HomeMy WebLinkAboutMINUTES - 12131988 - T.6 T. 6
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development Costa
DATE: November 14 , 1988 Coirty
SUBJECT: Appeal filed by William M. Reddick, Applicant and Owner, of Land Use
Permit 2059-88, to establish a dry boat storage business on a 2 . 45
acre site fronting 206 feet on the south side of Orwood Road
approximately 396 feet east of Bixler Road in the Brentwood area.
SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Accept the environmental documentation as adequate.
2. Deny the appeal of William Reddick and sustain the decision of
the East County Regional Planning Commission to approve Land
Use Permit #2059-88 with conditions hereto attached.
BACKGROUND
This application was filed on June 8, 1988 . On September 19, 1988,
the Zoning Administrator approved Land Use Permit 2059-88 subject
to conditions of approval.
The applicant appealed Conditions #5 and #6 which allowed for boat
storage only. Conditions read as follows: .
5. No outdoor storage of materials other than boats shall be
allowed.
6. This permit is for open boat storage only. No boat repair or
maintenance is allowed. No recreational vehicles or
automobiles may be stored on the site. A new Land Use Permit
would have to be approved to allow for covered boat storage.
On October 10, 1988, the East County Regional Planning Commission,
after taking testimony, denied Mr. Reddick' s appeal and sustained
the Zoning Administrator' s decision.
The property is zoned A-2, which explicitly allows for the storage
of boats provided that the site is within one mile by public roads
of a boat launching facility open to the public. Other types of
storage are not stated, therefore are not expressly permitted with
a land use permit. Other districts including General Commercial, '
Light Industry and Heavy Industry specifically allow storage of
recreational vehicles, automobiles and commercial vehicles with an
approved development plan or land use permit. It was the finding
of both the Regional Planning Commission and the Zoning
Administrator that this use is not permitted in the existing
general agricultural zoning district.
CONTINUED ON ATTACNT: V YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATTW OF BQTD C014MITTEI
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON December 13, 1988 APPROVED AS RECOMMENDED IL_ OTHER .2L_
This being the time heretofore noticed by the Clerk of the Board of
Supervisors for hearing on the above matter, Karl Wandry, Community
Development Department, presented the staff report and
recommendations.
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At the request of Supervisor Torlakson, Mr. Wandry elaborated on the
staff position and recreational vehicle storage and boat storage.
The public hearing was opened and the following person spoke:
Mr. William M. Reddick, Rt. 1, Box 84-A, Brentwood, appellant, spoke
on his appeal of conditions five and six, parking of recreational
vehicles, presented a copy of an ad by the Long Way To Go Ranch, and
requested fair treatment from the Board relative to parking vehicles
as well as boats to be able to be competitive and make a living.
The public hearing was closed.
The Board discussed the matter. /
On recommendation of Supervisor Torlakson, IT IS BY THE BOARD ORDERED
that recommendations 1, and 2 are APPROVED; and Community Development
Department is REQUESTED to investigate alleged violations of the
zoning regulations relative to the parking of recreational vehicles.
VOTE OF SUPERVISORS
X I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
CC: Community Development Dept. AMSTED December 13, 1988
William M. Reddick PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Building Inspection AND COUNTY ADMINISTRATOR
Public Works-Tom Dudziak
East Diablo Fire Protection Dist. By DEPUTY
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CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2059-88:
• r r
1. Development shall be generally as shown on the plot plan submitted with the r
application and dated June 8, 1988 by the Community Development Department,
Development shall be subject to final review and approval by the County
Zoning Administrator prior to issuance of a building permit.
2. Comply with the landscape and irrigation requirements as follows:
A. At least 30 days prior to anticipated development on the site, a
landscape and irrigation plan shall be submitted for review and
approval by the County Zoning Administrator. A cost estimate or copy
of contract for landscaping improvements shall be submitted with the
plan. Landscaping and irrigation shall be installed prior to rental
of any space for boat storage.
B. The proposed trees on the site are to be a minimum of 15 gallons in
size. The proposed shrubs on the site are to be a minimum of 5
gallons in size. Suitable trees shall be planted along along the
frontage of the site on 25' centers. Suitable evergreen bushes shall
be planted between the trees.
C. The side and rear fence shall be planted with an evergreen,
non-invasive vine. Vines shall be planted on 20' centers.
D. Drought tolerant and/or native plant species shall be used as much as
possible.
E. Landscaping must comply with the Contra Costa County Policy on Water
Conservation Requirements which controls the amount of turf area,
types of plants and irrigation systems.
F. The site shall be fenced with a 6 foot tall cyclone fence with redwood
slats.
3. A non-illuminated wood sign with a total area of 32 square feet or less is
allowed in front of the fence for site identification. The height of the
sign shall be 6' or less. The sign may be painted and or be made of carved
wood.
