HomeMy WebLinkAboutMINUTES - 10081996 - D.6 SE L
Contra
TO: BOARD OF SUPERVISORS _ _ �� Costa
.. o, �..,:�n�► :,�
FROM: HARVEY E. BRAGDON `f mak° County
DIRECTOR OF COMMUNITY DEVELOPMENT
COSTA COUlyC•�
DATE: OCTOBER 8, 1996
SUBJECT: APPEAL OF AUGUST 27, 1996 PLANNING COMMISSION DECISION TO DENY APPEAL
BY WINTON JONES DEVELOPMENT COMPANY OF LAND USE PERMIT LP962018:MGM
CONSTRUCTION: APPLICANT & OWNER) , IN THE CONCORD AREA. (PARCEL #159-
090-043)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the appeal and sustain the Planning Commission decision to
deny the appeal and approve LP962018 in accord with the Option A
actions listed below.
OPTION A- Sustain the Planning Commission Approval Decision
1. Deny the appeal of Winton Jones Development Company.
2 . Accept the environmental review documentation as being
complete and adequate.
3 . Approve LP962018.
4. Approve the findings contained in the resolution of the August
27, 1996 Planning Commission as the basis for the Board
actions.
OPTION B- Reverse the Planning Commission Decision
1. Grant the appeal of Winton Jones Development Company.
2 . Accept the environmental documentation for this project as
being adequate.
3. Deny LP962018.
4. Direct staff to prepare findings for review and 4doption of
Board.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : -
ACTION OF BOARD ON October 8, 1996 APPROVED AS RECOMMENDED X OTHER X
See Attached Addendum
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.
Contact:DEBBIE CHAMBERLAIN 335-1213 ATTESTED October 8 . 1996
', cc: Community Development Department PHIL BATCHELOR, CLERK OF
Public Works-Mitch Avalon THE BOARD OF SUPERVISORS
MGM Construction AND LINTY ADMINISTRATOR
Winton Jones Development Co.
B , DEPUTY
DC/df =vim
Page Two '
FISCAL IMPACT.
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this project is reviewed in the August 27, 1996
staff report to the County Planning Commission. The Commission
reviewed an appeal of the Zoning Administrator's approval of the
application filed by the adjoining property Winton Jones
Development Company (Winton & Nathalie Jones) . The Jone's own
seven nearby parcels including one with their residence. The Jones
current appeal is based on the objection that Valley
Waste Management will use the site for a transfer station. The
Jone's raised additional concerns when they appealed the Zoning
Administrator's decision. Those concerns were addressed by the
Planning Commission when they added additional conditions to the
project approval.
On June 24, 1996, after taking testimony, the Zoning Administrator
approved the application for LP962018. The Zoning Administrator
modified Conditions of Approval.
On August 27, 1996 the Planning Commission denied the appeal and
approved the project with all recommended conditions.
On September 5, 1996, Winton Jones Development Company appealed the
Commission's decision to the Board.
The appeal letter references back to the issues of appeal presented
to the Planning Commission and also restates the issues of appeal
previously presented in a different form.
The Winton Jones Development Company appeal contains no information
that was not available to the Commission prior to their decision.
� b
ADDENDUM TO ITEM D.6
October 8, 1996
This is the time heretofore noticed by the Clerk of the Board of
Supervisors for the hearing on the Appeal by Winton Jones Development
Company (Appellants) from the decision of the Contra Costa County Planning
Commission (acting as the Board of Appeals) to uphold the Zoning
Administrator's decision to approve a land use permit (LUP #2018-96) by
M.G.M. Construction (Applicant and Owner) in the Concord Area.
Dennis Barry, Community Development Department, presented the staff s
recommendations and the following persons spoke:
Winton and Nathalie Jones, (Appellants) Winton Jones Development
Company, 1949 Arnold Industrial Highway, Concord;
Jeff Lowe, (Applicant and Owner), M.G.M. Construction Company, 38
Cedar Hollow, Danville.
All persons desiring to speak having been heard, Supervisor DeSaulnier
suggested that Condition No. 13 include a time frame for the study of a possible
traffic signal. Staff advised that it could be a prior condition to the issuance of a
building permit. Supervisor DeSaulnier also advised that Condition No. 9 be
reviewed regarding language relative to project-related vehicle parking. Staff
responded with possible alternative language.
Following further discussion by the Board, Supervisor DeSaulnier moved
that the Board uphold the Contra Costa Planning Commission's decision and
deny the appeal by the Winton Jones Development Company, and include the
amendments to Conditions 9 and 13. He further moved that staff and his office
confer with the Joneses relative to the traffic concerns in the area.
Supervisor Torlakson seconded the motion.
IT IS THE BY THE BOARD ORDERED that the Appeal by the Winton
Jones Development Company is DENIED; and the decision of the Contra Costa
County Planning Commission (acting as the Board of Appeals) is SUSTAINED
to uphold the Zoning Administrator's decision to approve M.G.M. Construction's
Land Use Permit #2018-96; with Conditions as AMENDED by the Board of
Supervisors; and DIRECTED that staff and representatives from Supervisor
DeSaulnier's office confer with the Joneses relative to traffic concerns in the
area.
RESOLUTION NO..18-1996
BEFORE THE BOARD OF APPEAL
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - MGM Construction Co. (Applicant & Owner)
Land Use Permit LP962018,
Concord area
WHEREAS, on February 6, 1996, the applicant and owner, MGM
Construction Co. , filed an application requesting approval to
establish a vehicle equipment and materials storage yard on a 4. 334
acre parcel; and
WHEREAS, the subject parcel is located approximately 700 feet
north of the intersection of Arnold Industrial Highway and Laura
Alice Way; and is addressed as #1791 Arnold Industrial Highway, in
the Concord area; and
WHEREAS, a Negative Declaration of Environmental Significance
was posted for' this project on May 2, 1996; and
WHEREAS, "the project was scheduled for public hearing before
the County Zoning Administrator for June 24, 1996 whereat all
persons interested therein might appear and be heard; and
WHEREAS, at said Zoning Administrator hearing of June 24,
1996, the applicant appeared and explained his request; and
WHEREAS, Winton and Nathalie Jones appeared and spoke in
opposition to the requested use of this land; and
WHEREAS, the Zoning Administrator closed the public. hearing
and after having reviewed, considered and evaluated all the
testimony and evidence submitted in this application, APPROVED the
requested use of this land with revised and added conditions; and
WHEREAS, on July 8, 1996, Winton and Nathalie Jones appealed
the Zoning Administrator's decision to the County Planning
Commission for public hearing and determination; and
WHEREAS, , on Tuesday, August 27, 1996, the County Planing
Commission sitting as the Board of appeals, conducted a public
hearing, whereat all persons interested therein might appear and be
heard;. and
Page Two Resolution 118-1996
WHEREAS, on August 27, 1996, after the County Planning
Commission fully reviewed, considered and evaluated all the
testimony and evidence submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Appeals
DENIED the . appeal of Winton and Nathalie Jones, and UPHELD the
decision of the Zoning Administrator with revised and added
conditions; and
BE IT FURTHER RESOLVED that the reasons for this
recommendation are as follows:
1. The General Plan designates this' site as being -appropriate for
light industrial uses.
