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HomeMy WebLinkAboutMINUTES - 02041997 - D3-D5 D.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA DATE: February 4, 1997 MATTER OF RECORD SUBJECT: PUBLIC COMMENT Denny Larson, Northern California Director, Communities for a Better Environment (CBE), and representative for the Regional Accident Prevention Coalition, announced the formation of a new Grassroots Investigation Team (GIT) to work in a spirit of cooperation with the agencies and the industry to get to the bottom of the Tosco tragedy that took the life of Michael Glanzman and injured 44 workers on January 21, 1997. Mr. Larson stated that the GIT team will endeavor to reveal the underlying causes of the chemical disasters which have afflicted this County over the years. Mr. Larson presented the Board members with a list of questions which GIT has requested that the agencies and the companies answer. Mr. Larson requested that the County accelerate implementation of an Industrial Neighbor Ombudsman, which was previously endorsed by the Board, and staff this position within the next six months. Chairman DeSaulnier expressed support for the concept of more oversight, including an ombudsman, and thanked Mr. Larson for his comments. THIS IS A MATTER FOR RECORD PURPOSES ONLY NO BOARD ACTION TAKEN Contra '* Costa n; TO: BOARD OF SUPERVISORS o' 1 County FROM: HARVEY E. BRAGDONcosri-cdii� DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 4, 1997 SUBJECT: APPEAL OF CAROL DAVIS AND RICHARD RITCHEY, COUNTY FILE #LP952020, OF THE EAST COUNTY REGIONAL PLANNING COMMISSION APPROVAL OF A LAND USE PERMIT TO CONTINUE THE USE OF THE SITE AS A MOTOR CYCLE RACING FACILITY WITH MODIFICATIONS. THE SUBJECT SITE IS LOCATED ON A PARCEL OF LAND CONTAINING APPROXIMATELY 74.46 ACRES OF LAND FRONTING FOR APPROXIMATELY 1,350 FEET ON THE SOUTH SIDE OF CAMINO DIABLO ROAD, IMMEDIATELY OPPOSITE LONGWELL ROAD, IN THE BRENTWOOD/BYRON AREA. SITE IS ADDRESSED #50 CAMINO DIABLO. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Staff recommends that the Board of Supervisors find the environmental documentation prepared for this project as adequate. 2 . Deny the appeal of Carol Davis and Richard Ritchey, and uphold the decision of the East County Regional Planning Commission approving the project subject to Conditions. 3 . Adopt the findings contained in Resolution No. 1-1997 as the basis for the Board's action. 4 . Direct staff to file a Notice of Determination with the County Clerk for this project reflecting the Board' s action. CONTINUED ON ATTACHMENT: _ CX YES SIGNATURE--)-,, k. Fin _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON February 4, 1997 APPROVED AS RECOMMENDED OTHER _ See the attached Pddendwn for Board action. VOTE OF SUPERVISORS 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:ART BERESFORD 335-1212 Orig: Community Development Department ATTESTED February 4, 1997 cc: County Counsel PHIL BATCHELOR, CLERK OF Public Works-Attn: Mitch Avalon THE BOARD OF SUPERVISORS Scott K. Zimmerman AN COUNTY DMINISTRATOR Tom Anderson & Tom Smith Carol Davis & Richard Ritchey 8 , DEPUTY AB/df bo3 : lp952020.bo 2 FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is requesting approval for a land use permit to continue the use of a portion of the site as a motor cycle racing facility with a lighted oval track. There is another pending Land Use Permit on this site, LP962046, which is a request to enlarge the existing quarry, approved under LP#942077, onto a 14 acre area on the south portion of the subject property and onto property to the west of the site involved in this LUP, #LP952020. Land Use Permit #962046 is also under appeal and is before the Board for hearing and decision. Previous Land Use Permits Involving The Motor Cycle Track: A series of temporary land use permit approvals (for five (5) year periods) have allowed the existing motorcycle recreational facility to exist on the subject property since 1973 . The previous permits are Land Use Permit #s 341-73 , 2030-77, 2108-83 and 2026-89 . Previous Hearings: This application was scheduled for hearing before the County Zoning Administrator on February 26, 199 and March 25, 1996 with a recommendation for approval. At the March 25, 1996 hearing the Zoning Administrator closed the hearing and denied the application. The Zoning Administrator denied the application because the applicant was requesting additional days of racing and the racing of 4 wheel mini sprints without doing additional studies on noise impacts. On March 29, 1996 the applicant' s representative requested reconsideration of the Zoning Administrator's's decision. On April 8 , 1996 the Zoning Administrator granted the reconsideration request and set April 22, 1996 as the hearing date. Notices of the hearing were sent out on April 9, 1996. The letter requesting reconsideration is attached in previous reports. On April 22, 1996 the Zoning Administrator continued the hearing to May 20, 1996 to allow himself time to study new material presented. At the May 20, 1996 hearing, the Zoning Administrator indicated that the additional information was not persuasive that the project would not result in dust and/or noise impacts to adjoining properties. The Zoning Administrator continued the hearing to July 8 , 1996 to propose an alternative approach to determining the project impacts. On July 8 , 1996 the Zoning Administrator continued the hearing on Land Use Permit #952020 to September 9, 1996. On September 9, 1996 the Zoning Administrator 's closed the hearing and set September 23 , 1996 as the date for decision. On September 23 , 1996 the Zoning Administrator approved #LP952020 subject to revised conditions. Uses were limited to what was on site and to the types of machines, dates and times for racing previously approved. The decision of the Zoning Administrator' s was appealed by the applicant, a neighbor, Mrs. Carol Davis and the Contra Costa Water District. Appeals were received on October 2 , and 3 , 1996. On December 2, 1996 the East County Regional Planning commission served as the Board of Appeals for LP952020. After receiving • testimony on the three appeals concerning conditions of approval for LP 952020, the East County Regional Planning Commission closed the hearing and rendered their decision. The East County Regional D� 3 Planning Commission denied the appeal of the Contra Costa Water District who requested that the applicant build a fence along the common property line between the District' s property and Mr. Anderson's property. The East County Regional Planning Commission approved part of the appeal of Mrs. Davis by limiting the time for the permit to five years rather than the unlimited time approved by the Zoning Administrator. The East County Regional Planning Commission limited night racing to one night per week, either Friday or Saturday nights. The East County Regional Planning Commission denied part of the appeal of Mrs. Davis by allowing the lighted oval track to remain where it is presently located and they allowed racing of motorcycle powered mini sprints subject to a Noise Study results showing that County Noise Standards can be met. The Study could require redesign or moving of the lighted track. The East County Regional Planning Commission denied part of the • appeal of the applicant by continuing the limit on night racing to one night per week and denied his request to not be required to pay a cash deposit to pay for staff time to investigate neighborhood complaints regarding LP952020. The East County Regional Planning Commission granted the applicant' s appeal to allow 4 wheel, motorcycle powered, chain driven, mini sprints to be raced on the oval track as long as a noise study shows County noise standards can be met. The East County Regional Planning commission approved Land Use Permit 952020 subject to revised conditions which are attached. Appeal Of Planning Commission Approval On December 11, 1996, Mrs. Carol Davis and Mr. Richard Ritchey appealed the East County Regional Planning Commission' s decision on LP952020. The letter of appeal was submitted to the County Community Development Department. The letter of appeal is attached. The concerns identified in the appeal letter was the location of the lighted oval track. The appellant is requesting that the oval track be moved further east, away from Mrs. Davis's property toward the center of Mr. Anderson's property. This concern was considered by the East County Regional Planning Commission. Earlier land use permits had shown an oval-circular track east of the present track. However, the motorcycle track had, at that time been located just east of the Davis property (see attached plot plans for LP2026-89 and LP952020) . Analysis of Appeal Point As mentioned above ,the East County Regional Planning Commission did allow the lighted oval track to remain where presently located. The East County Regional Planning Commission allowed motorcycle powered, chain driven mini sprint vehicles to race on the oval track as long as County Noise Levels were not exceeded (Condition #1 and #16) . The noise element of the County General Plan Land Use Compatibility Guideline (Page 11. 43) allows for noise levels of up to 70 ldn in agricultural areas at a property line. The subject area is designated Agricultural Land on the County General Plan. The movement of the lighted oval track could be accomplished at an unknown cost to the applicant. The movement of the lighted oval track away from Mrs. Davis ' property would lower noise levels caused by use of that track. It needs to be noted that Condition #6A. 3 . requires additional landscaping near the oval track and Condition #16 requires noise study showing improvements that need to be made to keep noise levels within acceptable limits at the property line. The 4 Condition requires the study to be done within 120 days of the effective date of the permit and allows for the noise study to require redesign and/or movement of the lighted oval track to meet noise levels. Required noise limiting measures would have to be accomplished in a timely manner. Alternatives: One alternative is to accept the appeal and require that the lighted oval track be moved east away from the Davis ' property. A time limit to accomplish this move should be added to the Conditions of Approval Another alternative would be to require that use of the oval track be limited to less than 7 days a week (with racing allowed Saturday, Sunday and Friday or Saturday nights) . This would require an amendment of the Conditions to limit use of the site to perhaps 3 to 4 non racing days a week. A berm could be built to the west of the oval track, however for it to be effective, the berm may have to be located partly on the Davis ' s property if the lighted oval track is not located far enough from the Anderson/Davis property line to allow for a tall enough berm, perhaps 8 to 10 feet tall to be built. As a note, the Board should be aware that to date over $8, 000. 