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HomeMy WebLinkAboutMINUTES - 04252000 - D4 TO: BOARD OF SUPEKASORS : '; ; Contra FROM: Carlos Baltodano, Director Costa Building Inspection Department County DATE: April 25, 2000 SUBJECT: Investigation at 15311 Bollinger Canyon Road. APN # 109-030-040 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: ! YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ON 777=25 , 2000 APPROVED AS RECOMMENDED OTHER XX SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE VC . OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ANIMOUS{ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 250 2 0 0 0 Contact: Philip Lud { 335-1142 Orlg: Building In action Da rtment(BID) cc: County nael Com nity Development Do rtment M d Shaffer(Via BID) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPE VISORS AND COUNTY ADM I R B ,DEPUTY 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 Fares 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 powertools 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. FARR 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 & 3rd 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. 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 forthe 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). FAIR 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 (C1124770) 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 forwelding 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 - Inspection 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 staffs Recommendation No,l 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 12th 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 Farrs' 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 7 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 omen 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:BoardOrders2000/04252000-d4-add.doe 3 DEFINITIONS 82-4.202----82-4.216 82-4.252 Motel. 1781, 1760, 1759, 1569, 1469:prior code§8102(d): 82-4.254 Multiple family building. Ords. 1269, 1264, 1224, 939, 933, 382). 82-4.256 Multiple family building group. 824.208 Apartment unit. "Apartment unit„ 82-4.258 One family dwelling. means a separate suite, including kitchen facilities, 82-4.260 Sign, accessory. designed for and occupied as the home, residence, 82-4.262 Sign, nonaccessory. or sleeping place of one or more persons living as 82-4.264 Sign structure. a single housekeeping unit.(Ords. 1781, 1760, 1759, 82-4.266 Story. 1569, 1469: prior code § 8102(cc): Ords. 1269, 824.268 Story, half. 1264, 1224, 939, 933, 382). 82-4.270 Structure. 82-4.272 Suburban apartment building. 82-4.209 Aviary."Aviary"means a coop,cote, 82-4.274 Suburban apartment building pen,cage, or other similar enclosure, used to house group. one or more birds (including pigeons) other than 82-4.276 Transit-mix plant, poultry. (Ord. 77-51 § 1). 82=4.278 Use, accessory. 82-4.280 Use, nonconforming. 824.210 Building. "Building" means any 82-4.282 Yard. structure with a roof supported by columns or walls 824.284 Yard, front. and intended for the shelter, housing, or enclosure 286 Yard, rear. of persons,animals, or chattels. (Ords. 1781, 1760, 88 Yard, side. 1759, 1569, 1469: prior code § P8102(f): Ords. cle 4.4 Map Symbols 1269, 1264, 1224, 939, 933, 382). s -4. Synonymous symbols and 824.212 Building, accessory. "Accessory phrases. building"is a building the use and size of which is subordinate and incidental to that of a main building on the same lot. In addition, no accessory building Article 82-4.2 shall exceed: Definitions Generally (1) Five hundred square feet of floor area cover- age on lots less than twenty thousand square feet in 824.202 Construction.The definitions in this area and six hundred square feet of floor area cover- article and certain other sections of Divisions 82 and age on lots greater than twenty thousand square feet 84 govern the construction of Title 8, unless the in area; context otherwise requires. (Ord. 79-7 § 5, Ord. (2) Fifteen feet in height. (Orris. 96-4 § 1, 1781, 1781, 1760, 1759, 1569, 1469: prior code § 8102: 1760, 17.59,1569, 1469:prior code§8102(g):Ords. Ords. 1269, 1264, 1224, 939, 933, 382). 1269, 12264, 1224, 939, 933, 382). 82-4.204 Tenses. Unless the natural construe- 824.214 Building height. "Building height" tion of the word indicates otherwise, the present means the vertical distance measured from grade to tense includes the future and the plural number the the top of structure directly above with exceptions singular.(Ords. 1781, 1760, 1759, 1569, 1469:prior noted elsewhere in the code. Height may be mea- code § 8102(a): Ords. 1269, 1264, 1224, 939, 933, sured from finished grade when such grade is below 382). natural grade.Height shall be measured from natural grade when the finished.grade is higher than natural 82-4.206 Agriculture."Agriculture"means the grade. (Ords. 96-4 § 2, 1781, 1760, 1759, 1569, tilling of soil, the raising of crops, horticulture, 1469: prior code § 8102(pp): Ords. 1269, 1264, dairying,and the raising and managing of livestock, 1224, 939, 933, 382}. including all uses customarily incident but not in- eluding slaughterhouses,fertilizer yards,bone yards, 82-4,215 Business, retail. "Retail business„ plants for the reduction of animal matter, or any means the sale,barter,and exchange of retail goods, other industrial use which may be objectionable wares, merchandise, services, or other personal or because of odor, smoke, dust, or fumes. (Ords. real property or any interest in them for profit or livelihood. (Ords. 1781, 1760, 1759, 1569, 1469: 295 (Contra Costa County 4-96) CONSIDER WH D. Contra Costa County Board of Supervisors Hearing on Code Enforcement April 25, 2004 at 11:00 a.m. Farr Metal Fabrication Shop— 18311 Bollinger Ca ID-iA _j `.N�ANTRA�R'TA CO 1SORS' SUMMARY Charles and Lorraine Farr operate a metal fabrication shop at 18311 Bollinger Canyon Road. They provide a wide range of welding and metalwork projects for the surrounding agricultural community. They also do commercial work for non-agricultural customers. The A-4 zoning for the property does not permit this use. However, since 1987 the Board has allowed the Farr's shop to continue in operation, pending County consideration of zoning regulations that might allow such agriculture-serving businesses (see General Plan Conservation Element Agricultural Resources Implementation Measure 8-aa adopted in 1991). A complaint by a neighbor in 1999 triggered a code investigation. The staff report does not find any serious actual nuisance problems, but recommends ordering the shop to be closed because it performs non-agricultural work that is not permitted by current zoning. On March 281h the Board of Supervisors took an important step to promote agriculture in this County by voting to start the process of reestablishing the Agricultural Task Force and revising County Codes to make them more supportive of agriculture and related services. The Farr's business supports the agricultural community. It would not be appropriate to close it now. For the following reasons we ask the Board to stay code enforcement. I. Keeping this shop open serves the Board's goal of strengthening agriculture. It supports agricultural operations in Bollinger Canyon, Crow Canyon and Norris Canyon, and is important to their continued survival. 2. Unfortunately, no business can survive only on agriculturally related work generated by this small area of the County. The Board must acknowledge this economic fact of life as it considers what agriculture-serving businesses to allow in agricultural zones 3. This is a Countywide policy question and not a narrow code enforcement matter. The Agricultural Task Force and the Board should first consider desired County Code revisions and General Plan issues, before acting on the Farrs' shop. 4. The staff report contains material errors and is one-sided. It ignores the Board's policy to support agriculture, covers up the agriculturally-related work being done by the Farrs, and serves only staff's goal to close the shop based on current zoning. 5. The shop is not a nuisance. It does not produce any more noise or other adverse effects than common agricultural operations in the area. The mix of non-agricultural versus agricultural work has not changed since the Board first agreed not to close the shop. F0073001/171865-1 Contra Costa County Board of Supervisors Hearing on Code Enforcement April 25, 2000 at 11.00 a.m. Farr Metal Fabrication Shop 18311 Bollinger Cann n Road Submission by Charles & Lorraine Farr RICHARD E. 1VOR1t1J DOUGLAS C. SOTRRI S REPLY TO:. . 1850 MT. DIABLO BLVD., SUiTE 530 CY EPSTEIN � WALNUT CREEK, CALIFORNIA 94596 COLIN J. COFFEY TELEPHONE: (925) .934-8181 SHARON M. IVERSEN FAX: (925) 934-3665 EDWARD L. SHAFFER ��+ DANIEL D. PURNELL (s, MICHAEL B. PETERSON �.. PAULA L. BACA 3260 8LUME DRIVE,SUITE 400 131 MICHAEL AA MICHAEL RICHMOND.UGHMAN CALIFORNIA TELEPHONE: (510) 222-2&10 ORR 0 FAX: (510) 222-5992 April 19, 2000 Contra Costa County Board of Supervisors 651 Pine Street Martinez, CA 94553 Re: April 25, 2000 Hearing on Code Enforcement- File No. RF990410 Farr Metal Fabrication Shop— 18311 Bollinger Canyon Road Honorable Supervisors: This letter is written on behalf of Charles and Lorraine Farr, owners of 18311 Bollinger Canyon Road. They ask the Board to stay code enforcement against their metalworking shop, and follow the Board's previous decisions allowing this business to continue. On March 28`x' the Board took an important step to promote agriculture in this County by voting to reestablish the Agricultural Task Force and revise County Codes to make them more supportive of agriculture and related services. The Farr's business supports the agricultural community. It would not be appropriate to close it now. SUMMARY 1. Keeping this shop open serves the Board's goal of strengthening agriculture. It supports agricultural operations in Bollinger Canyon, Crow Canyon and Norris Canyon, and is important to their continued survival. 2. Unfortunately, no business can survive only on agriculturally related work generated by this small area of the County. The Board must acknowledge this economic fact of life as it considers what agriculture-serving businesses to allow in agricultural zones 3. This is a Countywide policy question and not a narrow code enforcement matter. The Agricultural Task Force and the Board should first consider desired County Code revisions and General Plan issues, before acting on the Farrs' shop. 4. The staff report contains material errors and is one-sided. It ignores the Board's policy to support agriculture, covers up the agriculturally-related work being done by the Farrs, and serves only staff's goal to close the shop based on current zoning. 5. The shop is not a nuisance. It does not produce any more noise or other adverse effects than common agricultural operations in the area. The mix of non-agricultural versus agricultural work has not changed since the Board first agreed not to close the shop. F0073001/171640-1 Contra Costa County Board of Supervisors April 19, 2000 Page 2 .Key Events 1987: Board directs staff not to close the Farrs' shop, pending consideration of zoning changes that would authorize agriculture-serving businesses in agricultural zones. 1989: Board confirms deferring action on shop until zoning ordinance changes considered. 1991: New General Plan includes Conservation Element Agricultural Resources Measure 8-aa calling for zoning changes to allow agricultural-serving businesses in agricultural zones. 1996: General Plan update reaffirms that Measure 8-aa still is part of the General Plan and that the County still intends to adopt new zoning regulations. 1996: Board approves Land Use Permit LUP 96-2029 for the Farrs, authorizing two new residences on their property. Condition No.5 confirms that the metal shop may continue operating® at least until Measure 8-aa zoning regulations are adopted so the Farrs can apply for a use permit under the County's new standards. 1997: Board approves parcel map MS 141-90 for the Farrs to create parcels for their three residences. Condition No. 36 authorizes operation of the metal shop to continue until the new house closest to the shop is ready for occupancy. Supervisor Gerber stated her intent to review the shop's operation in September 2000. 1999: Neighbor's complaint of nuisance from shop triggers investigation. Board Support for Agriculture On March 28`h, the Board of Supervisors directed staff to (1) begin planning to reactivate the Agricultural Task Force, and (2) review County codes for changes that would help support agriculture. The Board Order(Exhibit 1) envisioned that the Agricultural Task Force would hold public hearings and advise the Board on zoning or other code amendments. This may be the vehicle for finally implementing Measure 8-aa. In 1987, both the San Ramon City Council and the San Ramon Valley Regional Planning Commission voted in favor of a land use permit for this business. The Planning Commission adopted findings that the metal shop supported local agricultural uses and would be appropriate in that location, and that the shop's impact on the surrounding community would be the same as or less than existing agricultural activities. Operations at the metal shop have complied with the conditions of approval that were proposed by the Planning Commission. Contra Costa County Board of Supervisors April 19, 2000 Page 3 When the Board voted in 1987 not to close the Farr's shop, it specifically called for evaluating whether that type of business should be permitted in agricultural zones. When the Board adopted General flan Measure 8-aa in 1991, it did not prohibit agricultural serving businesses from performing non-agricultural work. Yet staff is recommending such a restriction now. This seems to conflict with the Board's March 28`h directive. The General Plan authorizes equipment repair and welding as an ancillary agricultural support service in Agricultural Lands (p.3-34). however, zoning regulations for the A-4 District do not recognize this as a permitted or conditionally permitted use. Measure 8-aa calls for implementing zoning regulations to allow larger agriculture-serving businesses. However, after nine years the Zoning Code has not yet been amended. In cases of inconsistency between the general plan and zoning, the general plan should govern. This suggests that relying on current A-4 regulations to justify closing the Farr's business would not conform to the General Plan. Under these circumstances, it is not appropriate to close the shop now. That decision should await hearings on these major policy issues, followed by recommendations from the Agricultural Task Force, and finally formal Board action implementing or deleting Measure 8-aa. Metal Shop Helps Support Local Agriculture Agricultural operations rely on support services that are nearby, responsive to their needs, and economical. Property owners in Bollinger Canyon, Crow Canyon and Norris Canyon (Exhibit 2 map) have relied on the Farrs' small metal fabrication shop for years to help maintain the economic viability of their agricultural operations. You will hear testimony that Charles Farr's technical expertise, understanding of special needs, generosity and neighborly spirit have been critical to preserving this agricultural community. Attached is a petition signed in 1999 by many neighbors and agricultural operators who have been customers of the metal shop (Exhibit 3). The Board received many support letters in 1999; you will receive more for this hearing. Attached is a partial list of the many agricultural service jobs performed by Charles Farr since he first carne to Bollinger Canyon in 1976 (Exhibit 4). Besides actual metal fabrication and repair at the shop, he has used his equipment to help owners fix problems on their properties. As a good neighbor he has volunteered his labor and equipment many times without compensation. We note that over the years Charles Farr has performed many projects for his neighbors the Warholics (who brought the 1999 nuisance complaint). These include: fabricating and installing tube steel columns for lights over their horse arena; building steel gates for their horse pasture; repairing a tractor bucket and lifting hooks; fabricating brackets for a shed roof addition to the barn; and building custom brackets for arbor post supports. Without a local source, it would be difficult for property owners to obtain such services. Contra Costa.County Board of Supervisors April 19, 2000 Page 4 This is exactly the type of agricultural support service that Measure 8-aa envisions allowing in agricultural zoning districts. Mark Chewning stated in his attached letter(Exhibit 5) that without the Farr's metal shop, local operators would need to go very far to find similar specialized services perhaps even to Stockton; this likely would not be economically feasible given the typical small size of the metal fabrication and repair projects. As Michael Rains expressed in his April 11, 2000 letter to the Board, very few "welding shops"' in the area would know how to repair a tractor or rototiller efficiently, quickly and economically. .Economic Realities Require Commercial Work Unfortunately, the small three-canyon agricultural community does not generate enough- paying noughpaying work to support a family and allow the metal shop to remain open. Staff suggests that any business allowed in an agricultural zone should be limited to only serving agriculture. This harsh position does not recognize the economic realities of the situation. If the Board wants to help preserve existing small, isolated agricultural communities like this, it must accept that outside business is necessary. The only test should be whether it poses a true nuisance or disrupts continued agricultural use of surrounding properties. Staff Report Contains Serious Errors The Board directed staff to investigate the Farr's metal shop regarding two issues: (1) whether the Board should continue to allow the Farr's operation in an A-4 zoning district pending either implementation of Measure 8-aa or voluntary closure in order to occupy the new house under the parcel map condition; and(2) whether the shop constituted an actual nuisance to neighbors that should justify closing the shop now. First, the Fars dispute claims by staff that the operation has become more "industrial" and non-agricultural, and that this justifies closure. As discussed below, the extent and nature of the.business has remained essentially unchanged since this matter first arose in 1986. Second, serious errors and omissions make the report untrustworthy. As outlined below, it suggests violations by the Farrs that simply are not correct. The staff report ignores the true nature of operations and the shop's role supporting the agricultural community. It fails to address the policy issues raised by Measure 8-aa and the Board's March 281h directive. The report is slanted and biased: it seems to have been written mainly to support staff s goal of closing the shop, rather than to provide the Board objective information to help in this decision. 1. The report of site inspections mentions work on a"tube gate", without explaining that the item in question actually was a cattle gate being built by Mr. Farr for his own use. 2. The report does not mention a log slin tter that was being repaired for the nearby Thomas Ranch during the 11/3-11/4 inspections. The splitter was clearly visible and Mr. Farr pointed it out to staff during the inspection. Contra Costa County Board of Supervisors April 19, 2000 Page 5 3. The report describes work on a water softener/purification plant to be used on the Farr property (see 12/14/99 entry). The work at issue was construction of an enclosure shed. The report states that this work was being done "without permits" and implies wrongdoing by my clients. However, Mr. Farr immediately proved to staff that no permits were needed for shed construction(because it only measured 64 square feet, below the 120 square foot minimum for a building permit). We do not understand why this discredited allegation still is included in the report to the Board. Attached is a copy of the December 15, 1999 Notice to Comply citing this "violation" (Exhibit 6). Handwritten notes in the margin by Torn Huggett ("TJH") and Claire Chachere ("CC") of the Building Inspection Department, made on December 201x', confirm that no permits were needed for the work observed. Mr. Farr obtained permits for all the electrical and plumbing work needed when the time came for actual installation. He relayed this information to code enforcement staff, but they persist in alleging some violation. 4. The staff report implies that the water plant is another example of non-agricultural work. In fact, it is being used to supply water for direct agricultural activities on the Farr property (i.e., watering livestock, serving the barn) as well as supplying water for the house and the metal shop. 5. The report on the 11/4/99 inspection states that the metal tube gate was "drying on the spray stands outside the designated spray area." The Farrs object to yet another incorrect implication of some wrongdoing. First, there is no "spray area" designated by the County or any other other agency related to shop operations! Second, according to Mr. Farr the cattle gate only was being stored in that location; it had been painted in a different area and moved after it had dried. Finally, the alleged "spray stands" simply are large sawhorses used for various purposes - not sophisticated equipment as the staff report seems to suggest. 6. The staff report presents photos that seem designed to make the Farr's shop look like a major industrial operation and an eyesore. Attached are other photographs of the shop area and the Farr's property which more accurately show that the shop occupies a small area of the large Farr parcel, is screened from the view of neighbors, passersby and the Farr home itself, and is a relatively minor business operation(Exhibit 7). 7 The staff report recites from testimony and a letter by Mark Chewning, Sales Manager for Regal Steel Supply, to support the case that the Fans engage in too much non- agricultural business. Mr. Chewning objects strenuously to staff taking his statements out of context and improperly trying to paint the Farr operation as a large-scale industrial steel fabricator(see Exhibit 5 April 14, 2000 letter). He states that Regal Steel Supply classifies Farr Construction as a"farming and dairy industry business"which is very small compared to most other steel fabrication customers. Contra Costa County Board of Supervisors April 19, 2000 Page 6 8. The summary of facts (p.5) concludes that the metal shop should not be classified as agriculture related because of the size of the facilities and types of tools and equipment. The inspector seems to believe that the metal fabrication and repair needs of agricultural operations only require small-scale "hobbyist" type facilities (like a home workshop?). The March 30, 2000 memo from Bennis Barry to Carlos Baltodano attached to the report declares that the shop is not agriculture-serving because of its "use of large metal manufacturing tools [and] spray painting." Staff obviously did not investigate what is involved in building a cattle truck bed or repairing a tractor. This shows an ignorance of actual agricultural service needs. 9. The March 30, 2000 memo from Dennis Barry to Carlos Baltodano also states that the metal shop produces "noise levels exceeding customary agricultural activity." This criticism is absolutely incorrect and unwarranted! Where is the data to support this claim? What noise level regulation for agricultural zones did the Farrs violate? What standard did Mr. Barry apply to reach this conclusion? The 11/3/99 site inspection only reports that noise from the shop made conversation difficult from about 200 feet away; there is no other information about noise. First, the shop actually is about 300 feet from the neighbor's house, and about 200 feet from the property line. Second, as reported below the Farrs hired a noise consultant who confirmed that the simple hand grinder operating during the November P inspection in fact is quieter than a rototiller and tractor, common agricultural implements. 14. The staff report bases its recommendation to close the metal shop on a fundamental misunderstanding of the Board's direction. It concludes that the business is not permitted under current A-4 zoning regulations as a hobby or accessory use. This is no surprise: the Board and the Farrs have recognized that fact for years! The true issue facing the Board is whether Measure 8-aa might result in zoning changes that would permit the Farr's business, and whether the Board should wait to implement Measure 8-aa before passing judgment on the metal shop. Shop Is Not A Nuisance The 1999 nuisance complaint claimed noise, traffic, and fume problems. The inspections observed no odor or traffic problems, and identified only noise as a possible concern. The Board must apply the proper context to this evaluation. Agricultural operations themselves by their nature can be noisy, dusty and disruptive. The proper question is whether activities at the metal shop exceed the degree of noise, odor, traffic or other effects that occur during typical agricultural activities. There is no evidence to support such a claim. Contra Costa County Board of Supervisors April 19, 2000 Page 7 Other properties in Bollinger Canyon are used by large-scale non-agricultural activities; they produce substantial noise, traffic, dust, odors and other nuisance effects on their neighbors. By comparison the metal shop activities are benign, and similar to agricultural operations: * The former NIKE missile base operated as a major industrial facility (Tracor). The Farrs understand that this large 10-building complex now is being marketed as an industrial park, which could house 20-50 different businesses when full. * The East Bay Regional Park District corporation yard is used to store major vehicles and equipment. In addition a shop operates to manufacture signs, benches and other items for use in various parks. * Las Trampas Stables and Little Hills Ranch Picnic Park both operate very large commercial operations in the canyon. 1. Odors/Fumes. In 1999 the Farrs applied for and received a BAAQMD permit for spraying—even though they were told that such a small-scale operation did not need a permit. Mark Chewning testified that lead paint or other toxic coatings are not applied to any steel products his company delivers to the Fans. The staff report does not contain any information supporting a nuisance claim based on odors or fumes. County inspectors visiting the site scoffed at the claim that harmful fumes could travel the long distance to any neighbor's house. 2. Tri. Bollinger Canyon Road serves 41 different properties. In addition to the uses listed above, this includes 13 ranches and 44 homes. The only access to Las Trampas Regional Park lies further up the road. A very active 150-child day care center stands near the entry to the Canyon. We do not have traffic counts for the road section near the Warholic/Fan properties, but according to the Fans there is a steady flow of cars and trucks. Agricultural operations generate horse trailers, hay trucks, livestock haulers and tractors. The Park District has several employees driving to its property daily, as well as a regular flow of large semi-trailers hauling tractors and grading equipment, dump trucks, fire fighting vehicles and other service trucks and equipment. Until recently the Tracor industrial property was generating multiple large trucks daily; future traffic from the multi-tenant complex likely will be even heavier. Las Trampas Stables, Little Hills Ranch Picnic Park and the Las Trampas Park trailhead all have very large parking lots and are heavily used. By comparison, the Farr's metal shop is visited by one-two employee's cars each day, small delivery trucks once per week or less, and a larger steel supplier truck about once every two weeks. Mr. Farr comes and goes from the business about once daily on average. This traffic volume is barely measurable compared to other activities along the road, and certainly does not represent a large traffic impact on the community. The Fans have always tried to have their suppliers consolidate deliveries to reduce trips to the shop. Centra Costa County Board of Supervisors April 19, 2000 Page 8 3. . The inspection report states that noise from a grinding tool at the shop made conversation difficult at the neighbor's. This noise came from a handheld grinder, similar to tools commonly used by agricultural operations—and even by many homeowners. As described above, the staff report incorrectly claims that the Farr's shop produces noise exceeding customary agricultural activity. However, the report does not cite any statistics or measurements to support this claim, or refer to any adopted County standards for maximum noise generation in such situations. The Farrs hired Wilson, Ihrig &Associates, acoustical consultants, to evaluate their operations. The attached report dated August 2, 1999, tested sound levels for each major piece of equipment in the metal shop, and for typical agricultural equipment used by the Farrs and their neighbors (Exhibit 8). It found that the highest noise level from shop operations measured at the property line, about 200 feet from the shop was only 53 dBA. By comparison, the Farrs' tractor and rototiller produced 95100 dBA measured from 20 feet away. Thus running the tractor and rototiller near the boundary line would produce substantially louder noise on the neighbors' property than shop equipment. The consultant noted that trees and fences, as well as changes in elevation, would all serve to further reduce the level of sound at the neighbor's house. Similarly, chainsaws, leaf blowers, weed eaters, 4-wheel-drive trucks and other equipment commonly used in the area can make the same or more noise that comes from the shop. We note that the neighbor Mr. Warholic recently rototilled on his property for 3 straight days, 5-6 hours each day. He also routinely drives a four-wheel-drive vehicle up and down his hilly property, which produces substantial noise that carries a great distance. On the weekend of April 1516 his septic system backed up, and all day Saturday and Sunday starting at 8:00 a.m. he had very noisy equipment (steel track bulldozer, backhoe tractor,pump truck) working on the problem. The Farrs and other neighbors accept this noise as an inevitable part of living in Bollinger Canyon and recognizing people's right to use their property. 4. Noise Mitigations. The Farrs are sensitive to the Warholics' concerns, and have always tried to operate to be good neighbors. We ask the Board to note that since last summer, the Farrs have made the following substantial improvements to their property to reduce noise: + Raised the existing fence height to 7.5 feet and closed all gaps in the fence. Built an additional 150 feet of fencing as a barrier. + Installed acoustic tiles in the shop. • Installed rubber matting around work areas to dampen noises. Asked drivers to turn off motors while parked at the property. Typically limit work to Monday-Friday, ending by 3:30 p.m. Mr. Warholic has not expressed any complaints during the past 8 months. No other neighbor has complained about current operations. Contra Costa County Board of Supervisors April 19, 2000 Page 9 Nuisance Complaint Not Credible This investigation arose because of a growing misunderstanding between neighbors. The exaggerated complaints last year triggered code enforcement. Mr. Warholic's false claim of needing emergency medical treatment because of toxic fumes was revealed to be only hyperventilation caused by aggravation. His false claim of being blinded by welding flashes was discredited by the code inspector based on the 200-300 foot separation plus intervening trees and fencing. His false claim of"unbearable" 110-130 decibel noise was disproven by scientific measurements. The BAAQMD Air Quality Inspector gave the shop a clean bill of health and approved a spray permit. The Fire District Inspector found no problems and issued a permit. County Code Inspector Larry Byers told Mr. Farr that he recognized that the claims of harm were exaggerated and unreasonable. The Warholics and Farrs used to be on friendly terms. They worked together to build a joint access bridge in 1988, and as recently as August 1997 Mr. Warholic asked for help to repair one of his tractors. However, evidence shows that Mr. Warholic has become increasingly sensitive. In December 1997 he complained that a furnace heat pump on the Farr's home was vibrating his house more than 250 feet away. In August 1997 he testified to the Board that a new house on the Farr property would expose him to "the noise of children playing and cooking fumes", even though the second house would be more than 350 feet from his home. In 1998 he called County staff to complain about,grading work being done in the Farr's backyard garden 400 feet from his own house. The Board should not let the 1999 complaint influence its decision on this matter. There is no evidence that the shop creates a nuisance to justify closure. Only policy matters regarding land use and support of agriculture should be considered. No Change In Nature Of Operations Last August the Board heard claims that the Farrs have increased the volume and size of non-agricultural metal work, which should justify shutting them down. This accusation is not true and there is no evidence to support the claim. We note that the new staff report ignores this question and does not give the Board any information on the history of business at the shop. The nature of work and the mix of agricultural versus commercial contracts has remained consistent since the mid-1980's. The 1999 nuisance complaint focused on a rare large project for the Farrs (welding steel beams for a bank)—although it would be considered quite small for the steel industry. Most commercial work has been of a much smaller scale. The Farr metal shop has only handled large non-agricultural projects once every 1-2 years on average. The number of employees has been steady over all these years. We also note that for all commercial projects, Charles Farr performs most of the work away from the shop, at the job location. These circumstances have not changed since 1987, or 1991, or 1996, or 1997, to warrant the Board reconsidering its decision to wait for Measure 8-aa implementation.. Contra Costa County Board of Supervisors April 19, 2000 Page 10 Conclusion The staff report focuses on the fact that the Farr metal shop isnot limited to work supporting agriculture, but also takes on projects for churches, schools and businesses outside of the canyons. The Farrs have never denied this. The Board must recognize the economic reality that no commercial operation can survive solely on the volume of work generated by this local agricultural community. If the Board insists on limiting agriculture-serving businesses as staff recommends, then one must question how serious the Board truly is about supporting and protecting agriculture. Staff made no attempt to interview agricultural owners in Bollinger Canyon about their use of the metal shop, did not ask the Farrs for information about their customers or business sources, and made no attempt to document the current or historic nature of work at the shop. This was part of the Board's request for information, and an important aspect of the Board's concerns. I hope that the details supplied by this letter adequately supplements the staff report, to give the Board a more complete understanding of the situation. The Farrs have waited for the County to implement Measure 8-aa, so they could apply for a use permit and remove the threat of code enforcement hanging over them. When the Board approved their land use permit in 1996, with Condition 5 specifically linking continued operation of the shop to Measure 8-aa implementation, they thought they finally could relax. In 1997 they accepted Condition 36 as part of the parcel map approval, agreeing to shut down commercial operation of the shop in the future as a tradeoff for creating separate parcels. The Farrs are surprised and dismayed that the County may renege on the promise in the 1996 and the 1997 approvals, that the shop may continue operating. We hope the Board will consider all the detailed information provided by this letter, recognize the bias reflected in the staff report, and vote to allow continued operation of the Farr's business. The agricultural community will support that decision. Very truly yours, NOR.RIS & NOR,RI , P.C. By Edward L. Shaffer EL.S:gcc encl. cc: Mr. & Mrs. Farr Contra Costa County Beard of Supervisors April 19, 2000 Page 11 EXHIBITS 1. March 28, 2000 Board Order regarding agriculture 2. Map showing Bollinger Canyon, Norris Canyon and Crow Canyon area 3. July 1999 support petition 4. Partial list of agricultural service work performed by Farr shop 5. April 14, 2000 letter from Mark Chewning of Regal Steel 6. Code Enforcement Notice to Comply, with staff notes that "no permit is needed" 7. Photos of Farr property showing scale and context of shop 8. August 2, 1999 acoustical report of metal shop and farm equipment noise levels ' Contra TO: BOARD OF SU. IVISORS Costa FROM: Supervisor Joe Canciamiila County DATE: March 28, 2000 SUBJECT: CONSIDER THE RE-ESTABLISHMENT OF THE COUNTY'S AGRICULTURAL TASK FORCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)AND JUSTIFICATION RECOMMENDED ACTION: 1. Request that the Board consider the re-establishment of the County's Agricultural Task Force. 