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Home My WebLink AboutMINUTES - 06172003 - D5 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT . 651 fine Street, N. mng P Floor Martinez,!CA 94553 Telephone: 646-2300 Fax: 646-1.219 DATE � August 28, 2003 2003 TO John Gioia, Supervisor District I ,. ,` Gayle Uilketna, Supervisor District I1 OS a rs s Millie Greenberg, Supervisor DistrictIII "` Mark De Saulnier, Supervisor District IV Federal Glover, Supervisor District U FROM Carlos Baltodano Director SUBJECT Status deport on Salisbury Island The County Administrator, John 'Sweeten, wanted our department to provide`you with a status report on the abatement of Salisbury Island. On June 17, 2043, the Board of Supervisors denied the>appeal of the property owners and affirmed'the County'Abatement Officer's determination of the violations on Salisbury Island. The Abatement Officer was directed to remove and dispose of every'residence, trailer,'shed, dock, access structure and mooring on Salisbury Island within 60 days. Notice of the final decision by the Board was mailed to the residents on June 30 2003, thereby, providing the residents'until August 29, 2043 to remove their structures. The .Building Inspection Departs rit was also authorized to work with residents that wished to retrieve and remove their structures during this time. Between June 17 and August 28 County staff`worked to help facilitate voluntary compliance with the abatement order by the Salisbury 'Island Membership (S.I.M.) group as well as individual islanders. On July 24, 2043, Mike Silva, Chief of the Property Conservation Division and I met with representatives of the Salisbury Island Corporation and their legal counsel. The corporation proposed a.detailed plan to remove trailers and homes from the island. The proposal included removing up to twelve structures to three sites in Rio Vista in San Joaquin County until the structures would be sold. Based on these commitments from the Corporation to take responsibility for the removal of the structures, it was agreed to provide the Salisbury Corporation with the name of the asbestos consultant who had been the low bidder for the Salisbury abatement. The Corporation also agreed to pay for the survey report (approximately $2,204). The only stipulation was that the report had to be made available to the Count ' Abatement Officer. Due to discussions with the S.I.M. Corporation the abatement process we somewhat delayed. The asbestos survey was performed on August 1, 2003, with two S.I.M. members assisting the asbestos consultant. The Property Conservation Division sent a Building Inspector as an observer of this process and to verify;that all structures were sampled. The Salisbury Island Board had sent out a letter to the membership to advise of the mandatory asbestos survey. Even SO, several residents objected to having their dwellings entered for sampling. A member of the S.I.M. Corporation took responsibility to let the asbestos consultant into all the buildings. Mr. and Mrs. Montgomery, who have a residence on the island and have broken away from the S.I.M. group, claim that the county should not have entered their cabin. However, on July 31, 2003,,Mr. Montgomery had a conversation with Mike Silva, Chief, Property Conservation. Division, wherein Mr. Montgomery granted permissionto the county to enter their cabin. Martin Lysons the attorney for the S.I.M. group, also confirmed the legal access to the properties in a conversation with Mike Silva and me. On August 13, 2003,the county was served`with a lawsuit filed by Salisbury Island, Inc. On August 22, 2003, the current S.I.M. attorney, Charles Bronitsky, sent the asbestos report to the county. With the asbestos report in the county's possession, the abatement bid packages were sent out to demolition contractors that afternoon. The bid deadline is September 8 2003, in the East County Building Inspection office. A closed session with the Board on the lawsuit is scheduled for September 9, 2003. After review of the bids, the Department intends to go before the Board on September 16, 2003 and seek authorization to enter into a contract for abatement. cc: John Sweeten Silvana Marchesi Tom Gegen Clerk of the Board LR:CB:cc s:admin-bi.Saf isbury.island.statns Building Inspection t3n` i`a cantos Beitodarto Department Director of Building Inspection County Administration Building � �651 Pine Street,3rd Floor, North wing Martinez, California 94553-1295 (925) 646-410$ FAX (925)646-1219 , August 13, 2003 Dick and Nancy Montgomery 15781 Adams Ridge; Los Gatos CA 95033 Subject: Salisbury Island Property Dear Dick &Nancy Montgomery: This correspondence is in regard to your letters dated June 20, August 4 and August 6, 2003. As-you are aware, the Board of Supervisors, on June 17, 2003, directed the County Abatement Officer to proceed with the abatement and to complete the project within sixty days. Enclosed for your information is the first page of the Board'Order dated'June 17, 2003 and the attached Addendum of the Board of Supervisors action. Please take special note of the Addendum, second to the last paragraph beginning with the word "DIRECTED". As As law provides, thirty calendar days was granted from the date of the mailing of the Board's decision to appeal the decision to a court of'law. This period of time expired without a legal appeal being presented to the County under Ordinance 14-6, therefore the County Abatement Officer has taken the necessary steps to abate the nuisance. As part of the process to perform the abatement, the County has requested and reviewed bids to take samples for asbestos. Arrangements were made with the Salisbury Island Board of Directors (S.I.M.) to organize the asbestos testing. On July 31, 2003, Mr. Montgomery had a conversation with Mr. Mike Silva, Chief, Property Conservation Division, wherein Mr. Montgomery granted permission to enter your building for the purpose of obtaining asbestos samples. Mr. Martin Lysons (S.I.M. attorney) confirmed the legal access to the properties in a conversation with me and Mr. Mike ,Silva. We realize now that you subsequently called Mr. 'Lysons the day before the testing and withdrew your agreement. We were not aware' of this development on the day of the testing. As I have explained to you,, a member of the S.I.M. Corporation took responsibility to let the asbestus contractor into all the buildings. Any issue of breakage or passible problems with the entry should be addressed to S.I.M. r 2 As it relates to your claim of purchase, a title search indicates that S.I.M. (a corporation) are the owners of record without a divided interest in the ownership of Salisbury Island. As we have discussed on several occasions, the fact that you may have been paying taxes to the Assessor for a number of years does not necessarily mean that your,property claim is valid. We have discussed this issue with the Assessor, and he has indicated that;his office has the responsibility to collect taxes on behalf of the County, however, the receipt of tax payments does not certify that the°property/structure has met County ordinances and approvals. Regarding the comments made in your correspondence, Dennis Barry, Director of Community Development, instructed you that the documents supplied did not have Community Development's approval. It is my understanding that the applications were denied by Community Development based on the inability to document yourself as an. authorized agent for the S.I.M. Corporation. Additionally, you were referred to the Environmental Health Department to address your waste and water 'systems, neither of which meet basic health requirements. Mr. Ken Stewart, Director of Environmental' Health, has indicated that the health risks on the property have not been properly addressed by you or S.I.M. You expressed concern'regarding the hearing of June 17, 2003, where you were provided 3 minutes to make an initial presentation, while the attorney for Salisbury Island was provided 5 minutes. Groups or organizations' representing a number'of people are typically provided 5 minutes to address the Board, while individuals are allowed 3 minutes. This is the standard'procedure used by the County in such hearings. It is also standard procedure for staff to provide a report to the Board'that may take longer than 5 or 10'minutes. Since the Board of Supervisors has directed the Building' Inspection Department to complete the abatement within 60 days, it is the intent of this department to follow the instructions of the Board. Cance the demolition has begun, all items within the scope of the abatement remaining on or about the island will be destroyed and/or removed. As we have previously discussed, all items,you wish to keep should be removed from the island. If you need any assistance in this endeavor, give me a call to see how we may be able to assist you. If you have any further questions regarding any of the above, please feel free to contact me at(925)335-1108: Sincerely, Carlos Baltodano Director Enclosure cc: Members,Board of Supervisors Clerk of the Board John sweeten,County Administrator Dennis M.Barry Mike Silva Martin'Lysons TO BOARD{Ur' v JPERVISORS Contra t PROM CARLOS BALTODANO '� '° Costa DIRECTOR, BUILDING INSPECTION Wpuntv DATE; June 17, 2403 • SUBJECT: APPEAL OF ABATEMENT ACTION AT: A';parcel of land known as Salisbury Island,east of Caney Island, In Old Ryer, Byron area APN: 001-111-021 OWNER: Salisbury Island, a California Mutual Benefit Non-Profit Cts ratlon z7a"Co tc RECUM(S)OR`RECOiti+MUNDAMON(S)a BACKGROUND AW JUSTIFICAMN RECOMMENDATIONS 1. OPEN the hearing on the appeal of Salisbury Island, Inc, and its shareholders/members of the March 19, 2003 Notice and Order to Abate a public nu sauce and the March 31, 2003 Notice and Order to Abate a public nuisance; RECEIVE testimony; and CLOSE the hearing. . AFFIRM the determination of the county abatement officer that all structures posted,with the Notice and Order to Abate dated March 19,2003 and all sttuctures posted with the Notice and Order to Abate dated Manch 31, 2€03 are public nuisances in violation of the County Ordinance-Code. 3. WRECT the county abatement officer to abate the public nuisances by removing and disposing of every structure on Salisbury Island that was posted with a Notice and Order to Abate, including all posted sheds,all posted trailers,all posted docks, all posted moorings and all posted access structures. i 3Ntr ti flN AT7'ACHtYJfEN'f: tte: SIGNATURN t�MU&MY)ON OF courant AUM"STRATOR,„„_•,fWCOMM Y1001 OF BOARD COMOMIO T _APPROVE ,�OTHER ACTS/OF BOARD ON APP=110,0MfYtORD __:M= X **%e attadbod add=&= fDr Boazd'a ** VOTE OF SUPERMSOR3 I HEREBY CERTWY THAT THIS LS A TRUE uUmmous IA$SW Je. .. _J AND 0ORRECT 0OPY O AN ACTM TAKE AYES: Noes: : AND VASRfrb ON THE MiNu'M of THE ABM NT: ABSTAft BOARD OF SUPERVISORS ON THE DA TE �'"' tzzclw 71 Sa. VA+t * sunt. CoMMt Cirkk+sBsli a 3 t5-ift3Et ATtESTEC:, J 17�„ ,.,,�. cc: JWNrSW**Ur,0wk sof Vw or Supaviftm ow. sawav CotanryAdrtt�dr cwrty 0"" Pum Works a taut Count Cotta Fkv Protection District � X CS ADDENDUM TO ITEM D. June I7,2003 The Clerk of the Board heretofore noticed the hearing before the Board of Supervisors to consider the appeal by Salisbury Island,Inc.,and its shareholdeWmembeM(ovrne rs)of the decision of the County Abatement Officer declaring that specified structures located on Salisbury island Byron arta are a public nuisance in violation of County ordinance code. Carlos Baltodano,'building Inspection Director,took the lead in prrsenttrg the staff recommendations and describing the project. A PowerPoint presentation was pr ared showing in detail the violations that were noted by stall Other staff members providing input to the violations ware: Dennis Barry,Community Development Director,Lou Re kr,Building: Inspector,Kea Stuart,Director of Environmental Health,Rich Liedy,'Public Works Department, and Larry Hein,Contra Costa County I`=Protection District The public bearing was opened The following persons spoke: Martin Lysons,(on behalf of the Salisbury Island,Inc.)Gagen,McCoy.McMahon,& Armstrong,274 Front Street.Danville, Randal B.Bryant,REB Engineering,345 La Paha,Suite$,St,Helena; Mark Blaslrovt ch,431"Bellwood Drive,Santa Clara; ,floor a Marein,39736 Plumas Way,Fremont: Joel Steinberg,5611 S.Bernardo Avenue,#1,Sunnyvalr, Lamont Goldstein,540 Page Avenue,Los Banos; Greg Shiflett.Salisbury Island Membership,22375 Moyers.Castro Valley; Kari Morgan,Dtltalcttpesr.3536 Rainier Avenue.Stockton; Eleanor Alford,(Appellant)4€,60 Hall Court,Pleasanter; Glen Cox,(Appellant)529 Rachelle Street,Livermore; Gary G.Kcr4(Appellant)4192 Holly Drive,San Jose; Larry Jacnnmrp(Appellant)23$0 Salvio Street,Concord; -Mark Armstrong,(con behalf of the Salisbury Island,Inc.)Gagen,McCoy,McMahon& Wig.279 Front Street,Danville-, Nancy Moatgomcry,(Appellant),15791 Adams Ridge,Los Gatos. Theo public hearing was closed. 'Thee Board discussed the matter and Supervisor Clover motioned to accept the staff's recommendations.`'Supervisor Gioia seconded the motion wish an amendment to authorize the Building Inspection Department to work with the residents with removal of the structures within 60 days. The Board of Supervis=took the following action: + CLOSED the public hearing; • DENIED the appeals by Salisbury Island,Inc.and its shareholder'shnembers (ownc )of the March 194 2003 Notice and Order to Abate a public nuisance and Etre March 31, 2003 Notice and Order to Abate a public nuisance; • AFFIRIVMD the determination of the County Abatement Officer that all structures posted,with the Notice and Order to Abate dated March 19,2003 and all strxichuts posted with the Notice and Order to Abaft dated ldtarch 31,2003 are public nuisances in violation of the County Ordinance Code; • DUtECf ED the County Abatement Officer to abate the public nuisances by removing and disposing of every structure on Salisbury Island that was posted with a Notice and Order to Abatis,incl»ding all posted sheets,all posted trailers,all posted'docilm all posted mooring mid all posted access's,within 60 days; a AUTHORIZE Building inspection Department to work with residents that wish to retrieve and rcmeovc their structures TO:, BOARD L )PERV'ISO'RSotra FROM: CARLOS BALTODANO ' Costa DIRECTOR, BUILDING INSPECTION ount s DATE: June 17, 2003 SUBJECT: APPEAL OF ABATEMENT ACTION AT: A parcel of land known as Salisbury Island, east of Coney Island, In Old River, Byron area APN: 001-111-021 OWNER: Salisbury Island, a'California Mutual Benefit Non-Profit Corporation SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. OPEN the hearing on the appeal of Salisbury Island, Inc. and its shareholders/members of the March 19 2003 Notice and Order to Abate a public nuisance and the March 31, 2003 Notice and Order to Abate a public nuisance; RECEIVE testimony; and CLOSE the hearing: 2. AFFIRM the determination of the county abatement officer that all structures posted, with the Notice and Order to Abate dated March 19, 2003 and all structures posted with the`'Notice and Order to Abate dated March 31 2003 are public nuisances in violation of the County Ordinance Code. 3. "DIRECT the county abatement officer to abate the public nuisances by removing and disposing of every structure on Salisbury Island that was posted with a>>Notice and Order to Abate, including all posted sheds, all posted'trailers, all posted docks, all pasted moorings and all posted access structures. CONTINUED ON ATTACHMENT: Yes SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR �kECOMME DATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED 2L_OTHER X **See attacd addendim for Board's action** VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT 1oie 1 AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE "District III Seat VACANT** SHOWN. Contact cados'Sattodano(925)335-4108 ATTESTED: JUne,1Z, 2(l() cc: John-Sweeten,clerk of the Board of Supervisors _And GauntyAdministrator cc: Building Inspection g County counsel Community Development TY Environimental Health Public"Works East Contra Costa Fire Protection District' FISCAL IMPACT A licensed abatement contractor listed with Contra Costa County for abatement work walkedthis island property on May 29, 2003 and has submitted a preliminary cost estimate of$450,000.00.This cost estimate would include testing for asbestos and special handling of friable materials, as needed during demolition of all structures on the island and all docks, moorings and dock access structures.All materials would be removed from the property by barge, off loaded onto trucks and transported to a disposal site. The listed owner will be sent a demand for payment for the abatement costs and if not paid within 45 days, the abatement officer will petition the Board of Supervisors to impose a special assessment against the property for the cost of abatement. BACKGROUNDIRFASONS FOR RECOMMEN'DATION'S A. Introduction This appeal involves 110 illegal structures on Salisbury Island, a 17-acre island located in Old River near Byron. The island is awned by Salisbury Island, Inc., a mutual benefit non- profit corporation. The island has 39 illegal residential dwellings, 29 illegal outbuildings (including outhouses, sheds and trailers), and 42 illegal docks. None of these structures have received any permits or zoning approvals from the County or any other agency. None of these structures have received a building permit, a plumbing permit, a mechanical permit, or an electrical permit.All of these residential dwellings are substandard. All of the residential dwellings are illegally obtaining their electrical supply from a single 100-am source. None of the residential dwellings have a legal water supply or sewage system.The residential structures discharge sewage directly into the ground. None of the dwellings have obtained a floodplain permit and all of the dwellings are below the minimum base flood elevation. Conventional firefighting equipment is not able to reach the island. All the structures have been declared a public nuisance and have been posted with a Notice and Order to Abate. A map with the location of Salisbury Island can be found in Attachment A. B. March 19 2003 Notice and Order to Abate On March 19, 2003, the Building Inspection Department served a Notice and Order to Abate a public nuisance on Salisbury Island, Inc. The notice was served by certified mail and pasting. The Building Inspection Department posted 39 residential dwellings and 29 outbuildings with the notice' The notice indicates numerous violations of the County Ordinance Code. 1. Violation of Ordinance Code section 82-2.000 Under section 82-2.006, no building or structure may be erected, constructed, or maintained in violation of the County Zoning Code (Divisions 82 and 84). Salisbury Island Appeal June 17,2003 Salisbury Island is located in an A-2 General Agriculture District, outside the Urban Limit Dine. The uses allowed in an A-2 District include, among other things, general farming or one single family residence and accessary structures normally auxiliary to the one residence. The 39 residential dwellings and 29 outbuildings violate the Zoning Code by being an urban use located outside the Urban Limit Line and by greatly exceeding the number of structures allowed in the A-2 District. The violations of the Zoning Code are described in more detail in AttachmentC. 2. Violation of Ordinance Cade section 74-1.002 Section 74-1.002 incorporates the California Building Code into the County Ordinance Code. The building code requires that all structures obtain a building permit before being constructed. None of the 39 residential dwellings and none of the outbuildings have obtained a building permit. 3. Violation of Ordinance Code sections 76-8.202 and 76-12.202 Section 76-12.202 incorporates the California Electric Code into the County Ordinance Code.The electrical code requires that residential dwellings obtain a permit before electrical awing is installed. None of the 39 residential dwellings have obtained an electrical permit pursuant to Ordinance``Code section 76- 8.202. All of the dwellings are in violation of the electrical code because they are obtaining their electrical supply from a single 100'-amp source'. 4. Violation of Ordinance Code section 78-3.002 Section 78-3.002 incorporates the California Plumbing Code into the County Ordinance Code. The plumbing code requires that residential dwellings obtain a permit before plumbing is installed. None of the 39 residential dwellings have obtained a plumbing permit. 5. Violation of Ordinance Code section 710-3.002 Section 710-3.002`incorporates the California Mechanical Code into the County Ordinance Code. The mechanical code requires that residential dwellings obtain a,mechanical,permit before mechanical features, such as heating,ventilating,:or cooling systems as well as chimneys and vents, are installed. None of the 39 residential dwellings have obtained-a mechanical permit. Salisbury Island Appel June 17,2003 6. Violation of Ordinance Code section 7.12-2.004 Section 712-2.004 incorporates the Uniform Housing Code into the County Ordinance Code. The Uniform Housing Code sets forth standards for determining whether a building is substandard. A building is substandardif it is not connected to a sewage disposal system, if its foundation is inadequate, if vertical supports are insufficient to carry imposed loads safely, if its roof sags, if it did not have electrical wiring installed with a permit, or if'fire protection is inadequate. All 39 residential dwellings are substandard. The Uniform Housing Code violations are described in more detail in Attachment B.The fire protection problems are discussed in more detail in Attachment D 7. Violation of Ordinance Code section 84-68.1402 Under section 84-68.1402, a mobile home or trailer may be stored- at a residence if not used for living purposes. The mobile homes and trailers on the island violate section 84-68.1402 because they are used for living purposes. C. March 31 2003 Notice and Order to Abate' On March 31, 2003, the Building Inspection Department served a Notice and Order to Abate a public nuisance on Salisbury Island Inc. The notice was served by certified mail and posting. The Building Inspection Department posted 42 docks with the notice. The notice indicates a violation of Ordinance Code section 74-1.002. Section 74-1.002 incorporates the California Building 'Code into the County Ordinance Code. The Building code requires that all structures obtain a building permit before being constructed. A dock is a structure that requires a building permit. None of the docks have obtained a building permit: D. Environmental Health Violations To comply with the Zoning Code, all structures must have legal water and sewage systems that are approved by the health officer. Each residential dwelling was constructed without an approved and permitted water supply and without an approved and permitted septic system.These are violations of Ordinance Code chapters 414-4 and 420-£.The dwellings discharge raw sewage directly into the ground. The sewage eventually enters the Delta, which serves'as a drinking water supply for thousands of people. The water supply and sewage violations are described in more detail in Attachment E. Salisbury island Appeal 4 June 17,2003 E. Floodplain Manag it Violations Under section 82-28.606 all structures must comply with the County Floodplain Management Ordinance. This ordinance requires a structure located in a flood hazard area to obtain a floodplain permit and be constructed above the minimum base flood elevation. Salisbury Island is located in a flood hazard area, but all of the structures were constructed below the minimum base flood elevation, without a flood plain permit. The floodplain issues are discussed' in a letter from the County Floodplain'Manager in Attachment F. The owner of the property has been notified of the violations through written correspondence and certified mail. As of this date, compliance has not been gained. On March 19'&March 31 2003, the Building Inspection Department declared the property a public nuisance and posted a Notice and Order to Abate under Title 1, Chapter 14-6. This appeal is being made under the provisions of this title. Based on these violations, staff sees no reason why the appeal should be granted, or the proposed abatement delayed. Salisbury'Island Appeal 5 June 17,2003 ADDENDUM TO ITEM D.5 June 17, 2003 The Clerk of the Board heretofore noticed the hearing before the Board of Supervisors to consider the appeal by Salisbury Island, Inc., and its shareholders/members, (owners)of the decision of the County AbatementOfficer declaring that specified structures located on Salisbury Island, Byron area area public nuisance in violation of County ordinance'code. Carlos Baltodano,Building inspection Director,took the lead in presenting the staff recommendations and describing the project. A PowerPoint presentation was prepared showing in detail the violations that were noted by staff. Other staff members providing input to the violations were: Dennis Barry, Community Development Director, Lou Reinthaler,Building Inspector,Ken Stuart,Director of Environmental Health,Rich Lierly,Public Works Department, and Larry Hein,'Contra Costa County Fire Protection District. The public hearing was opened. The following persons spoke: Martin Lysons, (on behalf of the Salisbury Island, Inc.) Gagen, McCoy,McMahon, Armstrong, 279 Front Street,Danville, Randal E Bryant,REB Engineering, 345 La Fata, Suite B, St. Helena; Mark Blaskovich, 431 Bellwood Drive, Santa Clara; George Marein, 3 973 8 Plumas Way, Fremont; Joel Steinberg, 660 S.Bernardo Avenue,#1, Sunnyvale; Lamont Goldstein, 540 Page Avenue, Los Banos; Greg Shiflett,Salisbury Island Membership, 22375 Moyers,,Castro'Valley; Kari Morgan,Deltakeeper, 3536 Rainier Avenue, Stockton; Eleanor Alford, (Appellant)4160 Hall Court,Pleasanton; Glen Cox, (Appellant) 529 Rachelle Street, Livermore; Gary G. Kerr,(Appellant)4192 Holly Drive, San Jose, Larry Jennings(Appellant)2380 Salvio Street, Concord; Mark Armstrong, (on behalf'of the Salisbury Island, Inc.)Gagen,McCoy, McMahon Armstrong,279 Front Street,,Danville; Nancy Montgomery, (Appellant), 15781 Adams'Ridge, Los Gatos. The public hearing was closed. The Board discussed the matter and Supervisor Glover motioned to accept the staff's recommendations. Supervisor Gioia seconded the motion with an amendment to authorize the Building Inspection Department to work with the residents with removal of the structures within 60 days.' The Board of Supervisors took the following action; • CLOSED the public hearing; DENIED the appeals by Salisbury Island, Inc. and its shareholders/members (owners)of the March 19, 2003 Notice and Order to Abate a public'nuisance and the March'31, 2003 Notice and Order to Abate a public nuisance; AFFIRMED the determination of the County Abatement Officer that all structures posted,with the Notice and Order to Abate dated March 19,2003 and all structures posted with the Notice and Order to Abate dated March 31,2003 are public nuisances'in violation of the County Ordinance Code; • DIRECTED the County Abatement Officer to abate the public nuisances by removing and disposing of every structure on Salisbury Island that was posted with a Notice and Order to Abate, including all posted sheds, all posted trailers all posted docks, all posted mooring and all posted access structures,within 60 days;' • AUTHORIZE Building Inspection Department to work with residents that wish to retrieve and remove their structures. ....................... ........... .......... 41 1009 Co. 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N IN 1101111 Cri N m Fr f{ N �!!iltl till Ya ,a. � a Y. YY # l m � m O --a c -3 Figure 3 Zoning Map or m� E I CV C '. °o , , C C> �o n QCV C cv = U Q I I I I "bs ` i (III a . III � I .:. IiiII Q: 1,7 (7bpb co lk avail 9kRtl9 k �g ` . G All, CN BYRON P J p NOT SPRINGS ROADG CN d a tuyg_y.. Figure 4 P - �� CDD Record (Assessor' ) Map € y J (�� a Z (n Irg rt' _ I S� 71, 800, �yy� y /i••�� sem@ w :)i ._ T'_ Ak C. .y✓ '.Y.�'•y. �"�.� 7+ ti d 84-36.1001-44-38.402 ONING Artier 84-36.10 /bback A-ticle 84-38.6 Lets r YardsSections: .. �84-38.608 Lot area, width and depth. 84- .1002 Yard -- Side. Tha an 84-38.614 Existing legal lots excepted. aggreg side yard width of at least feet Article 8438.8' Building Height No side shall be less than fifide.;' Sections: These may be reduced to thor an 84-38.842 Building height—Maximum accessory wilding or structure if itck at' Article 84-38.10 Yards least sixty- e feet from.the front pr .No Sections: barns, stabl' apiaries, aviaries. orings 84-38.1002 Yard--,'fide. or stxuctures. to house Zv ock, grain-fed 84-38.1404 Yard--Setback. rodents, bees, ` , , or poultry l be located.in 84-38.1406 Yard- Rear. this distort than fifty# to the boundary Article 84-38.12 Land Use and Variance Per its' line of any resi tial land district.. (Ord- 1569: Sections: prior code § 815 ): Orel. 1 84-38'-.1202 Land use and variance permit— Granting. 84-36.1004 back. There shall be setback (front yard) at east twenty-f ve feet for Article 84-38.2 any structure in the - district except on comer General lots, where the pain ' frontage of the lot shall have'a setback-of at l twenty-five(feet and the 84=35.202 General provisions.All of the land': other' setback shall lean 'twenty feet. '(Ord. lying v�dfhin an A-2 general agricultural district may 1569:prior code §' S5 : turd. 1406). be=�or any'of the following uses, under the following'.regulations set forth in this chapter.'(Ord 84.36.10 06 - d It .Fear yard provisions 1569: Ord. 1555: prior' code § 8156 (part); Card. for the A-1 di ct shall be e save as those for 1406). the R-6 distri (Sections 8 ' P06)_ (Ord. 1569: p6or;code § $ 55(0). ford. 1 1 Article 84-35:4 Uses Article 84-36.12. nd Use'and Variance er1rI s °84-38.40.2 Perrrritted.Uses permitted bi the A-2 district shall be as follows: 84-36 202 land use and varice permit-�-- (1) All types of agriculture, including general Granti g. Land use permits for Td special';uses farming, horticulture, floriculturenurseries and en in Section 84-36.444 ad "ance per- greenhouses, mushroom rooms,'dairying, livestock nails t modify the provisions contain Sections production,fist'farms,poultry raising,animal breed- 84-3 .642 through 84-36,1006 may, be ted in ictg,''aviaries, apiaries,forestry, and similar agricul- a dance with Chapter', 82-6. (Ord. 1569: prior tar-al uses;,, co § 81550): Ord..1.406). (2) Other agricultural uses,including'the erection and maintenamce'of sheds, warehouses, granaries, dehydration plants,hullers,fruit and vegetable pack- Chapter 8438 iag plants,'and agricultural cold storage plants on parcels at least ten acres in size and buildings for A-2 GENERAL AGRICULTURAL DISTRICT the-starage of agricultural products and equipment; (3) A stand not exceeding two hundred square Article 84-38.2 General feet for sale of 5r cultural products grown on the Sections premrses. e stand shall be set back at least twee- 84-38.202 General provisions. ty-five feet from the front property line; Article 84-38.4 Uses (4) A detached single-family dwelling on each Sections: parcel and the accessory structures and uses normal- 84-38.402 Permitted ly auxiliary to it; 84-38.404 Uses with land use permit. (Sr family care home operated 84-38.406 Uses---Refuse disposal site-- Permit by a public agency, or by a private agency which required (Coni:-Caa.;County 10-94) 334 A-2 GENERAL AGRICUL'TURA.I. 'STRICT 84-38404-84.38.111"; has obtained state or local approval(license)for the Article 84-38.6 < proposed operation,where not more than six minors Lots reside on the premises with not more than two su- pervisory persons. 84-38.608 Lot area,width and depth.Except (6) A fasnil a_ care home where care,protec- as provided is Section 84-38.610, uses allowable tionatztt`S } + of e o reaves children in under Article '84-38.4-are allowable only on lots the provider's own home are provided for-periods which 'equal or exceed all of the following: five of less than twenty-four hours per"day, while the acres in°area, two hundred fifty,feet average width, parents or guardians are away.(Ords.94-28§ 2,86- and two hundred foot depth.(Ord.73-86 § I (past), 43 § 13, 68-25 § 2, 1968, 1569, 1555, 1535: prior 1973). cue § 8156(a): Ord. 1406), 84-38.610 Existing legallots` excepted. Any 84-38.404 Uses with land use permit. The single lot legally created in an A-2 district before following uses are allowable on the issuance of a November 29, 1973,at least forty thousand square land use permit feet in area may be used as provided in Article 84- (1) Allowable uses designated in Section 84- 38.4. (Ord. 73-86 § 1 (part) 1973). 36.404, (2) Merchandising of agricultural supplies and Article 84-38.8 services incidental to an agricultural use: Building Height (3) Canneries,wineries and processing of agri- cultural products and buildings for the storage of 84-38.802 Building height -- Maximum. agricultural products oa parcels less than ten acres Building height provisions for the A-2 district s O in size, be the same as those for the'A-I district. (Section (4) Slaughterhouses and stockyards; 84-36.8172)_ (Ord. 1569: Ord.''1555: prior code § (5) Rendering plants and fertilizer plants or 8156(1): Ord. 1406). � (6) Livestock anc ion or sales yards; Article 84-38.10 (7) Living accommodations for agricultural Yards workers to be primarily used for temporary housing of agricultural workers while performing seasonal 54-38.1002 Yard-- Side. There shalt be ar. agricultural work an the owner's property; aggregate side yard width of at least forty feet. No (8) .:Commercial recreational facilities when the side yards shall be less than twenty'feet in width.. principal use is not is a building, No barns, stables, apiaries, aviaries, or other build- (9) Boat storage areas within one mile by public ings or structures used to house livestock,grain-fed- road rain-fedroad of.a boat launching facility open to the public; rodents, bees, birds, or poultry shall be located in (10) Retail firewood sales; the A-2 district nearer than fifty feet to the boundary (11) Recycling operations intended to sort and/or line of any residential landd use district. (Ord. 1569: process material for reuse except for those activities Ord. 1555: prior code§ 8156(8): Ord. 14061). described in Section 88=4.206; (12),Museums in which objects of historical, 84-38.1004 Yard --- Setback. Setback (front artistic, scientific or cultural importance are pre- yard) provisions for the A-2 district shall be the served and displayed. (Ords. 94-28 .§ 2, 89-45 § 2, same as those for the A-1 district (84-36.1 )- 75-36 § 3, 7437 § 2, 60-82., 1988, 1569 § 2: prior (Ord. 1569: Ord. 1555:prior code § 8156(h): Ord.. code§ 8156(b):Ords. 1406 § 3, 497 §4, 382§ 4E). 1446). 84-38.40.6 Uses — Refuse disposal site -- 84-3$.1006 Yard—Rear.There shall be a rear Permit required.Refuse disposal sites are permitted yard of at least fifteen feet for any structure. (Ord. in the A-2 district upon the issuance of a;,permit 1569: Ord 1555:prior code,§ 8156(1): Ord: 1406). under the provisions of Chapter 418-4. (Ord.72.-89 § 2, 1972). RECEIVED PH',": 2 ? r t 335 e..Uty 10-9-4} 84-38J202----84-40-6% ?PN•I G Article 84-38.1.E Article 84--40.4 Land Use and 'Variance Permits Uses 84-3&1202 Land use and variance permit--- 84-40. 2 Uses---Permitted. Uses tted Granting. Land use permits for the special uses in die A-3 'strict shalt be as follows- (1)in Section 84-38.404 and variance per- (1) All e uses designated for the A district I mits to modify the provisions contained in Sections in Section 38.402 except for:the Bele on of"A 84-3$.602 through 84-38.1()06 may be granted in detached.si le-fanuly dwelling on ea lot, etc."; i accordance with Chapter ;82-6. (Ord. `1569: Ord. (2) Resi ence of the owner, own ,lessee, or 1555:prior code § 81560): Ord. 1406). lessor of th landon which the use a conducted. (Ord. 1569: d 1535; prior code § 9157(a):;Ord. 124 .). a Chapter-84-40 54-40.df}4 Uses with land usekmitl.(a)In au A-3 HE VY AGRLCULTUR:A DISMCT A-3'distrlct, a anduse permit rng-y allow the fol- lowing uses.- Article ses:Article .2 General (b) Allow e uses are tato ` listed in Section Sections: 84-36.404(b). General`pro * ions. (c) Other wable uses are thdse listed in Article 84-40- Uses Section 84-38.404 xcept lives ck auction and sates sections: yam• "-402 Uses---P 'teed. (d) Other alto able us are: 84-4.0.404 Uses land use permit. (1) Single-foam( or family dwellings for 8440.4 Uses-- e;fuse disposal site- members of the `ly the third de:grez of ermit required consanguinity Article 84-40.6 L is (2) Processing o not produced on the Sections- premises. (Ords. 9 ? ,4- 3, 74-37 § ,,1559 § 24, 84-40.62 hrea 1535 § 4; prior codec §' 8157(b): Ords. 1241 § 2 84-•40.604 1382 § 4 ))• 84-40.646 - �l epth. Article 84-40.8 B I& Height 8440.406 Uses tefuse disposal site --- Sections: Permit required.Re al sites are permitted x 944.0.802 uildin height---Maximum. in the A-3'district n e issuance of a permit Article 84-40.1-0 arils under the provision of ter 418-4. (Ord.-7249 ' Sections: § 3,'1972): 84-40.1102 Yard--Si e. 84-40.1004 Yard---Se ack. rticle 8 . 84-40.1006 Yard--- Lo Article 84-40. Land Use an Variance Permits Sections: 84-40.602 of---At Area. o agricultural pursuit 84-40.1 Land use and ariance permit- shall be petmi and no cture permitted in the Granting. A-3 district 1'be erecte or placed on 'a lot smaller than u acres, excep that poultry raising, Article 84-4-0.1 raising of 'u-fed rodents, farming, green- General houses and urser es,mushroo s rooms, fur farms, aviaries, apiaries may be emitted on.a lot at 8440.2 2 General provisions.All and Nvithin least tyro d one-half acres i area.,-(Ord. 1569: an A-3 h vy agricultural district may used for prior cod .§ 8157(c): Ord. 1241 . any of th following uses,under the folly 'ng regu- lat"tons s t forth in thi chapter. {Ord. 15 : prior 8440. 04 Lot.-- Width. N agricultural pur code § 57 (part). Ord. 1241.) suit steal be permiaed acid no stru e permitted in; the'A-3 'strict shalt be erected o laced can a lot less'th one hundred forty feet in verage width. (Ord. 1569: prior'code § 8157(d): d 1241). (Contra Costa.County 10.94) 336 - /N'71 •ld.I�CJCJJ.:- J'J11 11 - ... �� ... ..... ' ..v.uv.i . •......... .................... .... .... � �Contra zb is Works Depa n i D Costa 255 Glacier Drive R Mitch Avg m Martinez,CA 94553-4825 Deputy Director ©batt Julia R Sump J Telephone: (925)313-2AaD`` RAX: {925}313-2333 Deputy Director Web site:www oo coni ra-costa.cs.aa✓deparVp'w Patricia R McNamee Deputy Director January 29,2003 Lou Reinthaler Building Inspection Department 651 fine Street Martinez,CA 94553 Subject: Salisbury Island Dean Lou: I amwriting this letter in response to your inquiry as to how the situation on Salisbury Island is affected by the Floodplain Management Ordinance``(Ordinance No. 2000-33). The entire island is in a flood zone A2 with a base flood elevation (BFE) of 8 feet mean sea level according to Flood Insurance Rate Map(FIRM)panel 060025 0550E dated July 16, 1987. Based on a field visit it's clear that all the structures would have to be elevated in order to meet our minimum freeboard requirement of two feet above the BE. Also based" on the field visit they are in violation of article 82-28,1402 that deals with standards of construction and states "All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage". This article would also require the elevation of the structure to be certified by a registered professional engineer or surveyor by submitting an Elevation Certificate form. They are c:;arty in violation of article 82-28.802 of the Floodplain Management Ordinance, which states'that a Floodplain Permit is required prior'to the issuance of a Grading Permit or Building hermit on any property within a flood zone. For clarification please feel free to contact my office at(925)313-2348. Sincerely, Rich Lierly, PE CFM Floodplain Manager Unincorporated Contra Costa County ATTACHMENT B , East*CO u my `L Director ofCarlos Baltodano' .,Building Inspection Building Inspection Office Contra 1191 Central Boulevard Suite C County Brentwood, California 94513 V (925) 427-8850 Fax: (925)427-8838 Building Violations on Salisbury Island California Building Code 105.1 Adoption CCC Ord: 74-1.002 Thirty-nine residential dwellings without permits, in addition to various accessory structures without permits California Plumbing Code 103.1.1 Adoption CCC Ord: 78-3.002 Plumbing in residential dwellings and pump house without permits California Electric:Code' Adoption CCC Ord: 76-12.202..&76-8.202 Electrical wiring in residential dwellings and pump house without permits California Mechanical Code 1112.1 Adoption CCC Ord: 710-3.002'' Mechanical work in residentialdwellings without'permits Uniform Housing Code Chapter 10 Substandard Building Adoption CCC Ord: 712-2.004 Recognized`Original Residence&Accessory Structures Inadequate Sanitation—UHC 1001.2 lack of connection'to required sewage disposal system Structural Hazards—UHC 1001.3 Defective&deteriorated deck and stairs,roof sag and structurally unsound'accessory buildings Hazardous Electrical—UHC 1001.5 Inappropriately sized service for intended use, electrical wiring installed in a hazardous manner without permit or inspection constituting unsafe conditions. Electric service required. Hazardous Plumbing— 1001.6'Lack of required potable water and improper installation of sewage ejection'system.Plumbing installed in violation of code requirements and constituting unsafe conditions Hazardous Mechanical Equipment—UHC 1001.7 Inadequate heating and mechanical venting systems installed with inadequate clearances in violation of code,creating unsafe condition -1-' InadequateFire Protection—UHC 100 1.13 Lack of fire-extinguishing system required by code Remainder of Residential Dwellings and Structures Inadequate'Sanitation-UHC'.1001.2 Lack of connection to required sewage disposal system Structural Hazards—UHC 1001.3 Buildings constructed without permits or inspections constituting unsafe conditions, Hazardous'Electrical—UHC 1001.5'Electrical source illegal and unsafe,electrical wiring installed without permit or inspection constituting unsafe conditions Hazardous'Plumbing—UHC 1001.6 Plumbing installed in violation of code requirements and constituting unsafe conditions Hazardous'Mechanical—UHC 1001.7 Mechanical venting installed in violation of cede creating unsafe condition Inadequate Fire Protection—UHC 100 1.13 Lack of fire-extinguishing system required by cede r2- BUILDING INSPECTION DEPARTMENT PROPERTY CONSERVATION DIVISION L SLl',�MARY OF'REVIEi A. The Island Salisbury Island is a 17-acre parcel of land located in Old River, east of Coney Island, in the Byron area, at the San Joaquin County border. The existing recognized residence was built in the late 1800's and the land was farmed into the 1960's. In the early 1970's the former owner began leasing spaceon the island to friends. People that wanted a Delta retreat began moving trailers onto the island. In the mid 1990's an owner/trust corporation (Lighthouse Trust) was formed to manage the island business of member assessments, paying utility bills and taxes. As the development grew a membership was formed (Salisbury Island Member, SIM) and houses were constructed. Today there are a total of 39 residential dwellings and many out buildings in addition to boat docks on Salisbury Island`. Several years ago the Salisbury Island`membership formed a non-profit corporation and purchased the island from the previous owner, however the'sale has only recently been recorded. Salisbury Island is only accessible by boat and is not visible from any road in Contra Costa County. The majority of the houses are situated on beruns around one large and one small lagoon that have been dredged on the island. These residences range from well-maintained' homes to dilapidated cabins and trailers. (See map in attachment "A") B. Fast.History ' bile researching the parcel history, it was discovered that a previous` county investigation, which began in 1993, remained unresolved. Numerous' file documents show that the President and Secretary of Lighthouse Trust, Eldon Middleton and Renne Ketler were made well aware of the building, zoning and environmental health violations that existed on Salisbury Island. Lighthouse Trust had hired Dutra Engineering to seek permits from the Army Corps of Engineers for the illegally dredged lagoon and:levee work and to address the zoning and code issues with Contra Costa County. In 1996 the code enforcement case was not pursued largely due to a lack of resources. The fact that the case was not pursued does not mean that the buildings were legal, or that they are legal now. The Army Corps of 1 Engineers reports that the dredging and levee permits were denied on the basis of the islands non-compliance status with Contra Costa:County. C: Island Inspection The November 20, 2003, a site inspection consisting of personnel from the Building Inspection Department, Community Development, Environmental Health, and 'Sheriffs Department. The Assessor's Office, California Fish Game and staff from the District 3 Supervisors Office also participated. A contingent from the Salisbury Membership was there to meet these agency representatives. The inspection of Salisbury Island revealed 39 residential structures along with many outbuildings and docks. U. Meeting of January 15, 2003 On January 15, 2003, a meeting between involved county agencies, staff from the District'3 Supervisors Office and the Salisbury Membership took place in the Board ` of Supervisors chambers. In turn each county representative addressed the membership, went over the violations in 'their field of expertise and explained why gaining approvals would be difficult if not impossible. Staff also answered their questions and made'copies of department reports on the island violations available. The Salisbury' Membership was given until February 4, 2003, to advise the county of a',plan for compliance. On February 4, Mr. Lysons of Gagen, McCoy, McMahon & Armstrong was retained to represent the legal interests of 27 Salisbury members. A 30-day extension was given to allow counsel to become acquainted with the case. On March 19, 2003 a Notice and Order to Abate was posted for the residences and structures on the -.island. At that time a Notice to Comply letter, specifically addressing the unpermited docks and dock access structures was sent out. The docks and access structures were posted with a Notice and Order to Abate on March 31, 2003. In each case the Property Owners on record were notified. In addition each-member listed on the roster that the membership sent this department was notified. As of today all violations still exist. E. Building Issues 2 Numerous building, plumbing, mechanical and electrical code violations were observed. These conditionsall violate section 1001.1 of the Uniform Housing Code adopted by the county and render all these residences substandard and uninhabitable. Although the interior spaces were not opened' for inspection, there were many hazardous conditions noted involving faulty electrical wiring and poorly installed' water heaters with unsafe propane supply' lines and hazardous venting. Additionally these houses were all connected to a single 100-amp electrical service that 'resulted in a serious overloaded condition. The dangerous and potentially lethal electrical conditions caused the Building Inspection Department to direct PGE to terminate the electrical service to the island: The Property Conservation Division of the Building Department has: also determined 'that the original recognized residence has fallen into disrepair and is: substandard. The home requires either, major reconstruction and renovation or must be demolished. II. ZONING AND TURBAN LIMIT LINE ISSUES The Community Development Department has determined that only the original residence, which predates county ordinance, has any legal standing on this 17-acre island. It has been further determined that because it is zoned A-2, and it is outside the Urban Limit Line, the development does not fit in the General Plan. Therefore the other 38 residences on Salisbury Island cannot be approved. There is no evidence that this development is in 'compliance with zoning ordinance.