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FROM: DENNIS M. BARRY, AICP _ Costa
COMMUNITY DEVELOPMENT DIRECTOR , , County
DATE: MARCH 14, 2000
SUBJECT: HEARING OF AN APPEAL FILED BY JEROME KNOTT, OF THE EAST COUNTY
REGIONAL PLANNING COMMISSION'S DECISION TO DENYTHE REQUEST FORA
LAND USE PERMIT TO LEGALIZE AND EXPAND AN EXISTING HOMELESS
SHELTER. THE PROPOSED PROJECT IS LOCATED ON A 1.27ACRE SITE ON THE
SOUTH SIDE OF WILLOW PASS ROAD,APPROXIMATELY 80 FT.WEST OF BELLA VISTA
AVENUE IN THE BAY POINT AREA OF EAST CONTRA COSTA COUNTY, THE SITE IS
ADDRESSED AS 2279 AND 2301 WILLOW PASS ROAD, BAY POINT, CA. (LP972081)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. ACCEPT the recommendation of the East County Regional Planning Commission to
deny the Land Use Permit for the existing homeless Shelter, based on the applicant's
response to concerns expressed by the Commission.
2. ACCEPT the staff report stating that circumstances have changed since the East
County Regional Planning Commission's decision to deny the Land Use Permit.
3. FIND that the required findings for approving a land use permit can be made, based on
the work performed by the applicant at the site and information provided by the
applicant.
4. GRANT the appeal filed by Jerome Knott.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March t4, 2nnn APPROVED AS RECOMMENDED OTHER 2X
VOTE OF SUPERVISORS SEEM ATS ADDS t�EE3Y AWY 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 335-1250 ATTESTED-- ma=-h 14, "
cc: Community Development Department PHIL BATCHELOR, CLERK OF THE BOARD OF
Public Works Department SUPERVISORS AND COUNTY ADMINISTRATOR
Building Inspection-Code Enforcement
Bay Point Municipal Advisor Council
B ,DEPUTY
1
March 14,2000 f'
Board of Supervisors .
File#: Land Use Permit#972081
Page 2
RECOMMENDATION (continued)
5. ADOPT the negative declaration as adequate and in compliance with CEQA.
S. APPROVE the Land Use Permit, subject to the Conditions of Approval.
7. DIRECT staff to file the Notice of Determination with the County Clerk.
FISCAL IMPACT
None, the applicant pays all costs associated with processing the application.
REASONS FOR RECOMMENDATIONS
Typically staff recommends the Board of Supervisors uphold the decision of the Planning
Commission. However, in this case circumstances have changed from the time the East
County Regional Planning Commission took action on this item. The applicant has addressed
the issues brought forward by both the Bay Point Municipal Advisory Council (MAC) and
Project Area Committee (PAC) subcommittee and the East County Regional Planning
Commission. Staff believes the required findings for a Land Use Permit can now be made.
Therefore, staff is recommending the Board of Supervisors grant the appeal and approve the
land use permit.
BACKGROUND
The homeless shelter began operations in 1993. The Building Inspection Department cited the
property owner for the electrical and building violations after complaints were received when
trailers were moved onto the property and occupied. The property owners were also advised
to comply with the planning and zoning code by filing an application for a Land Use Permit and
Development Plan. Since the applicants had not submitted an application, an abatement of
the property was authorized in late 1997. On November 17, 1997 abatement was halted in
progress when the applicant submitted an application for a land use permit.
