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HomeMy WebLinkAboutMINUTES - 10242000 - C71 1 ©ntra• ♦k. ..+/ Costa TO: BOARD OF SUPERVISORS '; County FROM: DENNIS M. BARRY, AICD DIRECTOR OF COMMUNITY DEVELOPMENT DATE: October 24, 2000 SUBJECT: Request to Extend Period for Filing a Parcel Map for an approved Vesting Tentative Map, File ##MS 141--90 (Mike & Lori Farr - Applicants & Owners) , San Ramon/Bollinger Canyon area. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize a five-year extension of the period for filing a parcel map extending to September 9, 2005 . FISCAL IMPACT None. BACKGROUND Processing and Approval of the Vesting Tentative Map Application In August 1990, the owners of a 72-acre parcel located within the San Ramon/Bollinger Canyon area filed a tentative map application (File #MS141-90) to subdivide the site into three parcels, each parcel greater than 20 acres in size. The subject property was at that time, and continues to be, subject to a Land Conservation (Williamson Act) Contract that limits the use of the subject property to agricultural uses, but also allows a reduced property tax rate. Also, because the property is regulated by an active Williamson Act contract, it is subject to special approval processes as provided under State law. / CONTINUED ON ATTACHMENT: X YES SIGNATURE +Yt RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CCmMI E APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON October 24 , 2000 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A __XX 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: Bob Drake [ (925) 335-1214] Orig: Community Development Department ATTESTED October 24, 2000 CC: Archer Norris PHIL BATCHELOR, CLERK OF Public Works Dept. THE BOARD OF SUPERVISORS County Counsel AND FOUMTY ADMINISTRATOR Building Inspection Dept. , Property Conservation Div. BY , DEPUTY c: \141-90-b.bo RD\ Request for Extension of Period for Filing a Parcel Map (Farre/San Ramon-Hollinger Canyon area) The tentative map application was initially heard by the County Planning Commission on September 5, 1995. After taking testimony, the Commission unanimously voted to recommend approval of the application to the Board of Supervisors at a continued hearing on July 8, 1997 . The Board of Supervisors initially heard the tentative map application on August 5, 1997 . At that time, concerns were raised by neighbors (Warholics) concerning a number of items, and the matter was continued. One matter that came up concerned an existing metal fabriction use which the Board which had not been legally established and which in 1989, the Board had denied a land use permit application seeking to make it legal; at the same time the Board had instructed staff to delay enforcement action. On September 9, 1997, the Board of Supervisors approved the recommendation of the Planning Commission subject to modifications including a requirement that the applicant ultimately eliminate the metal fabrication use prior to occupancy of a residence on one of the proposed parcels (COA #36) . Initial Period for Filing a Final Map and Provisions for Extension of the Filing Period With the approval of the tentative map application, the subdivision ordinance allows the applicant three years to file and record a parcel map pursuant to that approval. In this case, the ordinance would allow a map to be filed as late as September 9, 2000 . Pursuant to Section 66452 . 6 (e) , the timely filing of an extension request automatically extends the period 60 additional days (in this case until November 8, 2000) , or until the extension is acted upon, whichever occurs first. The Ordinance also provides that the applicant may apply for an extension of the filing period. While the County ordinance provides that an extension of up to three years may be granted, a 1996 amendment to State law provides that the County may extend the period up to five additional years; the provision of State law would take precedence over the more limited County ordinance provision. April 25, 2000 Board Hearing on Existing Metal Fabrication Use Following receipt of a new complaint from the Warholics, earlier this year, the Board of Supervisors conducted an April 25, 2000 hearing on whether staff should initiate code enforcement action on the metal fabrication activity on this site. After taking testimony, the Board voted to find the existing use not in compliance with zoning or the land conservation contract, and that the evidence presented to the Board constitutes a reasonable basis for an abatement action. At the same time, the Board directed staff to initiate a process with the Farrs for amending their activities that would allow for code compliance and compatibility with the neighborhood. Refer to 4/25/2000 Board Order. Subsequent to the Board decision on the metal fabrication