` The Salisbury Membership has stated' that they would like the county to view their development as a "Delta Recreation" use. However there is nothing about this 39- unit subdivision that fits that category. (For the complete Community Development report see attachment "C") III ENVIRONMENTAL HEALTH The Environmental Health Division has no record of permits for any sewage disposal system and no permits for individual or community water systems.: The seepage pits that exist are prohibited by Contra Costa County Septic regulations and the community water system does not meet code. The island is entirely in the flood plain and would not meet setback requirements for any septic system. The sewage that is being discharged into the ground is directly being discharged' into the high ground water. This tainted effluent, eventually flows into the delta waters. The .Los Vaqueros'Reservoir intake station is just down river from Salisbury Island and the intake for the California aqueduct is nearby. The existing water supply 3 consists of a pump;that draws water directly from the Delta, asmall pressure tank, and distribution lines to the dwellings. Some dwellings utilize large particle filters for this water. There is no disinfection of the surface water to mitigate water bome diseases! This amounts to non-potable water that does not meet health standards. The California Regional' Water Quality 'Control Board has found both the sewage disposal and water supply for the island to be inappropriate and illegal and in violation of California Water Code. (For the Complete Environmental Health and Calif. Water Quality report, see attachment "E") IV. FLOOD CONTROL ISSUES On January 7, 2003, Inspectors from the Property Conservation Division of the Building Inspection Department made a follow up inspection of Salisbury Island with representatives from Public Works Floodplain Management and the` Fire Department. Public Works Floodplain Management confirmed that the entire island is.in a flood zone with a base flood elevation of 8 feet mean sea level according to the Flood Insurance Rate Map (FIRM) dated July 16, 1987. Based on the field visit it is clear that all structures would have to be elevated in order to meet the minimum freeboard requirement of two feet above the base flood elevation. Also, based on the field visit the structures are in violation of article 82-28.1002 of the Floodplain Management''Ordinance, that deals with standards of construction and states,' "all new construction and substantial improvements shall be constructed with materials and utility equipment, resistant to flood damage". This ordinance would also require the elevation of the structure to be certified by a registered professional engineer or surveyor by submitting' an Elevation Certificate form. They are clearly in violation of articles 82-28.802 of the Floodplain Management Ordinance, which states that a Floodplain,.Permit is required prior to the issuance of a Grading or Building Permit on any property within the flood''zone. Non- compliance of the floodplain ordinances is a violation of ordinances of ordinance 82-28.606. (For report see attachment "17") V FIRE ISSUES A fire Marshal from the East Contra Costa Fire Protection District found no evidence of fire suppression systems and inadequate fire fighting"provisions. In that Building Inspectors inspected none of the homes or cabins during or after` construction, there is no way to know if they were built appropriately,` or would meet current building or fire codes It is especially disturbing that these structures 4 are used for overnight lodging. Sleeping people are much more at:risk, from fire. and carbon dioxide poisoning due to the delay in detection. Additionally, the required land bridge for such a development does not exist, nor is there a ferry service and is therefore unreachable with conventional fire apparatus. There are currently two small, pump-equipped fireboats available in Bethel Island. These would be the first outside resources to arrive at a fire emergency on this island. Due to the time required to travel' to Salisbury Island, a fire in one building is likely to spread to other buildings, and possibly to adjacent 'islands, before arrival of suppression forces. (For report see attachment "D") VI ASSESSMENT OF ISLAND STRUCTURES In July of 1996, the County Assessor's Office reassessed the Salisbury property. Seventeen trailers, wood structures or combinations were recorded at that time. The assessed value of Salisbury Island was $34,000.00' for the land and $246,000.00 for the improvements for a total of$280,000.00. The taxes' Salisbury Island pays today are based on that 1996 assessment. On the November:20, 2003 inspection, the Appraisers that accompanied the other ; county staff were only able to measure.one third of the structures. Because of the pending abatement action, the Assessor's Office has delayed completion of reassessment of Salisbury Island. V71, STAFF RESPONSE TO APPEAL POINTS County'personnel have been to Salisbury Island five times through the winter and spring months. Each time, someone from the Salisbury Membership: has been there. Members have stated that they use the island year round and more during the warm weather months. There is nothing the county has seen to indicate., low intensity use. Nor is there any distinction for part or full time occupancy made with regard to required pen-nits for buildings, sewage, water, or floodplain requirements. The Salisbury Island Members state that they;,have'not had enough time to respond' with a plan for compliance, but they were notified of the violations ten months ago. Again, to date no violation has been resolved on the island. It has been stated in the appeal and in; the media that the county is engaging in selective enforcement at Salisbury Island. For the record, the code enforcement case at Salisbury Island began in response to a complaint. Because of the remote location and lack' of road access, it was only after investigating Salisbury and getting on the water that it was :found that; illegal island development was not confined to Salisbury. Since that time cases on eight other properties on two more 5 islandshave been opened with more cases anticipated. The Building Inspection Department's Code Enforcement Unit is pursuing other violaters in the delta vigorously. While the Salisbury Island. ;non-profit corporation is the only listed owner, the Salisbury Membership roster that the county received from them contains 44 families. Centra Costa County has made every effort to correspond to each listed member and respond to his or her individual:questions by telephone and in person. However it is important to note that no one member has any legal ownership of Salisbury real property: As stated earlier, the County Assessor's Office last visited Salisbury Island in July of 1996 and noted seventeen dwelling units. Since no permits for any of the houses or structures have ever been obtained, the current level of development is still being taxed at the 1996 level. The Salisbury Island membership has 'maintained that the county has validated their development by imposing property taxes on the improvements. The fact of the matter is that because of resolute non-compliance with county codes, Salisbury Island Members have almost always avoided paying taxes on a fair assessment of the property improvements, The Building Department's records research revealed no permits at all for Salisbury Island. An appeal statement that a member'was not allowed access to permits is incorrect, as no permits exist for the island. 6 C'ONTRACT OF SALE CONTRACT OF SALE entered into May 5, '1995, by and between TALL TREE' LIMITED, a common law trust, Trustee (the "Seller"), SALISBURY ISLAND, a California non-profit ;mutual benefit corporation, (the "Buyer"), and TALL TREE LIMITED, a common law 'trust, Trustee. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, an undivided twenty percent (20%).interest in the real property situated in the unincorporated area of Contra Costa County, California (the "Property"), more particularly described in Exhibit "A"', on the following,terms and conditions: Purchase Price Section 1. The purchase price of the real property shall be the product of the total number of Memberships, not to exceed thirty-five (35), sold over a period of twenty,(20) years or sooner from the date the initial offering is qualified for sale by the Corporation Commissioner of the State of California, or an exemption thereto as provided by Section. 25102 of the Corporations Cade of the State of California, together with any'condemnation award as provided in Section 8 of this Agreement. The initial offering of thirty-five (35)" Memberships are to be issued by the Buyer, its officers, agents or employees, for such consideration and in an amount to be agreed upon between Buyer and Seller, which sum shall be tendered by Buyer to Seller on or before the fifth day following the',,consummation of the issuance of a Membership and shall be delivered to Seller at the place designated in Section 23 of this Agreement. (a) Upon the expiration of said twenty (20) year period all authorized Memberships that remain unsold and unissued' will, at the option of Seller, vest in Seller at no cost or expense to Buyer,'or shall be canceled and rescinded by Buyer. This Contract shall require twenty (20) years to complete in accordance with its terms. (b) Buyer may transfer property upon payment to Seller of all monies due under the Contract, that is, (total number of Memberships to be sold times sale price). Appointment and Powers of Trustee Section 2. Upon recordation of a Memorandum of Agreement with respect to this Contract, Buyer and Seller irrevocably grant, transfer, and assign their respective right, title, and interest in the Property to Trustee for the purpose of securing; Buyer's and Seller's obligations under this Contract and hereby confer upon Trustee the following powers: (a) Power t€3 convey to Buyer legal title to the Property upon full satisfaction of Buyer's obligations to Seller, upon written instructions from Seller or its successor in interest; and mlCdtirtonleonb-rcF Page 1. (b) Power, on behalf of Buyer, to issue Memberships of the Buyer to the public at large, and to receive on behalf of Buyer the consideration for each Membership s€> Issued for a period of twenty (20 ) years from the date Memberships are qualified for sale by the Corporation Commissioner of the State of California as provided by Section''I of this Agreement. In addition to such sums as are attributable to the purchase price of the Property, the Trustee shall collect any additional sure Buyer may require of a Member as and for an assessment or fee as provided by Section 2.04 of the Bylaws of the Buyer. Said assessments and fees shall he tendered to Buyer on or before the fifth (5) day of the consummation of the issuance of a Membership. (c)' Power to foreclose'under power of sate Pursuant to Section 17 of this Contract, '. and to issue a deed upon foreclosure and sale. The heed shall convey the property'without covenant or warranty, expressed or implied, and any recitals contained in the deed of any matters €r facts shall be conclusive proof of the truthfulness of the recitals. Outstanding Encumbrances Section 3. The Property is not subject to any encumbrances that are outstanding at the date of this Contract except as are reflected in the policy of title insurance prepared by First American Tide Company, dated October 14, 1994 at 7.30 a.m., attached to Ibis Agreement as Exhibit "B". Encumbrances by Seller Section 4. Seller, after the date of this Contract, shall not in any manner encumber Buyers interest in the Property without the written consent of Buyer. Taxes and Assessments Section 5. The tax estimate on which this Contract is based is the tax bill for the fiscal year. Except as otherwise provided in this Contract, Buyer shall, pay, at least ten (10) days before their due date, all general and special taxes, liens, and charges, including all assessments of every nature, levied, assessed, or accruing on the Property after the execution of this Contract. For these purposes, all taxes, assessments, and insurance premiums pertaining to the Property shall be prorated on the basis of a thirty- day month as of the date of this Contract. Insurance Section 6. Buyer, during the continuance'of this Contract, shall inure and keep insured, at Buyer's own cost and expense, for their full replacement value, all buildings and improvements owned by, Seller and located on the Property against loss by fire or the elements, with an insurance company acceptable to Seller and for Seller's benefit Seller's interest may appear. Atk}dAttpAltB»trKt Page 2 Payments by Seller Section 7. If Buyer fails to satisfy its obligation under this Contract to pay any amount for taxes, assessments, or insurance before the amount becomes delinquent, Seller may, at its option, declare Buyerin default under this Contract. Destruction or Condemnation of Property Section 9. Destruction of, or damage to, any building or other improvement now or hereafter placed on the Property, or of any personal property described in I this Contract, whether from fire or any outer cause, including the taking of the Property, or any part of the Property, for public use, shall not release Buyer from any of its obligations under this Contract.. It is expressly understood that Buyer bears all'risk of loss of, or damage to, the Property.. If any part of the Property is taken for public use, the portion of the condemnation award remaining after payment of reasonable expenses of procuring the award, shall be paid' to Seller and applied as payment on the purchase price under this Contract, unless Seller elects to allow Buyer to apply or a portion of the condemnation award to the rebuilding or restoration of any improvements damaged by the taking. ' In case of damage or destruction from a peril insured against, the proceeds shall be devoted to the restoration or rebuilding of the improvements within a reasonable time unless Buyer elects that the proceeds shall be paid to'Seller, Good Condition and Repair Section 9. Buyer agrees that the Property and the buildings and improvements on the Property are, at the date of this Contract, in good condition, reasonable wear;and tear excepted, and that Buyer shall, at Buyer's own cast and expense, maintain the Property and the buildings and improvements on the Property in the same condition that they are in on the date of this Contract: Right of Inspection Section 10. Seller shallhave the right to enter on and inspect the:Property and the buildings_ and improvements on the Property at least once each'calendar month. All repairs required on the Property or the foregoing buildings and improvements noted by Seller shall be made by Buyer, at Buyer's own cost and expense, within thirty {30} days after Buyer receives written notice from Seller. »�ddMfrMtcdntr�et Page Waste and Removal of Buildings Section 11. Buyer shall not remove or permit the removal from the Property of any building or either improvement located on the Property without Seller's prior written consent, nor shall Buyer commit or permit to be committed any waste of the Property or of any building or improvement on the Property. Alterations Prohibited Section 12. Buyer will not renovate, remodel, or alter any building or improvement now or hereafter situated on the Property, or construct;any additional building or improvement on the Property without first providing Seller with written notice and plans for the work and getting Seller's written,approval of the plans. Mechanics' Liens Section 13. Buyer shall indemnify and hold Seller and the property of Seller, including Seller's interest in the Property, free and harmless from liability for any and all mechanics' liens or other expenses or damages resulting from any renovations, alterations, buildings, repairs, or other work placed on the Property by Buyer. Personal Injuries Section 14. Buyer shall indemnify and'hold Seller free and harmless from any and all demands,' loss, or liability resulting from the injury to or death of any person or persons because of the negligence of Buyer or the condition of the Property at any time after the date possession of the Property is delivered to Buyer. Possession and Legal Title Section 15. Buyer shall be entitled to enter into possession of the; Property on the date this Contract is recorded and to continue in possession of the Property so long as Buyer is not in default in the performance of this Contract. Seller shall retain legal title as a security interest in the Property until Buyer has paid the balance of the purchase price' as required by this Contract. Default in Foreclosure t Section 16. Upon default by Buyer in the payment of any indebtedness secured by this Contract or in the performance of any agreement under this Contract, Seller may declare all sums secured by this Contract immediately due and payable by delivering to Trustee a mn10N1on icon(10ct Page 4 written declaration of d, ,;.,ult and demand for sale and awritte .ot ce of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. Seller alio shalt deposit with Trustee this Contract and all documents evidencing expenditures secured by this Contract After the lapse of the time then required by law-following the recordation of the notice of default, and after notice of We has been given as then required by law, Trustee, without demand on Buyer, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole`or in separate parcels, and in any order determined by Trustee, at public auction to the highest,bidder for cash in lawful money of the'United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the original time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed'by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold,;but without.any covenant or warranty, express or implied. The recitals in the deed of any matters for facts shall be conclusive proof of the truthfulness of the recitals. Any person,,including Buyer, Trustee, or Seller, may purchase at the sale. After deducting all costs, fees,«and expenses of Trustee and of this Trust, including costs of procuring evidence of title incurred in connection with the sale, Trustee shall apply the proceeds of sale,to payment of all sums expended under the terms of this Contract not then repaid, with accrued interest at the rate allowed by law in effect at the date c.of this Contract, all other sums then secured by this Contract, and the remainder,' if any, to the person or persons legally entitled to the proceeds. Acceptance by Trustee Section 17. Trustee accepts this Trost when this Contract, duly executed and acknowledged, is made a public'record as provided by law. Trustee is not obligated to notify any party to this Contract of pending sale under any other contract or of any action or preceeding in which Buyer, Seller, or Trustee shall be a'party`unless brought by Trustee. Substitution of Trustee Section 18. Seller, or any successor in ownership of any indebtedness secured by this Contract, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting Ander this Contract. The substitution instrument must contain the name of the original Buyer, Trustee, anis Seller under this Contract, the book and page vwhere'this Contract is recorded, and the name and address of the new Trustee. When executed by Seller and duly acknowledged an recorded in the office of the recorder of the county or counties where the property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights powers, and duties.` rYOdMronleonrncr Page 5 Recordation and Title insurance Section 19. Upon the execution of this Contract by the Parties', Trustee shall cause a; memorandumthereof to be recorded in the Office of the County Recorder of Contra Costa County California. upon recordation. Seller and Buyer shall obtain title insurance Policies issued by First American Title Insurance Company insuring their interest in this Contract. This shalt be done at the expenseof Seller. Conveyance on Full Performance Section 20.` When the Purchase price and all other amounts to he paid by Buyer pursuant to this Contract are fully Paid as provided in this Contract, Seller will execute and deliver to Buyer a good and sufficient deed conveying to Buyer goad and marketable title to the Property as evidenced by a California Land Title Association standard coverage title insurance Policy in the full amount of the purchase Price. The utle.policy shall be paid for by Buyer. Entire Agreement Section 21 Both Buyer and Seller agree that this Contract constitutes the sole and only agreement between them respecting the Property and correctly sets forth their obligations to each other as of its date. Attorneys' Fees Section 22. If any action arising out of or relating to this Contract is commenced by either party to this Contract, then as between Buyer and Seller,, the Prevailing Party shall be entitled to receive from the other Party, in addition to any other relief that may be granted, the reasonable attorneys' fees, casts, and expenses incurred in the action.' Notices Section 23. Any and all notices or other communications required or permitted by this Contract or by law to he served on or given to either Party by the other party shall be in writing and shall he deemed duly served and given''when personally delivered to the Party to whom it is directed, or in lieu of personal service when mailed by first-class mail postage Prepaid,:addressed to Buyer at President, Salisbury Island 18455 Clifton Court Road Stockton, California 95246 or to Seller at: Eldon Middleton , 18455 Clifton Court Road Stockton, California 95246" .'nn7tlN tonuanvscr Page 6 Either party may change that party's address for these .purposes by giving written notice of the change to the other party in'the mah ner provided in this Section. Binding on Heirs and Successors Section 24. This"Contract shall be binding on and shall inure: to the benefit of the heirs, executors, administrators, .successors, and assigns of the parties to this Contract. Assignments Prohibited Section 25 Buyer shall not transfer, sell, or assign Buyer's interest in the Property unless the transfer, sale, or assignment, sale, or assignment by Buyer, the total amount of unpaid principal and interest due under this Contract shall he immediately due and payable to Seller in order to protect Seller against the loss of Seller's security interest in this Contract. Time of Essence Section 26. Time is expressly declared to he of the essence. Waiver Section 27. The waiver of any breach of this Contract by either party shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same'of another provision of this Contract. Memorandum of Agreement Section 28. Neither party, Buyer nor Seller, shall record this Lease without the written consent of the other. However, Buyer and Seller shall, at the request of`either at any time during the term of this Contract, execute a memorandum or "short farm" of this Contract for purpe)ses of, and in a form suitable for, being recorded.. The memorandum or "short form" of this Contract shall describe the parties, Buyer, Seller,anci 'Trustee, set forth a description of the Property, specify the duration of the contract, and shall incorporate this Contract by reference. Arbitration Section 29. Should any dispute arise between Buyer and Seller concerning this Contract, any prevision of this Contract, or the right and duties of either in regard thereto, Page 7 including the amount of consideration due Seller from Buyer, the dispute shall be settled by an arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may he entered in any court having jurisdiction thereof. NOTICE: A copy of any notice of default and of any notice of sale will besentonly to the address contained in this recorded request. If your address changes, a new request must be recorded: Executed on May 5, 1995 at Contra Costa County, California. Seller: Buyer: Salisbury Island, A California Non-Profit EI.D DI7►L E ON Mutual Benefit Corporation By � ,c' t--+ --' Trustee: Tall''Tree Limited, a Common Law Trust By: TRUSTEE nukMMtoniconmrcr Page 8 June 12, 2003 Salisbury Island Corporation (SIM) A California lion-Profit Mutual Benefit Corporation SIM Membership, the SIM Board has recently adopted a resolution to pursue a Use Permit, which could allow continued use of Salisbury Island as we currently enjoy it. The resolution is lengthy and is summarized below. The full resolution is contained in the SIM Board Minutes from tie 5/28/03 SIM Board Meeting. The Resolution requires that: -SIM to adopt the proposed Bylaws at next SIM General Meeting -SIM to authorize Gagen, McCoy, McMahon & Armstrong as legal counsel to represent SIM in matters concerning land use and Contra Costa County, and in creation of Amended Bylaws. -SIM authorizes Bellecci and Associates"„Inc to assist with. Civil. Engineering and Land planning needs. -SIM authorizes Mark Blaskovich, Scott Benning and Mark Pass to retain control and authority to pursue compliance. -To cover costs of bringing the island into compliance SIM authorizes a -- $5000 assessment to cover initial expenses. -SIF Members who have already made their initial SIF investment are exempt from this assessment. -The Resolution serves as notice that futures assessments may be , necess= to fund the effort to mare legal the recreational uses currently enjoyed: This initial assessment is being collected primarily to pursue a suitable Use Permit for the island, as well as initial investigations to determine potential solutions to resolving some of the other County issues, such as health and safety. SIM will need to demonstrate to the-County the ability to solve some of these issues (septic and potable water to name.a few) for the County to even consider a suitable Use Permit. (aver) (continued from page l) If SIM is successful in obtaining a Use Permit, future significant assessments are likely to follow to raise the funds necessary to solve the septic, water, fire protection, electric and other issues the County has identified. This does not even begin to address costs that might be required to modify the structures to bring them into compliance. The Board wants to give the Membership as much information as possible so they can make informed decisions regarding their continued' use of the island. The initial costs to solve these issues could be in the tens of thousands of dollars -er membership. The 2ngoing cost of re ular dues and assessments will also increase due to the current island land assessment (up from approx $35K to $180K) and improvement assessments (likely to go from a rax 235K to several rru hon). 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Envirolet(�offers choice! 3of3 61161032.22 PT BuildingInspection Contra Carlos aaitodano De a tnlertt Director of'Building Inspection Costa County Administration Building �tyl� 651 Pine Street,3rd Floor, North Wing ty Martinez, California 94553-1295 (925) 646-4108 .. *, TH� CONSIDtH FAX (925) 646-1219 I nil a dux June 9,2003 REft•.. , David Piepho 'SUN 2230 Sunset Point �; �8 2003 Discovery Bay, CA 94514' 1 „ " _ 8 wr Dear Mr. Piepho. This is in response to your letter to Supervisor Gayle B. Uilkema's office addressing the "recent unfortunate situation of Salisbury and other islands''. As you are aware the Building Inspection Department has posted all structures and docks on Salisbury Island with a"Notice to Abate,'. These structures and docks are public nuisances and are in violation of numerous county ordinances. These notices have been appealed to the Board'of Supervisors. The appeal hearing is scheduled for June 17, 2003, Salisbury Island presently has 39 illegal residential dwellings, 29 illegal outbuildings (including outhouses, sheds and trailers), and 42 illegal docks. None of these structures have received any permits or zoning approvals from the county or any other agencies. None of these structures have received building, plumbing, mechanical or electrical permits. All of these residential dwellings are substandard. In addition, none of the dwellings have legal water supply or sewage systems. As you indicated in your letter, the Public Works Department has confirmed that the entire island is in a flood zone and the East County Fire Protection District has found no evidence'of a fire suppression system. We appreciate your continued support as the code enforcement liaison for District III in the County's code enforcement efforts in the Delta. It,was quite gratifying to receive a letter from someone who has lived in the Delta for forty-one years. I am sorry to hear you will be working'on June 17`x', however by copy of this letter I will be forwarding your letter to all Board Members, the County Administrator,and the Clerk of the Board. Thank you again for your support. Sincerely, ear' x'05 /3170 Carlos Baltodano Director CB:nr pc: Members—Board of Supervisors John Sweeten,County Adhninistrator Gina Martin,Deputy Clerk-of the Board \cblsalisbury.island piepho.ltr DAPiepho@lbl.gov' To: SDext@bos.co.contra-costa.ca.us r: cc: 06/06/2003 07:44 PM Subject: Letter re;ILLEGAL island construction... Honorary Supervisor Uilkema This e-mail/letter is to comment on the recent unfortunate situation of Salisbury and other islands, that has arisen once again in district #3 of Contra Costa County.. I am compelled to point out several issues that I feel should be considered as this issue is discussed. Normally I would come before the Board to speak, but unfortunately, I will be working on June 17th when this issue is to be considered. My wife and I have been enjoying the Delta for 41 years. We currently reside in Discovery Bay and;often boat and waterski near the islands in question. We had not given them much thought until the situation came to light in the Newspapers, ,Code `Enforcement meetings (I am a code enforcement' liasion for district #3) , and the subject of local Delta internet chat'. It has become quite clear that the County and the Board of Supervisors must stand strong;;on this issue (supporting both the building department and code enforcement division) for many reasons. Please consider the following; Waste- "As one of the directors for the CSD of Discovery Bay, we have been hit with constant "fines from the State and now must construct a pipeline at a cost of over 1.5 million to comply with the conditions of our NPDES permit. It would be a slap in the face that we have been fined thousands of dollars every month for discharging trace amounts of copper into the Delta, yet Delta islands (including Salisbury) are discharging,`virtually -untreated waste without penalty. Note, they have most likely discharged a lot more that human waste, (things like cleaning paintbrushes that they painted those homes must be considered as well as anything else that goes down the drain. . . ) . I''ll give you one guess where that paint went! What about their food and cleaning products??? Garbage- I am under the impression that Contra Costa currently requires garbage service. Where is all of their garbage going? If it is a requirement, how could they be serviced? Police and Fire protection- These often necessary services are virtually unavailable to these islands. What if one caught fire? Who would have legal''liability? Not to mention any crime or disputes that could occur. Flood Plain- I believe the islands are below the flood plain. This has many implications, but sewage issues come to mind. Building Permits, Inspections, Fee's and Fines- We built our home last year. It started with us writing a check to the county for $26 thousand dollars before we could "pound a nail".. I even called Carlos (Baltodano) , to make sure that the amount was correct, and ask where all the money was going! We then had to endure a multitude of inspections along the way to make sure we were building a safe structure and complying with all of the local codes. I would ask. . .would there be any way for the islanders to go back and get foundation/frame/roof/electrical/etc. , inspections? What about not paying their share for building permits, and associated fines or late charges? To sum this letter up, do I feel sorry for them, no. Well maybe a little, but they clearly knew what they were doing. A few have commented that the county is "harrassing" them. This arguement is like saying" a traffic officer is harrassing speeding drivers by issuing ........... ............. ........... ............... ........... .................................................... .................................... ....... .......... ............... traffic citations. It simply has no merit. Please accept this letter as a letter of support for enforcement of the existing laws and ordinances. Please, I ask you and fellow supervisors to support the building department, code enforcement officers and department mangers. Having on going personal contact with them I can tell you first hand they are doing a GREAT job. There are a lot of folks that stand behind you. I participate in a "Delta forum" where this issue has been disscussed in length. I am pleased to pass on that the (large)majority stands behind the county on this one. I know this is a difficult situation for all involved, but rest assured by enforcing the rules. . .The county is not the "bad guy". Thank you for your time considering this letter. As you are aware of district #3 is without a Supervisor. . . . I'm sure I have just scratched the surface of the multitude of issues that you will have to deal with regarding this situation. If you have any questions, or I can be of any further service please don't hesitate to contact me. David Piepho 925-516-2358 p.s. I have also been informed that the County code inforcement has no current way of inspecting delta property. . .No boat (s) . Could they consider a partnership with the Sheriff's marine patrol?? ATTACHMENT C CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street, N. Wing - 4th Floor Martinez, CA 94553 Telephone: (925) 335-1210 Fax: (925) 335-1222 TO: Carlos Baitodano, Building Inspection Director Attn: Michael Angelo Silva, Chief, Property Conservation Division FROM: Dennis M. Barry, AICD, Community Development Director By: Patrick Roche, Principal Planner, Advance Planning Division Robert H. Drake, Principal Planner, Current Planning Division ` DATE: June 10, 2003 SUBJECT: Planning and Zoning Ordinance Compliance Concerns with Activities at Salisbury Island(APN 011-111-021)'in the Delta area (District III) CDD File #ZI029744 I. Summary of Review This memorandum has been prepared in responseto the April 9, 2003 appeal of the Notice of Abatement filed by your office. This memo lists a number of provisions of the zoning ordinance that existing development of Salisbury Island has violated. The type of and intensity of development that has occurred on Salisbury Island is not consistent with various land use, growth management, public facilities/services, conservation, or safety policies in the General Plan:. Accordingly, any proposal to keep the structures would require an amendment to the General Plan. Given the conflict between the development and the weight and fundamental nature of the General Plan goals and policies, staff foresees no realistic prospect that the County could accommodate existing development conditions on the island. The island contains an existing residence whose design and age (estimated 60+ Planning and Zoning Ordinance Compliance Concerns Sallsbury'Island years) suggest that it was constructed prior to the enactment of zoning or subdivision laws by the County,and therefore may not be regulated by zoning laws. Staff can find no record of approval of other improvements"(38 residences and mobilehomes, plus outbuildings and docks), or that any entitlement requests to allow such use has been filed on this site. We also understand from your Department that you have not found any evidence of building permits having been issued for any of these newer improvements. Therefore, staff concludes)that these improvements have been constructed without permits and constitute violations of the zoning regulations that have been enacted over the last 50+years. Accordingly, based on these factors and the health and safety concerns reported by the HealthServices Department and the County Fire Protection District, we see no reason why the appeal should be granted, or the proposed abatement delayed. II. Introduction At your department's request, the Community Development Department has conducted a code compliance review of the development and other activities of the Salisbury Island property. Our review has included a site inspection,and a review of Department records, zoning regulations,and General Plan policies pertaining to this site. The purpose of this memorandum is to review: 1) site conditions; 2) policies and regulations administered by this office that pertain to the observed site conditions, 3) Department records involving any development permit applications for this site; 4) Possible procedures and legal findings necessary to allow existing development to remain; and 5) Provide a partial response to the April 9, -2003 appeal, including an assessment of the feasibility and/or appropriateness to allow the property owner/appellant an opportunity to cure cited cone violations by filing necessary entitlement actions that might avoid an abatement' action and allow existing development on Salisbury Island to remain. 2 Planning and Zoning Ordinance Compliance Concerns Salisbury Island II. Recent CDD Inspection of Site On November 20, 2002, Community Development Department staff participated in ajoint-agency site inspection of the 17-acre SalisburyIsland. Staff observed approximately 39 residences (including conventional residences and mobilehomes) and a-number of related dock facilities and other outbuildings Based on its design and age, one of the residences 'appears to have been constructed approximately 60+years ago. Other improvements appear to have been constructed or significantly modified within the last 30 years. III. Land'Use (Zoning and Subdivision Ordinance) Regulations Pertinent regulations of the Zoning Ordinance are reviewed below. The County began enactment of zoning and subdivision laws that are pertinent to this site approximately fifty (50)years ago. The site is zoned General Agricultural district (A-2; 5-acre minimum parcel size).' A. Permitted Uses of the General Agricultural zoning district C.C.C. Ord. Code §''84-38.402) The A-2 zoning district allows for the following permitted uses. • All types of agriculture, including general farming,horticulture, floriculture, nurseries and greenhouses, mushroom rooms, dairying, livestock production; Other agricultural uses,including the erection and maintenance of sheds and warehouses; Detached single-family residence and the accessory structures and uses normally auxiliary to it; • A foster home or family care operated by a public agency; and • A family daycare (Refer to Code for definition). B. Water and Sewer Requirements (Chapter 82-2.020) Ordinance Code Section 82-2.020 provides that: i It should be noted that the zoning district for this site is not consistent with the General Flan land use designation,Delta Recreation and Resources that allows a minimum parcel size of 20-acres. 3 Planning and Zoning Ordinance Compliance Concerns Salisbury`Island "Water supply and sewage systems andlor facilities required for any use, construction, structure, or other development to be established under a permit issued pursuant to this title shall comply with Chapters 414-4 and 420-6 of this code and the health officer's approval. C. Restrictions of the Floodplain Management Ordinance (Chapter 82-28) The Federal;Emergency Management Agency has placed this site within a special flood zone, Zane A-252 which signifies that the site is flood-prone and subject to a "100-year" flood. FEMA has determined that the base elevation of this flood zone is 8 feet AMSL. The minimum floor elevation for this flood zone is 10 feet AMSL Development activity within this special flood zone must comply with the restrictions of the Floodplain Management Ordinance, including obtaining any necessary floodplain permits, Ordinance Code Section 82-28.606 provides that "No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliancewith the terms of this ordinance and other applicable regulations. Violations of the requirements (including violations of conditions and safeguards established in connection with conditions)shall constitute an infraction punishable as provided in Government Code Section 25132. Nothing herein shall prevent the Contra Costa County board of supervisors from taking such lawful action as is necessary to prevent or remedy any violation. C. 65/35 Land Preservation Plan Ordinance (Chapter 82-11 The 65/35 Land Preservation Ordinance limits urban development in the county to no more than 35% of the land in the county. At least 65% of all land in the county shall be preserved for agriculture, open space, wetlands, parks and other nonurban uses. (C.C.0 Ord.Code'§ 82-1.006) To ensure the enforcement of the 65/35 standard,the County has adopted an z Not to be confused with the Land Use Zoning District,also identified by the code."A-2". 4 Planning and Zoning Ordinance Compliance Concerns Salisbury Island urban limit line as depicted on the illustrative 65/35 Land Preservation Flan Map. The urban limit line limits potential urban development in the county to thirty-five percent of the land in the county and prohibits the county from designating any land locatedoutside the urban limit line for an urban land use. The subject site is located outside ofthe'urban limit line, and is more than three miles removed from the urban limit line. The Ordinance allows the urban limit 'line to be changed by a 'four-fifths vote of the board of supervisors after holding a public hearing and making one of the following findings: (1)A natural;or manmade disaster or public emergency has occurred which warrants the provision of housing and/or other community needs within land located outside the urban limit line; (2)An objective study has determined that the urban limit line is preventing the county from providing its fair share of affordable 'housing, or regional housing, as required by state law, and the board of supervisors finds that a change to the urban limit line is necessary and the only feasible means to enable the county to meet these requirements of state law; (3)A majority of the cities that are party to apreservation agreement and the county have approved a change to the urban limit line affecting all or any portion of the land covered by the preservation agreement,' (4)A minor change to the urban limit 'dine will more accurately reflect topographical characteristics or legal'boundaries; (5)A five-year periodic review of the urban limit line has determined,based on the criteria and factors for establishing the urban limit line set forth in Section 82-1.010 above, that new information is available (from city or county growth management studies or otherwise)or circumstances have changed,"warranting a change to the urban'limit dine (6)An objective study has determined that a change to the urban limit line is necessary or desirable to further the economic viability of the East Contra Costa County Airport,:and either (i) mitigate adverse aviation- -related environmental or community impacts attributable to Buchanan Field, or(ii) further the county's aviation related needs; or (7)A change is required to conform to applicable California or federal law. Changes to the urban limit line under any other circumstances require a vote 5 Planning and Zoning Ordinance Compliance Concerns Salisbury Island of the people. The Ordinance also provides that the local agency formation commission (LAFCO) shall be advised to (1) respect and support the county's 65/35 preservation standard, urban limit line and growth management standards when considering requests for incorporation or annexation to cities or service districts, (2) apply the stricter of the growth management standards of either the county, the incorporating city or the annexing city or service district,;when considering requests for incorporation or annexations of land to cities or service districts. D. Mobile Home Park (T-1) Ordinance (Chapter 84-68) The Mobile Horne/Manufactured Home Park District regulates siting of mobile homes on land in the unincorporated area of the County. The district provides standards and review procedures for establishment of mobile home parks as well as the siting of individual mobile homes and travel trailers. E. Subdivision Ordinance Considerations (Chapter 92-12): Ordinance Code Section 92-4.090 (a) defines a subdivision as the division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units,for the purpose of sale,lease or financing,whether immediate or future, except for leases of agricultural` land for agricultural purposes for the cultivation of food or fiber or the grazing or pasturing of livestock. The Subdivision Ordinance and the Subdivision Map Act provide that if the Department determines that real property has been divided in violation of the provisions of the Subdivision Map Act or the Subdivision Ordinance, all county officials are barred from willfully issuing a permit or license for use or construction or any other purpose in conflict with the provisions of subdivision law. (C.C.C. Ord. Code § 92-12.412) D. Enforcement of Zoning OrdinanceRegulations (C.C.C. Ord. Code 82- 2.006 The Zoning Ordinance provides for the following enforcement of its terms. 