On May 4, 1999, the Bay Point MAC and PAC heard this item. The MAC/PAC recommended
that a subcommittee work with the applicants and make a recommendation to the East County
Regional Planning Commission. During these meetings, the committee members, neighbors,
and other interested parties acknowledged that the shelter was needed, but felt that it would
continue to be a nuisance and enforcement problem if it continued to run as is. Several
meetings were held, at which time the committee asked the applicant to address the
overcrowding situation, obtain a business license, clear electrical violations on the property,
clear health code violations (preparing meals for residents using a non-commercial kitchen),
I
March 14,2000
Board of Supervisors
File#: Land Use Permit#972081
Page 3
apply for a non-profit status 501(c) (3) with the IRS, and provide a detailed program
description, including job descriptions of employees and other service providers. By the
August 25, 1999 meeting, the applicants had not addressed the overcrowding of the shelter nor
applied for non-profit status. In addition, the program description was incomplete and did not
include the job descriptions of service providers nor was there an adequate description of the
services provided. However, the applicant did obtain a business license. Due to the lack of
responsiveness on the part of the applicant, the committee recommended that the land use
permit be denied. However, it was agreed, that conditions of approval should be prepared in
the event the East County Regional Planning Commission should make the necessary findings
and approve the application.
On October 4, 1999, the East County Regional Planning Commission opened the public
hearing, took testimony, and continued the items to the December 6, 1999 meeting. The
Commission gave direction to the applicant to provide a "clear and concise list'addressing the
non-profit 501(c)(3) status, a proposed timeline for meeting the Conditions of Approval, to
establish of an advisory group, and to reduce occupants to levels consistent with the Building
Code.
The East County Regional Planning Commission felt that the applicant had not responded
adequately to the direction given at the previous meeting, therefore denied the land use permit
at the December 6, 1999 hearing. On December 16, 1999, the applicant appealed the
decision of the East County Regional Planning Commission.
Since the appeal was filed, the applicant has addressed the issues brought up by the Planning
Commission and complied with some of the Conditions of approval. The applicant provided
staff with a copy of the acknowledgement from the IRS of receipt of the application for a non-
profit 501(c)(3)tax-exempt status. The applicant has provided additional information regarding
the program. The applicant also scheduled an inspection by the County Assessor's Office to
sort out the discrepancies in the size of each of the units. Based on the assessor's
calculations made on February 9, 2000, the occupancy of the shelter is recommended to be 54
people in the cottages. The four bedroom house is occupied by residents and is also used as
a meeting place. The applicant is requesting the occupancy of the four bedroom house to be
permitted for 16 people. Staff is recommending that the occupancy of the four bedroom house
be limited to 12 people, until the dining hall and classrooms are constructed, which will free up
additional space in the house for residents. The applicant is proposing to expand the shelter
with construction of eight additional units, commercial kitchen and classrooms. Based on the
proposed new construction at the site. The three bedroom modular house is currently used as
the managers residence. The applicant is also requesting occupancy of the three bedroom
modular house to be permitted for 13 people. Staff is recommending that the occupancy be
limited to 12 people and only after alternate housing for the on-site manager is constructed.
The total recommended occupancy of the existing buildings is 66. Build-out occupancy is
recommended to not exceed 98 people. It should be noted that if any of the cottages are
proposed to be used as an office, manager's unit, or childcare center, the potential occupancy
of that unit shall be reduced from the overall occupancy of the shelter. The applicant has also
requested the existing mobile home on the site be allowed to remain until after construction is
March 14,2000 ` x%
Board of Supervisors
File#: Land Use Permit#972081
Page 4
completed However given the unknown time in which the buildout is to be completed, staff is
recommending the mobile home be removed within 60 days.
Following is a breakdown of the size and occupancy for each unit.
UNIT# DESCRIPTION AREA(SQ.FT.) MAXIMUM
OCCUPANCY
COTTAGES:
UNIT#1 2 BEDROOM 776 7
UNIT#3 2 BEDROOM 680 6
UNIT#4 1 BEDROOM 431 4
UNIT#6 1 BEDROOM 384 3
UNIT#7 LAUNDRY ROOM 0
UNIT#8 1 BEDROOM 527 5
UNIT#10 2 BEDROOM 638 6
UNIT#11 1 BEDROOM 216 1
UNIT#12 1 BEDROOM 360 3
UNIT#16 2 BEDROOM 653 6
UNIT#17 1 BEDROOM 434 4
UNIT#18 1 BEDROOM 352 3
UNIT#19 1 BEDROOM 405 3
UNIT#20 1 BEDROOM 360 3
MAXIMUM OCCUPANCY FOR COTTAGES 54
4 BEDROOM HOUSE (1,637 sq.ft.) 12/16"
TOTAL OCCUPANCY FOR EXISTING UNITS 66
3 BEDROOM MODULAR UNIT Managers
unit/office/12•
TWO PROPOSED ONE-BEDROOM UNITS 335 EACH 6
UPPER FLOOR PROPOSED SIX UNITS 377 EACH 18/12`"
TOTAL OCCUPANCY AT BUILD-OUT 90/98
`occupancy permitted after construction of new facilities.
