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HomeMy WebLinkAboutMINUTES - 04182000 - D7 TO: BOARD OF SUPERVISORS . °: :• Contra FROM: DENNIS M. BARRY, AICD � °^ Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: APRIL 18, 2000 SUBJECT: THIS IS A PUBLIC HEARING TO CONSIDER IF CAUSE EXISTS TO REVOKE COUNTY FILE LP952O61 APPROVED BY THE SAN RAMON VALLEY REGIONAL PLANNING COMMISSION ON MAY 19, 1999. THE SUBJECT PROPERTY IS ADDRESSED #3212 DANVILLE BLVD., IN THE ALAMO AREA. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Staff recommends the Board of Supervisors revoke County File LP952O61 for non- compliance With the Conditions of Approval. FISCAL IMPACT Staff estimates the cost for processing the revocation proceedings to be $1000.00. CONTINUED ON ATTACHMENT: X YES SIGNATURE C RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S):. ACTION OF BOARD ON Ancil 18 2000 APPROVED AS RECOMMENDED OTHER_M SEE THE ATTACHED ADDENDUM FOR BOARD ACTION. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND XX UNANIMOUS(ABSENT - - } CORRECT COPT' OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Debbie Chamberlain(929)335-1213 ATTESTED April 18, 2000 cc: County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMININISTRATOR Community Development Public Works B + ,DEPUTY DJC/mp Kmp/beard orders/LP952061 Date April 18,2000 Board of Supervisors File#LP952061 Page 2 BACKGROUND On May 5, 1998 the Board of Supervisors revoked Land Use Permit LP952061 for non- compliance with the Conditions of Approval. Subsequently, on May 19, 1998 the Board of Supervisors granted a request for reconsideration based on new pertinent information that was not brought before of the Board of Supervisors prior to rendering their decision. Subsequently on July 19, 1998 the Board rescinded their decision of May 5, 1999 and approved LP952061 with modified Conditions of Approval. The land use permit expired on July 10, 1998. On May 19, 1999, the San Ramon Valley Regional Planning Commission approved a new land use permit to permanently establish the use. The Conditions of Approval expressly prohibited the sale of Christmas trees without approval of a new land use permit. A copy of the current permit is included with this Board Order. BOARD OF SUPERVISORS AUTHORITY TO HEAR REVOCATION PROCEEDINGS County Code Section 26-2.2024 establishes the authority for determining the appropriate planning agency for hearing the revocation proceedings. The Code requires that if the Board of Supervisors has made a decision on the permit related to a revocation or an appeal of a revocation, then the matter shall be scheduled before the Board of Supervisors. While the Commission granted a permit to continue operation of the land use permit on May 19, 1999, the revocation proceedings by the Board of Supervisors from May to July of 1998 require the Board to hear the matter. VIOLATION The applicant, Dale Bridges, was notified on November 30, 1999 that he was in violation of Condition of Approval #6 and #10 by having an inflatable Santa and operating a Christmas Tree sales lot. The conditions of approval are as follows: #6 No banners, banner signs, inflatable figures or balloons shall be permitted on site. #10 This application is approved for a used-car dealership. Any changes and modifications to the approved use shall require a new land use permit application. The use of the subject lot for Christmas tree sales shall require a new land use permit. The applicant was given five days to discontinue the sale of Christmas trees and remove the inflatable Santa. On December 7, 1999 staff conducted a field visit and determined that the violation was still ongoing. On December 8, 1999, the Building Inspection Department, Code Compliance Division issued a citation under County Code Section 82-2.006. The citation required Mr. Bridges to appear in Court on January 26, 2000. Mr. Bridges was fined $270.00. Date April 18,2000 Board of Supervisors File#LP952061 Page 3 While the sale of Christmas trees was discontinued at the end of the holiday season, the applicant continued to sell Christmas trees and display the inflatable Santa following notice of the violation on November 30, 999. CAUSES FOR REVOCATION The ordinance authorizes the County to revoke a permit for any of the following reasons: 1} continued violation of the terms, limitations, or conditions of the permit after notice of the violation; 2) violation of requirements of this code relating to the premises or activities authorized; 3) failure to abate a nuisance after notice; 4) any suspension or revocation of a license required for the conduct of the business on the premises covered by the permit; or 5) any act or failure to act resulting in the conviction of a permittee, operator, or employee of a violation of Federal or State law, or County ordinance in connection with the operation of the permitted use. Section 26-2.2026 of the Ordinance Code places the burden of proving any charges relating to determination of whether cause