6 Planning and Zoning Ordinance Compliance Concerns Salisbury Island "No land in the unincorporated area of this county shall be used for any purpose not;,permitted under Divisions 82 and 84, nor shall any building or structure be erected, constructed, altered,'' moved or maintained contrary to Divisions 82 and 84. Any use of land, building- or structure contrary to Divisions 82 and 84 is unlawful and a public nuisance. On order of the board of supervisors, the district attorney shall commence an action for the abatement and removal of any such nuisance and for an injunction preventing the further unlawful'use of any land, building or structure violating Divisions 82 and 84. The remedies provided for in this section shall be cumulative and not exclusive. °' IV. Review of Pertinent General Plan Policies A. Land Use Designation The General Plan Land Use Plan 'designates'much of the portion of the County lying within the Delta, including the 17-acre Salisbury Island site; Delta Recreation and Resources. That designation is defined as follows: Delta Recreation and Resources "This land use designation encompasses the islands and adjacent lowland's of the San Joaquin Sacramento Delta, excluding Bethel Island and the community of Discovery Bay which have separate land use designations on the Land Use Map. Most of the lands designated Delta Recreation and Resources are within the 100 year flood plain mapped by FEMA, which means that the area is subject to periodic flooding. Many of theDelta islands, and the tracts adjacent to the Delta, are currently in agricultural production of dry grains and other special crops suited to the soils and climate, such as asparagus. There are limited public water or sewer services currently available to the area. The serious flooding danger in the area is due to`the possibility that bay and river waters will overtop the existing levees during periods ,of storms or other high water, as well as the possibility that portions'of the earthen levees may fail entirely during storms or earthquakes, resulting in the inundation of whole islands or tracts. The flooding danger is exacerbated by the effects of subsidence (sinking of Delta islands) and the rising ofglobal sea waters caused by the "greenhouse effect. " In 7 Planning and Zoning Ordinance Compliance Concerns Salisbury Island recent years, during 1973, 1980, 1983, and 1986 one or more Delta island levees failed or were overtopped, and some of these were summer breaks that did not occur at a time of high storm runoff. Some islands in the Delta have been flooded two or three times since 1980. Additionally, lands within this designation include lands with valuable wildlife habitat, some of which support species of ecological value to the County and the State. These areas are an important component of the Pacific Flyway, a major waterfowl migration route in North America. Public preservation of portions of these resources is encouraged by this plan. Private utilization ofthe`resources.is appropriate, ifthe activities do not harm the long-term resource value of the Delta. Due to their- proximity ,to the Delta waterways, these lands have potential recreational value. The purpose of the Delta Recreation and Resources designation is to balance the recreational opportunities of the area against the need to allow only low intensity uses which will not subject large numbers of residents or visitors to, flood dangers. Agriculture and wildlife habitat is to be considered the most appropriate use in the area, with limited recreation uses allowed which do not conflict with the predominant agricultural and habitat uses. The primary uses that are allowed in the Delta Recreation and Resources designation are those agricultural production and processing activities allowed in the Agricultural Lands designation, (including all land-dependent and non-land dependent agricultural production and related activities, and open space) Additional uses that may be allowed through the issuance of a land use permit include: marinas, shooting ranges, duck and other hunting clubs, campgrounds, and other outdoor recreation complexes. Conditional uses allowed in the Delta Recreation and Resources designation shall be limited to those; low- to medium-intensity establishments that do not rely ,on urban levels of service or infrastructure, i.e., a public water or sewer system, and which will not draw large concentrations of people to flood prone areas. Uses 8 Planning and Zoning Ordinance Compliance Concerns Salisbury Island' allowed within areas designated for.Delta Recreation and Resources shall be subject to the following standards; (1)the maximum permitted residential density shallbe one unit per twenty acres; (2)all recreational uses shall be accessible by a publicly maintained road; (3)any subdivision oflands shall include conditions of approval which conform with the requirements of the `Ranchette Policy, ' which is outlined in the "Agricultural Resources section of the Conservation Element; (4)development shall not bepermitted on lands designated byFFMA as flood-prone until a risk assessment and other technical studies have been prepared and have shown the risk is acceptable; (5)all approved entitlements (land use permits, tentative, final, and parcel maps, development plan permits, and variances) and ministerial permits (building and grading permits)shall conform to the requirements of the Floodplain Management Ordinance(County Ord. No. 57-45), which are incorporated into this General Plan by reference; (6)all entitlements'shall include conditions of approval which require that a flood prone area' notification statement be included in the deeds for all affected properties. The same notification statement shall be recorded on the face of all subdivision maps, along with the specific elevations that will be required of all new buildingpads and habitablefloors; and (7)dock and marina standards as described in policy 3-47. " The development and activities now present on Salisbury Island are,in conflict with, or inconsistent with,the Delta Recreation and Resources (DR) land use designation,because the development'and activities on Salisbury Island are of nature and character that are not the law intensity uses contemplated under this land use designation.The development on Salisbury Island constitutes a water oriented residential development with a density equivalent to 2.3 units per acre (39 units/1 7 acres). This density is equivalent to the Single Family Residential —Low Density(1.0-2.9 units per net acre)under the Land Use Element to the County General Plan. 9 Planning and Zoning Ordinance Compliance Concerns Salisbury Island B. Land Use Element Dock and Marina Policy "347. Docks and marinas permitted by the implementing zoning district shall be considered for approval in certain designated Delta Recreation areas based upon the following criteria: (a) where projects can be clustered and located adjacent to similar uses; (b) along waterways having an adequate channel width as defined by the State.Harbors and.Navigation Code; (c) in areas having adequatepublic vehicular access; (d) where off-site improvements, such as required access roads, can be assigned to development,- (e) evelopment;(e) where adequate on-site sewage disposal can beprovided; (f) where located in an area served by a public fire protection district; and (g) where such uses will;not conflict with adjacent agricultural uses.,„ C. Zoning Districts that ME Be Consistent with the Delta Recreation and Resources designation The Land Use Element provides that any of the three Exclusive Agricultural zoning districts (A-20 A-40, and A-80) are consistent with the Delta Recreation and Resources (DRR) designation. The Element also provides that the Planned Unit District may be consistent with the DRR designation. The zoning district that is currently applied to the site,General Agricultural, A-2,is not one of the zoning districts that could be found consistent with the DRR designation. The inconsistency is the result of an amendment to the General Plan. State law provides that in the event that a zoning ordinance becomes inconsistent with a General Plan by reason of amendment to the plan, the zoning,ordinance shall be amended within a reasonable time so that it is consistent with the General Plan as amended. [Gov't Code 65860'(c)] D. Urban Limit Line and Measure C-1990 Considerations 10 Planning and Zoning Ordinance Compliance Concerns Salisbury Island Salisbury Island is located on the outside of the UrbanLimit Line. The development and activities on Salisbury Island have all the characteristics of an urban use,which is inconsistent with its location on the outside of Urban Limit Line. It is imperative that the existing and illegal development and activities on Salisbury Island be considered in the context of the Urban Limit Line,65/35 Land Preservation Standard, and land use designations in the Land Use Element to the County General Plan. The establishment of the Urban Limit Line, community support for which was affirmed' by the voters in their adoption of Measure C-1990, is`an integral feature of the Land Use Element. The purpose of the Urban Limit Line is two-fold: (1)to ensure the preservation of identified non-urban agricultural, open space, and other areas by establishing a line` beyond which no urban land uses can be designated during the term of the General Plan, and (2) to facilitate enforcement ofthe 65/35 Land Preservation Standard. A number of factors were considered by the drafters of Measure C-1990 in determining land area to be located outside the Urban Limit Line including wetlands, and other areas not appropriate for urban growth because of physical unsuitability for development,unstable geological conditions,inadequate water availability, the lack of appropriate infrastructure, distance from existing development, likelihood of substantial environmental damage or substantial injury to fish or wildlife or their habitat, and other similar factors. No one criterion was necessarily determinative of whether land was located on the inside or outside of the Urban Limit Line. It is apparent that Salisbury Island,as with most of the Delta region except for Bethel Island,was placed on the outside of the Urban Limit Line precisely because it is remote from existing;,urban development, lacks appropriate infrastructure; there is no water available, and development would likely cause environmental damage. Measure C-1990 and the Land Use Element make it very clear that during the term of the General Plan land area located on the outside of the Urban Limit Line may not obtain a General Plan Amendment that would re- designate non urban uses to urban uses unless or until a boundary modification is made to the Urban°Limit Line to place the land area on the inside. The Urban Limit Line can only be changed by a 4/5 vote of the Board of Supervisors after holding:a public hearing and making at least one of seven findings, as defined in Measure C-1990, based on substantial evidence in the record.' 11 Planninand Zoning Ordinance Compliance Concerns Salisbury Island There is substantial evidence that the level of development and activities now present on Salisbury Island fall within the definitional tern of"urban use" as defined under Measure C-1990 and the Land Use Element. However, there is no evidence to date that the Salisbury Island property interests have sought the necessary change to the Urban Limit Line boundary that would allow these sort of urban uses on the island, E. Other Pertinent General Plan Policies Aside from the issues relating to consistency with Land Use Element, in particular policies relating to the Urban Limit Line, the development and activities now present on Salisbury Island are in conflict with or inconsistent with numerous goals, policies, and implementation measure in several' elements to the General flan, including Growth Management, Public Facilities /Services, Conservation, and Safety. Attached as Appendix I to this memorandum are excerpts of the General Plan text for the relevant section relating to Salisbury Island.An arrow on right hand margin points to where the development on Salisbury Island is either in direct conflict with, or inconsistent with the General Plan. There are 106 instances where the develo merit and activities on Salisb Island are in conflict with or inconsistent with the General Plan, V. Review of CDD Pile .Records The County first adapted and began administering a precise zoning ordinance in 1947. The structures on the island appear to have been largely established within the last thirty years. The type and intensity of development activity that is present would have required the granting of development permit applications and other related entitlement actions. Staff can find no evidence that any development permit application was granted or even filed for this site. VI. Meetings with Property, Owner on Potential for Allowing Existing Development to Remain Staff has met with the appellant on several occasions to discuss site conditions 12 Planning and Zoning Ordinance ComplianceConcerns Salisbury Island and what steps might be pursued to stop the proposed abatement action and to allow the existing development to remain. The appellant has discussed filing entitlement/development permit applications that would involve modifications to the existing site conditions. The appellant has discussed a proposed project that is sketchy in its form, characterized as much by what it would not be as by what it wouldbe. The appellant has described°,a project that: 1} Would not involve a subdivision; 2) Would attempt to work within existing General Plan policies (i.e. not require an amendment to the General Plan), 3) Would involve modifications to existing residences that would allow the County to determine that the modified structures would be allowable as a recreational facility, 4) Demonstrate compliance with Floodplain Management Ordinance requirements; and 5)' Provide for a community sewer treatment facility on the island VII. Discussion The following discussion reviews staff`s assessment of the site conditions compliance with zoning regulations, and with its consistency with General Plan policies and implementation measures. It also summarizes the entitlement actions that would be necessary before existing site improvements could be permitted. A. Violations of Land Use Regulations (Zoning Ordinance With the exception of one older (60+) residence whose establishment pre- dates the enactment of zoning and subdivision ordinance laws by the county, staff can find no legal authority for other existing newer development of the property that has occurred subsequent to the application of zoning restrictions to the site. 1 Uses Requiring a Land Use Permit Staff can find no land use permit having been filed or approved that would allow (a) More than one residence to be placed on the property, 13 Planning and Zoning Ordinance Compliance Concerns .Salisbury island (b} Commercial recreational facilities; 2. Water and Sewer Requirements - Staff can no evidence that the water and sewage systems that have been established for the existing development were done under a permit issued pursuant to the Zoning Ordinance and in compliance with the requirementsof the Health and Safety Code (Chapters 414-4 and 420-6). 3. Flood,la in Management Ordinance —Most of the development on the island requires compliance with the floodplain management ordinance including obtaining and complianceth floodplain permits. Staff can final no evidence of any floodplain permits having been applied for on this site. 4. Urban Development Outside of the Urban Limit Line —The existing level of development (39 dwelling units on 17 acre is approximately comparable in intensity to an urban land use category. Assuming that the net acreage for the site is equal to the gross acreage, the development yields a density level of 2.3 units per acre ( 9 units/17 acres). That density would be equivalent to the Single Family Residential —Low Density(1.4 2.9 units per net acre). By itself, that density level is not consistent with the 65135 Land Preservation Plan Ordinance for a non-urban land use designation outside of the Urban Limit Dine. 5. Mobilehome Placement— Staff can find no record of a request having been filed with the department or authorization for placement of mobilehomes or travel trailers on the site for purposes of occupancy. With the exception of the older residence whose age appears to pre-date the enactment of zoning and subdivision laws by the County, staff can find no evidence that other improvements (38 residences and mobilehomes, outbuildings and docks) have been lawfully established, and therefore constitute violations of the zoning regulations. B. General Plan Consistency Concerns Associated with Possible Entitlement Action Re nests Seeking.Retention of Existing Develo rnent and Activities Attached as Appendix I to this memorandum, is a review of the Salisbury 14 Planning and Zoning Ordinance Compliance Concerns SalisburyIsland Island Property Development in relationship to the Contra Costa County General Plan (1995-2010). Staff has evaluated and compared the existing level of development and activities on Salisbury Island, which includes 39 dwelling units on 17 acres, to the relevant goals, policies, and implementation measures contained in the Land Use, Growth Management, Public Facilities/Services; Conservation, and Safety elements. Appendix I includes an excerpt of the General Plan text for the relevant section relating to Salisbury Island. An arrow on right hand margin points to where the development on Salisbury Island is either in direct conflict with, or inconsistent with the General Plan. There are 106 instances where the development and activities on Salisbury Island are in conflict with the General Plan. C. Overview of County :Entitlement Actions Needed to Allow Existing Activities to Remain Notwithstanding the position of the appellant, it is staff's assessment that any proposal to retain existing structures (either as residences or other like activity)will require approval of an amendment to the General Plan. Listed below are the minimal County entitlement actions needed to allow existing (or similar) development conditions to remain General Plan Amendment: An amendment to the Land Use Element Map to re-designate Salisbury Island from Delta Recreation and Resources (DR) to Single Family Residential Low Density (SL), establish policies specific to Salisbury Island in the Land Use Element, and a boundary modification to Urban. Limit Line to place Salisbury Island on the inside of the Urban Limit Line. Rezoning: Rezoning of the Salisbury Island property to an appropriate residential based zoning district. It is likely that other entitlement actions may also prove necessary (e.g., subdivision, land use permits)': CEQA'Compliance: Prior to consideration of any approval of these actions, the project would need to comply with the review requirements of the California Environmental Quality Act (CEQA), and related State and County Guidelines. The purpose of the review is to document the direct and indirect impacts of the proposed project on the physical 15 Planning and Zoning OrdinanceCompliance,Concerns Salisbury Island environment. Almost certainly, this project would require preparation of Environmental Impact Report. The cost of preparation of the document would be the responsibility of the property owners, and payable prior to any commencement of the report preparation. D. Pertinent Findings for Entitlement Actions that Might Be Sought Appendix II contains pertinent legal findings that may apply to proposed development entitlements aimed at allowing existing development and land use activities on the island property to remain. E. Why Allowing Properly Owner an'Qppor unity to Try to File Entitlement Requests Would Not Be Appropriate We note that in the April 9, 2003 appeal letter,the appellant has objected to not being provided an opportunity to file"the necessary entitlement actions that could allow the existing site conditions and improvements to remain. When staff discovers a violation of the zoning ordinance, generally staff allows the property owner a choice of either (1) remedying the code violation or (2) providing the owner an opportunity to file for entitlement applications that, if approved, might allow the cited;activity to remain. However,in this instance,not only are there violations of the County Code, but the activities that are present are not consistent with the General Plan- goals, policies, and implementation measures that apply to that site. As noted above, the existing level of development (39 dwelling units on 17 acres) is approximately comparable in intensity to an urban land use category. The density would be equivalent to the Single Family Residential Low Density (1.0 —2.9 units per net acre). By itself, that density level is not consistent with the 65135 Land Preservation Plan Ordinance for a non urban land use designation outside of the Urban Limit Line, which in this case is Delta Recreation and Resource(DR). The development on Salisbury Island is inconsistent with, or conflicts with,more than 100 goals,policies, and implementation measures contained in the Land Use, Growth Management,Public Facilities Services,Conservation,and Safety elements to the General Plan. 16 Planning and Zoning Ordinance Compliance Concerns Salisbury Island' As established under the California Government Code and numerous court decisions, a land use entitlementapproval must be consistent with the General Plan. The only way a land use entitlement can be approved for the development and activities on Salisbury.Island is to reconcile the inherent pattern of inconsistency or conflict with the County General Plan. This would require the consideration of a General Plan Amendment. A General Plan Amendment is deemed to be legislative act under California law, and, therefore, only the Board of Supervisors`may initiate or authorize a study to amend the County General Plan. It would be inappropriate to accept an application for a land use entitlement until such time as the Board has authorized General Plan Amendment study. The authorization of General Plan Amendment study that would consider allowing an urban use on Salisbury Island and a corresponding boundary change to the Urban Limit Line is a very significant policy matter for the Board of Supervisors. The project would run counter to the weight of General Plan policies that apply to this area. It would be inappropriate for the Community Development Department to accept an application for a land use entitlement on Salisbury Island until the Board of Supervisors provides direction on the fundamental policy of question of allowing what are essentially urban land uses on this and other islands in the Delta region. VIII. Conclusion In view of the above factors, staff concludes that the existing development violates a number of provisions of the zoning ordinance. Moreover, any proposal aimed at retaining major improvements that have been established to date would conflict with, and require an amendment to, various fundamental General Plan goals and policies (Land Use, Growth Management, Public Facilities/Services, Conservation and Safety). For example,we understand that the Central Valley Regional Nater Quality Control Board would only consider the type of sewage system(community) if it were maintained and operated by a public agency. The appellants have not identified a public agency in the area that is willing or capable of operating the proposed community sewer treatment facility. Incorporation of, or annexation to, a public agency service district would conflict with the 17' Planning and Zoning Ordinance Compliance Concerns Salisbury Island Growth Management policies and ordinance. Further, the ..Delta Recreation and Resource, General Plan designation requires that proposed development extend a public road(including bridge) to:the site; the appellant has indicated that..their project would not need to meet that criterion, but has not explained why their project should not be subject to this criterion. At best,a General Plan Amendment study, including;;CEQA review,would prove costly to the property owners. Even if one were conducted, there is a high probability that after considering all relevant factors, no 'substantial evidence could be provided that would support the necessary findings for amending the General Plan(e.g.,in particular,the boundary modifications to the Urban Limit Line).. The health and safetyhazards that have been reported by the Health Services Department and the East Contra Costa Fire Protection District (e.g., polluted water, emergency access) are also a:concern. In order to protect the public health and safety, these hazards should be remedied as soon as possible. Based on these concerns, staff sees no reason to forestall the proposed abatement action and does not support the granting of the appeal of the property owners. Att, Figures 1—Relationship of Salisbury Island to General Plan"Non-Urban Designations"and Urban Limit Line 2— Relationship of Salisbury Island to County Zoning Districts&Urban Limit Line 3 - Zoning Map 4- CDD Records(Assessor's)Mag General Agricultural,A-2,zoning district Appendices I Pertinent General Plan Policies H-Pertinent Legal Findings for Entitlement Actions That Might Be Sought Cc: Dennis Barry Catherine Kutsuris Telma'Moreira County Counsel File G:\Current Planning\curr-plan\Staff Reports\zi029744 b.mem.doc PR/RD 18 3121103 DRAFT 3 Oy res etvik SALISBURY ISLAND AMENDED AND RESTATED DYLAWS F: LMELl348S4\Art"dcd&Restated Bylaws-March 2003.wpd Table of Contents ARTICLE I . . . . . . . . . . . . . . . . . . 1 General Corporate Matters,Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II . . . . . . . . . . . . . , . . . . . . . . 3 Corporate Powers and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Election to Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE V . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Admission Fees, Assessments., and Dues; Miscellaneous Rights & Obligations . . . . . . . . . . . . . . . 5 ARTICLE VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Transfers and Terminations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Guests and Visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Meetings of Members,Nominating Committee,Annual Election . . . . . . . . . . . . 9 8.1 Annual Meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8.2 Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8.3 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8.4 Adjournments . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8.5 Action Without Meeting/Ballots . . . . . . . . . . . . . . . . . . . . . . . . , 10 8.6 Voting Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 $.7 Members'Proxy Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Organization of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 12 Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . 12 ARTICLE XI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 FACLMEW485AAmcnded&Restated Bylaws-March 2003.wpd -1- ARTICLE XII . . 13' Amendment of Bylaws 13 ARTICLE XIII 14 Indemnity of Directors, Officers and Employees; Insurance Coverage 14 ARTICLE XIV 14 Books, Records, and Reports . 14 ARTICLE XV 15 Liquidation 15 ARTICLE XVI . . . . . 16 Interpretation . . . . 16 ARTICLE XVII 16 Supersession 16 FACLMEL\348541Amended&Restated Bylaws-March 2003.wpd -11- SALISBURY ISLAND AMENDED AND RESTATED BYLAWS ARTICLE I General Corporate Matters,Definitions 1.1 Name and Location.The name of this corporation shall be as set forth in its Articles of Incorporation,to wit: "SALISBURY ISLAND" (the "Corporation"). Its principal place of business shall be ,California. The Board of Directors is granted full power and authority to change the principal office of the Corporation from one location to another in the County of San Joaquin, California. Any change of address will be noted by the Secretary in these Bylaws,but will not be considered an amendment of these Bylaws. 1.2 Purpose. The purpose of the Corporation is to foster the enjoyment of water orientated recreation,related sporting and social activities,to encourage safety and practices consistent with the;preservation of ecological systems in the greater San Joaquin River Delta;to provide a meeting place for the members;to assist in the mutual exchange of ideas and the development of common interest with respect to water orientated recreation; to promote social activities among the members; to gather and disseminate such information as the members may desire and to aid them in the pursuit of water orientated recreational activities; and to encourage an intellectual and educational contact among the members of this Corporation and the members of other associations devoted to similar pursuits.. The Corporation is without capital stock. The Corporation is a nonprofit mutual benefit corporation, governed by the California Nonprofit Mutual Benefit Corporation Law. 1.3 Anti-Discrimination. In no event shall any ofthe goveming instruments or policies of the Corporation, including without limitation, these Bylaws and any criteria for Membership in the Corporation as determined by the Board or otherwise,discriminate in any manner against any party by virtue of race,color,ancestry,national origin,religious creed, sex,sexual preference,disability or marital status. 1.4 Definitions. As used in these Bylaws: a. "Admission Fee means the full purchase price of a Salisbury Island Membership. b "Assessments"means levies which may be made on Members in addition to the following: any charges made for use of the facilities of the Corporation,the privileges pertaining thereto,and to any Dues fixed by Corporation as an incident to Membership. C. "Board"means the Board of Directors. FACLMEW485AAmended&Restated Bylaws-March 2003.wpd - - d. "Capital Project(s)" means any permanent addition to the Corporation's facilities that results in expanding existing facilities or creates new facilities. e.! "Code"means the California Non Profit Mutual Benefit Corporation Law,and any revisions thereto. f, "Corporation" means "Salisbury Island." g; "Director(s)"means the individual members of the Board of Directors. h. "Dues" means the sums periodically fixed by the Board to be paid by a Member so aslo remain a Member in GoodStanding. i. "Family"means the spouse and unmarried children ofa Member whose names have been registered with the Secretary of the Corporation. Any reference'to"children" or a "child" of a Member shall mean only a Member's biological, step or legally adopted children who are unmarried, and whose age is 26 years or less. j "Pees"'means any charge made for the use of the Grounds of the Corporation, or any part thereof,or any ether charge not otherwise included within the scope of Dues'and Assessments, as defined herein. k "General Mules"means the General Rules ofthe Corporation as the same may be amended by the Board of Directors'from time to time. 1. "Grounds"means the real property owned by the Corporation and commonly known as Salisbury Island, located in. "Member" or "Member(s) of the Corporation" means persons holding the Membership in the Corporation as provided'for by these Bylaws. U. "Member in Good Standing" means a Member'who has duly qualified for Membership, is not delinquent on Dues, Fees or Assessments,and is not the subject of a disciplinary proceeding under these Bylaws. o. "Membership Certificate" means the certificate to be issued to a Member of the Corporation. p "Privileges of the Corporation"means the right to use the Corporation grounds and the right to invite guests,as described in these Bylaws or the General Rules FACLMEUM54\Amended&Restated Bylaws-Mamh 2003.wpd -2- ARTICLE II Corporate Powers and Management; 2.1 Powers;Management. The corporate powers and management of this Corporation shall be vested in a board of three(3) directors,each of whom shall be a Member in Good Standing and a resident of the State of California. AR'T'ICLE III Membership 3.1 General. The Membership;of this Corporation shall consist of those persons who shall have been duly elected as Members in accordance with the provisions ofthese Bylaws. A person shall become a Member in Good Standing when he or she has paid the Admission Fee and other Fees as the Board of Directors may from time to time prescribe, and the ;payment of these Fees shall constitute an assent to these Bylaws. 3.2 Membership. There shall be but one class of Membership in this Corporation, which shall consisting of no more than Members. A Member'and his/her Family shall be entitled to all of the Privileges of the Corporation.Spouses and children may not vote or hold office. a. Fees and,Dues. Persons elected to Membership shall pay the Admission Fee and other Fees and Dues as is determined by the Board. b. Assessments. Members are subject to Assessment as described in Section 5.2 below. On a vote for an Assessment, a Member is entitled to one vote. c. Membership Certificate.cate. Upon payment of Admission.Fee and other Fees as determined by the Board,the Corporation may issue:membership certificates. d. Termination; assignment of Rights. Termination of any Membership by resignation, death, or otherwise shall operate as an unconditional assignment to the Corporation of all the rights, title, privileges and interest of the Member in and to the property and Privileges of the Corporation, except as may herein otherwise be expressly provided. e. TransferRights.Only Members in Gadd Standing can transfer their Memberships. Any such transfer must be in accordance with the provisions of Article VI. f. Limitation of Transfer Rights. Memberships are not transferable other than to the following: a surviving spouse; a surviving spouse's husband/wife after remarriage; a Member's spouse pursuant to an Interlocutory or Final Judgment of Dissolution; to a F:1GLIviEL\34854\Amended&Restated Bylaws-March 2003.wo -3- Members child, or step;child'who is at least twenty-one (21) years of age subject to complying with the provisions of Article IV,and Article VI,paragraph b.1(f); or to a trust, prodded said trust meets the requirements set forth in subsection(i)below. (i.) Without payment of a Transfer:Fee,an individual Member may transfer legal title of the Membership to a trust for the Member's benefit so tong as the trustee shall' held such Membership pursuant to all of the provisions hereof, and shalt agree in writing to be bound to all the terms and conditions of these Bylaws and the General Mules,as they would apply to the Member, and shall further agree that the beneficial use and,enjoyment of the Membership shall remain with the Member only and to rake no further transfers other than as herein provided. (aa.) Upon the dissolution or termination ofa trust that holds legal title to a Membership,legal title to the Membership must be restored to the individual Member. Anyz trust that holds legal title to a Membership for the benefit of the Member may restore" legal title of the Membership to the individual Member without a'Transfer pee. (bb.) Upon the death of the Member,the Membership held by a trustee shall be transferred and sold as provided in Article"VI. (cc.) In the event that anyone other than the original Member claims or purports to succeed to any of the rights of Membership by operation of the trust or otherwise, the Board of Directors, ',in Iits: sole discretion, may cancel the Membership Certificate pursuant to Section 6.2, or deem said event to be a transfer,or gale of the Membership to such person, which shall be subject to all of'the, terms, conditions and restrictions in time Bylaws pertaining to transfers or sales of Memberships,including,but not limited to,the provisions of Article VI. 3.3 Listing. Memberships offered to the Corporation for sale and transfer shall` be listed in accordance with the date of their submission in writing to the Corporation.The Board of Directors shall have at all times the power to prescribe the terms and conditions under which'such Memberships may be re-listed for sale and transfer after having been withdrawn from the listing by a Member. ARTICLE IV Election to Membership 4.1 Application. Any person desiring to become a Member of the Corporation shall submit to ithez Board of Directors an application,in such form as the Board shall prescribe.. 4.2 Application Procedure, The application shall be accompanied by the Admission Fee and any Assessment that may be payable. The Board of Directors shall investigate the FACILMHU34854NAmended&Restated Bylaws March 2003.").d -4- desirability ofthe applicant as a Member. After investigation,the Board shall mare the final decision on the application for Membership, in its sole discretion. The application reciting the name of the applicant and;his or her sponsor(s)shall be posted on the bulletin board of the Corporation for at least ten(10)days before final action by the Board of Directors. Any concerns the Members have with the applicant shall be brought to the attention of the Board of Directors. ARTICLE V Admission Fees, Assessments, and Dues;Miscellaneous Rights& Obligations 5.1 Establishment of Admission;Fees, other Fees, and Dues. Except as otherwise expressly provided,the Board shall have the power to establish Admission Fees,to increase or decrease Admission Fees,and other Fees and Dues. 5.2 Assessments. The Board shall have at all times the power to assess Members Dollars($ .fl4),in any given fiscal year,and to prescribe the terms under which the Assessment is to be paid. 5.3 Monthly Statements. The Treasurer shall cause to be mailed to each Member,not later than the tenth(1 U th)of the month,a statement of indebtedness showing Dues,which are payable in advance,and past month's charges.The obligation to pay Dues commences on the fust day of the succeeding month in which the Member was elected.All indebtedness to the Corporation shall be due and payable on the last day of the current month. Should payment not be made by the last day of the current month, a Member shall be deemed delinquent and a delinquent charge, the rate to be fixed;from time to time by the Board of Directors, but not exceeding the maximum amount allowed by law, will be assessed until the delinquent amount has been paid. Waiver©,'Dues. The Board may, in its sole discretion, temporarily waive the obligation of the payment;ofDues of any Member for good cause,including,but not limited to, absence of the Member from the state, or incapacitation by illnes&,or injury, without impairing the Member's rights in his or her Membership. 5.4 Delinquency Policy. In the event the Member's account has not been brought current within fifteen (15) days of notice of the delinquency, the Member shall be subject to suspension or expulsion,in accordance with Section 62,below. 5.5 Notice. Notice of any kind required to be given to any Member by these Bylaws shall be conclusively deemed to have been given by depositing in the united States mail a scaled envelope,postage prepaid,containing the notice,addressed to the Member at the last address;given by the Member as shown on the books of the Corporation. FACLMEL134854\Amended&Restated Bylaws-March 2003.wpd -5- 5.6 Change of Address. All Members shall immediately notify the Secretary of any change of address,and failure todo so shall be deemed as waiving any notice provided for by the Bylaws and General Rules of the Corporation. 5.7 Nonex+ciusive Rligltt to Use of Grounds,, All Members and other persons coming upon the Grounds of the Corporation shall be subj ect to the General Rules and other regulations pertaining to the use ofthe Grounds as the ward shall deem proper,and as may be amended by the Board,from time to time, in its sole discretion. Members have non-exclusive rights to use of the Grounds of the Corporation. No Member shall at any,time have the right to exclusive use ofthe Grounds or any part thereof. Members may not, without the approval of the Board, cause any structure or personal property to be placed on the Grounds of the Corporation. Removal of Structures, etc.; Obligations;Fees and Costs. The Corporation may,on reasonable advance notice, require any Member to remove any structure and/or personal property placed on the Grounds or any part thereof by any Member and/or his/her predecessors in interest. The foregoing notwithstanding, any structure land/©r personal property that is the subjectof an abatement order shall be removed within the time stated in the order. If a Member fails to comply with a notice and/or an abatement order to remove any structure or personal property,the Corporation may cause the structure and/or personal property to be removed from the Grounds and disposed of in accordance with law. In'that event, the Member shall reimburse the Corporation all costs and expenses incurred to remove and dispose of the structure and/or personal property,'including but not/limited to storage costs,penalties, and reasonable attorneys''fees incurred to enforce this provision. 5.8 Prohibition on Hypothecation. No Member may pledge,hypothecate or otherwise encumber his/her Membership,whether voluntarily or involuntarily,and any action violating this prohibition shall be null and void, .ARTICLE VI Transfers and Terminations 6.1 Transfer of Membership. a. No sale or transfer of any Membership may be trade other than through the Corporation pursuant to these Bylaws; No Member of the Corporation shall advertise or permit his Membership to be advertised for sale.Any Member violating this provision shall be deemed guilty of conduct injurious to the best interests of the Corporation and shall be subject to suspension or expulsion by the Board. FAClJAELl34854\Ar coded 8c Restated Bylaws-March 2001m)d -6- b. Only a Member in Good Standing may sell his or her Membership. The sale shall not take;effect until approved by the Board,in its sole discretion,and until the purchaser has paid an Admission Fee to the Corporation. C. Pursuant to the transfer provisions.set forth in Article III, only Members in Good Standing can transfer their Memberships.No transfer shall be effective if two negative votes by the Directors are recorded against the proposed transfer. d. Should any Membership be sold or transferred other than as provided for in these Bylaws,the Board may,upon compliance with the provisions set forth in Section 6.2 below, terminate the Membership. This termination shall operate as an unconditional assignment to the Corporation of all rights and privileges associatedwith the Membership, and any Membership Certificate relating thereto shall immediately become the property of the Corporation. e. A Membership may,with the prior approval ofthe Board,which approval may be given or withheld by the Board in its sole discretion, and without the payment of a Transfer Fee,be transferred to a surviving spouse,the husband/wife of a surviving spouse after remarriage, or the Member's spouse pursuant to an Interlocutory or Final Judgment of Dissolution. The surviving spouse,or a Member's spouse receiving the Membership through Interlocutory or Final Judgment of Dissolution,shall have ninety(90)days to elect to dispose of the Membership pursuant to these Bylaws,or to retain it. (i.) During said ninety(94)day period,and provided the Membership is not used,there shall be no Dues charged against said Membership. (ii.) A surviving spouse or a spouse receiving the Membership pursuant to an Interlocutory or Final'Judgment of Dissolution may (aa) endorse the Membership Certificate relating thereto and deposit it with the Secretary for sale, or(bb) request the Membership and the Membership Certificate be transferred to his or her name as a Member. f. A Membership and any related Certificate may be transferred to a;Member's child or stepchild who is at least twenty-one (21) years of age, provided such child has complied with the provisions of Article IV,except that the Admission Fee to accompany the application shall be the same as the Transfer Fee the Corporation would receive at the time if the Membership were sold pursuant to this Article. g. In the event a deceased Member has no"surviving spouse, or no child or stepchild who is at least twenty-one(2 1)years of age to whom the deceased has bequeathed the Membership,or,if no election to retain the Membership or to dispose ofthe Membership FACLMEL\34854Wmended&Restated Bylaws-March 2003.wpd -7- under paragraph (e) above is madewithin ninety (90) days of a Member's death.., the 'Iembership will be purchased by tl a Corporation by payment to the deceased Member's estate of A nominal amount,e.g.,$100.00?-04 A sum equivalent to the price he paid to join? Or a percentage thereof?]] (i.) In the event the Membership is,filled,the Corporation may,at its option,' delay purchase of the Membership until a vacancy occurs. At that gine, the deceased Member's Membership Certificate will tale priority over other Membership Certificates held- by the Secretary for sale. (ii.) .All Fees,Dues and Assessments must be paid by a deceased Member's estate until his or her Membership is'purchased as described in this Section. h. In the event the number of Memberships for sale exceeds the demand,' Memberships will be s6l&in the sequence in which such Memberships have been placed with the Secretary for sale,subject to theprovisions of Subsection g,above. b,2 SuspthiWIVEXPUlsion Procedures. On a determination by the Beard that a Member should be suspended or expelled, or his or her Membership terminated or :sus &41 the following shall occur: a. A minimum of 20 clays prior notice! of the expulsion, suspension or termination,and the reasons therefor,shalt be given to the Member by the Secretary of the Corporation by first-class or registered mail,sent to the last known address of the Member, s shown on the records ofthe Corporation'.The notice period shall commence to run on the date of mailing,ofthe notice. If the Member des'not pay the Dues,or otherwise contact the Corporation within ten(10)days ofd to ofthe notice to protest the action,the Member shall be removed hmn the Membership. b. If the Member timely files'a protest,the Member shall be given an additional five(5) days 10present an oral or written explanation/objection to the Board at a meeting; which shall be held not less than three (3) days before the effective date of the proposed action. At such meeting, the Member shall have the right to appear in person,to have the complaint read in the Member's presence, to be confronted with the evidencelwitnesses against the Member, to cross examine and to obtain the identities of any complaining witnesses whose information is being used as a basis for the discipline, and to present evidence in the Member's behalf. C. Following the hearing, or review of the written explanation/objection, the Board shall determine by.amajority vote whether the proposed suspension, expulsion,or termination should be effected or whether the accused Member should be sanctioned in some other manner, provided, however, that no Member shall be expelled, nor shall the accused's Membership be suspended for a period in excess of sixty(60)days,except upon r:\eL MEL\34854\Ammded&Ratated Bylaws-March zoos. -8- the affirmative vote of a majority of the Board. The Board shall notify, the Member accordingly.The determination ofthe Board shall be final.Any Member who fails to comply with the terms of the Board's determination shall automaticallycease to be a Member of the Corporation, 6,3 Resignation;; Payment of Indebtedness. Although any Member may at anytime resign Membership,the resignation shall not be accepted until theMembefs indebtedness to the Corporation has been paid. Accompanying the resignation,' any Member may in writing offer to transfer` to the Corporation, or to the Secretary thereof, his or her Membership, and the Corporation may purchase and pay for such Membership, on the affirmative vote of a majority of the Board, from the funds of the Corporation, and thereupon hold the Membership as an asset of the Corporation,to be sold and transferred as the Board may decide: Upon the refusal or neglect of the Board to purchase the Membership within thirty (30)days after notice of intent has been filed with the Secretary,and if the Membership of the Corporation is filled, the Member may leave the'Membership Certificate with the Secretary until it is either taken up by the Board or by a newly elected Member. Although the Members resignation shall'operate to transfer to the Corporation all the rights, title, privileges, and interests of the Member in and to the property of the Corporation,all Dues' must be paid monthly by the resigning Member until his or her Membership Certificate is taken up as described in this Section. ARTICLE VII Guests and Visitors 71 Guest Privileges. Members may invite guests to enjoy the Grounds to the same extent as their Membership entitles them to use the Grounds. The Board shall, from time to;time,prescribe rules and regulations relating to guest privileges. However, in no event may any guest enjoy the Grounds of the Corporation more than six(6)times a year,except on the approval of the Board of Directors. ARTICLE VIII Meetings of Members,Nominating Committee,Annual Election 8.1 Annual Meeting. The fiscal year of the Corporation shall begin 1,and end 3 . A regular meeting of the Members of the Corporation shall be held annually on the first (Ist) Saturday in September of each year, at 4.00 p.m. at Notice of the time and place of Ahe regular meeting shall be given by the,Secretary by mail not less than 10 nor more than 90 days before the date of the meeting. FACLMEL1348541An=ded&:Restated Bylaws-March 2003.wpd -9- At the regular meeting a report shall be made by the Commodore concerning the accounts and general condition of the Corporation,and such general business may be transacted as the Members present may deem fit. 82 Special Meetings. Special meetings of the Members of the Corporation maybe called at any,tune by the gots of the Board. Special meetings shall be called by the Board upon written application therefor by five percent (5%) of the Membership of the Corporation.Notice of special meetings shall be given in the same manner as provided for notices of the annual meetings,not less than 1 f 3 nor more than 90 days before the date ofthe .meeting, but in addition :must specify the object of such a meeting.No business shall be transacted at a special meeting of the Members except that whichhas been specified or directly referred to in the notice of the special meeting. 83 QuorhM a. Subject to the exceptions set forth in Section 7512 of the California Corporations'Code, as that section now exists or may hereafter from time to time be amended, at all meetings of the Members, whether regular, special or adjourned, the presence in person of one-third (1f3) of the Members shall constitute a quorum for the traction of business. b. The Members present at a duly coed or held meeting at which a quorum is present may continue to transact business until adJ ournment notwithstanding the withdrawal of enough Members to leave less than a quorum,if any action(other than adjournment)is approved by at least a majority of the Members required to constitute a quorum. 8A Adjournments. Any business that might be done at a regular meeting of the Members may be done at a special or at an adjourned meeting.If no quorum be present at .any meeting of the Members,the meeting maybe adjourned by those present from day to day or from time to time until a quorum'be obtained. In that case,no notice need be given of the adjourned meeting. 8.5 Action Without Meeting/Ballots. a. Any actionrequired or permitted to be taken at any regular or special meeting of the Members may be taken without a meeting if the written ballot of every Member entitled to vote is solicited, if the required number of signed approvals in writing setting forth the actions so taken is received, and if the requirements of Subsection d below, are satisfied. b. All solicitations of ballots shall indicate the time by which the ballot mast be returned to be counted. FACIMEI\34854\AAtt ded&Restated Bylaws-Mamh 2003.wpd -10- C. The ballots are to be received by the Secretary at the principal place of business of the Corporation. The Commodore shall appoint three (3) judges from the Members of the Corporation at large to supervise the ballot count and report to the Commodore in writing the results of the ballot. d. Approval by written ballot pursuant to this Section shall be valid only when the number of ballots cast on or before the time the ballot must be returned to be counted equals or exceeds the quorum required to be present at a meeting authorizing the action,and the number of approvals equalsor,exceeds the number of votes that would be required to approve the action at a meeting at which the total number of votes cast was the same as the number of ballots cast. 86 Voting Rights. Only Members in Good Standing, whose names stand on the Membership records of the Corporation on the day of any meeting of Members, shall be entitled to vote at any meeting of the Members. 8.7 Members' Proxy Rights. Members entitled to vote have the right to vote either in person or by a written proxy signed by that Member or his or her duly authorized agent and filed with the Secretary of the Corporation,except as otherwise expressly provide&in the Articles`of Incorporation or these Bylaws. However,a proxy is not valid after the expiration of 11 months from the date of its issuance unless otherwise stated in the proxy. The maximum term of any proxy is 3 years from the date of its execution. Every proxy continues in full force and effect until revoked by the person executing it before the vote. ARTICLE IX Organization of the Board 9.1 Term. Directors shall serve for aperiod of one(1)year or until their successors shall have been elected.; 9.2 Regular Meetings. Regular meetings of the Board shall be held without call or notice immediately following each annual meeting of the Members of the Corporation. 