2 . The zoning of this area is Light Industrial (L-I) .
3. The proposed use of the property is a light industrial use.
BE IT RESOLVED that the forgoing DENIAL was given by vote of
the County Planning Commission in a regular meeting Tuesday, August
27, 1996 as follows: .
AYES: Commissioners - Terrell, Pavlinec, Clark,
Gaddis, Guncheon, Hanecak,
Wong
NOES: Commissioners - None
'ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
BE IT FURTHER RESOLVED, that the appellants, Winton and
Nathalie Jones have appealed the decision of the Board of Appeals
to the County Board of Supervisors for public hearing and
determination.
ATTEST:
Avey agdon, Secretary
f th P arming Commission,
County of onCosta, State of
California
DC/df
bo3: lp962018.res
APPEAL
MGM CONSTRUCTION(APPLICANT & OWNER)
COUNTY FILE #LP962018
Appeal by Winton and Nathalie Jones of the Planning Commission's Decision to Uphold
the Zoning Administrator's Decision to approve Land Use Permit#962018 with revisions,
The subject property is an approximately 4.3 acre parcel located approximately 700 feet
north of the intersection of Arnold Industrial Highway,
in the Concord area.
Board of Supervisors
Contra Costa County
October 8, 1996 - 2:00 p.m.
Contra
TO: BOARD OF SUPERVISORS ��
;� Costa
FROM: HARVEY E. BRAGDON J� County
DIRECTOR OF COMMUNITY DEVELOPMENT ` Y c3
SIA COU
DATE: OCTOBER 8, 1996
SUBJECT: APPEAL OF AUGUST 27, 1996 PLANNING COMMISSION DECISION TO DENY APPEAL
BY WINTON JONES DEVELOPMENT COMPANY OF LAND USE PERMIT LP962018:MGM
CONSTRUCTION: APPLICANT Q OWNER), IN THE CONCORD AREA. (PARCEL #159-
090-043)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the appeal and sustain the Planning Commission decision to
deny the appeal and approve LP962018 in accord with the Option A
actions listed below.
OPTION A- Sustain the Planning Commission Approval Decision
1. Deny the appeal of Winton Jones Development Company.
2. Accept the environmental review documentation as being
complete and adequate.
3. Approve LP962018.
4. Approve the findings contained in the resolution of the August
27, 1996 Planning Commission as the basis for the Board
actions.
OPTION B- Reverse the Planning Commission Decision
1. Grant the appeal of Winton Jones Development Company.
2. Accept the environmental documentation for this project as
being adequate.
3. Deny LP962018.
4. Direct staff to prepare findings for review and doption of
Board.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMME ON hk BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF BIIPERVISORS _
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.
Contact:DEBBIE CHAMBERLAIN 335-1213 ATTESTED
cc: Community Development Department PHIL BATCHELOR,. CLERK OF
Public Works-Mitch Avalon THE BOARD OF SUPERVISORS
MGM Construction AND COUNTY ADMINISTRATOR
Winton Jones Development Co.
BY , DEPUTY
DC/df _��
Page Two
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The background for this project is reviewed in the August 27, 1996
staff report to the County Planning Commission. The Commission
reviewed an appeal of the Zoning Administrator's approval of the
application filed by the adjoining property Winton Jones
Development Company (Winton & Nathalie Jones) . The Jone's own
seven nearby parcels including one with their residence. The Jones
current appeal is based on the objection that Valley
Waste Management will use the site for a transfer station. The
Jone's raised additional concerns when they appealed the Zoning
Administrator's decision. Those concerns were addressed by the
Planning Commission when they added additional conditions to the
project approval.
On June 24, 1996, after taking testimony, the Zoning Administrator
approved the application for LP962018. The Zoning Administrator
modified Conditions of Approval.
On August 27, 1996 the Planning Commission denied the appeal and
approved the project with all recommended conditions.
On September 5, 1996, Winton Jones Development Company appealed the
Commission's decision to the Board.
The appeal letter references back to the issues of appeal presented
to the Planning Commission and also restates the issues of appeal
previously presented in a different form.
The Winton Jones Development Company appeal contains no information ---
that was not available to the Commission prior to their decision.
RESOLUTION NO. 18-1996
-BEFORE THE BOARD OF APPEAL
CONTRA COSTA COUNTY _
STATE OF CALIFORNIA
APPEAL - MGM Construction Co. (Applicant & Owner)
Land Use Permit LP962018,
Concord area
WHEREAS, on February 6, 1996, the applicant and owner, MGM
Construction Co. , filed an application requesting approval to
establish a -vehicle equipment and materials storage yard on a 4. 334
acre parcel; and - -
WHEREAS, the subject parcel is located approximately 700 feet
north of the intersection of Arnold Industrial Highway and Laura
Alice Way; and is addressed as #1791 Arnold Industrial Highway, in
the Concord area; and
WHEREAS, a Negative Declaration of Environmental Significance
was posted for this project on May 2, 1996; and _
WHEREAS, the project was scheduled for public hearing before
the County Zoning Administrator for June 24, 1996 whereat all
persons interested therein might appear and be heard; and
WHEREAS, at said Zoning Administrator hearing of June 24,
1996, the applicant appeared and explained his request; and
WHEREAS, Winton and Nathalie Jones appeared and spoke in
opposition to the requested use of this land; and
WHEREAS, the Zoning Administrator closed the public hearing
and after having reviewed, considered and evaluated all the
testimony and evidence submitted in this application, APPROVED the
requested use of this land with revised and added conditions; and
WHEREAS, on July 8, 1996, Winton and Nathalie Jones appealed
the Zoning Administrator's decision to the County Planning
Commission for public hearing and determination; and
WHEREAS, on Tuesday, August 27, 1996, the County Planing
Commission sitting as the Board of appeals, conducted a public
hearing, whereat all persons interested therein might appear and be
heard; and
Page Two Resolution #18-1996
WHEREAS, on August 27, 1996, after the County Planning
Commission fully reviewed, considered and evaluated all the
testimony and evidence submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Appeals
DENIED the appeal of Winton and Nathalie Jones, and UPHELD the
decision of the Zoning Administrator with revised and added
conditions; and
BE IT FURTHER RESOLVED that the reasons for this
recommendation are as follows:
1. The General Plan designates this site as being appropriate for
light industrial uses.
2. The zoning of this area' -is -Light Industrial (L-I) .
3 . The proposed use of the property is a light industrial use.