exists to revoke a permit on the County. CONCLUSION County Code Section 26-2.2006 identifies the findings which are required to be made in approving a land use permit. Included, is a finding that the use will "not create a nuisance and/or enforcement problem within the neighborhood or community." The March 14, 1998 Board Order, included within, provides a history of the previous violations and delays by applicant in responding to requests from the County to comply with the Conditions of Approval. The County Code is quite clear regarding grounds on which a permit may be revoked. Based on previous documentation regarding the County's notification to the applicant of non- compliance with the Conditions of Approval and the applicant's failure to resolve the issues following notification within the requested time frame, staff recommends the Board of Supervisors revoke the land use permit. `P 7 ©ate April 18,2000 Board of Supervisors File#LP952061 Page 4 POTENTIAL ALTERNATIVE ACTIONS AVAILABLE TO THE BOARD OF SUPERVISORS In the event that the Board of Supervisors determines that one or more causes exist to revoke the Permit, but would prefer to explore remedial action, then the Board of Supervisors could consider the following: 1) order other items, limitations, or conditions; 2) order a probationary period for correction or implementation of new requirements; or 3) order a combination of the above. �1 ADDENDUM TO ITEM D,7 April 18, 2000 Agenda This is the date and time noticed by the Clerk of the Board for Supervisors for the Hewing to DrA=ine If Cause Exists tg Revoke Laud 11fic 1!=it#LP 95-2061 at 3212 Danville Blvd., A__la= tate Bridges(A=licano and peter Qawskky(Ommox). This determination is requested by the Community Development Department. The permit was granted subject to compliance with the Conditions of Approval. The permit prohibited the sale of Christmas trees without an approved land use permit, and the display of inflatable figures. Pursuant to Subsections 26-2.2022 (1 and 2) of the Ordinance Code the(1) failure to comply with the conditions of the permit; and(2) noncompliance with the Zoning Ordinance as it pertains to the sale of Christmas trees and the display of inflatable figures. The subject site is a 0.43 acre site fronting approximately 162 feet on the east side of Danville Boulevard, approximately 290 feet south of Alamo Square, Alamo area. Those present included Dennis Barry, Director, Community Development Department and Silvano Marchesi, Chief Assistant County Counsel. Debbie Chamberlain,Principal Planner, Community Development Department,presented the staff report and a brief history of the existing Land Use Permit issued for the site. Supervisor Gerber questioned whether the permitting process was discussed with Mr. Bridges. Ms. Chamberlain responded that it was, including the length of time it would take to have a permit issued. Supervisor Uilkema questioned that when Mr. Bridges received his Land Use Permit from the San Ramon Valley Regional Planning Commission,was it clear that if he wanted to do an auxiliary use,he would have to undergo a public hearing process, and it was not going to be the same as he had been doing in previous years. Ms. Chamberlain stated that it was clear. Supervisor Uilkema said it was her understanding that Mr. Bridges was no longer able to qualify for a seasonal Christmas tree permit. Ms. Chamberlain stated that was true, and read Condition of Approval No.10 to the Board. Following further Board discussion, Mr. Barry noted that for the record,Mr. Bridges was not an appellant. In this revocation proceeding,the burden of proof is on the department. The Board continued to discuss the matter. The public hearing was opened, and the following people appeared to speak: Dale Bridges,Applicant, 3212 Danville Blvd.,Alamo; Lori and Casey Hock, 62 Heather Garden Lane, Danville; Walter Fahey, 380 Diable Road, Danville; Barbara Safran, 1201 Alta Vista Drive, Walnut Creek; Linda Bailey, of the Lion's Club, 380 Diablo Road, Danville; Santa Claus, aka Joe Rubi, 8 Kingston Place,Pittsburg; Gloria Wright, 1266 62"d Street,#B,Emeryville; Mother Mary Ann Wright, The Mary Ann Wright Foundation,1112 26th Street, Oakland; Pam Gaya, 895 Holly Hill Drive, Walnut Creek; Kim Perez, 8104#4 Ensenada Drive,Pleasant Hill; Jim Walberg,Prudential California Realty of Danville, 380 Diablo Road,#100, Danville; Stephanie Mahaffy, 1814 Pleasant Hill Road,Pleasant Hill; Glen Langston, 340 David Lane,Alamo; Chris Moulis, 644 Crystal Springs Court,Danville; Grace Fendeesen, 3057--1 Lakemont Drive, San Ramon; Vickie Coker,2567 Danville Blvd.,Alamo; Gene DeBolt, 811 San Ramon Valley Blvd., San Ramon; Brian Thiessen,Attorney for Applicant,Box 949,Alamo. 