`*occupancy changes if managers office/residence occupies part of the building
CONCLUSION
Since the applicant has addressed the issues brought forward by both the Bay Point Municipal
Advisory Council (MAC) and Project Area Committee(PAC)subcommittee and the East County
Regional Planning Commission, staff believes the required findings for a Land Use Permit can
now be made. Therefore, staff is recommending the Board of Supervisors grant the appeal
and approve the land use permit.
March 14,2004 �'� �
Board of Supervisors
File k Land Use Permit#972081
Page 5
REQUIRED FINDINGS FOR A LAND USE PERMIT
1. Required Finding: That the proposed use will not adversely affect the orderly
development of property within the County.
The proposed shelter would be compatible with nearby existing uses. The
General Plan calls for mixed use and residential uses in the vicinity. The
proposed conditions of approval (landscaping, placing the modular unit on a
permanent foundations, etc.) would enhance the attractiveness of the
neighborhood. The shelter does not interfere with the provisions of urban
services (sewer, water, fire protection, etc.)to the neighborhood and community.
The community services and facilities necessary to meet the demands of the
shelter program are already present.
2. Required Finding: That the proposed conditional land use permit is not
detrimental to the health, safety, and general welfare of the County.
The applicant has been working diligently with the Building Inspection
Department to clear violations. According to staff all life threatening violations
have been corrected. The applicant is continuing to work with the Building
Inspection Department to resolve minor issues that have not been resolved.
Condition of Approval #2 requires an annual review of the permit to ensure
continued compliance with the Conditions of Approval.
3. Required Finding: That the proposed use, as conditioned, will not adversely
affect the preservation of property values and protection of the tax base within
the County.
The shelter, as conditioned, would be required to satisfy a number of operational
conditions to assure that the use will no longer be detrimental to the value of
nearby properties, nor the County tax base. Exterior improvements would be
required to enhance the appearance of the site, which benefit the neighborhood
as a whole. The presence of a full-time supervising staff helps prevent the
facility from becoming an attractive nuisance.
4. Required Finding: That the proposed use will not adversely affect the policies
and goals set by the General Plan.
An eleemosynary (non-profit charity) use is expressly identified as a permitted
use in the Retail Business and Multi-family Residential district. The applicant
has applied for the IRS 501(c)(3) non-profit status. Correspondence from the
IRS dated December 17, 1999 states that the anticipated time period for a
March 14,2000 ;
Board of Supervisors
File#: Land Use Permit#972081
Page 6
response is four months. Condition of Approval #6 requires the applicant
provide evidence of the IRS 501(c)(3) non-profit status within 90 days of the
approval and annually, thereafter.
5. Required Finding: That the proposed use will not create a nuisance and/or
enforcement problem within the neighborhood.
The applicant has been working with the Building Inspection Department to clear
violations. According to staff, all life-threatening violations have been corrected.
The applicant is continuing to work with the Building Inspection Department to
resolve minor issues that have not been resolved. If the applicant complies with
the attached conditions of approval, the use would not be a nuisance or code
enforcement problem. Condition of Approval #2 requires an annual review of
the permit to ensure continued compliance with the Conditions of Approval.
6. Required Finding: That the proposed use will not encourage marginal
development within the neighborhood.
