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HomeMy WebLinkAboutMINUTES - 01261993 - H.4 a �sg N �q„$ tl h ig�p I ' k A �kry Itl q �g P h P PI R �ryry N p pWp II V�Bp p V ' -� • Contra TO: BOARD OF SUPERVISORS !t, _ Costa FROM: HARVEY E. BRAGDON _ .: , z County DIRECTOR OF COMMUNITY DEVELOPMENT ,oma DATE: JANUARY 22, 1993 �ouK`r't SUBJECT: CONTINUED HEARING ON THE APPEAL OF WINTON JONES CONCERNING PLANNING COMMISSION APPROVAL OF THE VALLEY WASTE MANAGEMENT TRUCKYARD (FILE 12042-92) IN THE NORTH CONCORD AREA. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Deny the appeal and sustain the Planning Commission approval with modifications in accord with the Option A actions listed below. DECISION OPTIONS Option A - Sustain the Planning Commission Approval 1. Deny the appeal of Winton Jones. 2: Accept the environmental documentation and finding as adequate. 3. . Sustain the Planning Commission approval with recommended modifications. 4. Adopt the findings contained in the Commission's December 8, 1992 Resolution as the basis for the Board approval. Option B - Reverse the Planning Commission Approval 1. Grant the appeal of Winton Jones. 2. Deny Land Use Permit 02042-92. i 3. Direct staff to prepare findings for review and adoption of the Board. CONTINUED ON ATTACHMENT: %% YES SIGNATURE r W1A (f RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON _ January 26 , 1993 APPROVED AS RECOMMENDED X OTHER X On January 12, 1993, the Board of Supervisors continued to this date the hearing on the appeal by Winton and Nathalie Jones from the decision by the Contra Costa County Planning Commission on the request (LUP 2042-92) of Valley Waste Management (applicant) and MGM Construction Company (owner) for approval for a Land Use Permit to operate a truck maintenance and parking facility for its own refuse disposal trucks on a 4.334 acre parcel of land in the Concord area. Dennis Barry, Community Development Department, spoke on a January 20, 1993 visit to two corporation yards with the appellant and the applicant and he commented on the modified proposed conditions of approval prohibiting the establishment of a transfer station at the site and the requirement for planting a row of evergreen trees on the eastern property line as requested by the Board at the last meeting. Mr. Barry advised of a memorandum from the Public Works Department dated January 25, 1993 indicating an amendment to the conditions regarding the traffic study and improvements on area roadways and ' intersections, and he commented on a letter from the appellants attorney dated January 22, 1993 . Mr. Barry advised that the applicant and the appellant had reached agreement on modified conditions of approval, and he recommended that with the addition of the Public Works conditions which the applicant and the appellant agree to and the modified conditions agreed to by both sides, that the Board approve the Land Use Permit. Supervisor McPeak commended all parties for their time and effort in the resolution of this matter. Desi Reno, Valley Waste Management, requested clarification on the modified language. Bob Drake, Community Development Department, responded to Mr. Reno's request. The public hearing was closed. Supervisor McPeak moved approval of the Land Use Permit with the agreed upon amended conditions of approval as submitted to the Board by the applicant and the appellant and Public Works. IT IS BY THE BOARD ORDERED that Option A, recommendations 1, 2, 3 with modified conditions (Exhibit A attached) , and 4 are APPROVED. 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 January. 199-1 Contact: Bob Drake (646-2091) cc: Valley Waste Management PHIL BATCHELOR, CLERK OF Winton Jones THE BOARD OF SUPERVISORS Public Works Department CO ADMINISTRATOR Ellman, Burke, Hoffman, and Johnson BY a , DEPUTY BD:cw BD\PW\2041-92.BOS I i I I I i i i i CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2042-92 (VALLEY WASTE MANAGE- MENT - Armlicant) AS APPROVED BY THE BOARD OF SUPERVISORS ON JANUARY 26, 1993 1. The request for a land use permit for truck maintenance and parking facility at 1781 Arnold Industrial Way as depicted on the site plan dated received July 28, 1992 by the Community Development Department. The following conditions of approval require compliance prior to use of the site unless otherwise indicated. 2. The term of this use permit is until December 31, 1995 unless the Parcel Map for MS 35-91 is recorded. In the event that the Parcel Map is recorded, the terms of the use permit shall expire 30 days after the date of recordation of the Parcel Map. 3. Prior to the issuance of building permits,the applicant shall submit a detailed TDM Plan for review and approval of the Zoning Administrator (unless otherwise required by a TDM Ordinance). 