00 of staff time has been expended on this application. ADDENDUM TO ITEM DA A Agenda February 4, 1997 This is the time noticed by the Clerk of the Board of Supervisors for the hearing on the appeal by Carol A. Davis and Richard Ritchey (Appellants), from the decision of the East County Regional Planning Commission on the application of Tom Anderson (Applicant and Owner), for approval for a land use permit to allow the continued use of a motorcycle racetrack, with site plan modifications, on a permanent basis. Brentwood/Byron area (County File #LP 2020-95). Dennis Barry, Community Development Department, presented the staff report and recommendations. The Board discussed the matter and the public hearing was opened. The following persons presented testimony: Scott Zimmerman, Esq., Attorney for Anderson and Smith, owners; Carol Davis, Appellant, 3600 Vasco Road, Brentwood; Tom Anderson, Owner, 50 Camino Diablo, Brentwood; Pete McCloskey, Esq., Attorney, 2925 Woodside Road, Woodside; Richard Ritchey, appellant, 3600 Vasco Road, Brentwood; Kim Vogley, 870 Camino Diablo, Brentwood; Thomas Smith, Owner, 4350 St. Charles Place, Concord. All those desiring to speak having been heard, the hearing was closed. The Board discussed the issues, including the conditions under which a revocation hearing could be held for a land use permit. Supervisor Canciamilla moved staffs recommendations 1, 3 and 4, and suggested modifying the Conditions in recommendation No. 2 so that prior to the track's use, but within six months of approval, the applicant shall relocate the oval track to the east central portion of the site, with the final site to be subject to the review and comment of the adjacent property owners, and subject to the review and approval of the Zoning Administrator, Mr. Canciamilla also moved that the term of the land use permit would be for 25 years, and be applicant initiated and funded, and that a 5-year review for compliance by the Zoning Administrator would be conducted in a public hearing with appropriate notice 30 days prior to the hearing. Supervisor Canciamilla further moved that appropriate notice of the hearing would also be given to those who expressed an interest in the project today. Supervisor Rogers seconded the motion. IT IS BY THE BOARD ORDERED that staffs Recommendations 1, 3, and 4 are APPROVED; Recommendation No. 2 is APPROVED as amended (Conditions attached as Exhibit A); and parties expressing an interest in the project today would be given appropriate notice of hearings. 9e 9e * 9c 4c 1 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Tom Anderson APPLICATION NO. LP952020 50 Camino Diablo Brentwood, CA 94513 ASSESSOR'S PARCEL NO. 003-020-020 OWNER: Same as above ZONING DISTRICT: A-3 APPROVED DATE: 2/4/97 EFFECTIVE DATE: 2/4/97 This is to notify you that the Board of Supervisors has granted your request for a final development plan, land use permit and rezoning, subject to the attached conditions. HARVEY E. BRAGDON, Director Community Development Department By: _ `� �t l Dennis Barry, Deputy Director PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. This permit will expire ONE YEAR from the effective date of this permit. CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2020-95 AS APPROVED BY THE BOARD OF SUPERVISORS ON FEBRUARY 4 1997 1. This permit is issued for mechanical (motorcycle) recreation and related activities (motorcycle and go cart racing and practice) subject to the revised site plan submitted dated received October 21, 1996. The only vehicles allowed on this site for commercial recreation use are motorcycles and go-carts. Mini-sprint vehicles are allowed if they are motor cycle powered, chain driven only as long as the noise level standards are not exceeded. This permit will not be exercised until the following conditions of approval are met within the time specified. Furthermore, failure to comply with all of the conditions of approval in a timely manner may lead to the revocation of this permit. Any expansion or change in hours of operation, additional types of racing or other uses will require the approval of a new Land Use Permit. The use is approved for 25 years with the applicant to initiate and fund five (5) year reviews for compliance by the Zoning Administrator in a public hearing with appropriate notice to property owners within 300 feet of site and individuals expressing interest in the project. 2. Prior to its use, but within six (6) months of approval, the applicant shall relocate the oval tract to the east-central portion of the site with the final site locaiton to be subject to the review and comment of the adjacent property owners to the west and to the review and approval of the Zoning Administrator. 3. Contact and comply with the Health Services Department within 90 days of the effective date of this permit, including, but not necessarily limited to, the requirements specified in letters dated April 4, 1995 and December 21,1995 from the Health Services Department, Environmental Health Division. Please note that failure to comply with their requirements within the 90 day time period may result in the revocation of this permit. 4. Within 120 days of the effective date of this permit, the applicant shall provide evidence to the Zoning Administrator that building permits have been obtained for all structures related to motorcycle activities (i.e., the racetrack, restroom facility, concession stand, announcement booths). 5. All activities approved by this permit shall be restricted to the existing track and motorcross area as indicated on the plan submitted with the application except for minor changes subject to Zoning Administrator review and approval. Motorcycle activity is permitted 7 days a week but limited to the hours of 8:00 A.M. and 7:00 P.M. or sundown whichever comes first, except that the lighted racetrack may be used 2 Motorcycle activity is permitted 7 days a week but limited to the hours of 8:00 A.M. and 7:00 P.M. or sundown whichever comes first, except that the lighted racetrack may be used on Friday or Saturday nights from 7:00 P.M. to 11:00 P.M. Motorcycle racing shall be limited to Saturday and Sunday and holidays except that no racing or motorcycle activity shall be allowed on Thanksgiving or Christmas. Motorcycle activity shall be confined to the tracks. 6. Within 45 days of the effective date of this permit, the applicant shall submit a revised site plan drawn to scale for the review and approval of the Zoning Administrator that reflects the following: A. Removal of the "proposed future motorcycle use/sand quarry" label from the site plan. B. A clear delineation of the 8 acres used to park two thousand 9' X 19' parking spaces on a map that is drawn to scale. Clear location of racetrack, buildings-landscaped areas, planned trees, fences, signs, entrance road and parking areas, and a clear statement of how many vehicles are to be parked on site for any event. C. Modified hours of operation to reflect the tenure of this permit. D. A topographic map that delineates the location of the use restriction easement held by the Contra Costa Water District, 7. Within 120 days of the effective date of this permit, complete the following: A. Submit a Final Landscape/Irrigation Plan addressing the following concerns or meeting the following criteria. Landscaping shall be installed within 180 days of the effective date of this permit. 1) Submit a landscape/irrigation plan prepared by a licensed landscape architect, to the Community Development Department for the review and approval of the Zoning Administrator. 2) Landscaping shall conform to the County Water Conservation Ordinance 82- 26 and the licensed landscape architect shall certify that the plans comply with the ordinance improvement standards and reporting requirements. 3) The plan shall provide a minimum 10 foot strip of grass and vegetation (bushes/trees) either around the outer rim of the entire racetrack or the northern half of the track, and a minimum 15 foot strip of grass or vegetation along the entire southern and eastern boundary of Kellogg Creek on the subject property. Refer to staff s delineation of these vegetation areas on the attached Staff Study Map dated January 16, 1996. A row of trees shall be 3 planted and maintained on 20 foot centers between the existing oval track and the Davis' property. Trees shall be drought tolerant species and shall be 5-gallon size. 4) The plan shall address the need for delivering soil, including the type and amount, to the subject property, if applicable. B. Provide Security in the Event of Landscape Failure 1) The landscaping/irrigation plan shall be accompanied by a cost estimate from the landscape architect to include the materials and labor for the proposed landscape improvements. These landscape improvements shall be designed to minimize landscape maintenance costs, and 2) The applicant shall (a) enter into a landscape improvement agreement and (b) either post a cash performance bond or cash deposit with the County. This agreement and security shall ensure the replacement of landscaping/irrigation in the event that the approved landscaping/irrigation fails within 24 months following installation. C. Prior to the exercising of an approved land use permit for a motorcycle racetrack, including issuance of any ministerial permits, the landscape architect shall make an on-site inspection of the landscape/irrigation improvements and submit a written report to the Zoning Administrator that cover the following: 1) Acceptance of Landscape Improvements: a. Certifies the completion of the landscape/irrigation plan including consideration of plant species, size and location; and b. Requests the Zoning Administrator to accept the landscape/irrigation improvements. D. The property owner shall maintain the approved landscaping in good condition at all times. 