9.3 Special Meetings. The Commodore shall have the power to call special meetings of the Board at any time upon four(4)days'notice given by the Secretary,by mailing to each Member of the Board a novice of the time and place,and any business may be transacted at this special meeting.The Commodore shall call a special meeting of the Board upon written' request of two (2)Directors. 9.4 Quorum. Two (2) Directors shall constitute a quorum for the transaction of all business at all regular and special meetings of the Board. F:\CLMELl348541Ammded&RestatW]Bylaws-March 2003.wpd` -11- 9 5 Powers of the Board. The Board shall have full power to'elect and remove,in its sole discretion, all officers, agents and employees of the Corporation, and shall have full' power to prescribe their functions and duties,fix their compensation and require from them security as it shall deem expedient for the faithful performance of their services. The Board may exercise all of the powers possessed by this Corporation in the Articles of Incorporation and to do and perforin every act and thing whatsoever which may by law:be given.to the Board to pertain to the office of Directors. The Board shall have the authority to make all expenditures necessary in order to maintain the quality of thet Corporation and its operations and/or to bring the Corporation into compliance with local, state and federal law. The Beard shall have the power to make rules and regulations for the government of the officers and management of the Corporation and its proprrty,and to do any other act or thing,not inconsistent with these Bylaws,convenient,necessary,or essential for the purpose of executing''or accomplishing any of,the purposes of this Corporation. 9.6 `vacancies. Vacancies in the Board, except vacancies created by the removal of a Director by tho Members,and vacancies in the offices of the Corporation,shall be filled by appointment made by the Board,and the Director or officer so appointed shall hold office during the unexpired term of his predecessor. 9.7 Removal of Directors. Any member of the Board may be-removed from office in the manner provided by law. ARTICLE X Officers 10.1 Election of Officers. The newly-elected Directors shall,by majority-vote,at the first meeting of the Board following the elections of Directors,proceed to elect,by secret ballot, the Commodore, Vice Commodore, Secretary, and Treasurer, who shall constitute the officers of the Corporation. All officers shall hold office for one (1) year or until their successors are elected and qualified. 10.2 Commodore. The Commodore shall act as general manager and chief executive office of the Corporation,shall preside at all meetings ofthe Board and ofthe Members,and shall have general charge and supervision of the enforcement of all Bylaws,general Rules: and regulations of the Corporation existing, or hereafter adopted.The Commodore shall' appoint all committees provided for by these Bylaws or that may hereafter be provided for, except as otherwise provided for in these Bylaws. The Commodore shall have the power to call meetings, as provided for in these Bylaws. The Commodore shall be an ex-officio F:\cLMEL\348541Arnended&Restated Bylaws-March 2€w.wo -12- member of all;committees and shall have general and complete supervision over all the affairs of the Corporation and all ofthe employees and agents thereof:The Commodore shall' sign all written contracts and other instruments in writing entered into by the Corporation, and the Commodore shall have such other powers and duties bestowed upon him/her by the Membership or by the Board, or by the provisionsof the Code. 10.3 Vice Commodore. The Vice Commodore shall perform all the duties imposed,;and shall have all the powers conferred upon the Commodore udder these Bylaws when for any cause the Commodore is unable to act. If both the Commodore and Vice-Commodore are absent or unable to act, the Board shall designate one (1) of its members' to act as Commodore,and the acting Commodore shall perforin the duties and have all the powers' of the Commodore hereunder. 10A Secretary. The Secretary shall keep a correct record of all the proceedings of the Board and meetings of the Members, and shall have custody of the corporate seal. The Secretary shall,together with the Commodore,sign all written contracts entered into by the Corporation,unless some other person shall be authorized to act by order of the Board.The Secretary shall perform such duties as may be required by the Board. 10.5 Treasurer. It shall be the duty of the Treasurer,under the direction ofthe Board,to designate the depository of all money of the Corporation,to receive all money coming to the Corporation from any source,give a monthly and annual accounting,and perform such other duties as maybe, from time to time, imposed upon the Treasurer by the Board.. 10.6 Secretary and Treasurer. The same person may at any time hold the office of Secretary and the office of Treasurer. ARTICLE XI Committees 11.:.1 Committees. The Commodore of the Corporation shall appoint annually,with the approval of the Board,such committees as the Board deems necessary. The Commodore shall bean ex-officio member of each committee. ARTICLE XII Amendment of Bylaws 12.1 Amendment to Bylaws. These Bylaws may,be amended or repealed,and new or additional bylaws adopted, by approval of the outstanding Members, or, subject to any restrictions imposed by the Articles of Incorporation on the power of the Board to adopt, FACLMEL\34854\A=nded&Restated Bylaws-March 2003.wN -13- mend or reheat bylaws,by approvalofthe Board,subject to the restrictions and,exceptions provided in Section 7150 of the Code. ARTICLE XIII Indemnity of Directors,Officers and Employees;Insurance Coverage 13.1 Indemnification of erectors and Officers. Subject to any; requirements or limitations described in Section 7237 of the Code,the Board shalt indemnify each present or former Director and officer of the Corporation, or the esta#e, executor, administrator, heirs, legatees or devisees of`such person,with respect to any pending or threatened;legal action or other proceeding respecting an act alleged to have been committed by such person` white a Director or officer,against all costs and expenses(including attorneys'fees)relating thereto,to the fullest extent and in the most favorable manner as permitted by applicable law. 13.2 Indemnification of Employees and Cather Agents. Subject to any requirements or limitations described in Section 7237 of the Code, the Board may, in its sole discretion,; indemnify any present or former employeeor other agent of the Corporation,or the estate, executor administrator,heirs,legatees or devisees of such employee or agent,with respect to any pending or threatened legal action or other proceeding respecting an act alleged to have been committed by such person while an employee or other agent,against all costs and expenses (including attorneys' fees)related,thereto, if so permitted by applicable lave. 13.3 Insurance.'The Board may authorize the purchase and,maintenance ofinsurance on behalf of any present or former Director, officer, employee or other agent of the Corporation,or the estate,executor,administrator,heirs,leggy or devisees of such person, against any liability asserted against or incurred by such Director,officer,employee or other agent in such,capacity or arising out of such status,to the extent and in the manner permitted by applicable law. ARTICLE XIV Books and Records. 14.1 Books,Records,and Reports. a. The Board' shall cause to be maintained adequate and correct`records of account and minutes of the proceedings of the Members and the Board.The,Corporation shall also keep a record of its Members giving their names and addresses.The minutes shall be Dept in written form. Books and records shall be kept in either written form or in any other form capableof being converted into written form. p":CWEL34854Wmended&Reatated;Bylaws-Match 2003.wpd ''-1 - b. The Articles and Bylawsof the Corporation(as amended from time to tune), the accounting records and books of the Corporation,and the minutes of the proceedings of the Members,°the Beard and committees of the Board, shall be kept at the Corporation's principal office, and shall be open to inspection on the written demand of any Member, at any reasonable time during usual business hours,,for a purpose reasonably related to the> Member's interests as a Member. The inspection may be made in person or by an agent or attorney,'and shalt include the right to copy and make extracts, at the Member's expense. C. Each Director shall have the absolute right,at any,reasonable time,to inspect all books,records and documents of the Corporation and the physical properties owned or controlled by the Corporation. The right of inspection by a Director includes the right to make extracts and copies of documents, 14.2 Annual Reports, The Board shall cause an annual report to be prepared within 120 days after the end of the Corporation's fiscal year. That rreport shall contain the following information in appropriate detail; a. A balance sheet as of the end of the fiscal year, an income statement, and a, statement of changes in financial position for the fiscal year,accompanied by an independent accountants' report or, if none, by the certificate of an authorized officer of the Corporation that they were prepared without audit from the Corporation's books and records;and b. A statement of the place where the names and addresses of current members are located; and C. Any information required by Section 14.3 of these Bylaws. Corporation shall annually notify each Member of the Member's right to receive a copy of the financial report under this Section. On written request by a member,the Board shall promptly cause the most recent annual report to be sent to the requesting Member. This Section shall not apply if the Corporation receives less than $10,000 in gross revenues or receipts during the fiscal year. 14.3 Annual Statement of Certain Transactions and Indemnifications. The Corporation shall furnish:annually to its Members,within one hundred twenty(120)days after the close of the Corporation's accounting year, a statement of any transaction or indemnification described in Section 8322(d) and (e) of the Code,'if such transaction or indemnification took place. ARTICLE XV FACLMEL\34854\Arnended&Restated Bylaws-March 2003.wO -15- Liquidation 15.1 Distribution of Assets. Upon dissolution of the Corporation and following satisfaction or discharge of all Corporation liabilities and obligations,the remaining assets shall be liquidated and/or distributed among the Members in accordance with their' respective rights therein. ARTICLE XVI Interpretation 16.1 Interpretation. The Board is empowered to adoptpolicies to implement and enforce these Bylaws and to interpret them, and its decision shall be final. The masculine form of pronouns, as used in these Bylaws,if applicable as shown by the text of the Bylaws,also applies to a female person and singular includes plural whenever the context so requires. Captions and headings'contained in these: Bylaws are inserted only as a matter of convenience and in no way should be construed to define, limit or extend their scope or intent or any provision hereof.; 16.2 Construction. These Bylaws should be liberally construed so as to give effect to the intent thereof, and no change`shall be made therein by construction which will tend to diminish or curtail the rights of the Members of the Corporation. 16.3 Severability. If any provision of these ,Bylaws is held by a court of competent jurisdiction to be invalid,void or otherwise unenforceable,the remaining provisions of these Bylaws shall remain enforceable to the fullest extent permitted by law, ARTICLE XVII Sapersess on 17.1 Supersession. These Bylaws supersede and replace all prior Bylaws. FACLMELl348541Anvnded&Restated Bylaws-March 2003."d 6- CERTIFICATE OF ADOPTION OF AMENDED AND RESTATED BYLAWS I certify that I am the duly elected' and acting Secretary of Salisbury Island, a California nonprofit mutual benefit corporation; that these amended and restated bylaws, consisting of_ pages, are the bylaws of this corporation as adapted by the Board of Directors on _, 2003; and that these Bylaws have not been amended or modified since that date. Executed on �,2003,at ,California. Secretary FACLMEW4854Wmended&Restated Bylaws-March 2003.wpd -17- A RESOLUTION OF THE BOARD OF DIRECTORS OF SALISBURY ISLAND CORPORATION (SIM) FOR.AMENDMENT OF CORPORATION BYLAWS RECITALS 1. Salisbury Island,Inc. (hereinafter"SIM") is the legal owner of Salisbury Island(hereinafter"the Island"),'located in Contra Costa2 County, California,AN 001- 111-021. 2. 'The stated purpose of SIM includes`fostering the enjoyment of water oriented recreation,related sporting and social activities This includes the taking steps necessary to insure the continued viability of the Island as a location for gatherings, weekend trips and activities,by, among other things,physically and legally maintaining the;improvements on the island. 3. In November of 2002 and on several occasions thereafter, Members of SIM were served with"Notice to Comply"letters from Contra Costa Counter, citing alleged violations of Building,Zoning, unitary and Safety Codes. On March 19 2003, Members were served with formal notices to abate the structures on the Island, and on March 31,2003,Members were served separate notices'pertaining to the individual docks on the Island. 4. In response to the County's notices, a group of Members fanned a legal entity known as the Salisbury Island Fund (SIF),retained the services of legal counsel, Gagen, McCoy,McMahon&Armstrong(hereinafter,"GMMA"), and of a Civil Engineering and Land Use Planning Corporation,Bellecci &Associates. Individual contributors to SIF contributed$5,000'each to SIF in an effort to bring the Island into compliance. SIF's contributors selected Mark Pass,Mark Blaskovich,and Scott Benning from among them to coordinate the compliance effort with the help of its counsel and engineer::. FACLMEL\3485"1MRes2-052703,wpd -1- 5. Under the direction of SIF, GMMAhas proposed a revision to the SIM bylaws in order to allow SIM (the"Salisbury Island Amended and Restated Bylaws" dated 3/21/03 or"Revised;,Bylaws")to take necessary steps to bring the Island into compliance with Federal, State and County policies,statutes and ordinances. It'is the stated opinion of legal counsel that the adoption of the Revised Bylaws is necessary to defend successfully SIM and its Members' uses of the island and the structures thereon. 6 The proposed revised Bylaws have been distributed to the Membership. A general election of the Members, with votes°cast either in person or by proxy, was held on May 2$,2003. The Members voted to adopt the revised Bylaws by majority voter 7 In order to comply with the various pertinent policies, statutes, and ordinances, some severe steps may be necessary,such as abatement of structures on the Island or possible termination of certain memberships. GMMA and Bellecci& Associates, Inc. are prepared to assist SIM in these matters,but must be formally retained' by SIM in order to represent SIM in its interactions with the Contra Costa County, the State of California,'and their agents,counsels and officials. NOW, THEREFORE,be it resolved as follows: The Board of Directors hereby approves the Salisbury Island Amended and Restated Bylaws dated 3/21/03 with the following amendments(amendments highlighted below in bold type; bold type shall not be included in the final Bylaws document): A. Section 1.1, second sentence to be completed as follows: "Its principal place of business shall be c/o Stacy Spink Accounting,4266 Gem Avenue, Castro Valley,'CA 34546." B Section 1.4, Subsection 1 shall be completed as follows: "Grounds' means the real property owned by the Corporation and commonly known as Salisbury Island, located east of Coney Island in southeastern Contra Costa County." F:\CLMEL\348541SIMRes2-052703.wpd - — C. Section 5.2 shall be amended to read as follows: "The Board shall have at all tunes the power to assess Members a cumulative total of Five Thousand Dollars($5,006.00)in any given fiscal year, and to prescribe the terms under which the.Assessment Is to be paid. If a proposed' Assessment would result in a cumulative total of assessments In excess of Five Thousand Dollars ($5,000),that proposed Assessment shall only be levied if approved by a majority vote of'the general Membership. Assessments that are necessary to bring the Island and its uses into compliance with County, State, and Federal policies, statutes and ordinances shall be exempt from the$5,000 limit." D. The first sentence of Section 6.l.g shall be amended to read as follows: "In the event a deceased Member has no surviving spouse,or no child or stepchild who is at least twenty-one (2l) years of age to whom the deceased' has bequeathed the Membership, or, if no election to retain the Membership or to dispose of the Membership under paragraph(e) above is made within ninety(90) days of a Membees death,the Membership will be purchased by the Corporation by payment of Five Hundred Dollars ($500) to the deceased Member's estate." E. Section 8.1 shall be amended to read as follows= "The fiscal year of the Corporation shall begin October 1, and end.September 30. A regular meeting of the Members of the Corporation shall be held annually on or before October 1 of each year. Notice of the time and place of the regular meeting shall be given by the Secretary by mail not less than 10 nor more than 90 days before the date of the meeting." F-\CLMEL\34854%IMRes2-452703.wpd -3- WE, THE BOARD OF DIRECTORS OF SALISBURY ISLAND, INC'.HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by the Board of Directors of Salisbury Island, Inc. at a Regular Meeting of said Beard held on the 10 day of May,2003,by the following vote: AYES NOES: ABSENT: By: Its: Comadore (Signature) ; Date: By: Its: Vice-Comadore (Signature) Date: By: Its: Secretary (Signature) Date: FACLMEL\348541SIl14RW-432703.wpd -4- APPENDIX :4115 SALISBURY ISLAND PROPERTYDEVELOPMENT RELATIONSHIP TO CONTRA COSTA COUNTY GENERAL PLAID (1895.2010) RELEVANT {COALS, POLICIES, AND IMPLEMENTATION, MEASURES E iCERPTEC} FROM THE FOLLOWING GENERAL PLAN ELEMENTS: • CHAPTER 3 LAND USE • CHAPTER 4 GROWTH MANAGEMENT CHAPTER 7 PUBLIC FACILITIES /SERVICES • CHAPTER 8 CONSERVATION • CHAPTER 10 SAFETY APPENDIX "I" CHAPTER 3. LAND USE ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010) DELTA RECREATION AND RESOURCES (DR), PACES 3-35 TO 3-36 d. Delta Recreation and Resources. This land use designation encompasses the islands and adjacent lowlands of the San Joaquin-Sacramento Delta, excluding Bethel Island and the community of Discovery Bay which have separate land use designations on the Land Use Map. Most of the lands designated Delta Recreation and Resourcesare within the 100-year flood plain mapped by FEMA,which means that the area is subjected to periodic flooding.Many of the Delta islands,and the tracts'adjacent to the Delta,are currently in agricultural production of dry grains and other special crops suited to the soils and climate,such as asparagus.There are limited public water or sewer services currently available to the area. The serious flooding danger in the area is due to the possibility that bay and river waters will overtop the existing levees during periods of storms or other high water, as well as the possibility that portions of the earthen levees may fail entirely during storms or earthquakes, resulting in the inundation of whole islands or tracts. The flooding danger is exacerbated by the effects of subsidence (sinking of Delta islands) and the rising of global sea waters caused by the "greenhouse effect." hi recent years, during 1973, 1980, 1983, and 1985 one or more Delta island levees failed or were overtopped, and some of these were summer breaks that did not occur at a time of high storm runoff. Some islands in the Delta have been flooded two or three times since 1980. Additionally, lands within this designation include lands with valuable wildlife habitat, some of which support species of ecological value to the County and the State. These areas are an important component of the Pacific Flyway, a major waterfowl migration route in North America. Public preservation of portions of these resources is encouraged by this plan. Private utilization of the resources for hunting and fishing is appropriate, if the activities do not harm the long-term resource value of the Delta. Due to their proximity to the Delta waterways, these lands have potential recreational value.The purpose of the Delta Recreation and Resources designation is to balance the recreational opportunities of the area against the need to allow only low intensity uses which will not subject large numbers of residents or visitors to flood dangers.Agriculture and wildlife habitat is to be considered the most appropriate uses in the area,with limited recreation uses allowed which do not conflict with the predominant agricultural and` habitat uses. The primary uses that are allowed in the Delta Recreation and Resources designation are those agricultural production;and processing activities allowed in the Agricultural Lands designation,listed in section(b)above: APPENDIX"I" 2 F = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy: Additional uses-that may be allowed through the issuance of a>land use permit include. marinas, shooting ranges,duck and other hunting clubs, campgrounds,and other outdoor recreation.complexes.:' Conditional uses allowed in the Delta Recreation and Resources designation shall be limited to those low-to medium-intensity establishments that do not rely on urban levels of service or infrastructure, i.e.,a public water or sewer system, and which will not draw large concentrations of people to flood-prone' areas. Uses allowed within areas designated for Delta Recreation and Resources shall be subject ;to the following standards: (1) the maximum permitted residential density shall be one unit per twenty acres; + (2) all recreational uses shall be accessible by a publicly maintained road; F (3) any subdivision of lands shall include conditions of approval which conform with the requirements of the"Ranchette Policy,"which is outlined in the "Agricultural Resources" section of the Conservation Element;' + (4) development shall not be permitted'on lands designated by NEMA as flood-prone until a risk assessment and other technical studies have been prepared and have shown that the risk is acceptable; ' (5) all approved entitlements (land use permits, tentative; final, and parcel maps, development plan permits, and variances) and ministerial permits (building and grading' permits) shall conform to the requirements of the Floodplain Management Ordinance (County Ord. #87-45), which are incorporated into this General Plan by reference; (6) all entitlements shall include conditions of approval which require that a "flood prone area" notification statement be included in the deeds for all affected properties. The same notification statement shall be recorded`on the face of all subdivision maps, along with the specific elevations that will be required of all new building pads and habitable floors; and (7) clock and marina standards as described in policy 3-47. APPENDIX "I„ 3 f- - The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 3. LAND USE ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2€ 1:0) COUNTYWIDE GOALS, PAGES 3-38 TO 3-39 3-F. To permit urban development only;in locations of the County within identified outer boundaries of urban 'development where public service delivery systems thatmeet applicable performance standards are provided or committed: F' 3-G. To discourage development on vacant rural lands outside of planned urban areas which is not related to agriculture,mineral extraction,wind energy or other appropriate rural uses; discourage subdivision downto minimum parcel size of rural lands that are within, or accessible only through, geologically unstable areas; and to protect open hillsides and significant ridgelines. COUNTYWIDE POLICIES, PAGES 3-44 TO 3-48 Growth Management, 65/35 Land Plan, and Urban Limit Line 3-5. New development within unincorporated areas of the County may be approved,providing growth management standards and criteria are met or can be assured of being met prior to the issuance of building permits in accordance with the growth management. ' 3-6. Development of all urban uses shall be coordinated with provision of essential Community services or facilities including, but not limited to, 'roads; law enforcement and fire protection services, schools,,parks,sanitary facilities,water and flood control. 3-7. The location, timing and extent of growth shall be guided through capital improvements programming and financing (i.e., a capital`improvement:program, assessment districts, impact fees, and developer contributions) to prevent infrastructure, facility and service deficiencies. 3-9. Areas not suitable for:urban''development'because of the lack of availability of public facilities shall remain in their present use until the needed infrastructure is or can be assured of being provided. ' 3-10. The extension of urban services into agricultural areas outside the Urban Limit:Line, especially growth-inducing infrastructure, shall be generally discouraged 3-11. Urban uses shall be expanded only within an Urban Limit Line where conflicts with the agricultural economy will be minimal. APPENDIX "I',, 4 E The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. 3-12. Preservation and buffering of agricultural land should be encouraged as it critical to maintaining a healthy and competitive agricultural economy and assuring a balance of land uses. preservation and conservation of open space, wetlands, parks, hillsides and ridgelines should be encouraged as it is crucial to preserve the continued availability of unique :habitats for wildlife and I plants, to protect unique scenery and provide a wide range of recreational opportunities for County residents. Residential Uses 3-28. New residential development shalt be accommodatedonly in areas where it will avoid' creating severe unmitigated adverse impacts upon the environment and upon the existing community. 3-29. New housing projects shall be located on stable and secure lands or shall be designed to mitigate adverse or potentially adverse conditions. Residential densities of conventional construction shall generally'decrease as the natural slope increases. Business and Erriploment Uses 3-47. Docks and marinas permitted by the implementing zoning district shall be considered for approval in certain designated Delta Recreation 'areas based upon the following criteria: (a) where projects can be clustered and located adjacent to similar uses; (b) along waterways having an adequate channel width as defined by the State Harbors and'- Navigation Code; (c) in areas having adequate public vehicular access; ` (d) where off-site improvements, such as required access roads, can be; assigned to "development; (e) where adequate on-site sewage disposal can be provided; ` (f) where located in an area served by a public fire protection district;and (g) where such uses will not conflict with adjacent agricultural uses. Primarv'Zone of the Delta 3-53. All public and private management and development activities within the Primary Zone of the Delta shall be consistent with the'goals,policies and provisions of the "Land Use and Resource Management Plan for the Primary zone of the Delta as adopted and as may be amended by the Delta Protection Con nission. APPENDIX "I" 5 = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Pian policy. CHAPTER 3. LAND USE ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010) POLICIES FOR THE SOUTHEAST COUNTY AREA, PAGES 3-51 TO 3-52 POLICIES FOR THE SOUTHEAST COUNTY AREA Land.Use 3-85. Numerous policies for this area were drafted by a citizens advisory committee appointed by the Board of Supervisors in 1985. Most of these policies are incorporated into this General'Plan. They apply to Southeast County, a large rural area of approximately 74square miles roughly; bounded by Marsh Creels Road/Camino Diablo;the Morgan Territory Regional Preserve; and the Alameda and San Joaquin County borders. 3-86. Many of the specific policy statements of this plan support the concept of allowing for multiple uses, compatible with the predominantly agricultural watershed and public purposes of the area. The policies stress the need to preserve designated agricultural lands for agricultural use,and also to allow certain other uses in the area, such as wind energy farms, mineral extraction, and reservoirs. 3-87. The Southeast County area is almost exclusively planned for agricultural, watershed, or public purposes. New uses within this plan area should be limited to those which are compatible to the primary agricultural and watershed purposes of the area (farming,;ranching, poultry raising, animal breeding, aviaries, apiaries,'horticulture, floriculture and similar agricultural uses and structures)and consistent with the multiple use philosophy enumerated by this plan. Subject to specific project review and the policies listed within this plan, the following uses are generally consistent with the planned agricultural areas: (a) Public and private outdoor recreational facilities; (b) Dude ranches,riding academies,stables; (c) Wind energy conversion systems; (d) Single family residences on larger lots; (e) Mineral resources quarrying; (f) Oil and gas wells; (g) Pipelines and transmission lines; and (h) Veterinarian offices and kennels. APPENDIX "I„ 6 F - The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. (i) Public purpose uses, including those uses described in policies 3-87 and 3-88 below (airport,reservoir) 3-88. Southeastern Contra Costa County contains.a range of natural and cultural resources which' warrant special' recognition in the General Plan. Mineral and meteorological resources exist which have the potential to be developed as additional uses within this essentially agricultural area. Multiple uses of the land which assist in its long term protection as an agricultural area are to be encouraged. Policies regarding these specific natural and cultural resources are briefly summarized below; However, a more detailed discussion and additional policies should be referred to in other elements of this General Plan, separated into the following topics: o wind turbine development or wind energy"farms"(policies are found in the Conservation Element); o mineral resource areas(policies are found in the Conservation:Element); o archaeological and wildlife resources (policies are also found in the Conservation Element); O Contra Costa Water District reservoir(s) planned in this area; (policies are found in the Public Facilities/Services Element); O the East Contra Costa County Airport (policies are found in the Transportation and Circulation Element); o> existing and planned recreation ,uses in the area (policies are found in the Public Facilities/Services Element); o general circulation uses (policies are found in the Transportation/Circulation. Element); and a Policies and implementation measures regarding the wildlife and archeological resources of the area are included in the Conservation Element. The southeastern portion of the County is blessed with archaeological and wildlife resources` which are unique and worthy of long term'protection and preservation. While in certain portions of the planning area multiple uses of the land may conflict with the need for environmental protection and enhancement,there are other areas where multiple use may reinforce'preservation. As a practical matter,';it should be recognized that historically it has been the agriculturalists who have protected the unique environmental'resources of the area. Their continued efforts in this regard are critical to the long range preservation of the area's resources. APPENDIX 3"I,f 7 F = The development on Salisbury island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 4, GROWTH MANAGEMENT ELEMENT, CONTRA COSTA COUNTY'GENERAL PLAN (1995-2010) WATER AND SEWER SERVICE STANDARDS, 'PAGE 4-11 Water The County, pursuant to its,police power and as the proper governmental entity responsible for directly regulating land use 'density or intensity, property development and the subdivision of property within the unincorporated areas of the County, shall require new development to demonstrate that adequate water quantity and quality can be provided. At the project approval stage, (subdivision map, land use permit, etc), the County may consult with the appropriate water agency. The County, based on information furnished or available to it from consultations with the appropriate water agency, the applicant or other sources, should determine whether (1) capacity exists within the water system if a development project is built within a set period of time, or (2) capacity; will be provided by a funded program or other mechanism. Project approvals conditioned-on (1) or (2)above, will lapse according to their terms if not satisfied by verification that capacity exists to serve the specific project("will serve letters"),actual hook-ups or comparable evidence of adequate water quantity and quality availability. Sanitary Sewer The County, pursuant to its police power and as the proper governmental entity responsible for directly regulating land use density or intensity, property development and the subdivision of property within the unincorporated areas of the County, shall require new development to demonstrate that adequate sanitary sewer quantity and quality can be provided. At the project approval stage, (subdivision map, land use permit, etc), the County may consult with the appropriate sewer agency. The County, based on informationfurnished or available to it from consultations with the appropriate sewer agency,the applicant or other sources, should determine whether(1)capacity exists within the sewer system if the development project is build within a set period of time, or(2)capacity will be provided by a funded program or other mechanism. Project approvals conditioned an (1)or(2)shove, will lapse according to their terms if not satisfied by verification that capacity exists to serve the specific project("will serve letters"),actual hook-ups or comparable evidence of adequate sewage collection and wastewater treatment capacity, availability. APPENDIX "I 8 + = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General' Plan policy. CHAPTER 7. PUBLIC FACILITIES./ SERVICES ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010) WATER SERVICE, PAGES 7-7 TO 7-16 WATER SERVICE POLICIES 7-16 Water service systems shall be required to meet regulatory standards for water delivery, water storage and emergency water supplies. 7-17 Water service agencies shall be encouraged to establish service boundaries and to develop supplies and facilities to meet future water needs based on the growth policies contained in the County and cities'General Plans. 7-18 Water service agencies shouldgenerally be discouraged from constructing new,water distribution infrastructure which exceeds future water needs based on the buildout projections of the County General Plan and city general plans. 7-19`. Urban development shall be encouraged within the existing water Spheres of Influence adapted by the Local Agency Formation Commission, expansion into new areas within the Urban Limit Line beyond the Spheres should be restricted to those areas where urban development can meet all growth'management'standards included in this General Plan. 7-20Development of rural residences or other uses' that will be served by well water or an underground water supply will be discouraged if a,high nitrate concentration is found following Health Services Department testing(see Figure 7-2). 7-21. At the project approval stage, the County 'shall require new development to demonstrate that adequate water quantity and quality can be provided. The County shall determine whether (1)capacity exists within the water system if a development project is built within a set period of time,or(2)capacity will be provided by a funded program or other mechanism. This finding will be based on information furnished or made available to the County from consultations with the appropriate water agency,the applicant,or other sources. F 7-25 Land uses' and activities that could result in contamination of groundwater supplies shall be identified,monitored and regulated to minimize the risk of such contamination. WATER SERVICE IMPLEMENTATION MEASURES Development Review Process 7-i. Conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate water supply for the project. Such condition shall be satisfied by verification, based on substantial evidence in the record, that capacity within the system to serve the specific development project exists or comparable demonstration of adequate wastewater APPENDIX "I" 9 E = The development Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. treatment capacity. Where no tentative map or preliminary plan is required prior to development; approve no map or development permit without this standard being satisfied. + 7J. Identify, map, and monitor those areas where high levels of nitrates have been detected in groundwater supplies. 7-k. Discourage subdivisions or other permits which would allow the construction of rural residential units served by well water in areas of high nitrate concentrations, consistent with existing Health Department policy. 7-1. Discourage subdivisions or other permits which would allow the'construction of rural residential units served by well water on lots of less than one acre, consistent with existing Health Department policy. " CHAPTER 7. PUBLIC FACILITIES 1 SERVICES ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995.2010) SEWER SERVICE, PAGES 7-16 TO 7-27 SEWER SERVICE GOALS 7-L. To provide wastewater treatment that preserves,and to the extent;feasible,enhances water quality and the natural environment. SEWER SERVICE POLICIES 7-29. Sewer treatment facilities shall be required to operate in compliance with waste discharge requirements established by the California Regional Water Quality Control Board. Development that would result in the violation of waste discharge requirements shall not be approved. 7-31. Urban development shall be encouraged within the sewer Spheres of Influence adopted by the Local Agency Formation Commission. Expansion into new areas within the Urban Limit Line but beyond the Spheres of Influence should be restricted to those areas where urban development can meetgrowth management standards included in this General Plan: 7-32. Development of rural residences, or other uses,that will be served by septic tank and leaehfields, shall be discouraged in areas with high groundwater`levels or soils with poor percolation characteristics. 7-33. At the project approval stage, the County shall require new development to demonstrate that wastewater treatment capacity can be provided. The County shall determine whether(1)capacity exists within the wastewater treatment system if a development project is built'within'a set period of time, or(2)capacity will be provided by a funded program or other mechanism. This finding APPENDIX "I" 10 + = The development on Salisbury Island either directly conflicts with, or, is inconsistent With this General'Plan policy. will be based on information furnished or made available to the County from consultations with the appropriate water agency,the applicant, or other sources. Develoymynt Review Process 7-t. Conditionally approve all tentative subdivision maps and other preliminary development plans on verification of adequate wastewater treatment capacity for the project. Such condition shall be satisfied by verification based upon substantial information in the record that capacity within the system to serve the specific development project exists or comparable demonstration of adequate wastewater treatment capacity. Where no tentative map or preliminary plan is required prior to development, approve no map or development permit without this standard being satisfied. 7-u. Identify, map, and monitor those areas where high groundwater levels and soils with poor percolation characteristics have been detected. 7-v. Discourage approval of subdivisions or other permits which would allow the construction of rural residential units served by septic tanks and leachfields in areas of high groundwater levels or poor percolation characteristics, consistent with existing Health Department policy. + 7-w.' Continue to enforce Sections 420-6.002 and 4200-6.408 of the County Code, which regulate the placement of septic tanks within the watersheds of reservoirs. 7-x.; Include wastewater reduction and other measures recommended by sewer service agencies in the conditions of approval for subdivisions and other new development. APPENDIX "I" 11 + = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 7. PUBLIC FACILITIES 1 SERVICES'ELEMENT, CONTRA COSTA COU NTY'GENERAL PLAN (1995-2010) DRAINAGE AND FLOOD CONTROL, PAGES 7-27 TO 7-35 DRAINAGE AND FLOOD CONTROL GOALS 7-0. To protect and enhance the natural resources associated with creeps and the Delta, and their riparian:zones,without jeopardizing the public health,safety, and welfare, +' 7:P. To protect creeks and riparian zones identified as valuable from damage caused by nearby development activity. 7-Q. To employ alternative drainage systems improvements which rely on increased retention capacity to lessen or eliminate the need" for structural modifications to watercourses, whenever economically possible. 7-R. To enhance opportunities for public accessibility and recreational use of creeks,streams,drainage channels and other drainage system improvements. 7-S. To encourage private programs which assure ongoing maintenance of natural watercourses utilizing methods which retain the characteristics of natural watercourses. 7-T. To ensure that new development pays its fair share of the costs related to increased runoff created by the development. 7-U. To support the concept that;existing development pays the cost of building and maintaining drainage improvements required to serve existing developed areas, DRAINAGE AND FLOOD CONTROL POLICIES 7.56. All residential and non-residential uses proposed in areas of special flood hazards, as shown on FEMA maps, shall conform to the requirements of County Floodplain management applied to all ordinances, approved entitlements (land use permits, tentative, final, and parcel 'maps, development plan permits, and variances) and ministerial permits (buildings and grading permits). APPENDIX „I,, 12 +E = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General'°Plan policy. CHAPTER 7. PUBLIC FACILITIES I SERVICES ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010 PUBLIC PRt3TEG"CION, PAGES 7-35 TO 7-38 PUBLIC PROTECTION GOALS 7-V, To provide a high standard of police protection services for all citizens and properties throughout Contra Costa County. 7=W. To incorporate police protection standards and requirements into the land use planning process. PUBLIC PROTECTION POLICIES 7-58. Sheriff patrol beats shall be configured to assure minimum response'times and efficient use of resources. 7-59. A'maximum response time goal for priority 1 or Z cabs of five minutes for 90 percent of all emergency responses in central business district,urban and suburban areas, shall be strived for by the sheriff when making staffing and beat configuration decisions. 7-60. Levels of service above the county-wide standard requested by unincorporated communities shall be provided through the creation of County Service Area or other special governmental unit. PUBLIC PROTECTION IMPLEMENTATION MEASURES 7-aq. In developing areas the Sheriff protection service standard shall be achieved by creation of a County Service Area:and special tax and/or creation of a Mello boos Community Facilities District that generates special tax'revenue to support 'additional increments of Sheriff patrol' necessary to meet the adopted service standard. Developers, prior to receiving development approvals, should agree (via a Development Agreement or a landowner election)to participate in such special funding districts + APPENDIX'Irl„ 13 f w The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. ............. CHAPTER 7. PUBLIC FACILITIES I SERVICES ELEMENT CONTRA COSTA COUNW OENERAL PLAN (199541010) FIRE.PROTECTION, PAGES 7-3870 7-48 FIRE PROTECTION GOALS 7-Y. To ensure a high standard of fire protection, emergency, and medical response services for all citizens and properties throughout Contra Costa County, 7-Z, To reduce the severity of structural fires and minimize overall fire loss. 7-AD. To provide special fire protection for high-risk land uses and structures. FIRE PROTECTION POLICIES 7-62, The County shall strive to reach a maximum running time of 3 minutes and/or 1.5 miles from the first-due station, and a minimum of 3 firefighters to bernaintained in all central business district (CBD),urban and suburban areas. ('These areas are defined in Section 4). 7-63. The County shall strive to achieve a total-response time(dispatch plus running and set-up time)of five minutes in CBD,urban and suburban areas for 90 percent of all emergency responses. 7-64. New development shall pay its fair share of costs for new fire protection facilities and services. 7-65. Needed upgrades to fire facilities and equipment shall be identified as part of project environmental review and area planning activities, in order to reduce fire risk and improve emergency response in the County. 7-66. Sprinkler systems may be required in new residential structures, where necessary to protect health, safety and welfare. 7-70. The effectiveness of existing and proposed fire protection facilities shall be maximized by incorporating analysis of optimum fire and emergency service access into circulation system design. 7-71. A set of special fire protection and prevention requirements shall be developed for inclusion in development standards applied to hillside,open space,and rural area development, 7-72. Special fire protection measures shall be required in high risk uses (e.g. mid-rise and high-rise buildings, and those developments in which hazardous materials are used and/or stored) as conditions of approval or else be available by the district prior to approval. 7-81. All structures located in Hazardous Fire Areas, as defined in the Uniform Fire Code, shall be constructed with fire-resistant exterior materials, such as fire safe roofing,and their surroundings are to be irrigated and landscaped with fire-resistant plants,consistent with drought resistance and water conservation policies. APPENDIX "I" 14 + = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. FIRE PROTECTION IMPLEMENTATION MEASURES Development Iteyigw Process'! 7-as. In considering subdivision map approval, evaluate whether the project would,violate the standards:expressed in the Growth Management Element, in order to appropriately condition or deny such approval. 7-at The Community Development Department shall include fire agency code requirements requested by the districts as advisory notes to the applicant within proposed conditions of project approval when the Planning Agency is considering subdivisions,development plans,use permits and other entitlement requests. + 7-au. Fire protection agencies shall be afforded the ''opportunity to review projects and submit conditions of approval for consideration to determine whether: o there is an adequate water supply for fire fighting; o road widths,road grades and turnaround radii are adequate for emergency equipment; and o structures are built to the standards of the Uniform Building Code, the Uniform Fire Code, other State regulations, and local ordinances regarding the use of fire-retardant materials and detection,warning and extinguishment devices. " APPENDIX ul" 15 E The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 8. CONSERVATION ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010)1 OVERALL CONSERVATION GOALS AND POLICIES, PAGES 8.3 TO 8-4 OVERALL CONSERVATION GOALS 8-A. To preserve and protect the ecological resources of the County. 8-13. To conserve the natural resources of the County through control of the direction, extent and timing of urban growth. F 8-C'. To achieve a balance of uses of the County's natural and developed resources to meet the social and economic needs of the County's residents. OVERALL CONSERVATION POLICIES 8-1. Resource utilization and development shall be planned within`a framework of maintaining a healthy and attractive environment. $-2. Areas that are highly suited to prime agricultural production shall be protected and preserved for agriculture and standards for protecting the viability of agricultural land shall be established. +' 8-3. Watersheds,natural waterways,and areas important for the maintenance of natural vegetation and wildlife populations shall be preserved and enhanced. 8-4. Areas designated for open space/agricultural uses shall not be considered as a reserve for urban uses and the bS percent standard for non-urban uses must not be violated. 