use, staff has exchanged correspondence with the Farrs, and met with the Farrs and their attorney. Staff anticipates that staff will be proposing to the Farrs an amendment to the existing land -2- File #MS141-90 conservation contract to improve neighborhood compatibility and attain code compliance. Request by Applicant to Extend the Filing Period In a letter dated July 31, 2000, the legal counsel for the Farrs is requesting a five year extension of the period for filing a Parcel Map. Discussion Staff can find no standards in County or State law for evaluating the merits of whether a request for extending a filing period should be granted. It has been the County practice to grant extensions when timely filed by applicants. Should the request be denied (and the applicant is otherwise unable to complete the filing of the parcel map prior to the present period authorized for filing the parcel map) , then a parcel map could not be filed and approved by the County until a new tentative map application was approved. Staff believes the applicant is showing good faith in completing the subdivision process, and sees no reason why the requested five- year extension should not be granted. Accordingly, staff is recommending that the requested extension be granted. At the same time, if the Board saw fit, it could reduce the extension period. Such action would still allow the applicant to request a extension in the future should they desire it in the future. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Charles M. Farr APPLICATION NO. MS90141 18311 Bollinger Canyon Rd. San Ramon, CA 94583 ASSESSOR'S PARCEL NO. 199-030-040 OWNER: Same as above ZONING DISTRICT: A-4 A APPROVED DATE: 9/9/97 EFFECTIVE DATE: 9/9/97 3 This is to notify you that the Board of Supervisors has granted your request for a minor subdivision, subject to the attached conditions. DENNIS M. BARRY, AICD Interim Community Development Director By: PLEASE NOTE THE E 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 THREE YEARS from the effective date of this permit. FINDINGS AND CONDITIONS OF APPROVAL FOR MINOR SUBDIVISION FILE #MS900141 (Farr - Applicant & Owner) IN THE SAN RAMON/BOLLINGER CANYON AREA PER SEPTEMBER% 1997 BOARD OF SUPERVISORS APPROVAL. FINDINGS A. Growth Management Performance Standards 1. T -In view of the land use permit which has already been granted by the County (LP962029), this subdivision will not result in any additional development or traffic generated. The project will be required to contribute area-of-benefit fees at time of issuance of building permits for areawide traffic improvements. 2. r-In view of the land use permit which has already been granted by the County (LP962029),this subdivision will not result in any additional development or demand on water supplies. Prior to recording a parcel map,the applicant will be required to demonstrate the availability of domestic water to serve each of the proposed parcels to the satisfaction of the Health Services Department. 3. Sante Sem-In view of the land use permit which has already been granted by the County (LP962029), this subdivision will not result in any additional development. Prior to recording a parcel map, the applicant will be required to demonstrate the feasibility of sewage disposal capacity to serve each of the proposed parcels to the satisfaction of the Health Services Department. 4. Fire Protection - The site is not located within a designated urban or suburban area and is therefore not subject to fire protection improvements as otherwise required by the Growth Management Element policy. S. Public Protection - The project will not exceed the threshold (added population of 1000 persons) for requiring a contribution to a sheriff facility. Therefore, no contribution has been required. 6. Parks and Regr ko -'Phis project is required to make a contribution of at least$2000 per dwelling unit to satisfy the parks requirement for neighborhood parks. The fee will be paid at time of issuance of building permit. 7. Flood Cgntrol and Drainage -The site is crossed at the northern end by San Ramon Creek. However, neither of the proposed building sites lie within a designated flood zone. (Ref. the Growth Management Element of the General Plan) File#MS9001 d1 Conditions of Approval Charles M.Farr-Applicant/Owner Conditions to be Satisfied Prior to Occupancy of New Residential Structures then each tree shall be assigned a number for identification purposes. The site plan shall also indicate whether individual trees are proposed to be(1)removed, (2)altered, or(3) preserved. If the proposed development requires approval of tree permit,then prior to issuing a grading or building permit,the applicant shall comply with the restrictions of the Tree Protection and Preservation Ordinance including any tree permit application and processing requirements. (MM) Fees 33. Parkland Dedication Fee Requirement-Prior to issuance of a building permit,the applicant shall comply with the parkland dedication fee requirement. 