The site is located within a redevelopment area, slated for mixed uses, including
commercial, retail, and residential uses. The requirements for physical
improvements (i.e., landscaping and permanent foundation for the modular unit)
will improve the area. Thus, approval of the proposed project will not draw less
desirable development to the community.
7. Required Finding: That special conditions or unique characteristics of the
subject property and its location or surroundings are established.
The site is uniquely suited for a shelter in that the existing residential units
provide the necessary housing. The site is located near public transportation.
In the absence of the shelter, the residential units could be rented out to
persons, without being subject to the attached conditions of approval or rules
imposed by the applicant. Evidence: Pages 3 - 5 of the staff report.
W:\MATVupV_P972081 bol.doc
ADDENDUM TO ITEM D. 5
.March 14, 2000 Agenda
This is the time noticed by the Clerk of the Board for the hearing on the appeal by Love-
A-Child-Ministries—Jerome Knott(Applicant), Edward and Mary Knott(Owners), from
the decision of the East County Regional Planning Commission for a land use permit
approval(County File#LP97-2081). The proposed project includes legalizing an
existing homeless shelter for approximately 62 residents, it includes 13 cottages, and a
four bedroom house. The request also includes a three bedroom modular house for the
manager's residence. The applicant plans to expand the shelter by adding two residential
units, converting one cottage to a day care center, construction of additional classroom
space, a dining hall, and a commercial kitchen. The subject site is located on 1.27 acres
on the south side of Willow Pass Road, approximately 80 ft. west of Bella Vista Avenue.
The address is 2279 and 2301 Willow Pass Road, Bay Point area.
Maureen Toms, Senior Planner, Community Development Department,presented the
staff report and noted there were unresolved issues regarding this matter.(See the staff report
background). Dennis Barry, Community Development Department Director and Silvano
Marchesi, Chief Assistant County Counsel were also present.
The public hearing was opened, and the following people appeared to speak:
George Delacruz,Bay Point Municipal Advisory Council, 3569 Sharon Court,
Bay Point and Mark Sullivan, 35 Bella Vista Avenue, Bay Point.
Following public comment, the Board discussed the issues. Supervisor Canciamilla
expressed concern regarding issues including future permitting,property safety,unmet
conditions, the undetermined size of the units, and the non-profit application. He moved
to continue the hearing for 60 days to May 16, 2000, at 1:00 p.m. Supervisor Gioia
seconded the motion.
The vote was unanimous. The Board took the following action:
CONTINUED the hearing on the appeal by Love-A-Child-Ministries to
May 16,2000, at 1:00 p.m.
Resolution No.32-1999
East County Regional Planning Commission
County File#LP972081
RESOLUTION OF THE EAST COUNTY REGIONAL PLANNING
COMMISSION, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
INCORPORATING FINDINGS AND RECOMMENDATIONS ON THE
REQUEST BY JEROME KNOTT FOR LAND USE PERMIT APPROVAL
(County File #LP972081) IN THE BAY POINT AREA.
On November 17, 1997, Jerome Knott (Applicant) and Edward and Mary Knott (Owners)
filed an application pertaining to a project on a 1.27 acre site in the Bay Point Area for Land Use
Permit and development plan approval to legalize an existing homeless shelter for approximately 62
residents; and
For purposes of compliance with the California Environmental Quality Act (CEQA), staff
determined that the project would not result in any significant environmental impacts,and a proposed
Negative Declaration was posted and noticed as required by law; and
After notice was lawfully given,the project was scheduled for hearing before the East County
Regional Planning Commission on October 4, 1999 at which at which time testimony was taken and
at the conclusion of which the hearing was continued to December 6, 1999. After taking additional
testimony on December 6, 1999, the hearing was closed and the East County Regional Planning
Commission denied the project.
The County Planning Commission having fully reviewed, considered and evaluated all the
testimony and evidence submitted in this matter;
RESOLVED, that the East County Regional Planning Commission denied the project.
I. Required Finding: That the proposed conditional land use permit is not
detrimental to the health, safety, and general welfare of the County.