1 /yXPf W The following people offered comments,but did not wish to speak: Tony Gomez, 121 Diablo Road,Danville; Mary Diehl Rosenberg, 36 Lariat Court, Walnut Creek; Barbara Duncan, 7774 Tuscany Drive,Dublin; and Caroll Barnes, 285 Second Avenue South, Pleasant Hill. The hearing was closed, and the Board continued to discuss the matter. Dennis Barry informed the Board that the Community Development Department recently received an application from Mr. Bridges to amend the Land Use Permit to allow for Christmas tree sales. He stated that he didn't know whether the application was complete,but generally with a simple one such as this, it is relatively easy to make it complete if it is not already. During the estimated 4 month period to get the matter to hearing, Mr. Barry said it would be his intention, as the Zoning Administrator,to refer the matter to the San Ramon Valley Regional Planning Commission for hearing. Further,Mr. Barry noted there were uncontroverted facts in this matter. One, all the charitable works Mr. Bridges has performed, and another is the fact that the Conditions of Approval were not complied with after the notice, and there were continual violations. The code requires staff to investigate these matters and bring it to a hearing after notice and continuing violation. Condition No. 10 does not simply say he needs a new permit for tree sales, it says a Land Use Permit. The Conditions of Approval approved by the San Ramon Valley Regional Planning Commission were not appealed, and after the 10 day appeal period,they became final and accepted by Mr. Bridges. Mr. Barry stated that it would be appropriate to remind Mr. Bridges that Condition No.14 of his permit,requires that the applicant submit a compliance report for review by the Zoning Administrator every 12 months from the effective date of the permit for the first 3 years. That first compliance review will be May since the effective date is May 31, 1999,Mr. Bridges should submit the first compliance report to the Zoning Administrator before that date. Mr. Barry stated the Board's options were, to revoke the permit,not to revoke the permit, or to modify the Conditions. Since an application has been received, staff recommended to modify their recommendation and continue the matter for 4 months to allow for processing and hearing of the permit, and to direct staff to return at that time with a report on the Zoning Administrator's Findings of Compliance under Condition of Approval No. 14, on the disposition of the applicant's request for modification of the Land.Use Permit, and the Commission's decision thereon. In terms of other Conditions of Approval, Community Development Department staff would want the Public Works Department's staff to review the improvements that have been completed under the Conditions of Approval under the Land Use Permit. Following further discussion by the Board, Supervisor Gerber moved that the Board continue the matter to August 8,2000, at 11:00 a.m. Debbie Chamberlain, in response to Supervisor Gerber's questions, advised the Board that staff will report back to the Board on the compliance issues at the August meeting. Supervisor Canciamilla seconded the motion. Dennis Barry noted that the matter could be continued to September,however, Mr. Bridges' attorney stated the August date was preferable. Following further discussion,the Board voted unanimously to support the motion. IT IS BY THE BOARD ORDERED that this matter be continued to August 8,2000, at 11:00 a.m. 2 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: Dale Bridges APPLICATION NO. LP952061 3212 Danville Blvd. Alamo, CA 94507 ASSESSOR'S PARCEL NO. 107-010-008 OWNER: Peter Ostrosky ZONING DISTRICT: R-B/S-2 17 Sugar Loaf Terrace Alamo, CA94507 APPROVED DATE: 5/19/99 EFFECTIVE DATE: 5/31/99 This matter not having been appealed within the time prescribed by law, a permit for CONTINUANCE OF A USED CAR DEALERSHIP is hereby GRANTED subject to the attached conditions. DENNIS M. BARRY, AICP Director of Com pity Development By• L-�' px" ROBERT H. DRAKE Deputy Zoning Administrator Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE(1) YEAR from the effective date if the use allowed by this permit in not established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. FINDINGS AND CONDITIONS OF APPROVAL FOR A LAND USE PERMIT TO CONTINUE AN USED CAR DEALERSHIP, COUNTY FILE #LP952061 (Bridges - Applicant; Ostrosky - Owner) IN THE ALAMO AREA FINDINGS A. Land Use Permit Approval 1. Required Finding- That the proposed conditional land use shall not be detrimental to the health, safety, and general welfare of the County. Finding -The proposed project will not be detrimental to the health, safety, and general welfare of the County. The proposed use is a retail business located around other retail businesses within a Retail-Business Zoning District. The applicant has stated that no hazardous materials will be used on site. 2. wired Finding-- That it shall not adversely affect the orderly development of property within the county. Finding -The proposed use is a retail business located around other retail businesses within a Retail-Business Zoning District. The project conforms with its General Plan designation. The project as designed meets the