34. One-Time Police Spic Mit%gg'on Ferment-Prior to issuance of a residential building i permit on any y parcel that is not occupied by a legal residence,the applicant shall contribute a one-time fee of$1000.00 to the County for police services mitigation. The fee shall be paid to the Contra Costa County Application&Permit Center. CONSTRUCTION PERIOD RESTRICTIONS 35. All construction and construction related activities performed by a licensed contractor or subcontractor other than the owner shall be limited to the hours of 7.30 a.m. to 5:00 p.m,, Monday through Friday,and shall be prohibited on state and federal holidays. The applicant shall include this restriction in the contract for any construction contractors or subcontractors employed on the site. CONDITIONS TO BE SATISFIED PRIOR TO OCCUPANCY OF A NEW RESIDENTIAL STRUCTURE ON PARCELS A OR C. 36. Elimination ofMgW Fabricatrenn VW- At least three weeks prior to seeking occupancy of residence on the easternmost parcel, Parcel "C", the applicant shall convey a letter to the Community Development Department indicating that the metal fabrication business activities have been terminated and that the site may be inspected for the purpose of verifying code compliance. Occupancy of the residence shall not be permitted until the Zoning Administrator has determined that the site is in compliance with the zoning code requirements including any -entitlements. -10- TO: BOARD OF SUPERVISORS :C321tr FROM: Carlos Baltodano, Director Building Inspection Department O(?M�Y`9 CostadPl'It• ` 37 �O't..1Tlty DATE: April 25, 2000 SUBJECT: Investigation at 15011 Bollinger Canyon Road. APN# 199-030-940 C.M. Farr Metal Construction Inc, Owner: Charles& Lorraine Farr (San Ramon, unincorporated area) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. FIND that the operation of the subject metal fabrication shop at 18311 Bollinger Canyon Road in San Ramon is not consistent with the restrictions of the land conservation contract or with the uses permitted within an A-4 zoning. 2. DIRECT the Building Inspection Department to proceed with appropriate abatement action and require the metal fabrication shop operations to cease and desist within (60)sixty days. FISCAL IMPACT: None, if property owner complies. BACKGROUND/REASONS FOR RECOMMENDATIONS: This is in response to the Board's direction on August 3, 1999 to the Building Inspection Department to investigate the operation of the metal fabrication shop at 18311 Bollinger Canyon Rd. in San Ramon.The Board's order was to initiate an investigation and report back to the Board on any potential code enforcement actions for a subsequent hearing. Three site inspections were made with the permission of the owner Mr. Charles Farr. The purpose of the inspections was to determine if any non-agriculturally related products were being manufactured at the property and the extent of the manufacturing. CONTINUED ON ATTACHMENT: LYES SIGNATURE _RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATUREW: ACTION OF BOARD ON Mail 11. 2000 APPROVED AS RECOMMENDED OTHER vv _ SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE XAIN UPERVISORS I HEREBY CERTIFY THAT THIS 13 A TRUE NIMOUS{ABSENT AND CORRECT COPY OF AN ACTION TAKEN NOES: AND ENTERED ON THE MINUTES OF THE ABSTAIN:— BOARD Or SUPERVISORS ON THE DATE SHOWN. ATTESTED___A D r i l 25, 2 0 0 o ilip Lud 1g 335.1142ng i ction Do rtment(BID)noelIty Development De rtment Shaffer(Via BID) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS j AND COUNTY ADMT7RVOR ' FARR April 5, 2000 Page 2 INSPECTIONS/ISSUES: During the course of the Building Inspection Department investigations the following issues were identified; Site inspection of October 12, 1999 - The purpose of this inspection was to introduce and become familiar with the general conditions of the subject metal shop(Photos 1,2,4,12&15 attached).The photos identified the extent of the buildings and general condition of the metal fabrication shop. The secondary issue was to determine if the shop was still manufacturing non-agricultural products and if so the nature of the work. The subject inspection revealed that there were no steel beams present that could be used on a building site. The level of operations at the shop was very limited; all work ceased while the inspection took place. It was noted however that two (2) employees provide labor for the Farrs. Photographs taken on the 10-12-99 site inspection show a forklift(Photos 4&5)and additionally a large diesel truck with crane&winch that is used to undertake site work around the Fares property and on jobs on other properties(Photo 10).