2. If there is a Board consensus to re-establish the Ag Task Force, direct the Community Development Department to develop guidelines and establish a process for recruiting and seating new members to the Task Force. Request that the Community Development Department report back to the Board in 30 days on the status of this effort, including a timeline. 3. Request that the Community Development Department conduct a review of the current county codes applicable to agricultural zoning, and to provide the Board with any recommended changes to the current codes. if(1) and (2) above proceed, the Ag Task Force should, in conjunction with Community Development Staff, hold public hearings on the proposed changes and provide a report back to the Board. Proposed dates for the public hearings should be indicated on the timeline requested in (2) above. BACKGROUND INFORMATION: The Board of Supervisors has long held a policy of promoting agriculture in this County. At this time, there is no central forum for persons who have an interest in agriculture to interact with the County process. Those actively involved in agriculture or agricultural associated uses in our County, representatives of the Contra Costa Farm Bureau, of the Citizens Land Alliance many times will go to an individual supervisor to have an idea brought forward to the full Board. An "Agricultural Task Force"was established during the General Plan hearing process, but has since been disbanded. If we are to truly encourage agriculture, we must provide a central focus where current practices and policies, and new concepts can be aired and discussed. The re-establishment of the Agricultural Task Force could serve as a clearinghouse for all agriculturally related issues, as well as demonstrate the Board's ongoing commitment to preserving and encouraging agriculture in our County. CONTINUED ON ATTACHMENT: YES SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR qEaMMEWDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON March 28, 2000 APPROVED AS RECOMMENDED: XX OTHER: SEE THE ATTACHED ADDENDUM.-FOR BOARD ACTION VOTE OF SUPERVISORS: XX UNANIMOUS(ABSENT - - - ) AYES: NOES: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED March 28, 2000 cc: County Administrator's Office PHIL BATCHELOR,-CLERK OF THE BOARD OF D.Barry-Community Development Department SUPERVISORS AND COUNTY ADMINISTRATOR By n o,iry ADDENDUM TO ITEMS SD.2 and SD.3 March 28, 2000 Agenda On this date, the Board of Supervisors considered implementing a "Super Williamson Act Program, wherein the Community Development Department would assume a lead role. They were also requested to consider re-establishing the County's Agricultural Task Force. Both Board Orders were recommended by Supervisor Canciamilla. Supervisor Canciamilla suggested since both SD.2 and SD.3 were regarding land use, the Board may want to discuss the items simultaneously. The Board agreed. Public comment was opened, and the following people offered testimony: Mike Vukelich, Farm Bureau, P.O. Box 20060, El Sobrante, Jackie Stewart, Contra Costa Farm Bureau, P.O. Box 19, Clayton, Paul Lamborn, Farm Bureau, 2289 Laurel Road, Oakley; Sarah Mora, Farm Bureau, 5554 Clayton Road, Concord. No one else desiring to speak, the hearing was closed. The Board considered the issues. Following Board discussion, Supervisor Canciamilla moved to accept the recommendations on items SD. 2 and SD. 3. Supervisor Gioia seconded the motion. The vote was unanimous for each Board Order. Ask �, �31tev fid, w , CA Road Black a% mino 4 :as r s 7r L.� ryT }p�ii�•r y� { _ .�}Y .i 73«{3:,3Y N� .. t ��`. ,3 7 3- � � �� �� CL TO jea 40 1 7� I• �� (,,71�If/ � �(1 ��rF � 9•�r- R 3� � ��yr. i. Ce SOA Y L ' too 3 irr « moi.. .47 pp V ILes t ea X7,'27/=__ _ . _? __ ya _tea c'c 1-1;7 7A v9E- July 1999 I wish to express my support for the continued operation of the Farr family_ welding shop. Without their services it would be much more difficult and expensive to continua our agricultural operations. They have supported our community by providing welding , equipment repair and other fabricated metal services. The scope of services provided by their welding and metal fabrication shop have remained the same since 1983. Name Address Residence since 1I "-Za � /!gin .2L20--- -o �` ' July 1999 I wish to exprew my support for the continued operation of the Farr family wWdlmg sump. Without their services it would be much more dtfflcutt and expwuKs to continue our agricultural operations. They have supported our community by providing welding , equipment repair and other fabricated metal Thescope of sarvkm provided by their wetd N and metal fabricadort shophave remained the same since 1983. Nam Address Reskience c since A Partial List of Agriculturally Related Projects The first agricultural repair work I performed in Bollinger Canyon was in the spring of 1976. Since that first visit to repair a broken waterline,the agricultural community has had a constant need of my welding and repair services. The following is a list of some of the projects 1 have had the challenge and the pleasure of accomplishing. fabricated brackets for shed roof addition to barn built pasture fence gates built custom embed brackets for arbor post supports strengthened tractor loader bucket to accommodate lifting hooks fabricated and installed tube steel columns for lights over horse arena fabricated and installed heavy tube steel entry security gate and track used forklift to unload heavy equipment and supplies fabricated and installed steel beams, metal pan deck,channel ledgers and brace angle supports with tube steel guard rails in complete access bridge replacement fabricated and installed steel beam equestrian bridge fabricated distribution box, cover plates, grates, ladder and hatch cover for water system built combination tube steel and wide flange beam framed barn,with metal decking and siding fabricated and installed steel beam foot bridges built steel pipe corner and mid-run tie braces for livestock fencing A Partial List of Agriculturally Related Projects fabricated and installed twelve steel pipe livestock gates built steel pipe corral and cattle loading chute built steel pipe and tension wire livestock fencing fabricated and installed steel pipe creek debris guards built steel plate water gates built five steel pipe fence stake pounders repaired horse hay feeders fabricated and installed two horse paddock gates built eighteen gates for ostrich pens loaded ostrich crates on trailers with forklift and hauled to airport repaired damaged grain silo used crane truck to relocate cage squeeze built frames for corral gates installed ball trailer hitch on truckfor livestock trailer fabricated and installed a monorail hay hoist lifting system in hay barn repaired tractor mounted rotary mower built and installed metal corral fencing fabricated and installed new barn doors with sheet metal decking repaired cranks in pull disc built four off-road vehicle mounted barb wire dispensers A Partial List of Agriculturally Related Projects built replacement tongue for pull disc built mounting brackets and welded to tractor to attach lifting forks repaired tractor mounted post hole auger and bits rebuilt roll bar on tractor fabricated mud flap mounting brackets built cattle rack removal system built new door for cattle trailer replaced metal deck on bed of cattle truck fabricated parts to convert cattle chute head gate used crane truck to remove monorail hay hoist lifting system built mounting brackets for cattle rack repaired log splitter restored idler sprocket mounting bracket on trenching machine built hose reel for tractor mounted spray equipment built tractor storage shed built new lifting forks for tractor repaired cracks in the frame of trenching machine used crane truck to remove abandoned power lines and pole replaced damaged steel pipe and welded back together broken water line built a bumper and trailer hitch on a cattle truck A Partial List of Agriculturally Related Projects repaired cattle loading chute built gate and repaired fencing of cattle pen repaired frame of utility trailer repaired damaged bridge added steel support beams to previously damaged bridge repaired tractor repaired horse paddock fencing repaired horse hitching post repaired cracks in tractor buckets repaired trenchertractor fabricated tractor mounted post hole auger replaced cutting edge on the push blade of tractor replaced cutting teeth on tractor rippers repaired hydraulic leaks on tractor built trailer hitches on several vehicles built material hauling racksforseveral trucks repaired and built several truck bumpers repaired well drilling equipment repaired cracks in tractorframe repaired cracks in forklift mast and frame A Partial List of Agriculturally Related Projects replaced access bridge repaired drainage culvert and fabricated steel cover plates repaired equipments parts repaired broken frame of pull disc repaired the idlers and sprockets of X3-4 tractor installed tube steel bracing to support windmill tower used crane truck,truck and flatbed trailer to remove braced windmill and transport to new location used crane truck to remove pump and piping from well fabricated and installed steel security plate over abandoned well used welding/crane truck and trailer to load ,transport, and deliver a disabled tractor to a new location repaired bumper on farm truck built swing set and teeter-totter for future apprentice pC l3�x '050 StocKtor CA 952C` '�,� W vJa5hing R O at J ..rt` L i-.n. Road 2' -- REGAL CA 952U3 'FAX (209) 943.3229 Phare (209) 943-3223 April 1 4) 2000 Philip Ludolph Building Inspection Department of Conservation Division 651 fine Street, 4`t' Finer Martinez, Ca, 94553 Re: C.M.F'arr:Metals Const. Co Building Inspection Report Philip, F am in receipt of your building inspection report and I'm afraid you have taken many of my statements out of context. When we spoke on 1i6100 your questions were quite broad and general and directed to the steel industry in general. Lets begin again. Regal Steel Supply sella steel products ranging from less than I Ib, per foot all the way up to 426 lbs per foot. All of our products have a variety of applications. Regal sells products to the Dairy"INDUSTRY", Water Districts, Farming "I..' DUSTRY", as well as the traditional applications we see going up throughout our communities. Farr Const. in comparison to our Steel'Fabricators are extremely small. Regal categorizes this Company in our farming and dairy industry business. The Farrs buy miscellaneous and light beams as referred to in my testimony of 8199. The general contractors I refer to, are not generals of large projects but those of a small nature that. oversee construction of pole barns for example. I can understand your misconception with so many large steel projects being erected in our county fight now. Let me assure you my reference to the Farrs is .how they aid the community and ease that we at Regal have found them to deal with. This is a family run business aiding the agricultural and cattle "INDUSTR.IES", its not a dirty ward. I have this feeling you have this focus on certain words I used when we spoke, and in my testimony, if you are intern on doing so, focus on Fr IMMY, asset to CONNUNNITY, PARTNERS to the cattle and farming community. Focus on the last paragraph of my testimonv When you focus so much on words like l"NDUSTRY and STRUCTURAL you are generating a picture that the PARR l~AIv1 LY is not about The nature of the G; _7 '20ee t_. W_aE20E327 -=4+R,; ti1E74� GE 3 business that is preformed at the Bollinger site you should think of as more as a craftsmar. Ir, your summary of FACTS, you point out that "two employees provide labor for the Farrs" Regal's smallest.fabncator account employees 10 laborers and their shop has 4 times the square footage as that of the Bollinger location. I suggest that you call this operation what it is, "a family owned and operated shop" Furthermore in your conclusion you refer to my letter stating nonagricultural uses of the shop ie "churches' FOR GOD'S SAKE `!I The Farrs have to make a living and they do a small job in the community so your conclusion is to "cease and desist the operation"9 I do not follow, this logic at all My, reference is how a craftsman helps out his community while earning a living, nothing more In the "Excerpt of Testimony" of 8/99 the translation was butchered It should read " my controller laves taWng to Lon Farr on the phone and remarks how easy the Farrs are to deal with." "Taking the Parrs out of the community £tom a steel industry standpoint would be devastating " This is in reference to the fact the remaining ranchers and farmers local would have to go all the way to Stockton to take care of their needs The above is what should be reported to the commission. I am in direct contrast to your recorrmendations. To the contrary the Board should conclude the metals shop site is consistent with its intended use and the community and agriculture ENDUSTRY is fortunate to have a craftsman at their disposal_ If you would like to further discuss this issue or any ether aspects of my testimony please by all means give me a call. 1 800 649-3220. Very truly yours, iVlar Chewning -71 Sales Manager CALIFORNIA ALL-PURPOSE ACKNOWLEDCIMIENI State of Co r•ty of �a �j i On -re, C'w't it �C YOHCer;IgC.'_a. Ce lr� �� I r � h personaq aooeered S ,� tiamats;o!S,gner(g; �i erscnally known to me—OR -- proven to me on the basis of satisfactory evidence to be the persor'�(s) y w`7cse nari israre subscribed to- n Instrument S ana acicnowiecgec to me that he/s')e trrev executed the h same In his/her/their authonzea caoacity;ies), and that oy his/her/their signatures) on the instrument tr"e oerscn s}, or ;he ant ty upon bertaif of wnicn tie oerson(s) acte✓, i Ix �r�`, - ` �� executed 'he Instrument, 71 _ 3 WITNESS my nand ane official seal. 919rVure of Notrry puCIT OPTIONAL 7 'houg,,i the wnfnrr;ation teivw f.5 not°eawred try law. ,t may prove valuable to persons reryrng on the co ument and could pr6ven, fraudulent removal arc reattachment of this ldrm to another document, Description of Attached Document Title or Type of Document: Y i Document date: Number of Pages: - l Signer(s) Other Than Named Above; Capacity(ies) Claimed by Signer(s) Signer's Name: Yin ti Signer's Name' El Incividual El Individual Corporate Qfficer 77 Corporate Officer Title(s). � -+ Title(s): Partner -- Limited E] General ❑ Partner ---U Limited :1 General 77 Attorneyalr-Pact ❑ Attorney-in-Fact E Trustee © Trustee Guardian or Conservator Guardian or Conservator nu:r.t Hare 1 Other Other: Signer Is Representing; ` Signer is Representing: . �cc�i�,�L�w`�:�.• _'_ "��. .`�Z:'� 'Gc� G'�t.'�i`�::�;�,�.,`r.�c..".�i�. Z`�i;C�,�w�'. ._ a _, _ ��5 '.� +495 Napo^Ai Notary Assoc a;,On W 997s Remmel are. PO Bcr 7'6� Canaga park CA 9+7'J�.7±�d Prod.NrJ 5907 Rac^de. �a;"n:,.:ger•'°0�d r£-622' Building Inspection Depart antCarlos Baitodano Centra Director of Building inspection PROPERTY CONSERVATION DIVISION `.Jost NEIGHBORHOOD PRESERVATION PROGRAM County 651 Pine Street,4th Floor Martinez, California 94553-0152 PCD (925) 335.1111 . NPP (925) 335-1137 FAX (925) 646-4450 December 15, 1999 Charles M. &Lorraine P. Farr 18311 Bollinger Canyon Rd. San Raman, CA 94583 SITE 18311 Bollinger Canyon Rd., S=Ramon AP : 199.030-040 ' REF: RF990410- NOTICE TO COMPLY You are hereby notified this department has observed your property at the above location and determined it is apparently in violation of the Contra Costa County Zoning or Building Ordinance Code for the following reason/s: Violation Descril2tion and Cou=Ordinance Code Sectio 1. Drinking water purification system (110V)and shed without permits CCC Sec. 74-1.002 You are hereby notified to clear the above violation/s. Corrective Action 1. Obtain plumbing, electrical wid building perwits, for water purification system wid protective shed or remove. ' investigation has begun and compliance is required to correct the above violations. Permits or C� land use compliance may be required. A code enforcement fee shall be charged equal to two times the amount of all permit fees. Zoning violation clearances requires a minimum of a Sl 00-00 fee. A fee of$25.00 per trip will be charged until compliance is met. The fees are additive to the building permit/zoning fees. Failure to comply with this notice within 10 days shall cause this office to take one or more of the following actions: Record "Notice of Violation" on property records. Photo index of Parr Property April 18, 2000 1) Entrance to property from Bollinger Canyon Road 2) Bridge and the first entry gate to the Farr property 3) View from driveway to welding shop at second entry gate to the Farr property 4)View to front, inside welding shop-Acoustic tiles installed on walls and door 5) View to rear, inside welding shop- Acoustic tiles installed on walls and door 6) View from property fine- Near entry gate to the Warholic property 7) View of welding shop from the Farr's residence 8) Farr family residence 9) View of Farr family garden near the welding shop ` Ao s• z.s t fr rM " fE a74�,1���-y ,�.,t? *qF�y,�.!�j':. ,..-•x-+:..a": � o:� y, ._ ,,► ,� ! II�III Ali �1�"' Ufa Ijtc yL . ! nor NA b � t am IMMA9190" } 1 t s �S ti's, �• � w+ y , ,- �• �.s )ice I � r ,£ - °� r-:.;.+ y= _ '• �,r ... sem- ��,Tw ip '� ..• " es-+-•...A.,.l4 d".i.��`�- w' '� r -ems.. ,,,..., , ,,�. ....�'_ r� '�*. WILSON IHRIG & ASSOCIATES, INC. ACOUSTICAL CONSULTANTS 5776 BROADWAY OAKLAND,CA U.S.A. 94618-1581 Tei: (510) 658-6719 Fax:(510) 652-4441 E-mail:infoenwiai.com web:www.wiai.com 2 August 1999 Mrs. Lori Farr C. M. Farr Metal Construction, Inc. 18311 Bollinger Canyon Road San Ramon, California 94583 Subject: Noise Measurements of Metal Working Equipment and Activities Dear Mrs. Farr: This letter reports our measurements of noise generated by various activities on your property. We made measurements at two different locations and focused primarily on noise associated with metal working activities. MEASUREMENTS Our measurements were made at a height of 5' using a Briiel & Kjaer Model 2230 Sound Level Meter. This meter meets the technical specifications for a Type 1 meter as established by the American National Standards Institute (ANSI). It was calibrated immediately prior to the measurements using a BrUel & Kjaer Model 4230 Field Calibrator; the signal from this calibrator is traceable to the standard reference maintained by the National Institute of Standards and Technology(NIST). Our first measurement location was approximately 40'east of the metal working shop's eastern door, on the direct line between the door and the nearest neighboring residence. The second measurement location was also on the direct line between the shop and the neighboring residence,but at the point where that line interests the property line. The ambient acoustic environment at both locations, in the absence of metal working or agricultural activities, is controlled by noise from traffic on Bollinger Canyon Road, overhead aircraft, rustling trees, and chirping and cawing birds. At the location near the shop, the equivalent ambient noise level is between 37 and 41 dBA (Leq, s minute). Specific measured noise sources included a helicopter(56 dBA),road traffic(42-45 dBA), a jet airliner (43 dBA), and birds (49 - 54 dBA). WILSON, IHRIG &ASSOCIATES, INC. 2 C. M. Farr Metal Construction Noise Measurements We measured noise from six distinct metal working activities at the location near the shop. Five of these activities took place within the shop: cutting with band-type cutoff saw, grinding, drilling, punching with the small metal punch machine, and welding with the electric-powered welding machine. The sixth activity was punching with large metal punch machine located under the shed roof on the south side of the building. The activity which generated the highest noise level at this location was punching with the small punch machine (79 dBA). The lowest noise levels were associated with the cutoff saw (56 - 57 dBA) and welding(56 - 59 dBA). The noise levels from these and the other activities are all presented in Table I. The ambient noise environment at the second location, on the property line, is similar to that at the first—the equivalent ambient noise level is between 37 and 41 dBA (L' s minute) Noise from the shop is less at the second location because it is farther away and because it is 25' to 35'lower in elevation. The elevation change provides some shielding of the noise,especially at high frequencies. Some shielding is also provided by the existing wooden fence near the shop. We took care during our measurements to associate reported noise levels with metal working activities and to exclude contributions from spurious sources such as traffic or activity on the neighboring property. The metal shop activity which generated the highest noise level at the second location was punching using the small punch machine(52-53 dBA). The quietest measured activity was use of the cutoff saw (38 - 39 dBA). This noise was difficult to measure because it was only clearly distinguishable on the Sound Level Meter during the most quiescent moments. Welding noise was not measured at the second location; it would not be discernable from the ambient noise environment. For activities done inside the shop,noise levels at the second location were between 18 dBA and 26 dBA less than measurements made at the first location. While at the second location,we also measured noise from your Kubota tractor and rota-tiller. We measured noise levels between 95 dBA and 100 dBA at a distance of approximately 20'. Table II summarizes all of the measurements made at the second location.. DISCUSSION When last we checked with Contra Costa County in 1991, they had not adopted a noise ordinance and did not project adopting one at that time. However, we do have on file several draft Contra Costa County Community Noise Ordinances which were circulated for review in 1978 and 1979. Although these were never officially adopted, they do provide some guidance from the County on noise issues. According to the 6th Draft,Revised 7/3/79,the County"means the unincorporated area of the county of Contra Costa." The draft ordinance does contain a Section on Exterior Noise Limits which depend on the Noise Category Classification and the time of day. Agricultural zoning is not specifically mentioned in the Noise Category Classification scheme,but Category 2 includes noise WILSON, IHRIG &ASSOCIATES, INC. 3 C. M. Farr Metal Construction Noise Measurements transmission from land used for Light Industrial to land used for Single or Double Family Residential. For Category 2, between the hours of 7:00 A. M. and 10:00 P. M., the proposed Exterior Noise Limit, as measured at the property line, was 55 dBA. Based on our measurements at the property line, shop activities at C. M. Farr Metal Construction comply with the exterior noise limits which were proposed, but never adopted, by Contra Costa County. Please do not hesitate to call if you have any questions or comments about the information presented in this letter. Very truly yours: WILSON, IHRIG & A SOCIATES, INC. l' Derek L. Wairy Senior Consultant WILSON, ►NRIG &ASSOCIATES, INC. 4 C. M. Farr Metal Construction Noise Measurements TABLE I NOISE LEVELS MEASURED 40 FEET FROM SHOP DOOR AMBIENT NOISE LEVELS Equivalent Noise Level (L,,q,5 minute) 37 -41 dBA Helicopter 56 Birds 49 - 54 Traffic on Bollinger Canyon Rd 42 - 45 Jet Airliner 43 SHOP ACTIVITY NOISE LEVELS Punching with Small Punch 79 dBA Drilling (Magnetic Core Drill) 69 - 73 Grinding 65 - 68 Punching with Large Punch 59 Welding 56- 59 Use of Cutoff Saw 56- 57 TABLE II NOISE LEVELS MEASURED ON PROPERTY LINE AMBIENT NOISE LEVELS Equivalent Noise Level (L 5 minute) 37 -41 dBA SHOP ACTIVITY NOISE LEVELS Punching with Small Punch 52 - 53 dBA Drilling (Magnetic Core Drill) 44 -46 Grinding 42 - 45 Punching with Large Punch 48 - 51 Use of Cutoff Saw 38 - 39 AGRICULTURAL NOISE LEVELS Kubota Tractor and Roto-Tiller(at 20') 95 - 100 dBA WILSON, IHRIG&ASSOCIATES, INC. G-1 Glossary GLOSSARY AND SIGNIFICANCE OF ACOUSTICAL TERMS A-Weighted Sound Level (dBA): The sound pressure level in decibels as measured on a sound level meter using the internationally standardized A-weighting filter or as computed from sound spectral data to which A-weighting adjustments have been made. A-weighting de-emphasizes the low and very high frequency components of the sound in a manner similar to the response of the average human ear. A-weighted sound levels correlate well with subjective reactions of people to noise and are universally used for community noise evaluations. Ambient Noise: The prevailing general noise existing at a location or in a space, which usually consists of a composite of sounds from many sources near and far. Decibel (dB): The decibel is a measure on a logarithmic scale of the magnitude of a particular quantity (such as sound pressure, sound power, sound intensity) with respect to a standardized quantity. Energy Equivalent Level (Lpq): The level of a steady noise which would have the same energy as the fluctuating noise level integrated over the time period of interest. Lq is widely used as a single-number descriptor of environmental noise. Lq is based on the logarithmic or energy summation and it places more emphasis on high noise level periods than does LS,or a straight arithmetic average of noise level over time. This energy average is not the same as the average of sound pressure levels over the period of interest,but must be computed by a procedure involving summation or mathematical integration. Frequency (Hz): The number of oscillations per second of a periodic noise(or vibration)expressed in Hertz (abbreviated Hz). Frequency in Hertz is the same as cycles per second. Owl � Sent message From: NENAB@webtv.net (Mena McKinzie) APR 2 4 2000 Date: Thu, Apr 20, 2000, 11:55am To: dist3@supervisors.co.contra-costa.ca.us c� Subject: Farr Hearing April 25, 2000 To: Contra Costa Board of Supervisors I will be attending the public Dearing before you regarding the report of allegations of code violations regarding the Charles and Lorraine Farr property at 18311 Bollinger Canyon Road, San Ramon. I wish to have this information added to the records. I know this family because I am the mother of Lorraine "Lori" Farr and mother-in-law to Charles Michael "Mike" Farr. I will tell you that they are a wonderful family who support their neighbors and are a true asset to their community and Contra Costa County. This is not just my opinion, as a proud family member, but I am told constantly by others that this is so. Mike has worked very hard under duress of physical ailments to establish a home and business of which to be proud. This, of course, provides Contra Costa with a great tax advantage. Were Michael to close down his business it would directly affect the county income. I mention this because, while it is not the issue at hand, all actions the Board makes have far reaching reactions. Not, of course, just in this matter but in all your decisions. I do not envy you making decisions that involve the real lives of so many people. Community service is not always a rewarding job. The allegations of code violations are the issue here. As many elected officials have found, as far reaching as Presidential candidates, there is always a code that can be surfaced that we have all violated. Michael and Lori have no desire to cause problems for the county but are rather, as I previously stated, an asset. Michael needs to do his work where he is close enough to have Lori assist him and also take advantage of special equipment to ease his physical discomfort during the day. I have previously brought to the board's attention a physician's statement to this affect. If the board decides that the business can not be conducted at this address, he will be forced to close the business. That will affect his long earned livelihood and that of other family members who work for him, his neighbors, his clients, the community and the county. These are all tax paying, voting citizens. As the Board of Supervisors considers this matter, I urge you to weigh carefully all aspects of this issue. Your action will have far reaching affects to all whose lives have been touched by this remarkable, giving family. If I could have hand chosen a son-in-law I could not have hoped to find anyone with the qualities of work ethics, conscientiousness, and kindness of Michael Farr. As I frequently tell my daughter, she lucked out. The emotional toll this action has caused for this family is enormous. So again I ask you to view all the facts carefully. This is your chance to make a decision that is based not only n the letter of the law, but also in the spirit of the law. Sincerely, Nena McKinzie 575 Chetwood Street Oakland, CA 94610 510-601-9778 The Warholic's 18333 Bollinger Canyon Road San Ramon, CA 94583 Tuesday, April 25, 2000 �Spp,S To: The Board of Supervisors, Contra Costa County From: Michael and Adele Warholic We previously provided you with a comprehensive complaint regarding the C. M. Farr Metal Fabrication operation. It detailed, with indisputable evidence, the huge negative impact it had caused to our lives. The effects of the operation had negatively affected our health, our quality of life, and our wellbeing. We ask for your help in resolving this issue. We could not continue to live with the operation at the level that it had been operating, at the time when we filed the complaint. Since that time, the Farrs have contacted us and asked if there was any way that they could change their operation to mitigate all of our complaints and concerns. We came up with a number of items that they could do to reduce the impact of their operation on us. They have addressed, or are in the process of addressing, the items we have discussed thus far, and left the door open to an ongoing dialog of continuing to address any complaints or concerns that we still may have, now and in the future. Although there are still additional items and questions that need discussion and resolution, we feel that the Farrs are sincere in their efforts and continue to show a willingness to try and mitigate any issues we bring to their attention. At this point they have eliminated all fumes and residues from effecting us, they have eliminated traffic from blocking our access and reduced the noise associated with their traffic, and M.Warholic 04/25100 l of 5 have taken substantial measures, many of which are still ongoing, to reduce the noise from their operation. At this point, with continued cooperation from the Farrs, we are willing to continue trying to resolve the issues between us, regarding the Farr's Metal Shop Operation, to see if we both can coexist. We would appreciate any help or suggestions any of you may have. Thanks for your attention to this matter. Items thought to be in agreement on: 1. Fumes or particulate matter of any kind, generated from the metal shop operation, are not acceptable. The Farrs agree to operate in such a way as not to create any fumes, dusts, or residues that would end up on or over the Warholic's property. 2. Strict operating hours. 0700 through 1530 hours Monday through Friday only. No work on Saturday or Sundays or national holidays. 3. All fabrication work shall be performed inside the confines of the fully closed in portion of the shop with all doors closed. Shop (roof, walls, doors) shall be sufficiently sound insulated (insulation being added now per correspondence from the Farrs) so fabrication noises are sufficiently muted to the point that they are not a M.Warholic 04/25/00 2 of 5 problem. Rubber matting is being installed (per correspondence from the Farrs) in the shop to further reduce the noise. 4. The Farrs agreed to not run their large crane erection truck or its deck mounted welder for fabrication work at the 18311 site, or any other internal combustion driven welding rigs or other types of similarly powered fabrication machines. 5. The Farrs agreed to stop using their north yard for employee parking and agreed to keep forklift traffic to and from the north yard to a minimum. 6. The Farrs agreed to take measures to stop delivery vehicles, inbound and outbound, from blocking or impeding our legal deeded ingress and egress access to and from our property, and to have all trucks turn off their engines to reduce the noise when deliveries or pickups are being made. All deliveries and pickups relating to the business shall occur during the above spelled out operating hours. 7. No signs of any kind shall be posted for the operation, temporary or permanent. 8. No more than two employees shall be employed. 9. Existing county brokered agreement regarding shutting down the metal shop before any dwelling is occupied on that parcel shall not change. M.Warholic 04/25/00 3 of 5 Suggestions for the Farrs for further noise reduction. 1. Plant a forest of large trees, where possible, between the shop and the easement, starting from the high ground side on the south, to the delivery area on the north, to further reduce the impact of the operation. 2. Install a different type of muffler on the forklift or go to an electric model and/or add some type of sound absorbing product on the fence. The forklift noise, although maybe slightly reduced, is still objectionable (even with the newly installed high wood fence and by keeping the engine revs lower) as the low frequency drone still penetrates into all the rooms in our closed up house. 3. Always conduct all work inside shop with all doors closed and with sufficient sound insulation on doors, walls, and ceiling to block noise. Actions to be carried out by the Warholic's (at our cost). 1. Check into installing a 12 to 16 foot high sound wall on our property on the boundary of the easement between the Farr and Warholic property. Wall could be a combination of dirt berms and masonry wall. County would have to agree to grant a variance to allow for a wall of that height. 2. Plant additional trees along the mutual easement boundary. M.Warholic 04/25/00 4 of 5 Additional items that need to be worked out: 1. Some sort of conflict resolution needs to be worked out to handle any real or perceived deviations from the agreement. 