BE IT RESOLVED that the forgoing DENIAL was given by vote of
the County Planning Commission in a regular meeting Tuesday, August
27, 1996 as follows:
AYES: Commissioners Terrell, Pavlinec, Clark,
Gaddis, Guncheon, Hanecak,
Wong
NOES: Commissioners - None
ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
BE IT FURTHER RESOLVED, that the appellants, Winton and
Nathalie Jones have appealed the decision of the Board of Appeals
to the County Board of Supervisors for public hearing and
determination.
ATTEST:
z11'1i._," C'i�_
, vey . Bragdon, Secretary
the ; lanning Commission,
County o Contra Costa, State of
California
DC/df
bo3:lp962018.res
i
MGM Construction Winton&Nathalie Jones KI Arnold Industrial
Attn: Jeff Lowe 1949 Arnold Industrial Highway P.Q. Box 1459
38 Cedarhollow Drive Concord, CA 94520 Lafayette, CA 94549
Danville, CA 94526
MGM Construction Lloyd&1V1'ildred Riggs Helen& Samuel Lowe _
940 Lexington Place 880 Hawthorne Drive 94 Frederick St. #D
San Ramon, CA 94583 Walnut Creek, CA 94596 Santa Cruz, CA 95062
TOSCO Corporation Rea Iv L.Le. Ab.
2300 Clayton Road#1100 5310 Harvest Hill Road -
Concord, CA 94520 AWN#
Dallas,TX 75230
Page Two
FISCAL IMPACT
None
BACKGROUNDIREASONS FOR RECOMMENDATIONS
The background for this project is reviewed in the August 27, 1996
staff report to the County Planning Commission. The Commission
reviewed an appeal of the Zoning Administrator's approval of the
application filed by the adjoining property Winton Jones
Development Company (Winton & Nathalie Jones) . The Jone's own
seven nearby parcels including one with their residence. The Jones
current appeal is based on the objection that Valley
Waste Management will use the site for a transfer station. The
Jone's raised additional concerns when they appealed the Zoning
Administrator's decision. Those concerns were addressed by the
Planning Commission when they added additional conditions to the
project approval.
On June 24, 1996, after taking testimony, the Zoning Administrator
approved the application for LP962018. The Zoning Administrator
modified Conditions of Approval.
On August 27, 1996 the Planning Commission denied the appeal and
approved the project with all recommended conditions.
On September 5, 1996, Winton Jones Development Company appealed the
Commission's decision to the Board.
The appeal letter references back to the issues of appeal presented
to the Planning Commission and also restates the issues of appeal
previously presented in a different form.
The Winton Jones Development Company appeal contains no information
that was not available to the Commission prior to their decision.
RESOLUTION NO. 18-1996
BEFORE THE BOARD OF APPEAL
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - MGM Construction Co. (Applicant & Owner)
Land Use Permit LP962018,
> Concord area
WHEREAS, on February 6, 1996, the applicant and owner, MGM
Construction Co. , filed an application requesting approval to
establish a vehicle equipment and materials storage yard on a 4. 334
acre parcel; and
WHEREAS, the subject parcel is located approximately 700 feet
north of the intersection of Arnold Industrial Highway and Laura
Alice Way; and is addressed as #1791 Arnold Industrial Highway, in
the Concord area; and
WHEREAS, a Negative Declaration of Environmental Significance
was posted for this project on May 2, 1996; and
WHEREAS, the project was scheduled for public hearing before
the County Zoning Administrator for June 24, 1996 whereat all
persons interested therein might appear and be heard; and
y WHEREAS, at said Zoning Administrator hearing of June 24,
1996, the applicant appeared and explained his request; and
WHEREAS, Winton and Nathalie Jones appeared and spoke in
opposition to the requested use of this land; and
WHEREAS, the Zoning Administrator closed the public hearing
and after having reviewed, considered and evaluated all the
testimony and evidence submitted in this application, APPROVED the
requested use of this land with revised and added conditions; and
WHEREAS, on July 8, 1996, Winton and Nathalie Jones appealed
the Zoning Administrator's decision to the County Planning
Commission for public hearing and determination; and
WHEREAS, on Tuesday, August 27, 1996, the County Planing
Commission sitting as the Board of appeals, conducted a public
hearing, whereat all persons interested therein might appear and be
heard; and
Page Two Resolution 118-1996
WHEREAS, on August 27, 1996, after the County Planning
Commission fully reviewed, considered and evaluated all the
testimony and evidence submitted in this matter; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Appeals
DENIED the appeal of Winton and Nathalie Jones, and UPHELD the
decision of the Zoning Administrator with revised and added
conditions; and
BE IT FURTHER RESOLVED that the reasons for this
recommendation are as follows:
1. The *General Plan designates this site as being appropriate for
light industrial uses.
2. The zoning of -this area is Light Industrial (L-I) .
3. The proposed use of the property is a light industrial use.
BE IT RESOLVED that the forgoing DENIAL was given by vote of
the County Planning Commission in a regular meeting Tuesday, August
27, 1996 as follows:
AYES: Commissioners - Terrell, Pavlinec, Clark,
-- Gaddis, Guncheon, Hanecak,
Wong
NOES: Commissioners - None
ABSENT: Commissioners - None
ABSTAIN: Commissioners - None
BE IT FURTHER RESOLVED, that the appellants, Winton and
Nathalie Jones have appealed the decision of 'the Board of Appeals
to the County Board of Supervisors for public hearing and
determination.
ATTEST: j
rIvey $ragdon, Secretary
the lanning Commission,
County o Contra Costa, State of
California
DC/df
bo3: lp962018.res
MGM Construction Winton&Nathalie Jones KI Arnold Industrial
Attn: Jeff Lowe 1949 Arnold Industrial Highway P.O. Box 1459
38 Cedarhollow Drive Concord, CA 94520 Lafayette, CA 94549
Danville, CA 94526
MGM Construction Lloyd&Mildred Riggs Helen& Samuel Lowe
940 Lexington Place - 880 Hawthorne Drive 94 Frederick St. #D
San Ramon, CA 94583 Walnut Creek, CA 94596 Santa Cruz, CA 95062
TOSCO Corporation Reo Iv L.l.c. Ab
2300 Clayton Road #1100 5310 Harvest Hill Road
Concord, CA 94520 #lbl20#
Dallas, TX 75230
Agenda Item# Ll
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY, AUGUST 27, 1996 - 7:30 P.M.
BOARD OF APPEALS
I. INTRODUCTION
MGM CONSTRUCTION(Applicant & Owner), County File#LP962018: This is an appeal
of the Zoning Administrator's decision to approve a contractor's yard to store and maintain
construction equipment, storing of related support items and general office support. The
subject property is approximately 4.3 acre parcel located approximately-700 feet north of the
intersection of Arnold Industrial Highway, in the Concord area. Subject property is
addressed#1781 Arnold Industrial Highway. (L-1) (ZA: G-14) (CT 3150) (Parcel#159-090-
043).