requirements for its zoning district. The used car dealership will not interfere with the orderly development of the area. 3. Required Finding- That it shall not adversely affect the preservation of property values and the protection of the tax base within the county. Finding- The project has existed on the subject site for six years and is currently requesting a continuance of the use. The project is considered a permanent use at this time and is subject to full frontage improvements and other requirements associated with permanent uses. The project is a retail business located around other retail businesses. Therefore, there is no substantial evidence that it will Dave an adverse impact on property values or the tax base. 4. Required Finding- That it shall not adversely affect the policy and goals as set by the general plan. Finding - An used car dealership with outdoor displays is permitted with a land use permit under the Retail-Business District ordinance and conforms with the Commercial designation under the General Plan. The project is consistent with the General Plan floor area ratio required for areas designated Commercial. File#LP952061 Dale A. Bridges-Applicant,Peter Ostrosky-Owner 5. wired Finding - That it shall not create a nuisance andlor enforcement problem within the neighborhood or community. Finding -The project is an existing use that has been on the subject site for six years, and the current application is requesting a continuance of the existing use. No changes have been requested for the project as it was approved on December 2, 1996, by the Board of Supervisors. An used car dealership is consistent with the retail business uses in the vicinity. Also, issues related to the number of cars displayed on site, signs, and noise are addressed in the Conditions of Approval. Therefore, there is no substantial evidence that the use would cause a nuisance or enforcement problem. 6. Required Finding- That it shall not encourage marginal development within the neighborhood Finding - The proposed use is consistent with surrounding retail business uses. Due to the length of time that the use has existed on site, the project is being processed as a permanent use subject to full frontage improvements. Therefore, there is no substantial evidence that the project will result in marginal development in the neighborhood. 7. Required Finding- That special conditions or unique characteristics of the subject property and its location or surroundings are established Finding- Special conditions or unique characteristics of the subject property and its location or surroundings are established. The site is located in a Retail- Business District which allows for retail sales with outdoor displays subject to the approval of a land use permit. The proposal is consistent with the requirements of the Retail-Business District Ordinance. B. Growth Management Performance Findings 1. Traffic - The proposed project will not exceed the threshold for added traffic volume requiring a special traffic study. 2. Water- The East Bay Municipal Utility District has indicated that it is able to serve the proposed project. -2- t' `7 <°cJ File#GP9S2061 Dale A. Bridges-Applicant,Peter Ostrosky-Owner 3. Sewage Disposal -The project is located within the service district of the Central Contra Costa Sanitary District. The project is an existing use which proposes no changes from its current use. The project must meet the requirements of the Sanitary District. 4. Fire Protection-The site lies within the jurisdiction of the San Ramon Valley Fire District. Station#32 at 1101 Stone Valley Road, Alamo, is within one and a half miles from the project site. As a result, the project does not need to provide automatic sprinklers. 5. Parks& Recreation-The project is for a retail business and is not a residential development,therefore there is no requirement to provide a park dedication fee for this site. The project will not result in an increase of more than 1000 people to the community. 6. Public Protection-The project will not result in an increase of more than 1000 people to the community. Therefore, the project will not exceed the threshold requiring payment of sheriff services. 7. Flood Control and Drainage- The project is not located within a designated special flood zone. The Public Works Department has included Conditions of Approval for this project which address drainage issues. -3- File#LP952061 Dale A. Bridges-Applicant, Peter Ostrasky-Owner CONDITIONS OF APPROVAL 1. Development is approved as shown on plans received by the Community Development Department on May 3, 1999, subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit and subject to the conditions listed below. Development shall not deviate from the approved plans. The maximum number of cars displayed on site shall not exceed 23. In addition to the 23 display spaces, one employee parking space shall be located in the northeast corner of the property and one customer parking space shall be clearly designated and accessible to and from Danville Boulevard. 