2. The final agreement needs to be very detailed and specific written document, as it is the gray areas of understanding that always seems to cause the most trouble. Foremost, this agreement would have to be approved by Contra Costa County, as well as the Warholics and the Farrs. 3. Length of time metal shop can continue to operate from its present location? To be determined by how successful the Farrs efforts are in mitigating all of our concerns. A. Ongoing, with six month reviews. B. Till September of 2002? As stated by Mr. Farr at the September 1997 meeting at Supervisor Donna Gerber's office, indicating that he would be shutting down the business in five years or less. Supervisor Gerber and Dennis Barry were both present at that meeting. C. ??? A Warholic 04/25/00 5 of 5 P.O.Box 1050 Stockton,CA 95201 W.Washington St.at L Port road 23 Stockton,CA 95203 FAX(209 943-3229 Phone((209 943-3223 April 14, 2000 � 4 Philip Ludolph *,o I' k Building Inspection Departmentfiq7k,"O'7*0 of Conservation Division 651 Pine Street,0 Floor �'��'���,� � Martinez, Ca. 94553 /Oy Re: C.M.Farr Metals Const. Co. Building Inspection Report Philip, I am in receipt of your building inspection report and I'm afraid you have taken many-of my statements out of context. When we spoke on 1/6100 your questions were quite broad and general and directed to the steel industry in general. Lets begin again. Regal Steel Supply sells steel products ranging from less than 1 lb. per foot all the way up to 426 lbs per foot. All of our products have a variety of applications. Regal sells products to the Dairy"INDUSTRY",Water Districts,Farming "INDUSTRY", as well as the traditional applications we see going up throughout our communities. Farr Const. in comparison to our Steel Fabricators are extremely small. Regal categorizes this Company in our farming and dairy industry business. The Farrs buy miscellaneous and light beams as referred to in my testimony of 8/599. The general contractors Y tefer to, are not generals of large projects but those of a small nature that oversee construction of pole barns for example. I can understand your misconception with so many large steel projects being erected in our county right now. Let me assure you my reference to the Farrs is how they aid the community and ease that we at Regal have found them to deal with. This is a family run business aiding the agricultural and cattle"INDUSTRIES", its not a dirty word. I have this feeling you have this focus on certain words I used when we spoke, and in my testimony. If you are intent on doing so, focus on FAMILY, asset to COMMUNITY, PARTNERS to the cattle and farming community. Focus on the last paragraph of my testimony. When you focus so much on words like INDUSTRY and STRUCTURAL you are generating a picture that the FARR FAMILY is not about. The nature of the business that is preformed at the Bollinger site you should think of as more as a craftsman. In your summary of FACTS, you point out that "two employees provide labor for the Farrs". Regal's smallest fabricator account employees 10 laborers and their shop has 4 times the square footage as that of the Bollinger location. I suggest that you call this operation what it is, "a family owned and operated shop". Furthermore in your conclusion you refer to my letter stating nonagricultural uses of the shop ie. "churches". FOR CUD'S SAKE !!! The Farrs have to make a living and they do a small job in the community so your conclusion is to"cease and desist the operation"? I do not follow this logic at all. My reference is how a craftsman helps out his community while earning a living, nothing more. In the"Excerpt of Testimony"of 8/99 the translation was.butchered. It should read"my controller loves talking to Lori Farr on the phone and remarks how easy the Farrs are to deal with." "Taking the Farrs out of the community from a steel industry standpoint would be devastating."This is in reference to the fact the remaining ranchers and farmers local would have to go all the way to Stockton to take care of their needs. The above is what should be reported to the commission. I am in direct contrast to your recommendations. To the contrary the Board should conclude the metals shop site is consistent with its intended use and the community and agriculture INDUSTRY is fortunate to have a craftsman at their disposal. If you would like to further discuss this issue or any other aspects of my testimony please by all means give me a call. 1 800 649-3220. Very truly yours, f, Mar Chewning - Sales Manager CALIFORNIA ALL-PURPOSE. _ KNOWLEDQMEN'T State of C7 Q• +�--r�- - County of Q Q •tom•On �-t 1 1 14 1 1 e before me, _ t4� _ -ne� s ��� Date - Name and Tide of Offloer(e.g.,"Jam Doe,Notary Putftj-11-tuAl I V__ personally appeared Name(*)of Sigmrfe) )<Personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), +�a�.►.i - or the entity upon behalf of which the person(s) acted, ,1I �A AICA A.SIACK executed the instrument. + Corrm:ss�n 1 171223 ci WITNESS my hand and official seat. Mr C yrr• .- lex 26.2W2 Signature of Notary Public OPTIONAL - Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document.Date: 14,� I Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: -Xh oL Signer's Name: ❑ Individual ❑ individual Corporate qfficer ❑ Corporate Officer Title(s): n 4-n k, Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑General ❑ Attorney-in-T=act ❑ Attomey-in-Pact ❑ Trustee 1 O Trustee ❑ Guardian or Conservator ! ❑ Guardian or Conservator ❑ Other: ❑ Other: Top of thumb here w Signer Is Representing: Signer Is Representing: O 1695 National Notary Aaeoclatlon•6238 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91300-7184 Prod.No.5907 Reorder:Call Tog-Free 1.600-878.8827 COKSIDERWITHJ2L PAINS, LUCIA & WILKINSON LLP ATTORNEYS & COUNSELORS AT LAw 2300 CONTRA COSTA BOULEVARD OFFICE: 925-609-1699 SUITE 230 FACSIMILE: 925-1509-1690 PLEASANT HILL, CQ 94523 www.RLWLAw.com RECEIVED April 11, 2000 APR 12 2000 CLERK EO-ARI 3 OF SUPERVISORS CONTRA COSTA CO. Honorable Members of the Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: April 25,2000 Agenda Item- Building Inspection Report Concerning Investigation at 18311 Bollinger Canyon Road,San Ramon (C.M.Farr Metal Construction,Inc.) Dear Honorable Members: I am not the attorney for Mr.Farr, and am not writing this letter in that capacity,but as his neighbor and a resident of Bollinger Canyon. I had previously corresponded with the Board on this matter prior to its meeting of July 20, 1999, and had the opportunity to briefly address the Board at that meeting. Unfortunately, my involvement in an extended trial in Fresno will prevent me from being able to attend the April 25, 2000 meeting concerning this matter. I have read the March 30, 2000 report to the Board submitted by Phil Ludolph and Robert Drake. Frankly,1-am not terribly conversant about zoning, land use, and code enforcement matters, since my practice of law, and that of my of my office,relates to representation of law enforcement officers in labor,civil,criminal, and administrative matters. However,I am much more conversant with issues concerning Bollinger Canyon, and with Mike and Lori Farr,our wonderful neighbors, who have,unquestionably,the highest character for integrity, decency toward others, and concern for the environment. The Board should understand that these two very compassionate people are also passionate in their belief that this Board, when presented the true facts of this case, will do the right thing a-and let Mike's metal fabrication business continue in operation. First and foremost, I am struck by reading the report in this case that the current zoning laws do not permit the type of business (which the report refers to as both agricultural and non- agricultural metal fabrication)which Mr. Farr operates from the location. But a rigid and robotic °`marriage" to present zoning laws (for which changes have been proposed)will, in this case, present injustice through inflexibility. I am mindful about the history of this canyon, which has been the location of a former NIKE Army missile base, an industrial plant which built bombs and Contra Costa County Board Members April 11, 2000 Page 2 other military munitions, a once proposed site of a center for delinquent youth, and a place where East Bay Regional Parks has a fabrication shop which makes everything from signs to park benches to other pieces of large equipment which is used in various Regional Parks. Is the Board aware that all of these activities have been, or are currently being carried-on in locations so close to the Farr property that one could almost reach them by standing at Mike and Lori's boundary line and shooting a rubber band? These various "industrial complexes" have undoubtedly brought noise, and traffic to all of the residents of this wonderful canyon, while Mike and Lori have brought respect for the land, the environment, and their neighbors. I have read the Wilson, Ihrig report dated August 2, 1999, which will also be read by the Board, concerning noise measurements of Mr. Farr's metal working equipment. That report concludes that the "...shop activities at C.M. Farr Metal Construction comply with the exterior noise limits which were proposed, but never adopted, by Contra Costa County." I have also studied, with some interest, the six page report submitted to the Board by Mr. Ludolph and Mr. Drake. Despite its singular reference to the noise which made communication difficult between the inspectors and the neighbor, the report is devoid of any suggestion that Mr. Farr's metal fabrication business poses a nuisance, hazard, or problem to the environment, or to any of his neighbors. With new construction going up at the beginning of the canyon which involves building houses with walls almost touching each other, how is one neighbor supposed to cut a 2x4 using a Skill Saw without creating the same level of"noise" that Mr. Farr's shop presents to a neighbor whose residence is 250 feet away? As the Board will undoubtedly hear, the Farrs have not taken this situation in a cavalier fashion -they have genuinely attempted to ensure that the business is committed to harmony with legal requirements,just as Mike and Lori themselves are committed to a harmonious relationship with the County, and with all of the residents in the entire canyon. Indeed, since the Farr's last appeared in the hearing before this Board, they have undertaken the following measures with regard to the metal fabrication operation: • They have built a new fence, and have raised the existing fence and closed all of the gaps previously existing in the fence. • They are in the process of installing sound- dampening acoustic tiles in the fabrication shop. • They are installing rubber mats around the metal punches, to dampen the noise from falling metal pieces. It is regrettable that the need for a metal fabrication business which relates solely to agriculture has dwindled with the transition of farm land and ranch land habitat to high density housing. Contra Costa County Board Members April 11, 20001 Page 3 I seriously doubt that Mr. Farr could barely subsist working only on agricultural projects, since the agricultural industry that once flourished in these hills is now spotty and insubstantial. But the value that Mike Farr brings to those in this area who still engage in agricultural activities is enormous. Since he owns livestock and has extensive land which requires care, he is fully conversant with the equipment which it takes to maintain either agricultural or livestock operations. I went to a social gathering a couple of weeks ago and saw Mike arrive and present one of the canyon residents a metal fabrication project which Mike had completed, and which will assist the property owner with repairing the large rototiller that he runs off his tractor. It is this type of situation in which Mike's knowledge and expertise is so particularly vital to the rural residents of this canyon (as well as Norris Canyon, where residents also know him, and to whom he is readily accessible). I dare say that very few "welding shops" in the area would know what to do when tractors or bulldozers break. Most of us who know very little about repair of agricultural equipment, still know enough to call knowledgeable people, and we call Mike Farr. Mike and Lori Farr have opened their front gate and their front door time-and-time again to those of us who call upon them for agricultural-related metal fabrication work, and to those of us who look to them as our friends and neighbors. It would be a sad commentary on the inflexible nature of our laws, regulations and ordinances if the members of this Board slammed the door on the ability of Mr. Farr to make a satisfactory wage simply because his property, in legal terms, "is not properly zoned", and in practical terms, is on the left side, instead of the right side of the road. Thank you for your anticipated sincere and thoughtful consideration of this most important decision to Mr. Farr and the constituents of this canyon community. Very tru yours, ichael L. Rai MLR:alt cc: Mike and Lori Farr TAR L WWRainsWisc\Board of Supervisors.Parnwpd ATTACHMENT - A Board of Supervisors August 3, 1999 Hearing, Item D.3, on Report on Farr Construction fetal Fabrication Shop Operation at#18311 Bollinger Canyon Road (RF 990410) Excerpt of Testimony Mark Chewning: I guess its good afternoon. I'd like to first of all answer back to Mike, and help staff here. I represent Regal Steel Supply. My name is Mark Chewning; I'm a Corporate Credit Manager. We do business with Farr Construction. Mike, we haven't been using lead paint for a long time. All paints that we're currently paying beans with, I can ... staff doesn't have to go through the expense to find this out. EPA. That goes back into the early 80's that we stopped using environmentally toxic types. So anything touching the ground or pictures of paint on the ground, let me assureyou let me assure you it is not contaminating any ground soils or water. 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 for bid for the quality of work that Farr Construction does. So any disruption in that type of business,.in the light structural and miscellaneous work that Mike does, would be a travesty to all of us because of the workmanship that he puts into his projects and puts himself into those projects. It's a pleasure doing business with the family. It's a family operation; My control with...everyone loved talking with the lawyer on the phone...there the easiest persons to do business with. So taking them out of the scope of what they provide to our community from an industry standpoint would be, would just be devastating for all. Thank you. Sup. Canciamilla: Thank you. ATTACIR NT _ B P.O.Sox 1050 Stockton,CA 95201 W.WashingtonStock RWAL at Pott Roadd 23 Stockton,CA 95203 FAX(209)943-3229 Phone 209943-3223 January 7, 2000 J 1� Z600 U PROPER yCo"S TICT ON DIVISION Phil Ludolph Building Inspection Department of Conservation Division 651 Fine Street, 4th Floor Martinez, CA 94553 Re: C.M. Farr Metals Construction Company Gentlemen: From a business standpoint, you just don't get any customers better than-the Farrs.-Farr, - __ .. .. . . . _ . Construction adheres to all our terms of sale from beginning to final unconditional release. The duality of work they perform is renowned and unsurpassed in our industry. The business they support locally in the county is not only as a fabricator but, as a craftsman as well. Local residents have used Farr Construction in their hand railing and fencing to enhance the character and security of their properties. The untold stories of community service the Farrs perform is the real asset of having their business locally based. The Farrs performed free of charge, countless projects at the local schools and churches where repairs or small changes were needed. Signage for local junior high school's marque were also done by the Farrs. Small footbridges were installed off-road so local children did not have-to- walk aveto-walk or ride their horses on public roads. Blind corners were cleared of brush and trees to aid in the safety of Bollinger Canyon Road, again by Farr Construction. I think you get the picture. The list can go on and on. The community is very fortunate to have a small company such as Farr Construction right in their own backyard. If you need any further information feel free to contact me at my office, (800) 649-3220 Very truly yours, / PAF RICIA A.BLACK Mark hewning Commission. # 1171223 Sales Manager nio Seanoaq n Cou ty My Comm. Iress xm Zd,2x1'2 License Detail Page 1 of I ATTP .iJ ENT - C CAUFORMA CONTRACTORS STATE LICENSE BOARD License Detail „ Contractor License # 00526206 DISCLAIMER The license status information shown below represents information taken from the CSLB licensing data base at the time of your inquiry.It will not reflect pending updates which are being reviewed for subsequent data base updating.The available information may not reflect any civil or criminal judgments or actions that have not been reported to the CSLB.If there are disclosable complaints(legal actions)on the contractor's license,that information will be provided.If you intend to pursue any kind of legal action,insure you get a"Verified Certificate"which is a certified license history covering a specific time period prior to taking any action. Extract Date: March 24,2000 * * * BUSINESS INFORMATION C M FARR METAL CONSTRUCTION INC 18311 BOLLINGER CANYON ROAD SAN RAMON, CA 94583 Entity: Corporation Issue Date: 03/08/1988 Expire Date: 03/31/2002 * * * LICENSE STATUS This license is current and active. * * * CLASSIFICATIONS C60 WELDING C23 ORNAMENTAL METALS HIC ROME IMPROVEMENT CERTIFICATION * * * CONTRACTOR BONDING INFORMATION This license has bond number 934889 in the amount of$7,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 04/01/1994 * * * WORKERS COMPENSATION INFORMATION This license has workers compensation insurance with the MAJESTIC INSURANCE COMPANY Policy Number: C19990220301 Effective Date: 07/09/1999 Expire Date: 07/09/2000 PAS;sonnet List UCOo.M"Umer-ftQMtnitrtal�at +�x _ rnu. t http://www2.cslb.ca.gov/iXpress/CSLB—Librar.../License+Detail.DML?LicNum=0052620 03/24/2000 License Detail .Page 1 of 1 CAU,FCMMA A CONTRACTORS STATE LICENSE BOARD License Detail Contractor License # 0037231 DISCLAIMER The license status information shown below represents information taken from the CSI.B licensing data base at the time of your inquiry.It will not reflect pending updates which are being reviewed for subsequent data base updating.The available information may not reflect any civil or criminal judgments or actions that have not been reported to the CSLB.If there are disclosable complaints(legal actions)on the contractor's license,that information will be provided.If you intend to pursue any kind of legal action,insure you get a"Verified Certificate"which is a certified license history covering a specific time period prior to taking any action. Extract Date: March 24,2000 * * * BUSINESS INFORMATION FARR C M METAL CONSTRUCTION 18311 BOLLINGER CANYON RD SAN RAMON, CA 94583 Entity: Sole Ownership Issue Date: 04/23/1979 Expire Date: 04/30/1989 * * * LICENSE STATUS This license is expired and not able to contract at this time. * * * ADDITIONAL STATUS INFORMATION The license will need a contractors bond to renew or reactivate. There may be a legal requirement to be met prior to renewal or reactivation of the license. * * * CLASSIFICATIONS C23 ORNAMENTAL METALS C60 WELDING * * * CONTRACTOR BONDING INFORMATION This license has bond number 9162010 in the amount of$5,000 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 10/11/1985 Cancellation Date: 10/17/1987 * * * WORKERS COMPENSATION INFORMATION There was no workers comp information found for this license. Rail nIrm"Ift Lf.c.eI1se_.RIImb—ar-Res+, . http://www2.cslb.ca.gov/iXpress/CSLE—Librar.../License+Detail.DML?LicNum=0037231 03/24/2000 Personnel License List Page 1 of 1 CAUFORNIA CONTRACTORS STATE LICENSE BOAR Personnel License Lis .. FARR, CHARDS MICHAEL Click on the license number to see the license detailed page of information for the person you selected. License Business Name city Association Disassociation status Number Date Daae FARR C M METAL SAN 00372316 CONSTRUCTI RAMON 04J23/1979 EXPIRED 00526206 FARR C M METAL SAN 03/08/1988 ACTIVE CONSTRUCTI RAMON I«I. a s�.Jl m.bor.._l3 st t contr..a ctar MarDe...Rew—eat P ono-l....Name Remm t .../Personnel+License+List.DML?SegNumber=0234306&PersName=FARR%2c+CHARLES-03/24/2000 8.Con"rvation Elemat ATTACHMENT - D i"�y-1m�°nt Ttevivi�w - 8-x. Within the major resource conservation areas, consider approval of development that is only directly related lo aural prod ucti s,recreation,water-related recreation, or the utilization of mineral, soil, water,and animalresources; or agric ultu W/residential uses of similar character. y. Discourage applications for major subdivisions of agricultural lands. Where such applications are accepted for processing, rewire concurrent application for rezoning of such lands to the Planned Unit Development District. Require deed of development rights to prevent further subdivision when so doing is consistent with law. 8-z. Identify and map those properties that include prime productive agricultural soils(Mass I and H capability accordingto the U.S. Soil Conservation Service)for use in the review of development applications and evaluating the ULL. 8-aa. Modify the agricultural zoning districts to allow agricultural service businesses and uses in agriculturally designated areas as follows: (1) Small agricultural service businesses, which can be defined as a home occupation,are permissible in all agricultural designations; (2) Larger agricultural service bei horses which have more than one employee but are dearly subordinate to on-site production activities, and which occupy less than th acre of land and do not adversely affect agricultural production in the area, may be permissible in all agricultural designations, subject to issuance of a land use permit; (3) Agricultural service businesses that occupy more than ch acre of land and are not subordinate to onsite production activities will require rezoning with a '"Agricultural Service Combining District" overlay. 8-ab. Agricultural employee housing may be permitted, in addition to the residential density allowed by the ` underlying zoning or land use designation, in accordance with the needs of the local production sector. Criteria to establish the specific conditions which will apply to the agricultural employee housing shall be included in the Zoning Ordmance and shall address permanent and trimsient employees. 8-ac. Review and revise, as necessary, minimum lot size standards in agricultural zoning districts within the Urban Limit Line to be consistent with the goals and policies in this General Plan. Minimum lot sizes for prime productive agricultural soils designated agricultural use in the Land Use Element(Class I and B)shall be set at 40 acres outside the Urban Limit Line. 8-ad. Camider detaching land in agricultural production not planned for development from any special taking districts which are intended to serve urban needs, such as sewage treatment and hospital districts. 8-ae. In a manner consistent with growth manapment policies, allow water lines or other urban infrastructure which must be constructed across agricultural properties outside LAFC9 designated.,Spheres of Influence 8-44 P-.Mail : 18311 Bollinger Canyon Rd. It is understood from the staff within your department that you are the best man to talk to regarding any issues relating to the general plan. I have a current code enforcement case regarding the operation of a metal fabrication shop within a A-4 zoning APN# 199-030-044. This property is also effected by the Williamson Act. (1925122 AP##17-75)which identifies an agricultural use permitted through contract between the owner and the County; I believe it's current use is grazing last updated in 1996. According to other planning staff the last time the general plan was reviewed was 1991, and I need to confirm this was the case. Also, it is understood that there was a final review which took place to the general plan in 1996? The property owners have sighted the fact that the County has not revised it's general plan to include_agriculture business(Sec 8-aa of general plan)Could this be used as an excuse to avoid code enforcement action? Could you please respond as soon as possible. •'Patrick Roche" To: piudoobi.co.contra-costa.ca.us <proch@ttanaport.co. Conus-costa.Ca.us> cc: i*3l29C2000 12:38 PM Subject: Re: 18311 Bollinger Canyon Rd. Metal Fabrication shop in(A-4)zone. Phil. Per your inquiry, a comprehensive update to the County General Plan was approved in January 1981. That document directed the CDD to examine modifications to the agricultural Zoning designations to allow agricultural service businesses within agriculturally designated areas (policy Baa, page 8-44) . This policy was carried over into the 1886 GP Reconsolidation. Please note that although this policy direction is in the GP to date the County has yet to enact these changes in the Zoning Code. I do not believe that the fact these changes have not been enacted would relieve the property owner from adhering to the current zoning code. Should you have further questions, I can be reached at 5-1242. Patrick Roche Secretary of State's Office - Cox- ution Sea... Page 1 of 1 ATTACEPr1ENT E am ft Bill Jones Disclaimer:The Information displayed here Is current as of "Mar 20,2000" and is updated weekly.It Is not a complete or certified record of the Corporation. Corporation C. M. FARR METAL CONSTRUCTION INC. Number: C112477 bate Filed: 10/12/198 tatus: actio Jurisdiction: California Mailing Address 18311 BOLLINGER CANYON RD AN RAMON CA 94585 Agent for Service of Process LEONARD L NOLTING 199 N HARTZ AVE STE T DANVILLE, CA 94526 • For information about certification of corporate records or for additional corporate information, please refer to CC orate Records. • dank fields indicate the information is not contained in the computer file. • If the status of the corporation is "Surrender",the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. New California Business Search Need information about the display? How can I find more information about a corporation? If you have questions or comments regardmi the content on this page,please feel free to use our ori` 1'+�rrrr Please report any technical problems to the_ -webdeveloper@ss.ca.gov. @1999 CA Secretary of State Business Filings Section-CgWorations Unit http://204.147.113.12/corpdata/ShowAIlList?QueryCorpNumber=C l 124770 3/24/2000 Secretary of State's Office Corp ,tion Search Page 1 of 1 Bill Janes Disclaimer:The Information displayed here Is current as of"Mar 20,2000" and Is updated weekly. It Is not a complete or certified record of the Corporation. For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record,you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Results of search for " c. M.farr Corp Date Status Corporation Name Agent for Service of Number plied Process 01124770 117/12/1982 active C. M. FARR METAL LEONARD L NOLTING CONSTRUCTION iN . New California Business Search If you have questions or comments regarding the content on this page,please feel free to use our Please report any technical problems to the webdeveloper@ss.ca.gov. 01999 CA Secretary of State .Business Filings Section-Corporations Unit http://204.147.113.12/corpdata/ShowList 3/24/2000 COMMUNITY DEVELOPMENT DEPARTMENT CONTRA COSTA COUNTY DATE: March 30, 2000 TO: Carlos Baltodano, Director of Building Inspection Attn: Philip Ludolph,Building Inspector FROM: Dennis M. Barry,AICD, Community Development r for By: Robert H. Drake,Principal Planner RE: Assessment of Metal Shop Operation Farr Property 18311 Bollinger Canyon Road,San Ramon area (APN 199-030-040) This is in response to your memoranda of November 16, 1999,January 11, and February 29, 2000 concerning your investigation of the alleged zoning violations at the above listed property. The property is zoned Agricultural Preserve, A-4. Moreover, at the time that the County applied the A-4 zoning district to this property in 1975, a land conservation contract,File#AP 17-75, between the owners at the time (Habel, et al.) and the County was recorded against the property. The contract was established for an initial 10 year period, with an automatic one-year extension of the contract each year,unless one of the parties files a nonrenewal action. In 1996, the current property owner filed a nonrenewal of the land conservation contract which will cause the contract to expire in 2006. Together,the zoning and land conservation contract limit the use of the site to agricultural uses. In addition, the 1975 contract authorizes two ranch houses, a barn, a tool shed, and grazing uses. Assessment of Metal Shop!Ise I have reviewed the results of your investigation as well as reviewed testimony from the August 3, 1999 Board of Supervisors hearing. That information includes: • a January 7, 2000 written statement and August 3, 1999 testimony from a Stockton steel supply company(Regal Steel Supply,Inc.)on the commercial nature of the operation serving nonagricultural activities;this testimony was ostensibly offered in support of the land owner. However,it is evident that the Farrs are conducting business operations with this commercial operation. • the size and intensity of the operation and products reported in your memoranda involving the use of large metal manufacturing tools, spray painting, and noise levels exceeding customary agricultural activity. r i Farr Metal Fabrication Use • California Contractors State License Board web site information identifying the C.M. Farr Construction Inc. as active with the the following classifications for welding, ornamental metals, and home improvement associated with the subject site. Based on that information,I am satisfied that the metal shop activity is serving more than agricultural operations. Accordingly,it is my conclusion that the existing metal fabrication use is not authorized by either the zoning ordinance or by the land conservation contract. ReQ=st for Clarification of Pri'oramt ff Report to the Board When your report is provided to the Board we would request that you clarify one aspect of the July 20, 1999 staff report to the Board of Supervisors. At the bottom of Page 2 of that report we indicated that the applicant had made no effort to exercise a 1996 land use permit which they had obtained from the County. We should have stated that we were not aware of any effort by the applicant to exercise that land use permit. Should you have any questions, please call me at X5-1214. Finally, we regret that we were not able to respond more quickly on this matter. We were asked by County Counsel at the February 12, 2000 meeting to investigate the title record on this property before this matter came back to the Board This investigation took longer than expected. cc: Dennis Barry Catherine K.utsuris County Counsel,Diana Silver File cAwpdo6farnmcm RD\ _2_ • tF a � of i a4 i a k y s• f� r. j Y•; oy � `b. t t � j Z N 5 4 � •,.,r'ak... .. ,.. <{ 'j-, +,j�f .,+1Z� ��t., ��k �P�'�yq .i, `�'"".;.+'�.f'R�@, 4 v "J9Ai 5 6�s ' Fy Y+ �r .� t •.ice'•.. {. h Z " Y: U n i 1 Y; �.' 'JiflfLGlt01R1SIpMmI �� ..... 4 < ? \ £ Y * }yr r f 1 9 .r t a t t } f )w { ,w;v Htl4 F " "v. ii: . 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San Karimvn 'ry IA LI F01N IA `.y sti .. ca��osas se.4 ' TIP �5 CITY OF SAN RA mON �QpP o�o��i�,�� d O SAN RAMON,CALIFORNIA 94593-1350 PHONE: (925)973-2500 FAX: (925)866-1436 E-MAIL: swamn&i,san-rmcaca.us April 24, 2000 Mike Farr President C.M. Farr Metal Construction, Inc. 18311 Bollinger Canyon Road San Ramon, CA 94583 Dear Mr. parr: On behalf of the City of San Ramon and the Public Services Department we would like to thank you for your help in relocating the Windmill on such short notice,to the Boone property (Forest Home Farms). With the abundance of work for contractors in this prosperous economy, it became a difficult task locating a contractor to do the job. With much to our delight a local contractor, Mr. Mike Farr was referred to us. Mr. Farr accepted the job and moved the Windmill without a hitch to its new home;the Boone Farm (Forest Home Farms). The goal is to recreate an historical farm and educate the public to the workings of farm life, which will include the importance of windmills played in farm history. Thank you for the time and knowledge you have lent in helping the City prepare this valuable piece of the past for the public to enjoy. Sincerely, r Ron McClean City of San Ramon Cry CouNCIL:973-2530 AnmocsrxATlvs SExvsca;973-2523 PAsxs a CommuNin Sxxvicis;973-3290 Buxom x SAmy Senvicm:973-2580 Crrr MANAaea:973-2530 Pobrce SERVICES:973-2700 ApuATec CENTER:973-3240 PcoNomic Devawev 1YNr Ssxvicn:973-2550 C[rr CLERx:973-2539 PUBLIC SERVICES:973-2800 CommuNn-Y CENTER:973-3200 ENGNURINQ SERVICES:973-2610 SEN1oR CENTER:973-3250 PLANNm SERvices:973-2550 "TKANsroxrxnoN SERVICES:973-2600 CONTRA COSTA COUNTY BOARD OF SUPERVISORS Hearing on Code Enforcement April 25,2000 at 11:00 a.m. C.M. Farr Metal 18311 Bollinger Canyon Road San Ramon Submission by Charles"Mike" and Lorraine Farr Contra Costa County Board of Supervisors April 25, 2000 ---EXHIBITS--- 1) XHIBITS---1) Photographs September 1988 and April 2000 A)View from from Farr/Warholic property line - looking toward shop B) View from shop front door, down new fence to Farr entry gate C)View from Farr/Warholic common driveway, outside Farr entry gate D) Farr/Warholic bridge replacement beams- September 1988 2) Sound Testing Deport of Acoustical Improvements - April 19, 2000 3) Medical evaluation letters regarding Charles"Mike"Farr 4) News article and letters of support: 1986, 1987, 1999, 2000 5) Building permit issued - December 20, 1999 fs i w n M M , n WA f , , K Y �'­" ­4z:)'­:"�.-x!:P'-e .:,':�.;- ,. � . ... .. .:...'..;;_�:2, I .''-��%.�. 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"' ""' ..:.,..:�..*," .., , . � .. ....� ."...i,".,-.-"� , � n -. .---'.� .-:3 .. �N� . ,: -, , - - -� - .. ,.>.M...-..... . -'.-:'. . �'- :�',--�� j�-�---- !�r!"�,%,-.-�,-k:-. -".-. .f�2, --'..". ., -.-RY�K -'m ..�� ,,.,*K�.W.,�.- ," . ...... ...... U-. MW .f..'�! iM�WWWWnZ..,-,, I " , � I-` , , , , � , � - x I - - I - - - , - � - I -- � - , * - - I, , - - - I - , " , , , , , , I I - * I - - I - .- I ­ --� %I- I. -� .1.1 - - " ­ ` - , - , -� -1 - �- .. 1'�""Il -"' -��- ,4 "' 1-11- , I-- ,, , i'-. " `4 , - , *I'. 1 ." , .... - .., , .., .....' --. I� .-,.., � .. , , I.,. I �. . .11` 4 111"'. I, , - %I - � � ' � � �� ',� N ': `& .�,,, ,�1► ��-� �� ��, ��.