8. Ambulance service, first aid, and fire fighting equipment shall be provided at all races. 9. Exterior lights for the racetrack shall be deflected so that lights shine onto the applicant's property and not toward adjacent properties. 10. All signs shall be subject to the review and approval of the County Zoning Administrator prior to installation. The existing sign at the site's entrance is acceptable except that the hours of operation shall be clearly shown on the sign. 4 11. The oft-street parking area shall be periodically sprayed with water to prevent the creation of dust. This shall be done on a weekly basis. On those days when there are 25 or more people present at one time on the site to either run or observe recreational vehicles, the applicant will apply water as necessary to avoid fugitive dust impacts on nearby properties. The application of water will include motorcycle and go- cart track area, parking lot and driveways. 12. The application is subject to an initial application fee of$2,700.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 120% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The fees include costs through permit issuance plus 5 working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. 13. The regulations submitted with the application 9341-73 for the operation of the recreation facilities shall be enforced by the applicant and made part of this permit as follows: A. All riders to wear helmets and boots. B. Posted speed limits to be obeyed. C. Smoking allowed only in designated areas or parking lots. D. All vehicles to display current day's admission sticker. E. All persons under the age of 18 to have a signed release from a parent or guardian. F. All vehicles to leave grounds by closing time. G. All trash to be put in receptacles, including all trash and debris around the perimeter of the park resulting from the use. H. All children under the age of 12 to be accompanied by an adult at all time. 1. No open fires. J. No wheel stands, spinning donuts, or racing in parking lots. K. No riding on graded or filled banks around parking lots or main roads. L. Anyone behaving in a manner dangerous to other persons or property will be asked to leave and not come back. 5 M. No riding in or near Kellogg Creek. N. All motorcycles shall have spark arrectors and silencers. 14. The applicant shall allow the Contra Costa Water District access to survey the boundaries of the District's easement on the applicant's property. Moreover, the District may post signs on the property to advise motorcycle operators of the use restrictions that apply to the area within the District's easement under the terms of the easement or this use permit. The location, content and design of the signs shall be subject to the prior review and approval of the Zoning Administrator following opportunity for comment by the applicant. 15. Prior to this permit being exercised, the applicant will make a cash deposit with the County of$250. The County will place these funds in a special account for this project. The County may expend these fiords to cover staff time and material costs in responding to neighborhood complaints and investigation of this operation for non-compliance with this permit and the ordinance code. If at any time, the residual amount in the account falls below $50, then County staff will inform the applicant and request payment of an additional $250, or additional payment on additional expended staff costs not to exceed $2,000. Said payment will be delivered by the applicant to the CommunityDevelopment Department within 30-days of the date of the letter. 16. Musical concerts including dances are prohibited. Any proposal to allow a musical concert shall be considered with a new land use permit application to modify this permit. 17. Within 120 days of the effective date of this permit, the applicant/owner shall submit a noise impact study prepared by a qualified acoustical engineer for the Zoning Administrator's review and approval. The noise study shall measure noise levels created by use of the lighted track (racing and practice uses) along the Davis' property line (Parcel 003-020- 033). The noise study shall include recommended mitigation measures (including possible redesign of the track or movement of the track) to reduce sound levels from the lighted circular track to acceptable levels per County standards outlined in the County General Plan at the above property line. Public Works Department Conditions The following requirements pertaining to drainage, road and utility improvements will require the review and approval of Public Works Department prior to continuance of this use under Permit 2020-95. These Public Works requirements shall be met within 6 months of the effective date of this permit, 18. General Requirements: A. 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 6 therefrom must be specifically listed in this conditional approval statement. Drainage, road and utility requirements are based on the plan submitted February 28, 1995, and shall be subject to the review and approval of Public Works. B. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with the review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this project. 19. Roadway Improvements (Frontage/On-site/Off-site): The applicant shall be permitted an exception from construction of full frontage improvements along the Camino Diablo frontage of this property, at this time, provided that he improves the Camino Diablo entrance to this development to include at least a 6.1 meter (20-foot) wide paved driveway constructed to County private road standards from the edge of pavement to the proposed right of way line. The entrance shall also include paved tapers and flares designed and constructed in accordance with Figure 405.7 from the Caltrans Highway Design Manual from the edge of pavement along Camino Diablo to the right of way line (based on the basic 6.1 meter [20-foot] driveway width). 20. 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. Encroachment Permit B. Obtain an encroachment permit from the Application & Permit Center for construction of driveways, or other improvements within the right of way of Camino Diablo. Restrict Access C. Restrict access along Camino Diablo, with the exception of the proposed access. 21. Road Dedication: Applicant shall convey to the County, by Offer of Dedication, additional right of way on Camino Diablo as required for the planned future width of 33.5 meters (1 10 feet) with at least a 457 meter (1,500-foot) centerline radius. 7 22. Intersection Design/Sight Distance: Provide a sight distance analysis, subject to the review of the Public Works, which analyzes the proposed Camino Diablo entrance to this development. Provide sight distance based on a design speed of 104 kilometers per hour (65 miles per hour) along Camino Diablo. 23. Drainage Improvements: Collect and Convev 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. Discharging concentrated storm water into roadside ditches is prohibited by the Ordinance Code. However, as roadside ditches are characteristic of the area, an exception from this requirement is granted provided the applicant verifies the adequacy of the downstream ditch system or constructs any necessary improvements to make this system adequate. 24. Miscellaneous Drainage Requirements: The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. 25. Utilities/Undergrormding: An exception is permitted from undergrounding utility distribution facilities due to the rural nature of this area. 26. Traffic Control: The applicant shall provide special traffic control personnel at the Camino Diablo access to this property for events involving more than 500 vehicles, unless the Zoning Administrator approves the special event without traffic control. Traffic control may also be required for smaller events if significant traffic complaints substantiate a need. 27. Creek Structure Setbacks: The applicant shall be required to observe the creek structure setback line in accordance with Section 914-14.012, "Structures Setback Lines for Unimproved Earth Channels" for any new structures on this property. 8 28. National Pollutant Discharge Elimination System (in addition to NPDES permit): A. Hazardous wastes, including but not limited to used motor oil, battery acid or antifreeze shall not be discharged onto the ground. B. All hazardous wastes shall be stored in appropriate containers on a covered concrete slab in an area which is not subject to inundation and shall be removed from the facility at least once each 90 days. C The applicant shall pave, cover and contain the various vehicle repair pit areas to prevent contaminants from these areas from reaching the creek. The applicant shall obtain a Hazardous Waste Generator's Permit from the County Health Department to assure adequate maintenance of the vehicle repair pit areas and disposal of the hazardous wastes. D. The applicant shall provide an erosion control plan showing how the quantity of silt entering the creek from this property will be reduced The erosion control plan shall be subject to the review of the Public Works., NOTE: In the vent that the improvements required by the Public Works Department have been constructed, the applicant shall provide Steve Wright of the Public Works Department with evidence that these improvements have been completed. 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. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors. B. The applicant shall be required to comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of Supervisors. C. 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). 9 D. The project lies within 100-year flood boundary as designed on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90- 118) as they pertain to future construction of any structures on this property. E. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. F. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. G. Comply with the requirements of the l=ast Diablo Fire Protection District, including safety requirements for operation of the track. ELZ/aa LPV/2020-95c.ELZ 2/13/96 9/3/96 9/23/96 Z.A. Rev. (v) 12/2/96 - EC (a) 2/4/97 - BS (a) s . o D l� fie. . .... ,. Contra • s Costa TO: BOARD OF SUPERVISORS c 9 County FROM: HARVEY E. BRAGDON c�S7;'COV1� v DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 4 , 1997 SUBJECT: APPEAL OF CAROL DAVIS AND RICHARD Ritchey, COUNTY FILE #LP962046, OF THE EAST COUNTY REGIONAL PLANNING COMMISSION APPROVAL OF A LAND USE PERMIT TO ESTABLISH A 14 ACRE QUARRY. THE SUBJECT SITE IS LOCATED ON 14 ACRES FRONTING 314 FEET ON THE EAST SIDE OF (OLD)VASCO ROAD, APPROXIMATELY 1, 000 FEET SOUTH OF CAMINO DIABLO, ADJACENT TO #50 CAMINO DIABLO, IN THE BRENTWOOD/BYRON AREA. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Staff recommends that the Board of Supervisors find the environmental documentation prepared for this project as adequate. 2 . Deny the appeal of Carol Davis and Richard Ritchey, and uphold the decision of the East County Regional Planning Commission approving the project subject to Conditions. 3 . Adopt the findings contained in Resolution No. 2-1997 as the basis for the Board's action. 4. Direct staff to file a Notice of Determination with the County Clerk for this project reflecting the Board' s action. FISCAL IMPACT None BACKGROUND/REASONS FOR RECOMMENDATIONS The applicant is requesting approval for a land use permit to establish a quarry, along with approval of an associated CONTINUED ON ATTACHMENT: X YES SIGNATURE .� Z• �, _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON February 4. 1997 APPROVED AS RECOMMENDED X OTHER X See attached 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. Contact:DARWIN MYERS 335-1210 Orig: Community Development Department ATTESTED February 4. 1997 cc: County Counsel PHIL BATCHELOR, CLERK OF Public Works-Attn: Mitch Avalon THE BOARD OF SUPERVISORS Bellecci & Associates AND COUNTY2INISTRATOR Tom Anderson & Tom Smith Carol Davis & Richard Ritchey BY , DEPUTY DM/df bo3 : lp962046.bo 2 reclamation plan, for a 14 acre site. The project site is immediately west of an approved quarry (County File #LP942077) , which is under the same ownership. Quarrying of that property commenced in 1990, and it is known as the Sand Hill Ranch Quarry. To date approximately 14 acres of the Sand Hill Ranch Quarry have been brought to the final grade established by the land use permit and reclaimed. Figure 1 is a photograph of the reclaimed lands on that site. The owners, Anderson and Smith, have designated the approved quarry Phase I, and the lands that are the subject of the pending application are designated Phase II. Due to the high quality of the sands in the Phase II area, the owners propose to commence mining of sands on this site upon approval of the land use permit. It should be recognized that the Contra Costa County General Plan: 1995-2010 identifies the lands that are the subject of the pending application as a mineral resource area, and policies are included in the General Plan to protect extraction of mineral resources from such area from potentially incompatible uses. PREVIOUS HEARING County File #LP962046 was initially heard by the Zoning Administrator on November 4, 1996. After taking testimony from the applicant, neighboring property owners and the Contra Costa Water District, the Zoning Administrator closed the hearing and approved the project with modified conditions. On November 9, 1996, the County received an appeal to the Zoning Administrator approval from the neighboring property owner, Ms. Davis and Mr. Ritchey (same address) . The appeal makes a number of assertions, but is fundamentally concerned with the issues that were considered by the Zoning Administrator. No supportive information accompanied the appeal. On December 2, 1996, the East County Regional Planning Commission served as the Board of Appeals for County File #LP962046. After receiving testimony on the project, the hearing was closed by the East County Regional Planning commission, and the project was approved with modified conditions. Specifically, the appellants raised a question about the potential archaeologic sensitivity of the site, and because of the concern, the Planning Commission added Conditions of Approval #22 and #23 (attached) . As a point of information, the Initial Study for LP962046 determined there was no potential for a significant impact to cultural resources. The Initial Study references the environmental impact report prepared for the Contra Costa Water District's Los Vaqueros Reservoir (SC#89032123) . The archaeologic study performed for that EIR included the site of the proposed quarry. No archaeologic resources were identified on the quarry site. Moreover, there is a memorandum in the county file (dated June 4 , 1996) from the Northwest Information Center-Sonoma State University. The memorandum indicates that the site was previously analyzed by archaeologists, and that further study is not recommended. The state clearinghouse identifies the previous archaeologic studies as their file #12800 & 13256. APPEAL OF PLANNING COMMISSION APPROVAL On December 11, 1996, the County received an appeal to the decision of the East County Regional Planning Commission. The appeal letter is from the neighboring property owner, Ms. Davis and Mr. Ritchey (same address) . The concerns identified in the appeal letter were noise, dust, land use, physical and mental health, property value and traffic safety. These are issues that were considered by the East County Regional Planning Commission. No supportive information accompanied the appeal. 3 ANALYSIS OF APPEAL POINTS 1. Noise The Initial Study indicated the site of LP962046 is in a rural area where quarry operations and an off-road motorcycle park are adjacent uses. The residence on the Davis property is 500 feet north of the proposed quarry operations. The applicant has indicated a willingness to mitigate noise by establishing the plant adjacent to the CCWD easement so that noise would be screened by topography. With regard to the Noise Element, the Land Use Compatibility Guidelines in the Noise Element (pg. 11-43) indicate that noise levels of up to 70 Ldn are "normally acceptable" in agricultural areas. Finally, the conditions of approval limit hours of operation and preclude work on Saturday, Sunday and holidays (COA #9) ; blasting is prohibited (CoA #10) ; and a revised reclamation plan is required which (among other things) demonstrates how topography will be used to screen the Davis property from noise associated with quarry operations (CoA #12) . 2 . Dust The Initial Study indicates that the equipment required to quarry would include loaders, dozers, scrapers, electric hopper, conveyor belt, crusher and dump trucks. The proposed plant location is screened by topography which will shelter the site from wind (COA #12) . The Conditions of Approval will limit the size of the disturbed area at any one time to a maximum of five acres (COA #5) . The operation is required to conform to the regulations of the Bay Area Air Quality Management District (BAAQMD) and the County Health Services Department. Moreover, the applicant is required to revegetate disturbed areas as part of the Reclamation Plan (COA #20) ; to dust proof roads so as to avoid dust impacts on surrounding properties (COA #20.B. ) ; and to provide shakedown berms or bumps to shake loose sand from trucks before they reach the public road (COA #20.C. ) . 3 . Land Use The Conservation Element of the General Plan includes a Figure 8-4 , which identifies Mineral Resource Areas in Contra Costa County. Only three areas are identified in the entire County. The only mineral resource area in the East County area is the outcrop belt of the Domengine Sandstone. The proposed quarry is within this • outcrop belt. The General Plan contains three goals aimed at ensuring the continued viability of quarry operations; to protect mineral resource areas from incompatible use; and to buffer the impact of surface mining activities from adjacent land uses. In summary, the project is proposed in an area where extraction of mineral resources is encouraged. Nevertheless, quarry operators are challenged to minimize and buffer the impact of their operations on the nearby properties. The appeal letter questioned the compatibility of the proposed quarry with the proposed Cowell Ranch Development, and with open space uses on the lands of the Contra Costa Water District. In this regard, two points should be made: • The permit for the proposed Sand Hill Ranch Quarry-Phase 2 is scheduled to expire on December 31, 2001 unless otherwise extended by amendment to this permit (COA #2) . If the Cowell Ranch development is approved, it is unlikely to commence construction prior to expiration of the quarry permit. Moreover, the first phase of construction is likely to be the business park and adjacent residential areas, which are more than 0. 5 miles to the northwest. 4 • The Cowell Ranch project is a proposal that is being considered by the County. It has not been approved by policy or development permit to date. • The development use of the Cowell Ranch would not make the proposed quarry use obsolete. Within officially designated mineral resource areas, General Plan policies specify that the extraction of mineral resources must be protected from potentially incompatible land uses. 4 . Physical and Mental Health The residence on the Davis property is adjacent to a quarry that was approved in 1989, and a motorcycle park that was approved 20 years ago. There is no evidence that these existing operations have created a health hazard, and the assertion that a health hazard exists is no evidence of a problem. A well operated quarry that is properly conditioned should not pose a significant health hazard. It should be recognized that the Conditions of Approval of LP962046 limit the area disturbed by quarry operations to a maximum of five acres. The Conditions of Approval of the Sand Hill Ranch Quarry - Phase I (LP942077) also limits the disturbed area to 5 acres. Thus although the lands permitted for quarry operations would be 34 acres (LP962046 - 14 acres; LP942077 - 20 acres) , the maximum amount of disturbed acreage at any one time would be 10 acres. This corresponds to an area of 660 ' X 6601 , which is a relatively small quarry operation. 