II. RECOMMENDATION
Staff recommends-the Commission take the following action:
A. Find the environmental documentation prepared for this project as adequate.
B. Deny the appeal of Winton and Natalie Jones, and uphold the Zoning
Administrator's decision.
III. DISCUSSION
This item was heard by the Zoning-Administrator on June 24, 1996 and was approved with
minor changes to the conditions of approval. Those changes are shown on Attachment A
of this staff report. Following the Zoning Administrator's decision, an appeal was filed by
Winton and Natalie Jones (see Attachment B). The Jones' appeal letter list seven items of
appeal. The following is staff's response to those items.
WINTON JONES QQ
�eve�O meet �o.
p
1848 ARNOLD INDUSTRIAL HIGHWAY
CONCORD, CALIFORNIA
August 27 , 1996
Contra Costa County
Planning Commission
Martinez, CA
Ladies and Gentlemen,
We appeal the approval for LP962018 based on our letters of 7-1-96 ,
3-28-93, 10-6-92. 9-28-92. 6-21-96, 5-23-96 . In review we state as
follows:
1 . Alta survey and proof of acquisitions of rights of way and
legality or permits and easements for improvements have not
been filed.
2 . The signal lites and intersection improvements at Arnold
Industrial Way and Laura Alice Way have been postponed for
over 30 years of promises and studies and delays.
3. Off street parking has not been confirmed or pursued. -
4. Landscaping plans have been made but never pursued.
5. Legal discharge of run off storm water drainage and run off
has not been pursued.
6 . We were unable to find 4 filed parcels on map subdividing
4 access into 4 lots MS-35-9 on 3-9-92 as industrial
subdivision.
7 . We feel that previous land use permits have not been
diligently followed and are very concerned about continuing
and postponing established requirements.
8. We live here with other families since . 1954 and operate a
family contracting business with- minimal interference to the
environment or our neighbors and request further stu ade
of the EIR and above before permit approval.
Winton Jo
NN t
hake Jon s
WINTON JONES
1949 ARNOLD INDUSTRIAL HIGHWAY
September 5, 1996 CONCORD, CALIFORNIA
Contra Costa County
Board Of Supervisors
Martinez, CA 94553
RE: LUP 96-2018
Ladies and Gentleman:
We appeal approval by the County Planning Commission 27 August 1996.
Please see Winton Jones Development Co. attached letter of 27 August 1996.
Item I - County records and Alta survey by Jasper Cooper indicates that legality
and filing of access easements and right of way for property has not been
completed and filed.
Item 2 - Signal light studies are not real current and updated for North Concord's
rapid warehousing developments and increased traffic on Laura Alice Way and
Arnold Industrial Way.
Item 3 - Conditions of approval as attached state "as much as reasonably
possible for employers and visitors parking." What does this specifically require?
Item 4 - Storm and wash water system tied in with RMC cement plant has no
audit or reporting requirements regarding pollutants.
Item 5 - Question of filing industrial subdivision map into 4 parcels has not been
answered and also, is this a permanent use permit or is there a time period
involved?
Sincerely,
Winton Jon
Nathalie Jones
S-2
Items of Appeal
A. "See Public Works notes of 3/28/96 attached".
Response: The comments received by the Public Works Department dated March 3,
1996(Attachment C)discuss the requirement for the applicant to provide a fair share
contribution to the signal at Laura Alice Way/Arnold Industrial Highway when
needed. The City of Concord recently performed a signal warrant analysis and
determined that a signal is not necessary at this time, but will be in the future. The
second requirement discusses the availability of funds for construction of the signal
and finally that Community Development Department should consider landscaping
along the project frontage.
Conditions of approval for the project include the requirement for a fair share
contribution to the signal (COA 913) and requires maintenance of existing-
landscaping and replacement of plans which have died within 30 days of approval
(COA#4).
B. "We object to the industrial subdivision(with no detailed plans for multiple uses and
multiple tenants)".
Response: The use as approved by the Zoning Administrator is to establish a
contractor's yard. There is no evidence in the record to suggest an industrial
subdivision has been applied for or approved. The information provided by the
applicant, in regards to traffic counts and employees indicates the property will be
used by one contractor. For clarification, the conditions of approval#12.B. provided
by the Public Works Department references requirements under the Subdivision Map
Act and based on a February 6, 1996 Vesting Tentative Map. No tentative map has
been filed with this application and the condition of approval should be deleted and
replaced with following:
This development shall conform to the requirements of Division 914 (Drainage) and
the remainder of Title 9 and Title 10 of the Subdivision Ordinance. Any exceptions
therefrom must be specifically listed in this conditional approval statement.
Drainage, road and utility requirements are based on the plan submitted on February -
6, 1996 and shall be subject to the review of the Public Works Department.
C. "Traffic signal and lights have been promised us for over 30 years. But due to the
City of Concord and Contra Costa County jurisdictional disputes we are still without
promised signals".
Response: See response to #l.
S-3
D. "Legal access across"Bedford Strip" is still not recorded or complete".
Response: The applicant has provided evidence of relinquishment of Abutter's
Rights dated June 3, 1993 for the area across the frontage of the subject property
(Parcel E on the site plan) has been granted to the Contra Costa County from MGM
Construction.
E. "Sound wall as agreed to in previous permit was never completed".
Response: The requirement to construct the soundwall was a condition of the
previous land use permit due to the potential noise generated from the trucking
facility. The requirement under Condition of Approval #11.A to construct an 8-foot
soundwall was only required of Valley Waste Management continued the use beyond
December 31, 1995. . An acoustical study prepared by Ilengworth & Rodken, Inc.
Dated March 16, 1993. No additional requirements were needed beyond those
proposed in the conditional use permit to mitigate noise levels.
F. "Landscaping as required has not been maintained".
Response: Staff was aware of the current condition of the_landscaping and included_
condition of approval#4 requiring replacement of landscaping which has died.
G. "Public Works notes of 3/28/96 attached and in question":
1. Paragraph 3 - condition of approval.
Response: See response to #1.
2. Paragraph A- access in limbo.
Response: See response to #4.
3. Paragraphs 3 and A.1) and 2), and Paragraph B.1)and 2) and Paragraph C are
incomplete.
Response: Staff is unclear to what the applicant is appealing in this
statement. It appears that"Paragraph 3" is the landscaping issues previously
discussed in Response #1. "Paragraph A.1) and 2)" may refer to the-
requirements
herequirements to file improvement plans and outlined in COA 412.A. and the
signal contribution as outlined in COA 913.
Paragraph B.1 and B.2 may refer to the subdivision condition included by the
Public Works Department which is unnecessary and staff has recommended
for deletion. Staff cannot make identify what"Paragraph B2" is referring to.
S-4
Finally, regarding "Paragraph C", staff has reviewed the Conditions of
Approval and the comments provided by the Public Works Department dated
March 28, 1996 and cannot find any reference to a "Paragraph C" and,
therefore, cannot provide a response.