If the applicant were to comply with the proposed conditions of approval,
the use would not be detrimental to the health, safety, and general welfare
of the County. However, the existing shelter has had a history of health
and safety code violations. The applicant did not provide the evidence that
the use would not continue to be detrimental to health and safety. Further,
the applicant did not submit the information requested by the Commission,
which could have supported the finding.
2. Required Finding: That the proposed use will not adversely affect the
orderly development of property within the County.
Page 1
I
Resolution No.32-1999
East County Regional Planning Commission
County File#LP972081
The proposed shelter would be compatible with nearby existing uses. The
General Plan calls for mixed use and residential uses in the vicinity. The
proposed conditions of approval(landscaping,placing the modular unit on
a permanent foundations, etc.) would enhance the attractiveness of the
neighborhood. The shelter does not interfere with the provisions of urban
services (sewer, water, fire protection, etc.) to the neighborhood and
community. The community services and facilities necessary to meet the
demands of the shelter program are already present.
3. Required Finding: That the proposed use, as conditioned, will not
adversely affect the preservation of property values and protection of the
tax base within the County.
The shelter, as conditioned, would be required to satisfy a number of
operational conditions to assure that the use will no longer be detrimental
to the value of nearby properties, nor the County tax base. Exterior
improvements would be required to enhance the appearance of the site,
which benefit the neighborhood as a whole. The presence of a full-time
supervising staff helps prevent the facility from becoming an attractive
nuisance.
4. Required Finding: That the proposed use will not adversely affect the policies
and goals set by the General Plan.
An eleemosynary (non-profit charity) use is expressly identified as a use
permitted, subject to approval of a land use permit,in the Retail Business and
Multi-family Residential districts. Evidence that the applicant is a non-profit
entity with an IRS 501(c)(3)status was not provided,therefore the finding of
consistency with the policies and goals of the General Plan could not be made.
5. Required Finding: That the proposed use will not create a nuisance and/or
enforcement problem within the neighborhood.
If the applicant complies with the attached conditions of approval, the use
would not be a nuisance or code enforcement problem. However, the
existing use has had a history of code violations and has been an enforcement
problem in the neighborhood. Evidence: Pages 3 - 5 of the staff report.
6. Required Finding,: That the proposed use will not encourage marginal
development within the neighborhood.
Page 2
Resolution No.32-1999
East County Regional Manning Commission
County File#LP972081
The site is located within a redevelopment area, which is planned for mixed
uses, including commercial, retail, and residential uses. The requirements for
physical improvements (i.e., landscaping and permanent foundation for the
modular unit)will improve the area. Thus, approval of the proposed project
will not draw less desirable development to the community.
7. Required Finding: That special conditions or unique characteristics of the
subject property and its location or surroundings are established.
The site is uniquely suited for a shelter in that the existing residential units
provide the necessary housing. The site is located near public
transportation. In the absence of the shelter,the residential units could be
rented out to persons without being subject to the attached conditions of
approval or rules imposed by the applicant. Evidence: Pages 3 - 5 of the
staff report.
The decision of the East County Regional Planning Commission was given by motion of the East
County Regional Planning Commission on Monday, December 6, 1999 by the following vote:
AYES: Commissioners - McVittie, Dell,
NOES: Commissioners - Day,
ABSENT: Commissioners -None.
ABSTAIN: Commissioners—Ashe, Harper.
On December 16, 1999, an appeal of the County Planning Commission's denial of the Land
Use Permit application was received from Jerome Knott.
WALTER MAC VITTIE
Chair of the East County Regional Planning Commission
County of Contra Costa, State of California.
I, Catherine Kutsuris, Secretary of the East County Regional Planning Commission, hereby
certify that the foregoing was duly called and approved on December 6, 1999.
ATTEST:
Catherine K.utsuris, Secretary of the
East County Regional Planning Commission,
Contra Costa County, State of California.