5. Property Value The Davis property is located in a mineral resource area, where quarrying operations date back to the early 1950 ' s. Currently Unimin is quarrying on the north side of Camino Diablo and Smith & Anderson have had a quarry on their property since 1990. Additionally, there has been a motorcycle racetrack on the lands of Smith & Anderson for 20 years. These historic land uses have a bearing on property values. Unimin' s Kellogg-Eason quarry is approximately 80 acres, and the previously approved quarry of Smith & Anderson (Sand Hill Ranch Quarry) is 20 acres. The currently proposed 14 acre property represents a relatively minor change in land use in the vicinity of the site. It should also be recognized that a well operated, properly conditioned quarry can have a much less effect on adjacent properties than a poorly managed operation. In the case of Sand Hill Ranch, Smith & Anderson have demonstrated an ability to extract mineral resources and reclaim quarried lands: Figure 1 is a photograph of reclaimed lands on the Sand Hill Ranch Quarry property (LP942077) , located just east of the Davis property. on this site approximately 10 acres have been reclaimed. Additionally, they have reclaimed approximately 7 acres of disturbed land on the adjacent Stoner property. 6. Traffic Safety The Public Works Department has reviewed the application for the proposed quarry and has developed five recommended Conditions of Approval, which were incorporated into the list of Conditions approved by the East County Regional Planning Commission (COA' s #24 through #28) . The concerns of Ms. Davis and Mr. Ritchey are addressed by Condition of Approval #26. BOARD OF SUPERVISORS ALTERNATIVE TO EAST COUNTY REGIONAL PLANNING COMMISSION RECOMMENDATION There are few options that exist. One option would be to accept the appeal and deny LP962046. Another alternative would be to deny 5 the appeal in part, and approve a scaled down version of the proposed sand quarry that would more closely respond to the concerns of Ms. Davis and Mr. Ritchey. Currently, the project proponents are requesting approval of a quarry that would yield an estimated 434, 000 cubic yards of earth. The project could be reduced to, for example, 300, 000 cubic yards (maximum) . In this scenario, the quarry operations would be restricted from the portion of Smith & Anderson property immediately adjacent to the Davis property. A permanent sand ridge/earth berm would serve as a buffer. A disadvantage of this alternative is that more than 100, 000 cubic yards of mineral resource (quartose sandstone) would not be available for utilization. ADDENDUM TO ITEM DA B Agenda February 4, 1997 This is the time noticed by the Clerk of the Board of Supervisors for the hearing on the Appeal by Carol A. Davis and Richard Ritchey (Appellants), from the decision of the East County Regional Planning Commission on the application of Bellecci & Associates, (Applicants), and Tom Anderson and Tom Smith, (Owners) for approval for a land use permit to establish a quarry and for approval of an associated reclamation plan. The proposed project involves the removal of up to 474,000 cubic yards of earth, Brentwood/Byron area. (County File #LP 96-2046). Dennis Barry, Community Development Department, presented the staff report and recommendations. Mitch Avalon, Public Works Department, also presented a staff report and advised the Board that on Page 4 of the Conditions of Approval, Condition No. 26 has two paragraphs, and that the second paragraph which begins "Widening shall...", should be deleted. Mr. Avalon advised that it was taken out of context from another portion of the Conditions. The public hearing was opened and the following persons spoke: Frank Belleci, Applicant, Belleci & Associates; Pete McCloskey, Esq., Attorney, 2925 Woodside Road, Woodside; Scott Zimmerman, Esq., Attorney, 812 First Street, Brentwood; Carol Davis, Appellant, 3600 Vasco Road, Brentwood; Richard Ritchey, Appellant, 3600 Vasco Road, Brentwood; Kim Vogley, 870 Camino Diablo, Brentwood; Thomas Smith, 4350 St. Charles Place, Concord. All persons desiring to speak having been heard, the hearing was closed, and the Board discussed the issues. Supervisor Canciamilla moved staffs recommendations 1, 3, and 4, and suggested modifying the Conditions in recommendation No. 2 to read: In Item No. 12, include in the 5 year work plan, a scheduled phasing in of the work plan and the quarry plan so the area being quarried can be identified, and the damage mitigated as they move closer to the property line; And in Item No. 22 C, a dust control plan be submitted within 30 days if it is going to include water, and the applicant shall pave the driveway from the edge of the road to the right-of-way line (a minimum of 10 feet), and keep the driveway and Old Vasco Road pavement clean on a daily basis. Supervisor Rogers seconded the motion. IT IS BY THE BOARD ORDERED that staffs Recommendations 1, 3, and 4 are APPROVED; and Recommendation No. 2 is APPROVED as amended (Conditions attached as Exhibit A). 1 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Tom Anderson APPLICATION NO. LP952020 50 Camino Diablo Brentwood, CA 94513 ASSESSOR'S PARCEL NO. 003-020-020 OWNER: Same as above ZONING DISTRICT: A-3 APPROVED DATE: 2/4/97 EFFECTIVE DATE: 2/4/97 This is to notify you that the Board of Supervisors has granted your request for a final development plan, land use permit and rezoning, subject to the attached conditions. HARVEY E. BRAGDON, Director Community Development Department By: b� S 1 t• �d Dennis Barry, Deputy Director PLEASE NOTE THE EFFECTIVE DATE, and be aware of the renewing requirements as no further notification will be sent by this office. The Clerk of the Board will provide you a copy of the Board Order with approved Conditions of Approval. This permit will expire ONE YEAR from the effective date of this permit. CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2020-95 AS APPROVED BY THE BOARD OF SUPERVISORS ON FEBRUARY 4, 199 1. This permit is issued for mechanical (motorcycle) recreation and related activities (motorcycle and go cart racing and practice) subject to the revised site plan submitted dated received October 21, 1996. The only vehicles allowed on this site for commercial recreation use are motorcycles and go-carts. Mini-sprint vehicles are allowed if they are motor cycle powered, chain driven only as long as the noise level standards are not exceeded. This permit will not be exercised until the following conditions of approval are met within the time specified. Furthermore, failure to comply with all of the conditions of approval in a timely manner may lead to the revocation of this permit. Any expansion or change in hours of operation, additional types of racing or other uses will require the approval of a new Land Use Permit. The use is approved for 25 years with the applicant to initiate and fund five (5) year reviews for compliance by the Zoning Administrator in a public hearing with appropriate notice to property owners within 300 feet of site and individuals expressing interest in the project. 2. Prior to its use, but within six (6) months of approval, the applicant shall relocate the oval tract to the east-central portion of the site with the final site locaiton to be subject to the review and comment of the adjacent property owners to the west and to the review and approval of the Zoning Administrator. 3. Contact and comply with the Health Services Department within 90 days of the effective date of this permit, including, but not necessarily limited to, the requirements specified in letters dated April 4, 1995 and December 2I,1995 from the Health Services Department, Environmental Health Division. Please note that failure to comply with their requirements within the 90 day time period may result in the revocation of this permit. 4. Within 120 days of the effective date of this permit, the applicant shall provide evidence to the Zoning Administrator that building permits have been obtained for all structures related to motorcycle activities (i.e., the racetrack, restroom facility, concession stand, announcement booths). 5. All activities approved by this permit shall be restricted to the existing track and motorcross area as indicated on the plan submitted with the application except for minor changes subject to Zoning Administrator review and approval. Motorcycle activity is permitted 7 days a week but limited to the hours of 8:00 A.M. and 7:00 P.M. or sundown whichever comes first, except that the lighted racetrack may be used 2 Motorcycle activity is permitted 7 days a week but limited to the hours of 8:00 A.M. and 7:00 P.M. or sundown whichever comes first, except that the lighted racetrack may be used on Friday or Saturday nights from 7:00 P.M. to 11:00 P.M. Motorcycle racing shall be limited to Saturday and Sunday and holidays except that no racing or motorcycle activity shall be allowed on Thanksgiving or Christmas. Motorcycle activity shall be confined to the tracks. 6. Within 45 days of the effective date of this permit, the applicant shall submit a revised site plan drawn to scale for the review and approval of the Zoning Administrator that reflects the following: A. Removal of the "proposed future motorcycle use/sand quarry" label from the site plan. B. A clear delineation of the 8 acres used to park two thousand 9' X 19' parking spaces on a map that is drawn to scale Clear location of racetrack, buildings-landscaped areas, planned trees, fences, signs, entrance road and parking areas, and a clear statement of how many vehicles are to be parked on site for any event. C. Modified hours of operation to reflect the tenure of this permit D. A topographic map that delineates the location of the use restriction easement held by the Contra Costa Water District. 