IV. CONCLUSION
Staff recommends the Planning Commission uphold the decision of the Zoning
Administrator and deny the appeal, with the deletion of Condition of Approval#12.B.
DJC/aa
LPIII/2018-96.DJC
8/5/96
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2018-96
1. The request for a land use permit for a contractor's yard at 1781 Arnold Industrial Way as
depicted on the site plan dated received February 6, 1996 by the Community Development
Department is approved. The following conditions of approval require compliance prior to
exercise of this land use permit.
2. No solid or liquid waste originating off the subject site shall be brought on site, stored or
transferred on the subject site.
3. 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.
4. The applicant shall maintain the existing landscaping in good condition. Any plants that
have died shall be replaced within 30 days of this approval.
5. The applicant shall continue implementation of the NPDES program approved for
LP922042. Any modifications require review and approval by the Zoning Administrator.
6. Within 30 days of this approval, the applicant shall submit verification to the Zoning
Administrator that the Contra Costa County Fire Protection District has determined that the
site plan adequately accommodates the Fire District's need for access to all portions of the
site.
7. The existing sewer system shall be maintained 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.
8. The use of the site-shall be subject to the following additional limitations:
A. The hours of operations shall be limited to 7:00 A.M. through 6:00 P.M., Monday
through Friday.
B. Prior to 7:00 A.M., activities shall be limited to (1) non-noise creating maintenance
and repairs, and (2) 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 noise creating maintenance or
repairs or other noise-generating activities or operating vehicles in a manner that
causes their back-up alarms to sound.
9. 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 visitor
vehicles) on nearby properties or on public or private streets in the project vicinity is
2
prohibited. Failure to comply wit this requirement may be grounds to revoke this use permit.
10. At least one 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.
11. 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.
Conditions of Approval from the Public Works Department
12. General Requirements
Before this land use permit is exercised, the applicant will provide evidence to the
Community
Development Department that the following conditions of approval have been met. To
accomplish this objective, the applicant will meet with Public Works Department and
provide
necessary materials that would allow this Department to attest to compliance.
A. Improvement plans prepared by a registered civil engineer shall be submitted to the Public
Works Department, Engineering Services Division, along with review and inspection fees,
and security for all improvements required by the Ordinance Code or the conditions of
approval for this project.
B. , this subdivision shall
eenfortm to all applieabl ef the Subdivision Ofdinanee (Title 9).
be speeifieally listed in this eenditiena4 appr-
gMtlement. The drainage, f:eEtd and utility improvements eutlifted below shall require
the review and appreval of the Publie Wef:ks DepaFtment and are based an th
Vesting TenteAiye Map dated Febmar-y 6, 1996.
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6, X996 and shall be su>ject to the review cif the> ubltc ? �rs:Tepat
3
13. Roadway Improvements (Off-site)
Submit a signal warrant analysis for the intersection of Arnold Industrial Way and Laura
Alice Way, subject to review of Public Works and review and approval of the Zoning
Administrator. 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, the
applicant shall be responsible for a fair share of the cost of signalization of this intersection
based on a traffic study. The traffic study prepared by a traffic engineer for review by the
Public Works Department shall determine this amount based on the number of trips through
the intersection generated by the project, subject to review of Public Works and review and
approval by the Zoning Administrator.
14. Access to Adjoining Property
Proof of Access/Acquisition
A. Applicant shall furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of way, rights of entry, permits
and/or easements for the construction of off-site, temporary or permanent, road or
drainage improvements. --
Restrict Access
B. Restrict access along Laura Alice Way, with the exception of the existing access
points.
15. Utilities/Undergrounding
All new utility-distribution-services shall be installed underground. ---
16. Drainage Improvements (collect and convey)
A. Division 914 of the Ordinance Code requires that all storm waters entering or
originating within the subject property shall be conveyed, 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.
B. Storm drainage facilities required by Division 914 shall be designed and constructed
in accordance with specifications outlined in Division 914 and in compliance with
design standards of the Public Works Department.
4
17. Miscellaneous Drainage Requirements
A. Storm drainage originating on the property and conveyed in a concentrated manner
shall be prevented from draining across driveway(s).
B. The applicant shall install within a dedicated drainage easement any portion of the
drainage system which conveys run-off from public streets.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
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 applicant shall be required to comply with all rules, regulations and procedures of the
National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction-and industrial activities as promulgated by the California State Water Resources
Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay-
Regional II or Central Valley-Region V).
5
G. 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.
DJC/aa _.
LPIIU2018-96C.DJC
5/16/96
6/24/96 -Z.A. Rev. (v)
8/5/96
ra
WINTON JONES g6y�Yz3 P
2evelo meat Co. :; :,,.;; :42
1949 ARNOLD N L HIGHWAY
CONCORD, CALIFORNIA
May 23 , 1996
Contra Costa County
Community Development
451 Pine Street
4th Floor N. Wing RE: EIR
Martinez, CA 94553-0095 Negative Declaration
Attentions Debbie - Chamberlain
We have reviewed the file #LP963018 and state as follows in
objection to EIR.
1 . No positive orders on signal lites at intersections as
previously required.
2 . Solid 'Waste was stored on premises by previous tenant `4MI. __--
in violation.
3. Vehicles and boxes numbered over 150 instead .' 80
allowed on permit.
4. Leachate of Hazardous materials of RMC cement on
property and into sewer and V1 C channel in violation of
land use permit.
5 . Washing of garbage vehicles and debris boxes into_ :.ewer
was violatioin permit.
These are some of objections we plan to raise at property
hearing date in future.
Winton Jones
21a�.ha11e Jo
WINTON JONES
CO.
1949 ARNOI-I) INDUSTRIAt HIGHWAY
CONCORD, CALIFORNIA
June 21 . 1996
Contra Costa county
Community Development
451 Pine Street
4th Floor N. Wing RE: File' LP962018
Martinez, CA 94553-0095 Sub Division
Attention: Debbie Chamberlain
We have reviewed the notice of- -Public Hearing for June 24,
1996 at 1130 P.M.
We challenge this project because of conflicting information
and details.
1. Upon build out of North Concord it has previously been
agreed that signal lights would be installed at
intersection of Laura Alice Way and Arnold
Industrial Way. This is presently postponed again
Why?
2. County records still are not clear on the legal access to
this property and that of adjoining properties.
3. Storm drainage facilities of these various properties is
still not resolved.
4. It is unclear if this application is for an industrial
subdivision or solely for one construction yard as in the
past, and that the property would be transferable to
various users. This is unclear.
5. What is "permanent new use permit" intended for in the
future?