< �--�,v_.. , .,. . �. � �� �� �� ��;, 'e` �}•< x , •. �� z � 4� 4 �,�` Y� � � ��a �r �`�.t WILSON, IHRIG & ASSOCIATES, INC. ACOUSTICAL CONSULTANTS 5776 BROADWAY OAKLAND, CA U.S.A.94618-1531 Tel:(510)658-6719 Fax:(510)652-4441 e-mail:info@wiai.com 19 April 2000 web:www.wiai.com Mr. Mike Farr C. M. Farr Metal Construction, Inc. 18311 Bollinger Canyon Road San Ramon, California 94583 Subject: Post-Improvement Noise Measurements of Metal Shop Activities Dear Mr. Farr: This letter reports on our follow-up measurements of noise on your property to quantify the effects of the noise reducing treatments you have implemented since our previous visit. The results of our recent measurements will be compared to those we made last year and reported to you in our letter dated 2 August 1999. OBSERVED NOISE REDUCING TREATMENTS For the record,we observed two modifications you have made to your property to reduce the amount of noise emitted from you metal shop operations. Inside the shop, acoustically absorptive panels now cover most of the walls and the back side of the front sliding door. Panels have also been affixed to the large wall in the covered space behind the shop and on the back side of the sliding door that partially shields the large punch machine on the side of the shop. These panels reduce noise by absorbing sound energy, thus quieting the noise environment both inside and outside the shop. The wooden fence along the edge of the shop area has also been improved since our previous visit. The gaps between slats which existed previously have been covered and sealed, and the top of the fence has been extended approximately 2 . The fence now stands approximately 7' tall. Also,the fence now extends all the way down the driveway, whereas it only ran along the crest of the ridge previously. The improved fence will reflect more noise from the shop back towards the shop than did the original fence. While this will not reduce noise levels on your property, it will reduce the noise that is emitted in the direction of your neighbor's home. MEASUREMENT PROCEDURE As before, our measurements were made using a BrUel and Kjmr Model 2230 Type 1 Sound Level Meter that was calibrated immediately prior to the measurements with a NIST-traceable calibration tone. All measurements were made with the microphone 5' above the ground. WILSON, IMRIG &ASSOCIATES, INC. 2 C. M. Farr Metal Construction Post-Improvement Noise Measurements AREA NOISE ENVIRONMENT The area around your home and business has a widely fluctuating noise environment. At times,the ambient noise level drops to 30 to 35 dBA, which is typical for a rural area. However, the agricultural character of land use in the area introduces noise sources not found in more urban settings. For example,on our previous visit we measured noise levels of 95 to 100 dBA near your property line as you roto-tilled your land with a Kubota tractor. On our recent visit, we measured noise levels of 64 to 67 dBA at your property line as your neighbor did light work with his backhoe unit on his property. In addition to these "rural" noise sources, automobiles, trucks, and airplanes also impact the local noise environment. During our visits, we have observed many propellor aircraft. These planes typically generated noise levels of 51 to 53 dBA. The noise from a helicopter flyover reached 56 dBA. On the lower part of the property, noise from traffic on Bollinger Canyon Road was measured as high as 61 dBA for large trucks and was between 38 and 48 dBA for automobiles. SHOP NOISE MEASUREMENTS Our recent measurements of shop noises were made in the same two locations as our previous measurements to allow direct comparison. The first measurement location was approximately 40' east of the shop's eastern sliding door,and the second was near the property line. Both measurement locations lay along the line between the shop's main door and your neighbors' house. Table I compares the noise levels measured at the location near the shop. The previous measurements were made with the shop door partially open,and the recent measurements were made with the shop door closed. As we discussed,to the extent that you intend to operate with the shop closed from this time forward, this action could be considered part of your noise abatement improvements. (For direct comparison,however,we made measurements near the property line with the shop door both open and closed. These are presented below). The amount of noise reduction depends on the frequency content of the activity because the acoustical panels absorb more sound at some frequencies than at others and because the walls of the shop transmit low frequency sound more readily than high frequency sound. For example,punching with the small punch generates both low and high frequencies, and the absorption and blockage of the high frequencies accounts for the 27 dBA reduction. The noise levels from the large punch have not dropped at the location near the shop because this machine is on the side of the shop and still fairly exposed. Table H compares the noise levels measured on the property line in the direction of your neighbor's house. At this location,noise measurements of activities that are done inside the shop were repeated with the shop door both open and closed. WILSON, IHRIG &ASSOCIATES, INC. 3 C. M. Fair Metal Construction Post-Improvement Noise Measurements With the shop door closed, many of the activities are now either inaudible or generate noise levels that are impossible to discern from the quietest ambient noise level. These activities include grinding,welding, and using the cutoff saw. The small punch, drill, and needle gun generate noise levels that are only slightly higher than the quietest ambient,and below those of other noise sources such as traffic and airplanes. The punching with the large punch created levels between 40 and 42 dBA. These are also less than some traffic on Bollinger Canyon Road and about 10 dBA less than propeller aircraft. The 9 dBA reduction of large punch noise between August 1999 and today is entirely attributable to the improvements you have made to the wooden fence. For direct comparison with the previous tests,we also measured noise from activities that are done within the shop with the sliding door partially open. These measurements are also shown in Table II. Opening the door increased the noise levels from the small punch by 4 dBA, increased the noise from grinding and cutting with the cutoff saw to levels slightly above the quietest ambient,and made welding noise audible (but still lower than the quietest ambient levels). Even with the door open, however, all of these activities still generate noise levels less than 40 dBA. DISCUSSION As we explained in detail in our 2 August 1999 letter to you,Contra Costa County does not currently have a noise ordinance,but they did consider one in 1979. In the draft the County considered,the allowable noise transmission from Light Industrial Land Use to Single or Double Family Residential Land Use, as measured at the property line, was 55 dBA between 7.00 A.M. and 10:00 P.M. Figure 1 shows the maximum noise levels measured at the property line location for shop activities and other identifiable noise sources. The drafted noise limit is also indicated on the graph. After the improvements to your property,the noisiest shop activity is punching with the large punch. This generates a noise level of 42 dBA, 13 dBA below the proposed limit of 55 dBA. All other shop activities are currently below 40 dBA at the property line measurement location. Please contact us if you have any questions about the information presented in this letter. Very truly yours. WILSON,IHRIG&A OCIATES, INC. � 4— Derek L. Watry Senior Consultant WILSON, INRIG &ASSOCIATES, INC. 4 C. M. Farr Metal Construction Post-Improvement Noise Measurements TABLE I NOISE LEVELS MEASURED 40.FEET FROM SHOP DOOR NOISE LEVELS SHOP ACTIVITY t APR OW REDUCTION Punching with Small Punch 79 50 - 53 27 dBA Drilling (Magnetic Core Drill) 69 - 73 50 - 52 20 Grinding 65 - 68 48 - 51 17 Punching with Large Punch 59 58 - 60 — Welding 56 - 59 42 -44 14 Using Cutoff Saw 56- 57 45 - 47 11 Using Needle Gun NIT 50 - 52 NIA t Shop door partially open � Shop door closed NIT—Not Tested NIA--Not Available WILSON, IHRIC & ASSOCIATES, INC. 5 C. M. Farr Metal Construction Post-Improvement Noise Measurements TABLE II NOISE LEVELS MEASURED ON PROPERTY LINE .NOISE LEVELS WITH DOOR CLOSED SHOP ACTIVITY AUG 991 APR QQ* RE TION Punching with Small Punch 52 - 53 33 - 35 19 dBA Drilling(Magnetic Core Drill) 44-46 35 - 37 9 Grinding 42 -45 below ambient N/A Punching with Large Punch 48 - 51 40-42 9 Welding inaudible inaudible N/A Using Cutoff Saw 38 - 39 below ambient N/A Using Needle Gun N/T 35 - 37 N/A NOISE LEVELS WITH DOOR OPEN SHOP ACTIVITY AUG 991 APR 001 REDUCTION Punching with Small Punch 52 - 53 36 - 39 15 dBA Grinding 42 -45 32- 34 10 Welding inaudible below ambient N/A Using Cutoff Saw 38 - 39 32 - 34 5 1 Shop door partially open during August 1999 baseline measurements Shop door closed Shop door partially open N/T--Not Tested N/A—Not Available WILSON, IHRIG &ASSOCIATES, INC. 6 G. M. Farr Metal Construction Post-Improvement Noise Measurements FIGURE 1 NOISE LEVELS MEASURED NEAR PROPERTY LINE 70 so DRAFT NOISE LIMIT m m 50 a z 40 30 Punching Punching Grinding Using Using Drilling Neighbor Trucks on Propeller Autos on with Small with Large Cutoff Needle Backhoe Bollinger Aircraft Bollinger Punch Punch Saw Gun Cyn Rd Cyn Rd 0 Before Improvements *After Improvements *Ambient Noise Sources Note: Lower limit of graph has been set at the quietest ambient noise level. Noises up to 10 dBA less than this may be audible, but would not measurably increase the A- weighted (dBA) noise level. Noise less than 20 dBA would probably not be audible, Anthony J. BerarJino, M.D., AP.0 Family practice 52o La Gouda Way Danville, California 94526 September 10, 1986 RE: Charles Michael Farr To Whom It May Concern, :ir. Farr has been .a patient at this office since February of 1984. He was, seen then and many times since, for unrelenting neck, shoulder and upper back pain. His symptomatology commenced with an automobile accident at age 22. Since that time he has undergone multiple diagnostic and .. therapeutic procedures, none of which have eliminated this near-incapacitating condition; among these have been long term treat at Kaiser-Permenente Hospital and Mount Diablo Hospital, orthopedic, neurologic and other consultations and most recently, magnetic resonance`; scanning. Upon the advice of his physicians and through painful experience, Mr. Farr has recognized that certain twisting; and lifting movements of the head and shoulders must be avoided. Ile therefore, has devised a system by which he can continue his trade as a fabricator of steel products, ie, , gates, fences, ornimental window guards. Ile utilizes members of his family to perform those tasks which exacerabate his symptons. Since Mrs. Farr, or one of their children , must be on hand, at all times to assist while he works, his "place of work", by necessity, has become his home and his specially outfitted truck. qtr. Farr, his wife and their trueLt, are a familiar sight in the San Rarron Valley, As this patient's family physician I have marvelled at his ability to continue to provide for his family in the face of pain and disappointment. Others, and there have been many in my practice, would have given up years earlier and sought relief from governmental agencies or other third parties. I-fr. Farr has perservered. To take his craft away from him now would have calamitous effects upon him, his family and the community which he services. Signed: A. J. Derardino, V.D. 61 t o ';{• r �' Ygnacio Valley 6f - Physical Therapy Ariyn R. Von Dyke, R.P,T. ASSOCIATES: Ilea 4r -� �` --3-.-.�� D� d.. Mary Ellen Brown, R.P.T. Diane Luce, R.P.T, Joni Masukowa, R.P,T. - '�� C� C..-�-+ -•-� C. Ann Carlson, R.P.T, �-� rte•.-� � Doctor's Park 2121 Ygnocio Valley Road r � 4,-- "--j -6. E104 Walnut Creek, CA 94598 � -K. / 415-939-4041 f EI Cerro Medical Center 536 Lo Gonda Way Danville, CA 94526 415-820-0518 1 �Z ,' • .,; / .�? 2121�Ygnacio Valley Redd.E104 •. AAyn R. VQ►1 C�yke,l.P T✓ - Wair>ut free .GA X4598, Mary Ellen/Br wfii, RRT,Assoc. � - 5110/931-4041' Helen Newman;1 R.P.T.Assoc: Lynn Whelan, R P.T,"Assoc. `53t1Lp Gonda Way,Suit6c' Pat PCahaETl, R.P.T.Assoc Danville,CA 94k6 ; V 51'0/R2Q-0518 02 N elf �.4.J`• •,, aE.J'"k.'',�-.�-'`.e- fir„.,..,�-' , , ti I l I � I i I I WEST COAST OSTAjC N COMPANY JAMES S. STEWART, MS, DVM KATHRYN R. STEWART 18475 BOL.LINGER CANYON ROAD SAN RAMON, CALIFORNIA 94583 USA PHONE OR FAX 925-831-8333 July 16, 1999 Re: C.M Farr Metal Construction, Inc. To whom it may concern, This letter is in support of the steel fabrication business, C.M. Farr Metal Construction, Inc., 18311 Bollinger Canyon Road, San Ramon, CA. We find this business to be an asset to our ranch and our community. We regularly utilize the services of this company in our ostrich and cattle ranching operations and benefit from the close proximity to our operations. Respectfully, -O&Lk 14V James S. Stewart, MS, DVM athryn R. Stewart r RAINS, LUCIA WILKINSON LLP ATTORNEYS COUNSELORS AT LAW 2300 CONTRA COSTA BOULEVARD VFFIcE: 025'6070- I ago SUITE 230 FAcsIMILE.: 925-600-1 Goo PLEASANT HILL, CA 04523 www.RLWLAw..com April 11, 2000 Honorable Members of the Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: April 25, 2000 Agenda Item- Budlding Inspection Report Concerning Investigation at 18311 Bollinger Canyon Road,San Ramon (C.M. Farr Metal Construction,Inc.) Dear Honorable Members: I am not the attorney for Mr. Farr, and am not writing this letter in that capacity, but as his neighbor and a resident of Bollinger Canyon. I had previously corresponded with the Board on this matter prior to its meeting of July 20, 1999, and had the opportunity to briefly address the Board at that meeting. Unfortunately,my involvement in an extended trial in Fresno will prevent me from being able to attend the April 25, 2000 meeting concerning this matter. I have read the March 30, 2000 report to the Board submitted by Phil Ludolph and Robert Drake. Frankly,I am not terribly conversant about zoning,land use, and code enforcement matters, since my practice of law, and that of my of my office, relates to representation of law enforcement officers in labor, civil, criminal, and administrative matters. However,I am much more conversant with issues concerning Bollinger Canyon, and with Mike and Lori Fan, our wonderful neighbors,who have,unquestionably, the highest character for integrity, decency toward others, and concern for the environment. The Board should understand that these two very compassionate people are also passionate in their belief that this Board, when presented the true facts of this case,will do the right thing- and let Mike's metal fabrication business continue in operation. First and foremost,I am struck by reading the report in this case that the current zoning laws do not permit the type of business (which the report refers to as both agricultural and non- agricultural metal fabrication)which Mr. Farr operates from the location. But a rigid and robotic "marriage"to present zoning laws (for which changes have been proposed)will,in this case, present injustice through inflexibility. I am mindful about the history of this canyon,which has been the location of a former NUM Army missile base, an industrial plant which built bombs and r Contra Costa County Board Members April 11, 2000 Page 2 other military munitions, a once proposed site of a.center for delinquent youth, and a place where East Bay Regional Parks has a fabrication shop which makes everything from signs to parr benches to other pieces of large equipment which is used in various Regional Parks. Is the Board- aware oardaware that all of these activities have been, or are currently being carried-on in locations so close to the Farr property that one could almost reach them by standing at Mike and Lori's boundary line and shooting a rubber band? These various "industrial complexes"have undoubtedly brought noise, and traffic to all of the residents of this wonderful canyon, while Mike and Lori have brought respect for the land,the environment, and their neighbors. I have read.the Wilson, Ihrig report dated August 2, 1999,which will also be read by the Board, concerning noise measurements of Mr.Farr's metal working equipment. That report concludes that the "...shop activities at C.M. Farr Metal Construction comply with the exterior noise limits which were proposed,but never adopted,by Contra Costa County." I have also studied,with some interest,the six page report submitted to the Board by Mr. Ludolph and Mr. Drake. Despite its singular reference'to the noise which made communication difficult between the inspectors and the neighbor,the report is devoid of any suggestion that Mr. Farr's metal fabrication business poses a nuisance, hazard, or problem to the environment, or to any of his neighbors. With new construction going up at the beginning of the canyon which involves building houses with walls almost touching each other,how is one neighbor supposed to cut a 2x4 using a Stall Saw without creating the same level of"noise"that Mr.Fart's shop presents to a neighbor whose residence is 250 feet away? As the Board will undoubtedly hear, the Farrs have not taken this situation in. a cavalier fashion-they have genuinely attempted to ensure that the business is committed to harmony with legal requirements,just as Mike and Lori themselves are committed to a harmonious relationship with the County, and with all of the residents in the entire canyon. Indeed, since the Farr's last appeared in the hearing before this Board, they have undertaken the following measures with regard to the metal fabrication operation: • They have built a new fence, and have raised the existing.fence and closed all of the gaps previously existing in the fence. • They are in the process of installing sound-dampening acoustic tiles in the fabrication shop. • They are installing rubber mats around the metal punches,to dampen the noise from falling metal pieces. It is regrettable that the need for a metal fabrication business which relates solely to agriculture has dwindled with the transition of farm land and ranchland habitat to high density housing. r t Contra Costa County Board Members April 11, 2000 Page 3 I seriously doubt that Mr. Farr could barely subsist working only on agricultural projects, since the agricultural industry that once flourished in these hills is now spotty and insubstantial. But the value that Mike Farr brings to those in this area who still engage in agricultural activities is enormous. Since he owns livestock and has extensive land which requires care, he is fully conversant with the equipment which it takes to maintain either agricultural or livestock operations. I went to a social gathering a couple of weeks ago and saw Mike arrive and present one of the canyon residents a metal fabrication project which Mike had completed, and which will assist the property owner with repairing the large rototiller that he runs off his tractor. It is this type of situation in which Mike's knowledge and expertise is so particularly vital to the rural residents of this canyon (as well as Norris Canyon, where residents also know him, and to whom he is readily accessible). I dare say that very few "welding shops" in the area would know what to do when tractors or bulldozers break. Most of us who know very little about repair of agricultural equipment, still,know enough to call knowledgeable people, and we call Mike Farr. Mike and Lori Farr have opened their front gate and their front door time-and-time again to those of us who call upon them for agricultural-related metal fabrication work, and to those of us who look to them as our friends and neighbors. It would be a sad commentary on the inflexible nature of our laws,regulations and ordinances if the members of this Board slammed the door on the ability of Mr.Farr to make a satisfactory wage simply because his property, in legal terms, "is not properly zoned", and in practical terms, is on the left side, instead of the right side of the road. Thank you for your anticipated sincere and thoughtful consideration of this most important decision to'Mr.Farr and the constituents of this canyon community. Very truvyours, chael L. Rai 1vII.R:alt cc: Mike and Lori Farr M L W%UWncil++Ii9"owd of Super,&=.Fvr.wpd Kirk Alan McKIt>tAt 3053 FreePort Blvd. Sacramento,CA 95818 916-448-2769 4-11-00 To WhM It Wy Concern: This it to save as a positive referral for C.M.Farr Construction loud at 18311 Bollinger Canyon Road,San Ramon,+California. I have been intiamely involved with the property and busims since 1976. I amimte d my sister "Lori" and brother-in-law "Mike" in the conzWxdon of their borne at the afiore tmmdoned location. Ova the years I spent a few days up to several mantra wanking for*am before otbar wwrest would employ my time. I was ably to I"M much About Oop3uwtion and I&by working along side Mike. Maw was always straight forward and fair, over conscious of safety and doing things,just right. I beagaa to IOM tbO importance: of producing the finest work possible. Since= 19761: assisted in; nm ins the home, landscaping, helping in the shop, re-roofing the house 15 ymrs lager and most recently fabricating stone counters and a shower for a r=odel of their home. Durlug this work I was always impressed with the amount of work that could be done with little human resource. In the corly years Milo:and I would be at a jab all day just the two of us. In my twenty's ih a Farr's extended a hand to me in the farm of a days work for a days pay. I was the part time third member of the crew on and off site. During nearly 25 years I have never wen more that*m*individuals engage in meatal work on the crew for Farr construction. At most tunes two and AM Only a sj*ee worker wen employed in the:welding shop. During the 1990's I teal in the home remodel and garden construction. 1 can with an catairity profess knowledge that the number of employees engaged in metal fabrication has buts limited to Mike and two full time=4 one part time employee. It is with this intimate knowledge:that I would rebut any refe:rm"to as increase in the size of the C.M.Farr const=don Am. Should twee be any l u*w questions regarding the work performed on the property or cbuntter reference for C.M. & Lorraine Farr, please feel l ee to Annexa me at your eufiest conveniwov� Truthfully, htOlCfnacie 1 April 20, 2000 Honorable Supervisor Gayle B. Uilkema 651 Pine St. Rm. 108A Martinez, Ca. 94553 Re: Public hearing before the Board of Supervisors on Tuesday, Apri125, at 11:00 A.M. regarding allegations of supposed code violations by Charles and Lorraine Farr, 18311 Bollinger Canyon Rd. , San Ramon. Honorable Supervisor Uilkema, We understand that the Board of Supervisors will be at the above meeting, to try to decide what action to take regarding these allegations -of supposed code violations. You.are our supervisor for the Martinez area in which we live which is why we wanted to offer you a personal view of this situation. My name is Jim Farr ;. Mike (Charles) is my brother, which is why'l.ipy wife and I are so concerned about 'this decision you will be part of. Mike and Lori have been struggling with this land use issue since 1986. They have gone out of their way to help just about everyl.'fiarmer, rancher, and neighbor in the canyon at one time or another with a whole range of projects. Their small family ran welding shop is located on. the property making accessibility easy for neighbors needing repairs. This has eliminated the need for them to travel out of the area to welding shops with little or no knowledge of how to repair the special equipment used in this area. Mike living beside these people in the canyon knows what is used and has become the neighborhood expert .We hive in a very similar area here in Martinez out on Alhambra Valley Road and I have to go out. to Mike's to have my tractors fixed so I can understand is value to his community. If ,the neighbors of Mike and Lori were polled I'm sure you would see an overwhelming vote in favor of their welding shop continueing. His neighbors need him, the community needs him, and his family needs him to continue. Mike has been working with a disability for over 30 years, he can't lift very much weight and depends on his family being close for assistance. My nephews Mike and Paul are #gsently working and helping Mike now. This family has been through enough! Don't take it away from them! The former Board of Supervisors after hearing hours of testamony stated they wanted to look and see what they could do to accomadate the Farrs. Mike and Lori have followed their suggestions., don't you think the present Board of Supervisors should uph6ld'-thedde&1i1ass and suggestions of their former Board? Sincerely, Jim and Trish Farr (925) 370-1018 ,nbject: Farr Meering Aprff 259,20W Lute- Thu,20 Apr 2000 11.55:30-0700(PIAT) i9W.Mia9taebtyjad a j=McKiUM To; .'=" fiti -cam. us ro: contra Cost& Board of Supervisors will be attending the public hearing before you regarding the report of allegations of code violations regarding the Charles and Lorraine Darr property at 18311 Bollinger Canyon Road, San Ramon. I wish to have his information added to the records. I know this family because I am the mother of Lorraine "Lori" Farr and mother-in-law to Charles Michael "Mike" Parr. I will tell you that they re a wonderful family who support their neighbors and are a true asset o their community and Contra Costa County. This is not just my opinion, as a proud family member, but I am told constantly by others `%hat this is so. Mike has worked very hard under duress of physical .ilments to establish a home and business of which to be proud. This, of course, provides Contra Costa with a great tax advantage. Were Michael to close down his business it would directly affect the county ncome. I mention this because, while it is not the issue at hand, all actions the Board makes have far reaching reactions. Not, of course, just in this matter but in all your decisions. I do not wavy you making decisions that involve the renal lives of so many people. Community eervice is not always a rewarding job. The allegations of code violations are the issue here. As many elected officials have found, as far reaching as Presidential candidates, there Le always a code that can be surfaced that we have all violated. Ai.chael and Lori have no desire to cause problems for the county but are rather, as I previously stated, an asset. Michael needs to do his vork where he is close enough to have Lori assist him and also take advantage of special equipment to ease his physical discomfort during the day. I have previously brought to the board's attention a physician's statement to this affect. If the board decides that the business can not be conducted at this address, he will be forced to close the business. That will affect his long earned livelihood and that of other family members who work for him, his neighbors, his clients, the community and the county. These are all tax paying, voting citizens. As the Board of Supervisors considers this matter, I urge you to weigh ' carefully all aspects of this issue. Your action will have far reaching affects to all whose live have been touched by this remarkable, giving family. if I could have hand chosen a son-in-law I could not have hoped to find anyone with the qualities of work ethics, conscientiousness, and kindness of Michael Farr. As I frequently tell my daughter, she lucked out. The emotional toll this action has caused for this family is enormous. So again I ask you to view all the facts carefully. This is your chance to snake a decision that is based not only n the letter of the law, but also in the spirit of the law. Sincerely, Mena McKinzie 575 Chetwood Street Oakland, CA 94610 510601-9778 April 24, 2000 ATTENTION: Conta Costa County Board of Supervisors Dear Honorable Members of the Board; I have lived in Bollinger Canyon for over 27 years. Since Mike has been my neighbor, the shop has never created any problems for me. In fact, about 6 months ago I had a problem with my bridge which is a part of my driveway and is the only way to get to my house. I called Mike at 6 AM to ask if there was anything that he could do to make the bridge usable again. Because he has such a unique understanding of repairs and maintenance of steel structures he came immediately to my rescue. By 10AM he had made some temporary repairs so that is was usable and within 2 days he had it totally reinforced and stronger and better than before. This is one example of many things that he does for his neighbors in the canyon. I hope that this letter will show our support for allowing Mike to keep his shop and to let you know that this is a variance that would be strongly supported by many. Sin�cerre! Thomas;;.�Jones Jr. 18181 Bollinger Canyon Road, San Ramon, CA 94583 15355 Bollinger Canyon San Ramon, CA 94583 July 30, 1999 Donna Gerber Supervisor, District Three Contra Costa County Board of Supervisors 309 Diablo Road Danville, CA 94526 Dear Supervisor Gerber: Our nearest neighbors in Bollinger Canyon are Michael and Adele Warholic. However, during the five years we have been neighbors,we have never seen Mrs.Warholic and never spoken with Mr.Warholic, although on several occasions we have tried to do so. Never the less, we feel very at home and welcome in Bollinger Canyon because of the support and friendship extended to us by Mike and Lori Farr. Mike and Lori have repeatedly helped us "city folk" adapt to country life. They have repaired our gate, helped shore-up our driveway and bridge (using a tool Mike fabricated in his shop), hauled material in their truck, and even removed rattlesnakes from our patio. The way we have been treated by Mike and Lori is no different from the way they help and support everyone in the canyon. Whenever anyone need helps, Mike and Lori are always there(usually without having to be asked)to do whatever is needed. The purpose of this letter Is to express our strong support for Mike and Lori and their welding shop. Specifically, we believe that they should be allowed to keep their welding shop at the present location within the canyon, as it not only provides their livelihood, but also offers a much-needed service to canyon residents. Mike and Lori (and their welding shop)are assets to the canyon. To force them to move their business is uncalled for and unjust. We would appreciate you giving this matter your prompt personal attention and are available at anytime, should you like us to share our views with you in person. You can contact either of us at home (925) 831-0132 or Ron at his office (925)904-6588. Sincerely, 404z� /��/ BarbaraJ. ri Ronald . l�rather cc: Mike and Lori Farr Michael and Kathryn bins 18875 Bollinger Canyon Load San Ramon, California 94583 July 24, 1999 Honorable Members of the Board of Supervisors Contra Costa County County Administration Building 651 fine Street Martinez, California 94553 RL; Complaint of Michael J. Warholic against C.M. "Mike"Farr We are residents of Bollinger Canyon, and neighbors of Mike and Lori Farr. We have become aware that Mr. Warholic has made a series of allegations relating to Mr. Farr's welding business in an apparent(and we believe malicious) effort to force Mr. Farr to relocate his equipment. We have personally reviewed Mr. Warholic's serious-sounding but factually bereft claims of potential safety and pollution violations, and join in the chorus of support from our neighbors in the canyon who know Mike and Lori, and who have been beneficiaries of their friendship, and of Mike's invaluable assistance in metal fabrication projects(of both an agricultural and non-agricultural nature), and repair of equipment which most of us must use to assist in maintaining the vast amounts of land which comprises this wonderful canyon. Before we explain why it would be such a tragic mistake for this Board to extend any support to Mr. Warholic for his hate-ridden claim, we pose this simple question to you: If Mr. Farr's business is so harmful to the environment, and his manner of operation is so antithetical to human health and safety, why hasn't an entire hoard of canyon residents who are downstream to the Farr property(like us) and who must suffer from environmental pollution he has allegedly created descended upon County government to rid our beautiful canyon of the likes of Mike Farr? Why is the cry of outrage in the name of public health and safety waged by the single and solitary voice of Mr. Warholic? It is, we suggest,because Mr. Warholic's song of danger and his chorus of zoning violations is so far off-key that no one else who lives in this canyon, and who visits Mike and Lori on a regular basis(as do we)cares to join in Mr. Warholic's off-beat (and off the mark)L rnusic." We are not only fortunate enough to have a beautiful piece of property in this canyon,but we are even more fortunate to have Mike and Lori(and Mike's business) as neighbors. They are, without doubt,the most kind and caring people we have ever called neighbors. Flowers from Lori's verdant garden(which seems to have escaped the toxic dust and fumes which allegedly overcame Mr. Warholic) adorn our kitchen as this letter is typed. Lori or Mike periodically stop by to say hello and present us with sprays of flowers and foliage from their massive and architecturally stunning hillside which, before their arrival, was choked with poison oak and star ul -24-99 05: 50P Michael L . Rains „ Esquiv (925) 855--4673 P.02 poison oak and star thistle, Last year, a large tree fell across my creek during a heavy rain Storm, and threatened to block the creek and create a multitude of erosion-related problems on my property. Mike showed up with a chainsaw, his usual enthusiasm, his constant work-ethic,and his (apparent)God-given ability to do anything, and the tree was cut, and the disaster averted in short order While we have called upon Mike to assist in the most mundane of agricultural and non- agricultural repair projects on our property (including the repair of fences,the repair of our old Willys farm truck, and the installation of a culvert pipe to facilitate drainage around our house, we have also enlisted his assistance on more gargantuan projects which required someone who understands physics, structural engineering, and mechanical engineering, and who is committed to doing it right, doing it safely, and doing it legally. We drop in on Mike while he is at work in his shop periodically, and have yet to see his work area in any type of disarray, We have no worry for our safety when we barge into Mike's place unannounced, and have yet to suffer any type of malady, or be overcome by airborne toxins, on these frequent occasions. The fact of the matter is that Mike Farr does more than just run an orderly and safe welding business on his property, He is a friend of the land,the streams, and the neighbors--with one exception,of course, Last year on a weekend Mike and one of his helpers trimmed tree branches which obscured portions of the two-lane carryon road, which, before cut, created potential blind spots for drivers,because Mike knows that the serenity of our canyon is an attraction to both joggers and bicyclists (none of whom, t believe, have been hauled out of the carryon by ambulance after being poisoned by Mr. Farr's business). We are one of marry families in Bollinger Canyon who know and appreciate the beauty of this land, and who are committed to the continuing health and vitality of our ground water, air,and the ecological system which has evolved. If any of this was even potentially threatened by ltiir. Farr"s business, we would be standing in your chambers in front of Mr. Warholic, making demands identical to those he has made, As it is, we see this as a most unfortunate effort by a sad and misguided individual to destroy a small business run by people with huge hearts. It is not for a lack of being able to judge the character of our neighbors that we tell our sixteen- month old son that, when he grows up and assumes the responsibility of making this land a better place to live, he should not follow in the footsteps of his lawyer mom and dad,but, instead, should look down the road apiece to the example set by-Mike parr. ly you Michael L, Rains rat:h!rLyn_A. Rains UG. -OS' 99 (THU) 14:31 NORRIS & NORRIS TEL: 1 510 934 3665 P. 001 Members of the Board of Supervisors Contra Costa County County Administration Building 551 Pine Street Martinez, California 94553 RE: Hearing on August 3, 1999 concerning property of Mike Farr located at IlI3l I Bollinger Canyon Road, San Ramon(Warholic Complaint) • Dear County Supervisors: I own the property at 15859 Bollinger Canyon Road. My family has owned property in Hollinger Canyon for over forty years, where we have raised our children, and now our grandchildren. I am writing this letter as a neighbor and friend of Mike and Lori Farr. Although my wife and I consider the Farrs to be good friends, and occasionally socialize with them,most of my contact has been with Mike,who I have called on many times to do welding projects on various pieces of farm equipment I use to maintain and care for my property. In every instance that I have called on Mike for assistance, he has responded promptly, and performed repair work safely and slallfuily. Mike's services and his type of-welding work are essential to those of us in the canyon who have farm equipment, outbuildings,fences, and a variety of needs for repairs of metal equipment and structures. On several occasions I have taken equipment to Mike's shop for repairs, I have always found the shop to be orderly and clean. Nike is concerned about the quality of his work and is he is also very conscientious about the environment. This is something I am aware of as a result ofnumeroits conversations with him about his reluctance to use.certain herbicides or pesticides on his property, even if they are scald commercially at nurseries. Although I have not read the complaint made against Mike by his neighbor,Mr, Warholic, I understand that it alleges that Mke has done something which was harmful to the environment,or which jeopardized the health or safety of his neighbor. Given the significant distance his neighbor's house is located from Niike"s shop area, I find such a complaint hard to believe. Given my knowledge of the way that.Mike works, and his respect for the environment and the safety of his friends and neighbors, I cannot imagine that Mike would engage in even a momentary departure of safe or healthful working practices. Please do not take any action which jeopardizes the ability of Mike Farr to continue to provide the welding services to residents in this canyon, like myself, who have become heavily dependent on his skill, and who are benefited by the close proximity of his shop to our property. Sincerely, Raymond and aharis, July 1999 1 wish to express my support for to continued operation of the Farr family welding shop. Without their services it would be much more difficult and expensive to continue our agricultural operations. They have supported our community by providing welding , +equipment repair and other fabricated metal services. Thescope, of services provided by their welding and metal fabrication shop have remained the same since 1983. Name Address Residence since 3 SS- Aj ar LI��'rS'j 4t'N /t'.L� t t L. r D L Q L4, 0/" �l t 000, AA d fL14 4uj P, 1998 ! wigh to SKppen my &AWrt for the cor*wW operation of the fir family W"V 9hop. WWW hair nrioee it woLAd be much more dll'ticuit and eN� to rwrttlrkw o� tural operations. They have u"orled our nii�y =nmuby ps OqJOM MVICIL 'i'tN @cup l of mvim pmMded by their wel ft WW MOW shop haw rrmakW the same since 1983. Reeidsrve skme t /f ZIK an CALIFORNIA INSURANCE CENTER OF NORTHERN CALIFORNIA .August 6, 1999 C. M.Farr 18311 Bollinger Canyon Rd.. San Ramon, CA. 94583 RB: Insurance Dear Mike&Lori: Thank you for continuing your insurance coverage's with our office. We have enjoyed working together for many years and I personally look forward to our continued relationship. As I explained at the renewal of your insurance policies it is getting increasingly more difficult to obtain competitive rates and premiums for your business. Insurance companies believe an iron fabricator and installer have a higher than normal exposure to loss, particularly catastrophic losses, and therefore, will price your insurance higher than the average type of business. To compound these problem insurance companies will decrease your premiums and are more willing to write your type of account if you pay larger premiums. If you were paying a premium of$100,000, more insurance companies would want to write your business. At your size fewer companies are eager to underwrite your business. Therefore, we end up with a higher rate and subsequently a higher premium. In short the premium justifies the exposure for an insurance company. It is to be hoped that,this helps you understand the continued increase in your premiums from year to year. It has less to do with your record of losses over the years,which by the way has been excellent,but more to do with your relatively small size. Thank you for your continued understanding. Sinc rely, c avJPresident xecutive Vice 1340 TREAT BLVD.,SUITE 480 •WALNUT CREEK,CALIFORNIA 94598 TEL.