4. Any proposed exterior lights shall be deflected so that lights shine onto
applicant's property and not toward adjacent properties. The Zoning
Administrator shall review and approve lighting details prior to
development of site if any exterior lights are to be installed. Exterior
lights shall be on timers set to be turned off after 10:00 p.m. to
daybreak.
5. No outdoor storage of materials other than boats shall be allowed.
6. This permit is for open boat storage only. No boat repair or maintenance
is allowed. No recreational vehicles or automobiles may be stored on the
site. A new Land Use Permit would have to be approved to allow for covered
boat storage.
7. If archaeological materials be uncovered during grading, trenching or other
on-site excavation(s) , earthwork within 30 yards of these materials shall
be stopped until a professional archaeologist who is certified by the
Society for 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(s) , if deemed necessary.
8. The driveways and boat storage areas shall be graveled to provide for a low
dust-all weather driving surface and boat storage area.
9. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. Unless exceptions are specifically granted, this development shall
conform to the requirements of Division 914 (Drainage) of the
Subdivision Ordinance. This includes the following:
1. Conveying all storm waters entering or originating within the
subject property to a natural watercourse having definable bed
and banks or to an existing adequate storm drainage facility.
The nearest drainage facility is a drainage facility which drains
into Werner Dredger Cut located to the east of this property.
Its adequacy must be verified prior to being allowed to discharge
run-off to it.
2. The following exceptions to Division 914 are permitted for this
project:
a. Section 914-2.006, "Surface Water Flowing from Subdivision",
provided that the applicant:
(1) Maintains the existing drainage pattern and does not
dispose concentrated . storm waters onto adjacent
properties.
(2) Does not increase the area of impervious surface on
this site. Compacted agrregate gravel will not be
considered impervious surface provided that it is not,
and will not be, oiled or treated with any substance
which will tend to make it impervious. Surfacing or
treating this surface to make it impervious will be
grounds for revocation of this permit.
b. Section 914-4.402, "Discharge to Roadside Ditches", provided
the applicant verifies the adequacy of the downstream ditch
system or constructs necessary improvements to upgrade the
system to adequately convey run-off from this property.
3. Installing, within a dedicated drainage easement, any portion of
the drainage system which conveys run-off from public streets.
4. Prohibits discharging storm waters into any water conveyance or
impounding facility for domestic water consumption.
B. Unless exceptions are specifically granted, comply with the
requirements of Division 1006 (Road Dedication and Setbacks) of the ,
County Ordinance Code. This includes the following: '
1. Constructing road improvements along the frontage of Orwood Road.
An exception is permitted from Section 1006-2.402, "Requirements
- Generally", provided a deferred improvement agreement is
executed requiring the owner(s) of the property involved in
Permit 2059-88 to:
a. Construct curb, 4-foot 6-inch sidewalk (wi,dth measured from
curb face) , necessary longitudinal and transverse drainage
(including culverting of the ditch along this property's
frontage) , and approximately 10 feet of pavement widening on
Orwood Road. The face of curb shall be located 10 feet from
the widened right of way line.
b. Prevent storm drainage, originating on the property and
conveyed in a concentrated manner, from draining across the
sidewalk and driveway.
C. At the time the deferred improvement agreement is called up,
submit improvement plans, if required, to the Public Works
Department, Engineering Services Division, for review; pay
the inspection fee, plan review fee and applicable lighting
fees.
C. Construct pavement widening along Orwood Road to provide for turning
movements into and out of this property in a manner acceptable to the
Public Works Department, Road Engineering Division, subject to the
review and approval of the Zoning Administrator.
D. Relocate the entry gate to a point at least 20 feet south of the
widened Orwood Road right of way line.
E. Observe a 55-foot structure setback from the southerly line of this
property.
F. Install all new utility distribution services underground.
G. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Countywide Area of Benefit as adopted by the Board of
Supervisors.
H. Furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of entry, permits
and/or easements for the construction of off-site, temporary or
permanent, road and drainage improvements.
I. Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Engineering Services Division, for
review; pay the inspection and plan review fees. These plans shall
include any necessary traffic signage and striping plans for review by
the County Traffic Engineer. The improvement plans shall be submitted
to the Public Works Department, Engineering Services Division, prior
to the issuance of any building permit. The review of improvement
plans and payment of all fees shall be completed prior to the
clearance of any building for final inspection by the Public Works
Department. If final inspection is requested prior to construction of
improvements, the applicant shall execute a road improvement agreement
with Contra Costa County and post bonds required by the agreement to
guarantee completion of the work.
J. The portion of the dedicated strip of land on this property which is
located south of the Orwood Road right of way may be used for boat
storage until it is needed for roadway purposes.
The following statement is not a Condition of Approval , however the applicant
should be aware of it prior to development of the site,
A. East Diablo Fire Protection District.
Comply with their requirements as outlined in their July 14, 1988 letter on
LUP #2059-88.
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LUPXIX/a:2059-88.coa