4. No solid or liquid waste originating off the subject site shall be brought on site, stored or transferred on the subject site. 5. No solid or liquid waste, or recycled or other material, not related to the development of the site or the maintenance of its facilities and equipment, shall be sorted, composted, or otherwise processed or stored on the subject site. 6. Prior to commencement of the approved operation, a landscapeArrigation plan shall be submitted for the review and approval of the Zoning Administrator. The plan shall comply with the following requirements: A. Submit a landscaping plan for the frontage along Laura Alice Way to continue the landscaping scheme installed along the other properties fronting the { roadway. B. Submit a landscaping plan for on-site planting. Landscape plan shall provide landscaping within the front setback area in order to provide partial screening of the site from off-site views. The plan shall provide for planting of minimum 15-gallon evergreen trees at 20-foot intervals along the eastern property line. The trees shall be protected by wheel barriers at a suitable spacing from the planted trees. C. Said plans shall be submitted for approval by the Zoning Administrator within 30 days of the use permit approval. Plans shall comply with the County Water Conservation Guidelines. D. Landscape plans shall detail the amount and size of landscape materials. Approved landscaping shall be installed prior to commencement of the approved operation. At least one week prior to the commencement of the operation, the applicant shall notify the Zoning Administrator (646-2091) to verify the complete installation of the approved landscape plans. DENY A . r 2 7. Submit an implementable plan for complying with the intent of EPA Clean Water Act (NPDES) for reducing pollutants entering into off-site drainage systems. Said plan shall be submitted to the Flood Control District within 30 days of the use permit approval. 8. Storage of containers, roll off boxes and carts shall only be allowed in the area shown on the site plan for their storage. Fencing shall be provided between the truck parking area and the storage area. 9. Prior to the issuance of building or grading permits, the applicant shall submit verification to the Zoning Administrator that the Contra Costa County Consolidated Fire District.has determined that the site plan adequately accommodates the Fire District's need for access to all portions of the site. . 10. Prior to issuance of building permits, grading permits or commencement of the operation, the applicant shall arrange for a working connection with the Central Sanitary District sewer system. The sewer system shall be designed to assure that all truck washing activity occurring on the site will utilize a closed loop system which prevents any run-off from the truck washing activity from entering the sewer system, septic tank, ground areas, storm drains or other inappropriate way to leave the property. The system shall be designed by a certified industrial hygienist; the Environmental Health Division of the Health Services Department (646-2521) shall be provided an opportunity to review and comment on the proposed system prior to final review and approval by the Zoning Administrator. 11. A. Prior to issuance of building or grading permits or commencement of the permitted truckyard operation,a noise analysis and evaluation program prepared by a licensed acoustic engineer shall be submitted for the review and approval of the Zoning Administrator. The analysis shall address the noise impacts that will be generated during the hours of operation. The analysis shall identify those measures which would assure acoustic compatibility with nearby residences. The identified measures shall be incorporated into the design of the truckyard at time of commencement of the operation. The purpose of the noise evaluation program shall be to monitor truckyard operating hours noise levels during the first 6-months of operation. Within 210 days (7 months) of the commencement of the truckyard operation, an acoustic report prepared by a certified industrial hygienist or acoustic engineer shall be submitted for the Zoning Administrator's review and approval. The Zoning Administrator (i) may impose additional use restrictions on the truckyard operation or mitigation conditions (such as sound walls) and, (ii) should establish criteria for maximum allowable noise generation, so as to assure that the operation will be acoustically compatible with nearby adjoining uses including residential uses. Notice of such proceedings shall be given to property owners and others who were entitled to notice of this proceeding so their input can be considered. Notwithstanding the foregoing, if the use authorized hereunder continues beyond December 31, 1995 (pursuant to an MEN W . r 3 extension and/or modification of this Use Permit) applicant shall construct and maintain an 8-foot (above adjoining property level) sound wall along the East boundary of the property unless the applicant demonstrates that noise has not been a problem to nearby uses. B. The use of the site shall be subject to the following additional limitations: i. The hours of operations shall be limited to from 4:00 a.m.through 7:00 p.m., Monday through Friday, and 4:00 a.m. through 3:00 p.m. on Saturdays. ii. Prior to 7:00 a.m., activities shall be limited to (A) non-noise creating maintenance and repairs, and (B) driving trucks off-site in a forward direction only (except in emergencies) (so that back-up alarms will not sound) to their destinations. Prior to this time (except in emergencies), there shall be no on- or off-loading of boxes, carts, etc., operation of winches, or hydraulic equipment, noise creating maintenance or repairs or other noise-generating activities or operating vehicles in a manner that causes their back-up alarms to sound. 