W AMAT4upVp972081res.doc
Page 3
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CONDITIONS OF APPROVAL FOR.LAND USE PERMIT #972081
(Love-A-Child Ministries Shelter for Women and Children)
1. The Land Use Permit request to legally establish a homeless shelter for women and children
to accommodate 66 people and expand the facility to accommodate 98 people is generally
approved as shown on revised drawings dated received by the Community Development
Department on April 26, 1999, and revised plans received October 13, 1999, with
modifications as described in the conditions of approval. Final design of proposed
improvements are subject to the review and approval of the Zoning Administrator.
2. The use is subject to an annual review by the Zoning Administrator. By June
30 of each year,the applicant shall submit a report describing compliance with
each of the following Conditions of Approval. A copy of the report shall be
forwarded to the Bay Point Municipal Advisory Council and the Bay Point
Project Area Committee. The Zoning Administrator may set the matter to
Public Hearing, at which time may approve the annual report or set the
permit for revocation of the Land Use Permit if cause exists. The cost of the
annual review shall be paid by the applicant.
3. The mobile home at the rear of the site shall be removed within 60 days ofthis
approval.
4. The modular home at the front of the property shall placed on a permanent
foundation. The applicant shall obtain all necessary building permits for the
foundation within 60 days of this approval.
5. The units shall be cleared of any violations by the County Building Inspection
Department within 60 days of this approval. Occupancy of the three and four
bedrooms units shall comply with all building code and fire code regulations
related to occupancy levels.
Shelter Operations
6. The shelter shall be managed by a non-profit organization with an IRS
541(c)(3)status. Evidence of such status shall be provided within 90 days of
approval and annually, hereafter.
7. An advisory board must be established with representation from the
neighborhood,Bay Point MAC or PAC, medical personnel,law enforcement,
and the homeless ombudsman to regularly review shelter operations and
advise the operator on maintaining harmonious relations with the
neighborhood.
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8. Applicant shall show evidence that the operation is licensed by the State, as
required, within 90 days of this approval.
9. Occupancy levels shall not exceed those set by section 310.7 of the Uniform
Building Code. The applicant shall also comply with the building code
requirements for occupancy of structures by more that ten people. This level
is 54 individuals in the 13 cottage units. The four bedroom house on the site
may be occupied by 12 people and increase to 16 people once the dining hall
and classrooms are constructed. The modular house is to be occupied by the
caretaker/manager. The modular three bedroom house may be occupied by
12 people once the new managers unit is constructed. Occupancy may be
increased by 24 individuals upon completion of eight additional units as shown
in the plan submitted October 13, 1999. Should any of the units be used for an
office or employee residence, the potential occupancy may not be shifted to
other units. The dining hall shall be constructed before any of the new units
are occupied.
10. The existing unit#20 may be converted to a childcare center consistent with
State licensing requirements for a childcare center. Occupancy of the shelter
shall be reduced by three individuals prior to converting the unit to a child
care center.
The Program
11. The applicant shall be responsible for ensuring the clients follow all rules and
regulations identified in the program description received by the Community
Development Department on August 24, 1999.
12. Clientele(program residents) admitted to the program shall be screened at a
site outside the neighborhood or interviewed by telephone. A description of
the screening procedure, subject to the review and approval of the County
Zoning Administrator, shall be submitted within 30 days of the approval.
13. In the event that evidence is found that a program resident is under the
influence of alcohol or an illicit drug, that individual shall be immediately
evicted from the shelter and transferred by motor vehicle to another shelter
facility or service provider.
14. Clientele with substance abuse problems shall participate in a licensed rehab
program. The rehab component of the program shall be licensed by the State.
15. Unemployed or underemployed clientele shall also be enrolled in job training
and/or an education program through an adult education program through the
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local school district, community college district, or other service provider.
16. The applicant shall be responsible for ensuring the clients follow all rules and
regulations identified in the program description received by the Community
Development Department on August 24, 1999.
17. The applicant shall diligently attempt to develop and maintain good and
respectful relations with nearby residents and businesses,and shall counsel and
restrict clientele accordingly. The grounds of the shelter shall be maintained in
good condition at all times.