(Photo 7),shows drying racks in the paint shop with metal sections used for a stair project in a local church.(Photos 3,4,6,8,13& 14)show storage racks of metal supplies at the Farr's metal fabrication shop. Off-site inspection of November 3, 1999—(not on property) The purpose of this inspection of 18333 Bollinger Canyon Rd. in San Ramon,was to interview the complainants and provide their side on the history of the case.The subject inspection lasted for 55 minutes and the general discussion was related to the odor, noise and traffic issues related to the operation of the Fares business. It was noted that at the time of this inspection that noise levels from the shop,approx. 200 feet away, made verbal communication difficult between the occupants of 18333 Bollinger Canyon Rd.and the Code Enforcement Officer.This type of noise was consistent with the grinding of metal by some sort of power tool. The inspectorwas unable to substantiate the traffic complaint based upon observation. The wind direction was blowing from the mountainside,yet no odors were evident from any spray-painting from the shop. Site inspection of November 4, 1999 This inspection revealed that there was fabrication of a set of stairs for a church and window frames taking place, as described by Mr. Farr(Photo 20, 21 & 24). Also, a metal tube gate was drying on the spray-painting stands outside the designated spray area(Photo 19).These items were not consistent with the level of intensity as described by the complainants. Equipment such as industrial metal guillotines(Photos 23&25),welding equipment(Photo 17),hand held power tools with grinding disc(Photo 18)and extensive storage of metal&supplies were noted. The shop floor area did have two (2) metal tables upon which metal fabrication takes place (Photos 17 & 21). (Photo 21) shows two workers working on a fabrication project at the Fares shop with one worker using a powered hand tool to grind an object. This type of noise generated during this action was similar to the noise heard at the 18333 Bollinger Canyon Rd. inspection of November 3, 1999. Site Inspection of December 14, 1999 Inspection of the property revealed that the stairs for a church were drying in the designated spray area (Photo 28). Work was taking place on a water softener/purification plant for the residence (Photo 31). Any work undertaken on the property was concentrated on the installation of a water softener/purification plant (Photo 29). There is no record of issuance of a building permit for such installation. FAkR April 5, 2000 Page 3 PLANNING RELATED ISSUES: Information on this section was coordinated with the Current Planning Division of the Community Development Department. Planning Issues related to A-4 zoned lands: (The Williamson Act): According to County records 1925RZ (AP#17-75), the then owners of the land, Habel,Mueller,Benthan&Saunders in 1975 had a written contract with the County for the production of food,fiber and compatible uses under the then Contra Costa County Ord.84-42.(See Land use contract).This contract had been automatically extended overthe years,in 1996;the current owners filed a Notice of Non-renewal of the land conservation contract for the subject property, which will cause the contract to expire in February 2006. Until then the contract limits use of the subject land to agricultural activity, two ranch houses, a barn, a tool shed and grazing activity. This original contract did not Include the operational use of a Metal Fabrication Shop, nor did any previous contract renewals. Additionally, a code enforcement action was started in 5-12-86 (Case 86-77) by the Community Development Department for the operation of unauthorized steel construction. Home occupation permit for Metal Fabrication shop: An application was applied for by the Farrs for a home occupation land use permit to allow for the operation of the metal fabrication shop. The attempt in 1987 for home occupation was deferred pending the Board of Supervisors review of the General Plan(see Board Orders dated October 16,1987 and December 19,1989). Land Use Permit(LP962029)2"d&3d residence on 72-acre parcel: The only current land use permit (LP962029) effective date 10/17/96, was approved subject to conditions by the Zoning Administrator. The land use permit was for the establishment of second and third residences on the subject 72-acre parcel of land. r Condition#5 of the subject LUP identifies the metal fabrication shop and provides for specific recommendations. It requires that promptly after the County amends zoning regulations in compliance with the general plan's conservation element policy No.8-aa, and establishes procedures for allowing agriculture service business and uses, the applicant shall follow the method specified by those procedures to obtain approval of the metal fabrication shop and continue metal fabrication