12: Within 180 days of the commencement of the truckyard operations, two copies of a traffic study prepared by a traffic engineer shall be submitted for the review of the Public Works Department and review and approval of the Zoning Administrator. The purpose of the study shall be to assess the impacts of the truckyard operation on the road system. The report shall recommend any appropriate improvements which are needed to mitigate impacts caused by the truckyard operation and shall include the following: A. A truck turning analysis for the entrance to the site and any recommended modifications to the entrance which are necessary to facilitate truck turning movements into or out of the site, subject to the review and approval of the Public Works Department The applicant shall be responsible for any improvements deemed necessary by this analysis. I B. An intersection analysis at the Arnold Industrial Way/Laura Alice Way intersection to determine the ultimate configuration of the intersection, including necessary storage lengths for left-turn lanes on both streets. If improvements are deemed necessary under existing-plus-project conditions,the applicant shall be responsible for those improvements, and subject to possible partial reimbursement as future developments in the area impact the intersection. if improvements are needed ultimately, but are not warranted under existing- plus-project conditions, the applicant will be required to pay a "fair share" of the cost of these improvements into the Road Deficiency Trust Fund. The amount shall be based on the project's trip generation through the intersection as determined by the traffic study. MEW Ai i 4 C. Submit a signal warrant analysis of the intersection of Arnold Industrial Way and Laura Alice Way. If a signal is warranted under the existing-plus-project scenario,then the applicant shall construct the signal. The applicant may enter into a reimbursement agreement with the County for reimbursement from future development that benefits from the signal. If the signal is not warranted under the existing-plus-project scenario,then the applicant shall be responsible for a fair share of the cost of signalization of this intersection. The traffic study shall determine this amount based on the number of trips through the intersection generated by the project. 13. Comply with the following requirements pertaining to drainage, road, and utility improvements which 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: 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 public storm drainage facility which conveys the storm waters to a natural watercourse. 2) Designing and constructing storm drainage facilities required by Division 9 14 in compliance with specifications outlined in Division 914 and in compliance with design standards of the Public Works Department. The ordinance prohibits the discharging of concentrated storm waters into roadside ditches. B. Unless exceptions are specifically granted, comply with the requirements of Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code. f Compliance with the Ordinance includes the following: 1) Conveying to the County, by Offer of Dedication, additional right of way i on Laura Alice Way as required for the planned future width of 92 feet. 2) Relinquishing abutter's rights of access along Laura Alice Way,including curb returns. i 14. Establishment of a materials resource facility/transfer station is expressly prohibited on this site. t 15. Parking of project-related vehicles shall be confined to the project site as much as is reasonably possible. The parking of project-related vehicles (trucks, employee or 5 visitor vehicles) on nearby properties or on public or private streets in the project vicinity is prohibited. Failure to comply with this requirement may be grounds to revoke this use permit. 16. Prior to commencement of the approved operation, the applicant shall paint the exterior of all existing structures. The Zoning Administrator may reduce the number of buildings that are required to be painted if it determined that some existing structures are adequately painted. Prior to the commencement of the painting operation, the applicant shall submit sample colors for the review and approval of the Zoning Administrator. The approved colors shall provide for compatibility of color scheme among the buildings. 17. At least once a month, the applicant shall inspect the site and pick-up any litter or debris on the site and properly dispose of it. The applicant shall maintain a record of the dates when this pick-up requirement is performed and retain it at the project site. 18. The applicant shall assure that its operations do not generate dust, debris or any odors which impact nearby property (including residences). In the event such dust odors occur, applicant shall be obligated to take measures to abate such dust odors and assure that they do not reoccur. i i 6 ADVISORY NOTES A. Comply with the requirements of the Central Contra Costa Sanitary District. B. Comply with the requirements of the Contra Costa County Fire Protection District. C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Central County Area of Benefit as adopted by the Board of Supervisors. F. The site plan shall be designed to conform with the Off-Street Parking Ordinance (Chapter 82-16) including provisions that (1) restrict design of parking so that back-up onto Laura Alice Way is not permitted; and (2) provide for minimum 4-foot landscape planter along the Laura Alice Way frontage. MF/RD/aa LUPXXXIV/2042-92C.ME 9/16/92 9/28/92 -Z.A. Rev..(v) 12/8/92-PC (a) 1/22/93 1126/93 i i WIN a