(925)299-1112 •FAX(925)299-0328 LICENSE #0423993 City of San Ramon 2222 Camino Ramon San Ramon, California 94583-1350 (415) 85+6-1400 October 27, 1987 Sunne Wright McPeak County Hoard of Supervisors 551 Pine Street Martinez, California 94553 RE: County File No. 2144-86; 18311 011inger Canyon Road r' Dear Ms. ,M • In April, 1987, the San Ramon City Council reviewed the Farr's application for the continuation of their existing welding shop and supported, their request. It was, and still is, the City's position that the use is appropriate to the area and supporta many of the agricultural uses in the Bollinger Canyon area. Given the strong neighborhood support and the functioning of the use without complaints for several years, we strongly urge the Hoard to support the Regional Planning Commission's approval. Sincerely, J n D. Deakin M -ror JDM:RTB/ds ds.planng/c378 cc: Supervisor Robert Schroder a � t E 0-00110 ITT 00 jE{1 '"$}.# .ai iT' '•,yi f Y..r':.-. ..GF .3<L f Rolm n Ax &+ A F"e k � not August 24, 1987 Ban Ramon Valley Regional Planning Commission Dear Sirsr As residents of 6ollinger Canyon, we continue to support the application of Mike and Leri Farr . Many of us have attended hearings to exspress the need for welding services naarbyg and the lack of impact this business has on our canyon. Please approve the Farr's business as it now exists. L it V' r C.,.. '/ • ��v�►-'��` '+,fir''p''"'""� . tyj ,, �A., v U ti t c J C41 Michael and Adele Warholic 18333 Bollinger Canyofi Road San Ramon, California 94583 June 26, 1986 r• 3 Community Development Dept. ' P.O. Box 749 Martinez, CA 94553 To Whom it May Concern This letter is in response to the complaint brought againist C. M. "Mike" Barr welding shop located in Bollinger Canyon, San Ramon, CA. We are his only immediate next door neighbor and have been for the last 5* years, and have had no complaints. His tape of operation is no different than a large scale agri- culture operation would be, involving heavy equipment of various sorts, people, buildings, much longer hours and a great deal more noise. Mike guns a very neat operation and has always tried to see that it does not adversely effect anyone, which is more than we can say . for other neighbors. Mike is always willing to help out when he is asked, and has repaired or made, gates, various farm equipmentg loaded and unloaded materials, etc. for almost everyone in the canyon, at no charge: These are the kind of family businesses and neighbors we need. There are a lot of businesses in the canyon, some of which are very offensive but nothing has been done about them and in some cases nothing can be. -Khat difference does it make whether a family business is on agriculture zoned property or a 1 to 5 acre piece as long as the people who are most diredtly effected by it have no complaints. We feel that the Farre should be granted a variance which would allow them .to continue operating their family business out of this location without further problems. Sint y s,,h Michael J. Warholic Adele S. Warholic EXHIBIT j June 300 1986 To whom it May Concerns We are writing this letter on behalf of $'Mike" Farr and his ' welding business located on Hollinger Canyon, San Ramon, C.A. As residents of Hollinger Canyon, we have come to know Mike Farr as one of the finest, most considerate neighbors we have ever known. This neighborly attitude carries over into Mike's welding business. He has performed numerous repair and fabrication jobs at the Maier Ranch where we live. He is readily available, quite reasonable and does superior work. Mike has also bent over backwards to make sure that his business has no negative impact on the nieghborhood whatsoever. He and his welding business are a welcome addition to the canyon and we strongly request that he be allowed to remain. Sincerely, Bruce and Kathryn Knight : A EXHIBIT +r t June 17s 1986 To Whom it may concern: We are writing this letter to express our support for C. "M A e" Farr and his welding shop located in Bollinger Canyons San Ramon# Ca. Specifically# we desire that Mike be allowed to keep his welding shop in it's Oresent location within the canyon. As ranchersq we frequently require welding services# either to repair various equipment or in constructing equipment or facil- ities. Mike always does extremely fine works often in trade for other considerations and, because of his locations his services are readily available. Without Mike we would have to tither call in another welding contractor at greater expense and in- convenience or invest excessive capital in equipment and learn to weld ourselves. Even after this investment of time and money we could never hope to realize the quality of workmanship we currently enjoy. Mike is a good neighbor who has made every effort to ensure that his welding business does not hinder or inconvenience any of the residents of the canyon. We fervently desire the continued pre- ..sence of this neighborhood business. Sincerely. 1iCL4,C4itc &1*7,,_.1 Paul T Mueller Karlen J. Mueller 18477 Bollinger Canyon Rd. San Ramona Ca, 94583 EXHIB11 -- 1 r a 1 4 C _ A _ 114^ rf A 1 r l /I—a it i AW f o% 1 J JI A— �1-� /,a Ygnaclo Valley Physical Therapy �. ,rlyn R. Van dyke, R,P.T. ` Cie ASSOCIATES: Mary Ellen Brawn, R.P.T. Diane Luce, R.P.T. Jany Mosukowo, R.P.T. C, Ann Carlson, R.P.T. ur- � Doctor's Park ' 21 Ygnocio Valley Road '91 c4".' e E104 Jalnut Creek-CA CA 94598 415-939-4041 C/ El Cerro Medical Center 536 Lo Gonda Way Danville, CA 94526 415-820-0518 i/ ��'' v To whom it may concern, As a resident of Bollinger Canyon, I support the request of Mike Farr and his family, to be allowed to continue to operate their welding business at its present location. r 8-12-1986 Date . rant and Eva M.Schmitt 18189 Bollinger Can. Rd. San Ramon,Cal.94583 t EXHIBIT " } f . To wham it may concern, � As a resident of Bellinger Canyonr I support the request of Mike Farr and his familyr to be allowed to continue to operate their welding business at its present locationt Date- 1 EA'HIBiT „ •� f m To whom it may concern, �'• As a resident of Bollinger Canyon, I support ths r*quast of e MikeFarr and his family: to be allowed to continue to operate their welding business at its prsssnt location. a1 uat* I/ EXHIBIT To whom it may concern, t: As a resid*nt of Boll inger Canyon, I support the request of Mike Farr and his faft)i 1 y, to be al low*d to continue to operate their welding business at its present location. a7- �.�-- ► EXHIBIT �+ ,, To whom it may Concern, As a resident of Hollinger Canyon, I support the request of Mike Farr and his family, to be allowed to r:ontinue to operate their welding business at its present location. Date_ v. To wham it may concern, A As a resident of 'Bollinger Canyonr I support the request of Mike Farr and his family, to be allowed to continue to operate their welding business at its present location: 4 w .. __ Date 5 tXHIBIT R T To whom it may concern, � As a resident of Bollinger Canyon, I support the request of Mike Farr and his familyr to be allowed to continue to operate their welding business at its present location: �Y 9- 147- H I B I T.� �/ . t To whout it may concerns As a resident of Bol iinger Canyon, I support the r*quest of Mike Farr and his farnilyt to be allowed to continue t0 operate- their welding business at its present locatiotn. Aal '-_ �► - '�_ Is - Date- 1 To whorrt it may concern, As a resident of Bollinger Canyort, I support the request of Mike Farr and his family, to be allowed to continuer to operate their welding business at its present location. cAtr.. K d t ,i To whom it may c otic er n• t, As a rrsident of Sol 1 ing*r Canyon, t support th* requtst of i Mile Farr and his farm lyr to be al lowed to continuer to operate their welding business at its present location. . --------_____.-_ / llate C / a I�� i a ii V r To whom it may concern# As a resident of Doi Iinger Canyon, I support the request of Mike Farr and his fami Iyr to be allowed to continue to operate their welding business at its present location. • _-.i_.--------------- Dat To whom it may concern, As a resident of Bollinger Canyon, Y support the request of Mike Farr and his family, to be allowed to continue to operate their welding business at its present location. ' Date- EXHIBIT ate-EXHIBIT ,i To whom it may concernr lt. As a resident of Hollinger Canyon, I support the request of • Mike Farr and his familyr to be allowed to continue to operate their welding business at its present location.` eaw- EXHIBIT Jubject: Farr Nearing April 25,2000 Date: Thu,20 Apr 200011.55:30-0700(PDT) From: NSAD!Jwebty net(NM Mc tin To: di + Q uoerviEM-ra.contra-cam To: Contra Costa Board of Supervisors will be attending the public hearing before you regarding the report wf allegations of code violations regarding the Charles and Lorraine Farr property at 18311 Bollinger Canyon Road, San Ramon. I wish to have As information added to the records. I know this family because I am the mother of Lorraine "Lori" Farr and mother-in-law to Charles Michael "Mike" Farr. I will tell you that they re a wonderful family who support their neighbors and are a true asset D their community and Contra Costa County. This is not just my opinion, as a proud family member, but I am told constantly by others `hat this is so. Mike has worked very hard under duress of physical ilments to establish a home and business of which to be proud. This, of course, provides Contra Costa with a great tax advantage. Were Michael to close down his business it would directly affect the county ncome. I mention this because, while it is not the issue at hand, all ctions the Board makes have far reaching reactions. Not, of course, just in this matter but in all your decisions. I do not envy you making decisions that involve the real lives of so many people. Community ervice is not always a rewarding job. The allegations of code violations are the issue here. As many elected ^fficials have found, as far reaching as Presidential candidates, there s always a code that can be surfaced that we have all violated. .:ichael and Lori have no desire to cause problems for the county but are rather, as I previously stated, an asset. Michael needs to do his fork where he is close enough to have Lori assist him and also take advantage of special equipment to ease his physical discomfort during the day. I have previously brought to the board's attention a physician's statement to this affect. If the board decides that the )usiness can not be conducted at this address, he will be forced to :lose the business. That will affect his long earned livelihood and that of other family members who work for him, his neighbors, his clients, the community and the county. These are all tax paying, voting :itizens. As the Board of Supervisors considers this matter, I urge you to weigh ;arefully all aspects of this issue. Your action will have far reaching kffects to all whose lives have been touched by this remarkable, giving family. If I could have hand chosen a son-in-law I could not have hoped to find anyone with the qualities of work ethics, conscientiousness, and cindness of Michael Farr. As I frequently tell my daughter, she lucked )ut. The emotional toll this action has caused for this family is enormous. So again I ask you to view all the facts carefully. This is your chance to make a decision that is based not only n the letter of the law, but also in the spirit of the law. Sincerely, Nena McKinzie 575 Chetwood Street aakland, CA 94610 510-601-9778 . 4 j r APPLICANT PERMIT THIS FORM BECOMES THE PERMIT WHEN APPROVED BUILDING !NSPECTION DEPARTMENT BY BUILDING DEPARTMENT AND NUMBER ASSIGNED CONTRA COSTA COUNTY 651 Pine St., 3rd Floor. North Wing Martinez, CA 94553-1295 L'a~fRf"E:.1... '1= 1 i9 030 -{'}'7{}..-0 PN. (925) 646-2300/ FAX (925) 646-1219 # MPJ 2 111?I00 G11 1)l"1;:: 1.2,'201?9 1!":,L 1*_',C.T Fi:I:c rAPF"i '3:C e-iN ' FARR CHARLES) M R L..d.TF 1,111 +1;NI-, 1", S1'. x]S M;1,C PK DED F L D 1:N X IX" VE .f'S:F:EA, 18311 80I...L-.I Nf;Efit CISP!Y0N R0 ISCI'I 01:.is'I' SAN R MON IM11:I: C;:1: I it t;AI1 RA f.11tl y C:A C}I:C'rfC Inlv^►`I p;i la'L.I",'i7'F� f`f"t I :T'f:1P4 S-1,6,1 k:i f N I:;R b R NF-.!R UN I' AREA SNRMN ZONR A--4 tC'1 34,52 a 02 F s•:E CCI.} 01.I"FLN'13J.'.)NS RAI E. $ VAL..t. A 11. I'IK:rtC;"Y' 65PM14 L,.01 LAW" 1...f`962029 _.........,....,.._............... .__,......................................._. ..........,.._..... .............__... S'i!i'I::'E'I` t(31111 POLL 1NL E'R CANYON RO F;11..,12 6 2 V-5 i I.99 121 ,`0 f: MX I'•1GI,�"Al1 i dri'``R T et YO 50 ' rIrt' SY *jO t iuu��ttlYY::(:.Fr.:t.P T,� It :��S2'a.';60 ff TOTAL I AL 100 ' REAR YO 25 ' M.A.N F:L.,t.:,f.r 1 6.t'ry, a 21"1 U4N1: 1` F'ARR CHARL.FS I'1 9 h,clRRATNE h` Ml.SC; f.:A 1J:,: 1,21 b0 IS I'>K E 'I• 10,:311 B4OL I_.JJ4.GER CANYON RD R1Z.:VF'pdc;S F h:1: (J. I Y SAN RAS'ON Y CA Fil i {JS# F'5 ZTF, 94 x8'3 T131'AL_ IIA I I)** ;:4(:317'x 1) NAME I'1�F�1`i f:11{tiiL,.i.�S M R L..f1f�'f?f1:X:Nfi F' ��.I.I•'E:: :`t` 1831. 1 001. CANYON RD C;:LT'Y SAN RAI"fL:N v f:A PFIONE 415--320--4024 LICENSED CONTRACTORS DECLARATION I hereby affirm under penalty of perjury that I am licensed under provisions of Chapter 9(commencing with Section 7000)of Division 3 of the Business and Professions Cade,and my license is In full force and effect. 1_.:I:C, CL-ASS ,*08 1..1:r # 2,3/40 ("10N1114;f:T ' F ARR GHARL,.f=..`S ISS a L..0C;R07:N P OWNER-BUILDER DECLARATION I hereby affirm under penalty of perjury that i am exempt from the Contractors License Law for the )flowing reason(Sec.7031.5,Business and Professions Code:Any city or county which requires a ermit to construct,alter,i ,demolish,or repair any structure,prior to its Issuance,also requires Is applicant for such QgWR to file a signed statement that he or she is licensed pursuant to the provisions of the Contractors nae Law(Chapter 9(commencing with Section 7000)of Division 3 of the Business and Profesai ods)or that hs or she is exempt therefrom and the bawls for the alleged exemption. n viclatl of Section 7031.5 ley any applicant for a permit subjec4a the applicant to a civil penalty of of a an flus hundred dollars($500).): as owner of 4he property,or my employees with wages as tftelr sole compensation,will do the ork,and the structure is not intended or offered for sale(Sac.7044,Business and Professions Code, The Con4ractors License Law does nal apply 4o an owner of property who builds or improves thereon,prov! and who doss such work himself or herself or through h1s or her own employees, dad that such Improvements ars not intended or offered for eels.if,however,4he tsuilding or improvement Is sold within no year of completion,the owner-builder will have the burden of proving that he or she did not build r improve for the purpose of safe.). ❑I,as owner of the property,am exclusive)y contracting with licensed contractors to construct the project(Sec.7044,Business and Profassions Code:The Contractors License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such projects with a contractor(s)licensed pursuant to the Contractors License Law.). J 1 am exempt under Sec. B.&P.C.for this reason ata ar +",✓6�[_ .�=�h-.�..� WORKERS'COMPENSATMN DECLARATION 1 hereby affirm under penalty of perjury one of the following declarations: I have and will maintain a certificate of consent 4o self-insure for workers'compensation,as Provided for by Section 3700 of the Labor Code,for the performance of the work for which this permit is issued. I have and will maintain workers'compensation Insurance,as required by Section 3700 of the Labor Code, for the performance of the work for which this permit Is Issued. My workers' compensation insurance carrier and policy number are: Ot..1,CY N Y ,Ion need not be completed if the permit is for one hundred dollars($100)or lees). t in the performance of the work for which this permit Is issued,1 shall not employ 'I any manner so as to become subject to the workers'compensation laws of vgree that if I should become subject to the workers'compensation provisions !the Labor Code,I shall forthwith comply with those provisions. Applicant: _. .,.,.. .� 8.,,, LC:il ,'•I"i1.,. / '3...!!��tf+x.i11, 4 L..j�� 1 +1!» � CONTRA COSTA COUNTY BUILDING INSPECTION INSPECTION RECORD CARD (See reverse side of this card for permit-specific information) NOTICE AND WARNING: Do not cover any work until it has been inspected and approved. This card must I` posted on the job site, and in a manner as to be visible from the street. The card and the approved plans i..ust be available for each inspection, or the inspection will not be made. I spections may be scheduled by phone 24-hours a day. Call 646-2300 and follow instructions. Requests i-r same-day inspections are not accepted on calls received after 6:30 a.m. I srmit fees are set to provide for a limited number of inspection. A reinspection fee will be charged when a return trip is necessary due to the following: 1) work not ready for the inspection called for; 2) deficiencies found in the previous inspection still not corrected, or new deficiencies were created; 3) lack of access to t B work to be inspected; 4) lack of approved plans or this card on the job site. Insp Inspector's Insp Inspector's odes Initials Date Codes Initials Date 901 ❑ Start Date INSULATION 107 ❑ Underfloor Insul . . . . . . . . . FOUNDATION 110 ❑ Framing Insul ❑ Setbacks . . . . . . . . . . 117 D Ceiling Insul . . . . . . 406 ❑ Ufer Ground . . . . . 101 ❑ Piers . . . . . . . . . . . . PLUMBING 02 ❑ Forms . . . . . . . . . . . 301 ❑ Ground Plumbing . . . . . . . . 03 ❑ Slab . . . . . . . . . . . . 302 ❑ Water Piping . . . . . . . . . . 105 ❑ Bond Beams . . . . . . . . 303 ❑ Shower Pan Test , 306 ❑ Water Heater. . . . . . . GRADING 307 ❑ Water Softener. . . . . . . i01 ❑ Rough Grading . . . 308 ❑ Water Device . ;02 ❑ SUB/MS in-Frog . 309 0 Gas Test . . 604 ❑ Driveway. . . . 304 ❑ Rough Plumbing . . . . 605 ❑ Finish Grad/Drain . . . . . . i06 ❑ Slide Investigation . . . . . . BLOCK I CONCRETE ,07 ❑ Drainage Investigation . 113 ❑ Fireplace/Rebar/Foundation 608 ❑ Gen Bldg Site. . MOBILE HOMES POOLS/SPA 101 ❑ MH Setup . 201 ❑ Site Check/Pregunite . . . . . ,'02 ❑ MH Setup Reinsp . 202 ❑ Bonding-Cavity/Dock , 703 ❑ MH Accessory Insp . 203 ❑ Pre Final . . . . . . . . . . . . 707 ❑ MH Permanent Fd '20 ❑ MH Final . MECHANICAL- COMMERCIAL 501 ❑ Furnace Compt . STRUCTURAL 502 ❑ Combustion Air. . . . . . . 106 ❑ Underfloor. 503 ❑ Rough Sheet Metal . . . . . . 09 ❑ Framing . 504 ❑ Fire Damper. . . . . . . . 15 ❑ Structural-Misc/T-Bar. 506 ❑ Commercial Hood . . 116 ❑ Sheetrock/Greenboard . 507 ❑ Compressor (A/C) . . . . . . . 108 ❑ Roof Deck Nail . 04 ❑ Shear Nailing-Int/Ext . AGENCY APPROVALS 14 ❑ Ext Lath . ❑ Fire Dist. . . UTL Final 111 ❑ Firewall . ❑ Pub Works . . . . . .UTL Final 112 ❑ Partywall . . . . . . . ❑ Planning/CDD . . . . UTL Final El San Dit. UTL Final ELECTRICAL ❑ Env Health . . . . . UTL Final 401 ❑ Power Pole . ❑ Haz Mat . . . . . . . UTL Final 402 ❑ Conduit •03 ❑ Service Entrance . BUILDING FINALS 05 ❑ Bonding . 420 ❑ Electrical . . . . . . . . 407 ❑ Restore Svice/90 Day . 320 ❑ Plumbing _- 1.- 404 ❑ Rough Elec. . . . . . 520 ❑ Mechanical . . . . . . . . F 620 ❑ Grading . � 120 ❑ BUILDING. ( her: Comments: EXPIRATION; This permit will expire if work is not started within 184 days, or 184 days lapse between scheduled inspections. If the permit expires before the work is completed and/or inspected, no additional work shall be performed until a new permit is obtained. Under California Law, uninspected work is a property defect and must be disclosed to the next owner prior to transfer of title. EXTENSION: Upon written request only one extension, not to exceed 180 days, may be granted. This card will serve as Certificate of Occupancy / Completion upon authorized signature. Carlos Baltodano, Director Authorized Signature Date i JUN. -12' 00(MON) 10:33 NORRI S k NORR I S W. C. `EL: 19259343665 P. 001 NQ " RICHAAI3 5. r431101% 1630 MT. PIAPLO 81,V0. SUITE 630 �w+ OOUGLA% C, 3TRAL15 WALNUT C%0-914, CALIFORNIA '34348 CY . N T$LEPHE1+r (029) 334-4391 IN 1• CCY IKAPav M, fVCRa:N FAX (935) 334-3665 EDWAAP L.SHAFF&P DANIEL 13. PUf NW. 3260 PLUME DRIVE, SUIT$ 400 IAICkfAeI 0, WEASON RIC!{MO NP.CALIFORNIA 94806 I`Fa%?!L� jj PAULA L. 9ACA TSLEPHON$ 15101 33'-2100 NOMWOOL M. C#'Uat1#+1AN FAX i516) 223.3942 MIAI)A PSILY esruoii ReCeTVIEg Facial—mlle NuiREeF Phil Ludolph, Building 925/646-4450 Inspector 1, Bldg. Inspection inept. Carlos Raltodano, Director 925/646--1215 Bldg. Inrspect;ivn Dept . Dennis carry, Dix-actor 925/335-1299 Co t►unity Development Diana Silver, 925/64+6-1078 Deputy county counseal. Board of Supervisors, 925/335-1.913 C/o Clerk of the guard Charles & Lorraine Farr 9�5/6s23-8327 Pram. Edward Shaffer late: June 1.2, 2000 Re: Farr Metalworking Shap on Bollinger Canyon Road TOTAL PAGES, INCLUDIXG COVHR, 6 CT41UM NUMBER; F0073--001 bRIGTNAL: WILL FOLLOW WILL NOT FOLLOW �c REPLY TO Z Richmond - Walnut Creek phone: 510/222-2100 phone; 925/934-8 .81 fax; 510/222-5992 fax: 925/934®3665 �' �ei�l►t3E Fetter responding to lune 6, 2000 letter from Comy Building Inapection Department, ordering the Farr^ to close their shop. Clerk of the Boards :Please distribute to the Supervisors. WA IRG: Via MNIIE nten ;_n1y far use cf the indiu esi or errW is which ft is eddreersed bnd may contsh lniwm vUw#halt kr primo,rcon5donfial and exempt*am dtettasure under appikabfe few. If you are not the intended mdpisnt,you we hweby noWled tturt any use, dies lna ,dle VOu*m,or oopYIng of this cwmurjca*in is wrlctty prc hlbited. tf you haw remh ed this cammunk stun in arrar, pimse natffy us Immediately by tei"hone,and cetucn thke arWnasti to M at the a adgr+ltae viae tha US fust servic:re. Thank JUN. -12` 00(MON( 10:34 NORRIS & NORRIS WA. TEL: 19259343665 P. 002 ��yy� RtE`MAS;ED�. Ff�RrilEi PDXFOLY TCitrfib- T. DIABLO VG.. MUITC 8 0 i11►7 IaUMtGS AE9 C. 51TIVAL1>5 MQ43WALNUT CRIECK.CALIPORNIA 0 4i CY EIR STMIFI TIZILCPHON9.ivan) 034-MIMI COr. N J. COFFEE PA?t: 1011110t MA-4-214110%SHARON M 3VERSXN Iei7wa"D I.•+GAFFER CSANSfi1.Gk.l�LtFtN L4, aRGO IfLUMC 13RIVIC,SUITE 4010 7��,�yy��}y�rry FifGWA L.P. N"ItT Pd�ts1V. OACA MICIIMOND.CAWFONNIA 04DOO i`Mi4J�.,t S NUL Fib.AUCI I-14 T£LG'Y HONC: A sIC71 3712-r7lOO RI CEW j ra+.r...er�-++d� June 12,1000 { UN 4A EAC ME AND MAIL � I��4 Phil l+ttclrciph BOARD OF SUP,E�t�fS..RS, Building Inspector 1 _ Centra Costa County Building inspection Department 651 Pine Street.4`a Floor Mardnez, CA 94553-0152 Re: F=T.. 12311 Ballinger Canyon Road A1'N M-030-040 REY R""410 Bear Mr. Ludolph. Mr.A Mrs.Farr received your lune 6*letter(see attac dl with great anticipation., as they had been waiting since the Board of Supervisors hearing on Aprit 25 to hm fmm County staff. However.they were surprised and disaprpointod at its,contents. During the big,staff led the Board to believe that current zoning would allow the Far to c mtinues therir metalworking operation--at least to the extent required d to perform work .for local socultutral properties. The Supervisors asked several times, in different ways,if ptx6cata like those on tete Fars' list of'past weak done for neighbors could be accommodated. You and Bob Drake and Diana Silver each assured them that the:work could contime. Retying on your responses,the Board directed,sta►.ff to work with the Far to identify what abates were nem to thew opet2tion in order for it m comply with the zoning. The Beard stated that if the Fay were not witting to restrict their opemti+m to serve only needs of the local agricultural community, then the County could proceed with abatement. The Board recognized thu't'h a existing 14W ccnasurva dw contract might require amendment,but indicated that would not be a problem. Imine our surprise upon reading your letter. First, there has been no of be by staff"to work with The Far or to discuss this matter. Your only con nunicadou to them since April 25`h was this lam, sent 42 days later. We were not invited to rho meeting on May 26*where your discussed this situation. t, /I tQ60 —S r=car=1117 -1 JUN. -12" 00(MON) 10:34 NORRI S & NORR I S Y1. G. TEL c 19259343665 P. 003 Phil Ludolph Building Inspector r June 12, 2000 Page 2 Second,your letter simply orders the Farrs to shut down their operation and remove all equipment from the property. This violates the explicit direction and the spirit ofttte Board's direction to staff gn April 25''. We: 4aly believe tont the Beard would have taken different action if it understood that you planned to close thea business entirely. Some Bo4rdmeRmbesrs were reluctant to limit the Faarr'a business operations at 411--let alone shut thetas down. On a urate matter.your lacer dernamU that the Farrs remove all equipment and strap operating by June 20. 17his implies that you believe the kitty period beet on April 25`". However.the Board.Order only direct&the Building Inspection Department to inidue its abatement procedures. During the bearing Carlos Baltodano clearly desccriibed the sequence of events that the County would fbllow: (1) Send the Fun it notice to cease and desist within 60 days of the notice data, p) After 60 days, send the Fans an order to corrnply, with a smtelrvent that they had 30 days Rotas the notice date to appeal that order to the Award;and (3) Take action to force abate went eitb=at the end of the 30-day period or following ars unsuccessful appctt if so ordered by the Boaard. I have not found any adopted County re;grrtatiow desmibing it procedure for cavo abatement that automatically staxts a 60-day cam and desist period after Board action without written notice. The Board and the Patin were led to believe that a cease and desist notice would be sent to begin the 60-day peariod. If we had known that you thought the clock was tickuag„we would have urged you to bei consulting with the Fans regarding tided modifications to their operation—as the;laaarrd directed staff to do. We understand that the County is daalirag with many serious and complicated issues. T speculated that pearhaps staff was too busy em other wrorle, and was warning to start the:60-day cloak lentil you bad.time to begin evaluating the zoning mance and hold discussions with the Farrs. When t spoke with Dennis Barry in mid-May on another matter, he ftpressed surprise* that we had not yet heard from staff. And now, after such a long silence, you scand'the Parrs it scud to shut down and invite therm to a meeting on June 10 to discuss your harsh canter--only ten clays baS3=your supposed cease and desist deacadlinea. You hold a meeting out May 26`a',and obviously continue interval discussions after that,but without any attempt to include the Farm. This hardly seems like a sincere effort to work with the Fay and discuss options.an the Boond dined. JUN. -129 00(MON( 10:35 NORRIS & NORRIS W. C. TEL: 19259343665 P. 004 Phil L udolph Building,Inspector L June 12, 2000 Page 3 Finally, staff's solution to the situation is to order the: Farm not only to ossa operations, ns, but to strip every pig of equipment and material from the property. This goes fitr bayond the needed remedy and exceeds the County's authority. The moat you can do is require the Parrs to stop performing commercial acetal fabrication"rk fbr outside parties. 1 hey stilt have lesgit isnate rights to"quit equipment and handle materials needed for agricultural operations on their own property--just as dry many agricultural property owners. Staff is supposed to report to the.Board soon regarding reactivation of the Agricultural Task Force and other"efforts to support agriculture. It is trust remonables to close the Farr Ia shop before the Board reassessm County policy regarding agriculture-serving buxivew. We ask the County to implerrreut Goneml Place Measure 8-aa,and allow the Fnrrs` business to reser in operation ur;W them. The land conservation contract can be amended as needed, or cancesr;ed outright(thea Fame ars willing to accept tate tax ce:>n aerluencerss of early cancellation). The party can'be rezoned to A-2. Supervisor Gerber gave a speech to the Contra Costa Council on April 2&regarding the future of the County. She spoke about the problems fitting Wiculturea,and warned to bes+�wart incremental ez osioa of the support baste far local agriculture, As evidenced by the tatinway of neighboring agricultural property owners during"April 10 Wig,the Fates business is an important port of test support baste. Supemsvr Gerber also expressed the opinion that the County should not apply narrow definitions as it sem ways to support agriculture,using the phrase. "Blessed d are the flexible." We urge staff to be flexibles, broaden its def aitions, and help preserve the support baso for agriculture. The Fun want to cooperate with staff, and€ore wilting to attend the meeting on June 10 if it will be productive and in accordance with the Board's direction. Please call to discuss this matter and to co>Qf t or rearrnmgc ea meeting. very truly yo NOMUS &NUJ S, P.C. By Edward L. Shaffer ELS;gcc enol, cc (via fast): Charles&Lorraine Farr Bmore#of Supervisors Dennis Bim,Director Community Development Carlos Baltodteno,Director Building Inspection Department Diana Silver, Deputy County Counsel JUN. -12' 00(MON) 10:35 NORRIS k NORRIS W. G. TEL: 19259343665 P. 005 Building inspection Department ��t� r"lum at "a spemQn PROPEM CONSMA71ON VINNON Costa Ne"BORRCM PROGRAM 661 PV*Weat,41h ter Counly Mss Calf; * *05~"tu POO (05) 335-1111 NPP ) 30-1137 FAX (925) 6"-44150 June 6,2000 Cbarlam&Larrain6 Farr 18311 SolliajW Canyon Rd. San Ramon, CA.34583 S}""1"EE: 19311 Bollinger C omm Rd., Sipa Ramon AM 199-030-040 REF: RF990410 Dear Charles&i Qrmine Farr, This le:ttcr is in response to a ,point meeting conducted between CommuniW De verlcpmnt Department and the Building luspecdon Coda Enforcement Oruro on N y 24, 2000, ming Your c4m of tba maW bbrication shop imown as CM.Farr M&W FeWcation opmuting at 18311 Bollinger C=yan Road in San Rexam Discumm was kmg and brwA covering issues disclosed at the Road hearing on April 25,2000 and Imown lasties reused by the Farr's in ration to the operon of the shop. Atter touch debate, it was very di ult to metre that m"was sanbud to *e opwation of the shop could be resolved, You hrcve aolmowledge4 that tho busitaess cam remain m the present f mm, without +a g 'vAn*outside the sphere of agt eWftil missed activities. As climcmd. we are inviting you into the County offloe an Juno 14, 2000 as 1:00 P.M in the Property Conservation Division meeting room kKawd at 6551 Pine S treat on the 41 floor of the AdminWration building,to discuss the ftowing iftax: The 8NA01ed #MWW and ttttpptiiee OW trust be removed ttm the metal febriadion shop t iearsa to ma de 0M mart limited)to the Wowing: A) R1 wn all sheet Metal auppilse from the Wawa*of the property, b) iwe fMm 00 paUMV eh vsrhkifs st1#tDW #n this Maori Mbdcxft business such as the foddNk tradet+a and Wok with hoW%W omm ate..., C) RWW# ail OpMY paint t+taitii r and sWpiiket from the property to include compressors h4ny Sun% odd than wp#mwd conaloWd wit the terms of the liiHIiameon Acct and ps�rnft within A-4 zoning. d) f'tsnrcwe an waw tater aro cow eepripmeuat h m the property D#w than equipment cemsistattt with the terms of the W1111ameon Act and permitted within A-4=qnq. JUN. -12' 00(MON) 10:36 NORRI S & NORRI S W. C. TEG; 19269343665 P. 006 Staff could not detamine thee:a compromise could be reached in permitting the metal fabrication slurp business to remaiu. The Community Dement Depesrtrt mt steres that the basi=s remains in violation of the Wiilismson Act comet and the A-4 zoning mquirenants» Based on the .Board Order of April 25, 2000, this is to advise you that unlem the mepeW £ebricatiou shop operation is amen to amply with zoning requirements, all elements of the natal Abrketion shop, ineluding,equ4=ent, supplies. and relaW aeUvity must be rernoved from dw property by S&Wn ery,June 24,2000. Should you have any further questions I eery be reed od at (9Z) =-I 1#2 any workday between 7:30 and 10:00 A.M. Our offieas are closed they lit,third.and fift ftlays of every month. Sincerely, '44110-14—z.. Phil Ludolph Building hwpwW I CC: Norris end Norrim Attn!Edward Spar 1950 Mt. Diablo BIvmi, Suite 530 Wel Creek CA 94596 Commuldw pavelopmew DaPartme "t AUn,. Bennis Seery,Director Co tunny I3e kgnnM Cexd=ine Kutsuris,Deputy Zoning AximiniStrator Bob I7gr"Principal Planner Couaw CouV1W .Atte: DW4 Silver,Deputy County+Counsel Building Inspection 13apattoerritt Attn: Woo Beehodeno, Director Building hopection Department PAL:jbp Attachment D. TO: BOARD OF SUPEK,/ISORS Contra FROM: Carlos Baltodano, Director Osta Building Inspection Department County DATE: Apr1125, 2000 SUBJECT: Investigation at 18311 Bollinger Canyon Road. APN # 199-030-040 C.M. Farr Metal Construction Inc. Owner: Charles & Lorraine Farr (San Damon, 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 Damon 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: 1 YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATToN OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AD r 2 5 . 