7. Within 120 days of the effective date of this permit, complete the following: A. Submit a Final Landscape/Irrigation Plan addressing the following concerns or meeting the following criteria. Landscaping shall be installed within 180 days of the effective date of this permit. 1) Submit a landscape/irrigation plan prepared by a licensed landscape architect, to the Community Development Department for the review and approval of the Zoning Administrator. 2) Landscaping shall conform to the County Water Conservation Ordinance 82- 26 and the licensed landscape architect shall certify that the plans comply with the ordinance improvement standards and reporting requirements. 3) The plan shall provide a minimum 10 foot strip of grass and vegetation (bushes/trees) either around the outer rim of the entire racetrack or the northern half of the track, and a minimum 15 foot strip of grass or vegetation along the entire southern and eastern boundary of Kellogg Creek on the subject property. Refer to staff's delineation of these vegetation areas on the attached Staff Study Map dated January 16, 1996. A row of trees shall be 3 planted and maintained on 20 foot centers between the existing oval track and the Davis' property. Trees shall be drought tolerant species and shall be 5-gallon size. 4) The plan shall address the need for delivering soil, including the type and amount, to the subject property, if applicable. B. Provide Security in the Event of Landscape Failure 1) The landscaping/irrigation plan shall be accompanied by a cost estimate from the landscape architect to include the materials and labor for the proposed landscape improvements. These landscape improvements shall be designed to minimize landscape maintenance costs, and 2) The applicant shall (a) enter into a landscape improvement agreement and (b) either post a cash performance bond or cash deposit with the County. This agreement and security shall ensure the replacement of landscaping/irrigation in the event that the approved landscaping/irrigation fails within 24 months following installation. C. Prior to the exercising of an approved land use permit for a motorcycle racetrack, including issuance of any ministerial permits, the landscape architect shall make an on-site inspection of the landscape/irrigation improvements and submit a written report to the Zoning Administrator that cover the following: 1) Acceptance of Landscape Improvements: a. Certifies the completion of the landscape/irrigation plan including consideration of plant species, size and location; and b. Requests the Zoning Administrator to accept the landscape/irrigation improvements. D. The property owner shall maintain the approved landscaping in good condition at all times. & Ambulance service, first aid, and fire fighting equipment shall be provided at all races. 9. Exterior lights for the racetrack shall be deflected so that lights shine onto the applicant's property and not toward adjacent properties. 10. All signs shall be subject to the review and approval of the County Zoning Administrator prior to installation. The existing sign at the site's entrance is acceptable except that the hours of operation shall be clearly shown on the sign. 4 11. The off-street parking area shall be periodically sprayed with water to prevent the creation of dust. This shall be done on a weekly basis. On those days when there are 25 or more people present at one time on the site to either run or observe recreational vehicles, the applicant will apply water as necessary to avoid fugitive dust impacts on nearby properties. The application of water will include motorcycle and go- cart track area, parking lot and driveways. 12. The application is subject to an initial application fee of$2,700.00 which was paid with the application submittal, plus time and material costs if the application review expenses exceed 120% of the initial fee. Any additional fee due must be paid within 60 days of the permit effective date or prior to use of the permit, whichever occurs first. The fees include costs through permit issuance plus 5 working days for file preparation. You may obtain current costs by contacting the project planner. If you owe additional fees, a bill will be sent to you shortly after permit issuance. 13. The regulations submitted with the application 4341-73 for the operation of the recreation facilities shall be enforced by the applicant and made part of this permit as follows: A. All riders to wear helmets and boots. & Posted speed limits to be obeyed. C. Smoking allowed only in designated areas or parking lots. D. All vehicles to display current day's admission sticker. E. All persons under the age of 18 to have a signed release from a parent or guardian. F. All vehicles to leave grounds by closing time. G. All trash to be put in receptacles, including all trash and debris around the perimeter of the park resulting from the use. H. All children under the age of 12 to be accompanied by an adult at all time. I. No open fires. I. No wheel stands, spinning donuts, or racing in parking lots. K. No riding on graded or filled banks around parking lots or main roads. L. Anyone behaving in a manner dangerous to other persons or property will be asked to leave and not come back. s M. No riding in or near Kellogg Creek. N. All motorcycles shall have spark arrectors and silencers. 14. The applicant shall allow the Contra Costa Water District access to survey the boundaries of the District's easement on the applicant's property. Moreover, the District may post signs on the property to advise motorcycle operators of the use restrictions that apply to the area within the District's easement under the terms of the easement or this use permit. The location, content and design of the signs shall be subject to the prior review and approval of the Zoning Administrator following opportunity for comment by the applicant. 15. Prior to this permit being exercised, the applicant will make a cash deposit with the County of$250. The County will place these funds in a special account for this project. The County may expend these funds to cover staff time and material costs in responding to neighborhood complaints and investigation of this operation for non-compliance with this permit and the ordinance code. If at any time, the residual amount in the account falls below$50, then County staff will inform the applicant and request payment of an additional $250, or additional payment on additional expended staff costs not to exceed $2,000. Said payment will be delivered by the applicant to the CommunityDevelopment Department within 30-days of the date of the letter. 16. Musical concerts including dances are prohibited. Any proposal to allow a musical concert shall be considered with a new land use permit application to modify this permit. 17. Within 120 days of the effective date of this permit, the applicant/owner shall submit a noise impact study prepared by a qualified acoustical engineer for the Zoning Administrator's review and approval. The noise study shall measure noise levels created by use of the lighted track (racing and practice uses) along the Davis' property line (Parcel 9003-020- 033). The noise study shall include recommended mitigation measures (including possible redesign of the track or movement of the track) to reduce sound levels from the lighted circular track to acceptable levels per County standards outlined in the County General Plan at the above property line. Public Works Department Conditions The following requirements pertaining to drainage, road and utility improvements will require the review and approval of Public Works Department prior to continuance of this use under Permit 2020-95. These Public Works requirements shall be met within 6 months of the effective date of this permit. 18. General Requirements: A. 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 6 therefrom must be specifically listed in this conditional approval statement. Drainage, road and utility requirements are based on the plan submitted February 28, 1995, and shall be subject to the review and approval of Public Works. B. Improvement plans prepared by a registered civil engineer shall be submitted to the Public Works Department, Engineering Services Division, along with the review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this project. 19. Roadway Improvements (Frontage/On-site/Off-site): The applicant shall be permitted an exception from construction of full frontage improvements along the Camino Diablo frontage of this property, at this time, provided that he improves the Camino Diablo entrance to this development to include at least a 6.1 meter (20-foot) wide paved driveway constructed to County private road standards from the edge of pavement to the proposed right of way line. The entrance shall also include paved tapers and flares designed and constructed in accordance with Figure 405.7 from the Caltrans Highway Design Manual from the edge of pavement along Camino Diablo to the right of way line (based on the basic 6.1 meter [20-foot] driveway width). 20. 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 oft-site, temporary or permanent, road or drainage improvements. Encroachment Permit B. Obtain an encroachment permit from the Application & Permit Center for construction of driveways, or other improvements within the right of way of Camino Diablo. Restrict Access C. Restrict access along Camino Diablo, with the exception of the proposed access. 21. Road Dedication: Applicant shall convey to the County, by Offer of Dedication, additional right of way on Camino Diablo as required for the planned future width of 33.5 meters (110 feet) with at least a 457 meter (1,500-foot) centerline radius. 22. Intersection Design/Sight Distance: Provide a sight distance analysis, subject to the review of the Public Works, which analyzes the proposed Camino Diablo entrance to this development. Provide sight distance based on a design speed of 104 kilometers per hour (65 miles per hour) along Camino Diablo. 23. 