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Home My WebLink AboutMINUTES - 01142003 - D4 TO: BOARD OF SUPERVISORS '.. . ..t ' Centra FROM: DENNIS M. BARRY, AICD ... � Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: JANUARY 14, 2043 SUBJECT: HEARING OF AN APPEAL FILED BY MICHAEL BAUMAN, OF THE PLANNING COMMISSION DECISION TO UPHOLD THE ZONING ADMINISTRATOR'S DECISION TO REVOKE ADMINSTRATIVE PERMIT#NR950020 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 365002)(PARCEL 409-202-004). SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS FIND that the appellant remains out of compliance with the Conditions Of Approval of Administrative Permit#NR950020. ACCEPT the August 8, 2000 recommendation of the County Planning Commission to uphold the Zoning Administrator's decision. REVOKE the Administrative Use permit for the contractor yard. DIRECT staff to begin abatement proceedings within 30 days if the site is not cleared. REFER the matter to the District Attorneys Office for further action as outlined in the Complaint, Stipulation, and Consent Decree against Michael Bauman and Bauman Landscape dated August 17, 2000. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMWTEE APPROVE OTHER SIGNATURE S - ACTION OF BQARON J'anua yy 14, 2003 APPROVED AS RECOMMENDED x OTHER See attached addend m. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND x UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES:, ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: -- SUPERVISORS ON THE DATE SHOWN Contact: Maureen Toms,community Development-335-1250 ATTESTED Jan 4a 14. 2003 JOHN SWEETEN, CLERIC OF THE BOARD OF cc: Public works Department-H.Ballenger SUPERVISORS AND COUNTY ADMIN#NiSTRATOR Redevelopment Agency-B.Lee Building Inspection Department-M.Silva , Health Services Department-K.Stuart BY y: ` '� - ,DEPUTY District Attorney's Office-J.Sepulveda January 14,2003 Board of Supervisors File#NR950020/P 1018 Page 2 FISCAL IMPACT Costs incurred by this County-initiated revocation are covered by the Redevelopment Agency. BACKGROUND This is a continued public hearing on the revocation of an administrative use permit. Administrative Use Permit #NR950020/P1018 was issued on August 24, 1995, subject to 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. Due to continued non-compliance of the Conditions of Approval, the Zoning Administrator revoked the use permit for the contractor yard on June 26, 2000. On August 8, 2000, the Planning Commission upheld the decision of the Zoning Administrator. The Planning Commission's decision was appealed to the Board of Supervisors. The Board considered the appeal of the Planning Commission's decision on December 5, 2000, February 13, 2001, March 20, 2001, June 12, 2001, July 24, 2001, September 11, 2001, and January 22, 2002, April 9, 2002, June 11, 2002 and December 10, 2002. The applicant was showing progress toward meeting the conditions of approval, thus staff recommended' continuances of the hearing. Community Development and Public Warks Department staff continued to work with the property owner to meet the final conditions, complete and approve the improvement plans for frontage improvements, submittal of review and inspection fees, and construction of the frontage improvements. The Public Works Department staff allowed the property owner to set up a payment schedule to pay $20,000 in staff charges for plan checking and anticipated construction inspection. The property owner agreed to pay$5,000 on June 24, 2002; $5,000 on July 24, 2002; $5000 on August 24, 2002; and $4,000 due on September 24, 2002 or when the project is completed (whichever is sooner). As of January 8, 2003, the applicant had only paid $5,000 of these fees. As of December 10, 2002, the applicant had neither completed the project, nor provided financial guarantees for the project. The Board continued the hearing to the January 14,2003 meeting to provide the applicant an opportunity to provide a bond (or other financial guarantee) and bring the fees due to Public Works current. The applicant advised staff on January 7, 2003 that they did not have bonding capacity for the project. Staff advised the applicant to explore other avenues of providing the financial guarantee for the improvements. As of January 8, 2003, the applicant had not responded with an alternative financial guarantee. January 14, 2003 Board of Supervisors File#NR950020/P1018 Page 3 V. CONCLUSION: Staff recommends that due to the lack of compliance with the conditions of approval (despite the permittee provided more than adequate time for compliance) that the permit be revoked. Staff further recommends that the Board direct staff to begin abatement proceedings should the site not be cleared within 30 days. 01/0512003 15:59 5102154809 BAUMAN LANDSCAPE PAGE 02 Sent By: HOWUSI Bond Dept. ; 1+707+783+81210; Jan-S-03 1i :08AM; Page 1/1 To: Bauman At; ISi02361880 insurance Services License tOB84501 au 2194 5�mthmo)nwoll soulev's rd bJ4.i�ilfttll,CA 949$1 Main (7117)76..3- 321 M n x (707)70-3015 January 6,2003 Mr.Michael Bauman,President Baurnasn Landscape,Inc. 115 Brookside Drive Richmond,CA.94801 Re:County of Contra Costa Administrative Permit#NR950020 Amount$3034,600 Dear Mike, We are unable to obtain an Improvement Bond for the-captioned petntit as your company has reached its bond capacity with the surety company,Liberty Mutual.There is no other surety company that will write this band since your entire bond Account is with',Liberty Mutual, if you have any questions in regards to this matter please let me know. Regards, Larry Coyne Executive Vice President Bond Dept. 4 pnN'tN ERtl+S� Id OFLIVEA &UPMOF1 SEPVjtFA rt; (NIR N IFNT3 ADDENDUM TO ITEM DA January 14, 2003 The Clem of the Board heretofore noticed the hearing before the Board of Supervisors to consider the appeal filed by Michael Bauman, (Permittee and Owner) Bauman Landscape, from the Planning Commission's decision to uphold the Zoning Administrator's decision to revoke an administrative permit for a contractor yard located at the northwest corner of Brookside Drive and.Third Street(115 Brookside Drive),North Richmond area. Maureen Toms, Community Development, and Heather Ballenger, Public Works Department, presented the report and staff recommendations. The public hearing was opened. The following persons spore: Steve Miller, Bauman Landscape, 115 Brookside Drive, Richmond, CA 94501 The Board discussed the matter and took the following action: CLOSED the Public Hearing; DENIED the appeal of Michael Bauman, DIRECTED that the decision of the Zoning Administrator will be deemed in effect if the following actions are not done: Within 30 days, Bauman Construction must pay his outstanding fees/construction deposits owed to Contra Costa County amounting to 15,000; Commencement of construction must begin within 90 days; and Bauman Construction to obtain an encroachment permit and make other financial arrangements for bond, as appropriate.