2 O O 0 APPROVED AS RECOMMENDED OTHER X _, SEE THE ATTACHED ADDENDUM FOR BOARD ACTION AND VOTE V& OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE ANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN:® BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 2 5 . 2000 Contact: Philip Lud { 395-1142 Orig: Building in ection De rtment(BID) cc: County nsel Com nity Development De rtment M d Shaffer(Via BID) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPE VISORS AND COUNTY ADM I OR B ,DEPUTY 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 Fares 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 inspector was 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 powertools 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 Farr's 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. FARR 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 over the 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 & 3' 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. 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 under the 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 forAgricultural 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. Fares 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 (Cl 124770) 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(00528206)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 - Inspection 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 Silvan 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.l 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 12th 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 Farrs' 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 fi—ther 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 Flan 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:BoardOrders20OO/d4252040ti4-add.doe 3 DEFINITIONS 82-4.202----82-4.216 82-4.252 Motel. 1781, 1760, 1759, 1569, 1469:prior code§8102(d): 82-4.254 Multiple family building. Ords. 1269, 1264, 1224, 939, 933, 382). 82-4.256 Multiple family building group. 82-4.208 Apartment unit. "Apartment unit" 82-4.258 One family dwelling. means a separate suite, including kitchen facilities, 82-4.260 Sign, accessory. designed for and occupied as the home, residence, 824.262 Sign, nonaccessory. or sleeping place of one or more persons living as 82-4.264 Sign structure. a single housekeeping unit.(Ords. 1781, 1760,1759, 82-4.266 Story. 1569, 1469: prior code § 8102(cc): Ords. 1269, 82-4.268 Story, half. 1264, 1224, 939, 933, 382). 82-4.270 Structure. 82-4.272 Suburban apartment building. 82.4.209 Aviary."Aviary„means a coop,cote, 82-4.274 Suburban apartment building pen,cage,or other similar enclosure,used to house group. one or more birds (including pigeons) other than 82-4.276 Transit-mix plant. poultry. (Ord. 77-51 § 1). 82=4.278 Use, accessory. 82-4.280 Use, nonconforming. 82-4.210 wilding. "Building" means any 82-4.282 Yard. structure with a roof supported by columns or walls 82-4.284 Yard, front. and intended for the shelter, housing, or enclosure 286 Yard, rear. of persons, animals, or chattels. (Ords. 1781, 1760, 8 88 Yard, side. 1759, 1569, 14651:, prior code § P8102(f): Ords. tele 4.4 Map Symbols 1269, 1264, 1224, 9-39, 933, 382). tj4. Synonymous symbols and 824.212 Building, accessory. "Accessory phrases. building„is a building the use and size of which is SU subordinate and incidental to that of a main building p�OG�c,"ft� on the same lot. In addition, no accessory building Article 82-4.2 shall exceed: Definitions Generally (1) Five hundred square feet of floor area cover- age on lots less than twenty thousand square feet in 824.202 Construction.The definitions in this area and six hundred square feet of floor area cover- article and certain other sections of Divisions 82 and age on lots greater than twenty thousand square feet 84 govern the construction of Title 8, unless the in area; context otherwise requires. (Ord. 79-7 § 5, Ord. (2) Fifteen feet in height. (Ords. 96-4 § 1, 1781, 1781, 1760, 1759, 1569, 1469: prior code § 8102: 1760, 1759, 1569, 1469:prior code§8102(g):Ords. Ords. 1269, 1264, 1224, 939, 933, 382). 1269, 1264, 1224, 939, 933, 382). 824.204 Tenses. Unless the natural construe- 824.214 Building height. "Building height" tion of the word indicates otherwise, the present means the vertical distance measured from grade to tense includes the future and the plural number the the top of structure directly above with exceptions singular.(Ords. 1781, 1760,1759, 1569, 1469:prior noted elsewhere in the code. Height may be mea- code § 8102(a): Ords. 1269, 1264, 1224, 939, 933, sured from finished grade when such grade is below 382). natural grade.Height shall be measured from natural grade when the finished grade is higher than natural [dairying, 206 Agriculture."Agriculture"means the grade. {Ords. 96-4 § 2, 1781, 1760, 1759, 1569, of soil, the raising of crops, horticulture, 1469: prior code § 8102(pp): Ords. 1269, 1264, and the raising and managing of livestock, 1224, 939, 933, 382). g all uses customarily incident but not in- slaughterhouses,fertilizer yards,bone yards, 82-4.216 Business, retail. "Retail business" or the reduction of animal matter, or any means the sale,barter,and exchange of retail goods, ndustrial use which may be objectionable wares, merchandise, services, or other personal or of odor, smoke, dust, or fumes. {Ords. real property or any interest in them for profit or livelihood. (Ords. 1781, 1760, 1759, 1569, 1469: 295 (Contra Costa County 496) CONSIDER WITH D. Contra Costa County Board of Supervisors "'"""" " Hearing on Code Enforcement Q April 25, 2000 at 11:00 a.m. Farr I Fabrication Shop 18311 Bollinger Canyon Ro 80Aii0-01—SUPERVISCIR COMM COSTA CO. SUMMARY Charles and Lorraine Farr operate a metal fabrication shop at 18311 Bollinger Canyon Road. They provide a wide range of welding and metalwork projects for the surrounding agricultural community. They also do commercial work for non-agricultural customers. The A-4 zoning for the property does not permit this use. However, since 1987 the Board has allowed the Farr's shop to continue in operation, pending County consideration of zoning regulations that might allow such agriculture-serving businesses (see General Plan Conservation Element Agricultural Resources Implementation Measure 8-aa adopted in 1991). A complaint by a neighbor in 1999 triggered a code investigation. The staff report does not find any serious actual nuisance problems, but recommends ordering the shop to be closed because it performs non-agricultural work that is not permitted by current zoning. On March 28"' the Board of Supervisors took an important step to promote agriculture in this County by voting to start the process of reestablishing the Agricultural Task Force and revising County Codes to make them more supportive of agriculture and related services. The Farr's business supports the agricultural community. It would not be appropriate to close it now. For the following reasons we ask the Board to stay code enforcement. 1. Keeping this shop open serves the Board's goal of strengthening agriculture. It supports agricultural operations in Bollinger Canyon, Crow Canyon and Norris Canyon, and is important to their continued survival. 2. Unfortunately, no business can survive only on agriculturally related work generated by this small area of the County. The Board must acknowledge this economic fact of life as it considers what agriculture-serving businesses to allow in agricultural zones 3. This is a Countywide policy question and not a narrow code enforcement matter. The Agricultural Task Force and the Board should first consider desired County Code revisions and General Plan issues,before acting on the Farrs' shop. 4. The staff report contains material errors and is one-sided. It ignores the Board's policy to support agriculture, covers up the agriculturally-related work being done by the Farrs, and serves only staffs goal to close the shop based on current zoning. 5. The shop is not a nuisance. It does not produce any more noise or other adverse effects than common agricultural operations in the area. The mix of non-agricultural versus agricultural work has not changed since the Board first agreed not to close the shop. F0073001/171865-1 Contra Costa County Board of Supervisors Hearing on Code Enforcement April 25, 2000 at 11:00 a.m. Farr Metal Fabrication Shop 18311 BollinLyer Canyon Road Submission by Charles & Lorraine Farr RICHARD E. 4ORRI S REPLY TO:. 1650 MT. DIABLO BLVD., SUITE 5305 1V�+u..la7 CY EPSTEIN WALNUT CREEK.CALIFORNIA 94596 COLIN COFFEY TELEPHONE: (925) 934-8161 .4 SHARON M. IVERSEN FAX: (925) 934-3665 EDWARD L. SHAFFER z DANIEL D. PURNELL MICHAEL B. PETERSON 3260 BLUME DRIVE.SUITE 4OO PAULA L. BACA 1VORRIS MI HAEL A. SWEET M. N RTELEP ONE: (510))N2222IA 6100 FAX: (510) 222-5992 April 19, 2000 Contra Costa County Board of Supervisors 651 fine Street Martinez, CA 94553 Re: April 25, 2000 Hearing on Code Enforcement- File No. RF990410 Farr Metal Fabrication Shop— 18311 Bollinger Canyon Road Honorable Supervisors: This letter is written on behalf of Charles and Lorraine Farr, owners of 18311 Bollinger Canyon Road. They ask the Board to stay code enforcement against their metalworking shop, and follow the Board's previous decisions allowing this business to continue. On March 28`h the Board took an important step to promote agriculture in this County by voting to reestablish the Agricultural Task Force and revise County Codes to make them more supportive of agriculture and related services. The Farr's business supports the agricultural community. It would not be appropriate to close it now. SUMMARY 1. Keeping this shop open serves the Board's goal of strengthening agriculture. It supports agricultural operations in Bollinger Canyon, Crow Canyon and Morris Canyon, and is important to their continued survival. 2. Unfortunately, no business can survive only on agriculturally related work generated by this small area of the County. The Board must acknowledge this economic fact of life as it considers what agriculture-serving businesses to allow in agricultural zones 3. This is a Countywide policy question and not a narrow code enforcement matter. The Agricultural Task Force and the Board should first consider desired County Code revisions and General Plan issues, before acting on the Farrs' shop. 4. The staff report contains material errors and is one-sided. It ignores the Board's policy to support agriculture, covers up the agriculturally-related work being done by the Farrs, and serves only staff's goal to close the shop based on current zoning. 5. The shop is not a nuisance. It does not produce any more noise or other adverse effects than common agricultural operations in the area. The mix of non-agricultural versus agricultural work has not changed since the Board first agreed not to close the shop. F00730011171640-1 Contra Costa County Board of Super-visors April 19, 2000 Page 2 .Key Events 1987: Board directs staff not to close the Farrs' shop, pending consideration of zoning changes that would authorize agriculture-serving businesses in agricultural zones. 1989: Board confirms deferring action on shop until zoning ordinance changes considered. 1991: New General Plan includes Conservation Element Agricultural Resources Measure 8-aa calling for zoning changes to allow agricultural-serving businesses in agricultural zones, 1996: General Plan update reaffirms that Measure 8-aa still is part of the General Plan and that the County still intends to adopt new zoning regulations. 1996: Board approves Land Use Permit LUP 96-2029 for the Farrs, authorizing two new residences on their property. Condition NQ.5 confirms that the metal shop may continue operating—at least until Measure 8-aa zoning regulations are adopted so the Farrs can apply for a use permit under the County's new standards. 1997: Board approves parcel map MS 141-90 for the Farrs to create parcels for their three residences. Condition No. 36 authorizes operation of the metal shop to continue until the new house closest to the shop is ready for occupancy. Super-visor Gerber stated her intent to review the shop's operation in September 2000. 1999: Neighbor's complaint of nuisance from shop triggers investigation. Board Support for Agriculture On March 28th, the Board of Supervisors directed staff to (1) begin planning to reactivate the Agricultural Task Force, and (2) review County codes for changes that would help support agriculture. The Board Order(Exhibit 1) envisioned that the Agricultural Task Force would hold public hearings and advise the Board on zoning or other code amendments. This may be the vehicle for finally implementing Measure 8-aa. In 1987, both the San Ramon City Council and the San Ramon Valley Regional Planning Commission voted in favor of a land use permit for this business. The Planning Commission adopted findings that the metal shop supported local agricultural uses and would be appropriate in that location, and that the shop's impact on the surrounding community would be the same as or less than existing agricultural activities. Operations at the metal shop have complied with the conditions of approval that were proposed by the Planning Commission. Contra Costa County Board of Supervisors April 19, 2000 Page 3 When the Board voted in 1987 not to close the Farr's shop, it specifically called for evaluating whether that type of business should be permitted in agricultural zones. When the Board adopted General Plan Measure 8-aa in 1991, it did not prohibit agricultural serving businesses from performing non-agricultural work. Yet staff is recommending such a restriction now, This seems to conflict with the Board's March 28`h directive, The General Plan authorizes equipment repair and welding as an ancillary agricultural support service in Agricultural Lands (p.3-34). However, zoning regulations for the A-4 District do not recognize this as a permitted or conditionally permitted use. Measure 8-aa calls for implementing zoning regulations to allow larger agriculture-serving businesses. However, after nine years the Zoning Code has not yet been amended. In cases of inconsistency between the general plan and zoning, the general plan should govern. This suggests that relying on current A-4 regulations to justify closing the Farr's business would not conform to the General Plan. Cinder these circumstances, it is not appropriate to close the shop now. That decision should await hearings on these major policy issues, followed by recommendations from the Agricultural Task Force, and finally formal Board action implementing or deleting Measure 8-aa. Metal Shop Kelps Support Local Agriculture Agricultural operations rely on support services that are nearby, responsive to their needs, and economical. Property owners in Bollinger Canyon, Crow Canyon and Norris Canyon (Exhibit 2 snap) have relied on the Farrs' small metal fabrication shop for years to help maintain the economic viability of their agricultural operations. You will hear testimony that Charles Farr's technical expertise, understanding of special needs, generosity and neighborly spirit have been critical to preserving this agricultural community. Attached is a petition signed in 1999 by many neighbors and agricultural operators who have been customers of the metal shop (Exhibit 3). The Board received many support letters in 1999; you will receive more for this hearing. Attached is a partial list of the many agricultural service jobs performed by Charles Farr since he first carne to Bollinger Canyon in 1976 (Exhibit 4). Besides actual metal fabrication and repair at the shop, he has used his equipment to help owners fix problems on their properties. As a good neighbor he has volunteered his labor and equipment many times without compensation. We note that over the years Charles Farr has performed many projects for his neighbors the Warholics (who brought the 1999 nuisance complaint). These include: fabricating and installing tube steel columns for lights over their horse arena; building steel gates for their horse pasture; repairing a tractor bucket and liming hooks; fabricating brackets for a shed roof addition to the barn; and building custom brackets for arbor post supports. Without a local source, it would be difficult for property owners to obtain such services. iROM. Harvey E. Bragdon Gong 9.S" •Director of Community Development DATE- October 16, 1987 SUBJECT: Appeal of Louis E. Lockrem from the San Ramon Valley Regional Planning Commission decision approving .the land ,use permit application of Mike and Lori. Farr (Land Use Permit 2144-86) for a commercial metal fabrication business as a home occupation. SPECIFIC REQUESTS OR RECOMMENDATIONS S a BACKGROUND AND JUSTIFICATION RECOMMENDATION: _. Sustain the appeal and deny Land Use Permit 2144-86 as described below in Option B. ALTERNATIVE BOARD ACTIONS There are essentially two options for the Board of Supervisors to consider in acting on this appeal. OPTION A 1. Accept environmental documentation as adequate. 2. Deny the appeal of Louis E. Lockrem. 3. Sustain the decision of the San Raman Valley Regional Planning Commission (granting the permit) . 4. Adopt the Planning Commission's findings as set forth in the Resolution as the determination for this decision. CONTINUED ON ATTACHMENT: SIGNATURE: SItNATU AMON Or =A ON 1 The Board on October 27, 1987 deferred to November 3, 1987 deter- mination calendar the decision on the appeal of Louis E. Lockrem from the San Ramon Valley Regional Planning Commission decision approving with conditions the request of Mike and Lori Farr for a commercial metal fabrication business as a home occupation (LUP 2144-86) in the Bollinger Canyon/San Ramon area. Supervisor Schroder commented on the November 2, 1987 memo from Victor Westman, County Counsel on the Lockrem appeal of Farr LUP 2144-86, and moved the appeal be granted and the land use permit be denied and requested the staff to determine whether the uses per- mitted under the agricultural zoning should be updated or expanded and to get input from the General Plan Congress Agricultural Committee and have staff report back as quickly as possible as to whether changes should be made to allow uses that are compatible with the agricultural zoning. The Board discussed the matter. Supervisor Powers clarified that the motion would be to grant the appeal, deny the land use permit, and direct the staff to evaluate ways to accomplish permitting agricultural related land use proce- dures and instruct the staff not to enforce the elimination of this business until those precedures come back to the Board. Therefore, IT IS BY THE BOARD ORDERED that Option B, recommendations 10 2, 3, and 4 are APPROVED; and Community Development Director and County Counsel are DIRECTED to determnine whether changes should be made in zoning and land use permitting in agricultural zones; and staff is DIRECTED to delay enforcement of the Land Use Permit denial pending the results'of the evaluation. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 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. cc: Community Development Dept. ATTESTED November 3, 1987 Miller, Starr & Regalia PHIL BATCHELOR, CLERK OF Attn: Mike Zischke THE BOARD OF SUPERVISORS Mike and Lori Farr Al COUNTY ADMINISTRATOR Louis Lockrem ByA .A , DEPUTY -2- OPTION B 1. Accept environmental documentation as adequate. 2. Sustain the appeal of Louis E. Lockrem. 3. Deny Land Use Permit 2144-85 to establish a commercial metal shop as a home occupation. 4. Instruct staff to prepare findings as generally based on review in the staff report dated September 2, 1987 , and set November, 10, 1987 for adoption of same. BACKGROUND This matter originally came to the attention of the Planning Agency as a result of a complaint filed in 1985 by the appellant. A field investigation verified that a metal shop was being operated in violation of the agricultural zoning code. Shortly thereafter, staff met with the Farrs and their legal counsel, and indicated that the use would have to be brought into compliance. At that time, several options available to the applicant were reviewed. While pursuit of a land use permit was discussed, this option was not encouraged because of the apparent zoning conflict. On October 14, 1986, the Farrs filed a land use permit application to legalize the operation as a home occupation. The application record is described in the attached documents. Staff has consistently opposed the application because as an industrial activity, the metal shop operation a) conflicts with the open space designation and agricultural zoning; b) cannot satisfy the home occupation criteria in the zoning code (e.g. , traffic generation; activity conducted outside the confines of a residence; non-family members employed) ; c) will establish a precedent that may encourage similar activity and applications on other agricultural properties, and make administration of the zoning code more difficult. These concerns were raised with the San Ramon Valley Regional Planning Commission. However, after taking testimony from the applicant and neighboring property owners, the Commission determined that the use could be operated compatibly with nearby properties. Consequently, the Commission approved the application for a limited period and subject to a number of restrictions. CONCLUSION Notwithstanding, the San Ramon Valley Regional Planning Commission's review, staff maintains that any approval of the application is not allowable under the zoning code. Further, were approval to be granted, the task of zoning administration in agricultural areas could become less manageable. Therefore, staff recommends that the Board grant the Lockrem appeal and deny Land Use Permit 2144-85 as set forth in Option B above. r BOARD OF SU'P'ERVISORS +} FROM; Harvey E. Bragdon, lr Director of Community Development Costa DATE. December. 19 ., 1989 @ Coufty ;.suBJECT, Follow-up Report on the Lockrem Appeal Decision Relative to the Denial of the Commercial Metal Fabrication Plant in the Bollinger Canyon Area,(Mike and Lori Farr, File (12144-86) SPECIFIC REQUEST(S) OR RECCSN4�AE1 IAT t ON(S) 6c BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. Accept report. 2. Defer further review of zoning changes or enforcement action pending review of the Proposed Countywide General Plan Revision. BACKGROUND In November 1987 the Board of Supervisors granted the appeal of Louis Lockrem regarding his opposition to the application of Mike and Lori Farr who sought to legalize a commercial metal fabrication plant in the Bollinger Canyon area. Attached is the Board Order issued by the Board on this matter. In granting the appeal, the Board directed the Community Development Department and County Counsel to review the desirability of making changes to the zoning and land use permitting procedures in agricultural zones. Further, staff was directed to delay enforcement of the denial of the Farr's land use permit pending the results of the zoning evaluation. r RECENT ACTIONS Subsequent to the Board action on the appeal, the Board adopted a revision to the General Agricultural (A-2) district to allow the establishment of museums and firewood sales with a use permit. More recently, the General Plan Congress has issued the proposed Countywide General Plan revision. The General Plan is scheduled to be heard by the County Planning Commission in the near future. The proposed Plan recommends further changes to agricultural zoning districts to allow additional agriculturally-related businesses with a use permit (see attachment) . CONTINUED ON ATTACHMENT; - YES SIGNATUR 0 04A4 00 0—�__, ..moo RECOMMENDATION OF COUNTY ADMINISTRATOR , RECOMMENDATION F N ARO COMMITTEE APPROVE ®,,,_ OTHER I y (] ACTION OF HOARD ON December I9 . .19._ _ _ APPROVED As RECOMMENDED X OTHER VOTE OP SUPERV I SORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT } AND CORRECT COPY OF AN ACTION TARN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT; ABSTAIN } OF SUPERVISOR'S ON THE DATE SHOWN. cc, Community Development ATTEsTED .. December 19 , 1989 PHIL BATCHELOR. CLERK OF THE BOARD OF /JSUPERVISORS AND COUNTY ADMINISTRATOR 1�i M382/7-83 EY ,DEPUTY 2. DISCUSSION The County Planning Commission, and subsequently the Hoard of supervisors, will be hearing the proposed Countywide Plan in the near future. Further action on this matter. should be deferred pending Hoard review of the General Plan. RIS/aa/ HDIIj214y A4`8p6rRDryy cc: Louis Lockrem Mike & Lori Farr County Counsel File #2144-86 Attachments: November 3 , 1987 Hoard Order Excerpt of Proposed General Plan Revision 4 NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS SAN RAMON AREA NOTICE is hereby given that on Tuesday,April 25, 2000. at 11:00 a.m. in the County Administration Building, 651 Pine Street, (Corner of Pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: A hearing to consider a report from the Director of Building Inspection on the investigation of allegations of code violations regarding the property of Charles and Lorraine Farr(Owners), 18311 Bollinger Canyon Road, San Ramon, and to consider direction to staff on appropriate action. The location of the subject property is within the unincorporated territory of the County of Contra Costa, State of California. If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to,the public hearing. Date: March 1, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator PA B %arbara S. Gr t, puty Clerk ii CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT 651 Pine Street, N. Wing ® 4th Floor a6' Martinez, CA 94553 Telephone. 646-1111 Fax: 646-4450 DATE March 2, 2000 TO Ann Cervelli, Chief Clerk Board of Supervisors FROM Mickie Perez, Chief Property Conservation Division SUBJ Appeal for Charles and Lorraine Farr In response to your memo of February 9, 2000, the tentative scheduled hearing date of March 21 , 2000, is not convenient for Mr. Schaffer, the Farr's' attorney. Please reschedule the hearing for April 25, 2000 at 11 :00 a.m. This date has been confirmed with Mr. Schaffer. Please notify everyone on the attached Board Order from August 3, 1999. You only need to mail certified notices to the Farr's and Mr. Schaffer. Also, Mrs. Lorraine Farr will be withdrawing her appeal, upon receipt of her letter of withdrawal, please refund the appeal fee of $125.00 she paid. MP:ptc REcEl Q � Contra ONAc�Sr, Costa TO: BOARD OF SUPERVISORS ( SLP _ I rgc, g �'� ,... �` Count} FROM: DENNIS M. BARRY, AICD �urldttvf ;SCr�p r� s DIRECTOR QF COMMUNITY DEVELOPMENT RTMENT DATE: July 20, 1999 SUBJECT: Report on Metal Fabrication Shop Operation at #18311 Bollinger Canyon Road in the San Ramon area. (C.M. Farr) (County Zoning Investigation File #RF 990410) (APN 199-030-040) SPECIFIC REQUEST S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECO MENUATIQN . Adopt a motion: 1 . Finding that recent changes to the use of the metal shop at the subject site preclude a finding that the use is agriculturally related. 2 . Direct the Director of Building Inspection to initiate appropriate investigation and potential code enforcement actions pertaining to the metal shop operation including causing its operation to cease and desist . FISCAL IMPACT None. BACKGROUND This report concerns a longstanding land use dispute concerning a metal shop operation in the Bollinger Canyon area. CONTINUED ON ATTACHMENT: X YES SIGNATURE) RECOMMMATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CObrbi2 EE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON August 3 , 1999 OTHER XX_, SEE THE ATTACHED ADDENDUM FOR BOARD ACTION 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 HOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drake E (925) 335-12141 Orig: Community Development Department ATTESTED August 3 , 1 99 CC: Edward Shaffer, Norris & Norris PHIL BATCHELOR, CLERK OF Charles & Lorraine Farr THE BOARD OF SUPERVISORS Michael J. Warholic AND O ADMINISTRATOR Building Inspection Dept . County Counsel B DEPUTY c: \wpdoc\farr.bo RD\ Report on Farr Metal Fabrication Shop San RamonlBolli.nger Canyon area Complaint by Neighbor The origins of the dispute stem from a complaint which was registered with the County concerning a metal shop operation which had been established on a property owned by Charles and Lorraine Farr that is zoned Agricultural Preserve (A-4) . At that time, the County advised the Farrs that they needed to eliminate the operation, or could try to legalize it by obtaining an appropriate land use permit under the zoning. Atte=t to Legalize the Use by Filing a' L nd Use Permit In 1986, the Farrs filed an application for a land use permit (File #2144-86) to try to legalize the use as a home occupation. The matter was heard initially by the Zoning Administrator who denied the application. ..:dec3eionv euP :,�, San 'Ramon T 'ey -Regional Planningomrn gsior : ' rho reversed t hhe x Zoning Administrator' s decision; granted the appeal, and conditionally 'approved the project-, The neighbor appealed that decision to the Board of Supervisors . On November 3, 1987, the Board granted the neighbor' s appeal and denied the land use permit application. At the same time, the Board directed the Community Development Director and County Counsel to determine whether changes should be made in zoning and land use permitting to allow agriculturally related land uses . `116* Board also 'ordered that staff delay enforcement of the land used permit denial pending the reults of th6 evaluation. Subsequent Board Ilirection In response to a subsequent staff report on the matter, on December 19, 1989, the Board of Supervisors directed staff to'-defer review { c'xf the zona.ng changes or enforcement actiqp act ®. pending review of the"* propoB`�'iiii.eral4.-.'plan,,l-review then-undery . 1921 Adoption of General Plan and Related Agric7lt ral Pol ; r; eS In 1991, the Board of Supervisors adopted an update to the County General Plan. Atftong the polici" adopted in. the , plan is Cox seartrat, 9%.-BlAmen ..Implementation Measure #8-aa pertaining to przsion of agriculturally related businesses in areas designated -TbY agricultural use 1996 Approval of a Land Use -Permit (FiIe ##LP96 029) to Allow Second and :[hi _rd Residear&a In 1996, the Farrs applied to the County to obtain a land use permit to allow the establishment of a second- and third residence* o4.the....,a b .act-,.property (File #LP962029) . After conducting a hearing on the application, the Zoning Administrator conditionally approved the application subject to conditions? No appeal was filed on the decision, so it became final . The project was conditioned to require the applicant to follow the appropriate procedures for trying to legalize the metal fabrication shop once agricultural zoning was modified to comply with the above described Conservation Element policies• (C®A #5) . The land use permit was conditioned to allow for a period of five years (until October 17, 2001') in which to exercise the land use permit .` To date, the applicant has made no effort to exercise this land use permit . -2- 4 Report on Farr Metal Fabrication shop San Ramon/Bollinger Canyon area x,,997 AADproval of Farr Sibdivisi cin (MS 141-90) In 1597, the Board of Supervisors heard an appeal of the County Planning Commission approval of ' a minor subdivision #plication , .processed by the Farrs. 4 The Commission hada conditionally approved the application. The appeal had been filed by another neighbor of the Farrs, the Warholics . ,_ The Warholics had expressed concern about '-`the continued operation of trie'­riietal.���fabd cation After taking testimony, the Board voted to deny the appeal and sustain the Commissions approval , u, required that the aipli,cant mate the metal :fabricat occupancy ion ' �ror a w. c y ce an ether of the two new parcels which 'were tentative yyV N approved ACOA #36) . The applicant has not yet attempted to file a parcel map. The filing period on the tentative map currently extends to Septembe34 .,It,� 7, , 2000# and may be extended by the County up to 5 additional years c upon receipt of a request from the applicant . As a separate matter, Supervisor Gerber, in whose district this , district the property lies, indicated to the two parties,,ithe Farrs and Warholics, that she wished to review the matter again in September of thg year 2000 RECENT COMPLAINT BY THE NEIGHBOR �1 On June 24, 1999, County staff met with Mr. Warholic who expressed fic concern about more intensive activity associated with the metal ' fabrication shop. ' He indicated that the operation was resulting ira fl `fins and noise and-'traffic levels that were disruptive to his uses of, his prtrU :"y`° He provided audio/visual and other evidence and t other documentation that persuaded staff that the current operation tv of the metal fabrication shop could not qualify as a business that t is agriculturally related. D SCTJSSION The General Plan designates this site Agricultural Lands . The 1987 action of the Board to defer code enforcement on the metal fabrication shop was premised on the applicant being able to demonstrate at a later date that the operation could be found consistent with new policies allowing for agriculturally-related businesses . However, based on recent evidence provided by theq neighbor, it is clear that the current use is largely ri ustrial'' `' r € � character. It is also apparent that non-agricultural uses are a v �- J major beneficiary of the products from the operation. 00 ,J There is no further purpose to be served in waiting for p consideration of zoning modifications for agricultural businesses 4- to potentially accommodate this activity. In staffs opinion, the p current metal fabrication activity cannot be found. consistent with the new general plan policies. Staff can see no justification to, allow existing nuisance conditions, for}� �. ire. —Acoordingly, ,the Cry � hdu1 :, initiate appro riate invest p gation , and.:-::� code , elnf #;ement -3- ADDENDUM TO ITEM D.3 August 3, 1999 Agenda On July 20, 1999, the Board of Supervisors continued consideration of finding that the use of a Metal Fabrication Shop at 18311 Bollinger Canyon Road its the San Ramon area precludes a finding that the use is agricultufally related; and consideration of directing the Building Inspection Department Director to immediately investigate 4.