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. Discharging concentrated storm water into roadside ditches is prohibited by the Ordinance Code. However, as roadside ditches are characteristic of the area, an exception from this requirement is granted provided the applicant verifies the adequacy of the downstream ditch system or constructs any necessary improvements to make this system adequate. 24. Miscellaneous Drainage Requirements: The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. 25. Utilities/Undergrounding: An exception is permitted from undergrounding utility distribution facilities due to the rural nature of this area. 26. Traffic Control: The applicant shall provide special traffic control personnel at the Camino Diablo access to this property for events involving more than 500 vehicles, unless the Zoning Administrator approves the special event without traffic control. Traffic control may also be required for smaller events if significant traffic complaints substantiate a need. 2T Creek Structure Setbacks: The applicant shall be required to observe the creek structure setback line in accordance with Section 914-14.012, "Structures Setback Lines for Unimproved Earth Channels" for any new structures on this property. 8 28, National Pollutant Discharge Elimination System (in addition to NPDES permit): A. Hazardous wastes, including but not limited to used motor oil, battery acid or antifreeze shall not be discharged onto the ground. B. All hazardous wastes shall be stored in appropriate containers on a covered concrete slab in an area which is not subject to inundation and shall be removed from the facility at least once each 90 days. C. The applicant shall pave, cover and contain the various vehicle repair pit areas to prevent contaminants from these areas from reaching the creek. The applicant shall obtain a Hazardous Waste Generator's Permit from the County Health Department to assure adequate maintenance of the vehicle repair pit areas and disposal of the hazardous wastes. D. The applicant shall provide an erosion control plan showing how the quantity of silt entering the creek from this property will be reduced. The erosion control plan shall be subject to the review of the Public Works., NOTE: In the vent that the improvements required by the Public Works Department have been constructed, the applicant shall provide Steve Wright of the Public Works Department with evidence that these improvements have been completed. 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. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Eastern Contra Costa Subregional Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors. B. The applicant shall be required to comply with the drainage fee requirements for Drainage Area 109 as adopted by the Board of Supervisors. C. 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). D1 9 D. The project lies within 100-year flood boundary as designed on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 90- 118) as they pertain to future construction of any structures on this property. E. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Youmville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. F. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Corps of Engineers to determine if a permit is required, and if it can be obtained. G. Comply with the requirements of the East Diablo Fire Protection District, including safety requirements for operation of the track. ELZ/aa LPV/2020-95c.ELZ 2/13/96 9/3/96 9/23/96 Z.A. Rev (v) 12/2/96 - EC (a) 2/4/97 - B5 (a) D, J/ &HS-0 TO: BOARD OF SUPERVISORS �_se., Gtontra FROM: ��.. Costa FAMILY AND HUMAN SERVICES COMMITTEE ~` s County DATE: r ':i"CGup_ c January 27, 1997 SUBJECT: FUNDING FOR PROGRAMS FOR THE HOMELESS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. AUTHORIZE the Health Services Director to submit applications for funding for programs for the homeless to appropriate Federal and State agencies as well as private foundations and allocate those funds to the current fiscal year's budget deficit or to the 1997-98 budget, as appropriate. 2. DIRECT the County Administrator to allocate all available funds from the "House the Homeless for the Holidays" campaigns to assist in balancing the budget for homeless programs for the current fiscal year. 3. DIRECT the County Administrator and Health Services Director to request the cities to contribute to programs for the homeless in recognition of the fact that the vast majority of the homeless are residents of cities and that the homeless pose a potential public service problem for the cities if not adequately addressed in a social or health services model. 4. AUTHORIZE the County Administrator to allocate any remaining unfunded balance in the budget for the homeless programs for the 1996-97 fiscal year to the Social Service Department and Health Services Department budgets. CONTINUED ON ATTACHMENT: —YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD MMITTEE _APPROVE _O'THER SIGNATURE(S). ACTION OF BOARD ON February 4, 1997 APPROVED AS RECOMMENDED `` OTHER APPROVED the recommendations set forth above; REQUESTED the Social Service Director to review revenue savings and revenue potential for additional programs in the areas of substance abuse and job counseling/training and REFERRED this matter to the Family and Human Services Committee and the Finance Committee; also REFERRED to the Finance Committee and the Family and Human Services Committee a proposal for a fulltime grant writer in the County Administrator's Office. VOTE OF SUPERVISORS X I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED February 4 , 1997 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director Public Health Director BY � '-� '��-!� ,DEPUTY Social Service Director Finance Committee DS F&HS-01 5. AUTHORIZE the Health Services Director to apply for a grant from Contra Costa Television (CCTV) to produce a program which will demonstrate the plight of the homeless in Contra Costa County and solicit the support of the public to assist in meeting the needs of the homeless. 6. DIRECT the Health Services Director to prepare a letter from the Board of Supervisors for the signature of the Chair to the cities in the County, requesting their assistance in funding programs for the homeless. 7. DIRECT the Health Services Director to report on the status of programs for the homeless to the City/County Relations Committee and Public Managers Association, soliciting their support for strategic approaches which will address the problems of the homeless in a constructive and humane manner. 8. DIRECT the Health Services Director to report to the Family and Human Services Committee again on the status of the programs for the homeless and the Continuum of Care Plan for the homeless in April, 1997. BACKGROUND: On December 3, 1996, the Board of Supervisors approved a report from the Family and Human Services Committee which included the following recommendations, among others: 2. DIRECT the County Administrator to outline several options for how the Board could provide an additional $400,000 to the Health Services Department for the homeless programs to prevent further program reductions during the balance of the 1996-97 fiscal year and return his recommendations to the 1997 Family and Human Services Committee by mid-January and for this purpose REFER oversight of the homeless programs to the 1997 Family and Human Services Committee. 3. DECLINE to approve the proposed program reductions outlined in Dr. Brunner's November 21, 1996 report to our Committee, pending receiving and having an opportunity to review the options outlined by the County Administrator. On January 27, 1997, our Committee met with staff from the County Administrator's Office, the Health Services Department, members of the Homeless Advisory Committee, Shelter, Inc., the Social Service Department, and concerned community organizations. We received the attached reports from the County Administrators Office and the Health Services Department. The County Administrator reviewed the fiscal situation facing the programs for the homeless and the efforts which have been made and are being made to balance the budget. Dr. Wendel Brunner reported that the Homeless Management Team had been reconstituted as directed by the Board of Supervisors, that representatives from the city managers and police chiefs have been added to the Homeless Management Team and that the RFP for the management and operation of the homeless shelters has been issued. Supervisor DeSaulnier noted that there are savings for the cities in terms of reduced public safety costs and that the cities need to be reminded of these savings. He also noted that there are savings to the General Assistance Program in keeping the shelters open. 2 J�6 F&HS-07 Kathy Renfrow from the Homeless Advisory Committee suggested trying to get a feature article on the problems of the homeless, rather than simply an ad asking for more money. Duane Chapman noted the need to reeducate the public to the needs of the homeless. Following additional discussion of the needs of the homeless programs in the County, our Committee formulated the above recommendations for action by the Board of Supervisors and are recommending their approval. 