The above questions are in addition to our letter of Hay 23,
1996 and may be expanded when answers are made at the public,
hearing.
on n e
I I :11WV + z NN"fl, 90
Nathalie Jones
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WINTON JONES_ <<
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1949 ARNOLD INDRIUAL WHWAY
CONCORD, C$LIFQN1A�'
Contra Costa County July 1 , 1996
Community Development
451 Pine Street
4th Floor N. Wing Fi-le LP962018
Martinez, CA 94553-0095 Appeal
Attention: Debbie Chamberlain
Our appeal to this permit approval supplements our letters of
5/23/96 , 6/21/96. 31AMIQQ and statement of hearings 6/24/96,
10/6/92 as follows. 76
1 . See Public Works notes of 3/28/96 attached.
2. We object to this industrial subdivision (with no
detailed plans) for multiple uses and multiple
tenants.
3. Traffic signal and lights have been promised us for over
30 years. But due to City of Concord -and Contra- Costa
County jurisdictional disputes we are still without
promised signals.
4. Legal access across "Bedford Strip" is still not recorded
or completed.
5 . Sound wall as agreed in previous permit was never
completed.
6 . Landscaping as required has not been maintained.
7 . Public Works notes of 3/28/96 attached and in question.
a. ) Paragraph 3 - condition of approval.
b. ) Paragraph A - access in limbo .
c. ) Paragraphs 3 and A 1 ) 2 ) . and Paragraph B 1 ) 2 ) and
Paragraph C are incomplete.
We have appreciated previous planning processes and
understand that shortage of finances has not permitted some of the
above . But we ask for more thorough protection for the North
Concord Industrial Areas. �f
Sincer /
win`t; ofYes
Attached: 25 pages from County files
Nathalie Jones
PUBLIC WORKS DEPARTMENT i)ii 1 '� r R` COUNTY
CONTRA COSTA COUNTY 96 APR - I PH 2: 35
CBMMUNIU eDE LLOPMENT DEPT.
DATE: March 28, 1996
TO: Bob Drake, Community Development
FROM: Steven J. Wright, Associate Civil Engineer, Engineering Service
G
SUBJECT: LUP 2018-96, (LAURA ALICE WAY - CONCORD) APN 159-090043
FILE: LUP 2018-96
ROAD AND DRAINAGE CONSIDERATIONS:
The attached recommended conditions of approval based on the February 6, 199: :site
plan include road and drainage requirements. The applicant should be fully aware of the
Division 914 (Drainage) and Division 1006 (Road Dedication and Setback) requirements
of the County Ordinance Code as they pertain to this development.
The following issues should be analyzed with consideration of this project.:
ISSUES:
1. The previous conditions of approval for a permit at this development (LUP 2042-92)
required the applicant to provide a signal warrant analysis and a traffic study to
determine the improvement needs at the Laura Alice Way/Arnold Industrial Way
intersection. Based on these two studies the applicant was to either constru,::; :he
necessary improvements (i.e. left turn pockets, traffic signal) or pay a "fair share"
of the cost of these improvements. The applicant has not yet complied with this
condition.
After consultation with the City of Concord, it was determined that the length of the
left turn lanes is adequate, but a traffic signal may soon be necessary. The ( of
Concord recently performed a traffic signal warrant analysis and it narrow missed
the necessary warrants. Since significant additional development is anticipated in
the area, a traffic signal will soon be necessary. We will request a fair share of the
cost split of the traffic signal installation based on traffic generation of anticipated
development.
2. Recent development in the area (LUP 2005-88) has-deposited funds to the County
to construct area improvements. Approximately $70,000 is left over from these
funds which may be used for the traffic signal at Laura Alice Way and Arnold
Industrial Way. , If these funds are not used they will be returned to the applicant.
3. You may want to consider requiring the applicant to provide more frontage
landscaping. There currently exists a lawn area behind the existing curb.
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cc: M.Avalon, Engineering Services
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WINTON - JONES
_- _ -- 2eVelopment CO.
1949 ARNOLD INDUSTRIAL 141GIlWAY
CONCORD, CALIFORNIA
Contra Costa County
Community Development Department March 28, 1993
Martinez, CA
Attn: Tom Dalziel, Planner
Gentlemen :
We have just now received your letter of March 22 , 199.3, requesting our
comments by April 1 , for a noise evaluation program. Frankly, this a
real short time for a complete report on such a. major impacting problem
from us to you. However, here are some serious thoughts facing us as
residents next door to this huge garbage truck operation. w.
The report is totally incomplete and inaccurate . At the West end of our
property line is their East property line. Two families live. less than
850 feet from the garbage trucking yard . Robert and- Cynthia Leon, and
their 2 year old daughter, Nicole and soon expected son live in Ft <iouble-
wide mobile home . Winton and. Nathalie Jones live in a large howc next
door since 1954 . Two children Olin and Janell grew up here , and our
four grandchildren; Erica . Dana, Marlena , and Eric are here with us much
of the time .
The mandatory sound wall was stipulated by our supervisor, Sunne McPeak
dup to the night hours and noisy garbage truck operations . We are
seniors under severe .stress with physical handicaps and place -1 under
physi.cian ' s care for lots of rest in recent months .
The noise evaluation program is evasive . inaccurate , and incomplete . It
is suggestive and theoretical in concept. It appears that the noise
reports could be done whenever garbage people feel like it and at their
convenience until December 31 , 1995 . There does not seem to he any _
system for scheduling of audits as we all agreed at the hearing . This
report seems to be idealistic ,, potential , and not realistic.
Our adjacent neighbors at Lone Star cement plant operate very cautiously
and cooperatively during daytime working hours and not on Saturday,
Sunday,, or holidays.
The report states that there will be no noise or disturbance f.t-u:n
4 a . m. -- 7 a . m. daily. Let ' s see what actually happens . We request
weekly reports and studies for the County and neighbors durii:g these
nighttime hours to be done on different days of the week for the first
ninety days as agreed .
At the Board of Supervisors hearings all understood that all maintenance
and repairs of trucks, bins , and boxes would NOT be at this leased
location but, in their permanent owned shops in Walnut Creek.
The compromise agreement for this temporary use permit contemplates No
backing up of ANY vehicles during the hours of 4 a. m. - 7 a. m.
and only driving trucks in a forward manner out of the yard. This is to
eliminate noisy and disturbing large diesel engines , back up alarms , and
operations of mechanical loaders and unloading. All agreed to give us
peace and rest.
Obviously, the above agreed upon operations could impact seriously up to
10 people during night time hours - which would not be permitted under
our contract with Lafco and the City of Concord annexation agreement.
This study states that noise measurements were conducted on site March
11 and 12 , 1993. No details are given regarding the 70 huge garbage
trucks and several hundred roll off boxes . However, emphasis wa: .)laced
on nearby elevated freeway noise and airplane flights . NO study was
made during periods of temperature inversion or intensity of westerly
prevailing winds which carry noises into our bedrooms.