8-5. In order to reduce adverse impacts on agricultural and environmental values, and to reduce urban costs to taxpayers, scattered urban development in outlying areas shall be precluded outside the ULL. ' APPENDIX „h, 16 F The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. :' CHAPTER 8. CONSERVATION ELEMENT, CONTRA CESTA COUNTY GENERAL PLAN (1985-2010), VEGETATION AND WILDLIFE, PAGES 8-26 TO 8-32 VEGETATION AND WILDLIFE GOALS' 8D. To protect ecologically significant lands,wetlands,plant and wildlife habitats'. + 8-E. To protect rare, threatened and endangered species of fish, wildlife and plants, significant plant communities, and other resources which stand out as unique because of their scarcity, scientific value, aesthetic quality or cultural significance. Attempt to achieve asignificant net increase in wetland values and functions'within the County over the life of the General Plan. The definition of rare,threatened and endangered includes those definitions provided by the Federal Endangered Species.Act, the California Endangered Species Act, the California Native Plant Protection Act and the California Environmental Quality Act. 8-F. To encourage the preservation and restoration of the natural characteristics of the San Francisco Bay/Delta estuary and adjacent lands, and recognize the role of Bay vegetation and water area in maintaining favorable'climate, air and water quality,and fisheries and migratory waterfowl. VEGETA''tIONT AICD WILDLIFE POLICIES 8-6. Significant trees,natural vegetation,and wildlife populations generally shall be preserved: 8-7. Important wildlife habitats which would be disturbed by major development shall be preserved, and corridors for wildlife migration'between undeveloped lands shall be retained. 8-8. Significant ecological resource areas in the County shall be identified and designated for compatible low-intensity land uses. Setback zones shall be established around the resource areas to assist in their protection. 8-9.1. Areas determined to: contain significant ecological resources, particularly those containing endangered species, shall be maintained in their natural state andcarefully regulated to the maximum legal extent. Acquisition of the most ecologically sensitive properties within the County by appropriate public agencies shall be encouraged. 8-10. Any development located or proposed within significant ecological resource areas shall ensure that the resource is protected. 8-11. The County shall utilize performance criteria and standards which seek to regulate uses in and adjacent to significant ecological resource areas. APPENDIX "I" 17 = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan'policy'. 8-12. Natural woodlands shall be preserved to the maximum extent possible in the course of land development. 8-13. The critical ecological and scenic characteristics of rangelands,woodlands,and wildlands shall be recognized and protected. 8-14. Development on hillsides shall be limited to maintain valuable natural vegetation, especially forests and open grasslands, and to control erosion. Development on open hillsides and significant ridgelines throughout the County shall be restricted; and hillsides with a grade of 26 percent or greater shall be protected through implementing zoning measures and other appropriate actions. 8-15. Existing vegetation, bath native and non-native,and wildlife habitat areas shall be retained in the mayor open space areas sufficient for the maintenance of a healthy balance of wildlife populations. 8-16. Dative and/or sport fisheries shall be preserved`and re-established in the streams within the County wherever possible. 8-17. The ecological value of wetland areas, especially the salt marshes and tidelands of the bay and delta, shall be recognized. Existing wetlands in the County shall be identified and. regulated. Restoration of degraded wetland areas shall be encouraged and supported whenever possible. 8-18. The filling and dredging of lagoons; estuaries, and bays which eliminate marshes and mud flats shall be allowed only for water-oriented projects which will provide substantial public benefits' and for which there are not reasonable alternatives,consistent with State and Federal laws. 8-19. The County shall actively oppose any and all efforts to construct a peripheral canal or any rather water diversion system that reduces Delta water flows unless and until it can be conclusively demonstrated that such a system would, in fact,protect,preserve and enhance water quality and fisheries of the San Francisco Bay-Delta estuary system.. 8-20. Fish, shellfish, and waterfowl management shall be considered the appropriate land use for marshes and tidelands, with recreation being allowed as a secondary use in limited locations, consistent with the marshland and tideland preservation policies of the General Plan. F APPENDIX "I" 18 + - The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy, CHAPTER 8. CONSERVATION ELEMENT", CONTRA COSTACOUNTY GENERAL PLAN ( 1995-2010)1 AR CULTURAL RESOURCES{ PAGES 8-42 TO 8-44 AGRICULTURAL RESOURCES EAPLEl1 ENTATION MEASURES Rural Residential DevdoRment 8-w. Requests for subdivision of lands designated for agricultural or open space uses shall be reviewed for consistency with this plan according to the following criteria. (1) Cities' should be informed in a timely manner when applications are filed and consulted as to their ultimate plans in the relevant area: (2) Agricultural/Open Space subdivisions are considered a long-term, rural/residential use of the land. Parcel size shall be a minimum of 5 acres in lands designated Agricultural Lands and 20'Acres in lands designated Delta Recreation and 40 acres in lands designated prime productive agricultural lands. (3) Any application for parcels to be separated from a larger parcel or parcels under the same ownership shall indicate on the plan all of the contiguous land held by the applicant. (4) Prior to the filing of the Final or Parcel Map the applicant must comply with the following: (a) Each parcel must have an "on site" producing water well or install a "test well"having a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the State standards for a pure, wholesome: and potable''water supply (Title 22, Section 64433). If the chemical analysis'exceeds the 'State standards for "maximum contaminant levels" for water potability, a statement must be attached and "run with the deed" advising of these levels; or ' " (b) Have verifiable water availability data from adjacent parcels presented by the applicant, or knowledge of the same, known by the Health`Services Department concerning water quality and quantity per (a) above,'and, have a statement that "attaches and runs with the deed" indicating that a water well shall be installed on the 'subject parcel complying with the general requirements stated above prior to obtaining a Building Inspection Department permit for construction. F (c) In addition to the above, a hydrogeological evaluation may be required in known or suspected water short areas This will include seasonal as well as yearly variations, APPENDIX "I" 17 4E =The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. (d) The purpose for requesting;hydrogeological evaluations is to determine the total projected number of dwelling units that can be supplied with drinking water from existing aquifers. The two primary circumstances that would generally require hydrogeologicalevaluationsare: (i. where a proposed major subdivision contemplating the addition of large numbers of dwelling units on individual wells would substantially increase the density within an existing drainage basin. Hydrogeologcal data relevant to recharge of aquifers and projected yield would become essential not only to support approval of large major subdivisions under these circumstances; but also to ensure that the water supplies serving'existing structures would not be depleted by the proposed increase demand. (ii. In those cases where density is increasing in particular drainage basins due to the =buildout of previously approved subdivisions using:individual wells for water supplies, existing well yields begin to evidence declines due to the increased demand or in water short basins, hydrogeological studies would be appropriate as conditions of approval of subsequent development to provide sufficient yield for proposed uses. Specific reasons will be stated in support of requested hydrogeological evaluations in each case. (6) Road, street and access requirements, including necessary right-of-way acquisition and/or dedications, will be subject to the Department of Public Works recommendations for each parcel in accordance with the County Subdivision Ordinance and with standards and policies of that department. (7) The land must be suitable for septic tank use according to the County Ordinance Code criteria and Health Services Department Regulations. Percolation tests must be passed on all lots prior to the filing of the Parcel or Final Map. " (8) The applicant shall indicate on the Tentative Subdivision Map the following information for each parcel: proposed driveways,building site,well site,leach field site, provision for water storage for fire fighting.. Homesites shall be designed with a minimum of grading. Where significant grading is needed and acceptable erosion control plan shall be provided with the application. Horne siting shall be reviewed for energy conservation features (building site orientation and feasibility for solar facilities will be considered). F' (9) Parcels shall be reasonable free of hazards, including; but not limited to flooding and high landsliding susceptibility. (10) Special detailed plans may be required for provision of flood control, roads and other services. (11) Developer shall obtain requirements for road and flood control improvements from County Public Works Department prior to submitting an application for subdivision. Required improvements shall be included on the Tentative Subdivision Map. APPENDIX `,I,, 20 E = The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan 'policy. (12) Adequate fencing shall be provided to contain domestic animals on the residential parcels with all gates to be closeable by a',nearby rancher/farmer when necessary. (1'3) Exception to any of the aboveRural Residential Ranchette criteria may be considered by the hearing body,upon a showing, in writing, of unique or unusual circumstances'relative to the subject property. Development Review Process 8-x. Within the major resource conservation:areas,;consider approval of development that is only directly' related to agricultural production, recreation, water-related recreation, or the utilization of mineral, soil, water, and animal'' resources; or agricultural/residential uses of similar character. + APPENDIX °I'" 21 + - The development on Salisbury Island either directly conflicts with, or, is inconsistent'with this General Pian policy. CHAPTER 8. CONSERVATION ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN (1995-2410), WATER RESOURCES, PAGE 8-68 TO 8-71 WATER RESOURCES GOALS 8-T. To conserve, enhance and manage water resources, protect their quality, and assure an adequate long-term supply of water for domestic,fishing,industrial and agricultural use. 8-U. To maintain the ecology and hydrology of creeks and streams and provide an amenity to the public,while at the same time preventing flooding, erosion and danger to life and property. 8-V. To preserve and restore remaining natural waterways in the county which have been identified as important and irreplaceable natural resources. 8-W. To employ alternative drainage system improvements which rely on increased retention capacity to lessen or eliminate the need for structural modifications to watercourses; whenever economically possible. 8-X. To enhance opportunities for public accessibility and recreational use of creeks, streams, drainage channels and other drainage system improvements. GENERAL WATER RESOURCES POLICIES 8-74. Preserve watersheds and groundwater recharge areas by avoiding the placement of potential pollution sources in areas with high percolation rates. 8-75. Preserve and enhance the duality of surface and groundwater resources. + 8-76. Ensure that land uses in rural areas be consistent with the availability of groundwater resources. 8-77. Provide development standards in recharge areas to maintain and protect the quality of groundwater supplies. +` Policies to Protect and Maintain RlDarian Zones 8-78. Where feasible, existing natural waterways shall be protected and preserved in their natural state, and channels which already are modified shall be restored. A natural waterway is defined as a waterway which can support its own environment of vegetation, fowl, fish and reptiles, and which appears natural. APPENDIX "I"- 2 F = The development on Salisbury,Island either directly conflicts with, or, is inconsistent with this General Pian policy. .- _...,. 8-79. Creeks and streams determined to be important and irreplaceable naturalresources shall be retained in their natural state whenever possible to maintain water quality,wildlife diversity, aesthetic values,and recreation opportunities. + 8-84. Riparian resources in the Delta and along the shoreline shall be protected and enhanced.+ Policies for New Development Alone.Natural Watercourses 8-85. Natural watercourses shall be integrated into new development in such a way that they are accessible and provide a positive visual element. " 8-86. Existing native riparian habitat shall be preserved and enhanced by new development unless public safety concerns require removal of habitat for flood control or other public purposes.' 8-87. On-site water control shall be required of major new developments so that no increase in pear: flows occurs relative to the site's pre-development condition, unless the Planning Agency determines that offsite measures can be employed which are equally effective in preventing adverse downstream impacts. " 8-88. Newdevelopment which modifies or destroys riparian habitat because of needed flood control, shall be responsible for restoring and enhancing an equivalent amount of habitat within or near the project area. ' " 8-89. Setback areas shall be 'provided along natural creeks and streams in areas planned for urbanization. The setback areas shall be of a width adequate to allow maintenance and to prevent damage to adjacent structures, the natural channel and associated riparian vegetation. The setback area shall be a minimum of 100 feet, 50 feet on each side of the centerline of the creek. 8-90. Deeded development rights for lands within established setback areas along creeks or streams shall be sought to assure creek preservation and to protect adjacent structures and the loss of private property. 8-91 Grading, filling and construction activity near watercourses shall be conducted in such a manner as to minimize impacts from increased runoff, erosion, sedimentation, biochemical degradation,or thermal pollution. "` 8-92. Revegetation of a watercourse shall employ native vegetation, providing the type of vegetation is compatible with the watercourse's maintenance program and does not adversely alter channel capacity. ' "' 8-93 ' Particular care shall be exercised by development proposals to preserve and enhance riparian corridors along creeks which connect to the''freshwater marsh segments of coastal areas in the North Central and East County areas. APPENDIX"I„ 23 The development on Salisbury bland either directly conflicts with, or, is inconsistent with this General Plan policy. 8-94. Applications to expand marine uses shall be carefully evaluated to ensure that a gain, not a loss, of any associated riparian vegetation will result. Runoff of pollutants into marsh and wetland areas from nearby urban development, should be prevented by prohibiting any storm sewer outflow pipe in such areas and by requiring berm or gutter structures at the outer boundary of the buffer zones which would;divertrunoff to sewer systems for transport out of the area. F WATER RESOURCES IMPLEMENTATION MEASURES Development Review Process 8-cv. Review all public and private projects adjacent to and within creeks and streams to determine their conformance with the policies of this General Plan. 8-ew. As a priority, define and implement a development review process for new projects that: ensures conformance with the stream and riparian corridor protection policies of this plan: 8-cx. During the review of proposed development plans, the County staff shall require a building setback of at least'100 feet along natural creeks and streams, and seek to obtain deeded development rights on lands within setback areas. 8-cy. New parcels which are created shall include adequate space outside of the watercourses' setback areas for pools, patios, and appurtenant structures to ensure that;property owners will not place improvements within the areas which require protection. 8-cz. Through the environmental review process, the likely effects of construction and other proposed activities on nearby natural' watercourses and related open space' shall be determined. 'Measures shall be identified that will mitigate these effects and encourage the preservation of natural waterways and related open space. Such measures may include,but are not limited to: F (1) Clustering of buildings and other site design features; (2) Restoration or enhancement of other riparian habitat within or near the project area,and (3) Purchase of development rights for lands within other stream setback areas. 8-da. When alteration of streambanks or streambeds is proposed,'notify the State Department of Fish and Game in accordance with their authority under State,law and/or when their assistance is needed. 8-dc. Require proposed' recreation or housing projects which utilize the shoreline and water resources of the Delta to create slough:,systems with significant riparian plant communities equal in size to the project area itself. Prohibit construction of barren waterways. '+ APPENDIX «0„ 24 + =The development on Salisbury Island either directly conflicts with, or, is Inconsistent with this General Plan policy. 8-df. Require proof of adequate groundwater in areas not served by municipal water purveyors. Require test wells or the establishment of community water systems in these areas. Deny discretionary applications unless a geologic report establishes that groundwater supplies are adequate and will not be adversely impacted by the cumulative amount of additional' development. 8-dg. Review and comment on projects and environmental documents that propose wastewater disposal methods which discharge into natural waterways. Request reclamation conservation and:re-use'programs to minimize discharges and protect water quality and aquifer recharge areas. + 8-dh. " Review of subdivisions using septic systems shall be conducted by the County's Environmental Health Department to ensure that leachates do not contaminate groundwater recharge areas. Consider on-site wastewater management districts in important recharge areas. + 8-di. Actively pursue the abatement of failing septic systems near waterways. + 8-dj. Encourage the construction of wastewater disposal systems designed to reclaim and re-use treated wastewater on agricultural crops, and for other irrigation and wildlife enhancement projects. APPENDIX „l,, 25 E� The development'on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 10. SAFETY ELEMENT, CONTRA COSTA COUNTY GENERAL PLAN ( 1995.2010), SEISMIC HAZARDS, PANES 10-4 TO 10-34'' SEISMIC'HAZA I) GOALS 10-A. To protect human lifeand reduce the potential for serious injuries from earthquakes; and to reduce the risks of property losses from seismic disturbances which could have severe economic and social consequences for the County as a whole. 10-B. To reduce to a practical minimum injuries and health risks,resulting from the effects of earthquake ground shaking on structures, facilities and utilities. 10-C. To protect persons and property from the life-threatening, structurally and financially disastrous effects;of ground rupture and fault creels on active faults,;and to reduce structural distress caused by soil and rock weakness due to geologic faults. 10-U. To reduce to a practical;minimum the potential for life loss, injury, and economic loss due to liquefaction-induced ground failure, levee failure, large lateral land movements toward bodies of water, and consequent flooding; and to mitigate the lesser consequences of liquefaction. * SEISMIC HAZARD POLICIES 10-1. Contra Costa County,as part of an area with high seismicity, shall recognize that a severe earthquake hazard exists and shall reflect this recognition in its development review and other programs. 10-2. Significant land use decisions(General Plan amendment,rezoning,etc.)shall be based on a thorough evaluation of geologic-seismic and soils conditions and risk. + 10-3. Because the region is seismically active, structures for human occupancy shall be designed to performs satisfactorily under earthquake conditions(see Table 10-6). + 10-4. In areas prone to severe levels of damage from ground shaking (i.e., Zone IV on Map 10-4), where the risks to life and investments are sufficiently high,geologic-seismic and soils studies shall be required as a precondition for authorizing public or private construc- tion. 10-5. Staff review of applications for development permits and other entitlements, and review of applications to other agencies which are referred to the County, shall include appropriate recommendations for seismic strengthening and detailing to meet the latest adopted seismic design criteria. APPENDIX "I" 2 + = The development on Salisbury;island either directly conflicts with, or, is inconsistent with this General Plan policy. 10-6. Structures for human occupancy, and structures and facilities whose loss would substantially affect the public safety or the provision of needed'services, shall not be erected in areas where there is a;high risk of severe damage in the event of an earthquake. GroundshaWny.policies 10-5. Ground conditions shall be a primary consideration in the selection of land use and in the design of development projects. 10-9. In areas susceptible to high damage from ground shaking (i.e., Zone IV on Map 10-4), geologic-seismic and soils studies shall be required prior to the authorization of major land;developments and significant structures(public orprivate). 10-10Policies regarding liquefaction shall apply to other ground failures which might result from grounshaking but which are not subject to such well-defined field and laboratory analysis. Liguefaction Policies 10-18` This General Plan shall discourage urban or suburban development in areas susceptible to high liquefaction dangers and where appropriate subject to the policies in 10-20 below, unless satisfactory mitigation measures can be provided, while recognizing that there are love intensity rises such as water-related recreation and agricultural' uses that are appropriate in such areas. (Por the Bethel Island Area,the adopted specific pian policies will apply.) + 10-19. To the extent practicable, the construction of critical facilities, structures involving high occupancies, and public'facilities shall not be sited in areas identified as having a high liquefaction potential, or in areas underlain by deposits classified as having a high liquefaction potential. 10-20. Any structures permitted in areas of high liquefaction danger shall be sited, designed and constructed to minimize the dangers from damage .due to earthquake-induced liquefaction. + 10-21. Approvals to allow the construction of public and private.development.projects in areas of high liquefaction potential shall be contingent on geologic and engineering studies which define and delineate potentially hazardous geologic and/or soils conditions, -recommend means of mitigating these adverse conditions; and on proper implementation of the mitigation measures. APPENDIX "I,f 27 + _The development on Salisbury'Island either directly conflicts with, or, is inconsistent with this General Plan policy. SEISMIC HAZARD IMPLEMENTATION MEASURES 10-c. Require comprehensivegeologic and engineering studies for any critical structure, whether or not it is located within a Special Studies Zone. 10-d. Through the environmental review process;require geologic,seismic,and/or soils studies as necessary to evaluate proposed development in areas subject to groundshakng, fault displacement,or liquefaction. +� 10-e. Evaluate and, where necessary, upgrade water distribution, sewage disposal,,gas and electricity, communications and other service facilities in areas subject to seismic hazards. 10-h. In areas that could become isolated in the event of a major earthquake, ensure that adequate medical aid, water supply, waste disposal, and other public health and safety services are available. APPENDIX "l„ 28 + The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 10. SAFETY ELEMENT, CONTRA COSTA COUNTY GENERAL ;PLAN (1995-2010), FLOOD HAZARDS, PAGES 10-48 TO 10-53 Policies:Reearding Subsidence 10-46. Whenever studies indicate subsidence is or may become a flood-threatening problem,the County should continue to monitor subsidence until flood protection is assured: 10-47. In accordance with the following policies, the General Plan shall not permit a substantial non-agricultural, residential population to be subjected to increasedflood hazard'due to subsidence. 10-48. Low density development of lands subject to subsidence shall take into account and fully mitigate the potential impacts of flooding based on the best currently available techniques. 10-49. Any development approvals for areas subject to subsidence shall include conditions which account for the need to support Delta reclamation and irrigation districts, and to strengthen weak and low levees prior to development. 10-50. The pumping of substantial quantities of water,oil,and gas in an area protected by levees is inconsistent with new major development approvals: Policies Reeardiniz Flooding Due to Levee or Dam Failure,or Tsunami! 10-51. 'In order to protect'lives and property, intensive urban and suburban development shall not be permitted in reclaimed areas unless flood'protection in such areas is constructed,at a minimum, to the standards of the Flood Disaster Protection Act of 1973. Levees protecting these areas shall'meet the standards of the U.S.Army Corps of Engineers. " 10-52. Delta levees.shall be rehabilitated and maintained to protect.'beneficial uses of the Delta and its water. Only those uses appropriate in areas subject to risk of flooding and seismic activity, such as agriculture and recreation,should be planned and approved. This policy shall not apply to Bethel Island or Discovery Bay. 10-53. Development of levee rehabilitation plans should consider methods to foster riparian habitat to the fullest extent possible consistent with levee integrity. 10-54 Agencies whose projects benefit from Delta levee protection, including the State and federal governrnent,,(water, highway, fish and wildlife, and recreational projects),PG&E, and private railroad companies, shall participate in funding Delta;levee improvements and maintenance, APPENDIX "I„ 29 The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. 10-55. The potential effects of :dam or levee failure are so substantial that,geologic and engineering investigation shall be warranted as a prerequisite for authorizing public and private construction of either public facilities or private development in affected areas. 10-56. Development proposals should be reviewed with reference to dam failure inundation maps, as these become available,in order to determine evacuation routes. 10-57. Dam and levee failure,as well as potential inundation from tsunamis and seiche, shall be a significant considerationof the appropriateness of land use proposals. ' 10-58. Dams and levees should be designed to withstand the forces of anticipated (design) earthquakes at their locations. '' 10-59. Important dams and coastal levees shall'be regarded as critical facilities that should not be sited over the trace of an active or potentially active fault: 10-60. Structures for human occupancy, and particularly critical structures, and potentially dangerous commercial or industrial facilities (e.g.,plants for the manufacture or storage of hazardous materials) shall be protected against tsunami hazard, FLOOD HAZARD IMPLEMENTATION MEASURES' 10-w. Conduct a study of flooding conditions on islands in East County, including a risk assessment of development in that area and an analysis of flooding due to runoff and tides, settlement of shallow soils, deep subsidence, liquefaction, and adequacy of insurance programs. (+ 10-y. Through the environmental review process,ensure that potential flooding impacts;due to new development, including on-site and downstream flood damage, subsidence, dam or , levee failure,and potential inundation from tsunamis and seiche,are adequately assessed'. Impose appropriate mitigation measures (e.g. flood-proofing, levee protection; Delta reclarnations). 10-ab. Prohibit new structures which would restrict maintenance or future efforts to increase the height of the'levees'from being constructed on top or immediately adjacent to the levees. 10-ac. All analysis of levee safety shall include consideration:of the worst case situations of high tides coupled with storm-driven waves. APPENDIX "I 34 F The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 1.0. SAFETY ELEMENT, CONTRA COSTA COUNTY GENERAL. PLAN (1995-2010)5 WATER SUPPLY REQUIREMENTS, PAGES 10-63 TO 10-65 WATER SUPPLY GOALS 10-K, To protect the quality, quantity,and productivity of water resources as vital resources for maintaining:the public,ecological and economic health of the region. 10-L. The safety of valuable underground water supplies for present and future users shall be ensured by preventing contamination. 10-M. All wells and other entrances to aquifers shall be identified and protected. WATER SUPPLY POLICIES 10-73 The County shall',support water quality standards adequate to protect public health in importing areas as a priority at least equal in status to support of day/Delta estuary water standards. + 10-74. Point sources of pollution shall be identified and controlled'to protect adopted beneficial uses of water. 10-77. Land use plans and major project proposals that would encourage development served by wells and ;septic' systems shall be approved only after there are assurances of the adequacy of the aquifer and that there is minimum risk of well contamination during the rainy season. WATER SUPPLY IMPLEMENTATION MEASURES> 10-af. A permit system shall be required for all future wells or other shafts to aquifers. 10-ag. Monitoring of well water quality shall be required. APPENDIX'"I" 31 #- - The development on Salisbury Island either directly conflicts with, or, is inconsistent with this General Plan policy. CHAPTER 10. SAFETY ELEMENT,, CONTRA COSTA COUNTY GENERAL PLAN (1995-2010), PUBLIC PROTECTION SERVICS AND DISASTER PLANNING> PUBLIC PROTECTION SERVICES AND DISASTER PLANNING IMPLEMENTATION MEASURES 10-aq. In cooperation with cities within the County and public protection agencies, delineate evacuation routes, emergency vehicle routes 'for disaster response and, where possible, alternative routes where congestion or road failure could occur. " 10-ar. Development of areas identified by the criteria of the State Division of Forestry as having an Extreme Fire Lazard will be avoided where possible. 'homes located in extreme or high fire hazard areas' will be constructed with fire-resistant materials and the surroundings should be irrigated or landscaped with fire resistant plants. 10-as. Require projects which encroach into areas which are determined to have a high or extreme fire hazard, or which incorporate wildfire hazard areas, to be reviewed by the appropriate Fire Bureau to determine if special fire prevention measures are advisable. 10-at. Major developments will not be approved if fire fighting services are not available or are not adequate for the area: APPENDIX"I" 32 F The development on Salisbury,Island either directly conflicts with, or, is inconsistent with this General Pian policy. APPENDLX II PERTINENT LEGAL FINDINGS FOR ENTITLEMENT ACTIONS THAT MIGHT BE SOUGHT Part Four• Provision of Suggesteed Entitlement Findings set period of time,or(2)capacity will be provided by a funded program or other mechanism. Project approvals conditioned on(1)or(2)above,will lapse according to their terns if not satisfied by verification that capacity exists to serve the specific project("will serve letters"), actual hook-ups or comparable evidence of adequate water quanty and quality availability. . anita ewer- The County pursuant to its police power and as the proper governmental entity responsible for directly regulating land use density or intensity,property development and the subdivision of property within the unincorporated areas of the County,shall require new development to demonstrate that adequate sanitary sewer quantity and quality can be provided. At the project approval stage,the County may consult with the appropriate sewer agency. The County,based on information furnished or available to it from consultations with the appropriate sewer agency,the applicant or other sources, should determine whether(1) capacity exists within the sewer system if a development project is built within a set period of time, or(2)capacity will be provided by a funded program or other mechanism. Project approvals conditioned on(1)or(2) above,will lapse according to their terms if not satisfied by verification that capacity exists to serve the specific project("will serve letters"), actual hook-ups or comparable evidence of adequate sewage collection and wastewater treatement capacity availability. 4. Fire Protection -Fire stations shall be located within one and one-half miles of developments in urban, suburban and central business district areas. (Refer to Figure 4-2,pg. 4-9,in the General Plan). Automatic fire sprinkler systems may be used to satisfy this standard. 5. Public Protection -A Sheriff facility standard of 155 square feet of station area per 1,000 population shall be maintained within the unincorporated area of the County. 6. Parks and Recreation-Neighborhood parks: 3 acres required per 1,000 population., T. Flood Control endDry-Require major new development to finance the full costs of drainage improveenints necessary to accommodate peak flows due to the project. Limit development within the 100 year flood plain until a flood management plan has been adopted and implementation is assured. For mainland areas along rivers and bays, it must be demonstrated that adequate protection exists through levee protection or change of elevation prior to development. Date of Last Revision:4/29/00 16-2 Section 16 •Provision of Suggested Findings Required by Law Development shall not be allowed in flood prone areas designated by the Federal Emergency Management Agency until a risk assessment and rather technical studies have been performed. (lief. the Gro"Wt Management Element of"the General Plan) B. Rezoning 1. The change proposed will substantially comply with the general plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed but this does not require demonstration of future financial success. (Ref. 26-2.18116 of the County Cade) -- C. Land Use Permit 1. That the proposed conditional land use shall not be detrimental to the health, safety, and general welfare of the county. 2. That it shall not adversely affect the orderly development of property within the county, 3. That it shall not adversely affect the preservation of property values and the protection}of the tax base within the county. 4. That it shall not adversely affect the policy and goats as set by the general plan. 5. That it shall not create a nuisance and/or enforcement problem within the neighborhood or community. 6. That it shalt not encourage marginal development within the neighborhood. 7. That special conditions or unique characteristics of the subject property and its location or surroundings are established, -3 Date of Last Revision:4129/00 Part Dour a Provision of Suggested Entitlement Findings (Ref.§26-2.2008 and 26-2.2010 of the County Code) D. Deve ment Plan Approval for Conventionally Z ed Retail/Co ercial projects 1. The prop al is consistent with the purpose, (the affected zoning district, 2. The proposal architecturally compatib with other uses in vicinity,both inside'and outs' the(affected zonin district. [Ref. 84-50.1606(b) of th County Cod E. Development Plan Approva f Conventionally oned (M- Multiple Family Residential projects 1. The proposal is consist nt with he purpose f the (affected zoning) district. 2. The proposal is co atble with o er es in the vicinity both inside and outside 'the(affected)distrt. [Ref. ,x`84-26.180b(b) o the County Code F. Variance 1. That any v 'lance authorize shall not const to a grant of special privilege inconsist t with the lim 'ons on other prop rties in the vicinity and the respecti e land use distr' in which the subject roperty is located, 2. That cause of spec` circumstances applicable t the subject property because of its ize, shape,to ography, location or surroundin ,the strict application of the r pective zon` g regulations is found to deprive subject property of rights enjo ed by other properties in the vicinity and within th 'dentinal land use dis ct. 'Includes N-B, R-B,and C zoning districts: Date of Last Revision:4/29/00 16-4 ATTACHMENT T MNM CO4 i 7` "ARE—PRC Q,t 134 teak Street Brentwood, CA 94513 May 15,2W3 Contra Costa County BL&digg Inspection Department E,nfotcancnt Division Attention:Lou R.eintlWer Subject Saulsbury Island Fire and I fe Saietty Hazards On Januory 7,2003,I accompanied representatives from the Contra Costa County Bxildliug Department on an excursion to view the residential snuct uses butt on the referenced island.The following conclusions are based on that visit Luting our visit;,I observed approximately 25 individual structures that have been built along the edge of this small island AD of the bu ldGtngs appeared to be'built to be occupied by people.There were a small number of utility ouibtuldings observed on the island.According to the County Budding oEf gals,none of the buildings were approved by the County Conzainity Devcloptnent Department Accordingly,no plans vA=wbrtiitted for review,no bu& ng perms ism and no inspections pe dot ed on these residences. There is a wide range of construction types and elualit es visible,ring from hist quality custom r# =r type hornes,to 40 year-old mobile homes with plywood additions. In that none of these homes or cabins were:inspected by bi ding inspectors during or after construchon, there is no busy for me to know if they wens built apps priately,or would"meet chit buMag or fire codes,or are safe for people to occupy at any time.Itis especially disturbing'that these strums-are used for oven*t k, g. Sleeping pile are much more;at ask from fire and carbon mono"poisoning due to the delay,in detection. The island that these bonzes are coxistructed on has no bridge nor ferry sea ice, and is tbLetefore uureachable vAth convintional fire apparatus. Tbere'are i ut=tly two smal� p� � p-eqed fireboats avarlabie in Bethel Island.'These would be the:first outside resources to active at a fee emergemy on this island Dae to the time mpirt d to travel to this island,a fire in one burldi�i8 is y to spread to other buildings,and possibly to adjacent islands,before arrival of suppression force. Thank you for the opportunity to comment on this development:Plea.,,firl free to contact me directly if you desire further information. Thy yows, Assistant Fire Chief Phone-925-6-74-3400 Fax-925-534-142.3 Ihein4Dwcfpd,orz,,,l- ATTACHMENT E ENVIRONMENTAL HEALTH DIVISION HEALTH SERVICES DEPARTMENT Inter-Department Memorandum Date: May 27, 2003 To: Carlos Baltodano, Director Building Inspection Department From: Ken Stuart , Director o � nvironental Health Subject: Health Summary—Salisbury Island Summary: There are more than thirty-five single-family dwellings that have been constructed on Salisbury Island. These dwellings were constructed without approved and permitted septic systems, and the primitive sewage disposal methods utilized by the dwellings are prohibited in the Contra Costa County Ordinance Code. There is no approved potable water system for the dwellings. The disposal of sewage from the dwellings results in a significant health risk to the residents as well as a significant contaminates risk to the waters of the state. The utilization of untreated Delta water in the dwellings presents a significant health risk to the residents of Salisbury Island. Recommendations: The abatement orders issued by the Building Inspection Department staff to remove the illegal dwellings from Salisbury Island should be enforced. If the abatements orders are not upheld, then the dwelling should not be occupied until sewage from the dwellingscan be collected, treated and disposed of in a mann er'that meets the codes and regulations of the State of California and Contra Costa County. Furthermore,the dwellings should not be occupied until they are provided with a permitted potable water supply. Background: Sewage Disposal: The dwellings are plumbed with PVC pipes that rec-live wastewater from the toilets, showers,'sinks and washing machines. The liquid waste from each dwelling is then transported via the piping to a bottomless wooden box that is located under the dwelling or between the dwelling and the Delta waters. Based on discussion with the residents,there is a dug hole below the wooden box where the raw sewage remains until it is absorbed into the surrounding soil and/or water. There are no septic tanks to provide.,solids separation and partial digestion of the sewage. The pits are usually located within 50 feet of the,edge of the water, and built on the island levy. The pit bottoms most likely interface with the water table, and this.. would result in the raw sewage interfacing directly with the water table. ......................................... ...................................... ............... ........... ......................... .......... The existing seepage pits violate both county codes and the Basin Plan of the Central Valley Regional Water Quality Control Board. Violations include the failure to obtain permits to construct, failure to have the system inspected by staff of this Division during construction, inadequate lot sizes for individual septic systems, having more than one system per lot, inadequate minimum depth to ground water, installation of a system type prohibited by code, inadequate minimum setback distances, absence of replacement areas, and inadequate soil depth to provide treatment. Water Supply: The existing water supply consists of a pump that draws water directly from the Delta, a small pressure tank, and distribution lines to the dwellings. Most dwellings utilize cartridge swimming pool filters installed under the units to remove large particles from the water before it enters the dwellings. There is no disinfection of the surface water. The residents use the surface water for their showers, sinks, and washing machines while utilizing bottled water hauled from shore for drinking and food preparation. The water supply violates numerous county and state Health and Safety Codes, and is not a potable water supply. The greatest health concern is the risk to the residents and visitors of the dwellings to contact such waterborne diseases as cryptospiridium,hepatitis, and amoebic dysentery. To be potable, surface water must meet health standards that include filtration and disinfection. The utilization of bottled water for cooking and drinking does not preclude the transmission of diseases from contact with the untreated water during showers or sink utilization. Options: 1. Do Nothing: Allowing the dwellings to remain as currently utilized will result in a continued threat of sewage contamination to the waters of the Delta and human contact with a nonpotable water source. The condoning of structures that violate local and state health codes is not an acceptable alternative. 2. Upgrade the Structures: The absence of subdivided lots,water table, available soil depth, and minimum setback distances would preclude the installation of an approved onsite wastewater disposal system for the individual dwellings. It may be possible to construct a community sewage system,but such a system would be under the permit authority of the Central Valley Regional Water Quality Control Board. The Regional Board has indicated that subsurface disposal of the sewage effluent would be required, and such a system would probably have to be owned and operated by a public entity. Utilization of a holding tank(s) for single-family dwellings is prohibited by code. Before staff of this Division could issue a permit for a community water system,the operating entity would have to submit documentation that shows their ongoing ability to meet state and federal code requirements for Technical,Managerial, and Financial (TMF) abilities. An operating entity would be required, the system would have to be operated by a certified water treatment plant operator, a continuous and backup electrical power source would be required, and extensive ongoing chemical,bacteriological, and turbidity monitoring of the surface and treated water would be required. Implementation of this alternativewould be difficult,expensive, and time consuming. 3. Abate the Dwellings:'The existing density of the dwellings and physical location of the dwellings prohibits the safe`utilization of individual septic systems and individual water systems. The development and operation of a community sewage system and community:. water system for the island is a difficult and expensive proposal that would take an extensive amount of time for approval before the systems could be constructed. Allowing the dwellings to continue utilization of the existing sewage disposal methods and water system is not an acceptable health alternative. Therefore, abatement of the dwellings is appropriate. Please contact me at(925) 645-5137 if you have any questions. cc: Dr.William Walker,Director, Health Services Department Dennis Berry,'Director, Community Development Department Richard Lee, Supervising Environmental Health Specialist K.S:rc California Regional Water (duality Control Board Central Valley Region Robert Schneider,Chair Winston H.Hickox �.. Gray Davis` secretaryfor Sacramento Main Off'ite Governor Environmental Internet Address: hupWwww.swrcb.ca.gov/rwgcb5 Protection 3443 Routier Road,suite A,Sacramento,California 95627-3043 Phone(916)255-3000•FAX(916)255-3015 e kt ^j 22 May 2003' AY - 7 3 Mr. Ken Stuart,Director Contra Costa Environmental Health Department 2120 Diamond Blvd., Suite 200: Concord, CA 94520 WASTEWATER DISPOSAL SYSTEMS AT SALISBURY ISLAND, CONTRA COSTA COUNTY Thank you for meeting with me on 15 May 2003 to discuss the subject subdivision. Based on our meeting and previous conversations, I understand that there are at least 29 residences on Salisbury Island that were constructed without proper approvals from Contra Costa County planning and building officials. I understand that these residences discharge raw sewage to unpermitted earthen pits, many of which.are excavated below the water table. We agree that these systems are completely inappropriate as well as illegal. In addition to violating County ordinances and regulations, because no report of waste discharge was filed, these systems are also constructed in violation of California Water Code Section 13260, which states in part: (1) All of the following persons shall file with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board: (a) Any person discharging waste, or proposing to discharge waste,'within any region that could affect the quality of the waters of the state, other than into a community sewer system. As you know,the Regional Board has traditionally waived regulatory oversight of residential on-site sewage disposal systems to the county when the county has a program that ensures such systems comply with the Regional'Board's Guidelines for Waste Disposal From Land Developments. However, the systems at Salisbury Island apparently do not even provide the minimal level of treatment and human exposure prevention that a septic system provides. Given the shallow groundwater at the island, even septic systems would not comply with the guidelines and would not be acceptable to the Regional Board California Environmental Protection Agency 0 Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site athttp://www.swreb.ca.gov/rwgcb5 Mr.Ken Stuart -2- 22 May 2003 Contra CostaEnvironmental Health Department We understand that the County Board of Supervisors may consider allowing the residences to remain in place on the island. Based on our current understanding of the site and development density, advanced wastewater treatment processes and engineered land disposal;facilities would be needed to protect groundwater quality and public health. Therefore,the wastewater treatment and disposal system would be regulated under Waste Discharge Requirements (WDRs) adopted by the Regional Board, and no discharge can occur until the WDRs are adopted. The Regional Board may also require that a public entity be formed pursuant to Government Code Section 53090 et seq. to own, operate and maintain the wastewater treatment facility. We suggest that the County mitigate the existing pits by removing gross solids and,pumping standing water until at least three times the pit volume has been removed. The pits should then be backfilled with compacted,fine-grained soil. If you have any questions, please call me at (916},255-3140. ANNE L. OLSON, P.E. Water Resources Control Engineer cc: Lou Reinthaler,Contra Costa County Building Inspection Department,Brentwood WILLIAM B. WALKER, M.D.', CONTRA COSTA HEALTH:SERVICES DIRECTOR ENVIRONMENTAL K.Etvr ETH C. STUART, HEALTH ENvrROr M£NTAL HEALTH DIRECTOR 2�2� DidriBrBlvd.. 