Landscaping
18. A landscaping and irrigation plan for all areas shown on the plan shall be
submitted for review and approval of the Zoning Administrator at least 30
days prior to issuance of building permits. The plan shall include landscaping
in front of wall along Willow Pass Road and Modular unit. A cost estimate
shall be submitted with the landscaping program plan. Landscaping shall
conform to the County Water Conservation Landscape Ordinance 82-26 and
shall be installed prior to approval of final building permit. The plan shall be
prepared by a licensed landscape architect and shall be certified to be in
compliance with the County Water Conservation Ordinance,
19. All signs shall be subject to the review and approval of the Zoning
Administrator . No other outside displays are permitted.
20. Exterior lights shall be deflected so that lights shine onto application's
property and not toward adjacent properties.
21. All dwelling units shall have house numbers that are visible from the street
which may require illumination.
22. Development plans for multiple-family residential projects shall indicate a
suitably enclosed area for the purpose of locating recycling bins for paper,
glass and cans. Such area will not be less than 10 feet by 12 feet in area, and
the enclosure shall be at least 6 ft. high.
Noise
23. New residences or other new habitable structures shall be designed to comply
with the Sound Transmission Control Standards of the Uniform Building
Code for the State of California 1989 Amendments.
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Archaeological Review Requirements
24. Should archaeological materials be uncovered during grading, trenching or
other on-site excavation(s), earthwork within 30 yards of these materials shall
be stopped until a professional archaeologist who is certified by the Society of
Professional Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation(s), if deemed
necessary.
Grading
25. The applicant shall submit grading plans and erosion control plans for review
and approval of the Community Development Department prior to issuance of
grading permits.
26. Grading plans shall indicate how the project will comply with the Recycled
Water Ordinance(Ord. No. 91-24).
27. All cut and fill slopes shall be revegetated as soon as possible after grading
when seasonal conditions are favorable to seed germination and plant growth.
28. At least 30 days prior to the issuance of a grading permit, an erosion control
plan shall be submitted for the review and approval of the Grading Section of
the Building Inspection Department. The erosion control plan shall provide
for the following measures: All grading, excavation and filling shall be
conducted during the dry season(April 15 through October 15)only, and all
areas of exposed soils shall be replanted to minimize erosion and subsequent
sedimentation. After October 15, only erosion control work shall be allowed
by the grading permit. Any modification to the above schedule shall be
subject to review by the Grading Section of the Building Inspection
Department and the review and approval of the Zoning Administrator or other
designated City official.
Construction Conditions:
29. Contractor and/or developer shall comply with the following construction,
noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as
power generators, 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 restrictions on allowed working days may be
modified on prior written approval by the Zoning Administrator .
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B. The project sponsor shall,require their contractors and subcontractors
to fit all internal combustion engines with mufflers which are in good
condition and shall locate stationary noise-generating equipment such
as air compressors and concrete pumpers as far away from existing
residences as possible.
C. At least one week prior to commencement of grading, the applicant
shall post the site and mail to the owners of property within 300 feet
of the exterior boundary of the project site notice that construction
work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility.
The person responsible for maintaining the list shall be included. The
list shall be kept current at all times and shall consist of persons with
authority to indicate and implement corrective action in their area of
responsibility. The names of individuals responsible for noise and
litter control,tree protection, construction traffic and vehicles,erosion
control, and the 24-hour emergency number, shall be expressly iden-
tified in the notice. The notice shall be re-issued with each phase of
major grading and construction activity. A copy of the notice shall be
concurrently transmitted to the Community Development Department.
The notice shall be accompanied by a list of the names and addresses
of the property owners noticed, and a map identifying the area
noticed.
D. A dust and litter control program shall be submitted for the review and
approval of the Zoning Administrator. Any violation of the approved
program or applicable ordinances shall require an immediate work
stoppage. Construction work shall not be allowed to resume until, if
necessary, an appropriate construction bond has been posted.
