaction of
the Zoning Administrator that the proposed use of irrigation lines can adequately
water graded areas and exiting loaded trucks. A sand fence shall be installed to
inhibit blowing sand. The location and design of the sand fence is subject to review
and approval by the Zoning Administrator.
9. Blasting or the use of explosives are prohibited with this permit.
10. All quarry operations shall be subject to review by the County Grading Engineer for
compliance with the Grading Ordinance standards.
11. If archaeological materials are uncovered during grading, trenching or other on-site
excavation, earthwork within 30 meters of these materials shall be stopped until a
professional archaeologist who is certified,by the Society of California Archaeology
(SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity
to evaluate the significance of the find and suggest appropriate mitigation measures,
if they are deemed necessary.
12. Submit'a cost estimate, bond, bonding fee, and three completed reclamation bonding
forms for reclamation grading and revegetation seeding.
13. The Zoning Administrator and Public Works Department shall review final grading
plans to insure that only so much sand will be removed as would be removed for
reasonable residential development, without the need for importation of fill at a later
date.
14. A security fence shall be installed near the bus stop area, around any equipment
parking areas, and elsewhere as determined necessary by the Zoning Administrator.
All unattended equipment shall be stored in a locked and fenced area. It is not the
intent of this condition that the entire active quarry area be fenced. Fencing may be
removed upon completion of reclamation.
15. The Zoning Administrator shall review quarry operations one year after commence-
ment of quarry operations to determine compliance with conditions of this permit.
The Zoning Administrator may- review compliance sooner or more often if shoy+n
cause- that the operation may be in non-compliance with permit conditions. The
Zoning Administrator may at any time seek a hearing before the Board of Supervisors
on effectiveness and compliance with these land use permit conditions.
16. Comply with the requirements of the Public Works Department as follows:
A. Prior to commencement of quarry operations, install a total of two specially
made 48-inch "Equipment Crossing' signs on Oakley Road, approximately 500
feet easterly and westerly of the proposed access road entrance. These signs
shall have a reflective yellow background in black lettering, with the design and
placements subject to the approval of the Public Works Department. Signs are
also required at the Empire Avenue entrance.
13 - F
r 2121-83 pg. 3
B. Obtain an encroachment permit from the Public Works Department, Land
Development Division, for construction of driveways and the placement of
traffic signs within the right of way of Oakley Road.
C. In accordance with Section 28-2.014 of the County Ordinance Code, this
development shall conform to the requirements of Division 914 (Drainage) of the
Subdivision Ordinance. The following exception is permitted for this project:
Section 914-2.006 "Surface Water Flowing from Subdivision", provided the
applicant maintains the existing drainage pattern and does not dispose concen-
trated storm waters onto adjacent properties.
DV:plp9alup
1/24/84
10/25/84