3 OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez DATE: January 24, 1997 TO: FAMILY & HUMAN SERVICES COMMITTEE Supervisor Mark DeSaulnier Supervisor Donna GI r er FROM: Claude L. Van Mart rssistant County Administrator SUBJECT: BACKGROUND ON THE FINANCIAL PROBLEMS FACING THE HOMELESS PROGRAMS On January 22, 1997, the County Administrator convened the Homeless Management Team to discuss, among other topics, the current fiscal problems facing the homeless programs and the direction from the Board of Supervisors to identify options for providing up to an additional $400,000 in funding for the current fiscal year. Among the offices represented were the Health Services Department (Public Health Division, Mental Health Division, and Community Substance Abuse Division), Sheriff's Office, Growth Management & Economic Development Agency, General Services Department, Social Service Department, Private Industry Council, Veterans Services Department, Housing Authority and Pleasant Hill Police Department. Dr. Brunner outlined why the homeless programs were facing a current year deficit. He noted that about five years ago the County had accepted a $5 million Federal grant from HUD which provided funding for transitional housing programs for a five year period. Initially the funding was 75% Federal and 25% County. Later in the grant the funding moved to 50% Federal and 50% County. In addition, the County committed to maintaining the transitional housing programs for an additional five years after the Federal grant runs out - a total of 10 years. We are currently in the fifth year. A total of about $259,000 from the Federal grant remains available for the current fiscal year. The transitional housing programs in this County which are covered by the Federal grant are the San Joaquin House and Mt. View House. The emergency shelters are not covered by the Federal grant. The fiscal problems occurred in part because the Federal money was used up faster than was intended. More money was committed in the early years of the grant, leaving relatively less for the later years of the grant. The current deficit is actually $300,000 in terms of current spending levels. An additional $100,000 would be required to fund the homeless coordinator position which has been strongly recommended by the Homeless Advisory Committee. They have suggested that this position be located in the County Administrator's Office. The Health Services Department's position has been that this position should not be funded until the existing programs are put on a secure financial footing. Dr. Brunner estimates that absent any additional funding an additional $300,000 will be required next fiscal year as well. In order to offset the current deficit, the emergency shelters in Richmond and Concord would have to be completely closed between April 1, 1997 and June 30, 1997. The current homeless programs' budget is about $1.9 million. About $800,000 of this is County General Fund money. The balance is made up of the remaining Federal transitional housing grant, other HUD grants, CDBG funds, and donations from the cities. There is also apparently about $50,000 available from private donations through the "House the Homeless for the Holidays" solicitations for the past two years. The Social Service Director, John Cullen, noted that closing the shelters was a very real problem for his department because they need the shelter beds available as an alternative for the homeless who apply for General Assistance. In the absence of an available shelter bed, the Social Service Department would have to provide cash funding for housing to homeless General Assistance recipients at 100% County cost. Several suggestions were made to cut costs such as making better use of the resources of the Veterans Service Department to assist homeless veterans and training welfare recipients to operate the emergency shelters. The conclusion of the discussion was that the County Administrator would recommend to the Family and Human Services Committee that the "House the Homeless for the Holidays" money be applied to the existing deficit, that a strong effort be made to solicit additional funds from the cities and that any remaining deficit be split between the Health Services Department and the Social Services Department, to be covered in whatever way the departments are able to. cc: William B. Walker, M.D., Health Services Director John Cullen, Social Service Director Wendel Brunner, M.D., Public Health Director Sara Hoffman, Senior Deputy County Administrator 2 61/23/1997 19:00 510-2729713 PAT PINKSTON PAS 02 DATE: January 23, 1997 Mat TO: Claude Ven Marten, County Administrator's Office FROM: Pat Pinkston, Homeless Program Development Director SUBJECT: Fundraising/development plan for 1997/98 We have been discussing and developing several strategies to increase the base of support for homeless programs in Contra Costa County. This includes ftmding partnership and support from local cities, businesses,community and service groups,the faith community and individuals. It also involves increased support from other County departments and an analysis of the service costs of the homeless population when they are not served through the homeless program(i,e. police,of, hospital,etc.). We will be developing educational materials to illustrate that homelessness is a countywide problem,acknowledges local efforts,and illustrates the benefits of supporting local programs(social,economic,etc.) We have discussed possible ways to leverage funds from the cities(per capita, flat rate,`/o homeless sheltered)but would need Board action to implement those measures. We are also working to increase volunteer donations and community support and participation. In addition,we have reviewed the structure, operation and program philosophy of the emergency shelter program and have just issued the new RFP far shelter operation for FY97/98. Applications are due at the end of February with selection completed by April. We are committed to professionalizing the program and upgrading staffing in case management and housing counseling. We are involved in an aggressive fund raising campaign for FY97198 to fund program operation as well as the additional winter relief beds. We have secured CDBO/HDAF funding for the shortfall needed for Phase I of the rehabilitation of the Central County Shaker,contingent on continued Board support for shelter program operation. We will be able to start construction as soon as these funds can be approved and released(March 1997). 1 have prepared several applications far funding Phase H of the rehabilitation and have other applications going out over the next few months. I would like to identify all finding needed for Phase 11 so that we can complete construction during the summer/fall. This shaker has a great deal of community support and we will be working to build even more support for it through naming opportunities for local corporations and foundations, "adoption"of shelter beds, possible endowments,increasing corporate and local business support,and by completing the training kitchen so we can launch the training program,provide a kitchen for church and community groups to prepare meals for both emergency shelters,and develop a micro-enterprise business with the training ldwim to help offset the operating costs of the shelter. We have 2 economic development proposals out now and I will be preparing more throughout the winter and spring. We are also in the process of selecting a VISTA member to assist with Community Resource Development under my supervision. This new position will enhance our fundraising and educational outreach at no cost to the County and will begin.in March. The Regional Homelessness Volunteer Corps/VISTA Project is part of the Bay Area Regional Homelessness Initiative and will receive technical assistance and support from HomeBase staff as well. 07/23/1997 19:00 510-2729713 PAT PINKSTON PAGE 03 !� / 1 have been preparing grant proposals for the emergency shelter program, the transitional housing program, and the rehabilitation of the Central County Shelter. We apply for all homeless related funding, to County and City CDBG(Community Development Block Grant)and Community Service funds, and to area foundations when appropriate. (See attached list.) Here are some of the fundraising strategies for the homeless program CD8G funding; I am applying/or have applied to every entitlement city(Concord, Walnut Creek, Antioch, Pittsburg, and Richmond)for operating funds for the emergcocy shelter program. In the past, only Concord has funded operations with$25,000 int 1944/5,$15,000 for 1995/6 and 0 for 199617. 1 have also applied or will apply to each city in central and east county for additional funding for Phase 1I of the rehabilitation. Every city but Pittsburg has contributed to shelter acquisition and rehabilitation. Foundation funding: I will be applying to local comtmmity foundations such as the East Bay Community Foundation, San Francisco Foundation,Koret, and others for program funding in whatever form meets their funding criteria and areas of interest. Most do not fund capital projects or ongoing operations, which makes thin task especially challenging and creative... I will also be preparing proposals for the Lesher Foundation,Pacific Bell Foundation,Roberts Foundation,and making inquiries into Contra Costa based corporations such as Chevron, Shell, Tosco,Kaiser,and others, (I also will check on Alameda based companies such as Clorox and Safeway.) Any leads or connections would be appreciated. Community outreach and support: Community outreach to local Chambers of Commerce, service clubs(Rotary, Soroptimists,Jr. League, etc), congregations, Realtors, etc. will be increased with the assistance of the VISTA member. Other: Other Communities around the country fund their homeless programs through taxes(restaursto or hotel),homeless trust funds,organized corporate giving,United Way designations,etc. We need to explore all these options and more. Hope this is helpful. Please page me(466.0510) if you have flrither questions as I will be out of the office at a nw ttrg most of the day on Friday. • 01/23/1997 19:00 E10-2729713 PAT PINKSTON PAGE 04 1996/97 HOMELESS PROGRAM GRANTS PROPOSALS: Operations Rehah: CCS Ec.Dev. County CDBG 96197 $100,000. FESG 96 $94,000.($]04,000) FEMA XV $50,0(10.($75,000) EHAP IV ($15,000.) County CDBG/HDAF 96 $266,082 County CDBG 97/98 ($200,000.) ($125,000) ($30,000.) Concord CDBG 97/98 ($75,000.) ($125,000.) ($30,000) Walnut Creek CDBG 97198 ($14,000.) ($23,685) Antioch CDBG 97198 ($25,000.) ($52,100_) Pittsburg CDBG 97/98 ($ ) ($ ) Richmond Comm. Serv, ($35,000.) East Bay Community Foundation ($ San Francisco Foundation ($ ($ Koret Foundation ($ ($ Roberts Foundation ($ Knight Foundation ($ Pacific Bell Foundation ($ Home Depot ($ Lesher Foundation ($35,000.) Chevron ($ ($ 01!23/1997 19;00 510-2729713 PAT P?NKSTON PACT= 05 Follow up on: Carnegie Foundation Mott Pew MacArthur CA Wellness Foundation RW Johnson Blue Cross Kaiser Annie Casey Hewlett Psckert HARPO Productions(Oprah Winfree) Ford Foundation Rockerfeller Pat Bou Safeway Clorox Sunne MCPesk Rotary Chambers of Commerce Soroptimist Jr.League Builders lobbies ReshorsOraele PIXAR BIR Graham Enterprises