HomeMy WebLinkAboutMINUTES - 02132001 - D.3 J
V, �._.
TO: BOARD OF SUPERVISORS .. r✓" . .,
-� Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR .,, s' County
DATE: FEBRUARY 13, 2001
SUBJECT: HEARING OF AN APPEAL FILED BY MICHAEL BAUMAN, OF THE PLANNING
COMMISSION' DECISION TO UPHOLD THE ZONING ADMINISTRATOR'S DECISION
TO REVOKE ADM INSTRATIVE PERMIT#N R950020 FOR A CONTRACTOR YARD.
THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF
BROOKSIDE DRIVE AND THIRD STREET(115 BROOKSIDE DRIVE) IN THE NORTH
RICHMOND AREA. (H-1)(CT 3650.02)(PARCEL 409-202-004).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ACCEPT the recommendation of the County Planning Commission to uphold the Zoning
Admistrator's decision to revoke the Administrative Use permit for the contractor yard.
ACCEPT the staff report stating that circumstances have changed since the County
Planning Commission's decision.
CONTINUE the public hearing to March 20; 2001, to allow staff to continue to work with Mr.
Bauman to gain compliance of the conditions of approval.
CONTINUED O E _
N ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY.ADMINISTRATOR RECOMMENDATION OF BOARD COMIVIITT E
APPROVEOTHER
SIGNATURE(S):
ACTION OF BOARD ON FPhrii qrg VA,r 9nnt APPROVED AS RECOMMENDED gy OTHER X
The public hearing was OPENED,Fred Smith,Bauman Landscape, 115 Brookside Drive,Richmond,offered comments;no one else
desiring to speak,the Board took the following action:CONTINUED the hearing to March 20, 2001,at 11:00 a.m.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT - - - - TRUE AND CORRECT COPY OF AN
AYES : NOES: ACTION TAKEN AND ENTEREI) ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED FPhrnary `13, 7001
PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND Q IT
Y ADMI14ISTRATOR
B �_, DEPUTY
February 13, 2001
Board of Supervisors
File#NR950020/P1018
Page 2
FISCAL IMPACT
Costs incurred by this staff-initiated revocation are covered by the Redevelopment
Agency.
BACKGROUND
Administrative Use Permit: Permit#NR950020/P1018, an administrative permit, was
issued on August 24, 1995. The Permit, issued under the guidelines of the North
Richmond Planned-Unit District Guidelines, was subject to Conditions of Approval.
Following the approval, the applicant requested and was provided clarification from the
County Public Works Department and Redevelopment Agency of the Conditions of
Approval.
Staff notified the applicant via a letter sent on December 12, 1996, that the project was
in violation of the Conditions of Approval of the permit. The applicant was notified on
October 28, 1997, via certified mail, of the continued violation of the conditions of the
permit and the scheduling of a revocation hearing.
Revocation: Due to the amount of time that has passed without compliance, further
delays in submitting improvement plans, the significance of the septic system failure,
and the further blighted conditions that chemical toilets would add to the site, the Zoning
Administrator revoked the use permit for the contractor yard on June 26, 2000.
The permittee appealed the Zoning Administrator's decision to revoke the usE: permit.
On August 8, 2000, the Planning Commission upheld the decision of the Zoning
Administrator.
Complaint, Stipulation, and Consent Decree: The Contra Costa County District
Attorney's Office filed a Complaint, Stipulation, and Consent Decree against Michael
Bauman and Bauman Landscape. Mr. Bauman agreed to the terms of the Stipulation
and Consent Decree on August 17, 2000. The Consent Decree identifies a timeline for
compliance of the conditions of approval for the permit.
Progress: To date, Mr. Bauman is in compliance with the timeline set forth in the
Consent Decree. The site was annexed into the West County Sanitary District(WCSD)
and has recently completed the sewer hook-up. Temporary portable toilets have been
removed from the site. The failed septic tank is no longer being used, but has not yet
been back-filled as per the requirements of the Health Department. Improvement plans
for Third Street and Brookside Drive frontages were submitted to the Public Works
Department on September 18, 2000, for review. The applicant's engineer is currently
February 13, 2001
Board of Supervisors
File#NR950020/P 1018
Page 3
working on plan revisions requested by the Public Works Department and expects to
resubmit them the week of February 12, 2001.
As reported to the Board on December 6, 2000, the accumulation of waste and recycled
material at the rear of the property has been removed. However, during a recent site
visit, staff noted the storage of construction materials in the front parking lot of the
contractor yard, contrary to the conditions of approval. In addition, access to the site
was changed from the approved Brookside Drive gate to a Third Street gate. This too, is
contrary to the Conditions of Approval. Staff has advised the applicant that these issues
need to be resolved immediately. It is anticipated that the new violations will .be
addressed in the next few weeks and total compliance with all the Conditions of
Approval will take several more months.
V. CONCLUSION:
Staff is recommending the appeal hearing be continued to March 20, 2001, so that staff
can continue to work with Mr. Bauman to gain compliance of the conditions of approval.
W:\MAPNorth Richmond\BAUMAN BOARD ORDER I 2-5.doc