2. One boat/recreational vehicle space is permitted, located out of view of Danville Boulevard. This space is not in addition to the 23 cars displayed on-site. 3. Display cars shall not be parked along Danville Boulevard. 4. No repair work to automobiles shall be permitted on-site. 5. Non-operational vehicles shall not be stored on-site. 6. No banners, banner signs, inflatable figures, or balloons shall be permitted on-site. 7. The applicant shall continue to comply with the sign program approved by the Zoning Administrator as part of the Conditions of Approval for the permit granted on December 2, 1996, under LP952061. The sign program is approved for one sign on the main building on the site. There shall be no deviation from the approved sign program. 8. Prior to exercise of this land use permit, the applicant shall submit a lighting plan to the Zoning Administrator for review, approval, and execution. The lighting plan shall provide for lighting of the property with conventional cutoff lights for parking lots which are not to exceed 20-feet in height. There shall be no lighting of the property by building mounted lighting. 9. Prior to exercise of this land use permit, the applicant shall submit a landscape plan for review and approval by the Zoning Administrator. The landscape plan shall include border landscaping that completely fills the area between the back of the sidewalk and the right of way line, except where driveways are constructed. The border landscaping shall be a minimum of 24-inches high in order to screen the asphalt. The landscape plan shall also include landscaping with one 30-gallon(minimum) tree in the triangular area -4- File#LP952061 Dale A. Bridges-Applicant,Peter Ostrosky-Owner between the right of way line and parking stall number 1, as shown on the site plan. As part of the landscape plan, the applicant shall maintain the existing landscaping along Danville Boulevard. 10. This application is approved for an used car dealership. Any changes and modifications to the approved use shall require a new land use permit application. The use of the subject lot for Christmas tree sales shall require a new land use permit application. 11. All high noise-generating activities, including such things as power generators, power saws, and loud speakers shall be limited to the hours of 7:30 AM to 5:00 PM, Monday through Friday, and shall be prohibited on state and federal holidays. 12. The variances granted as a part of the Conditions of Approval for the permit approved on December 2, 1996, under LP952061 shall continue to apply as follows: Employee Parking A. 100%, 8-feet x 16-feet compact parking spaces. B. 28-feet required for parking back-up. 20-feet granted. Customer Parking 28-feet required for back-up. 20-feet granted. 13. Both the applicant and the property owner are fully responsible for county staff costs which exceed 120% of the initial application fee. Any additional costs due must be paid within 60 days of the permit effective date, or this land use permit (LP 95-2061) shall be subject to immediate revocation. The applicant can obtain the current status of staff costs on this application from the project planner. Invoice(s) for the additional costs will be mailed to the applicant shortly after permit issuance. 14. The applicant shall submit a compliance report for review by the Zoning Administrator every 12 months from the permit effective date for the first three years. Thereafter, the applicant shall submit a compliance report every 36 months for review by the Zoning Administrator. The report shall show compliance with the Conditions of Approval for this permit. The applicant shall be responsible for all costs associated with staff time required to review the compliance reports and submit all required fees with the compliance reports. -5- e 07 File#LP952461 Dale A. Bridges-Applicant,Peter Ostrosky-Owner PUBLIC WORKS CONDITIONS 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 plan submitted to Community Development on May 3, 1999. COMPLY WITH THE FOLLOWING CONDITIONS OF APPROVAL WITHIN SIX MONTHS FROM APPROVAL OF THE LAND USE PERMIT.NONCOMPLIANCE WITH THESE CONDITIONS SHALL BE GROUNDS FOR REVOCATION OF THE PERMIT. General Requirements: 15. The applicant shall submit improvement plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. Conformance with the following conditions of approval will be determined by the Public Works Department. Roadway Improvements: 16. The applicant is granted an exception from installation of frontage improvements, provided the property owner executes a deferred improvement agreement for the following improvements and associated work. If the improvements are not constructed by July 31,2000,this land use permit(LF 95-2051)shall be subject to immediate revocation. A. Construction of curb, 2 meter(6.5±foot) sidewalk(width measured from curb face), necessary longitudinal and transverse drainage, border