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Home My WebLink AboutMINUTES - 10131992 - D.1 (3) D. 1. C�for.`,t�,a TO: BOARD OF SUPERVISORS FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT a DATE: June 9, 1992 SUBJECT: Appeal of the East County Regional Planning Commission Decision to Deny the Appeal of Alfred Courchesne in Regards to Land Use Permit #2046-90, in the Brentwood Area. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND. AND JUSTIFICATION RECOMMENDATIONS 1. Deny the appeal of Mr. and Mrs. Tapia. 2 . Approve Land( Use Permit 2046-90 as recommended �Iby the Commission on September 23 , 1991. 3 . Approve the conditions as recommended by the EastCourity Regional Planning Commission at the September, , 2�3; 19,91 meeting, attached as Exhibit A to this Board Order: " 4 . Accept the environmental review and documentation as being complete and adequate. BACKGROUND/REASONS FOR RECOMMENDATIONS The background for this project is reviewed in the September 23, 1991 staff report for the East County Regional Planning Commission. The applicant's appeal focused on the requirement of right-of-way dedication, the Conditions of Approval addressing the existing basin and sign control as excessive. The Commission reviewed the approval of the Zoning Administrator and found the firewood located in the drainage ditch was a safety hazard and the sign exceeded the requirements of County Ordinance Code 88-6. The Commission did modify the Condition of Approval in regards to roadway dedication: Subsequently, an appeal was filed by Mr. and Mrs.,' Tapia, farmworkers of Mr. Courchesne on October 2, 1991. Th'e "appeal states that the decision would cause economic hardship by 'removal of the two traveltrailers on the subject property, which are owned CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEIUMTION dF6BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Uctober 13 , 1992 APPROVED AS RECOMMENDED X OTHER X See Addendum for Board action VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X 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. Orig: Community Development Department ATTESTED October 13, 1992 cc: Mr. & Mrs. Tapia PHIL BATCHELOR, CLERK OF Alfred Courchesne THE BOARD OF SUPERVISORS Public Works COU ADMINISTRATOR BY a , DEPUTY DD:df i Page Two by Mr. and Mrs. Tapia. A Condition of Approval for the project is that the two trailers be removed because they do not meet the requirements of County Code 84-68.806. The Tapia's appeal contains no new information that was not available to the Commission. ADDENDUM TO ITEM D.I OCTOBER 13, 1992 On September, 15, 1992, the Board of Supervisors deferred to this date the decision on the hearing on the appeal of Brentwood Farms (appellant) from the decision of the East County Regional,Planning commission acting as the Board of Appeals on the request by Alfred Courchesne (owner) to establish farmworkers quarters and firewood sales (LUP 2046-90) in the Brentwood area. Supervisor Torlakson commented on a review with staff and the applicant on a number of the issues. Mr. Torlakson advised that there was concurrence on the issue of the sign and a condition on the height of the firewood that was worked out between Public Works and Mc. Courchesne, advised that the right of way requirements in this Land Use Permit would be as imposed by the Planning Commission and with those points he moved approval of this land use permit and would not apply park dedication or road fees since this is in an ag area and there are existing residents there. IT IS BY THE BOARD ORDERED that recommendation 1, 2 with amended conditions, 3 with amended conditions and 4 are APPROVED. LUP 2048-90 Modify Condition of Approval #3 : The firewood shall not be stacked to a height greater than 3-feet in height and shall comply with the sight obstruction ordinance, County Code 82-18 . 002. The firewood shall be setback no less than 25-feet from the front property line and 5 feet from the cemetery property line. 4 I u �'6+�. C^wp 1`4pj td--Z . 61o►� �,re�. << a clew-� t'�Yj''Y1� p✓J b1/��Y(� /�l/Ld �V'7t 5 ". �'�„�� !i1-tJ�- � ��l,�fPl� "EXHIBIT "A" CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2046-90 1. Prior to issuance of building permits the applicant shall submit revised site plans indicating size, location and architectural elevation of the new mobilehome subject to review and approval of the Zoning Administrator. 2. This permit is granted for a period of 5 years, with a yearly administrative review. The applicant shall notify the County prior to August of 1991 for each administrative review. Additionally, the applicant shall reapply prior to August, 1995 to renew the permit. Violation of this permit shall be cause for revocation of the permit. 3. The firewood shall not be stacked to a height greater than six (6) feet and shall be setback no less than 25 feet from the front property line and 5 feet from the cemetary propertyline. The firewood shall be adequately screened from the roadway. The applicant shall submit fence design for review and approval of the Zoning Administrator 30 days following approval and prior to issuance of building permits. The fence shall be install prior to occupancy of the new portable farm unit. All of the above shall be subject to the review and approval of the County Zoning Administrator. 4. Any changes to.this permit not described in the application or conditions of approval will require submittal of a new application. 5. Prior to issuance of building permits proof of water and sewage shall be provided. 6. Within 120 days of approval the two travel-trailers shall be removed. 7. Prior to issuance of building permits, submit a sign program for review and approval of the Zoning Administrator. Only one sign shall be allowed on the property incorporating the uses on the property and shall not exceed 32 square feet. If the applicant wishes to pursue the 64-square foot existing sign, the applicant shall submit a visibility/traffic study that the existing sign is required to insure adequate health, safety and general welfare of the County and that the 32-square foot sign is not adequate. 8. The right-of-way easement shall remain clear of any trucks or vehicle parts, trailers, debris, refuse, etc. Prior to issuance of building permits the firewood shall be cleared out of the utility easement drain ditch and the drainage ditch filled in immediately. 9. With approval of this application, the applicant accepts full responsibility for maintaining adequate drainage on the property and taking adequate erosion control measures. 10. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department: A. Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. Conformance with Division 914 includes the following requirements: 2. 1) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. Due to the nature of the proposed project, an exception to these requirements are granted provided the applicant maintains the existing drainage pattern and does not dispose concentrated storm water run-off onto adjacent property. B. Conveying to the County, by Offer of Dedication, additonal right of way on Highway 4 as required for the planned future width of 100 feet, in accordance with Drawing 729, Sheet 19 of 29. ADVISORY NOTES A. Comply with requirements of the Byron Fire Protection District (see attached). B. Comply with the requirements of the Health Services Department, Environmental Health Division. C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. D. The applicant will be required to pay an environmental review fee for the Department of Fish and Game at the end of the appeal period. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents. DD/aa LUPXXVIII/2046-90C.DD 9/21/90 10/8/90 11/14/90 11/16/90 (jn) 1/30/91 4/16/91 5/13/91 7/15/91 - Z.A. Rev. '(v) 9/23/91- EC (a)