activities on the property. In the event the Board of Supervisors finally deny any such necessary approval, the applicant will agree to terminate all unauthorized metal fabrication activities not permitted underthe then-applicable law and to use the metal shop structure only as permitted under the law. The Community Development Department completed it's revision of the 1991 general plan and it was reconsolidated and updated in 1996, and continues to provide for Agricultural Resources Implementation Measure 8-aa(See attachment D). Mark Chewning of Regal Steel supply Inc.evidence: As requested by the Board of Supervisors, the Mark Chewning transcripts have been placed in written form and provide details on the Issues raised at the Board hearing of August 3, 1999. Philip Ludolph of the Building Inspection Department contacted Mr.Chewning(Sales manager)of Regal Steel Supply INC.,of Stockton, CA.,on January 6,2000 and he indicated that he would supply a written notarized statement on why he feels that the C.M. Farr plant provides,and how it Is essential for the local community.In response,Mr.Chewning indicates that the community is very fortunate to have a small company such as Farr Construction right in their own backyard; a statement in attachment. (See attachment B). FARR April 5, 2000 Page 4 Mr. Chewning comments in his testimony on August 3, 1999,(attachment A)"Any disruption in Farr Construction would be a travesty to not only the valley,but to the County in general. Farr's Construction's reputation is not only impeccable in our industry as a steel fabricator but the quality of the work he performs.I know many a general contractor that I deal with that don't even send projects out to bid for the quality of work that the Farr construction does." From the information provided above it indicates that a metal fabrication business is operating from this property. A copy of the original transcript of July 20 and Mr. Chewnings notarized document are attached to this report. C.M Farr Metal Construction Inc. Business Licenses &Contractor number: According to the Internet web site (204.147.113.12/corpdata/ShowList) for the Secretary of State's Office Corporations Unit,Corporate records,it identifies C.M. Farr Metal Construction Inc. as a corporation (01124770) Status (active)with a Leonard L. Nolting as agent for service of process (See attachment E.) The records identify the business as being located at the subject address. Information from the California Contractors State Licensing Board web site identifies Contractors License(00526206)for C.M.Farr Metal Construction Inc.as active with the following classifications for welding C-60,ornamental metals C-23& Home Improvement Certification HIC (see attachment C). SUMMARY OF FACTS: 10/12/99 - Inspection revealed the extent of the shop complex and that non- agricultural work was going on.Two employees provide labor for the Farrs. 11/3/99 - Inspection of the complainant's house at 18333 Bollinger Canyon Rd. for 55 minutes revealed noise levels from shop approximately 200 feet away made conversation levels difficult. No odors were evident from spray painting. 11/4/99 -Inspect ion revealed that there was the fabrication of a set of stairs for a church and window frames taking place.A metal tube gate was drying on the spray stands out side the designated spray area. Equipment such as industrial metal guillotines, welding equipment, hand held power tools with grinder disc and extensive metal table upon which fabrication takes place were observed and documented. 12/14/99 - Inspection of the property revealed that the stairs for the church were drying in the designated spray area. Work was taking place on a water softener/purification plant for the residence. The site inspections conducted of the Farr's property revealed that there were no large steel beams being fabricated at the property,yet stairs,metal tube gate and window frames were. Items such as the stair and window frames however are not agricultural related and were being manufactured for use on another location. However, the items under fabrication are not at the same level of intensity as a fabrication plant that is manufacturing large metal beams as identified by the complainants. Information obtained from the Internet, from both the California Contractors State License Board and corporate records,identifies C.M Farr Metal Construction as a contractor and business, which would conduct trade on other properties.The possible business Intensity to fabricate large items(Steel Beams), actual size of the shop facilities,types of tools/equipment and their operation(See Photos)make it difficult to classify the use as a hobby or agriculturally related. This type of accessory use Is not reasonable or customarily associated with the permitted use Identified in the agricultural