E. The applicant shall make a good-faith effort to avoid interference with
existing neighborhood traffic flows. Prior to issuance of building
permits, the proposed roads serving this development shall be
constructed to provide access to each portion of the development site.
This shall include provision for an on-site area in which to park earth
moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week
days between the hours of 9:00 AM and 4.00 PM.
G. The site shall be maintained in an orderly fashion. Following the
cessation of construction activity, all construction debris shall be
removed from the site.
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30. The applicant shall use sound engineering judgement and the latest Uniform
Building Code (UBC) requirements as a minimum. Implementation of this
mitigation measure will reduce this impact to less than significant.
PUBLIC WORKS RECOMMENDED
CONDITIONS OF APPROVAL FOR PERMIT 97-2081
Applicant shall comply with the requirements of Title 8,Title 9,and Title 10 of the Ordinance
Code. Any exceptions must be stipulated in these Conditions of Approval. Conditions of
Approval are based on the on revised site sketch received by the Public Works Department on
April 12, 1999.
COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO
ISSUANCE OF A BUILDING PERMIT AND PRIOR TO INITIATION OF THE USE
PROPOSED UNDER THIS PERMIT:
General Requirements:
30. Conformance with the following conditions of approval will be
determined by the Public Works Department.
Site Access:
31. Any modification to the existing driveways (i.e., adding gates) shall be
subject to the review and approval of the Public Works Department, and
require an encroachment permit for any work within the County right-of-way.
Any gates shall be located to allow sufficient room for waiting cars to stack
on-site without encroaching onto the Willow Pass Road right of way, subject
to the review of the Public Works Department and review and approval of
the Zoning Administrator. No gates shall swing onto the Willow Pass Road
right of way.
Utilities/Undergrounding:
32. Applicant shall underground all new utility distribution facilities.
Drainage Improvements
Collect and Convey:
32. The applicant shall collect and convey all stormwater entering and/or
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originating on this property,without diversion and within an adequate storm
drainage facility,to an adequate natural watercourse having definable bed and
banks, or to an existing adequate public storm drainage facility which conveys
the storm waters to an adequate natural watercourse, in accordance with
Division 914 of the Ordinance Code.
Miscellaneous Drainage Requirements:
33. Applicant shall prevent storm waters from draining across the
sidewalk(s) and driveway(s) in a concentrated manner.
National Pollutant Discharge Elimination System (NPDES):
34. The applicant shall be required to comply with all rules, regulations and
procedures of the National Pollutant Discharge Elimination System
(NPDES)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 -Region II, or
Central Valley-Region IV).
Compliance shall include developing long-term best management practices
(BMP's) for the reduction or elimination of storm water pollutants. The
project design shall incorporate wherever feasible, the following long-term
BMP''s in accordance with the Contra Costa Clean Water Program for the
sites storm water drainage.
- Offer pavers for household driveways and/or walkways.
- Minimize the amount of directly connected impervious surface area.
- Stencil all storm drains with thermoplastic tape saying: "No Dumping,
Drains to Delta."
- Seal trash bins to prevent leakage, or place them within a covered
enclosure.
- Distribute public information items regarding the Clean Water
Program to residents.
- Other alternatives as approved by Public Works.
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72,r
ADVISORY NOTE
A The applicant will be required to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Bay Point Area of Benefit and the Eastern Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors.
Buildings existing on the site as of May 1999,including the three-bedroom modular home on
2301 Willow Pass Road, will be exempt from AOB fees.
B. The applicant/owner should be aware of the(Land Use Permit)expiration dates and renewing
requirements prior to requesting building or grading permits.
C. Comply with the requirements of the Sanitary District.
D. Comply with the requirements of the Consolidated Fire Protection District.
E. Comply with the requirements of the County Environmental Health Division.
F.. Comply with the requirements of the Contra Costa County Health Services.
G. Comply with the requirements of the California Cities Water District.
H. Comply with the requirements of the Building Inspection Department,including requirements
related to occupancy levels. Building permits are required prior to the construction of most
structures.
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