The presumption that two random tin buildings NOT in the westerly
wind pattern will shield the noises of 70 garbage -diesel truck -ngines,
back up alarms , and mechanical loading and unloading-.. is FAL,_I'-..! Ke
request physical and accurate reports on a daily basis for the first
ninety days - all as agreed in compromise for temporary use permit for
lessee .
Obviously, there is real need for complete ongoing evaluations of
operations by garbage men and adjacent residents. The above st'-Itements
Are hurried and preliminary due to the very short response-- )eriod
-)Iloi
.7ed of three working days for comment. More details will follow to
supplement the brief comments above .
Sincerely,
Wint Jones
L
Nathalie J
C,
'
Robert Leon
/,- Cynthia L6on
Agenda Item#
Community Development Contra Costa County
COUNTY ZONING ADMINISTRATOR
MONDAY, JUNE 24. 1996 - 1:30 P.M.
I. INTRODUCTION
MGM CONSTRUCTION (Applicant & Owner), County File #LP962018: The applicant
requests approval to establish a contractor's yard to store and maintain construction
equipment, storing of related support items and general office support. The subject property
is approximately 4.3 acre site located approximately 700 feet north of the intersection of
Arnold Industrial Highway, in the Concord area. Subject property is addressed #1781
Arnold Industrial Highway. (L-I) (ZA: G-14) (CT 3150) (Parcel #159-090-043).
II. RECOMMENDATION
Approve with conditions.
III. GENERAL INFORMATION
A. General Plan: General Plan designation for the subject property is Light Industrial.
B. Zoning: The subject property is zoned Light-Industrial.
C. CEQA Status: A Negative Declaration has been posted for the project.
D. Previous Applications:
1. MS 35-91 was approved by the Zoning Administrator to divide the subject
parcel into four lots on March 9, 1992. A parcel map has not been submitted
for filing.
2. LP942042 was approved by the Board of Supervisors on January 26, 1993
to establish a truck maintenance and parking facility for refuse disposal
trucks.
IV. AREA DESCRIPTION
The Laura Alice area is comprised of industrial uses ranging from contractor's yards, batch
plants and trucking yards.
2
V. SITE DESCRIPTION
The subject property is flat and gravel surfaced except various metal and concrete buildings.
The site was previously occupied by Valley Waste Management.
VI, AGENCY/PUBLIC COMMENTS
A. Health Services Department, Environmental Health Division: No comment-s.
B. Airport Land Use Commission: No comments.
C. Building Inspection Department;No comments.
D. Contra Costa CountyFireProtection District: Comply with District's letter for
LP922042 and further permits as per Uniform Fire Code may be required.
E. County Health Services Department.HazardousMaterials: Agency comment request
form forwarded February 13, 1996, no comments received.
VII. STAFF DISCUSSION
A. Appropriateness of Use: The applicant's request to establish a contractor's yard
within a Light-Industrial area is an appropriate request and is in conformance with
the General Plan and the County Ordinance Code.
B. Applicant's Proposal: The proposed contractor's yard is a less intensive use than the
private parking facility for refuse disposal trucks and related equipment. The number
of trucks associated with the proposed use as compared to the previous use are equal
in number, however, the type and size of trucks differ dramatically.
Waste Management: SO refuse disposal trucks plus associated employee vehicles.
Contractor's Yard: 20 light trucks and auto
20 medium to heavy duty trucks
30 construction equipment
15 light support units
20 employee vehicles
The applicant has indicted that the general hours of operation are TOO A.M. to 6:00
P.M. with limited operations commencing at 5:00 A.M. Due to franchise
agreements, the previous use was required to begin operation at 4:30 A.M. In
regards to any potential noise impacts, the nearest single family-residence is approx-
imately 800 feet from the subject property and are separated by four parcels. The
applicant's proposed work hours are appropriate for the use,
3
C. Prior Conditions of Approval: The applicant has reviewed the previous conditions
of approval and has indicated in a April 10, 1996 letter those conditions which
require modification or elimination (attached as Exhibit A). The applicant has
agreed that Conditions #4 and #5 referencing solid and liquid waste material are
included as part ofthe project. Currently an NPDES program has been implemented
as part of the previous project, the applicant will be required to continue imple-
mentation of the approved NPDES program for the prior use.
A landscaping and irrigation plan was approved and implemented as part of the
previous project. The applicant will be required to maintain the installed landscaping
and replace any plants which have died within 30 days of this approval. Condition
of Approval #10 required connection to the Central Sanitary District and that all
truck washing activities will utilize a closed loop system. The project will be
conditioned to require utilization and maintenance of this system.
As discussed previously,the proposed general hours of operation are from 7:00 A.M.
to 6:00 P.M. with limited operations commencing at 5:00 A.M. The proposed hours
are consistent with those previously approved and will not create any new impacts.
VIII. ROAD AND DRAINAGE CONSIDERATIONS
The attached recommended conditions of approval based on the February 6, 1996 site plan
include road and drainage requirements. The applicant should be fully aware of the Division
914 (Drainage) and Division 1006 (Road Dedication and Setback) requirements of the
County Ordinance Code as they pertain to this development.
The following issues.should be analyzed with consideration of this project:
ISSUES
A. The previous conditions of approval for a permit at this development (LUP 2042-92)
required the applicant to provide a signal warrant analysis and a traffic study to
determine the improvement needs at the Laura Alice Way/Arnold Industrial Way
intersection. Based on these two studies the applicant was to either construct-the
necessary improvements (i.e., left turn pockets, traffic signal) or pay a "fair share"
of the cost of these improvements. The applicant has not yet complied with this
condition.
After consultation with the City of Concord, it was determined that the length of the
left turn lane is adequate, but a traffic signal may soon be necessary. The City of
Concord recently performed a traffic signal warrant analysis and it narrowly missed
- the necessary warrants. Since significant additional development is anticipated in
the area, a traffic signal installation based on traffic generation of anticipated
development.
4
B. Recent development in the area (LUP 2005-88) has deposited funds to the County
to construct area improvements. Approximately $70,000 is left over from these
funds which may be used for the traffic signal at Laura Alice Way and Arnold
Industrial Way. If these funds are not used they will be returned to the applicant.
IX. CONCLUSION
Staff finds that the proposed project is consistent with the County General Plan and the Light
Industrial Zoning District and recommends approval of the proposed project, subject to the
attached conditions of approval.
DJC/aa
LPIIU2018-96.DJC
6/11/96
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2018-96
1. The request for a land use permit for a contractor's-yard at 1781 Arnold Industrial Way as
depicted on the site plan dated received February 6, 1996 by the Community Development
Department is approved. The following conditions of approval require compliance prior to
use of the site unless otherwise indicated.
2. No solid or liquid waste originating off the subject site shall be brought on site, stored or
transferred on the subject site.-
3.
ite.3. 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.
-4. The applicant shall maintain the existing landscaping in good condition. Any plants that
have died shall be replaced within 30 days of this approval.