�tiatee code enforcement actions. Dennis Barry presented the staff report and recommendations. The Board discussed the matter. Victor Westman, County Counsel advised the Board that the recommendation was not for enforcement of the code, but to initiate an investigation and potential code enforcement actions, for a subsequent hearing. Public comment was opened, and the following people presented testimony: IMichael Warholic, 18333 Bollinger Canyon Road, San Ramon; �Ga Edward Shaffer, Esq.,Norris &Norris, 1850 Mt. Diablo Blvd.,#530, Walnut Creek; lam" Mike Farr, 18311 Bollinger Canyon Road, San Ramon; Lori Farr, 18311 Bollinger Canyon Road, San Ramon; �r Jim Farr, P.O. Box 2567, Martinez; ij Lisa Farr, 1505 Dawn Court, San Ramon; James Stuart, 18475 Bollinger Canyon Road, San Ramon; Michelle Aralica, 2689 Corey Place, San Ramon; Ivan Araliga, 2689 Corey Place, San Ramon; / ena McKinzie, 575 Chetwood Street, Oakland; v//Mark Chewning, 2462 Norris Canyon Road,Regal Steel Supply, San Ramon; Larry Zaharis, 18770 Bollinger Canyon Road, San Ramon; /Michael Rains, 18875 Bollinger Canyon Road, San Ramon; ,/Kathy Rains, 18875 Bollinger Canyon Road, San Ramon. The following people did not appear to speak, however the Chair read their names into the record: V ebbie Zahans Chewning, 2462 Norris Canyon Road, San Ramon; 'Nul Brasher, 4950 Alhambra Valley Road, Martinez; VMike Brosler,4950 Alhambra Valley Road,Martinez; arlen Mueller, 18477 Bollinger Canyon Road, San Ramon; ianne Davis, 1008 Palisade Drive, Martinez; Barbara Karl, 18355 Bollinger Canyon Road, San Ramon; v/ athryn Stewart, 18475 Bollinger Canyon Road, San Ramon; � onald Prather, 18355 Bollinger Canyon Road, San Ramon; .,Tern Kovak, 18728 Bollinger Canyon Road, San Ramon /Paul Mueller, 18477 Bollinger Canyon Road, San Ramon All those desiring to speak having been heard, the Board discussed the issues. Supervisor Gerber moved to delete staff s Recommendation No. l; and to adopt staff's Recommendation No. 2 to investigate the allegations; and she encouraged everyone to cooperate with the investigation. Supervisor Uilkema seconded the motion, and requested that it include a request that Mark Chewing, Regal Steel Supply,provide staff with his knowledge of projects fabricated at the subject shop. Supervisor Gerber agreed. The Board took the following action: IT IS BY THE BOARD ORDERED that staff's Recommendation No. 1 is DELETED; and staffs Recommendation No. 2 is APPROVED, and the Building Inspection Department Director is DIRECTED to initiate appropriate action; and Mark Chewning,Regal Steel Supply, is REQUESTED to provide staff with his knowledge of projects fabricated at the subject shop. NOTICE OF A PUBLIC HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS SAN RAMON AREA NOTICE is hereby given that on sd ya Aprilom, 2000,at 1�1_00 a.m. in the County Administration Building, 651 Pine Street, (Comer of pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: A hearing to consider a report from the Director of Building Inspection on the investigation of allegations of code violations regarding the property of Charles and Lorraine Farr(Owners), 183 11 Bollinger Canyon Road, San Ramon; and to consider direction to staff on appropriate action. The location of the subject property is within the unincorporated territory of the County of Contra Costa, State of California. If you challenge this matter in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County at, or prior to,the public hearing. 4 s t., Date: March 1, 2000 PHIL BATCHELOR, Clerk of thez (;� Board of Supervisors and County Administrator > L: t 1 Barbara S. Grant, Deputy Clerk s � �w FEB. -23' 4Q(WED) 11 :38 NORRIS k NORRIS X C. TEL: 19259343665 P. 001 �7 �Q RJc}iAplS k, wa>eN1J: 1/4A MT. 111A6LA BLVD, SVITO 436 KUM POUCLAS C, RTRAUS WALNUT CK9M CALIFORNIA 24526 CY t'rSCtiN TELEPHONE a41S1 954.4141 COLIN j, COFF9Y FAX (92.9) R34-3965 SItARON M, IVtRSkN 9DWART3 b. SHAFFIR 3266 BLUME PRtV9, SUITE 400 0ANI&1. C5, PWINfLL RICNAAOND, CALIFORNJA 94SP(V M)CHA9L A. PATERSON 'TEL€PHON0 t31Q1 222-3100 .. rALJLA L. BACA FAX 1310) 212-5991 NOMT40tt M, CAUL"MA14 111MAMA FtLY Person Iriogilmile N—U e-r Carlos S aLltodano, Building 925/646-1219 inspection Department Anrs Cerve:ll}, C`.l.erk of thital 9 5 935-1 13 Board Diana Silver, County Counsel' s 925/0546-1078 office I3>Zrits :," 'Balmy, CoTc11Tunity 925/335-1239 Development Mickie Perez, property 925/646-4650 Cconserva Lion Division From: 'Ed Shaffer mate: February 23, 2000 Re- Farr Metal. Fabrication Shap TOTAL PAGES, INCLUDING C OV'PuR, 3 CLIENT NUMSER a F0073-001 ORIOMMI;,< WILL FOLLOW x WILL NOT FOLLOW RRZPL,Y TO: Riclhmand Walnut; Creek phone! 510/222-2100 phone: 925/934- SISI fax- 51.0/222-55992 Taxa 925/934-3665 * "OSAGS Letter recapping agreements w4th Mr. Baaltodeano regarding Board hearing and abatement aLctIvitiiasl , Hearing scheduled for April 25th at 11:O 0 a.m. Farre to receive final inventigation report 30 dacrya in advance. MJGt Js ;dad onl r Ir u"of ttte ka>ttMdueal ear aarttity to whleahr tt is addressed and may cantain information that to privileged,t wMantlal and exempt from cid K40suft under applicable law. If you are not the Intended recipient,you are hweby notffi d that any use, dissemination,distribution,or copying of this communica ftn In aVictly prohibited. If you have reresWed this communication in emor,please notify us immerdistel by telephone,and return this oel&aal masa to us at the above a Actress yl the U3 tai 3sivice, Thank FEB, -23' 00(WED) 11.39 NORRIS & NORRIS W. C. TEL: 19259343665 I'. 002 y����ryry R C1iJ�RCs t~. REPLY TO, Joao M*.DIAII LO MI.V0 . MUITM 630 1111 J��� " 1[8,04 C. BTF?+t R WALNUT CPUcFK.CA61FCIPVNIA'Z*%1i0 91++�� ST£H TC1,XF4"QNt%(Qa*l 034-: (6% ,5 i.p{ly1.�pC31"PCY ty FAX tfoas) 031a_34566 AN 14,D. t• h1 tt 37C Cliff HLUM DRIVE.SUITE 4013 Tmotsom MA♦�R 6.�r+�A RuCMMOMO.CALIFORNIA 16 4HOM 1N//++��I�yy�t �1gvlt7tiCL Ad. AUt31ilM^M TZLE:Pm0MXt 10101 9131M'0100 �RKS M1CHAEL A. SWEET WAX: lts101 2' 22,•'SQMM February 23, 2000 VIA FAC 1M11.lii AND MAIL Carlos 13altodano Director of Building Impaction Contra Costa County Building Inspection Department 651 Pine Stmt 3rd Floor,North Wine Martinm CA 94553-1290 Re: Charles & Lorraine Farr 18311 Bollinger Carryon Road bear .\Mr. Baltodanoa This letter is written on behalf of our clients Charles and Lorraine Farr. I previously scent the County a letter Mated February 7.2000 objecting w the procedures being followed by the County regarding the Facrs' metal fabrication shop. Tbt Fays separately filed an administrative appeal on February 8*% requesting a hearing before the Bow of Supervisors to protest certain code enforcement nt actions. You r+espoudod with a letter dated February 16, 2000(which X received on the 2e), in which you agreed that County staff should not have initiated abaterxrent proceedings without direction from the Bored after a new hemming. As you:noted.the recorded Notice of Violation has been Cleared from title to the Farrrrs'property.we appreciate Your Departtuent's sp ady action removing this encumbrance on titles. Your letter suggested a Board bearing 14te of March 21'. During our phone conversation on February 22"e,you indicated that the investigation report being compiled by County staff regarding this matter is not yet complete. You agreed that it is appropriate for the,Fares to re+csive a copy of OW rMort well in advance of dee Safarcl hearing,ser they r y uienrLfy otrly C=wai a rs=d ccbut any naptive conclusions in time to prepare submissions for the Board packet. You accepted.rang auggeation that it would be fair to alloy the Furs a month between the time they receive the final report and.the Bored hearing. Vire discussed possible hearing dates that would ptnvtide enough time for finishing the report and giving it to ithe Farrs, and you agreed to April Ie or later. We hath acknowledged that actual scheduling ofl3oar4 hearings is controlled by the Clerk of the Board, P0073E3 I1170429-t I:EB. -23' 00(WED) 11 :39 NORRIS & NORRIS W. O. TEL: 19259343665 P. 003 Carlos Baltodano February 23,2000 Page 2 T received Q call today$om Mickie Perez of your Department, relaying a message from the Clary of the Board proposing a hearing on April 25'6 at 11:00 a.m. This data is acceptable to the Fars. Ms. Pere stated that the investigation report is teeing prepared in conjunction with the Community Development Department(who is providing input regarding zoning issuuae),and she cannot predict when it will be finalized. I would expect to receive a copy by March 24`x`, as,you agreed. Hopef illy County staff can meet this schedule,is avoid having to postpone this hearing. Based on your representations and commitments in your February I e letter and our February 2244 convemation,I am authorized by Mr. & Mrs. Farr to withdraw their administrative appeal. Ptemoval of the recorded Notice and your agreammi to cease abatement efforts and abide by the result4 of a Board hearing make the appeal unnecessary. You agreed to reftmd the Fairs' $125.00 appeal fee upon receipt of this withdrawal. As ragwmited in the appeal, we do not expect they Farts to be chaged any fees or fines arising from the investigations conducted at the Board's request or from staff's pmmaure abatement efforts. We await receipt of the final investigation report. please keep me informed of its status and likely release data, and notify the if there are any changes to the hearing date. Thank you for your cooperation in this matter. Very truly yours NORRIS & NORRIS, P.C. By Edward L. Shaffer ELS.gcc cc: Dennis party Alan Cexvelli Liana,Silver,Esq. Mickia Perez (all via facsimile only) The Board of Supervisors Contra Phil Batchelor Board \,,,,J 1 f(, Gl Clerk of the Board Costa st and County Administration Building (�JL( County Administrator 651 Pine Street, Room 106 (925)335-1900 Martinez, California 94553-1293 County John Giola, 1st District 1 Gayle Uilkema,2nd District = - Donna Gerber,3rd District Mark DeSaulnier,4th District Joe Canclamilla,5th District Charles and Lorraine Farr 18311 Bollinger Canyon Road San Ramon CA 94583 Re: Administrative Appeal Fees Dear Mr. and Mrs. Farr: Enclosed is your Bank of America check No. 4918, dated February 8, 2000,in the amount of$125 filed with your administrative appeal. Since it was determined the matter you submitted was not an administrative appeal, you are entitled to a refund of your fees. Regards, arbara . Gr t eputy Clerk Board of Supervisors Enc.,✓ c.c. Edward Shaffer,Esq. Norris&Norms 1850 Mt.Diablo Blvd.,Ste 530 Walnut Creek CA 94596 Building Inspection Department i LORRAINE A. FARR 4918 CDL AM74071 510-B204024 Date� c� v't 18311 80WNt�Eifi CANYON RD. it-8ffi/12t0 SAN RAMON,CA 9488,3 1271 Pay to tl7e 0 rder of $ -�.00 W ollars1 ...� z Bank of AmericaC`ust y �° inrc San Ramon Branch#1271 98 s 91 c0 Crow Canyon Placa . San Ramon,CA 4461!9 (9M 4334W AV k L2 L0003581:49 161,1127 L Ps130 i 12ol Building Inspection Contra Carlos Baltodano Department Costa Director of Building Inspection County Administration Building County 651 Pine Street,3rd Floor, North Wing Martinez,California 94553-1290 e" . (925)646-2300 Fax(925)646-1219 Wj � RECEI 0. FEB 18 February 16, 2000 °s' —US , `� # CLERK BOARD OF SUPERVISORS T A ,ASO, Edward Shaffer Norris&Norris 1850 Mt. Diablo Blvd., Ste. 530 Walnut Creek, CA 94596 Dear Mr. Shaffer This is a follow-up to our telephone conversation of February 11, 2000. As we discussed, it is quite understandable that you determined that the board action of August 3, 1999 was to initiate an investigation "for a subsequent hearing". As you are aware, County staff was under the impression that they could proceed with code enforcement action. Since your letter we have discussed this matter with County Counsel and the Director of Community Development and have agreed that a hearing should be set before the Board of Supervisors for the Board to receive staff's' investigation on this matter. Therefore, we will refund the $125.00 fee that you paid for the administrative appeal, once we receive your letter of withdrawal. A hearing before the Board of Supervisors on this matter has been tentatively scheduled for March 21, 2000 at 11.00 a.m. Please call me by no later than February 21, 2000 to confirm that the date and time is convenient for you and your client. The removal of the recorded "Notice of Violation" has been accomplished. As you acknowledged in your letter of February 7, 2000 you received on February 3rd a letter from our staff forwarding to you a new"Notice of Violation Cleared", which was recorded on February 7, 2000. Should you require further information, please call me at (925)335-1108. Sincerely, Carlos Baltodano Director CB:nr cc: Dennie Bury,Community Development Director Diana silver,Deputy County Counsel AMickie Perez,Chie$property Conservation Division Robert Drake, Senior Planner,Community Development Am Cervell'y Deputy Clark of the Board \cbak\farr.atty.ltr CONTRA COSTA COUNTY Clerk of the Board Inter-Office Memo Date: February 9, 2000 To: Building Inspection Department Carlos Baltodano, Building Inspection Department Director From: Clerk of the Board of Supervisors Barbara Grant, Deputy Clerk Subject: Charles and Lorraine Farr 18311 Bollinger Canyon Road San Ramon CA 94583 We are in receipt of the attached administrative appeal filed by Lorraine Farr, 18311 Bollinger Canyon Road, San Ramon, from the action of the County Building Inspection Department. This matter has been tentatively scheduled for hearing by the Board of Supervisors on March 21, 2000, at 11:00 a.m. Due to the Board's calendar, after this March date, the next available date would be April 11, 2000. If this matter is untimely or there is any other reason it should=be heard by the Board, please advise this office in writing by February 21, 2000. If the appeal is to be heard, please provide the Clerk of the Board with any known addresses that should receive certified notice of the hearing. Please provide material relative to this appeal to be presented to the Board by March 1, 2000. Enclosure c.c.: County Counsel CAO � ECEIVED February 8, 2000 F E B 0 8 1999 vLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Contra Costa County Board of Supervisors c/o Clerk of the Board 651 Pine Street Martinez, CA 94553 APPEAL FROM ADMINISTRATIVE ACTION Honorable Supervisors: The purpose of this letter is to appeal the action of the County Building Inspection Department in pursuing code enforcement and abatement actions against our property at 16311 Bollinger Canyon Road. Enclosed is a copy of a letter dated February 7, 2000 sent on our behalf by our attorney Edward Shaffer to Ms. Mickie Perez (with its own attachments). Mr. Shaffer's letter describes in detail the improper administrative actions from which we are appealing, and the basis for our objections. That material should be treated as part of this request for a Board hearing, describing the grounds for our appeal and the nature of the injury we are suffering This information should satisfy the requirements for administrative appeal described in Chapter 14-4 of the County Code. In brief, on August 3, 1999 the Board of Supervisors voted to authorize an investigation by County staff regarding whether our metal fabrication business should be allowed to continue operation on property zoned A-4 in Bollinger Canyon. The investigation was supposed to provide background information for the Board as it considered claims by a neighbor of nuisance from actual operations and of a change in the historic nature of metal-working activity on our property. After the investigation was completed, the Board intended to hold a public hearing to decide whether to continue its moratorium against abatement of our business. The underlying question is whether and to what extent the County should allow metal-working and other operations in agricultural zones, based on their value in supporting nearby agricultural activities. This appeal was triggered by the Building Inspection Department taking the very serious action of recording a "Notice of Violation" against title to our property, without any hearing or other opportunity to challenge the action, and of initiating code enforcement and abatement efforts without first returning the matter to the Board of Supervisors as you instructed last August. We believe that the Department has overstepped its authority in this regard and failed to follow clear direction from the Board as to how to handle our situation. We also question whether the Department has authority to record an encumbrance on title to property without a hearing or other due process opportunity. Contra Costa County Board of Supervisors February 8, 2000 Page 2 Enclosed is a check in the amount of$125.00 payable to Contra Costa County, which we are informed is the fee for administrative appeals. However, we ask the Board to waive this fee requirement and refund our payment, because the Building Inspection Department forced this appeal by ignoring the Board's direction to only conduct an investigation and then arrange a hearing before the Board. We also ask the Board to instruct staff not to charge us fees or fines related to either their investigations conducted at the Board's request or their premature abatement efforts. Please send a copy of any correspondence regarding this matter to our attorney at the following address: Edward Shaffer Norris & Norris 1850 Mt. Diablo Blvd., Suite 530 Walnut Creek, CA 04596 phone (925) 934-8181 fax (925) 934-8181 1 hereby verify that the facts in this letter and its attachments are true and correct to the best of my knowledge. Sincerely, Lorraine Farr Charles & Lorraine Farr 18311 Bollinger Canyon Rd. San Ramon, California 94583 phone (025) 820-8642 fax (925) 820-8327 a ,ct cc: Supervisor Donna Gerber Victor Westman, County Counsel Ms. Mickie Perez, Building Inspection Dennis Barry, Community Development Nf"}� RICHARD E. NORRIS REPLY TO: 1860 MT. DIABLO BLVD.. SUITE 530 �ti...✓+� RIS DOUGLAS C. STRAUS V WALNUT CREEK,CALIFORNIA 94596 CY EPSTEIN COLIN J. COFFEY TELEPHONE: (925) 9.34 8181 .SHARON M. IVERSEN FAX: (925) 934.3865 t EDWARD L. SHAFFER DANIEL D. PURNELL MICHAEL B. PETERSON 3260 BLUME DRIVE.SUITE 400 PAULA L. GACA NOEL M CAUGHMAN RICHMOND.CALIFORNIA 94806 NORRIS MICHAEL A. SWEET TELEPHONE: (510) 222-2100 FAX: (SIO) 222-5992 February 7, 2000 VIA FACSIMILE AND MAIL Ms. Mickie Perez, Chief Neighborhood Preservation Program Property Conservation Division Contra Costa County Building Inspection Department 651 Pine Street, 4`h Floor Martinez, CA 94553-0152 Re: Charles & Lorraine Farr 18311 Bollinger Canyon Road APN 199-030-040 Your Ref. No. 990410 Dear Ms. Perez: My clients Charles and Lorraine Farr operate a metal fabrication shop on their property at 18311 Bollinger Canyon Road in an unincorporated area near San Ramon. This business has been the subject of some controversy between the Farrs, their neighbors and the County. That controversy focuses on two separate questions: whether the County should allow such a use in the A-4 zoning district, and whether the Farr's operation constitutes an actual nuisance to neighbors. On August 3, 1999, the Board of Supervisors held a hearing on the neighbor's request for code enforcement action. Attached is the Board Order adopted that day, which explains the history and current situation of this property. For the record, the Farrs dispute the statement in the staff report that the operation has become more "industrial" and non-agricultural. They have evidence that the extent and nature of the business has remained essentially unchanged since this matter first arose in 1986®evidence that they are ready to provide to County staff and the Board. Furthermore, during the August 3rd hearing Community Development Director Dennis Barry corrected the statement at the bottom of page two of the staff report that"the applicant has made no effort to exercise" its 1996 land use permit, in recognition that the Farrs in fact have been pursuing the site studies and other details needed before obtaining building permits for new houses. The Board directed County staff to initiate a code enforcement investigation. The purpose of the investigation was two-fold: to determine if operations generated impacts on neighbors sufficient to warrant finding the business an actual nuisance; and to document the current extent of operations and the history of the business. F0073001/169776-1 Ms. Mickie Perez, Chief Neighborhood Preservation Program Property Conservation Division February 7, 2000 Page 2 It is critical to note that the Board did not authorize and did not expect staff to unilaterally begin abatement proceedings. The Board Order states that County Counsel Victor Westman "advised the Board that the recommendation was not for enforcement of the code, but to initiate an investigation and potential code enforcement actions, for a subsequent hearing." (see page labeled "Addendum to Item D.3"). The Board told the Farrs during the August 3rd hearing that it was premature for them to present evidence rebutting the claims of nuisance and of operating a nonagricultural business. My own detailed notes record several Supervisors confirming that they were not authorizing code abatement, but only an investigation to provide background facts for a future decision. * Supervisor Canciamilla told the Farrs that their presentation that day would not make a difference since the Board was not making a decision to abate, but only to begin the investigation; he specifically stated that he needed the investigation because he did not want to proceed based only on the two-page staff report. In response to a complaint that the Board already had made up its mind, Supervisor Uilkema stated that their mind was made up only to allow the investigation and collect facts, to then use in making a decision. * Supervisor Gerber promised that the Board would be fair and look at all the information collected by staff and presented by the Farrs and others before deciding what action to take. The Board specifically voted to delete proposed Finding No. 1 (that the business could not qualify as `agriculturally related")pending completion of the investigation and a hearing. Against this background, your office sent inspectors to the Farr property. however, they never asked for information regarding the history of use. I am informed that the inspections ignored Mr. Farr's agricultural-related metal work and only sought evidence of non-agricultural activities. For example, the inspector took photographs of some items but ignored and showed no interest in two agricultural projects underway at the time: making repairs for neighbors on a cattle gate and a log splitter. This suggests that your office has not followed the Board's direction to investigate and report back on actual nuisance and history of use. Later, the Farrs suddenly received a"NOTICE TO COMPLY" from Philip Ludolph of your office dated December 15, 1999, declaring that they had only 10 days to relocate the business and threatening several enforcement measures including court action (see attached). Mr. Ludolph next sent the Farrs a letter dated January 10, 2000 informing them that a"Notice of Violation"had been recorded against title to their property, and threatening legal action unless they complied within 30 days (see attached). Neither letter mentioned the need for confirmation Ms. Mickie Perez, Chief Neighborhood Preservation Program Property Conservation.Division February 7, 20001 Page 3 by the Board of Supervisors, or advised the Farrs regarding their legal opportunities to appeal these decisions. The reason cited for this enforcement action was simply that metal fabrication was not listed as a permitted use in the A-4 zone—a fact that all parties acknowledged during the Board hearing last August! Furthermore, your office did not even send the Farrs a copy of the Notice of Violation that was recorded, so they could not see exactly what encumbrance had been placed on their property. On or about January 20`", you told Charles Farr that the investigation report was not yet complete and could not be provided to him. In fact, on January 27`x` Philip Ludolph of your office informed me that you were stili waiting for the Community Development.Department to provide some missing information(a fact which Michael Silva of your office confirmed on February 2nd). We question how your office could have taken the actions it did (such as recording an encumbrance to title) with an unfinished investigation report, no report back to the Board of Supervisors, and no chance for the Farrs to challenge your enforcement efforts. The County Code's provisions regarding code enforcement do not authorize any of the procedures followed by your office. Section 82-2.005 states that "on order of the board of supervisors, the district attorney shall commence an action" for abatement of a violation of the Zoning Code. Article 14-5.4 describes an alternative procedure for abating declared public nuisances, and specifies a form of notice including appeal rights. It is clear that your office is not following either Section 82-2.005 or Article 14-5.4. I found no authorization for you to demand compliance in ten days without any appeal process, and then to encumber title to property based only on an incomplete internal investigation and without any hearing. I have obtained a three-page document from your office entitled"Procedures for Code Enforcement Investigations--Building and Zoning Violations." Nothing in these procedures mention recording a Notice of Violation. In this regard, I had also requested a copy of the "Attachments"referenced in the Procedures, which among other things supposedly specify the citation, criminal action and abatement procedures to be followed. However, I received a letter from Mr. Ludolph dated February 2nd which indicates that he cannot honor my request for copies of the Attachments because "the County is still waiting on an internal determination on this matter." Either these operating procedures are officially sanctioned—in which case the supporting documents must be readily available to the public—or your office has been carrying out its code enforcement activities (including recording Notices of Violations) without authorization. Thus I repeat my request for proof that the procedures employed against the Farrs have been formally approved by the Board and by County Counsel. Ms. Mickie Perez, Chief Neighborhood Preservation Program Property Conservation Division February 7, 2000 Page 4 Recording a"Notice of Violation" suggests there has been a final determination of wrongdoing—which has not yet occurred in this case. At a minimum such a notice should state that the violation is only alleged and has not yet been finally determined by the Board of Supervisors. This recording has created a substantial burden on the Farr's property title, with potentially serious consequences (e.g., third party negative reactions, restrictions on financing). In order to follow the Board's directions for this case and to cure the defects in your office's proceedings to date, we expect the County to take the following actions at once: 1. Remove the recorded Notice of Violation and provide proof that title has been cleared of this encumbrance. (On February 2"d Mr. Michael Silva, Senior Building Inspector, informed me that in response to my telephone calls on this point, the recorded notice was being cleared. On February 3�a I received Mr. Ludolph's letter forwarding both the first recorded Notice of Violation and a new "Notice of Violation Cleared"recorded on February 2"a.) 2. Provide a copy of the investigation report compiled by your office that served as the basis for your actions to date, together with the supplemental information when received from the Community Development Department. 3. Arrange a hearing before the Board of Supervisors to consider the results of your investigation—assuming your office is ready to report on historical use and actual operational impacts on neighbors, as the Board directed on August 3`a 4. Cease all further code enforcement actions against the Farrs, pending direction from the Board following its public hearing. In order to protect the Farrs' rights we are compelled to file an administrative appeal to the Board of Supervisors, challenging the actions of your office. This is necessary in light of both Mr. Ludolph's January 10th letter setting a 30-day deadline to comply or face further enforcement, and County Code §14-4.004 which requires an appeal to be filed within 30 days of the staff action at issue. This letter will be part of the appeal filed by the Farrs. We regret having to file the appeal. It has been required because of your office's failure to follow the Board's direction and instead to pursue premature code enforcement efforts. We expect the County to refund the 5125 fee that must accompany the administrative appeal. We also do not expect your office to charge the Farrs any fees or fines related to your mistaken code enforcement activity. Ms. Mickie Perez, Chief Neighborhood Preservation Program Property Conservation Division February 7, 2000 Page 5 Copies of all correspondence or other materials sent to Mr. & Mrs. Farr by your office or received by your office regarding this matter should be sent to me. Very truly yours, NORRIS && NORRIS, P.C. By Edward L. Shaffer ELS:gcc encl. cc: (via facsimile only) Board of Supervisors c/o Clerk of the Board Supervisor Donna Gerber Victor Westman, Esq., County Counsel Dennis Barry, Director of Community Development Robert Drake, Senior Planner Philip Ludolph, Building Inspector I Carlos Baltodano, Director of Building Inspection Mr. & Mrs. Farr p.s. Please note that the "Notice of Violation" form refers to the "510" area code for reaching your office, while the "Notice of Violation Cleared" form has no area code. Contra Cosh TO: BOARD OF SUPERVISORS �-�� � Count, FROM: DENNIS M. BARRY, AICD DIRECTOR OF COMMUNITY DEVELOPMENT DATE: July 20, 1999 SUBJECT: Report on Metal Fabrication Shop Operation at #18311 Bollinger Canyon Road in the San Ramon area. (C.M. Farr) (County Zoning Investigation File #RF 991141.0) (APH 199-030-040) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMUMATION Adopt a motion: 1. Finding that recent changes to the use of the metal shop at the subject site preclude a finding that the use is agriculturally related. 2. Direct the Director of Building Inspection to initiate appropriate investigation and potential code enforcement actions pertaining to the metal shop operation including causing its operation to cease and desist. FISCAL IMPAC None. BACILROMM This report concerns a longstanding land use dispute concerning a metal shop operation in the Bollinger Canyon area. CONTINUED ON ATTACHMENT: _x YES SIGNATURE `g _ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMNI EE APPROVE OTHER SIGNATURE W : ACTION OF BOARD ON AuxuBt 1. 1999 OTHER XX — SEE THE ATTACHED ADDENDUM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A U— UNANIMOUS (ASSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: - ABSTAIN: __ ___ MINUTES OF THE HOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Bob Drake: H925) 335-12141 Orig: Community Development Department ATTESTED August 3. 1999- CC: Edward Shaffer, Norris & Norris PHIL BATCHELOR, CLERK OF Charles & Lorraine Farr THE BOARD OF SUPERVISORS Michael J. Warholic AND OOYNTY ADMINISTRATOR Building Inspection Dept. County Counsel S DEPUTY c:\wpdoc\farr.bo RD\ Report on Parr Metal Fabrication Shop San Ramon/Bollinger Canyon area Complaint by Neighbor The origins of the dispute stem from a complaint which was registered with the County concerning a metal shop operation which had been established on a property owned by Charles and Lorraine Farr that is zoned Agricultural Preserve (A-4) . At that time, the County advised the Farrs that they needed to eliminate the operation, or could try to legalize it by obtaining an appropriate land use permit under the zoning. Attemut to Legalize the Use by Filing a Land Use Permit In 1986, the Farrs filed an application for a land use permit (File #2144-86) to try to legalize the use as a home occupation. The matter was heard initially by the Zoning Administrator who denied the application. That decision was appealed by the Farre to the San Ramon Valley Regional Planning Commission who reversed the Zoning Administrator's decision, granted the appeal, and conditionally approved the project. The neighbor appealed that decision to the Board of Supervisors. On November 3, 1987, the Board granted the neighbor's appeal and denied the land use permit application. At the same time, the Board directed the Community Development Director and County Counsel to determine whether changes should be made in zoning and land use permitting to allow agriculturally related land uses. The Board also ordered that staff delay enforcement of the land use permit denial pending the reults of the evaluation. S xubse,Quent Board Di rec ion In response to a subsequent staff report on the matter, on December 19, 1989, the Hoard of Supervisors directed staff to defer review of the zoning changes or enforcement action pending review of the proposed general plan review then underway. 