contract or the uses allowable in the A-4 zoning district,nor is It allowed under this contract.Allowing the continuation of the metal fabrication shop would create unnecessary nuisances to neighboring residence. Therefore, it is recommended that the Board direct staff to take appropriate abatement action and require the metal fabrication shop operation to cease and desist. ADDENDUM TO ITEM D. 4 April 25,2000 Agenda This is the time noticed by the Clerk of the Board of Supervisors for the hearing to consider a report from the Director of Building Inspection on the investigation of allegations of code violations at 18311 Bollinger Canyon Road,San Ramon,as directed by the Board of Supervisors on August 3, 1999;and to consider direction to staff on appropriate action. Carlos Baltodano,Director of Building Inspection,presented his staff report. Philip Ludolph,Building Inspector I,offered commentary on a slide presentation prepared by the Building Inspection Department.Also present were Silvano Marchesi,Assistant County Counsel,and Diana Silver,Deputy County Counsel. Supervisor Uilkema requested clarification on some of the issues involved in this hearing. Robert Drake,Principal Planner,Community Development Department,responded. Mr.Drake presented Community Development Department's staff report and related the history of the issues. Following Board discussion,Mr.Baltodano explained the abatement process and related time frames. He suggested modifying staff s Recommendation No.I to read,"Find that there is reasonable cause that the operation of the subject metal fabrication shop...".He stated that the reason for the change is that the Board of Supervisors would be addressing the same issue if the matter were going to be appealed from an abatement action. Supervisor Gerber said that between an abatement process and action taken by the Board today,it could be approximately 4 months before the Farrs would appear before the Board again,if they chose to appeal the process.Mr.Baltodano agreed.He stated that the first stage would take 60 days to stop the operation if the Farr's chose to do that,if they did not,then the property would be noticed under an abatement process,which would provide another 30 days in which they could file an appeal.If they were to file an appeal, and it goes before the Board for a second hearing,it could take approximately 4 months. Following further discussion,the public hearing was opened,and the following people appeared to speak: Ed Shaffer,Esq.,Attorney for the Farrs, 1850 Mt.Diablo Blvd.,#530,Walnut Creek; Lori Farr,property owner, 18311 Bollinger Canyon Road,San Ramon; Mike Farr,property owner, 18311 Bollinger Canyon Road,San Ramon; Michael Warholic, 18333 Bollinger Canyon Road,San Ramon; Patrick Warholic,4365 Canyon Crest Road West,San Ramon; Lisa Farr, 1505 Dawn Court,San Ramon; Margot Fagundes, 18501 Bollinger Canyon Road,San Ramon; Ronald Prather, 18355 Bollinger Canyon Road,San Ramon; Barbara Karl, 18355 Bollinger Canyon Road,San Ramon; Michelle Aralica,2689 Corey Place,San Ramon; Ivan Aralica 2689 Corey Place,San Ramon; Rebecca Chewning,2462 Norris Canyon Road,San Ramon; Mark Chewning,2462 Norris Canyon Road,San Ramon; Teri Kovac, 18728 Bollinger Canyon Road,San Ramon; Larry Zaharis, 18770& 19267 Bollinger Canyon Road,San Ramon; Roger Mast, 18885 Bollinger Canyon Road,San Ramon; Jim Fagundes, 19501 Bollinger Canyon Road,San Ramon; Debbie Chewning,2462 Norris Canyon Road,San Ramon; Jim Farr,5025 Chelsea Drive,Martinez; Ray Zaharis, 18869 Bollinger Canyon Road,San Ramon; Trish Farr,5025 Chelsea Drive,Martinez; Kathy Rains, 18875 Bollinger Canyon Road,San Ramon; 1 Kirk McKinzie,3870 12"Street,Sacramento; James Stewart, 18475 Bollinger Canyon Road,San Ramon; Kathy Stewart, 18475 Bollinger Canyon Road,San Ramon; Michael Warholic,rebuttal; Mike Farr,rebuttal. The following people did not speak however,the Chair read their comments into the record: Mike Brasher,4950 Alhambra Valley Road,Martinez•, Karlen Mueller, 18477 Bollinger Canyon Road,San Ramon; Paul Mueller, 18477 Bollinger Canyon Road,San Ramon; Paul Brasher,4950 Alhambra Valley Road,Martinez. Those desiring to speak having been heard,Supervisor Uilkema moved to close the public hearing,Supervisor Gioia seconded the motion. The vote on this motion was as follows: AYES: SUPERVISORS GIOIA,UILKEMA,DeSAULNIER and GERBER NOES: NONE ABSENT: SUPERVISOR CANCIAMILLA ABSTAIN: NONE The Board continued to discuss the issues. Supervisor Gerber advised the Board that in 1998 she attempted to help resolve this matter. She stated that out of that attempt,an agreement was reached.It involved in part, an easement;in 1999 she was informed that the easement had not been achieved. Supervisor Gerber asked Robert Drake if there were any specific changes the Farrs could make,if they were willing,that would bring