5. The applicant shall continue implementation of the NPDES program approved for
LP922042. Any modifications require review and approval by the Zoning Administrator.
6. Within 30 days of this approval, the applicant shall submit verification to the Zoning
Administrator that the Contra Costa County Fire Protection District has determined that the
site plan adequately accommodates the Fire District's need for access to all portions of the
site.
7. The existing sewer system shall be maintained to assure that all trucks 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.
8. _. The use of the site shall be subject to the following additional limitations:
A. The hours of operations shall be limited to 7:00 A.M. through 6:00 P.M., Monday
through Friday.
B. Prior to 7:00 A.M., activities shall be limited to (1) non-noise creating maintenance
and repairs, and (2) driving trucks off-site in a forward- direction-on4 cept in
emergencies) (so that back-up alarms will not sound) to their destinations. Prior to
this time (except in emergencies), there shall be no noise creating maintenance or
repairs or other noise-generating activities or operating vehicles in a manner that
causes their back-up alarms to sound.
9. 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 visitor
vehicles) on nearby properties or on public or private streets in the project vicinity is
prohibited. Failure to comply wit this requirement may be grounds to revoke this use permit.
2
10. At least one 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.
11. 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.
Conditions of Approval from the Public Works Department
12. General Requirements
A. Improvement plans prepared by a-registered civil engineer shall be submitted to`the
Public Works Department, Engineering Services Division, along with review and
inspection fees, and security for all improvements required by the Ordinance Code
or the conditions of approval for this project.
B. In accordance with Section 92-2.006 of the Ordinance Code, this subdivision shall
conform to all applicable provisions of the Subdivision Ordinance (Title 9). Any
exceptions therefrom must be specifically listed in this conditional approval
statement. The drainage, road and utility improvements outlined below shall require
the review and approval of the Public Works Department and are based on the
Vesting Tentative Map dated February 6, 1996.
13. Roadway Improvements (Off-site)
Submit a signal warrant analysis for 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, the
applicant shall be responsible for a fair share of the cost of signalization of this intersection
based on a traffic study. The traffic study-prepared-by a traffic engineer for review by,the-
Public Works Department shall determine-this amount based on the number of trips through
the intersection generated by the project.
3
14. Access to Adjoining Property
Proof of Access/Acquisition
A. Applicant shall furnish proof to the Public Works Department, Engineering Services
Division, of the acquisition of all necessary rights of way, rights of entry, permits
and/or easements for the construction of off-site, temporary or permanent, road or
drainage improvements.
Restrict Access
B. Restrict access along Laura Alice Way, with the exception of the existing access
points.
15. Utilities/Undergrounding
All new utility distribution services shall be installed underground.
16. Drainage Improvements (collect and convey)
A. Division 914.of the Ordinance Code requires-that all storm waters entering or
originating within the subject property shall be conveyed, 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.
B. Storm drainage facilities required by Division 914 shall be designed and constructed
in accordance with specifications outlined in Division 914 and in compliance with
design standards of the Public Works Department. ,
17. Miscellaneous Drainage Requirements
A. Storm drainage originating on the property and conveyed in a concentrated manner
shall be preventedfrom draining across driveway(s).
B. The applicant shall install within a dedicated drainage easement any portion of the
drainage system which conveys run-off from public streets. -
4
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
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 D-apartment, Envir-onmen-W 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 applicant shall be required to comply with all rules, regulations and procedures of the
National Pollutant Discharge Elimination System (NPDES) permit for municipal,
construction and industrial activities as promulgated by the California State Water Resources
Control Board or any of its Regional Water Quality Control Boards (San Francisco Bay-
Regional II or Central Valley-Region V).
G. 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:thatfack-up onto Laura
Alice Way is not permitted; and (2) provide for minimum 4-foot landscape planter along the
Laura Alice Way frontage.
DJC/aa
LPIII/2018-96C.DJC
5/16/96
: A COSTA
April 10, 1996 C6 APR I I PH 3: 40
Contra Costa County Cu.`,�i1a i 1"
Community Development Department �J6VELOPMENTOEI�T
651 Pine Street
Martinez, CA 94526 __-
Attention: Ms. Debbie Chamberlain
Subject: Land Use Permit 962018
3911 Laura Alice Way
Dear Ms. Chamberlain:
In response to your letter dated April 2, 1996 please find the
following response.
I confirm our verbal request to change the--subject usage to a
.contractors yard. Specifically to store and maintain construction
equipment, storing of related support items, and general office
support.
Item 1. General hours of operation will be 7:00 A.M. to 6:00 P.M.
Occasionally these limited operations would commence at 5:00 A.M.
and conclude at 7: 00 P.M. The number of personnel,associated with
its day to day use would not be expected to exceed twenty (20)
employees.
Item 2. The number and type of vehicles, stored on site, would not
be anticipated to exceed the following on the most dense days. In
actuality it is doubtful the following world be reached.
a) Light trucks and autos. 20 each
b) Medium to heavy -trucks. 20 each
c) Construction equipment. 30 each
d) Light support units. 15 each
Concerning the conditions of the previous -permit we address those
paragraphs as follows.
Paragraph 1 & 2: These need to be updated to address this new
permit.The wording of No.2 is confusing and should be structured
that the terms of the new Use Permit can be made permanent.
Paragraph 3: A TDM world not be required according to the Counties
Mr. Dan p (See item 1 above) . - _
Paragraph 6, 7, 9, 10, 11, 12, 13,& 16: These improvements and or
requirements were completed by the previous tenants and no further
action appears to be required.
Paragraph 8: This does not apply to this use permit request and
should be removed.
Paragraph 11-B-i: Please see item 1 above.
Paragraph 11-B-ii: We request consideration of occasional backup
alarm usage be allowed starting at 6:00. We would consider this
acceptable when considering the intense early morning activities
over the last three years.
Paragraph 11-A: References concerning a possible future sound wall
should be removed as the vehicle traffic will be reduced from 150±
round trips to 20t.
Paragraph 14_: This does not apply to the intended user and
inclusion here is questionable.
The remaining conditions are found to be acceptable.
Concerning the Advisory Notes we submit the following:
1- Item "E" the Bridge/Thoroughfare Fee should be waived since the
trip count will be dramatically reduced. The present tenant,
Valley Waste Management, has been operating approximately 125
trucks daily from the facility along with the employees to operate
and maintain same plus ether support personnel. The new applicant
is Independent Construction Co. with approximately 15 employees
and abort 5 truck trips per day.
2- Item "F-2 of said notes has been completed and same should be
deleted.
We thank you for all your efforts in gaining approval of this
permit. Feel free to call myself with all questions or comments at
(510) 373-8370 office or my home at (510) 820-7268.
Jeffrey F.---Lowe-
President:--LowePresident
M.G.M. Construction Co.
c.c. Mr. Martain Lysons
Contra Costa County Public Works
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