200 COQTRh COSTA Goncrd, Calitornia HEALTH SERVICES 94520 Ph(925)646-5225 Fax(925)646-5168 www.cocoeh.org December 18, 2002 Lou.Reinthaler.. Cora Costa County Building Department 551Pine Street,North Wing I'd Floor Martinez,CA 94533 Dear Mr.Reintbaler: The Environmental Health Division conducted a joint onsite inspection with various county agencies at Salisbury Island,';Contra.Costa County on November 20, 2002 to determine if each of the 29 single-family-dwellings has an approved'water source and liquid waste disposal system that meets county code requirements. Sherman culmen, Senior Environmental Health Specialist—Septic System Plan Review, William Alejandro,Seng Environmental Health Specialist,--Small Water Systems, and Richard Lee, Supervising Environmental Health Specialist—Land"[.Ise Program were present to evaluate the:site. The inspection revealed that the 29 homes reside on one parcel,and k is not subdivided and cannot be subdivided under its current zoning designation. The parcel is approved for only 1 single- lily-dwelling. Each home is connected to an individual seepage pits for disposal of sewage effluent. The sole source of water coimected o the homes is from the Delta. In addition, the residents bring bottled water onto the ism. The single-himily-dwellings that exist on Salisbury Island are in violation according to the Contra Costa County Ordinimce,regarding individual septic systems under"Title 4, Section 420- 2.004 and.420-6.303 (a)(b)(c), and water supply under Title 4, Section 414-4.202 and 414-4.202. The ordinance prohibits the installation of a septic system without a permit and,the regulation does not allow the utilization of seepage pits. Likewise,the code rues that the homes are to provide potable water from a permitted small water system. Please contact me at (925) 383-5795, if additional information is needed. Sincerely, ` ^ t Richard K"Lee, REH Supervising Environmental Health'Sped Land Use Programs cc: Ken Stuart,Director of Environmental Health Sherman Quinlan, Senior Environmental Health Sped William Alejandro,'Senior Environmental Health Specialist i t i • Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services * Contra Costa Enwronmental Health Contra Costa Health Pian �.: • Contra Costa Hazardous Materials Programs *Contra Costa Mental Health . Contra Costa Public Health Contra Costa Regional Medical Center Contra Costa Health Centers 420-6.117 4204:117 Subdivision. (1) That such waiver shall be limited to minor repair "Subdivision" means a division or any`.use of real of the "improperly functioning" existing individual property that does or may reasonably be expected to system,provided no nuisance will be created,continued generate sewage or require sewage disposal;and,"sub- or maintained by such waiver,and divider" means the owner of or applicant for a (2) That all requirements of this chapter and subdivision.(Ord.81-30§ 1:§420-6-002(2):(2):Ord.74-67 regulations can be met.(turd. 81-30§ 1). §2: prior code§ 4640(b):Ord. 1440 § 1), 420-6303 Prohibitions. 420-6.119 Site evaluation. a o person shall build or alter-any structure or "Site evaluation" means the investigation of a build on or improve any land,requiring,sewage disposal, F' subdivisions or a lot to determine the feasibility of without having a currently valid permit for an approved' installing an individual system. It shall include a individual system or connecting to an approved sanitary ' determination of compliance with all applicable sanita- sewer. tion requirements and a sanitary survey of the area. (b) No person shall discharge or deposit sewage to Should the sanitary survey disclose falling individual the surface of the ground. systems in the immediate vicinity of the site evaluated, (c) No person shall have or permit an improperly this shall be cause for denial of the feasibility'ofnira individual system, installing an individual system.(Ord. 81-30§ 1), (d) No person shall install, construct, repair,`. reconstruct rebate, destroy, alter, or abandon any 430-6.121 Community sewer collection individual system„ cesspool, pit privy, sewage holding system. tank,or seepage pit without the health officer's advance "Community sewer collection system" means the written approval. structures, devices, equipment, and appurtenances (e) No person shall have or maintain an improperly intended for the collection,transportation,and pumping functioning building sewer or lateral which conducts of sewage from two or more structures to a treatment or sewage from the building to a community` sewer disposal facility.(Ord:8 1-30§ 1). collection system (f) No person shall engage in the business of 420-6.123 Satmary sewer. cleaning septic tanks and subsurface leaching devices, "Sanitary sewer" means :a system for collecting sewage holding tanks,:cesspools, or seepage pits or of residential or municipal wastewater and directing the providing or cleaning chemical toilets without having a collected wastewater to a -treatment works prior to valid permit, license and/or registration issued by the disposal.(Ord.81-30;§ 1). health officer. (g) No person shall t hangt any approved plan or Article 420-63.Enforcement work without the health officer's advance written approval.(Ord.81-30§1;'§§420-6.004,.014,,D16:prior 420.6.301 Sewer-cormectionrequired, code§§4641,4646:C7rds. 1440§2,640§§M,4,Mw3, exception. V-2). Every structure in which plumbing fixtures have been or are proposed to be installed shall be connected to a 420-6305 Building permit restrictions. sanitary sewer and all such plumbing fixtures and Applications for building permits or certificates of sanitary drainage systems or parts thereof shall be occupancy for structures and/or to build on any premises' connected to the sanitary sewer except: requiring disposal of sewage shall,prior to their issuance, (a) Exception. If the health officer determines that be submitted to the health officer for his review and connection to a sanitary sewer is unavailable under the written approval of the proposed sewage disposal system. provisions of Section 420-6.115, an application maybe When the building inspection director is advised that it filed for a permit to install an individual system. has not been demonstrated that an adequate sewa e r (b) Exception. Upon written application to the disposal system complying with this chapter exists or is health officer and in only those cases where an existing assured that such lack is a danger to or likely to cause individual system is found to be functioning improperly, public health problems,he may withhold the issuance of. the requirement for connection to the sanitary sewer may the requested permit or certificate. (Ord. 81-30 § 1: H j? be waived by the health officer if the health officer finds: . 158 ,:. 3 ::� 3 -- ,i,i ... ,3.,, ;f 3 3 Health Officer Regulations Chapter 424 Subdivisions & individual Systems Adoptedz by the Health Office on October 3, 2000 pursuant to County Ordinance Code section 420-6.307 Effective Date October 17, 200th -CONT RA C -0 S TA ' HEALTH- SEIRVICES Environmental Health 2120Diamond Blvd., Suite 200 Concord, CA 94520 Phone-*(925) 646-5225 Fax: (925) 646-5168 (59)"Uniform Plumbing Code"refers to the version of the Uniform Plumbing Code adopted and as amended by the Board of Supervisors. (60)"USDA"stands for United States Department of Agriculture. 0-6.204 Gene L Individual systems are considered to be a temporary means of sewage disposa . areas which are served by individual systems are developed, it will become necessary at some point in the future to install sanitary sewers and utilize a sewage+xeatment plant for disposal. Before any application is filed and the appropriate fee paid,it shall be the responsibility of the applicant to explore'sanitary sewer availability. Only when a written statement from a sewering agency is submitted indicating current refusal to annex the property or the impossibility of a,current connection or that connection is currently not economically feasible shall an application be accepted utilizing individual systems for sewage disposal. These regulations are based on Housing and Urban Development,"Minimum Property.Standards,"the Uniform Plumbing Code,the California Health and Safety Code,the Manual of-Septic Tank Practices,H.E.W.,California Regional Vater Quality Control Boards-Central Valley and Bay Area Regions;and the Ordinance Code,and may be modified by the Health Officer in individual situations when investigations show that conditions warrant. 420-6.206 -Restrictions. in many areas of Contra Costa County soil conditions preclude the practical use of individual systems. In order,to assure the proper functioning of individual systems,the Health"Officer has developed criteria restricting the use of individual systems for specified types of developments and imposed septic tank moratoriums for specified areas of the county. a.Multiple-family uses.. The Health Officer will not accept an application for, and will """,.not-issue-a permit to-install an individuaY,systern to-service)multiple unit-mobile-home,parks sand.-,-. .: ..� . other similar multiple family-use premises other than isolated duplexes or triplexes...The approval of systems to serve multiple unit structures is at the discretion of the Health Officer. b.Moratorium Areas. The Health Officer will not accept an application for,and will not issue a permit to lista))an individual system in designated septic.tanlc:moratorium areas. �lndiviclual systems installed prior.-to-the: tabl shiment ofth:e=moratorium hall comply wttth the _ following conditions. -(1)House additions that potentially or actually increase the.occupancy load in a household are not allowed. This includes bedroom additions or additions that can be converted to bedrooms. (2)Plumbing modification to provide for the use of gray water are not allowed. (3) Swimming pool installations are not allowed unless an adequate filter backwash water reclamation system is installed so that no discharge of water to a subsurface leaching system is necessary. 7 (4)Variances or land use permits that may potentially affect sewage discharges or individual systems must be approved by the Health Officer. (5)Replacement of a structure because of fire damage or other causes may be allowedif the existing individual'system is functioning properly and the new structure does not exceed the occupancy load of the replaced structure. !lther'means The Health Officer will not accept applications for the use of pit privies,hQ ig t or chemical toilets except for temporary use under specified conditions including the following:pit privies and chemical toilets may considered in parks and/or campsites where`the location is so remote as to make the installation of individual systems or sanitary sewers totally impractical. Holding tams and chemical toilets may be used when an existing individual system is under repair. Redwood septic tanks,.cesspools, seepage pits, or dry wells are prohibited. An existing redwood septic tank may be repaired under the conditions specified in section 420-6.420,"Individual System Repairs." d.Sewer Availability.,The.Health Officer will not allow the repair of failing or improperly functioning individual systems when a sanitary sewer is available as defirned in the Ordinance Code: �620-6.208ermit Not Approval cif Violation. The issuance of a'pemut or approval of lansions shall not be deemed or construed to allow a violation of an of the p y provisions of the County Ordinance;Code, these regulations,or State law. The issuance of a permit or approval of plans shall not prevent the Health Officer from thereafter requiring the correction'of errors in said permit,plans or specifications when the condition allowed is in w... violation of,the County Ordinance Code,these regulations,or State law. Z4,21i:Z�iifididmum Allowable Wastewater Flows. a.Except as provided in sub maximum projected or actual wastewater flow from a structure or -i impro-vement'ti--arr. ndividual;.systemm-permitted-uunder-4iese regulations shall,be-2400-gallons-per---•_--- _. day(gpd). { =t , - b:. tract res or imprc�vemertts with•projected or.actual-flows greater;than2;5f10gpd and,,: less than 51000 gpd may be permitted under these regulations'with the approval or concurrence of the appropriate California Regional Water Quality Control Board. 'structures or improvements with projected or actual flows 5,000 gpd or greater shall be served y a wastewater disposal system approved by and operating under a permit from the appropriate California Regional Water Quality Control Board. 420-6.212 Single parcel. An individual system shall serve only one parcel. All wastewater discharge from a structure served by an individual system shall be disposed of into a single system. 420-6.21.4 Notification to Department. A property owner shall promptly notify the 8 (2)The tankand/or''sump lid(s)shall be removed and disposed at a sanitary landfill, (3) Several holes shall be made in the bottom of the septic tank and/or sump. (4)The septic tank and/or sump shall be filled-with pea gravel; drain rock or compacted native soils. (:AERTICLE 420-6.6 SYSTEM REQUIREMENTS AND CRITERIA 420-6.602 Site Evaluation. An individual system shall only be permitted in natural undisturbed ground areas. Modify ng,cutting,benching or altering in any way,.a site being considered for placement of individual system,shall invalidate the site for consideration of an individual system if the Health Officer finds that the modification or alteration prevents the proper evaluation of the site. The site will thereafter not be considered for the placement of an individual system until the Health Officer finds that the site conditions have returned to its . natural state. 420-6.604 Site Criteria,. e following minimum site criteria are established for the pro `on of water a the prevention of health zha=ds and nuisance conditions which could arise from discharges of sewage on individual sites. a.Ground Slope and Stability. Natural ground slope in all areas to be used for effluent disposal shall not be greater than 20 percent for standard systems and 30 percent for suitable alternative systems. All soils to be utilized for effluent disposal shall be stable. b. Soil Depth. Soil depth is measured vertically to the point where bedrock,hardpan, impermeable sails,saturated soils or excessive rock content are encountered. Minimum imum soil depth'shall be-determ ned,based upon soil�quality-and'type,of - Ir Depth to Groundwater. Minimum depth to the anticipated highest.level of groundwater th6b6ttom�ofth '-leaching trench-shall be three feet-for standard systeros.and ressure dosing systems and two feet for pre-treated alternative systems such as sand filter systems and mound systems. d.Soil Percolation Rates. Soil percolation rates for standard systems shall be one(1)to sixty(60)minutesper inch. Alternative systems shall:be allowed for soil with percolation rates from one (1)to one hundred and twenty(120)minutes per inch. A pressure dose distribution system will be required for soil with percolation rates of one(1)to five(5)minutes per inch with limiting factors of high groundwater and/or shallow soils. '--'4 etback Distances. Minimum setback distances for various features of individual systems s all be as shaven in APPENDIX 1. 15 APPENDIX lam SET-BACK REQUIREMENTS ivtrrrla+r�n� sepNe tank, _ HORIZONTAL Interceptor,Dosing Disposal Fie d, Piping(ABS or Cast Piping(PVC or other) DISTANCE tank,Holding tank, Replacement Area Iron) REQUFRED FROM: Distribution box Wells and springs 100 fed 100 feet25 feet 50 feet Hays,streams,Livers, ditches,canals, .100 feet 100 feet 25 feet 50 feet culverts or 10 year flood plaints(1) _.. _ .. Ephemeral strums, rivers,ditches,canals, 50 feet 50 feet 25'feet 50 fed or culverts(1) Lake or reservoir(1) 100.,f§et 200 feet 25 fuer -_..._ _...'.So feet . ..... Domestic water supply reservoir or tributary 1,000 feet 1,000 feet 25 feet 50 feat stream•therca€(1) ... .�. _.. Property line with public water supply 10 feet 10 feet 10 feet and no on-site well - Property line with on- site well or spring 25 feet 50 feet 10 feet water supply - . . .. µ _ Structures and foundations 10 feet 10 feet 5 feet Impexvtous surfaces 5 feet Areas'subject to vehicular traffic 5 feet Notallowed d banks, cuts-manmade,or 10 feet 4 x heigirt 10.fed eseapcmeuts (100 feet maximum) Areas'subject;to inundation or • 5 feet 10 feet 5 feet stromwater run-off Easements and right- of-ways(3) 5 feet 5 feet 5 feet 5 feet Waterlines-public 10 fed 10 feet 1 foot 10 feet' - .. Water lines-private (4) 5 feet 5 feet 1 foot 10 feet Trees 10 feet 10 feet lin erground tmgatton or drainage systems 10 feet 10 feet 10 feet (water tight piping) Underground irrigation or drainage systems 100 fest 100 feet 25 feet 50 feet (non-urate tight piping) Fill areas,unstable soil' or unstable landforms, areas subject to 10 feet 25 feet 10 feet erosion,drainage swales ^- anderlFound ut2lities 5 feet 5 feet Slope(down gradient or at same elevation as Septic system) 20%to<25% 12 feet 12 feet 25%to<30% 25 feet 25 fejt 30%to<35% 37 feet 37 feet >35% 50 feet 5o feet Toe of slope or cut(up gradient)>20-Yo(5) 5 feet 3 feet Notes: (1) As measured from the high water level. (2) Distsace is feet equals four times the vertical,height of the cutbaakkfilt bantc;''catausnade or csca em '(3) Unless easement's specifically for septic system. (4) Sec Uniform Plumbing Code for parallel crossing.' (5) Except as specified for cutbacks,fill banks.cuts-manmade,or escapements. TheBoard of Sup ervii u r� Contra JohnClerk of the Bof Board oard iand Costa County Administrator County Administration Building 651 Pine Street,Room 106 (925)335-1900 l.i Martinez,California 84553-1293 Col 1 n-�1 John Cola,1 st District l ( Gayle B.Utikerna,2nd District = [3rd District — VACANT Mark De5auinier,4th District Federal Glover,5th District fs June 4,2003 Re Abatement Appeal of Salisbury Island,Inc.and its shareholders/members APN'#001-111-021 In accordance with Contra Costa County':Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that June 17, 2003at 1:30 p.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer:declaring that the above mentioned property is a public nuisance in violation of Ordinance Code section 74-1.002 [California Building Code section 106.11 (boat docks, staircases and gangways without'building permits). The violations are on property located at a parcel of land known as Salisbury Island, northeast'of Coney Island, in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers,Room 207,651 Pine Street, (the Administration Building),Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator ! p and Clerk of the Board d - 1` y Danielle Kelly,Deputy Clerk attricbment Ll + l tF Z cc.County Counsel Bttilcling Inspection File List CCINTR.AC F OF SALE Purchase and Saks Agreeinertt ride by and between ,, ` 1- (sellers)and "Whereas for good consideration the parties mutually agree that: 1. Seller agrees to sell and Buyers agree to buy the following described property: One membership in Salisbury Island Membership Corporation to include: (l)group ownership of at least 20%of Salisbury Island (2)Lot# ;'for exclusive personal use 2. Buyer agrees to pay to Seller and Seller agrees to accept . L as total purchase lance payable as follows: 3. Seer warrants it has fid'l,authority to sell property. 4. Said property is sold in "As Is" ccandition,Seller disclaiming any warranty of merchantability, fitness or working order or condition of the property except that it shall be solei in its present,condition; 5. The parties agree to transfer a membership card' on 6. This agreement shall be binding upon and inure to the benefit of the parties,their successors, assigns,and personal representitives 7.This membership is saleable and is transferable to heirs. Signed'and agreed upon o _ Buyer S;ller Buyec Seller . d A-2 L•_� ERAL AGRICULTURAL DISTRICT 84-38.404 84.38.1006 has obtained state or local approval(license)for the Article 84-38.5 proposed operation,where not more than six minors Lots reside on the premises with not more than two su- pervisory persons. 84-38.608 Lot area,width and depth.Except ; (6) A family day care home where care,protec- as providedin Section 84-38.610, uses allowable tion and supervision of twelve or fewer children in under Article 84-38.4 are allowable only on lots the provider's own home are provided for periods which equal or exceed all of the following:'five of less than twenty;-four hours per day, while the acres in area,two hundred:fifty feet average width, parents or guardians'are away.(Ords.94-28§ 2,86- and two Hundred foot depth. (Ord. 73-86 § 1 (r a ), 43 § 13, 68-25 § 2, 1968, 1569, 1555, 1535: prior 1.973). code § 8256(a): Ord. 1406). 84-38.610 Existing legal lots excepted. Any 84-38.404 Uses with land use permit. The single lot legally created in an .A-2 district before follow ng uses are allowable on the issuance of a November 29, 1973,at least forty thousand square land use permit feet in area may be used as provided in Article 84- (1) Allowable uses designated in Section 84- 38.4. (Ord.73-86 § 1 (part), 1973). 36.404; (2) Merchandising of agricultural supplies and Article 84-38.8 services incidental to an agricultural use; Building Leight (3) Canneries,wineries and processing of agri- cultural products and buildings for the storage of 8438.802 Building heigh€, -- Maxirnurn. agricultural products on parcels less than ten ages Building height provisions for the A-2 district shall in size; be the same:as those for the A-1 district (Section (4) Slaughterhouses and stockyards;; 84-36.802). '(Ord. 1569: Ord. 1555: prior code § (5) Rendering plants and fertilizer' plants' or 8156(f): Ord. 2406). yards; (6)' livestock auction or sales yards; Article 84-38.10 (7) Living accommodations for agricultural Yards workers to be primarily used for temporary housing of agricultural workers while performing seasonal 84-38.1002 'hard ---'Side. There shall be an agricultural work on the owner's property; aggregate side yard width of at least forty feet No (8)` Commercial recreational facilities when the side yards shall be less than twenty feet in width. principal use is not in a building;' No trams, stables, apiaries, aviaries,or other build- (9) Boat storage areas within one mile by public ings or structures used to house livestock,grain--fed road of a boat launching facility open to the public; rodents, bees, binds, or poultry shall be located in (10) Retail firewood sales; the A-2 district nearer than fifty feet to the boundary (11) Recycling operations intended to sort and/or line of any residential land use district. (Ord. 1563: process material for reuse except for those activities Ord. 1.555: prior code § 8156(g)-.' Ord. 1406). described in Section 88-4.206; (12) Museums in which objects of historical, 84-38.1004 Yard --'Setback. Setback (front artistic, scientific or cultural importance are pre- yard)'provisions for the A-2 district shall be the served and displayed. (Ords. 94-28 § 2, 894-6 § 2, same as those for the A-1 district (8 -36.1004). 76-36 § 3, 7437 § 2, 60-82, 1988, 1569 § 2: prior (Ord. 1569:'Ord. 1555: prior code § 8156(h): Ord. code.§ 8156(b):Ords. 1406§3,497 §4,"382§4E). 1406). 84-38.4 Uses -- Refuse disposal site — 84-38.1006 Yard—Rear.There shall be a rear Permit required.Refuse disposal sites are permitted yard of at least fifteen feet for any structure. (Ord. in the A-2 district upon the issuance of a permit 1569. Ord. 1555: prior code § 8156(i): Ord. 1406). under the provisions of Chapter 418-4. (Ord.72-859 § 2, 1972). RECEIVED till 1 335 (Coma Cosu Conoty 10-94) CHER, ± t� t : 1 i ' t s K L n S> F g: y fit! MIR HIM t � \ � : u 00 # q :.. .. A JT ZOIr t :. Thd Board of Su ervLors ��""l�l'� John Sweeten Clerk of the Board and frCounty Administration Building Costa County Administrator 651 Pine Street,Room 106 (925)335-1900 Martinez,California 94553-1293County John Giola,i st District Gayle B.Uiikema,2nd District @ rd District — VACMr f , Mark DeSaulnkw,4th District f ' Federal Glover,5th District c: June 4,2003 Re:Abatement Appeal of Salisbury Island,Inc.and its shareholders/members APN#001-111-021 In accordance with Contra Costa County Ordinance Code Article 14-6.4 (Uniform Public Nuisance Abatement Procedure),you are hereby notified that lune 17, 2003at 1:30 p.m is the date and time set'for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of Ordinance Code section 74-1.002 [California Building Code section 106.11 (boat docks, staircases and gangways without building permits)'. The violations are on property'located at a parcel of land known as Salisbury Island, northeast'of Coney Island,in Old River,Myron area. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 651 Pine Street, (the Administration Building),Martinez, CA.. The hearing will be conducted in accordance with procedures set forth in Contra Costa County, Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and.Clerk of the Board f!J►/� 00 12� ( l9 By bl& Danielle Kelly,Deputy Clerk attachment APS Z'S 4rR,1 (F012 cc:Conray Counsel Building InWecdon File List A-2 C—NERAL AGRICULTURAL DISTRICT 84-38.444----84.38.1006 has obtained state or local approval(license)for the Article 54-38.6 proposed operation,where not more than six minors Lots reside on the premises with not more than two su- pervisory persons, 84-38MS Lot area,width and depth.Except (6) A family day care home where care,protec- as providedin Section 84-38.610, uses allowable tion and supervision of twelve or fewer children in under Article 84-38.4 are allowable only on lots the provider's own home are provided for periods which equal or exceed all of the following: five of less than twenty-four Fours per day, while the acres in area,two hundred fifty feet average width, parents or guardians are away.(Ords.94-28§ 2,86 and two hundred foot depth. (Ord.73-86 § 1 (part), 43 § 13, 68-25 § 2,;,1968, 1569, 1555, 1.535: prior 1973). code`§ 8156(a): Ord. 1406). 84-38.610 Existing legal lots excepted. Any 84-38.404, Uses with land use permit. The single lot legally created in an A-2 district before fallowing uses are allowable on the issuanceofa November 29, 1973,at least forty thousand square land use permit: feet in area may be used as provided in Article 84- (1)` Allowable uses designated in Section 84- 39.4. (Ord.73-86 § I (gait), 1973). 36.404; (2) Merchandising of agricultural supplies and Article 84-38$ services incidental to an agricultural use; Building Height (3) Canneries,wineries and processing of agri- cultural products and buildings for the.storage of 84-38.802 Building height --- Maximum. agricultural products on parcels less than ten acres Building height provisions for the A-2 district shall in size; be the same as those for the A-1 district (Section (4) SIaughterhouses and stockyards, 84-36.802). (Ord. 1569: Ord. 1555: prior code § (5) Rendering plants and fertilizer plants or 8156(f): Ord. 1406). yards; (6) Livestock auction or sales, yards; Article 84-38.10 (7) Living accommodations for agricultural. Yards workers to be primarily used for temporary housing of agricultural workers while performing seasonal 844-38.1002 Yard --- Side. There shall be an agricultural work on the owner's property; aggregate side yard'width of at least forty feet No (8) Commercial recreational facilities when the side yards shall be less than twenty feet in width. principal use is notin a building; No barns, stables, apiaries, aviaries,or other build- (9) Boat storage areas within one mile by public ings or structures used to house livestock,grain-fed road of a boat launching facility open to the public; ` rodents, bees, birds, or poultry shall be located in (10) Retail firewood sales; the A-2 district nearer than'frf€y feet to the boundary (11) Recycling operations intended to sort and/or line of any residential land use district (Ord. 1569: Awl process material forreuse except for those activities Ord 1555: prior code § 8156(g) Orsi. 1446). described in Section 88-4.246; (12) Museums in which objects of''historical, 84;38.10114 Yard --:Setback. Setback (front artistic, scientific or cultural importance are pre- yard) provisions for the A-2 district shall be the served and displayed. (Ords. 94-28 § 2,'89-46 § 2, same«as those for the A-1 district (84-36.1004). 76-36'§ 3,7437 § 2, 60-82, 1988, 1569 § 2: prior (Ord. 1569: Ord. 1555:prior code § 8156(h): Ord. code''§ 8156(b):Ords. 1406§3,497 §4,'382§4E). 1406). 84-38.406 Uses -- Refuse disposal site — 8438.1006 Yard--Rear.There shall be a'rear Permit required.Refuse disposal sites are permitted yard of at least fifteen feet for any structure. (Ord. in the A-2 district upon the issuance of a permit 1569: Ord. 1555:prior code § 8156(i): Ord. 1406). under the provisions of Chapter 418-4. (Ord. 72-89 § 2, 1972). RECEIVES 335 (Conan Costa County'IC--94) CLERK is . ............................................................................................ CONTRACT of SALE Purchase and Sales Agreement made by and between , (sellers)and (buyers r Whereas for good consideration the parties mutually agree that: 1. Seller agrees to sell and Buyers agree to buy the following described property: One membership in Salisbury Island Membership Corporation to include: (l)group ownership of at least'20%of Salsbury Island (2)Lot# ; for exclusive personal use 2. Buyer agrees to pay to Seller and Seller agrees to accept i „€ . ---as total purchase price payable as follows: becp t 3 Seller warrants it has fitu authority to sell property. 4. Said property is sold in"As Is"condition, Seller disclaiming any warranty of merchantability,fitness or working order or condition of the property except that it shall be sold in its present condition. 5. The parties agree to transfer a membership card on 6. This agreement shall be Finding upon and inure to the benefit of parties,their successors, assigns, and personalrepresentitives. 7. This membership is saleable and is transferable to heirs. Signed and agreed upon on .f .: Buyer ` ' p Seller `� r Buyer Seller _ L. {e I � v 3 ig XRVpRwill 3 1 .#�� RS., , a a VA Wu ky �,. '�"".mow"..+°-��•' \a a � z � n; 3 E } 4 ILN-13-2003 17:54 GCC BID 925 646 1219 P.01/03' Building (/"" "} can" ""Doan* a��'n Contra t itecior of MAding Inspection Cost County Adrr Nstratio a Bui d ng 6Sy rrPine Street,3rd Floor,North Vying County !Martinez, California=54553-1296 (925) 645-23 FAX (925)646-1219 } FAX TRANSMITTAL OATS juna TO Board Members, County Administrator, Clerk of the Board FROM Carlos Baitodano SUBJECT Appeal' of Abat-T—t at al 7-4tx�y--Tsland Rages sent;Including this page. 3 Sent for your ❑ Information 91 Review ❑ Approval p As Requested Original will g) Not be sent ❑ Be sent by mailicarr er ❑ Be=hand delivered SSAGI: Pae 2 of the attached'letter from the .California 8e ional [late quality Control. Board might have been inadvertently left cuff your packets fo the appeal on 'Salsisbuty Island to be heard on .Tune 17 2003. I am sorrZ for the inconvenience. IF THERE IS A TRA SMIiSSION PROULEM,PUASE PHONE FAX OPERATOR AT{925}646-2300 f S.CLEPM-B1 RMSIPAX COVER' o Lvb 1 AA0 .. 925 646''1219 P.92��3 JUN-13-2103 1?'>55 ac B I D 91 ity Cen tml valley Region Robert Schneider,Chadr Winston R.McknxCray Davis S-Maryfor6aer ° 1Vlalat ott ce rOverrwr Enu a wr&AW1 1ceWMd Ad*=: heir/€wswrcu.caVvJf rgei s Prntreritm+ 3�t3 f�o�tiea Rr�2.Sttt�,�,sa�smcz�o,+ tt „.9,S31z2s3�?3.. � ....... •-�_$ onel9ltf}Z55m3Wt}• aX{915},23s Sts 22 May 2403 NN '2003 Mr.Ken Stuart,Director Contra Costa Environmental Health Department _ 212€1 Diamond Blvd., Suite 200 Concord,CA 94524 WASTEWATER DISPOSAL SYSTEMS AT SALISBURY ISLAND,CONTRA COSTA COUNTY Thank you for meeting with me on 15 May 2W3 to discuss the subject subdivision. Based on our ruing and previous conversations,I understand that there are at least 29 residences on Salisbury Island that were constructed without proper approvals from Contra:.Costa'County planning and building officials. I understand that these residences discharge raw sewage to unpermitted earthen pits, many of which are excavated below the water table, We agree that these systems are completely .inappropriate as well as illegal: In addition to violating County ordinanm and regulations,because no report of waste discharge was filed,these systems are also constructed in violation of California Water Code Section 13260,which states in part; (1) All rt,f rhe,following Persons shall file with the appropriate reional board a report of the discharge, containing the information that may be required by the regional board (a) Any person discharging waste,or proposing to discharge waste, within- any region that could affect the quality of the waters of the state,other; than into,a community sewer system. As you ijww,the Regional Board has traditionally'waived'regulatory oversight of residential tin-site sewage disposal systems to the county when the county has a program that ensures such systems comply with tete RegionalBoard's Guidelines for Waste Disposal From Land Developments. However,the systems at Salisbury Island apparently do not even provide the minimal level of ueatment and human exposure prevention that a septic system provides. Given the shallow groundwater at the island, even septic systems would not comply with the guidelines and would not be acceptable to the Regional Board C4 ornia Environmental AratectiOn Agency eg�r�rPAptr The energy tbaateatt$e falai Catifck7tia is rez♦i. ffrery fesmiari'aaads td ellen iEumeE!#au acteoa res reduce energy eausurtsyuon. PRr 4 tics&SIMpte ways Y40U Gam reduce d4:MUW gad cut row enagy casts„sex our Web-site at htap:/1www.sw:cb.e2:gavtrzvgrb5 JUN-13x-2003 1?:55 CCC 'BID 925 646 1219 P.03/03 Mr. Ken Stuart -2- 22 May 2003 Contra Costa Environmental Health Department We understand that the County Board of Supervisors may consider allowing the residences to remain in glace on the island. Based on our current understanding of the site and development density, advanced wastewsw treatment processes and engineered land disposal facilities would be needed to protect groundwater quality and public.health. Therefore,the wastewater treatment and disposal system would be regulated under Waste Discharge Requirements'(WDRs)adopted by the Regional' Board,and no discharge can occur until the WDRs are adopted. The Regional Board may also require that a public entity be formed pursuant to Government Code Section 53090 er seg. to own,operate and maintain the wastewater treatment facility. We suggest that the County mitigate the existing pits by removing gross solids and pumping standing Fater until at least three times the pit volume has been removed. The pits should then be backfilled with compacted, fine-grained sail. If you have any questions,please call me at(916L.255-3140- ANNE L.OLSON,F.E. Water Resources Control Engineer cc: Lou Rcinthaler,'Contra Costa County Building Inspection Department,Brentwood TOTAL P.03 California Regional `mater Quality Control Board Central Valley Region Robert Schneider,Chair f Winston H»Hickox - Gra Davis secretary for Sacramento Main omce Governor Environmental Internet Address: bttpV/www swrcb.c a gov/wgcb5 Protection 3443 Routier Rand,Suitt A,5acran=tD Wfotnie 95$27-3003 • . . Phone(916)255-3000•FAX(916)255-3015 22 May 2003 14AY 2 7 W. Kett Stuart,Director Contra Costa Environmental Health DepartmentI>2120 Diamond Blvd., Suite 200' CONSAH Concord, CA 94520 WASTEWATER DISPOSAL SYSTEMS AT SALISBURY ISLAND, CONTRA COSTA COUNTY Thank you for meeting with me on 15 May 2003to discuss the subject subdivision. Based on our meeting and previous conversations,I'understand that there are at least 29 residences on Salisbury Island that were constructed without proper approvals from Contra Costa County planning and building officials. I understandthat these residences discharge raw sewage to unpermitted earthen pits, many of which.are excavated below the water table. We agree that these systems are completely inappropriate as well as illegal. In addition to violating County ordinances and regulations,because no report of waste discharge was filed,these systems are also constructed in violation of California Water Cade Section 13260,which states in part: (1) All of the following persons shall ftle with the appropriate regional board a report of the discharge, containing the information that may be required by the regional board: (a) Any person discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system As you know,the Regional Board has traditionally waived regulatory oversight of residential on-site sewage disposal systems to the county when the county has a program that ensures such systems comply with the Regional Board's Guidelines for Waste Disposal Brom Land Developments. However, the systems at Salisbury Island apparently do not even provide the minimal level of treatment and human exposure prevention that a septic system provides. Given the shallow groundwater at the island, even septic'systems would not comply with the guidelines and would not be acceptable to the Regional Board California Env ronmen t Protection Agency Cd Recycled Paper 'rhe energy challenge facing California is real. Every Californian needs to take iznzoediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at http•J/wwwswrcb.ca.gov/rwgcbS Mr.Ken Stuart -2- 22 May 2003 Contra Costa EnvironmentalHealth Department We understand that the County Board of Supervisors may consider allowing=the residencevto remain in place on the island. Based on our current understanding of the site and development density, advanced wastewater`,treatment processes and engineered land disposal facilities would be needed to protect groundwater quality and public health. Therefore,the wastewater treatment and disposal system would be regulated under Waste Discharge Requirements (WDRs)adopted by the Regional Board, and no discharge can occur until the WDRs are adopted. The Regional;'Board may also require that a public entity be formed pursuant to Government Code Section 53090 et seq. to own,operate and maintain the wastewater treatment facility. We suggest that the County.mitigate the existing pits by removing gross sob and pumping standing water until at least three times the pit volume has been removed. The pits should thea be backfilled with compacted, fine-grained soil. If you have any questions,please call me at(916)_255-3140.' ANNE L.OLSON,P.E. Water Resources Control Engineer Y cc: Lou Reinthaler,Contra Costa County Building Inspection Department,Brent odf California Regional Water Quality Control Board' Central Valley Region Robert Schneider,Chair Winston H Hickogi a Davis Secretaryfor Sacramento Main orfice Governor Environmental Internet Address: http://www.swrcb.rA.,S,ovlrwqcbS govlrwgcb5 Protection 3443Routier Road,suite A,Sacramento,C&Hfmda 958M,-300.. . ,.,. Phone(916)255-3000•FAX(916)755-3013 22 May 2003 AY ? " , Mr. Ken Stuart,Director Contra Costa Environmental Health Department e 2120 Diamond Blvd., Suite 200 o Concord, (rA 94520 WASTEWATER DISPOSAL SYSfiEMS AT'SALISBURYISLAND, CONTRA COSTA COUNTY Thank you for meeting with me on 15 May 2003 to discuss the subject'subdivision. Based on our meeting and previous conversations,I understand that there are at least 29 residences on Salisbury Island that were constructed without proper approvals from Contra Costa County planning and building officials. Iunderstand that these residences discharge raw sewage to unpermitted earthen pits, many of which-are excavated below the water table.' We agree that these systems are completely inappropriate as well as illegal. In addition to violating County ordinances and regulations;because no report'of waste discharge was filed, these systems are also constructed in violation'of California Water Code Section 13260, which states in part: (1) All of the following persons shallfite,with the appropriate regional board a report of the discharge, containing the information that maybe required by the regional board.- (a) oard:(a) Any person'discharging waste, or proposing to discharge waste, within any region that could affect the quality of the waters of the state, other than into a community sewer system. As you'know,'the Regional Board has traditionally waived regulatory oversight of residential on-site sewage disposal systems to the county when the county has a program that ensures such systems comply with the Regional Board's Guidelines for Waste Disposal From Land Developments. However,the systems at Salisbury Island apparently do not even provide the minimal level of treatment and human exposure prevention that a septic system provides. Given the shallow groundwater at the island,even septic systems would not comply with the guidelines and would not be acceptable to the Regional Board California'Environmental Protection Agency 0 Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs,see our Web-site at bttp://www.swrcb.m.gov/rwgcb5 Mr. Ken Stuart -2- 22 MayL 2003 Contra Costa Environmental Health Department We understand that the County Board of Supervisors may consider allowing=the res dencalo remain in place on the island. Based on our current understanding of the site and development density, advanced wastewater treatment processes and engineered land disposalfacilities would be needed to protect groundwater'quality and.public health. Therefore,the wastewater treatment and disposal system would be regulated under Waste Discharge Requirements(WDRs)adopted by the Regional Board,and no discharge can occur until the WDRs are adopted. The Regional Board may also require that a public entity be formed pursuant to Government Code Section 53090 et seq. to own,operate and maintain the wastewater treatment facility. We suggest that the County mitigate the existing pits by removing grass solids and pumping standing water until at least three tunes the pit volume has been removed. The pits should then be backfilled with compacted, fine-grained soil If you have any questions,please call me at(916,) 255-3140. ANNE L.OL ON,P.E. "Water Resources Control Engineer Y cc. , Lou Reinthaler,Contra.Costa County:Building Inspection Department,Brentwbo Glenn and Julie Cox Sector #Z3 Salisbury Island e,4t°ileiix 0:1 1986 1987 ..... ......... ......... ......... ............ ........... ... . . .. ... .. .......... ... . ... ......... ......... .......... ............................................. ......................... .y E e� ei4e#S' 1988 ci ` j 1990 E PR 4 3 #eE E xMY„g"` FROM C. C. COUNTY S.ID WASTE/LEA PHONE NO. 925 646 5130 Jun. 17 2003 05:59AM P2 rIDNTAA COSTA WATER DISTRICT +rr 1331 Cuiv,;00 Auenue Ro.SOX H20 COTVord,LA 94b24 (925)668-8000 FAX(925)688-8122 May 29,2003 CcEgfq Jtl'V 0 3 2003 Joseph L Campbell Kenneth C. Stuart President Contra Costa County 's Elizabeth R.Anello Environmental Health Department We President 2120 Diamond Blvd. #200 soft soa tmvn Concord,CA 94520-5712 Jaynes Previ Kari L.Wandry Subject,, Sabbury Island-Sewage _. Watt*J.INshop General Manager Dear Nr.�-ft Contra Costa 'Water District (CCWD) is concerned that the disposal of untreated sewage on Salisbury Island may affect the drinking water that we divert from the Delta. In particular, weareconcerned that pathogens such as Cryptosporidium and Giardia may enter our intakes in the south and central Delta. As I discussed with you during our May 23 telephone conversation, the existing unregulated cesspools represent a public health and safety risk for CCWD's 450,000 customers, and for the more than 23 million Californians who receive drinking water from other urban water agencies that rely on Delta water. CCWD and the California Urban Water Agencies have been working with the Central Valley Regional Water Quality Control Board, the State Walter Resources Control Board, and the CALFED Bay-belts Program for more than 10 years to reduce the contaminants entering; the Delta and to increase the level of treatment at municipal wastewater treatment plants that discharge to the Delta. This effort is slowly improving Delta water duality and reducing the risk to publichealth and safety. Any decisions'on the Atture of..5al spm Island n u t.to uelc a�surracnces' that.I3e.11a water,quality_and _ public health will be fully protected. If you would like more information, please call me at (925) 688-8083, or write to 14rloffi ccwater:com. Sincerely, Leah Orloff Associate Water Resources Specialist LSO:wec Good afternoon. My name is Tenn Cox. My wife and I are located in sector##23 on Salisbury Island. We started in 1986 with a year-to-year lease that gave us access to a lot for recreational use. In;1987,we place a trailer on our lot.We have since added decking, a fence and extended' a 12 x 20 room. Our trailer/cabin is only 560 square feet.We are the longest occupants remaining on the island. In 1993,the county responded to a complaint.. At that time, the island had approximately 30 trailer- type structures.A county representative made several trips to the island for inspections. I personally met with;him and the health inspector and we discussed the structures and septic systems. At that time,the county sent us a letter stating we should remove our structures but we were never given a schedule or an opportunity to appeal. This occurred before the permanent structures that are currently on the island were built We waited for the abatement notices but they never came. We assumed the county had accepted our trailers for recreational use. Please note that at that time,there was a rule in the islandbylaws that stated it was illegal to live on the island and the island's sole purpose was for weekend recreational use. When the county came out last year,many major changes had occurred since the last visit.There are now permanent homes. My trailer/cabin still remains the same, 560 square feet. We acknowledge that mistakes.have been made on both sides, the county's and ours. We are willing to share the responsibility of these mistakes'within reason. We believe that the county erred in that they didn't follow up after the initial inspection in 1993. Knowing that we are both mutually accountable for the current situation,we feel it is only right that we be assured of continued useof our land in some form. In your packet is proof that we and the original members of the corporation purchased the island and have legal rights to the land. As you may already be aware,not all of the current`members on the island agree with the plan that certain'individuals want to move forward with. In November of last year, we were given the voluntary option of joining this,group by making an initial investment of$5,000. My wife and i thought at length about joining this group and after much discussion,we made a conscious decision not to join. We think the plan being advanced by them is too expensive and does not fit in with the county's recreational use of the Delta. These individuals have recently revised our island bylaws so that our original group has been absorbed into their new organization and are now demanding that we pay$5,000 towards their efforts"to legalize their structures or we risk losing our right to use our sector. We feel they are trying to force us out because we disagree. We are willing to work with the county to develop an alternate plan for continued use of the property. We do not want to build a home. We just want to retain our ability to use the land that the corporation originally purchased. We are asking you to consider a compromise that will allow us to continue to enjoy the island in the future. Specifically,we would like to work with the county to develop an alternate plan that would allow us to maintain a small structure with a"self-contained toilet system. This is just one example of a simple solution that could meet the county's needs. Thank you for your time this afternoon. BARBARA MALICK Y 6928 Heaton Moor Drive San Jose, CA 951119 PH(408) 972-1046 Fax(408)281-3247 June 10, 2003 Contra Costa County/East County Building Inspection Office Lou Reinthaler 1191 Central Blvd, STE C Brentwood,CA84513 Dear Lou: RE: Salisbury Island REF: RF02-00708 Regarding our telephone conversation this morning. It is my understanding from our telephone conversation today,past telephone conversations and the meeting you held in January 2003 that Salisbury Island could NOT become a legal development for a variety of reasons. To list a''few l'. Environmental Protection Laws approved by Contra Costa Voters. 