their business into consistency with the zoning and designation.Mr.Drake stated that they would have to limit the metal fabrication operation to agricultural uses consistent with the agricultural preserve zoning. To legalize the existing metal fabrication business,they would have to amend:(1)the Agricultural Lands General Plan designation;(2)the Agricultural Preserve,A-4 zoning; and(3)an existing land conservation(Williamson Act)contract which remains in effect until the Year 2006 under the Fans'10 year notice of nonrenewal, The Board continued to discuss the matter. Ms.Silver,advised the Board regarding the A-4 zoning permitted uses relative to agriculture production;beyond the permitted use,the zoning would have to be amended. To the extent metal fabrication was involved in agricultural production,it would be a permitted use under the A-4 zoning,but the Williamson Act contract would have to be amended to allow it as a compatible use. Supervisor Gioia inquired if agricultural production was allowable for the subject site and other sites.Mr.Drake advised that it could also apply to other agricultural properties. Following further discussion,Supervisor Gerber suggested that the Board go forward with an action today that would put the 4 month process into motion,as previously discussed.During the next 60 days and before an appeal,she suggested staff work with the Farrs to define how they would need to change their current operation in order for it to be legal under the current zoning and designation,including if necessary,a modification to the Williamson Act contract.Supervisor Gerber stated that what is going on now does not meet the County's requirements,it is out of zoning compliance based on the evidence before the Board today.She said the Board would take an action today that puts a timeline into motion,and to the extent that the Farrs are willing to work with the County,staff could help them understand what it would take to change the nature of their operation to be in compliance with the zoning within the next 60 days.Then it is up to 2 them.They either change it,in which case it wouldn't be a problem anymore,or they make a different decision,in which case the Board will have acted and can move forward. Mr.Baltodano suggested the Board amend Recommendation No.2 to include the words "...cease and desist within(60)sixty days if the metal operation cannot be made to conform with the zoning requirements". He stated that it is understood by staff that they will work with the Farrs within the next 60 days to accomplish that.Code enforcement cases are often handled in that way,to see if compliance can be achieved. Supervisor Gerber moved her suggestions stated above.Ms.Silver advised that if the Board were going forward as indicated,Recommendation No. 1 be modified to,"Find that the information presented to the Board constitutes a reasonable basis to initiate an abatement action".This would replace the Board Order given today.She further advised the Board to accept Recommendation No.2 as modified.Supervisor Gerber stated that the changes were included in her motion. Supervisor Gioia seconded the motion, including the modifications. Supervisor DeSaulnier inquired,if through this process,there was an agreement.that the Farrs could apply for a General Plan Amendment or rezoning,do they still have a problem with the Williamson Act contract.Ms. Silver stated that the contract is in existence for 6 more years,however,the contract can be rescinded and a new one entered into simultaneously. Supervisor Gerber called for the vote.The vote on this motion was as follows: AYES: SUPERVISORS GIOIA,UILKEMA,DeSAULNIER and GERBER NOES: NONE ABSENT: SUPERVISOR CANCIAMILLA ABSTAIN: NONE BG:BoardOrdera2000!04252000-d4-add.doc 3 ARCHER NORRIS 2033 North Main Street,suite 800 CALIFORNIA OFACES PO Box 8035 Walnut Creek Walnut Creek,CA 94596-3728 Richmond 925.930.6600 Ontario 925.930.6620{Fax} July 31, 2000 Dennis Barry, Director Contra Costa County Community Development Department 651 Pine Street, North Wing Martinez, CA 94553-0095 Re: Application to Extend Vesting Tentative Map MS 141-90 18311 Bollinger Canyon Road (APN 199-030-040) Charles M. Farr, Owner Dear Mr. Barry: On September 9, 1997, the Contra Costa County Board of Supervisors approved Vesting Tentative Map MS 141-90 for a three-parcel subdivision at 18311 Bollinger Canyon Road in the San Ramon area of the unincorporated county. The Planning Commission unanimously recommended approval. Pursuant to Section 94-2.610 of the County Code, the tentative map will expire on September 9, 2000 unless the owner files a final map before that date. Application to Extend Map Section 94-2.610 permits the County to extend the life of tentative maps. This letter shall serve as an application to extend the expiration date of MS 141-90 for five