1991 Adop i n of General Plan and Related ActriculLural Polinj.es In 1991, the Board of Supervisors adopted an update to the County General Plan. Among the policies adopted in the plan is Conservation Element Implementation Measure #8-aa pertaining to provision of agriculturally related businesses in areas designated for agricultural use. 1926 ALproval of a Land L7sae Perini _ (Vile # P 6202 ) to AJJQW Second and Third R _sid .n _ _s In 1996, the Farrs applied to the County to obtain a land use permit to allow the establishment of a second and third residence on the subject property (File #LP962029) . After conducting a hearing on the application, the Zoning Administrator conditionally approved the application subject to conditions. No appeal was filed on the decision, so it became final. The project was conditioned to require the applicant to follow the appropriate procedures for trying to legalize the metal fabrication shop once agricultural zoning was modified to comply with the above described Conservation Element policies (COA #5) . The land use permit was conditioned to allow for a period of five years (until October 17, 2001) in which to exercise the land use permit. To date, the applicant has made no effort to exercise this land use permit. -2- Report on Farr metal Fabrication Shop san Ramon/Bollinger Canyon area 1297 Apnrova3 of Farr SuhAd*v,Lin M� t!1 -901 In 1557, the Board of Supervisors heard an appeal of the County Pi.anning Commission approval of a minor subdivision application processed by the Farrs. The Commission had conditionally approved the application. The appeal had been filed by another neighbor of the Farrs, the Warholics. The Warholics had expressed concern about the continued operation of the metal fabrication shop. After taking testimony, the Board voted to deny the appeal and sustain the Commission's approval but required that the applicant eliminate the metal fabrication use prior to occupancy of a residence on either of the two new parcels which were tentatively approved (COA #36) . The applicant has not yet attempted to file a parcel map. The filing period on the tentative map currently extends to September 7, 2000, and may be extended by the County up to 5 additional years upon receipt of a request from the applicant. As a separate matter, Supervisor Gerber, in whose district this district the property lies, indicated to the two parties, the Farrs and Warholics, that she wished to review the matter again in September of the year 2000. a,A?N1 By THE N�IC HBOR. On June 24, 1999, County staff met with Mr. Warholic who expressed concern about more intensive activity associated with the metal fabrication shop. He indicated that the operation was resulting in fumes and noise and traffic levels that were disruptive to his use of his property. He provided audio/visual and other evidence and other documentation that persuaded staff that the current operation of the metal fabrication shop could not qualify as a business that is agriculturally related. D12LUS2ICrii The General Plan designates this site Agricultural Lands. The 1987 action of the Board to defer code enforcement on the metal fabrication shop was premised on the applicant being able to demonstrate at a later date that the operation could be found consistent with new policies allowing for agriculturally-related businesses. However, based on recent evidence provided by the neighbor, it is clear that the current use is largely industrial in character. it is also apparent that non-agricultural uses are a major beneficiary of the products from the operation. There is no further purpose to be served in waiting for consideration of zoning modifications for agricultural businesses to potentially accommodate this activity. In staffs opinion, the current metal fabrication activity cannot be found consistent with the new general plan policies. Staff can see no justification to allow existing nuisance conditions to continue. Accordingly, the County should initiate appropriate investigation and code enforcement. _3.. ADDENDUM TO ITEM D.3 August 3, 1999 Agenda On July 20, 1999,the Board of Supervisors continued consideration of finding that the use of a Metal Fabrication Shop at 18311 Bollinger Canyon Road in the San Ramon area precludes a finding that the use is agriculturally related;and consideration of directing the Building Inspection Department Director to immediately investigate and initiate code enforcement actions. Dennis Barry presented the staff report and recommendations. The Board discussed the matter.Victor Westman,County Counsel advised the Board that the recommendation was not for enforcement of the code,but to initiate an investigation and potential code enforcement actions,for a subsequent hearing. Public comment was opened,and the following people presented testimony: Michael Warholic, 18333 Bollinger Canyon Road,San Ramon; Edward Shaffer,Esq.,Norris&Norris, 1850 Mt.Diablo Blvd.,#530,Walnut Creek; Mike Farr, 18311 Bollinger Canyon Road,San Ramon; Lori Farr, 18311 Bollinger Canyon Road,San Ramon; Jim Farr,F.O.Box 2567,Martinez; Lisa Fan, 1505 Dawn Court,San Ramon; James Stuart, 18475 Bollinger Canyon Road,San Ramon; Michelle Aralica,2689 Corey Place,San Ramon; Ivan Araliga,2689 Corey Place,San Ramon; Nena McKinzie,575 Chetwood Street,Oakland; Mark Chewning,2462 Norris Canyon Road,Regal Steel Supply,San Ramon; Larry Zaharis, 18770 Bollinger Canyon Road,San Ramon; Michael Rains, 18875 Bollinger Canyon Road,San Ramon; Kathy Rains, 18875 Bollinger Canyon Road,San Ramon. The following people did not appear to speak,however the Chair read their names into the record: Debbie Zaharis Chewning,2462 Norris Canyon Road,San Ramon; Paul Brasher,4950 Alhambra Valley Road,Martinez; Mike Brosler,4950 Alhambra Valley Road,Martinez; Karlen Mueller, 18477 Bollinger Canyon Road,San Ramon; Dianne Davis, 1008 Palisade Drive,Martinez; Barbara Karl, 18355 Bollinger Canyon Road,San Ramon; Kathryn Stewart, 18475 Bollinger Canyon Road,San Ramon; Ronald Prather, 18355 Bollinger Canyon Road,San Ramon; Tern Kovak, 18728 Bollinger Canyon Road,San Ramon Paul Mueller, 18477 Bollinger Canyon Road,San Ramon All those desiring to speak having been heard,the Board discussed the issues. Supervisor Gerber moved to delete staff's Recommendation No. 1;and to adopt staff's Recommendation No.2 to investigate the allegations;a«d she encouraged everyone to cooperate with the investigation. Supervisor Uilkema seconded the motion,and requested that it include a request that Mark Chewing, Regal Steel Supply,provide staff with his knowledge of projects fabricated at the subject shop. Supervisor Gerber agreed. The Board took the following action: IT IS BY THE BOARD ORDERED that staff's Recommendation No. I is DELETED;and staff's Recommendation No.2 is APPROVED,and the Building Inspection Department Director is DIRECTED to initiate appropriate action;and Mark Chewning,Regal Steel Supply,is REQUESTED to provide staff with his knowledge of projects fabricated at the subject shop. Building inspection Depar ent Contra Carlos Baltodano Director of Building inspection PROPERTY CONSERVATION DIVISION Costa NEIGHBORHOOD PRESERVATION PROGRAM County 651 Pine Street,4th Floor Martinez, California 94553-0152 ;,, PCD (925) 335-1111 NPP (925) 335-1137 r; i FAX (925) 545-4450 December 15, 1999 Charles M. & Lorraine P. Farr 18311 Bollinger Canyon Rd. San Damon, CA 94583 SITE: 18311 Bollinger Canyon Rd., San Ramon APN: 199-030-040 REF: RF990410 NOTICE TO COMPLY You are hereby notified this department has observed your property at the above location and determined it is apparently in violation of the Contra Costa County Zoning or Building Ordinance Code for the following reasons: Violation Description and County Ordinance Code Section 1. Business (Metal Fabrication Shop) use condition within an A-4 zone that is not listed under Sec. 84-42.404 (1) or(2)of the CCC Ord code. You are hereby notified to clear the above violations. Corrective Action 1. Relocate Metal Fabrication business. An investigation has begun and compliance is required to correct the above violations. Permits or land use compliance may be required. A code enforcement fee shall be charged equal to two times the amount of all permit fees. Zoning violation clearances requires a minimum of a$100.00 fee. A fee of$25.00 per trip will be charged until compliance is met. The fees are additive to the building permit/zoning fees. Failure to comply with this notice within 10 days shall cause this office to take one or more of the following action/s: Record "Notice of Violation" on property records. Refer to County Counsel/City Attorney for legal action -court appearance. Issue a Citation - Court appearance, penalties and fines. Notify the Franchise Tax Board(On rental units declared substandard). Obtain abatement order-All costs plus administrative fees billed to owner. I may be reached at(925) 335-1142 any workday between 7:30 and 10:00 am. Our offices are closed the first, third and fifth Fridays of every month. Sincerely, Silippudolph Building Inspector I PAL:cw4 CC: Bob Drake, Sr. Planner Community Development NOTICE TO COMPLY.Iahe Building Inspection Departr ntC 1 �c CarlosBaitorlano Director of Building inspection PROPERTY CONSERVATION DIVISION Costa NEIGHBORHOOD PRESERVATION PROGRAM 651 Pine Street, 4th Floor County Martinez, Califomia 94553-0152 0K PCD (925) 335.1111 NPP (925) 335-1137 < FAX (925) 646-4450 January 10,2000 Charles M. & Lorraine P. Farr 18311 Bollinger Canyon Rd. San Ramon,CA 94583 SITE: 18311 Bollinger Canyon Rd.,San Ranson APN: 199-030-040 REF: RF990410 Bear Property Owner: This letter is to serve as notification that a"Notice of Violation"has been recorded against the above listed property regarding: 1. Business(Metal Fabrication Shop)use condition within an A-4 zone that is not listed under Sec. 84- 42.404(1)&(2)of the CCCOrd.Code An investigation has begun and shall be charged as follows: the cost shall be equal to two times the amount of all permit fees with a minimum charge of$100.00. Where repeat visits are required before the owner complies,a reinspection fee of$25.00 per trip shall be assessed. Once compliance regarding the property violation(s)has been achieved and the cost of the investigation has been paid, a Notice of Violation Cleared may be released. This trust be filed at the County Recorders office,at the property owners expense. Failure to comply within 30 days shall cause this office to take one or more of the following action/s: Refer to County Counsel/City Attorney for legal action-court appearance. Obtain abatement order-All costs plus administrative fees billed to owner. For further information, you may contact me at f925D35-1142,Monday through Friday from 7:30 to 10:00 am.The Building Inspection Department is closed every first,third and fifth Friday of the month. Sincerely, 4� 1 Philip Ludolph Building Inspector I PAL:cw4 VE IFI A` IQ I, _ L 6 kt cA t tj F, F A-YZ ,., declare: I am IKe_ A ?P6ALL tk►1. -r , I have read the .4 ti-Ae— --E.I__71 Appeal from Contra Costa County's vo- C P uK-eu i562•i5, Vic.t> Tm�-P and know the contents thereof and the same is true of my own knowledge except for matters therein stated on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 4��Or_L)A ei 2 Oc> in_ Oo0T(2 y-rz aOAJ �/, California. (signature) FEB. -07' 00,(MON) 12: 16 NORRIS & NORRIS W. O. TEL: 19259343665 P. 001 AICHARP E. NORRI5 Sega MT, PIARLO XWO, SUITE 9313 00LICLAS C. STRAUS WALI4UT CREEK, CAL11'CIRNIA 94396 Ift CY €eSfEIN TELEPHONE 10351914-6141 ir COiI.IN COFFEY FAX (925) 934-3665 sHAR04 IA. IVGRSEN CLNNAILD �- KKAFFFR DANI94 P. PURNCLf. 3160 SLUME DRIVE, SUM 404 MICHAEL 6. PETERSON RICHMCAMP, CALIFORNIA 04NDS w .► PAULA L. 9ACA TILSPHONS (516) 222-2100 �++ MOI1A.CA CHMAN FAX I5101 322.5993 Perlsarx- ceiv ng acs m e 1+Tu ex Mo . Micki+e Perez, County 926/646-4450 Building lnopection Carlos Baltodano, Bldg. Intap. 9.25/64+6-1.2 .9 Philip Ludolph, Bldg. lntalp. 925/646-4450 Board of Superviaors, c/o 925/335-1.913 Clerk of the Board Supervisor Donne. Gerber 925/820-6627 Victor Weetman, county counsel, 925/6+46-1378 Dennis Harry, Community 92x/335--1299 Development Robert: 'Drake, Comm. Dev. 92S/335-1.222 ChaLrlen & Lorraine Parr 925/820-8327 Front: Edward Shaffer Date: February 7, 2000 Rai Cade Enforcement - Parr Property TOTAL PAGES, INCLUDING COVER 1.3 CLIENT NUM ER: F0073-001 ORIGII AT,+: WILL FOLLOW x WILL NOT FOLLOW REPLY TO: _�__._ Richmond Z Walnut. Creek phone: 510/222-2100 phone: 92S/934-5181 fax: 510/.222-5992 fax: 925/9.34-3665 Lattor ,ye-cttng tit en 1-rc=ent'procedu ana requesftig by Ing by Bn o upmrnaora. PLEASE MAKE SURE THAT ALL ADD>6 USEKSI RECEIVE A.Copy. WARNS ; This IMsep a intan W only far a use of the individual or entity to which it is aftessw+end May conntaIn WObrmaftn thrA is Priv,confkte ntwi and exempt Brom disci re under appikabie low. if you are not the lrftndod rec iplent,you are hereby notlRe d that any use. diseemtmi0n,dle ttu#m,or caplykV of tttrS=TN'tVnhcltlat Is trey prlohlbited. If you have rwehmd 22'132 MMUnimftl In er1`f1r,P10486 Mft u3 irlx wiW"te4y by teiEtl3i1 ne.and raWm this original to us at tate above eddmm vis ft US t'oslsiService. Thenk you. FEB. -07' 00.(MON) 12: 17 NORRIS Ii NORRIS W. C. TEL: 19259343665 P. 002 NOP lD&HAIS G,ISTRAUnEl11lw Fn= lags Mt7. J�IA0ti-o rf1.vD..SUITE ®tri f:Y CPST M WALNUT CRMFit,CALIFORNIA i1A5�A1s 0,41 l OLI J, CSF EY TEi�I?PHONr:(q,.+1S103*1.p 101 FA e}►aw}�e�N 11, FVE:R'SCN PAXx 10302 034-3"L% D( AN1 C1C1(.. St1ETC G (pp1��AAEL PETE Gt7hl y *00 MLUM X 13NIVE.SUITE:400 MSC +4U ANAICHM1�t1d,eAc f1P1,1rN(A 94a00 N 1RR 1 1-IA 'L.1.S%MfC T TrLit!"mONE:(ol®) 902.9100 VAX, 16101 242-ts S?Y7d l ebrtwry 7, 2000 MFAC AMZ AND MAIL Mae.Mickic Pemex, Chief Neighborhood Preservation P ograrn Property Conservation Division Counm Ceuta County Building Inspection Depmttnent 651 Pitts$tit,4`"Floor Martinez, CA 94553-0152 Re: Charles& Lorraine Farr 18 311 Ballinger Canyon dead h1'N 199-030-040 Your ReE Net."0410 Dear Ms.Perez: My clients nts Charles and Lorraine Farr operate a metal fabrication shop on their property at 18311 Bollinger Canyon Road in an unincorporged asroa nou San Ramon. This businou has been the subject of some controversy between the Parrs,their aelghbors and the County. That controversy focuses on two saparea questions. whether the County should allow such a use in this A-4 zoning district; and whether the Farr'ec operation corsstitutses an actual nuisance to neighbors. On August 3, 1999, the.Hoard of Supervisors held a bearing an the neighbor's request for code enforcement menu. Attached is the Heard Ordor adopted that day, which explains the hiskny and current situation of this property. For the:record, the Faars dispute the statement in the staff report that the oporaartion has become more"ia tstriatl"and nowagric^ultural. They have evidence that the extent and nature of the business has resod essentially unchanged since this matter first Msec in 1986--evidence that they are ready to provide to County st4ff anil rho Board. Furtherm mt,during the August 31a hewing Community Development Director Dennis Barry corrected the statement at they bottom of page two of the etatTreport that' w applicant has made no effort to exercise"its 1996 land use permit,in recognition that the Farrs in fact have bwn pursuing the site studies and other details needed before obtaining building paxtraits rat new houses. no Hoard directed County staff to initiate a code a nforee3mant investigation. The purpose oftho investigations was two-fold: to detennine:if oporatiorns generated d impacts an neighbors sufficient to warrant finding the buzIrms an actual nauisacn",and to document the current extent of operations and the history of the business. FOOM01/1807MI FEB, -07' 00(MON) 12, 17 NORRIS & NORRIS W. C. 'CEL: 19259343665 P. 403 Us.Mickic Perez,Clef Neighborhood Preservat e>rrr Progcarn Property Conservation Division February 7,2000 Page 2 Tt is critical to note that the:Board diel not authorize and did not expect staff"to unilaterally hue, n abatement proceedings. The Board Orden states that County Counsel View Werttnan "advised the Board that the recommendation was not for enfor'cenne:nt of tha code,but to initiates an investigation and potential code enforcement actions, for a subsequent hearing."(see page labeled"Addendum to Item DY1. The.Board toll the Farm during the August P heating that it was premature.for them to present evidence rebutting the claims of nuisance and ofope truing as non-a0culturat busiam. My own detailed tunes record several Supervisors confirming that they were not authorb ing code abstceatcrnt,but oWy an investigation to provide background Photo for ra futum deaJoiam * Supervisor Canciamilla told the Farrrs that theft presentation that day would not make a diff6rence since the Board was not m d4ng a decision to abate,but only to begin the inveeestigation, he specifically stated that he needed the investigation because hes slid not want to proceed basted only on the two-pasts staff report. * Tn response to a complaint that the Board already bead made up its mind, Suptwisor Uilkcma stated that their mind was made up only to allow the investigation and collect facts, to the n use in making a decision. Supervisor take tba:'promisesd that the Board would be fair and look at an the information collected by staff and preeseentod by the Fan and others before deciding what action to take. The Board speci fically veld to delete proposed Finding No. h (that the Business could not quality as"wader turalty related")pending completion of the investigation and a hearing. Against this background,your office sent inspectors to the Farr property. However,they never asirrrd 1hr inibrmation regarding the history of use. I am informed that the inspections ignored Mr.Fmr's 41ricultural-related mental work and only sought evidence nce of non-agricultural activities. For example, the ffispector took photographs of some Items but ignored and showed no intemst in two agricultural pmjeets underway at the timer making repairs for neighbors on a cattle gate and a log splitter. This suggests that your office has not followed the Board's dirwdon to investigate and report baulk on actual nuisance and history of use. Lagar. the Fam suddenly received a"NOTICB TO COMPLY"from Philip Ludolph of your office dated December 15, 1999,declaring ch9 they had only 10 days to relocate the business and threatening several enforcement measures including court action(ace attached). Mr.Ludolph next sent the Faris a letter dated January 10,2004 informing therm drat et"Notice of Violation"W been recorded against title to their property,and thrmeening legal Action artless they ccunplieed within 30 days toot attached). Neither letter mentioned the need for confirmation FEB. -07' 00(MON) 12, 18 NORRIS & NORRIS W. C. TEL: 19259343665 P. 004 Mo.lbtickie Peep,Chief Noighborhood Presearration Program Property Conservation Division Fes weary 7, 2000 Page 3 by the Board of Supety ; s,or advised the Parnas regarding their legal opportunities to appeal them decisions. The reason cited for this a tWree ent action was simply that metal fabrication was not listed as a permitted use in the A-4 zone—a fhet that all parties acknowledged during the Board hearing last Auguetl Furthermore,your of a did not ever send the Fares a copy of the hiatus of Violation that was recorded,so they could not we exactly what encumbrance had been placed on their property. On or about January 20h,you told Charles Farr that the investigation report was not yet complete and could not be provided to him. In fact,an January 27`h Philip Ludulph of your oftei informed me that you were still waiting for the Community Development,Deparunent to provide sorno missing irtfor»ta tion(a Acct wlOoh A+lkJwl Silva of your office confirmed on February 2'�- We qumbon how your office rauld haws udwn the actions it did(such as ming an encmrthnince to title)with on unfinished investigation report,no report back to the Board of Supeavimrss,and no chance for the Parma to challenge your enforcernernt efforts. The County Code's provisions regarding code enforcement do not authorize any of the procedures followed by your office. Section 92-2.006 states that"on order of the board of supervisors,the district attorney lobuli commenco an action"for abatement of a violation of the Zoning Code. Article 14-6.4 describes an altectza►tive ptrocadtue far abating dectaucc+ed public m isancea, aM ape iilles s Aum of notice including appeal rights. it is clear*,at your oftir~e isnot following either Section 62.-2.406 or Article 114-6.4. I Wund no authorization for you to demand cozMll4ace in trap 4sys without any appeal process, and than to encttnbe:r title to property based only on wi incomplete intenW investigation and without any I have obuinW a three-psge document from your office entitled"Procedures for Cade Enforcement Investjgadons—Building ad Zoning Violations."' Nothing in these procedures mention recording a Notice of Violation. In this regard,I had also requested a ropy of the "Attacbments"reforeaced in the Procedures,which among other-things supposedly specify the citation,yawl action and abatement procedures to be followed. However, T received a letter idem Mr.l`a4alph dated lr ebruary 2rd which sstdicatesi that he cannot honor my request for spies of then Attachments because,"rhe County is still waiting on an internal determination on this matt .' Either theses opftldins procedures are officially sancdon ad—in wbicb caste the supporting documents mast be readily available to rho public—or your a ea has been carrying out its code enforcement nt activities(hrchAng recording Notiew of Vialatiors)without autlunitttion. Thus I ropest my request far proof that the proce dam employed against this Farm have becti,formally approved by the Board and by County Counsel. FRB. AT 00(MON) 12: 18 NORRIS & NORRIS W. C. TEL: 19259343665 P. 005 Ms. Mickie Pam,Chief Neighborhood Fresettvation Frogrwn Property Conservation Division February 7, 2000 Page 4 Recording a"Notice of Violation"suggosts fliers has been a final detoymination of wm%Sd*ing--which hes not yet occurred in this case. At a caiuninacuaa.such at erotica should states that the violaficn is only alloge d mid has not yet been finally 4eaterminerd by this Board of Supervisors. This mordino has created a substantial burden on the Fare's prop tAy titles,with potentially serious consequences(e.g., third party negative reactions,roatriations on financing). In order to follow the Boar4's directions fbr this casts and to curo the 4ef+eots in your office's proceedings to date.we expect the County to take the following actions at once: I. Rinnovea the recorded Notice of Violation and provitle proof that title has been cleaned of this encumb e. (On February a Mr.Michael Silva, Senior Building Inspector, infrnne d me that in response to my telephone+wits on this point,the recorded notice was being cleared. On February Yd I received Mr. Ludolph'et letter forwarding both the first recorded Notice of Violation and$rawer"Notice of Violation Clowned"recorded on February tm.) 2. Provide it cary of the inveatigaticm report enTapiled by your office that served as the basis fbr your actions to date,togedw with the supplemental inkmmation when received from tate Community Development Department. 3. Arrange a hearing botue the Hoard of StTervisors to consider the results of your investigation—assuming your office is ready W report on historical use and actual operational impacts on neighbors,as the Board directed on August.) 4. Cease all furthar coder onforcc meat actions against the Farrs,pending direction frcim ft BeKw4 following its public treating. fn order to protect the Funs' rights we itna compelled to file an administrative appeal to the Board of Supervisors, challenging the actions of your office. This is necessary in light of both Mr. L udolph's January 1 O'h letter suiting a 30-day deadline to comply or face further onfor+canent. and County Code §14-4.004 which requires an appeal to be filed within 30 days of the staff action at issue. This letter will be part of'the appeal filed by the Farrs. We regret having to file the appeal. It has leen required because of your office's faitureA to follow the:Bond's direction and instead to pumo pmmature code onforawneent ems. We mcpect the County to reftad the$125 fee that must eccornpany the ru3tapainistra►tiva appeal, We also do not expect your office to charge the Farrar any fires or fares related to your mistadreri code enforcement activity. FEB. -07' 00(MON) 12:19 NORRIS & NORRIS W. G. TEL:19259343665 P. 006 Ms. Mickia Fara, Chief 'Neighborhood Pmscrvation Program Property Conservation Division February 7, 2000 Page S Copies of all correspondence or other materials seat to Mr. &Mrs.Fair by your office or received by your office regatrding this matter should be sent to me. Very truly yours, 5 44— NORRTS &N'ORP'TS, P.C. By Edward L. Shaffer ILLS. enol. cc. (via facsimile only) Board of Supervisors cls Clark of the Board Supervisor Donna Gerber Victor Wesum.f*.,County Counsel Dennis Barry,Director of Community Development Robert Drake, Senior Planner Philip Ludolph,Building Yngmtor! Carlos Baltodano,Director ofBuUding Inaction Mar. &Mrs. Farr p.s. Please note*a the-Notice of Violation" form refers to the"S IW'am code for reaching your office, while the"Notice of Violation Cleared"form has no arca.code. FEB. -07' 010(MON) 12: 19 NORRI S & NORRI S t C. TEI,: 19259343665 P. 007 q1;0 Contra Costa D!el Z2 01. BARRY, *%XCV tSlAeffi" OR OF COMMMITY TrRYRWI"vw PAM July 20, 1 400 AI amm?a aspowt an watai robvMiaation shop operation at #&sm >aerl,l.iasar canym go" tMa Met At AMMMM aarsa, (C.U. Parr) (0ou gty stwimq Investigation Vile 9" 990410) (J191M X�d9-030-t��D) 8i)ICT71 c>a ,x1 its) i >►ao sTxsxCa Adopt a rrsotions 1. tindirva Choc recent orlanges to tAs use of the tMMrstal shop ac the aubjec t Bit* prealucss a finding that the use is a agri.cul.turzally related. 2. Direct the Director of Building inspection to initiate appropri.sta investigation a" pot atatial code enforcement 4oti.ans pertaining to the motel whop operation including causing i to operation to *ease and desist. None. Thig report concerns a longstanding land use dioputte concerning a metal aMhop operation in the Hollinger Canyon *ran. j� � � T"ON ATTAro �� Ylel 'i'LtiMtA�� s Ci"F Sam l" _ Ytsp SOMM C#1eYiZ RZeIA1tLT�ii�8) e !3t! IM 099 THS ATTACHID ADDONDUU 70% AOARP ACTION V(VM of "v1 Mw*x R)L_, t3UtI OMD i"#XKT '.IrRC>7R IIMD ea"SCT COVY aw M AYR>i y - Xmas aftum fi i' Am =T=m aw Tun ll)iRX'e A"TAl►e XTRUT 0 0V M Rip OF R 9N )# am TUR "TX gnaw. acwtact, Rab Vr"e J(928) 933 -12141 arias CoIlmnity DevelopMent Ofturtfisent 1►T�91~1t11 -„',��MCM�� �__ I�:� CC r Rdwar4 Nh*ftesr, Morris A Xorr1a 9)[ll+ BhWCEZZ-011,. CURZ or Charles i Lorrains, Warr scam OR 1MPUBVIND t9 Michael .7. Mearbolic R 1I9T' l!'Oit Iaut1ding Inopee t4onCounty Caunsel aim 4kol—, 019PM pept. a+\wQ4*clfsrr.bcr RP\ PES. -07' 00(MON) 12: 19 NORRIS & NORRIS W. O. TEL.19259343665 P. 008 �parC aer �='L' efe.taKl �x�Caa�Cioa Bias seen AawM!`Aeil23agW a"yens area The origins of the dispute atom from it complaint which was Mhcatered with the County Concerning a metal shop operation which besets evt4bl.ipfts4 an it property owned by Clsarlerp and Lorraine Darr that is zoned Agriaultural Preaarues (A-41 . M that timas, the County advised the Farre that they rsearded to eliminate tha operation, or Could try to lesgalize it by obtaining an appropriate land use permit under .fes®7a..�itil4 �a theinning, ipa by =4 k In 1996, the Farra filed an applicraticn, for a land use permit (File #21.44-86) to Cry to 40991496 00 U20 sea a h*#* OCCexP*ticns. The matter was heard initially by the Zoning Administrator who denied trisapplication. That deeialon was a.ppealed by the Werra to the Ban Ramga Valley Regional Planning Chftrdavion who reversaid the zoning Administrator's decision, granted the appeal, and aonditiopally approved the project. The neighbor appealed that decision to the Board of Eupesrvieara. On Movember 3, 3.987, rho Heard granted the neigrhbor's appaatl and denied the land use permit application. At the game time, that board di.recred the Community Dsve l nr Director and County Counsel to determine whether changes should be made in zoning and land uses psrmit:tiru3 to allow agriculturally relaeeed Land uses.. Thee Board also ordered that staff delay entorcoment of the lazed use Permit datnial pandiang the rettultet of the evaluation. In response to a pubo enc staff report on the utter, on December 10, k969, the Bosrd of 9upervisars directed staff to dater raevlow of the zoning changes or enforcement faction pending review of the proposed general plan review than underway. 1449 Add r.1TM Of Gw'DAZAX M.AU ilVA 221st Cott t ca a= In 1991, the Board of supervisors adopted ars ,update to the county Cenral Plan. Among the policies adapt ina in the plan is conservation dissent ZplialeMantation Hessiuge #®--aa pertaining to provision of agrioul rurally related busineanse in areas designated for agricultural. use. 14�Ci_ 1'rsvwl �a iftf a T. nd Una p.Jt=jr. 10lik eti;P4620241 Kia A1.i&M Eiwr d 4134 'e�h i rd Rase i rfan�ao In 1996, the 'Farre, applied to th* Coattsty Co obtain a land use permit to allow the establishment of a second and third residence an the subject prMarty (Pile #"962020) . After conducting a clearing on tha application, ties Zoning Administrator conditionally +tpprc�d the aapialircation subject to conditions. so appeal sae (clad an the decision, so 1.t became final. The projpct: was cssndi.tionad to require eche applicant to follow the appropriate procedures far trlrIY4 to legralizo than mttal fabrication 3.p once agricultural xoning was modified to comply with the above de9snribe4 Conservation Fla went pollujo a (C OA #S) . The land use permit was ec adittoned CO 411OW for a period of five years (until October 1.7, 30011 in rtlnt*h to exercise the land use permit. To date, the applicant has made no effort to exercipa this land uses permit .2- FEB. -07' 00(MON) 12:20 NORRIS & NORRIS I C. TEL. 19259343665 P. 009 ffawrt ars fire WOW a WWkaetiaa acro# Massa 1CammlAcUlasse ciwyaa area 1997 AW'p'=Aj afit Thrr t9t113LtiYi�{�ri cauaae ���"�� In 1997, the Hoard of Supervisors beard Ari appeal of echo County Planning commission approval of a minor subdivision application processed by the Fas. TU& comsaiaaslann had conditionally approved the a,pplJoation. The ameal toad bear filed by another neighbor of tus Panora, the warhol The Warbolics had expressed concern about the continued operation of the metal fabrication sharp. After taking testimony, ,`.xae Board voted von aieanay the appeal and sustains the commiasiow as appsraval but required that the applicant olimivac.e the metal fabrication use prior to occupancy of a residence on either at the two now parcels which were tentatively approved tCOA #36f . The applicant has not yet 4tteaaPtsd to file a parcel swap. The filing period an the tentative may currently extends cc September 7, 2000. and may be extended by the Cotmty up to S audditicae%al years upon receipt of a request fron the applicant. Rae a neparate matter, Supervisor Berber, in w+pons district this district the property lies, indicated cc the two parties, the Farrs and Warholice, that she wished to sreviow sb* matter again in September of the year 2000. alas jUna 24, 1999, County &Left met with 14r. Waarholics who expressed concern about Moves intensive aactiviry` *0000i.ated with the taa$taal faabricatiLon shop. as indicated that the operation was resulting in fomos and noise and traffic levels that were disrrrpti toh3a vase of his property. die provided sudlo/viauaal and dt or evidence and othrar documentation that persuaded staff that thea current operaccion sof they moral taabrication shop could not equality as as business that; is agriculturally related. nraCUOSTON The General plan designates this nits Agricultural Lands. The 1997 action of the Boasrd to defer cod* onforciament an the metal fabrication swap was promised an the applicant being atle ton damonstratet at as lacaear date that the operation mould be found consistent with now pasll ins al.lo3wing far agriculturally-related businesses. However. based ca r4 ant evtdsace provided by the neighbor, it Is clear that the current use in largely industrial in character. It is also apparent that saws-agricultusrsl uase are a major beneficiary of the pn:caduota from the operation. There is no further purpose to be served in waiting for ct=*14eratlon of zoning ;i alficaatiogs for agricultural businesses ro potentially &ccaesasaaadata this activity. Xn ms:4ft's opinion, tine asaxreat metal fabrication activitycannot be found consistent with the nasty general plan policies. Staff can see no justification to allow existing nuisance conditions to continue.. Accordinngly, the County should initiate aappr apria-s.ea tAvustigmtioll and code enforcement. -3- FEB. -07" 00(MON) 12.21 NORRIS & NORRIS N. C. TEL, 14259343665 P. 010 ADDENDUM TO ITEM U.3 August 3,!X99►Aganda u y l orAminaffial t o use a F s Meta Fabricateao Situp at 18311 Bollinpw Canyon Raul in tits San Ramon arca precludes a finding that the ews ie egdeullur'ally related;and consideration of dhvuuT*tt'Building Impaction Department nimixor to iretrr►ediawty invc862*e now Initiate code wsrnfor+ctmeat seskms. Dennis Barry presented she staff rgxut and recommendations. The Ba4r4 discussed the manar.view Warman.County counsel advised the Board that the recommand4tion was not Rsr antomema nt of the cams but to initiate an investiandon and potentiski We enibraemernt actions.for a s bse"ettt beating. k'tblic comment was opened.and the Fallowing peaplr presented tvAltnawr, Miwsitnal Warholic, 18333 SaiHnger Carryon Road,Saxe Ralttaet; IRdwwd Shaftbr,Esq..Norris&Narris, 1850 Mt.Diablo Blvd.,#S30,Wtrinut crook; Mike Parr.1 a311 Bollinger Canyon Rt►sd,San?batmen; Lmf learn. 111311 paklhq wdr Canyon Rory},Sw Ramon; Jim Farr.P.O.Box 2167.Marti nee; l..isa Farr,1505 Down Court.San Ranson; James Stuart.18473 SoiHnger Canyon Road,Sot Rennes; Mitts It Arallm.2688 Carly P'aore,$an Ramon: Ivan Arslips.3689 Cowtty['lace.Satz Rte, Nam MaKinale,575 Cietwon4 Swaet.Qdd uW; Mark Chewnhnl.2462 Nords Canyon Rod,Rego Steal supply,Son Ramon; Larry Zaharis.18770 Hollinger Canyon Road,Sart Ramon, WOW Rains, 14675 Wilmer Raw.Beat Ronan. Kathy Rains, 18875 RollinIM Canyon Road.Son Ramon, Tilts fol lowing people did tet appear to speak,however the Chair read their names Into the mord: 'Bobbie Z.aharls Chownin8.2462 Norris+Cat w m Rand,San Ramon: Psui Srssher,4050 Alhaa lrot Valley Roo.lWartitnea; Mille Sroster.+4950 Alhambra Valley Road.Msstimz: Karian Mueller, a 847713alling n Canyan Roa4,San Raman; Dianne Davis.1008 Palisade tkive,Monis nxi Rarbara Karl. 18355 Hollinger Canyon Road,San Itarnon; Kathryn Stewart.18475 SolNt er Canyon Road.San Ramon; Raftlil Prather,111335 Soliingw Canyon RoW.San Ramon; Terri Kovsk, 18722 Sollinller Carryon Asa&San Ramon Pahl Munllar.18477 Rallinger Canyworn Roeet.San Raman All those dashing to speak;having been heard.the Board discuasnd the Islam. Sttptarviscr t 0dw ttnovetk ion delete staftr'a Rmommandation No.I;anti to adopt atafra Rwomrt ndation 144.2 to ittvelttgatta the allegtttianai and she oncouraftdd everyone to Woperxts with the invexrtigntion. Suparvisar Uilltente aacQttded the 10011011,and roquastr4 that It lttatrule s request dwttMark Chewing, PAwl Slosl Supply.provide K&ITwith his krmwled3pe ofprajocts rabricwAd at the subtjea alta,. Supervisor Oerbber a8reed. The Onarwd took the t'alkrwing action- IT ction:I T 1S BY THE BOARD CIRD111t=dau stars Riwarommoe ndation No. ! is 13F. RTED;and stall's Recommendation No.2.11 APPRf)WA and the Building lel peolitm Cha htoent Dimers,es D1R.RC'k'zn to initiate ate action;grad Mark Chewning,ReR+tl areal Supply,is REQUESTED to provide tttafY'wfth his knowledge orprojec"bbribaleal at the subject shop. FEB. -07' 00(MON) 12:22 NORRIS & NORRIS W. C. TEL:19259343665 P. 011 Building In> ctlan Dep rtmen# ontra t8t "NxfQal Costa esi ft"start„�� County &a , cam st ,� PCD ttm =o NPP tam 93&If." � Fc test sM-"W Dc comber 15, 1999 Charters M. &Lorraine P. Farr 18311 Ballinger C rayon Rd. San Ramon,CA 94583 SITE: 18311 Ballinger Canyon Rd.,S4n Raman APN, 199-030-440 kEP: RF990410 NOTICE TO COMPLY You are hereby notified this department has observed your property at the above location and deterrcnined it is apparently in violation of the Contra Costa County Zoning or Building Ordinance Code for the ibilowingg reawWs: Via Roadoon ad t'm a O dinou Code Section 1. Business(Metal Fabrk Wm Shop)use condition within an A4 zone that is not listed under Sm. 8x42.404(1)or(2)of tate CCC Ord codes. You are hereby notified to clear the above violations. Camfixg Actie►n Relocate Metal Fabrication business. An investigation has begun and c ompliance:is required to coarct the above violations. Pennits or kmil use cempliwe may bei required. A+ccs ardbree ment fee shall be charged equal to two times the amount of all pam2it fees. Zoning violation clearances requires a minimm of a S 100.00 fee. A fares of$25.00 per trip will be charged until compliance is .coat. Thea fees arc additive to the building p itizaring Vis. Failure to comply with this notice within 10 drays mall carne this office to take one or more of the FEB. -07` 00(MON) 12:23 NORMS & NORMS W. O. TEL: 19259343665 P. 012 following action/s: lUeord ',reties of Violation" on property records. Rotor to Covisty Cauosslf0ty Attorney for I&W aeon..court appearance. Una ati CMdoo M Court appearance,penarkfes and tines. Noft the Franchise Tax Board(tit rental traits declared substandard). Obtain aabarteawt order_All costs plus administrative foes bliteirl to owner. I may be rcacW st(925)3356-1142 any *&y berw sen 7:30 mW 10:00 ten. Our offices,aro+closed tete AM third and fifth Fridays of every month. ip t.rudolph Building bnspexw I PALW%4 CC: I3ob Draim,Sr.Planner COMM C3ityDC"k piYMt FEB. -07',OQ(MON) 12:24 NORRIS & NORRIS 1V. C. TEL: 19259343665 P. 013 Widing I nspectlon Department ; t�`t'� Baa Pam mocsso GWWfo ftpc*m � � Gaeta ##mW*X"*lc" IMNIM 1 "M County SUMIL ft f%W r , ct 3152 POD (9m WS-1111 r . NPP (05) 3W.1137 . FAX (+6) $444460 January 10,200 Charles M.A Lorraine P. €4Tr 18311 Bollinpr Canyon Rd. San Radon,CA.3145$3 SrM. 18311 Dellinger Canyon ltd..Sart Ra+tion APM. 19"30-t,14tf RBF: X10 Dew Propetty own".. This lotto r is to serve as notiftcotton that a mwixice of Vlolatim"has been recorded sgaittst do above listed property resarcliar. 1. Business(llW Faltrlratka Shop)ase candidata w#tWn an A-4 arm that is scat lid ander aw. li4- 43.64(1)*(3)of tbe CC Cord.Code An Imestigation has begun Aced slmW be claryed as tallows:the cost alatll be ectad to met timet dw atter of all t faro with a r**mpn+haW of 5100.00. Whue a peat viva aro required beft'tat the ow=c onViles,a nnuspecenm lea of SU-00 per trip 44 be a msaed. Once caoergtliaatce mpr tag the pr+o)tarcy vmktk%K*j hm bow achieved and the tort of the hat wen paid, a Notice of Viio mmo Clcmred trey be raleamW This mm be filed at the CmM datum*Mee,ttt%a Wapeztj+ownen ffspeam Failure to cnav#y within 30 days shall entree this Offm to Jaber one or aim of the Jbikmoing sctic Ws. Aster to Cou*y Copussll by Attorooy for W#M Wks-amrt appoeu"+anse, Obtain abot+rsaaat ardor-All tests pias*draiatWttd"(m Mod to owner. For fttrdw lnf'o!ttrnttiott,You ttatY ce tttaat=at L925JUA:I It&ley through Frufty llrc n 7:30 to 10:00 am no Stsilriitatt Itcsprrrm Dapartntettt is ciaded every fust,third atwd 9ft Friday orrice yuoudL surety, -44, Building b tar I pry