2. No land access for fire fighting equipment and emergency medical assistance 3 Each structure would have to have a separate'sewer system 4. Each structure would have to be,brought up to current housing code 5. And last but not least,it is 100% in a flood zone I voluntarily gave my membership to SIM the Corporation that controls and owns the land for NO COMPENSATION because I was led to believe that this could never be a legal development. If Salisbury Island becomes a legal development I will be compelled to retain an attorney to sue the County of Contra Costa for my losses. When I bought in I was under the impression that because my structure is legally'a trailer(you can tow it away)that it was OK to be there. I had no idea that all these lavas and regulations applied to a trailer or that there were so many issues. I am perfectly willing to walk away and sustain my losses as long as this Island is NEVER granted legal status and the County follows through with the removal of ALL structures located on this Island:' Sincerel Bar ara IVlalick;, Copy: Brenda.De La Jose Contra Costa County Board of Supervisors BARBARA MALICK 692:8 Heaton Moor Drive Sin Jose, CA 951119 Wn PH(408)972-1046CONSIDER Fax (408) 281-3247 June 10 2003 Contra Costa County Beard of Supervisors County Administration Building � �ewe John Sweeten, County Administrator 651 Pine Strut,RM 106 ; JUN G(}n Martinez, CA 94553-1293 Dear Mr. Sweeten: Appeal Salisbury.Island APN##001-111-021 am sending you a copy of the later T sena to Lou Reinhale7r of code enforcement and Brenda De La Jose, Contra Costa County Supervisor. The issues I have addressedin my attached letter are the issues that should be addressed during the hearing. 4yBar bara aMalick i s COQ APPEAL TEXT Nancy and Richard Montgomery Salisbury Island Notice to Abate June 17, 2003 1. My name is Nancy Montgomery. 2. My family owns a=small cabin on Salisbury Island. 3. Presently, we are not members of the SIM Corporation and they do not represent our interests. 4. Our cabin: a. Is 604 square feet. b. Was built in 1975. c. Has no stove. d. Has no bedroom. e. It is not a residence. It is a wooden tent. 5 ' Prior to making the final decision to purchase our cabin in 1997, we visited the Contra Costa County Building Department and County Assessors Office to research the records. This is what we found: a. The Building Inspection Department showed no records on the parcel known as Salisbury Island when we searched them in 1997, 1999 and again in 2003. b. The County Assessors records clearly indicated that taxes had consistently been paid,'and that in 1992, the improvement value was changed from $10,000 to a reassessed'value of$225,000. 6. Sometime after we purchased our share of the land and improvements, we were surprised to find that there was, in fact, significant communication between Contra Costa County and Salisbury Island. That communication did not show up, on our record searches. After the fact, here is what we found; a. On November 22, 1993, a letter was sent to Salisbury Island. Mr. Jim Hall' of the Building Inspection Department cited 10 violations of County Ordinance''Codes. b. A second follow-up letter was sent on March 10,'1994,'demanding that Salisbury Island clear the 10 cited violations within 30 days'. c. On June 10, 1994,Mr. Joe Dozier, a solid waste inspector from Contra Costa County, surveyed the improvements on Salisbury Island. He stated that things looked fine, and that he would follow up with a letter. There was no follow up letter and in the 9 years that has followed there has been no further contact from the County.` 7.' We believe there is a shared responsibility in this matter. a. We entered into our purchase agreement knowing that the County could not locate any permits on our cabin. b. However, I would not be standing before you today if the County Records that we researched and relied upon prior to our purchase had provided the information contained in the file of Mr. Jim.Hall. S. As an individual we have been attempting to work with Contra Costa County under the following guidelines'; a We have a recorded ownership of an undivided share of Salisbury Island with a right of use to lot# 17 including all improvements for exclusive personal use. b The same footprint has been maintained for 28 years. c. We have been assessed on our improvements for over 10 years. d. The reassessment in 1992,the County's failure to act on the citations of 1993 and 1994 and,the solid waste inspection in 1994 indicated to us that the County was not only aware of our existence,but had acknowledged and accepted it as well. 9. Here is what we propose: a Allow us as an owner and appellant, who has retained the same structural footprint when the Building Department acknowledged our existence in 1993,to remain while affording us the opportunity to work with Contra Costa County to solve any health and safety issues, and b. We strongly recommend that you develop a plan and policy that more clearly defines the relationship between Contra Costa County and the State of California for recreation in the Delta. 13. Documentation of our statements is provided in the packet in your possession. 14. Thank you for this opportunity to comment. 15. Do you have any questions?` Abatement Appeal of Salisbury Island'Inc. APN#001-111-021 Richard and Nancy Montgomery (Text and Documentation for Appeal) June 17, 2003 1. My family owns a small cabin on Salisbury Island. 2. Presently, we are not members of the SIM Corporation and they do not represent our interests: 3. We have a recorded interest in the ownership of Salisbury Island with right to personal and exclusive use of our improvements and the land. (See Exhibit 1 and 2) 4. Our cabin: a. Is 600 square feet. (See Exhibit 3) b. Was built in 1975 and has kept the same basic footprint for 28 years. c. Has no stove. All cooking is done on an outdoor barbecue. d. Has no bedroom. Overnight stays are on air mattresses on the cabin floor or, weather and mosquitoes permitting, outside on the deck e. Is utilized on an overnight basis approximately 5-7 weekends during the summer season. f. Is not a residence and is primarily used as a staging area for outdoor recreation on Old River. 5. Priem to making the final decision to purchase our cabin in 1997, we visited the Contra Costa County Building Department and Assessors Office. Here is what we found: a. The Assessors records showed a consistent pattern of taxes being paid on the land and improvements. b. The records also showed a reassessment on improvements between 1990-91 and 1991-92 from $10,0100 to $225,000. This indicated that Contra Costa County had been to the Island and recognized the existing structures on their tax rolls by means of a reassessment. (See Exhibit 4) c. A Building Inspection Department records search prior to purchase in 1997 and again in 1999 showed that no records could be found on the parcel known as Salisbury Island. This indicated to us that there was no record of permits and no open issues including code or use violations. (See Exhibit'5) 6. 'Sometime after making the decision to purchase a share of the land and improvements here is what we found. a. A letter was sent to Salisbury Island on November 22, 1993, from Mr. Jim Hall of the Building Inspection Department indicating10 violations of County Ordinance Codes.. (See Exhibit 6) b. Another letter was sent on March 10, 1994, requesting the Island to clear the violations within 30 days. (See Exhibit 7) c. Had the Contra Costa County Building Inspection Department provided us with a record of these issues, as we requested, we would likely not have made the decision to invest in Salisbury Island. It is interesting to note that a similar Building Inspection Department records search completed on June 5 2003, clearly shows a record of all recent citations, hearings, meetings, site checks, inspections and postings and continues to make no reference to any past issues or concerns. (See Exhibit 8) 7. Additionally, on June 10, 1994 Mr. Joe Dozier, a solid waste inspector from the County, surveyed the improvements on Salisbury Island. He stated that things looked fine and would follow up with a letter. This was the last contact that Salisbury Island had with the County for almost 9 years. 8. We have a shared responsibility in this matter. a. We entered into our purchase knowing that the County could not locate any permits on our cabin: b. We have the responsibility to obtain the approvals necessary to utilize our space in a manner that conforms. c. However, we would not be standing before you today if the County Records that we relied upon in our attempts at due diligence had provided the information contained in the file of Mr.' Jim Hall prior to our purchase. 9.` As an individual we have been attempting to work with Contra Costa County under the following guidelines: a. We are legal owners of an undivided share of Salisbury Island. b. We have maintained the same footprint for 28 years. c. We have been assessed on our improvements for over 10 years. d. We were cited in 1993 and the case was closed indicating that Contra Costa County knew of the improvements on Salisbury Island at that time and had accepted their existence. e. Mr. Lou Reinthaler, and other County officials, have consistently stated "find us a legal use and we will work with YOU". 1»0.With those guidelines in mind here is what we did. a. We attempted to apply for a use permit on March 6, 2003, and were unable, due to a hold placed all permits per Mr. Reinthaler. (See Exhibit 9) b. We met with Mr. Bob Drake, Ms. Telma Mor ira, and Mr. Ruben.Hernandez on March 28, 2003, who stated "bring us an acceptable use". e. Immediately thereafter we presented a recognized acceptable use to Ms. Moreira and have been on hold in spite of numerous attempts to move forward. (See Exhibits 10 and 11) 11. Here is what we propose: a. Allow us as an owner and appellant that has retained the same structural footprint when the Building Department recognized our existence in 1993 to remain and work with Contra Costa County to solve any health and safety issues, and b. We strongly recommend that you develop a plan and policy that more clearly defines the relationship between Contra Costa County and recreation in the Delta for the future. Richard Montgomery Nancy Montgomery 4 RECORDING REQUEST BY: 0 COSTA Co Recorder Of(lot WHEN RECORDED MAIL TO: SM L. VEIN ClerkAwrder 00C-- 20b—$148374- se t`5 s cpy Siay, fit. 3 two$1 CPY #off.!! MIC: $I to MOC` 'ltx,06 no *15'" tcv $to.$* THIS SPACE FOR RECORDERS USE ONLY a3c J4n THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOP,RECORDING tNFQ + ADDITIONAL RECORDING FEES APPLIES err 148374, COMMACr OF SAT Ulm Av !fib y bo%m nd A&Koder(odkmYmd -46*=d W 'kms f1w food oatrgidtiora the pities at*"* : Al . Sit*Vwx to id grad buyxa a to Wy&*f1v L►.+ taai lowafs piste ofund(6660"to i to be �pwdw*4 kt)&mm* imowb #16. wrAw bWwM be Wed to provioe*packsood loar(dIS'mod Ml's)ro din-OW wN fb tat,►wbolo bW bft Amolvxos W M 16 " `*M be mood 'VOWOI y oftbs other by two pw4mwA.o"or betas is my way- h"ar vm*oufor the gator of Awwvw nwPonlibiby of** 2, D a)w opow to pay to Sober mad Sir apmo to accept$7000.00 as total purchmm ptice'l6brr eg+cit ha affosmwx tot#16. " Lis tmonot is be and pryabls an Apa IM. 3. SdW wwc mu it h"pod ad mwrlceRabla!Me►to mW Flo',fit$mthm to ail propeirty,,and dltst and proparty be sold by wwody NO of wk and 4w ofati how ambilkift 4. Said P'rcMartY it MW im"'As h*c+ondhion, Saar dwlsimiaS gay qty of 111111+c1,mtgb#lity dttrm car w*"&order or vom&ioa ofthe prop*r rpt tight it *4 be mm iu its Palo coedidrt. S. This aV a uwu Ag be mad ism to bwe&ofdwpwlkmN their mumm eeewt~,'mimmigv4 sad persoW toprrisartw 6. Thu property is'+nlw We(if mW"part or lot MIT)sad is uuutnsblg to hd 7. Ii+yrarr a to abide by**Salm IW=d mmmbw,t It nao& ar Saner : 47 148374 Contract of Sale k+' Purchase and Sales Agreement made by and between n and.1uhs,Ketler(aellers)and t &*, and Nancy Montgomery(buyers) Whereas for good consideration the patties mutually agree that: 1. Seller agrees to sell and Buyers agree tobuythe following described property.,, j One membership in Salisbury lslaAnd,Membership Corporation to include: (1)group ownership of 20%of Salisbury island (2)Lot#17 including all improvements for exclusive personal use 2; Buyer agrees to pay to Seller and Seller agrees to accept$32,000-00 as total purchase price payable as follows: $'1000.00 deposit I t ()0.0 --•-- 3. Seller warrants it has good and marketable title to said property, full authority to sell said property,and that said property shaitbe sold by warranty bill of sale free and clear of all liens, encumbrances,liabilities and adverse claims, 4.Said property is sold in"As IS"condition, Seller disclaiming any warranty of merchantability,, fitness or working order or condition of the property except that It shall be sold in its present condition.. S.The parties agree to transfer title and transfer a membership card on # at the time of final payment G.This agreement shall be binding upon and inure to the benefit of the parties,their suc cemrs assigns and pamonat.ropreisentittiwes. 7, Th berStl 15 saleable and is transferable to tselrs. $oyer + Seiler Su r "• ',� -! .?' 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I.i G? td Z Y7F t� w Ne j two M :p; <n go + I • � o M N sr Mn a p -► t4 t ,au ry w N #+e 0 v w 49 1 uj or uj �� . a 4c •o � h lY p tik a i ' yqt++C'p Building InspectionContTa �►' � Ensptori DepartmentCosh minty RclrnifttraWrt Buik#ing County -4P Pftw Strut,3rd:Floor,N i(*V'vir t {5181 648• 0 FAX(610)646-42 19 DRTl F RE tco [year Sir/Madam:` Your request for Building Inspection Records Research of the above referenced property has been processed and int#icatesa. Records requested and receipt enclosed. Records requested unavailable!; your receipt is enclosed. Records rec�cesteed unavailable for reproduction; please contact our office :in person. - Your personal check is being returned, fees policy is catch, money order or company check,. Records oxtensive,- -;please contact our ofti.ce. Ct.her ik-OCk (411A" if we can be of further assistance, Please contact our ecords Sectio✓. at (925) 335-1177, �:�ncex-xsl r ReK,0-06 clerk Of p Mc Is 1. a e a a s ! ! m R R f t t C ♦ wa fz s,::. •! y"}$ # "9 T.S.• . # .. ®. wR# -',: a -. ♦' $ a. JP • A. :p 4 f A ! UZI40,JO 10;UV �i tvr wrw vs.rw_... e vW pA►va AL.v*tow 'til gW titL"'rAlCtt n Mfg oma.vWWA MAW a.ATrAClMNft'T*-'* AM TK IUANXIM eoCLAXWO:ML RICAL,son= me ►��'+� tilt A �►"�"!: "�' ,r�dNt � � stet ��W1C�t� '� t'. t^CU t iltlfWt 1tE. DtWi�EttlN tMlt A'1"1ME# !: ii1kMV iC�11ED a�iAhW►!lI�E`tM LOCAL.ST f+t1►'Va ON""L s Wrtrr w 4# 'qt r 1011E.VjP M1M1Ngf�1� til mit aarrt wio AAW�'OF"a �C�R* t1"�E 4W��1'�' WIiNtPa�"#flit J�[4"'CT &00M.A o ! !"ct ''.rt eaOw r t.'�' " ! aWN�I rrtrr n'L111t fl►'�O ! '1111 C0K"tA O0Wr^CC1Jl11Y CW31lW: ti�11tMM11i11C f#. i VOV wtw A SUMOl"S"aft 8,0 4,��`it` ice►C�Itlf� Atr�»��"t'1t� ilii�'"�9YC'�'#t'�IWtr 11T WW�" 1�w"t`!�l��Ai�MM.Y R 011'A# Ai1tW C1t 1i1t X3111 WttAi Cai Y "f4 vaou lttti ��NtpalDtttti MXt'MC L�W Rtt,�4 'I liWt i 1 CiRA a1Eelltt,A �O CW S. YOU AM "O4V#O'1'* O0LL=1W bl"W" 0% 00POW Clr 'Mit .iC!! "WA" +" ��, ' ��1'E�+i#� �l�'r'lMl"�gQli�iWt"J'WFt.Y7iMi�"f�1�Mt�111! i�t�11M�i11V1'#"iMClt�'t"' M�i: AWMAVtaHJiL'4 A$*AL.YfMZ1M=C1JMftCMCJ111WW 'tW$e ALTO Mt1VKb*1 AT fCirNC4"tit A~Aw oavaAm.. Nl/Ae owt am 1MCr E3i*='M T"jX+t t7M�rW-t "4WVW^+COUM'1`1t C Ctrl CIMIiC#Ml" Ott, YCi1�1t111►'L'tM�t3f lit;C�11�R�fi�iillt,.'�i�Mt�i�i�t'i�J1i�1�Mitt H�Mtti�'C MItX'Y'Nkilt tiVlXl4�`• v` A COUWMW#Oft TWC>Cit [1 Ctt DCWQSOJ. *11111 A1c"M DWU&M VOW -10� t1AVOW VA*VW=NOT UMS IM"t3 i€.+*4*VM VC0M s"�IMM*CUXC14 C1Vr MW"t" (One sm411 Single famil which has been modified, added to or altLered without permits, is Imown to 1 at t on the proparty and no other structure or us*& ii—Xi own' by the County egal3y exist on the property._' 'T�ta .actditfi�ns, altttraiti+an>r, and modification were clone:»'without required per►' efallowing 3paragraph is carp ed front tb* County ordlinanoe Code Section 82--2.006 for your inforna►tion. #- iEx4r Cwt ita WW to*W p+W$ft t,irN&or MU 0"W W"be us"tier any"W"" ewat � �a aMial t►,.wa+r Mei ary lydlairl�p,..+�r�b+rl��+N►. wum4. iv*d or wm*j *w+d arirawy o �W a"ok Awl w t�at 4�or �t;to � e2 0" M is Md a V@ tYe WAUWMW&. *a itw aide^ rt YMI $19- t at �arpwralwws,Iiw atrMt arab for 11111�1"rw+4t 4K WW$00 *"d#WMbaai I 1 .1 so lie so toto"Y" oft�r11t61%*dftK V '111 DIV*11110"tea arrd Orcku Wo 364 You are hereby notified to contact this office within lei days from the date of this notice to begin to clear the above violations. For further information, we may be reached at 646-2044 atny workday between 8:00 and 10c00' a.m. sincerely, Jim Hall Zoning Investigator JH:do cc: See Enclosure 02<28t36 18'.01 -al 707 374 *1,30 tux. ��°xOxsl�cEn.,rar . ...,r:yy.. Enclosure November 22, 1993 Middleetan, Xeetlor, Northwest PiStanciai Services cc: Central Pom t Counter, 2rA Floor, North Ming* 6SI Pine Street, Martinez, CA 9.4553 Attention; Eileen Doteen, Customer See:rvices 10magar .Department of the kxay, V. S. Aray Engineer District, Sacraments, Carps of Engineers, 1325 V0 Strseet,» 3a0r4ee nto, CA. 5581.4-2922 Attention: 'TOM Coot, Chieef, Central V4110Y California State Water Quality A940cYo 3442 Routieer Drive Sacramento, CA 95927 . S. Fish and Wildlife: Service, 2900 Cottage Way, Room 3- 1803, ,Sacramento, 'CA 95825 U. S. Environmental :Protection Agovzy* Region 1Xe (N-7..2) # 75 Hawthorne` Street, 'San Francisco, CA 94105 California Department of Fish end Caatme# Region 11, 1701 NUtbus Road,' Rancho Cordova, CA 95670 California State Department of Real Estate, ; Subdivision Technical Unit, pout office Soy: 197005, Sacramento, CA 94818- 7005 Attention: X&rtjarot. Starob, District Manager and Gil Hatfield. San Joaquin County, Community Deveelopsaent Department, 1801 East '`HazAlton- Avenue, Stockton, Ca 95205-5232' Attentions Thomas: 5weeso Senior 'CodeR Enforcement nt Officer - Health Services Department, Environmental Health Programa, 1121 Ward Street, Martinez, Ca. 94553` Attentions Les Miyaaschiro,' Land Use Sanitarian Building Inspection Department, Fourth Floor, 651: Pined Street, Martinerz, CA ' 94552 Attention: Roy J. Milgats, Senior' Inspector. Jim Rolo on, Salisbury Ism occupant space 4, 350 Lona Oak Drivel, Pleasanton, CA' Horacio & Juli.eta «Lucoro, Salisbury Island occupant space S Mike::4 Barbara, Salisbury Island occupant space C Karen Daniel*, Salisbury Island occupant space 0. Glen & Julie Cox, Salisbury 'Island occupant space E, 529 Racholle Street, Livermore CIL Stever i Debbie Killeen, Salisbury Island occupant space F, 2.953 Marlboro Way, Sari Rwaoa, CA 984583 mark L Mo Blas:kovich, Salisbury Island occupant space G 431 Bellwood Drive, Santa Clara, CA 9SOSt UGr 401au 1O:VG t.44 rwe vrro vfvv:. ♦.aa*.,,...,�. ..'... Bob it 1�11A .7Ctit3rltoon, Sala. l� -,3��.a>[Ki �lt; UPUQ r W4 summit Aveanuo, an Rafael, CA $4001 Mandy 4 Karen �.wacv000, 31363 Do Anna C Curt ,-.YAr d, 1 Tin 4 Cathy Tho*as„ Salisbury Island occupant sp6041 i nt, 19093 Santa. Mame 04, Casts► valloy, CA $4546 Bruccr xoallstr, Salisbury Ism occupant spaco Z, 1657 Mom Avenue, San Leandro, Ch 94579 C;rog aft Ls1aine badal,, Salisbury Island, occupant space J Tom Vaughn,p Salisbury Island occupant space I J. Brain i Janet Noway, Salisbury Island occupant 'spaces X. Bill hrlona Kennedy,- Salisbury Island occupant spade, L. Tony' i Lsonsttaar Stafford„ Salisbury Island occupant space L. Larry Ja ning c, Salisbury 'Island occupant spate` 0 & 01 Ton Kaufman, Salisbury Island occupant space P & Pi, Maurice a Ioa Sisson, Salisbury Island occupant space Q• Greg a Elizabeth Shiflett, Salisbury Island occupant space Q. John 'S Karon Hawkins, Salisbury Island occupant nt sspace R, 9073' Tarmac Way, Pair Oaks, Ca 96 Harold Wilkie, Salisbury. Island occupant space 10, 3649 xasath' Court, Pleasanton# CA Dan & Jars Fustier, Salisbury IslarA occupant space 9, 3535 Carnolitaa, Ave, Belmont, C,11 JR'ohn'. ani Valerie Jonss, Salisbury Island Occupant space 8, 5576 Dwight Ave. Ken 4 Elena Thomas, Salisbury 'Isla nd occupant space 7, '3806 Newland&Ave, Belmont, Cly Greg 6 Debbie Barclay* Salisbury Island`occupant space 61 557' papae tray, Sart Jo"j Ca 95117` Joe Slide S Sherrie Vail, Salisbury Island occupant space 5 2063 Harmil Way, San Foss, CA , 95124 Doug & Lori Watson, Salisbury Island occupant space 4, 607 Enright Ave, Santa Clara, ;CA 9505 Mike Simpson, Salisbury Island occupant space 3. Xark Simpson,; Salisbury Island occupant space 2. Rob Mc Inturff, Salisbury lslaaunct occupant space 1, 124 Talmage AV*- , San JOB*#` G 9'53127 b ' .. .. �« FtCVTt*1 E t3f'IE K ".y$11 � -02/22/36 17:08 '&1 707 4 5735 DCC ENGINEERING ':, 02 000 Building Inspection Contra osh65e artment Costa'- 651 1 Pine Street,3rd Flour,N.WIrV County hftrtimz.Celffornis -1290 &AIR W {5103 846-2�3 ' � FAX(510)646-1219 ; MOVED' MAR 16 199 March 10, 1994 COC SmtNEER1NQ CO., INC.' A OUTRA OoMPANy Eldon C. Middleton, Renee xetler' and Northwest Financial Services 18455 Clifton Court Road Stockton, CA ' 95206 Leration:* ' Salisbury island, Syron, CA ApN: 001--111-021, FIEF: RF932052'. Dear Mr. Middleton , & ,,Ms. Xetler; This letter confirms our meeting on January 22, 1994, which you and your attorney requested. In attendance were the Deputy Director, Co unity Development, Dennis Barry, Supervising Code 'Compliance Inspector, Roy M lgatea, . Ron 47ackson, Zoning Investigator., Gi ibert LaBrie from bCC Engineering, John Macomber, .Esq, myself, •and you. In reference to my Notice-'Io--Comply dated November 22, 1,39,3, you have taken issue with the violations outlined imparagraphs 1 and 2. Sassed. on Business and Profession Codes, you, feel'.you are exempt from the provisions of the California Subdivision Map Act requirements for the subdivision(s) you have created at the site. Please address; any exemption` issue in �wrfti.nq to me and I will respond likewise. Until such' tize as, we have revisited the issues in viol;xtions -1 and 2, ;the cited violations of 'the' California Subdivision Map Act continue to exist'. -We- discussed' with. you each of the 10 cited violations related to . the site and explained each. Me explained that our principal concerns' are correcting the violations. Our conderns vary siharply from yours. Your conoernss were focused on how you will develop, or plan to develop the site.. While you have. the '.right to apply- for discretionary approval .pursuant to County ordinance a andpoli.cies, you also have the responsibility of complying with the requirements of the cited'i County ordinances. You made no definitive resPonse as to what actions, if any, you would be taking on the issues ,to 'correct the violations. it was noted that you stated that the last of the short term leases were up in March 1094. When you 'provided'' that information on to us. you seemed to .feel that alone.would resolve many of the issues at�t the site. I stated that those lease terminations would be a step , toward resolving the>'.ssubciivisyiors issue by I slid not concede that RCV1 TELEC OP I ER 7011 2-22-96 S:04PH i 1 "W7 374 S 7334 # 02122/36 17:02 'r `1 707 5735 CCC; ENGINEERING 0 Q003/006 a At the termination of the meeting you did not make any representations to us 'regarding any decision . you may have, been formulating nor were any commitments put. forth -by you which would give rise to a belief on our part that any of the violations would be corrected. Clearance of any of the 10 specified violations can only be made through this office. To clear the violation you. must remove all of the-mobile homes,; travel trailers, recreational vehicles and attachments thereto and all tether docks, structures, buildings and appurtenances to include but not limited to water systems, septic systems, and -electrical' systems. Any actions you may taketoward bringing docks, structures, buildings, or appurtenances into compliance with codes' or expenses you may incur toward attempting to ccrrect any of the violations without' f first obtaining all approvals for the entire' subdivision and development should be done with the understanding that such actions or expenses may not result in any approvals of any of the illegal uses you have at the site. Such actions' and, expenditures are done without any representation' by the county of ultimate project approval . Permits, certificates, licenses, grants, approvals or other such '- authorizations' given by any federal., state, local, or county agencies for hers inconsistent or not in conformity with the county zoning regulations should not be considered as substituting for required compliance with the applicable county code requirements. You are hereby notified to clear the violations ; specified in our letter dated November 22, 1993, within 30 days frog 'tie' date of this Notice To Comply. My telephone number is 510--645--204 Sincerely, �esA. Hall . Zoning Investigator JHa def cc: John A. Macomber, Esq 3031 W. March lane, Ste 123 Sts. Stockton, CA 95219-6soo Gilbert l,abrie C/O DOC Engineering Co. , Inc. Rio Vista, CA 94`571 w +nL• +. � ,+ .�}. n � 4 y + a In. :.: :t :u ,_ ' _ ..... Ow iJyXERQy TEG t . 1 707 �ag1 S .,3 4. 4 ' .... .,.�„ *U 4 .. Y b2J22J36 17.-1€3 V1 707 374 "35 DCC ENGINMERINC Q004/006 {+: cont. I nnis `Barry 0 Deputy Director, Community Development Department Roy J. M iloate, Supervising code Compliance -Inspector Contra Costa County =Heerlth Services. Department, Environmental Health Attn: George Nakamaura,: Supervising Environmental Health Specialist Charles Nicholsonr -Supervising Environmental Health S, +ec alistr Solid Waste East Diablo Fire Protection'.District 745 First Street Brentwood, CA 94513 Attn: John Clary SuRdIngi.napection Contra ►J Costa C1*AftWafttlon,SuBftg AL 861 Pk*SUOK 3-rd Floor':North WkV Cow Muer. tl 848-4108 FAX (sem) 219 Ek.10F.Ir DATES Dear 5 r13 darn:' rt.t ADD Your Ee ulits andlor Receipt is eticlos Your Research is completed,there was no informadon on the address or parcel.Please find your receipt enclosed.. The Records that you've requested are unavailable for-reproduction,ple=as contact our office. The The Plans that you requested am available for viewing,please contact` our office to set up an appointrnent time. As of '-the CitytTown of be came incorporated. Please contact their office. If we can be of furthest assistance, please contact out Records Division at (925) 335-1177. S` rely Records Clerk s;ckrk4-b1v ds mwch mulu fwm yR'l. €} s{€ I 7 ,:.3�t i ' + r? i i<�r fF HLt i ;` e!r i 37' ?1 a'� it`rj d ;n h S 3 `,9t y`h€•w k+7 Ir t�t�!!7 I �- �� WW � fu 21X1 CINE-IAF She Cho* No 0 0 ._ 2125 CODE-flFH No 0 d 2130 CiOD E-R!�Cike�n E~r s Ir 13� � 2135 CODE-RF Meer' No C! Q s 21 CR � 0ho 0 NOMF �F Dfl H $ ,B t ! } - ,; i( " �St t .. �€ r S nbu 1 CASK ARAMOINGA'�S SITE}�+��1y+�i7�jWICITHEI C E1Py�S. LFII E0111,�,N SfNT.i+if1ICCIRI�S Eh�GSNC! TGSW str s'r st}}#i ds[it € f5 t1 [ f LFR lii{Y3 WSH n. -.! � ( s t s ' c r jP s RSA.$ r-lr ?{tr INIS PARCEL �F? 1 s,f„ M t� t,t"��'� I t, `� Cts ��;i•t�1�!�_ Fir"— —A it ftsz M i Y" 'f H�4 yy� 4 GFs"F t �g a`d's s*ya f °r• S 'r# k ��' .. 11 �..ail l�f;sRk C " r��c k Y V r....,.'PRO,.i.€.us#€•xun.£ i rc =..N r.....N,° cu.... ,.u>i rs,.u:s.„y,huA..Stits7;.:.. €?lfcua.>,.rt LEF286$ INSPECTION UPDATE COMMENTS ON THIS DOCUMENT PERMIT: CC BI .RF RE!940713 PARCEL: 001 '111 021 0 TRACT: "LOT: CITY: SAN DIST: OWNR.: ISLAM SALISBURY SITE. NO ADDRESS BYRON 95219 r*�,twxrtwc*yew*�,t��rrt*;�r,t,�t*;,r,r,rrr**,�*,c,rw,t,r***rr+rrr*,►,rrr**,tre�,r,��i+wrr��r,herr--x,tw*,r,tt,r,rt�r,r*,� ISSU'E'D: 12 30 94 GEN CTR: LIC: LAST UPDATED: 12/27/95 AREA: 3Sfi: C HAZMAT/AIR Q.C'. : DESC: ARCHIVE: FEES DUE: OVERRIDE: GRAD: ------------------------------------------------------ NEXT PERMIT: TRACT: LOT __ -PAGEY-W - - 1OF 1 TYPE ST CLEC INS REMARKS R"INSP DATE 1Y R-FORM/OTHER C TRM HLC F/U HLC 12 27 95 1Y `:R-FORM/OTHER W TRM HLC F/U HLC 10 23 95 1Y R—FORM/OTHER W TRM HLC Ar-11 09 11 95 1Y R—FORM/OTHER W TRM HLC F/U HLC 08 28 ,95 1Y R-FORM/OTHER W TRM HLC A-11 07 12 95 1Y R-FORM/OTHER N TRM HLC A-11 05 31 95 1Y R-FORM. /OTHER N TRM HLC FROM RF932052 01 05 95 06/05/2003 LEP2866 If you have any questions regarding this permit please contact our Code Enforcement Department at 925}335-1111. �xta uk .>'1'•�`�! Fd �? ,�` P €F,`', a f$ a.Ay tSb£t # {atie � y; !� y N0 SITE ADDRESS BY a #; E f 4t `rw'- yrwi YY�1rIW."rn FROM 'iai sl,{;ti +.k r 3 ,: rr s d {. 'iw v N^[' §#"�+6�-{'' >s-I €u;t"u R3 t` s t }.-yctr{k"�{ y r'T 3js�x;Fl lura 7 i• !,Z fz11ae i t. 1n fl I1?Et3 t 5"; f ;l s �, � "xa' 3.; rt i✓ r 1 ��p1+1jS �t{� ! !` N�r�( 'IF:aS t t ss iri r r y Y t y i d0;, HNr+'a9arxs.aT anai;�r!maurw?{:._ s-t.;as4r..� h,:e>? .,mirrtt5a�hr,d =+.M? r,t�`9:Fs "::�C.! 'r,t.rs.':»s';�Pz�r.., ? 4Sth!, Y fa, :rct..�+,. ` n€l�-rN9 Ns ja? �� bt14�}y�__:, �r1.'.?i i€ �13iii..E p r�•[#s.a #b f,rt-e}f ,�^6hseta !� E ,"i { ,€ .b&t�.��* f .I. s:k< •4;i �_�f {�, s t t3{ r M. "'i, r }fi z t taE LL, i tl r i'9 l L tx 1 "a i i- r s r - - 'Mai t - � � !, � ��•;"tk �r t, lr�+_sf.„.».,�x� .,., I ri'.t�a.s r�F�'#�..�<u r, ip �!� ,S� � 4f?s.C, .i'n^ 4 � k e .''' Nc+E�a set hcid urr aoce�s er�cau cdithabe,cede er�Er,�cement 1' ,�"�`, 7e j Y! ,a r t i €. S 9 � �'s � r f,a s.n... .L+.,,» { ji�t;•�4d 1�,?# c,1 t..n.:`!+� i � t L I 0- ('s lot _ 1i N ryiG. k is € },'E!� �� fa e i^ i i f-*�`�, 1 �{-( 1 I � 1 !'a Eli LCL . (3L�-: E �� k t<.{,: ,.F a:; ;,a.. t y# >,. t ? i+�...r�i+"" ae i�>�§4 � ?,°I !° t.•, - { t! •'h€k s�?c t{", � ,r a , EI �°.'. ` 9 ?'ES ' f +}; n'u9" [ r• # 'fL�s I #F. �! , , �N a +t aer ^ a ^fi kt' s a,x!h pf 90 'a br i i Vii,xxls r.s+#; 3 #i ? tt�t e ,✓{ i x > Communist Contra �murr�tiy 13etr+stcpcnr►�! t1}resr4rr Developmentcosta DepeOftent County �J�dfftlrtlrttiott�� ' Sir /� T1h 1"tvar,�Ci�'t�l�� a y• �L� , Marum V Phones. (925)335-1217 May 9,2003 Richard&Nancy Montgorn ry 15,731 Adaxne RRidgo Los Gatos,CA'' 3033 lbw Mr.&Mo.Montgomery: R ft*posed Appiict tiou for L«ad Ua ftrmit For Cajn1nwrcWle e'tion F'adlitiea Where the Prindpal Use it Not in a Bttflding i t14-83AD4'(#)j SafftbturyIsland (APP 001-111.021) County M#ZI029744 This is in raspoisso to your FAX transmittal of Apri! 17,2003 co mining your intorest in R ing for a lind use permit undar dw Gonwal Agricultural,A-2,district for eoartrrtr ial recreation facil tits whom the principal use is not in a building. Your trmnitW also indicates"017vr1 ownership has beer!recorded in Contra Coca Cotrtety.a. Section 92-6,002 of the®rdiman a Code provicies that only a quslifted applicant may apply for a land Aso pa wit in a land usa district within the County. '',l`he ordinance dcfms a qualif led applicant as "any person having ka frelehold interest in lar4 a Possessory interest antirling*fm to aclusivo powession, or a contractual intereo which may become a freehold interest or exclusive possessoryinterest and it sptc#lcally enforceable." Biased out the info' rtnat of in our records and*o your urs nsrn ttal,it is not clear hitt you -would qualify as a "quali ted applic4nt"as dafined by the ordinance!. Before procooding with an applirAdoru we request that you provi4c tiffs with copies of the poiine ►dooments(recorded, or otherwise)that define your ownersWp interest in the property so that we,might revurw them to determine ifyou would qualify as,a qualified Plicstrlt. Off"Hcwnt Monday Friday:0:00 a,m,-5:00 p,rn. ON*18 t 1o"d t o i at, 3r'd&lSth Ftidays of•ach month Should you have any questions,ply call me at(925)',335-1217. TELMA MORBMA Setter PIS Cc: Ommis Barry' CadwAi a Kutsuris Sob Dnko Mine Silva count Cour i File O:t "a ut Plannin&urr-p1auUtt ont amzry.ttr do 11"T' {amb N Monto me?p Inc. VI A I IAb ,pass-A 45<'33 � ��408 3S3 ASY3? June 6, 200 «via FAX To: Mr. Robert Drake Community Development From: Nancy and Richard Montgomery Salisbury Island -�4.�. Re. Application for Use Permit We have been attempting to apply for a use permit for several monthsand have found the process quite difficult and time consuming. We have been working with Ms. Telma Moreira in order to apply for a use permit acknowledged, in the A2 zone,to be acceptable.Ms. Moreira requested verification that we meet the criteria as a"qualified applicant"(attached). We have provided her with documentation as requested and are once again on hold. In recent conversations with.County officials it has become clear that it is very important to formally begin the process toward a'recognized use on our property prier to the Supervisors meeting on June 17,2003. As Ms. Moreira is now on vacation,she requested that all correspondence be referred to you. Please respond since time is crucial. Thanks in advance for your help. cc. Dennis Harry Michael' Silva; BARBARA MALICK 6928 Heaton Moor Drive 41 San Jose,CA 951119 CONSIDER NH PH(408)972-1046 Fax (408)281-3247 June 10,:2003 Contra Costa County Board of Supervisors County Administration Building Jahn Sweeten, County AdministratorU 651. Pine Street,RM 106 � 12 2003 Martinez CA '94553-1293' �o t Dear Mr. Sweeten; RE: Appeal Salisbury Island APN #001 111-021 I am sending you a copy of the letter I sent to Lou Reinhaler of code enforcementand Brenda De La Jose, Contra Costa County Supervisor. The issues I have addressed in my attached hitter are the issues that should be addressed during the hearing. Sinc , bM alick Cc 001) 0 6-c BAIARA MALICK 6928 Heaton Moor Drive San Jose,CA 951119 PH(408)972-1046 Fax(408)281-3247 June 10,2003 Contra Costa County/East County Building Inspection:Office Lou Reinthaler 1191 Central Blvd, STE C Brentwood,CA 84513 Dear Lou:' RE: Salisbury Island REF: RF02-0070$ Regarding our telephone conversation this morning. It is my understanding from'our telephone conversation today,past telephone conversations and the meeting you held in January 2003 that Salisbury Island could NOT become a legal development for a variety of reasons. To list a few: 1. , Environmental Protection Laws approved by Contra Costa.Voters. 2. No land access for fire fighting equipment and emergency medical assistance 3. Each structure would have to have a separate sewer system 4. Each structure would have to be brought up to current housing cede 5. And last but not least,it is 100%'in a flood zone I voluntarily gave my membership to SIM the Corporation that controls and owns the land for NO COMPENSATION because I was led to believe that this could never be a legal development. If Salisbury Island becomes a legal development I will be compelled to retain an attorney to sue the County of Contra Costa for my losses. When I bought in.I was under the impression that because my structure is legally a trailer(you can tow it away)that it was OK to be there. I had no idea that all these laws and regulations applied to a trailer or that there were so many issues. I a�rn perfectly willing to walk away and sustain my losses as long as this Island is NEVER granted legal status and the County follows through with the removal of ALL structures located on this Island. qBara Copy: Brenda De La Jose Contra Costa County Board of Supervisors _ . Building Inspection ContraCareens of Building l�@pal'tl'1'�bnt � erector of Buildln�Inspection Cost County Administration Building �C. t JL 651 Pine Street,3rd Floor,North Wing Martinez, Ca{ri`ornia 94553-1295 (925) 648-4108 �� FAX (928)648-1219 :' June 9,2003 David Prepho JUN 17 2003 2230 Sunset Point Ct�RK8C}�f1f� Discovery Bay, CA 94514 CCII TfigC,'t ; Dear Mir. Piepo: This is in response to your letter to Supervisor Gayle B. Uilkema's office addressing the "recent unfortunate situation of Salisbury and other islands". As you are aware the Building Inspection Department has posted all structures and docks on Salisbury Island with a"Notice to Abate". These structures and docks are public nuisances and are in violation of numerous county ordinances. These notices have been appealed to the Board of Supervisors. The appeal hearing is scheduled for Juste 17,2003. Salisbury Island presently' has 39 illegal residential dwellings, 29 illegal outbuildings (including outhouses, sheds and trailers), and 42 'illegal docks. None of these structures have received any permits or zoning approvals from the county or any other agencies. None of these structures have received building, plumbing, mechanical or electrical permits. All of these residential dwellings are substandard. In addition, none of the dwellings have legal water supply or sewage systems. As you indicated in your letter, the Public Warks Department has confirmed that the entire island is in a flood zone and the East County fire Protection District has found no evidence of a fire suppression system.. We appreciate your continued support as the code enforcement liaison for District M in the County's code enforcement efforts in the Delta. It was quite gratifying to receive a letter from someone who has lived in the Delta for forty-one years. I am sorry to bear you will be working on June 17"',however by ropy of this letter I'will be forwarding your letter to all Board Members, the County Administrator, and the Clerk.of the Berard. Thank you again for your support. Sincerely, ed'. a 65 13&0 Carlos'Baltodano Director CB:nr PC: Members'-Board of Supervisors John Sweeten,County Adatinistrator Gins Martin,Deputy.Clerk of the Board \cb\satisbury.islaticl.piepha.ltr traffic citations. It ,simply has no merit. Please accept this letter as a letter of support for enforcement of the existing laws and ordinances. Please, I ask you" and; fellow supervisg-Ts to support the building department, code enforcement 'offiers and department mangers. Having on going personal contact with them I can tell you first hand they are doing a GREAT job. There are a lot of folks that stand behind you.. I participate in a- "Delta forum" where this issue has been disscussed in length. I am pleased to pass on that the (large)majority stands behind the county on this one. I know this is a difficult situation for all;,involved, but rest assured by enforcing the rules. . .The county is not the "bad guy" Thank you for your time considering this letter. As you are aware of district #3 is without a Supervisor. . . . I'm sure I have just scratched the surface of the multitude of issues that you will have to deal with regarding this situation. If you have any ,questions, or I can be of any further service please don't hesitate to contact me. David Piepho 925-516-2358 p.s. I have also been informed that the County code inforcement has no current way of inspecting delta property—No boat{s} . Could they consider a partnership with the Sheriff's marine' patrol?? Y FROM C. C. COUNTY SOLID WASTE/LEA PHONE NO. 925 646 5130 Jun. 17 2003 05:59AM P2 T . cc �ua cosTA { c7 �1'S'+�gQi� ., A7ER DISTFOCT 1331 Cumoo Avenue P.O.Sox H2O" Go€iCord,CA 9424 (925)WO-804{7 FAX(925)58#-8122' May 29, 2003 2003' Joseph L President ca�mOGII Kenneth C. Stuart Contra Costa County C D Erizabetn A.Anew Environmental Health Department V1ces resident 2120 Diamond Blvd. #2110 soft soatmun Concord,CA 445201-5712 James Pretfi Kart L.Wandry _ . Subject: Salsbury MwerSewage w�#er,t.Bishop Dear,5;»,8vi�rt. Contra Costar Fater District (CCWD) is concerned that the disposal of untreated sewage on Salisbury Island may afTect the drinking water that we divert from the Delta. In particular, we are concerned thatpathogenssuch as CryptosporHdium and Giardia may enter our intakes in the south and central Delta. As I discussed with you during our May 23 telephone conversation, the existing unregulated cesspools represent a public health and safety risk. for CCWD's 450,004customers, and for the more than.23 million Californians who receive drinking water from other urban water agencies that rely on Delta water: CCWD and the California Urban Water Agencies have been working with the Central Valley Regional dater Quality Control Board, the State Water Resources Control Board, and the CA Ll~ED Bay-Delta: Program for more than 10 years to reduce the contaminants entering the Delta and to increase the level of treatment at municipal wastewater treatment plants that discharge to the Delta. This effort is slowly improving Delta water duality and reducing the risk,to public health and safety. Any decisions on the futureof.Sal sitMisland Thu t :inch c. assurartc than pelta water.>guality and public health will be fully protected. If you would like; more information, please call the at (925) 688-9083, or write to lortoff@,cewater.com. Sincerely, Leah Or Associate Water Resources Specialist LS. 0 wee FROM .De I taKeeper FAX NO :2094645174 3 3n, 16 200303:40PM P2 A PRt?.tWT OF SAN FROINC1SC1)"BAYXEEPER 16 June 2403 ,M Mark De Saulnier,Chairman uiwu Contra Costa!County Supervisors 1651 Pine Street Martinez,CA 94533 Re: Comments on Salisbury Island cc:Ken Stuart,Carlos Haltodanno Dear Chairman De Saulnier and members of the board; Oa bt#alfofDeltaKeeper and WaterKeepers Northern California,thank you for this Opportunity to comment on'singte-ftmilydwellings on Salisbury Island. We support the efforts ofthe Contra Costa Community Development Departr ent and Contra Costs Environmental Health in enfarcing the abatement and removal of the single-family homes on Salisbury Island for the following reawrls 1.) The Salisbury island subdivision and others like it threaten the meters of the state by allowing untreated sewage to enter the DeltaL The existing unregulated,;,non- permitted sewage system does not protect Delta water quality and posts a threat to public health. 2) Salisbury Island isjust one example of the type of non-permitted,illegal singlew` family dwellings springing up in the Delta. If this development is allowed to remain,despite the fact than builders failed to obtain proper permits,;ignored existing zoning restrictions ctions'and are currently in violation of t1w county ordinance regarding septic systems wder Title 4,Section 420-2,004 and 420-6.303(a)(b)(c) and water supply user Title4,Section 4144.241 and 414.4.202,them what will deter others from ignoring the same regulations for the salve of personal gain while endangering public health by degrading the waters of the state. 3) 'Ueltaeeper has collected hundreds of water samples throughout the Delta over the past three',years and tested them for the presence of coli fom and"oli The samples show that Delta waters froquentty exceed EPA sUndards for contact recreation. Numerous epidemiological studies have consistently found an associated disease risk from exposure to contaminated recreational waters. Ile cesspool-type sewage system present on Salisbury island and others like it can only contribute to the pathogens problem in the Delta Res lly Submitted by, Xar`i Morgan,Monitoring and Volunteer Coordinator 3536 AainierAvenue Telephone:209 464 5090 Stockton Printed on rocycled paper i Facsimile:los 464 s+174 CA 95204' Hotllne,1800 KEEMAY FROM ;'De2 tdKeeper FAX NO. :2094645374 an. 16 2003 03:40PM Pi 3556 Ranier:Avenue, Stockton, CA 95204 'hone: 209-464-5090 Fax: 209.464-5174 To., FSx#. 3 "ages {Iis�ItQ Over) Rhone; Date: Co �'4� C3 Urgohl 0 ForRsWow C3 Please CawwneM C]"Please Reply 0 Please Rempls 'COtI�nlnlleets .� C o THE IvFOF{tMT1CN C€NTAtNEp Wm FACsimu TPANsmssm ISCOWMWK AND WINDEaTOSE SENT CIMY'rO THE STATED ra50RENr CF THE Tpmsmsstcirr. THE ATTOPNEY.CE.IWAND ATT'ORNEYWORK-PRODUCT PR VILIEGES MAY THEMFCSRE MTECT IT FROM UNAVMORZE0 USE OR p15 IINATKIR. If You arm not the herxad rter*nt orthe Intender!mcT} w t s agent,You are hereby entitled ih>lt any exsAm,use,dies sminaffo t,dl ufm truopy1rq t�f this ,OOmmut on is sWe lypmIlibited. You am 811 OW to notty us krknWaWy hY telephone and to return the al d=mnant jo usirrxrWaWy by resit atthe shorn abase.Thi Yat. FPW FAX NO. 16 2003 10:33AM Pi 452: MONSIDER W17 June 16,2003 Atte.Danielle RE 6/17/03 1:30 pm Salisbury Island Hearing �.r I'm'asking for a postponement,since I;thought I could have a separate hearing from SIM, Inc.,since I paid.two separate appeal fees. As you requested,here are ray papers for my appeals. Larry 1 gs ND. _ Jun. 16 200 10:33AM P2 FAXFROM _ Re;Abuteineut Appest of Ssr kbvry 41satt,Inc.and I"tborsbaMerstmmbers ' APN#001-11 i-tilt ADDIT1014AL APPEALS FROM ABATEMENT to be heard following SALISBURY ISLAND appeets: These have been filed separately by lorry Jennings,space#34 APPEAL A '82-2,74A,etc Is a TRAVEL TRAILER,purchased 1990,continuously licensed with DMV. is:•,a Manufactured unit,so not subject to residential permits,etc x ;LEASEHOLD interest purchased 1990,Priem to the recent etxisteno of SIM,Inc,which I owns the undeveloped parts of$atlsbusry Island. . F . vEr EMPT according to Title 8 Zoning,C14APTER 82-8,as follows; Chapter 82.8 NONCONFORMtNO USIES 82-8.002 Defined. Any lawful use of land or buildings existing at the thrie'Divisions 82 and 84 becornsis effective.which use does not conform to the provisions of Divisions 82 and 84,Shall be a nonconforming use and shall not be.In violation of Divisions 82 and 84 until lies use Is discontinued or ceases for any reason.(Prior code§81 f17(ey Oft 431 j.. Chapter 84-34 F-1 WATER RECRi ATIt7NAL DISTRICT '.APfEAL B 74.1 boat docks' a"CAWAs in fact art old historic wooden barge,dating back to the riverboat days of Capta#ft Salisbury. Now In pt tis of adding CP numbers and registering as ar BARGE w8it DMV. Boats not subject to building permits Larry Jennings 2380 bio Concord,Ca 94520 510-SU-4354 Tax 025-$87-6047 FROM rAX NO. 16 2W3 10:34AM P3 .11ll a.., •l.tJ J.�., :u,l}e p r�„ 4tr u:'ttti. a14 a�Jt.to .. .. tti.? 1 u i aF l The Board of Supervisors ,, aat�..trip County 1td++krsutuaewn tTuik>fMa ost kyr Pr>Q at.tttk3 nty !e35•tatt76 t�gprpkyrlr,C::teCiMOtl0i ttp 04 945r1 1293 i9fin GkAsr 93t'CYKtrw"t Oiltt!1,tJtatcea rtr,2md Disitict `� :•. #*Xtk 0*9*Vh ,4th DiDf of ' rodrntrt"Ver.5th Districtwr s Jane 4 2003, ''•`� 'f;yea Re:Abatement Appeal of Salisbury Island,Inc.and Its sbarcholderstrinevibaers AP'2+1't'�ti(11-SII-�1 . In accordence with Contra Costa County Orditraarttt Code Artick 14 9.4(Uniform Public Nuisance Abatement Procedure),You are hereby notified that June 11,'.2003 at I.-MAnt.is the data and hitt set for the hearing of yes r appeal from Elia decision of the County Abatement Of0cer declaring that the Wx)w mentiottecl property is et pul is nuisance in violation of Ordim oc+c CWtseedcth 74-1.002 (California i3trlfdlog Code section 10611(boat docks,AWMUOI and tanjnvays wltb+antt buildiag permits):•The violations:are can props ily located at a parcel ofland known as Salisbtuy Island, northeastof Conley Island,In Old River,Byron arm. '!`lits lied will be held in the Hoard of Supervisor's Chambers,Ptoom 107,6151 Pine Street,(tile Administration Building),Marti,CA. 11w hearing will be eondaiewd in seccralame with procedures set forth in Contra Costa County Ordinsuzc Cute Section 14-6.414.A copy of the UWtom Public Nuitt neo Abatement Procedure is an of your refetoxe, if YOn thallenSe this matter in Court.you may be limited try raielng only t o inues you or rr>nae+one else raised d tit the public hearing descry t!in dais notice,or in written correxpondenca 'vercd to iba County M.or prior to,the public hearing Vee truly yostrs Johne Swecien,County Administrator and Clerlt ofthe Scard Dardellez Kelly,idly Clerk tarmcltatx+trat . WI4ir%hUPftd= FROM ; FAX NO. NP. 16 2W3 10.*34AM P4 Jun 13 03 I2t'53p► C IlkOF the Board OPS 1913 p.2 The Soard of Suporysorsontr'a John sW MW CIO*WWI,(taro GCuatyRaCosta tttirlisuetiDtiBU�Cingr CsKrxyrdmi ++�r 651 cit»SOW,F46M tQel A. tsnlxes f9ao Maronoa,Ciltorria d5P#3-Is"9 CjL,,/uE i John 10104,tst oistrkt 1;ayio ie,U11koma,2nd Distad WAAWNWK and o4wriat—VACA!@3 N ftdoral at"w.Sth CSiftict 05, '1 +w M11 June 4,2DO Ra:Abatetuelat Appeal ofSasbury Island.Inc.and its sh4mbeidoWmembers APN#001-111-021 In accordance with Contra Costa County Ordinance Carle Article I4-6A(Uniform Public Nuisance Abatement Pwcedu e),you are hereby notified that Acne 17,2003 tit t:3fl p in.is that Mate and time set for the Bearing ofyoar appeal from the decision of the County Aiaattmertt Qffictcr declaring that the above mentioned property is a public nuisance in violation of the following Ordinance:Code sections: 82.1.002,82-2.006(Improper land use);74-1:00,2(structures witkaut butldln$ permits);76.12 202,76.$.2172(striaetures without electrical permit),-78-3.002(structures without plumbing twrmits)i 710-.3.002(structures without mechanical permits);712-2.004 VaiMa rux-Roust ag!Code settions 1€01..2 1001A 1001.5,1001 6,1001.7,1001.131(eabaudard buildings fetid strnenres wlth inadequate sanitation,structural hnzards,hazardous elactrical, harArdous plumbing,Wardous'mechanical equipment and Inadequate Are protection);and 84-611.1402(illegally inhabited traii+ersl The violations are on ptoperty located at a paroal of land known as 3alis4ury',Island,'northeast of Coney Island,in Old P iver,Byron area. The hearing will be held in the Board of Supar%dsor's Cb mberc,Room 14'41451 Pine Street.(the Administration Building),Martinm CA. The hearing will be coaulucted in accordance with procedures sat forts:in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enolosed for your reference If you challenge this matter Couti,ypu may be 1united to raising ouly tbo4d issues you or sarneone e;sc raised at the public hutlttg dowribed in this notice.,or in.written correspondence delivered to tine County at,or prior to,the public hearing. Very truly yours, john Sweeten,CctuvtyAdrininisttntar atui Clerk of the Board Byy t b7ejuaelle Kelly,De"Cl atirtc2stnrrtt cc:County Comm 1311Raft invemiqut Pilo Ust FROM FAX NO. .Tun. 16 2003 10: AM P'S P"Is"ATIDN VALID FROM TYPt toNSL'vuMKR TRLR 05/31/2002 TO 05/.31/2003 40 ON1484 W*RE "WIFICATION MAKIE 1053AMER SCDY TYPE MODEL CYLS. DATE flP3T SOLD CLASS 'YR I Yl.Mptl1t CCH 0/00/1952 AR 1952 DAU ISSUED TYPE YEH.I MP I AX I WC I UNLADENtWCW TOTAL FEES PAID 0:4/25/2002 42T -$35 0710 TO RSWE TW STICKER 1�M TME OWNS R BEND STICKER AT SLIT MO Rk U011100 •c. J C N N t N G S .LARRY =,N ! INSTRUCTIONS FOR G APPLYING STICKER,lb'LiMSE'PIATE T T. CLEAN S11iiF f THOR00014M,R N C t , 5' T b i E3 8 ACCUMMATED STTCKEAS WILL E i�; ,,� >��, ,� ,� • �� I WCSTICK 1F OR`13I�. cs' ( z PUT STICKER ON REAR MOW— PLATE A L MEYTOF cycLis M SAL t R 0 0 3 4 RIpM TaaH cT TTtIi�VV 1Ait�l��1 K. 10003 ALL OTHERS: iH In Top pt1SM C tl<euM 0 00 ©❑ o II _ CL 0 p w e t U m Q Q D ©© ❑ j ru 52 . .. , ib �q � ©II' N II CI C3 ? ai C) . U C3 m ru .6 m w C3 3' 4) L6 a cn o V w y #wtir' u 5asq u G7 a- lto - d dr CL am) C4 M ! ■ Q C3 0 o Q© � � 00 � C7 AD t u nj ct , atr ' C3. C3 s* c ca m �z+ ca M CC lei 4? ru ru fi R r � ' }„ a ,a C) CN tn ^N sus 'a-401 a fl3 c L'Rty� t.T a� U i_w CC5<S U LL E Ci E6 z CL o ° u ❑C7 ❑ 1113 ru al m m is m F- S Ir . d Ci r5 st c X r1€ f1 rs m C�? 