years. It is not clear to us whether this will require a public hearing before the County Planning Commission(which originally approved the tentative map), or may be approved administratively by the Zoning Administrator(see County Code section 26-2.2102). A check in the amount of$800.00 is included as an application fee, if you determine that only Z.A. approval is required, we would expect a $600.00 refund reflecting the $200.00 fee for an administrative extension. Section 94-2.610 states that the maximum allowable extension is three years. However, we note that California Government Code section 66463.5(c)was amended in 1996 to specify that tentative parcel maps can be extended for up to five years. While Contra Costa County (along with many other jurisdictions) has not yet revised its local subdivision ordinance to follow Section 66463.5(c), the state law governs to allow five-year extensions. F00730011174017-1 A strategic merger of Archer,McComas,Breslin,McMahon&Chritton,PLC and Norris&Norris,PLC is Dennis Barry July 31, 2000 Page 2 Background In 1996 the County approved a land use permit(LP96029)to allow occupancy of three residences on this 72-acre ranch property,to accommodate Mr. &Mrs. Farr's desire to provide homes for their two daughters and their families. The tentative map was approved in 1997 for three separate parcels,which were requested to allow separate financing and other arrangements for each homesite. The property also contains a metal fabrication business that services both nearby agricultural properties and the general San Ramon community, This metal shop has been the subject of disputes with one adjacent neighbor and on-going investigations by the County. Currently the business is in the middle of a code enforcement proceeding that may culminate in a hearing by the Board of Supervisors in the near future regarding what metalwork beyond serving the agricultural community will be allowed to continue. Reason for Extension Both the use permit and tentative map approvals require a number of conditions to be satisfied before filing a final map. These include proving domestic water well and septic system capability,performing an archaeological reconnaissance study, obtaining detailed geotechnical reports for grading and foundation purposes, and obtaining final surveys for the three parcels. The Farrs have installed a new well and water purification system,that is capable of serving all three houses. They currently are preparing an application to the Contra Costa Health Services Division for approval of a"small water system." Both new homesite parcels have been pert-tested for septic disposal. The eastern parcel passed the test, and a septic system has been installed there. The western parcel did not pass its first test, and needs to be retested. However,recent actions focusing on the metal shop have diverted both their energies and their finances. The Farrs have installed expensive soundproofing measures during the past six months to address the neighbor's concerns (i.e., new fencing,wall insulation,rubber floor mats). They also have been forced to use legal counsel during a series of County hearings and investigations that began in Summer 1999. The Farrs have spent many hours dealing with both their neighbors and County officials on these matters. Furthermore,the Farrs were required to pay the County several thousand dollars in unexpected fees associated with processing their use permit and tentative map,which caused a financial strain.. All this has prevented them from completing the tentative map process and filing for a final map before now. Dennis Barry July 31, 2000 Page 3 Mr. &Mrs. Farr remain committed to creating a family compound and having their children live nearby. They fully intend to satisfy all County requirements in order to file a final map and exercise the land use permit as quickly as time and finances will allow. They ask the County to allow them to continue this plan. Expiration of the tentative map this September would make all their hard work and expenses wasted. There is no apparent reason not to grant their request. Thank you for your consideration and processing of this application. We await word whether the map extension can be approved by the Zoning Administrator. Alternatively,please contact me to arrange the date for a Planning Commission hearing. For your information, please note my new address and other contact information given below. My previous law firm has merged with another to create the new firm of Archer Norris. Very truly yours, i�'K') ARCHER NORRIS By Edward L. Shaffer ELS:oev encl. cc. Charles & Lorraine Farr Edward L. Shaffer Archer Norris 2033 N. Main St., Suite 800 P.O. Box 8035 Walnut Creek, CA 94596 (925) 952-5409 (direct dial) (925) 930-6600 ext.209 (main#) (925) 930-6620 (fax) eshafferarchemoms.com