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TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP ,o Costa
COMMUNITY DEVELOPMENT DIRECTOR ��` '__�..:: County
r, co
DATE: MARCH 20, 2001
SUBJECT: HEARING OF AN APPEAL FILED BY MICHAEL BAUMAN, OF THE PLANNING
COMMISSION' DECISION TO UPHOLD THE ZONING ADMINISTRATOR'S DECISION
TO REVOKE ADM IN STRATIVE PERMIT#N R950020 FOR A CONTRACTOR YARD.
THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF
BROOKSIDE DRIVE AND THIRD STREET(115 BROOKSIDE DRIVE) IN THE NORTH
RICHMOND AREA.`(H-1)(CT 3650.02)(PARCEL 409-202-004).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Option #1
ACCEPT the staff report stating that circumstances have changed since the County Planning
Commission's decision.
CONTINUE the public hearing to June 12, 2001, to allow staff to continue to work with Mr.
Bauman to gain compliance of the conditions of approval.
CONTINUED ON ATTACHMENT: X YES SIGNATURE / l
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI EE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 20, 2001 APPROVED AS RECOMMENDED OTHER XX
The Board took the following action: Continued hearing to June 12, 2001 at 11:00 a.m.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
XX UNANIMOUS(ABSENT CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Maureen Toms,Community Development-335-1250 ATTESTED March 20, 2001
JOHN SWEETEN, CLERK OF THE BOARD OF
cc: Public Works Department-H. Ballenger SUPERVISORS AND COUNTY ADMININISTRATOR
Redevelopment Agency-B.Lee
Building Inspection Department-m. M.Silva
Health Services Department-K.Stuart
District Attorney's Office-J. Sepulveda B , DEPUTY
March 20, 2001
Board of Supervisors
File#NR950020/P1018
Page 2
Option #2
1. ACCEPT the recommendation of the County Planning Commission to revoke the
Administrative Use Permit for the Contractor Yard, based on the applicant's response to
concerns expressed by the Planning Commission and Board of Supervisors.
2. DENY the appeal filed by Michael Bauman.
FISCAL IMPACT
Costs incurred by this staff-initiated revocation are covered by the Redevelopment Agency.
BACKGROUND
Administrative Use Permit#NR950020/P1018 was issued on August 24, 1995, subject
to Conditions of Approval. Staff notified the applicant via a letter sent on December 12,
1996, that the project was in violation of the Conditions of Approval of the permit. The
applicant was notified on October 28, 1997, via certified mail, of the continued violation
of the conditions of the permit and the scheduling of a revocation hearing.
Due to continued non-compliance of the Conditions of Approval, the Zoning
Administrator revoked-the use permit for the contractor yard on June 26, 2000. The
Zoning Administrator's decision to revoke the use permit was appealed to the Planning
Commission. On August 8, 2000, the Planning Commission upheld the decision of the
Zoning Administrator. The Planning Commission's decision was appealed to the Board
of Supervisors.
The Board considered the appeal on December 5, 2000 and February 13, 2001. Based
on the significant progress made since August 2000, staff recommended continuance.
At the last Board hearing, staff reported that the sewer hook-up was completed, but the
septic tank had not been abandoned according to the requirements of the Health
Department. In addition, staff reported the storage of construction materials in the front
parking lot of the contractor yard and access from the Third Street gate an addition to
the Brookside Drive gate, contrary to the conditions of approval.
The applicant has advised staff that they anticipate completing the septic tank
abandonment the week of March 12, 2001. In addition, staff is reviewing an
administrative use permit application for contractor yard on an adjacent site. If the
r
' f March 20, 2001
Board of Supervisors
File#NR950020/P1018
Page 3
contractor yard is approved, it would accommodate the materials currently stored at the
front corner of the site. The stored materials at the front corner could then be moved
and the access from Third Street can be closed off again.
Revised improvement plans for Third Street and Brookside Drive frontages were
submitted to the Public Works Department on February 12, 2001. The Public Works
Department completed the review of the revised plans and is working with the
applicant's engineer on additional plan revisions requested by the Public Works
Department. It is expected that the revisions would be made and resubmitted within two
weeks.
V. CONCLUSION:
Staff has offered two options for consideration. Although compliance of the recent
violations of the conditions of approval was expected to occur in a timelier manner, the
applicant is working with staff toward a solution. Full compliance of the conditions of
approval, which includes the construction of road improvements, is expected to take
several more months. Therefore, staff recommends Option #1 of the recommendation,
which includes continuing the hearing to June 12, 2001.
U:\MAT\North Richmond\BAUMAN BOARD ORDER-A 3-20.doc