landscaping and irrigation, pavement widening and transitions along the frontage of Danville Boulevard. Applicant shall construct face of curb 3 meters (IO±feet) from the ultimate right of way line. B. The applicant shall submit a preliminary sketch and profile to the Public Works Department, Engineering Services Division, showing the vertical and horizontal alignment of Danville Boulevard to determine the feasibility of salvaging the existing pavement.The preliminary sketch and profile shall extend a minimum of 30 m(100-L feet) beyond the limits of the proposed work. If the grade is unacceptable, the applicant shall level, overlay or remove and replace the pavement as necessary. C. Applicant shall cut existing pavement to a neat line along an existing adequate structured section when widening the pavement. Widening shall commence at that line. _6- File#LP952061 Dale A. Bridges-Applicant;Peter Ostrvsky-Owner D. The applicant shall core the existing pavement in a minimum of three locations between the existing traveled way and the proposed curb to determine the pavement structural section. If the structural section is inadequate, the applicant shall overlay or remove and replace the pavement as necessary. E. The applicant shall construct an asphalt concrete path from the southern end of the sidewalk to the existing bike lane on the southern boundary of the frontage without encroaching into the bike lane. F. The applicant shall stripe the frontage of the parcel to accommodate parallel parking. G. The construction of frontage improvements may be deferred provided that the property owner completes their construction prior to July 31,2000. H. At the time the deferred improvement agreement is called up, the property owner shall submit improvement plans, prepared by a registered civil engineer, to the Public Works Department and pay appropriate fees in accordance with the County Ordinance and this deferred improvement agreement. I. Border landscaping shall completely fill the area between the back of sidewalk and the right of way line, except where driveways are constructed. One 30 gallon (minimum)tree shall be planted in the triangular area between the right of way line and parking stall number 1, as shown on the site plan. Access to Adjoining Property: Proof of Access/Acquisition 17. Applicant shall furnish necessary rights of way,rights of entry,permits and/or easements for the construction of off-site, temporary or permanent, public and private road and drainage improvements. 18. Applicant shall furnish proof to the Public Works Department, Engineering Services Division, that legal access to the property is available over the driveway (both on and off- site)along the north property line of this property. -7- File#CP952061 Dale A. Bridges-Applicant;Peter Ostrosky-Owner Encroachment Permit and Site Access 19. The applicant shall obtain an encroachment permit from the Application and Permit Center for construction of driveways and frontage improvements within the right of way of Danville Boulevard. 20. The applicant shall obtain a drainage permit for any work to be performed in San Ramon Creek. 21. The applicant shall restrict access along the Danville Boulevard frontage of this property, with the exception of the driveways shown on the applicant's site plan, including a 9.1-+m(30- foot)driveway. Parking: 22. The applicant shall provide adequate parking for this permit to minimize this project's need for on-street parking. The adequacy of on-site parking shall be subject to the review of the Zoning Administrator. Road Dedications: 23. The applicant shall convey to the County,by Offer of Dedication, the right of way necessary for the ultimate width of Danville Boulevard. The area to be dedicated is triangular in shape on the northwest corner of the parcel. The sides of the dedicated area are 1.5± m (5 feet) along the north property line and 18.3fm(60 feet) along the west property line. Undergrounding of Utilities: 24. All new utility distribution facilities shall be installed underground. Street Lighting: 25. The Property owner shall apply for annexation to County Service Area L-100 Lighting District by submitting: a letter of request and a metes and bounds description,and by paying the current LAFCO fees. Application for annexation shall occur immediately after approval of the permit. The applicant shall be aware that this annexation process must comply with State Proposition 218 requirements, which state that the property owner must hold a special election to approve the annexation. This process may take approximately 4 to 6 months to complete. Non-compliance with the application process shall be grounds for revocation of the land use permit. The application for annexation shall occur by July 31, 1999. Annexation shall -8- / File#LP952061 Dale A. Bridges-Applicant,Peter dstrasky-Owner occur by February 1, 2000, or this land use permit (LP 95-2061) shall be subject to immediate revocation. Bicycle/Pedestrian Facilities: 26. The applicant shall design all public and private pedestrian facilities in accordance with Title 24 (Handicap Access) and the Americans with Disabilities Act. Drainage Improvements (Collect and Convey): 27. The applicant shall collect and convey all storm water entering and/or 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 Corte. 28. The applicant shall be permitted an exception from the collect and convey requirements of the Ordinance Code if the project results in an increase of impervious surface area of less and 140 square meters(1,500 square feet). Miscellaneous Drainage Requirements: 29. Applicant shall prevent storm drainage from draining across the sidewalk(s)and driveway(s) in a concentrated manner. 30. The property owner and the applicant shall execute an agreement acknowledging the encroachment of the existing southerly deck into the storm drainage easement for San Ramon Creek and agreeing to remove the encroachment to perform maintenance work along the creek following notification by the County. Foundation Design Considerations: 31. The applicant will be required to design the foundation for any new structure or addition to a structure based on a soils and geotechnical report. The soils and geotechnical report shall address potential soils and bank instability resulting from potential erosive creek flows, potential creekbank erosion and instability,and shall be submitted to the Building Inspection Department for review.The foundation design may incorporate conservative design analysis rather than rigorous geotechnical analysis if acceptable to the Building Inspection Department, OR IN LIEU OF THIS REQUIREMENT, the applicant shall show the creek structure setback line on the site plan/Tentative Map in accordance with Section 914-14.012, _9- File#LP95206I Dale A. Bridges-Applicant,Peter Ostrosky-Owner "Structures Setback Lines for Unimproved Earth Channels, and observe this setback line as if this were a subdivision. National Pollutant Discharge Elimination System (NPDES): 32. 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 11, 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 the following long-term BMP's in accordance with the Contra Costa Clean Water Program for the site's storm water drainage. Trash bins shall be sealed to prevent leakage, OR, shall be located within a covered enclosure. Cleaning of the paved area shall be done only with a vacuum-type sweeper. The applicant shall sweep the paved portion of the site at least four times a year utilizing a vacuum-type sweeper. Verification (invoices, etc.) of the sweeping shall be provided to the County Clean Water Program Administrative Assistant at 255 Glacier Drive, Martinez, CA 94553, (925) 313-2238. - Neither the applicant nor his employees shall perform any of the following operations on site: change oil or coolant in vehicles; lubricate vehicles; paint vehicles; or, fuel vehicles. If any of these operations are conducted on-site, the Land Use Permit application 85-2061 shall be subject to revocation. if the applicant proposes to wash vehicles on site,the wash area shall be contained and drain into the sanitary sewer system. Such use of the sanitary sewer shall be approved by the Central Contra Costa Sanitary District. Without such a contained wash area,no vehicles washing will be permitted on site Vehicles placed on the lot for sale shall be routinely inspected for leaks, and drip pans placed under leaking vehicles. Develop a spills management program. Have spill clean up materials on-site and readily available for use. Metric Units: 33. All first check and subsequent submittals and calculation shall be in metric units. Exceptions may be permitted by the Public Works Department, Engineering Services Division, based upon evidence of substantial hardship. -lo- Fite#LP952061 Date A. Bridges-Applicant;Peter Ostrosky-Owner DVI,SOK YNYO�"�S` 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 AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH DEVELOPMENT. A. Comply with the requirements of the Central Contra Costa Sanitary District. B. Comply with the requirements of the East Bay Municipal Utility District for water supply. C. Comply with the requirements of the Building Inspection Department. D. Comply with the requirements of the San Ramon Valley Fire Protection District. E. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit, the Tri Valley Area of Benefit and the Southern Contra Costa Regional Area of Benefit as adopted by the Board of Supervisors. F. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant shall be aware of the requirements of the Federal Flood Insurance Program and the County Floodplain Management Ordinance(Ordinance No. 96- 11)as they pertain to future:construction of any structures on this property. G. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and 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 and Game Code. H. 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. D:\020499\LUP\LP952061.FN3 LCUB -I1- ,v