1>1,' 5c mrut3 , • a� m 9 o 'L'00o t0-0p ` ywO V U aS r,5 16 OW 12 E OD rev < zw? •t � c,� E t as a v eo ' t> _ r Uri �°a¢ wo41 ■ ■I ■ cv ■ '■ ■' . � cvi CO N ❑ © r. ❑ Oil 00 2 p r" o ° ro °E3 't c ry D 0 ❑ L— Ju ar a M a~ '' c > C3 rr ® ' tom, c� _ cc C3 ri v C3 "34 : 3 m ' , a00ru C3 C NA r. © vaE c S e .O,- off' €� j-1 .H lam. _ � � � }�. isN cs tSf tll 4l Cq t7. C1 0� Q CY14 C5 in LS of€ at Q '81 d LO 81 rx �.. �iID SP1 w C,,,) �' • tx r- ' r ma" ` E + t� tr c3 i35 m m CA OAR& � �Gfl ■ ■ ■ cv t3 ■ ■ ■' tf} JJ N a. ■ Car to items 1, ,and 3.Also Complete itert, Restricted Deliveryis desired. D Agent RO ■ Print your name anis address on the reverse D Addressee so that we Can return the card to you. Deliy ■ Attach this card to tate tack of the mailpiece or on the front if space permits. D. lslelly d sif#e i 1 Y s 1. Article Addressed to: If YES, ter d I�NdTV N 11VV A 03 Bruce Moeller 1 X tIPlViSli�S 19524 Barlow Court ' Castro Valley, CA 94546 a.S�sType Certified Mail D Express Mal ❑Registered ❑Return Receipt for Merchandise' ©Insured Mail D C.O.Q. 4. Restricted Delivery?(Extra Fee) ❑Yes x. Article Number ?002 1000 9004 916 6 2 811 (Trancfar from service labeo n4a _ _ _ C7 00 MO ca c.w DCD Wi tlr /y jZ #- r �' (Jj e.r• � d to co '> 9 uj c �' _•,� C"i40 .v r O U w CY em C �" i.* Q U5 O Cn 0 Ito `S iz L, 41 10 Ca-art 0 O Co U (D .:r I, BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF APPEAL OF Salisbury Island And its shareholders/members ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States,over age 18, and that today I deposited mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: See attached list. I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: June 4,2003' anielle Kelly,Deputy Clerk The Board . __.- John Sweeten u�►er� � � Contra Clorkof the Board and Mosta County Administration Building County Administrator 651 Pine Street,Room 106 (925)335.1900 Martinez,California 94553-1293 County John Glola,IstS.District Gayfe B.Ulikefma,2nd District 59WW 3rd District VACAfit Mark DeSsuinler,4th District Fesferal Glover,5th District June 4,2003 Re:Abatement Appeal of Salisbury Island,Inc.and its shareholders/ embers AI'N#001-111-021 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that.Tune 17,2003 at 1.31 p.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned;property is a public nuisance in violation of the following Ordinance Code sections. 82-2.002,82-2.006(improper laud use); 74-1.002(structures without building permits), 76-.12.202,76-8.202(structures without electrical permits); 78-3.002(structures without plumbing permits); 710-3.002 (structures without mechanical permits),-712-2.004 [Uniform Housing Code sections 10012, 1001.3,1001.5,'1001.6, 100 .7, 1001.131 (substandard buildings and structures with inadequate sanitation,structural hazards,hazardous electrical, hazardous plumbing,hazardous mechanical equipmentand inadequate fire protection); and 84-68.1402 (illegally Inhabited trailers). The violations are on property located at a parcel of land known as Salisbury Island,'northeast of Coney Island,in Old Diver,Byron area. The hearing will be held in the Board of Supervisor's Chambers,Room 107,651 Pine Street,(the Administration Building),Martinez, CA: The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and Clerk of the Board B _ _y Danielle Kelly,duty Cl attachment cc:County counsel Building Inspection File hist The Board .af Supervisors �t7�l�l'c� John Sweeten Clerk of the Board CountyAdministration Building Costa and 9 County Administrator 651 Pine Street,Room 108 (825)335-190(3 Martinez,California 94553-1293 County John Gloia,1st District lJ Gayle S.UlIkema,2nd District o NMQQDUVW 3rd District -VACANT Mark DeSautnler,4th District Federal Glover,5th District x June 4,2003 Re.Abatement Appeal of Salisbury Island,Inc. and its shareholders/members APN'#001-111-021 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure),you are hereby notified that June 17, 2003 at 1;30p.m.'is the date and time set'for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following'Ordinance Code sections: 82-2.002,82-2.006(improper land use); 74-1.002(structures without building permits); 76-12.202,76-8.202(structures without electrical permits);'78-3.002(structures without plumbing permits); 710-3.002(structures without mechanical permits); 712-2.004 JUniform Housing Code sections'1001.2,1001.3,1001.5, 1001.6, 1001.7, 1001.131 (substandard buildings and structures with inadequate sanitation,structural'hazards,hazardous electrical, hazardous plumbing,hazardous mechanical equipment and inadequate fire protection); and 84-68.1402 (illegally inhabited trailers)`. The violations are on property located at a parcel of land known as Salisbury Island,northeast of Coney Island, in Old River,Byron area. The hearing will be held in the Beard of Supervisor's Chambers,Room 107,651'Pine Street,(the Administration Building),Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and Clerk of the Board By � - IW" Danielle Kelly,Deputy CleZY- attachment cc:County Counsel Building Inspection File List ............... Salisbury Island Membership Roster (Me-mber) (Name) -dress #,I-" Steve Yauftnan 2730 San Miguel Way San Carlos, CA 94070 #2 GrevElizabeth Shiflett 22376 Moyers St. Castro Valley, CA 94546 #3 Paula Mohler 51.09:S0hdan6o.Dr. Livermore, CA 94551 Ron/Julie Kesler 18455 Clifton Ct. Rd Stockton, CA 95206 Leo/Judy Hartung 6849 Eldridge Dr.,, , San Jose,, CA 95120 Andy/Julie Borrego 36524 Buckeye St. Newark, CA 94560 George Marein 39738 Plurnas Way Fremont, CA 94538 Marshall/MandY Behnaharn .5035 Shady Ave San Jose, CA 95129 Jin/Robyn Duranleau, 4640 Jeffmon Court Pleasanton, CA 94588 #JW Cathy Johnson 9875 Wilford Way Gilroy, CA 95020 44,4 John Raleigh 525 Upland Rd Redwood City, CA 94062 Jeff Skover 3401 17'h Street San l mncisco, CA 94110 #12 BruceMbefler 14524 Barlow Castro Valley,,CA 94546 #j.X" LmMarquita Fohl 20712 Glenwood Dr. 0 Castro Valley, CA 94546 ,Y 1,4' rim/Fransine Fiebig 4927 Jams Avenue Castro Valley,CA 94552\ 05 ElenorAlfbrd 4160 Hall CoW- P164sahto� CA 94566 #16 Mike/Debbit Reeder %8 Winter Green Dr. Gardnerville,NV 8941 #17 Dic k/Nan y 1V1 15781 Adams Ridge L os .o$i::CA 9503 Qe Joel Steinberg 660 S. Bernardo Ave. #1,,-, Sunnyvale, CA 940$ #19 Gar, /Sberi z Kehr 4192 Ho11y 13 : Sian Jose,CA 95127 # Barbara Broyles6928 Heaton Moor Dr.-,---- San Jose,CA 95119 /*11 Kur /Deanne Rogers 222 Foribel Ave. --•~ San Anselm►, CA 94969 JefflDianne Kray 88 Central Ave. -- Redwood City, CA 9406 #23 Glenri/Julie Cox 529 Raclhellc St Livrrnor ,CA 94550 #,Z4 Steve/Debbie Killeen 2953"Marlboro Way .- San Ramon, CA 94583 # ! Mark/Mo Blaskovich 431 Bellwood Dr. -. - Santa Clara, CA 95054 # Paul Zagrodney 932 Gale Dr. Campbell, CA 95008 Gary/Cindy Cooper 1389 Stockbridge Dr, San Jose, CA 95130 07" Scott Benrfm&/Katherine Harker 68 E. Younger Ave. San Jose, CA 95112 #2, `' Steve Duffy/Ruri WintonDuffy/R 17216 La Rinconada Dr �. Monte Sereno, CA 9►503t►� Tamara Scott/Alistair Devlin 1355-T Sage Hen Way r . Sunnyvale, CA 94087 ;# 0 Mark/Susan Pass 10629 Ainsworth Dr. Los Altos, CA 94024 #31" Vera/Carol Loskutoff 418 Novato Ave. Sunnyvale, CA 94096 #32"" LarnoxWMacbeft Goldstein 540 Page Ave. Los Banos, CA 93635 01" Jay/Laurie Cone 214 Circle Dr. Felton, CA 95018 #34 Larry Jennings P Box 271,88 Con CA 9452 ' #3�5 Ed Allen 4015 Collier Canyon Rd Livermore, CA 94550 ,, 1 Paul Zischka ` 4415 Linda Way =% Pleasanton CA 94566 Bob Payne 4317 Rutgers»Ct. Livermore, CA 94550 Lnard Plant 5623 Bobby Dr, Livermore, CA 94550 Michael Maine 3806 Inverness Commnon Liverrnore, CA 94550 #36 KmI/Barbara Zischlca 8029 Elgin Lane — Dublin, CA 94568 # Roger/Kathy Fairchild 2025 Bishop Rd. Belmont, CA 94002 #3'8 'VACS #39 Mwgaret Harker 207 B So' St. Pacific Grove, CA 93950 ............- BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF APPEAL OF Salisbury Island And its shareholders/members I declare under penalty of peijury that I am now,and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez,California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: Mr. Martin Lysons Bruce Moeller Gagen,McCoy,McMahon&Armstrong 19524 Barlow Court 279 Front Street Castro Valley, Ca 94546 Danville, Ca 94526-0585 Larry Jennings Elenor Alford P.O. Box 27188 5160 Hall Court Concord,Ca 94527 Pleasanton, Ca 94566 Gary&Sheri Kerr Paula Mohler 4192 Holly Drive 5109 Sundance Drive San Jose,Ca 95127 Livermore, Ca 94551 Glen&Julie Cox 529 Rachelle Street Livermore, Ca 94550 Dick&Nancy Montgomery 15781 Adams Ridge Los Gatos, Ca 95033 1 declare under penalty ofperjury that the foregoing is true and correct.,Martinez, CA. Date: June 4, 2003 Danielle Kelly, Deputy Clerk The beard of Supervisors Contra John ClerkSweeten Clerk of the Board 0 and County Administration Building County Administrator 651 Pine Street,Boom 106 �� ts25)335-t9pt? L. Martinez,California 94553-1293 John Gloia,t st District Gayle B.U ttcerna 2nd district 3rd District —VACANT Mark DeSautnier,4th District - Federal iGtover,5th District as June 4, 2003 Re:Abatement Appeal of Salisbury Island,Inc.and its shareholders/members AIN#001-111-021 In accordance with Centra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure) you are hereby notified that June 17,2003 at 1.34 p.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: 52-2.002,82-2.006(improper land use); 74-1.002(structures without building permits);,76-12.202,76-8.202(structures without electrical permits); 78-3.002(structures without plumbing permits), 710-3.002(structures without mechanical permits); 712-2.004 [Uniform Housing Code sections 1.001.2,1001.3, 1001.5,1001.6,1001.7, 1001.131 (substandard buildings and structures with inadequate sanitation,structural'hazards,hazardous electrical, hazardous plumbing,hazardous mechanical equipment and inadequate fire protection); and'° 84-68.1402 (illegally inhabited trailers). The violations are on property located at a parcel of land known as Salisbury Island,northeast of Coney Island,in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 551 Pine Street,=<(the Administration Building),Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County' Ordinance Code Section 14-6.418.A copy ofthe Uniforrn Public Nuisance Abatement Procedure is enclosed for your reference. 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.' Very truly yours, John Sweeten,County Administrator and Clerk of the Board By;, 11 &i& Danielle Kelly,Deputy Cl attaehmer cc:County Counsel Biniding inspection' File List The Beard of Suerv��ors Q�lt John Sweeten Citric of the Board Costa County Administration Building and County Administrator 651 Wine Street,l� 06 {925x335-1900' ,Martinez,California 84553-1293 County John:Glota,1st district Gayle B.Ullkema,2nd District � y C WWQMft 3rd District -- VACANT Mark DeSsuln er,4th district Federal Glover,5th district June 4,2403` r Re:Abatement Appeal of Salisbury Island,Inc.and its shareholders/members APN# 0 -13.1-421 In accordance with Centra Costa County Ordinance Cade Article 14-6.4(Uniform Public Nuisance Abatement Procedure),you are hereby notified that June 17, 2,003 at 1:30pm. is the date and time set for the hearing of your appeal from the decision of the County Abatement.Officer declaring that the above mentioned property is a public nuisance in violation of Ordinance Code section 74-1.002 (California Building Code section 146.11 (boat ducks,staircases and gangways without building permits). The violations are on property located at a parcel of land known as Salisbury Island, northeast of Coney Island, in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers,Room 107, 651 fine Street, (the Administration.Building),Martinez, CAA.. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance Abatement Procedure is enclosed for your reference. If you challenge this matter in Court,you may be limited to raising only those issues you or someone else raised at the public hewing described in this notice,or in written correspondence delivered to the County at,or prior tol,the public hearing. Very truly yours, Jahn Sweeten,County Administrator and Clerk of the Board B` ry Danielle Kelly,Dt3puty Clerk amchment cc:County Counsel Building lnspec Edon Pile List" BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) APPEAL OF } Salisbury Island ) And its shareholders/members ) } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States,over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice, and the code section in the above matter to the following: Mr. Martin Lysons Bruce Moeller Gagen,McCoy, McMahon&Armstrong 19524 Barlow Court 279 Front Street Castro Valley, Ca 94546 Danville, Ca 94526-0585 Larry Jennings Elenor Alford P.O. Box 27188 5160 Hall Court Concord, Ca 94527 Pleasanton, Ca 94566 Gary& Sheri Kerr Paula Mohler 4192 Holly Drive 5109 Sundance Drive San Jose, Ca 95127 Livermore, Ca 94551 Glen&Julie Cox 529 Rachelle Street Livermore, Ca 94550 Dick&Nancy Montgomery 15781 Adams Ridge Los Gatos, Ca 95033 I declare under penalty of perjury that the foregoing is true and correct.,Martinez, CA. Date: June 4, 2003 CERTIFIEDU.S Postal Service MAILg 34 . ► Cover,?90 Provided) Danielle Kelly, Deputy Clerk ..n Postage • Certified Fee Com, eturn Receipt Fee Postmark (End"element Required) Here r M A icted De6vsry Pee C (End( semens Required) 'C7 � s! Bruce Moeller 19524 Barlow Court ------ ar C Castro Valley, CA 94546 ----- `-- The oard cif upery . ors Contra JohnftheBoarl Clerk of the oartl and dm County Administration Building ng County Administrator 651 Pine Street,doom 106 /' (925)335-1900 Martinez,California 94553-1293 County John Gioia,Ist District Gayle B.tAlkema,2nd District �` o ► , 3rd District,-- r Mark DeSaulnier,'4th District Federal Glover,5th District June 4,2003 Re Abatement Appeal of Salisbury Island,Inc.and its shareholders/members APN#001-111421 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that June 17,2003 at 1:30 p.m.'is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections. '82-2.002,82-2.006(improper land use); 74-1.002(structures without building permits); 76-12.202,76-8.202(structures without electrical permits); 78-3.002(structures without plumbing permits); 710-3.002(structures without mechanical permits); 712-2.004 [Uniform Mousing Code sections 1001.2,1001.3,1041.5,1001.6, 1001.7, 1001.131 (substandard buildings and structures with inadequate sanitation,structural hazards,hazardous electrical, hazardous plumbing,hazardous mechanical equipment and inadequate fire protection); and 84-68.1402(illegally inhabited trailers). The violations are on property located at a parcel'ofland known as Salisbury Island,northeast of Coney Island,in Old River,Byron area. The hearing will be help in the Board of Supervisor's Chambers,Room 107,651 Pine Street,(the Administration Building), Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance CodeSection 14-6.418.A copy'ofthe Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and Clerk ofthe'Board By � i '� W '+ Danielle Kelly,Deputy Cl attwhment cc:County Counsel Building inspection File List The Board o uperv��ar� Contra :john Sweetenhoar Clerk of the Board and County Administration Building Costa tor 651 Fine Street,Room 106 661 5)335-190County 0 Martinez Contort is 94553.1293 County John Giola,1st District 1 t 1 / Gayle B.'Ulikerna,2nd District Al rd District — VACW Y Mark De$atsint er,4th District Federal Glover,5th District $ June 4, 2003 Re:Abatement Appeal of Salisbury Island,Inc.and its shareholders/members APN#001-111-021 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that June 17, 2003at 1:30 pm.:is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of Ordinance Code section 74-1.002 [California Building',Code section 106.11 (boat docks,staircases and gangways without building permits). The violations are on property located at a parcel of land known as Salisbury Island, northeast of Coney Island, in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers, Room 107,651 Pine Street,(the Administration Building),Martinez,CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance'Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator, and Clerk of the Board By Danielle Kelly,Deputy Clerk atlachuient cc:County Counsel Building Inspection File List. The Beard ofupervisrstJl1' John Sweeten Clerk of the Board and County Administration BuildingC t County Administrator 651 Pine Street,Room 106 Martinez;California 94553=1293 Co unty (925)335-1900 .john Gioia,1st District Gayle R.tJ#lkema,2nd District NMQQOWAK 3rd District VES Mark©eSaulnier,4th District Federal Glover,5th District ; moo., .•�" June 4, 2403 Re: AbatementAppeal of Salisbury Island,Inc.and its shareholders/members APN'#001-111-021 In accordance with Contra Costa County Ordinance Code Article 14-6.4 (Uniform Public Nuisance Abatement Procedure), you are hereby notified that.tune 17, 2003 at 1:30 p.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of the following Ordinance Code sections: '82-2.002,82-2.006(improper land use); 74-1.002(structures without building permits); 76-12.202,76-8.243(structures without electrical permits);'78-3.002 (structures without plumbing permits); 710-3.002 (structures without mechanical permits); 712-2.004 [Uniform blousing Code sections 1001.2, 1001.3, 1001.5, 1001.6, 1001.7, 1001.131 (substandard buildings and structures with inadequate sanitation,structural hazards,hazardous electrical, hazardous plumbing,hazardous mechanical equipment and inadequate fire protection); and 84-68,1402 (illegally Inhabited trailers). The violations are on property'located at a parcel of land known as Salisbury Island,northeast of Coney Island,in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers,Roam 107, 651 Pine Street, (the Administration Building);Martinez, CA. The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of Uniform Public Nuisance Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and Clerk of the Board' By -� Danielle Kelly,Deputy Cle attachment, cc:County Counsel Building Inspection File List _. The Beard of Supervisors �(J�l��"d John Sweeten Clerk of the Board and County Administration Building Cost County Administrator 651 Pine Street,Room 106 (925)335-1900 Martinez,Cafifornia 99553--1293 County John Glola,1st District Gayle S.'Uilkema,2nd District pard District — VA= Mark DeSaulnler;9th District Federal Glover,5th District o June 4, 2003 °S'A fiad Re:Abatement,Appeal of Salisbury Island,Inc.and its shareholders/members APN'#001-111-421 In accordance with Contra Costa County Ordinance Code Article 14-6.4(Uniform Public Nuisance Abatement Procedure), you are hereby notified that June 17, 2003 at 1:3d p.m. is the date and time set for the hearing of your appeal from the decision of the County Abatement Officer declaring that the above mentioned property is a public nuisance in violation of Ordinance Code section 74-1.402 [California Building Code section 146.11 (boat docks, staircases and gangways without building permits). The violations are on property located at a parcel of land known as Salisbury Island, northeast of Coney Island, in Old River,Byron area. The hearing will be held in the Board of Supervisor's Chambers, Room 107, 651 Pine Street,(the Administration Building),Martinez, CA: The hearing will be conducted in accordance with procedures set forth in Contra Costa County Ordinance Code Section 14-6.418.A copy of the Uniform Public Nuisance'Abatement Procedure is enclosed for your reference. 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. Very truly yours, John Sweeten,County Administrator and Clerk ofthe'Board B ` ' y Danielle Kelly,Deputy Clerk attachment cc:County Counsel Building inspection File List ... LAW OFFICES OF GAGEN MCCOY, MCMAHON & ARMSTRONG WILLIAM E. GAGEN.,JR, "A PROFESSIONAL CORPORATION DANVILLE OFFICE . : GREGORY L. MCCOY 279 FRONT STREET PATRICK J. MCMAHON P. 0. BOX 218 MARK L. ARMSTRONG DANVI.LLE, CALIFORNIA 94526-0218 LINN K. COOMBS TELEPHONE: (925) 837-OSSS STEPHEN W. THOMAS. FAX: (925) 838-5985 CHARLES A. KOSS.'. MICHAEL J. MARKOWI.TZ NAPA VALLEY OFFICE RICHARD C. RAINES THE OFFICES AT SOUTHB:RIDGE.. VICTOR J. CONTI 1030 MAIN STREET, SUITE 212 BARBARA DUVAL JEWELL2 .y ROBERT M..FAN UCCI A 19 p �+ ST. HELENA, CALIFORNIA 94874 9 TE LEPHONE:.(707) 903-0909 ALLAN C. MOORS FAX: (707) 903-5527 STEPHEN T. BUEHL. AMANDA BEVtNS PLEASE REPLY TO: ALEXANDER L. SCH:MID MARTIN-L.YSONS CE.LIA M. KIM JANICE L. FITZSIMM:ONS Danville By Hand Delivery RECEIVED Contra Costa County APR 0 9` 2003 Attn: Board of Supervisors County Administration Building CL RkCONTRA NTRACSTAG �Esv�s os��CO 651 Pine Street Martinez, CA 94553 Re: Appeal from Abatement Notices on Salisbury island East of Coney Island in Old River, Byron, CA APN 011-111-021 Dear Members of the Board of Supervisors: This firm represents Salisbury Island, Inc., a mutual benefit non-profit corporation (hereinafter,the"Corporation")and owner of the above-referenced parcel. The Corporation was recently served'with two notices and orders to abate,one served on the Corporation and dated March 19,2003,and the ether served and dated March 31,2003. The March 19,2003 notice cites alleged"substandard buildings and structures, buildings without approval of permit,and occupied trailers"in violation of several sections of the County Ordinance Code. The second notice and order to abate, dated March 31, 2003, cites alleged "boat docks, staircases and gangways to docks and mooring structures without approvals or permits"in violation of Ordinance Cade Section 74-1.002,CBC 106. With this letter,we are appealing both notices (hereinafter,the "Notice") on behalf of the Corporation. Salisbury Island is a 17-acre island located in Old River near Byron. For over 30 years, Salisbury Island has functioned as a recreational area for delta water skiers and fishermen, with accommodations,for overnight or weekend stays. For decades,hundreds of structures apparently have been constructed throughout the islands in the Delta without permits, including those structures on Salisbury Island. The'Corporation was formed to organize maintenance of Salisbury Island and its facilities, and to give its shareholders/members a forum for proposing improvements. It is a weekend/vacation recreational island,and all the members actively participate in the community that has developed there. Shareholders/members of the Corporation enjoy a good relationship with the County Board of Supervisors April 9, 2003 Page 2 Sheriffs's Department on the Delta and are good neighbors in the greater Delta community. Many of the structures have been assessed by the County Assessor's Office, and the Corporation has been paying County taxes on them for nearly a decade. While the structures and trailers on Salisbury Island were installed without permits,both of the Notices expressly allow for the Corporation to obtain all necessary approvals and permits for the correction of the purported violations. However,the time limit imposed on the same Notices prohibits the Corporation from securing the proper permits prior to the completion of abatement proceedings. As you are aware, the permitting process, especially for a development as complex as this one, takes a significant amount of time and effort. It has always been the County's practice to give a landowner who has been served a notice to abate the opportunity to gain approval of the land use through the permitting and public hearing process. At the very least, some diminished recreational use may be suitable for Salisbury Island. We are appealing these notices to abate in order to have the same opportunity afforded to other landowners in Contra Costa County. We are asking the Board for the opportunity to present to the County a comprehensive land use proposal for Salisbury Island that will be consistent with the County General Plan,compliant with the County Ordinance Code, and compatible with the other uses within the Delta. If the Corporation is forced to remove the structures before being allowed a hearing,nothing can be salvaged. Given that the land use has been in existence for over 30 years, there is little harm in allowing the structures to remain while the land use issues are sorted out. Even if the use of the structures is temporarily abated to some extent pending the outcome of the land use process, it would still allow the Corporation to salvage part of the structures without harm to the Delta area or community. The grounds for the appeal to the March 31, 2003 Notice and Order to Abate pertaining to the boat docks, include,but are not limited to the following: 1. The ten-day time period specified in the abatement order does not give enough time for the owners of the boat docks to apply for the necessary permits to legalize them. As noted above,it takes a significant amount of time to"obtain the necessary approvals and permits from Federal, State and County agencies,"as provided in the Abatement Order. As these structures are in the water, State agencies may be involved in the approval process. In addition, the Corporation would have to hire a civil engineer and other professional consultants to assemble plans and analysis of each of the docks. The time allowed makes these tasks impossible. Some of these docks are salvageable. All should be given the opportunity for at least an application for a building permit. 2. Even if it is found that the boat docks cannot be legalized, the Abatement Order does not allow enough time for the Corporation to obtain the necessary permits for Board of Supervisors April 9, 2003 Page 3 their demolition. The State may also be involved in the removal of these docks. Application to the State for the proper permits takes time. In addition, an engineer would have to examine each dock and put together a plan for a demolition permit. Again,the Notice and Order to Abate does not even allow sufficient time for the Corporation to abate even if it wanted to do so. 3. Appellants are the targets of selective enforcement of the prohibition against unpermitted boat docks on any other Delta island. The County has not historically enforced any prohibition against unpermitted boat docks on these islands. As far as our limited research has shown,this is the first abatement action against any unpermitted docks on the Delta. If the Corporation is to be singled out among the many unpermitted docks in the Delta islands, it should at the very least be given the opportunity to obtain the necessary approvals and permits, as provided explicitly in the Notice and Order to Abate. 4. The custom and practice of the County in the past have been to allow the owner of a parcel an opportunity to legalize structures found in violation of the ordinance code. Appellant has not been given the opportunity to do so. We ask the Board to give the appellant sufficient time to submit building permit applications for the docks. As noted,they do not violate the spirit or letter of the General Plan or the Ordinance Code, and should be considered on their merits, not summarily destroyed. The grounds for the appeal to the March 19, 2003 Notice and Order to Abate pertaining to the "substandard buildings and structures, buildings without approval or permit, occupied trailers" include, but are not limited to the following: 1. The twenty-one day time period specified in the Abatement Order does not give enough time for the Appellant to apply for the necessary permits to bring the current use, or any potential reduction in use on Salisbury Island,into compliance with the Ordinance Code. The Abatement Order itself states that the "nuisance" may be abated by "obtaining all necessary approvals and permits for the correction of the ... violations." However, the time period specified renders this option illusory. The Corporation has enlisted,the assistance of an engineering firm to assemble an application package for a land use entitlement. Progress on the application is steady, and we expect to be ready to submit an application in the near future. However, if the structures are destroyed before the Appellant has an opportunity to submit an application,any possible approvals will be moot. At this stage,the appellant is merely asking the Board for an opportunity to present a plan for a compatible land use situation. 2. Even if it is found that all the structures cannot be legalized, the Abatement Order does not allow enough time for the appellants to determine which Board of Supervisors April 9,2003 Page 4 structures can or should be saved, or to obtain the necessary permits for their demolition. They have been summarily red-tagged(marked for abatement). However,there is a chance that some of the structures can be saved or brought into compliance with the Ordinance Code. If they are destroyed before it can be determined which ones can be saved,a valuable resource will be wasted on Salisbury Island. 3. Appellants are the targets of selective enforcement. Again,it appears that the County has chosen only Salisbury Island as atarget of enforcement. We have been told that enforcement on the other Islands within the County will follow. It stands to reason that if this island is to be a"test case"for all the other islands in the County,now is the time that the County should consider all the options for solving the problems with "illegal" structures throughout the Delta. The only way to allow the County to consider all possibilities is to allow a land use permit application and related land use requests to be processed, to allow a public hearing, and to approve or deny a proposal on its merits for continued use on Salisbury island. 4. The custom and practice of the County in the past have been to allow the owner of a parcel an opportunity to legalize structures found in violation of the ordinance code. Appellant has not been given the opportunity to do so. 5. The use is potentially allowable under the General Plan. The Land Use Designation under the General Plan is"Delta Recreation." The Land Use Element identifies permitted uses as including "marinas, shooting ranges, duck and other hunting clubs, campgrounds,and other outdoor recreation complexes." The proposed and,traditional use on Salisbury Island has certainly been outdoor recreation. Even if some of the structures do not meet the"outdoor recreation"criteria,they can be modified to meet those criteria. If the current uses on the Salisbury Island are not compatible with other elements of the General Plan,then installing improvements, such as fire safety equipment, can bring them into compliance. It will take time, effort, and public input to determine which aspects of the current land use are acceptable under the General Plan. Summary destruction of all structures on Salisbury Island, except for one residence, however, will take away that opportunity forever, with nothing gained. Allowing a permit application to go forward is the most reasonable way to determine what land uses may or may not be appropriate here. The Corporation acknowledges that there are items on Salisbury island that require attention. However, for the'County to:order complete abatement of the use, as opposed to merely abating those aspects of the use that are incompatible public health and safety, is unnecessarily draconianand calls for a needless waste of resources. At this stage, we are asking only for the opportunity to present to the County a plan to create a safe, legal and compliant use on Salisbury Island for future generations to enjoy. This plan'can serve as a Board of Supervisors April 9,'2003 Page 5 model for bringing all of the islands in the Delta within Contra Costa County into compliance with the General Plan and the Ordinance Code. We ask that the Board of Supervisors not pass up this opportunity,and to instead allow the Corporation time to bring an application to the Community Development Department for a more limited use of some of the structures on the island. Thank you for your consideration of this appeal. We look forward to working with County officials' and the Board to bring these issues to a mutually agreeable resolution. Sincerely, GAGEN,McCOY,McMAHON&ARMSTRONG A Professional Corporation Ma in E. Lysons MEL/sdl cc. Salisbury Corporation, Inc. Attn: Mark Blaskovich Scott Benning Mark Pass Dennis Barry, Community Development Director Lou Reinthaler, Building Inspector I Mark Armstrong, Esq. r 3 e Clerk Of the hoard of Supervisors _ County of Centra Costa A {¢ 651 Pine St. � � I"Floor " Martinez, CA 94553 Dear Appeals Board, I'm writing this letter to appeal the order to abate our staircases and steps to our dock at Salisbury Island on the Delta. I am requesting appeal for the following reasons. 1. At the time of purchase we were informed that the Island in its current use was a "Delta,standard"and that it was"common practice"that had been going on for years as seen by many other structures on and around the Delta. We were completely not informed<about'zoning issues. We were aware of the non-full time residency rule however, we were lead to believe that due to the fact that these structures were none full time that certain exemptions were allowable 2. We have invested money and time on property improvements i.e. weed abatement and erosion control for the land.Paint, exterior and interior clean up of the structure. If allowed to stay we would continue these improvements. 3. We have full intention of doing whatever necessary to comply with codes in order to bring ourstructure into compliance and prevent abatement of our structure. Sincerely, Gary and Sheri Kerr 4192 Holly Dr. San Jose, CA 95127 (408) 729-8865 Space 19 Salisbury Island 10 cr .fir. Ul LD n � �c X15 g k . . Ul Ln L16- •• .T rt rn D- OR - ��:,+qtyLOL � � r t , YEW � JUN 2 �� L� .CON � t a�a . ye PON Eli KA Mr! pop W0,1220i rA wt Wcou SET WontuAw: INNS SAM�� --��-�,-,� �`-- +tet✓` Awl lei 1 FAR lv- JV NQ" look VU 0 Mom Eit mass MOW Too "M ull lom 11 101" aim r" aysp�� EIVED APR 019 2003 CLERK BOARD OF SUPERVISORS' CC}NTRA,COST'A C. April 8, 2003 Clerk of the Board of Supervisors County of Contra Costa 651 Pine Street 1"Floor 06 1-408L , Martinez, CA 94553 q4wRe:'Notice and Order to Abate art " / ' ° I a-d'C0q t. fcc <6a Mr.3 t 0(0- To Whom It May Concern. t I m "j (d � � , IC0116' tool '-? This is an official request for an appeal to the Notice an 'er bate,C.C.0 Ordinance Code 14-6.410 issued on March 31,2003. The order mandates abatement within tern (10)consecutive calendar days from issuance of the order,which will be effective.April 10,2003: We have been utilizing our recreational lot on the Delta since 1988. Our structure is not a county nusuance, it is well built and pleasing to the eye. We have always contributed tax dollars to the county for our structure and property in a timely fashion. We respectfully request the right to appeal the notice to abate. Thank you for considering'our appeal.'Please feel free to contact us for any additional'information. Sincerely, Glenn and Julie Co 529 Rachelle Street ` Livermore,CA 94550 (925)443-2826 REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting a waiver of the $125 filing fee for appealing the +decision of the County Abatement officer before the Board of ,Supervisors must satisfy one or more of the following conditions to demonstrate economic harship: 1 Appellant is legally indigent;, 2. Appellant :is receiving benefits pursuant to the Supplemental Security Income (SSI) and state Supplemental payments (SSP)' programs, the Aid to Families with Dependent 'Children': (AFDC) program, or the Food Stamp program (Section 17000 Welfare and Institutions Code) 3. Appellant has a monthly income of $125% or less of the current monthly poverty line annually-.,established by the U. S. Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981, as amended; or 4. Appellant is unable to proceed without using money which is necessary for the :use of the appellant or appellant's family to provide for the common necessities of life. (CCC Ord. ,Code Sec. 14--6.41.6; Gov. Code Sec. 68511.3) Following acknowledgement that I have read the conditions noted above and believe I. satisfy;, one or more of the conditions, I am therefore requesting the clerk of the Board to waive the ;filing fee of $125 for appealing the decision of the County;Abatement Officer as stated in the Order to Abate 'a Public Nuisance dated I declare under penalty` of perjury that the foregoing statement, including any accompanying statement(s) or document(s) in support of this request, is true and correct. (Signature of 'Appe'llant) on (date) at (City,' State g � ulru 0 flu ro ,� ac �'" . 7 To whom it may concern, This is notice that I wish to appeal the abatement notice I received for reasons: I wish to obtain all necessary permits needed to remain on the Island. 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'- . � it , . . - 111 . . . � ! i 9 A I N" - I a I I I A" 115, I a.1 1: I I I ji. I ll� j.i: riz - ii; � 4 . '15 1 1 EFm ...... EF. 1 it. . Nk ii. . . . I ii. � ".I ii. I iin 11111!1111 I it. .. 9 I ... i . Im . ,, :::::- : 1. - . . . . . i . a m . i . . I:. i . . i . z i I . i . . i . 4 . i . 4 . 4 . i . . . 1. I w . '. . , . . ., . � . I �. I. I . . lililil� . "I I. .,m . � :...: . ': - - � -. . . ..... ...:�. . . ....::- ...: ': . . .: � . :, . .: . ,.,.I � ..L.. : . � .: :::::. . .. ._ . � .". � � � � � � � � � � � � � � � � � � � � � � � � � � � � . � � . � . . INSIDE: Special ,' oi ► Ir! � 1 + t NORTHERN CALIFORNIA'S LARGEST NEWSPAPER ** MONDAY, APRIL;14, 2003 Isla n - dparadise may be bulldozed. Delta denizens never got county building permits By Erin Hcdtissy CHRONICLE STAFF WRITER Over,,the past two decades, a group of people passionateabout the laid-back lifestyle and beauty of the San Joaquin-Sacramento River Delta built their own para- dise on Salisbury Island. Some in the loose-knit organi- zation that owns the 17-acre is- land in the southeast corner of Contra Costa County constructed their cabins from the ground up; others brought in attractive man- ufactured homes or placed simple trailers on the island shore. Be- cause the land is accessible only by water, they put in boat docks, and many added decks and land- scaping. But now this Delta utopia is in danger of'`being bulldozed be- cause none of the self-described "islanders" applied for building permits. None asked for county' approval to subdivide the island, which is zoned for just one struc- ture but now has 37. None or- dered electrical I hookups — in- stead, folks split off power from the one Pacific Gus and Electric Co.'wire going to the approved house. "'When I built this,I never gave a thought to getting a permit," said Mark Blaskm ich,45,of Santa Clara as he stood outside the 768 square-foot getaway he built on Salisbury Island. Technically, he knew it was illegal,but he figured something could be worked out if anyone ever complained. Much to his chagrin and that of other Salisbury Island owners,the county isn't in a mood to negoti- ate. Building officials say every unpermitted structure on Salis- bury Island must be torn downs "These are uninhabitable,sub- standard units,"said the county's building inspector, Carlon Balto- dam,"T'hese is no other alterna- tive'but to have these structures removed . Baltodano said there are nu- merous problems with the shmc tures on the island,which is not far from pumps that suck 2.5 mil- lion gallons of water a year into the California Aqueduct for deliv- ery to people throughout the state. Among the problems:There is no sewage system, and raw sew- ISLAND:PageA4 Col.1 w 3 � p 1 IT snw T w �•W � � � Ow � � �� * > Tot toe W/ ' O + .� d d �.', `epi _�✓ �c cs= cl MOT Q � • U a ac 4>1 41 .mak q c `� 0,��p ' � `~° � '.d�?•y ,�",� � � °' c to� �� . 5e � a: cc 0 O �y o oz a LO N 1i�- 4 pd Y y ' ��re�edi w'S� CJ Vi 41"o .©:8 OU. .�*" 77II � O� 'W � t4�.� it r:a �..,�• � .Zw,CJ �. w :.� '" ,.C1 o 0 �•+ Ie l W , UW 8 .2 as a> °' �s ,�,vim,, c�'!3 a� a� .:i, '�� ro ,� b 1 Q `�•� »., 't3 v a> a� � a �, � �, � �, �•,.c ; �, .� ao '� �, .� �"cr 1�.,�'b�y a� ,"�� ,�, �s � n,o �.y+`x o,c.�� T O 0 d i5 Fr .y v'y( +� t9�a O y t6�y? 3 d•.. y�j �p r�pQ Qt°'� �.., ss. � �• ,� Via• ro a c� '�' 3 ro � � � �'� `' � � �: ro w V.1 o;04 7tf a� � ^ ♦ LT„ glob .�.-' .�G Pr O cC N tG (� �i X03 N .1 O c=i +:� ra r`di 4a'�' • '� ' Cr:O "S.: A S w A 67 "� �N Jg E; eo OW ta too a ' x p • as WO+ p ai ",� �s .,-� `a1 " 1 C� bb IZA ;a CIO It Ila �JA V�i I r- — -,�� % S. i 7 tib y �+�� p 'p1.' ',�"i,e,� '�"�'. �j � v•p `�p��, �` *.�r� s ,p a� 10, _0 A-k,51 1 Ul {g� p '+t�•�t�'°Q *�, •��+�,x '� u�. �'�j.G '� a� �. +� �'G � bl ;�� "�' j "•✓r� p � 8� S S3 +y'Ci V" � �„� � Li � ty,J*��pc� ``•t�j .e'� �w' � +� R �� '.' H � r�,� � � O � � ¢� � *•,i � � +�+ �j 43 `e' t•+ ,� p C? �7i Fn � �. t11 .�, $ d * p p*!3 y _,A W w a'3 �y� t� `A �+:.�C�" �i' '"' ya�� '�li �•+ +."� RJ � "'G "."� i��+.^� '�' .. � ice•+. O t..+ �' �r F'� P .E�'� +'�. .r� Gr� � '� r� '"' N �' . ps �ts , , , o ,tA p ° . � § . � . . ? / , . � � / � \ \ . > / * * . � � \ . § ( ��.. - - . / . � / . 7 / � « � � � $ , �� , & ,y y / f/ , , //. , 2 ; � ` � . : \ : � . z / � 4 . / � : ) �� ® � ^, # .\ f . . ; . . � , . . . . . /( 2 , - y , - ~© � \ � * . + � , a » . $ � . zz � . . ¥ �< < . « � � ~ � � � � 7 < \ � ° . .¥ f � > �� « ^ / � � �# / y $ ��Z . ` } � ` � ` , 4 : ^ ` � � \ � � +- ® � /yam y . y z / � \» � : \ / f «� . a y y � ¥ \» � # / .# � � �� - » \ � . # . : . \ � # � �� _- �� .7 . � �� € � s � ��7 � � �; �, r '� �i a � � � � � � t � £ �, � e � p ;( A � ; � a� � ° � '` � � F � � � ;� k ir n d w RECEIVED MAR 3 1 2003 ✓ CLERK R'OA D QF Sl Ff FvZows4n.+i/N..RA 1,OSTr.?�'J.. -Spec 6 -L oe-to /t `- 1 .._ " e ,VC -e 411" tin `rLol -1 �± 8pilding Inspection Depah i Hent } Carlos saftodano Director of Building Inspection PROPERTY CONSERVATION DIVISION NEIGHBORHOOD PRESERVATION PROGRAM Costa 651 'Pine Street,4th Floor 0 � Martinez, Califomia 94553-0152 PCD (925) 335-1111 NPP''(925) 335-1137 FAX (925) 646-4450 March 19, 2002 Salisbury Island Membership 4265 Gem Ave. Castro Valley, CA 94546 SITE: Salisbury Island` East of Corley Island in Old River Byron, CA APN. 001-111-021 REI=. RF02-00708 NOTICE TO COMPLY You are hereby notified and:have been notified in the past that this department has observed your property at the above location and determined it is in violation of the Contra Costa County Ordinance Code for the following reasons: Violation Description and County Ordinance Code Section 1. Boat docks, staircases and gangways to docks and mooring structures without approvals or permits C.C.C. turd. 74-1.002, CIBC 106 You must clear the above violtion/s by taking the following corrective actions. You must complete number 1 of the correction action(s). Corrective Actions 1. Obtain all necessary approvals and permits from Federal, State and County agencies for docks and access structures within ten (10) calendar days of the date of this notice. NOTICE TO COMPLY Salisbury Island March 19, 2003 Page 2 An investigation has begun and compliance is required to correct the above violations. A code enforcement fee shall be charged equal to two times the amount of all permit fees. Zoning violation clearances require 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. If you fail to comply with this notice, this office will take one or more of the following action/s: 1. Record this notice on property records 2. refer to County Counsel for legal action 3. Issue a Citation-'Court appearance, penalties and fines 4. Notify the Franchise Tax Board (On rental units declared substandard) 5. Obtain abatement order— All costs plus administrative fees billed to Owner 6. Administrative PenaltyProcedures— Daily fines for each noted violation I may be reached at (925) 427-8845 most workdays between 7:30 and 10:00 am. Sincerely, ou Reithaler Building Inspector l LFR:prc cc:' Gagen,McCoy, McMahon'&Armstrong Attn: Martin Lysons Mark Blaskovich s:code-enfAft/ntc.Safisbury.doc&s REQUEST FOR WAIVER OF THE $125 PILING FEE Individuals requesting a waiver of the ,$125 filing fee for appealing thedecision of the County Abatement officer before the Board of Supervisors must satisfy one or more of the following conditions to 'demonstrate economic harnhip 1. Appellant is legally indigent; 2. Appellant is receiving benefits pursuant to the Supplemental Security Income (SSI)' and: State Supplemental Payments (SSR) programs, the Aid to Families with 'Dependent Children (AFDC) program, or the Food Stamp program (Section 17000 Welfare and Institutions Code) ; 3. Appellant has; a monthly income of $125% or less of the current monthly poverty line annually established by the U. S. secretary of Health and Human Services pursuant ;to the Omnibus Budget Reconciliation Act of 1981, as amended;; or 4. Appellant is unable to proceed without using money which is necessary for the use of the appellant or appellant's family to provide for the common necessities of life. (CCC Ord. Code Sec. 14-6.416; Gov. Code Sec. 68511.3)- _ Following acknowledgement that I have read the conditions noted' above:and believe I satisfy one or more of the conditions, I am' therefore requesting the Clerk of the Board to waive the filing } fee of $125 for appealing the decision of the County Abatement Officer as suited in the Order` to Abate a Public Nuisance dated I' declare "under penalty ofperury-that the foregoing statement, including any accompanying' statement(s) or 'document(s) in support of this request, is true and correct. (Si§nature of Appellant) on 3- 31 - (n S (date) at 44'e-Z4.4 L�.- --7'--(City,, State)' 05/22/2003 09:14 408-35�1931 MONTGOMERYPAGE 01 Nasiq Monrgomeq Atmaben OAS Reu tors stnt4240*al,com 408.353.4249 TO FAX A'Petl 6t-41� FROM: Nancy Montgomery FAX (408) 353-4931 DATE : 5- - 2- Z 0 Pages CAY . . 05122/2003 09;14 : 408-3534331 MONTGOMERY PAGE 02 To:" Contra Costa Planninouilding Department From: Nancy and Richard Montgornery Salisbury Island Lot#17 Re: Notice to abate We request the right to appeal the notice to abate I:. We are legal owners of an undivided interest in Salisbury Island. 2. We have not been allowed access to apply for any type of permits due to many roadblocksplaced'on our attempts to comply with the process as requested by the plaming/building,departments: 3. We have a'use that is recognized as conforming to the A2 zone/use plain.. . We only desire to be given the opportunity and time necessary to brim,our property into compliance with the codes and ordinances as allowed by law. We have attempted to apply for a laird use permit on three separate occasions, We are in continuous contact with the Community Development Department in an attempt to work our way through the process of legal use. 05122!2003 09:14 408-334931 MONTGOMERY PAGE 03' n NOAND ORDIR TO ADAC c16 C.Q.C.OR Ci CODE 1"410 Malt,,� 12W3 molmcte a "May onliW !MW girarm _ a,CW 10LI t7ottWf vOW of brat ,• 1-Y ► 1011 w llWWrltty s&v00mw v#klWWappmwv or porrrt+tg4.' a ra Car"Came covw t)rdtn M I a,Coft The*126m tas boon Gid t oubb0 MAW=by C�y AbMomml w d tt►ust bt and VAOU010tt. The pubQc o, 11� ��....:e �■�r»r.wrawr:tea U AM HIMMY ORDIMV To A&gATg L40 VUSUC NUI W"Nn tg you WAY ably to rnttt atm by. doalm am -:. w/remove Ii You Ad a0fbift i,,� R*pubft�W" �:of da ,theCounty "�/b �W#6 awbmi ��ym461NOW*t If root V ,SM tea,. IWPr ,,1 s � MOVA.'The 41 Sol"�Nits ww may 1*Cabo"09 awswo 44 fid'n ft swa Pm"m w swat"ftso Sid O w4 w . YOU be bio h br 10 fir! of wrmy suvh on"ff" *f do*LQV �ON"ft?awwo snt d '[hr ttt bIr itI'wtiltt ft toga" "Poe rr t W by an d tralr jLLL CLMK OF Tt �OF$KW^UPmW**AW tJWNKs,COUK"Y Of COMM COWA OrA"m is loom my W&A a www at ft Vow t!t lltr•pptMt ttnd WuyAr } of atm, Comte d th�rl�ftaw wm aaft*0 ftb tt! N VW have wVqueofta '01't�tNrnrtlroar�' �d ffwftt.� ffft dtd#Wft V IMMS 000 a[tio�r,uttir9 tib ttorjar tart drrtwlt',orf Grp r"err �OM�Dwr. b 1 00 v << - ` s-' ' CLC) s Ww W 'cc zc ¢ 1 ttrr rr rr ii tt Cc EE NJ cj� 0 a a� Er fu a Z C.) ur n" 1 .■Z`�. € C! I - 9, r, O � w t) W > + ¢ h9 do w �� uj r a.0 cc rJ W- .�vrm mo aa3mn vxn*ao- ri cct111t111111111111111111HIM IIIIIIHIMU 2:3 i #j E y <. .. 6 3 . & {c 3 � ..... ..._ g #,. fill 3 - 1 . ... ' x4 d L C u . '- c' -tom` -= . t - , la - 1 To: Centra Costa Planning/Building Department From: Nancy and Richard Montgomery Salisbury Island Lot#17 Re: Notice to abate We request the right to appeal the notice to abate 1. We are legal owners of an undivided interest in Salisbury Island. 2. We have not been allowed access to apply for any type of permits due to many roadblocks'placed on our attempts to comply with the process as requested by the planning/building departments. 3.' We have a use that is recognized as conforming to the A2 zone/use plan. 4. We only desire to be given the opportunity'and time necessary to bring our property into compliance with the codes and ordinances as allowed by law. We have attempted to apply for a land use permit on three separate occasions. We are in continuous contact with the Community'Development Department in an attempt to work our way through the process of legal use. 06ELVXf wTL£S OA{giR�CTYH LUru ru ;;1sot z -til415 , > 4 ru r 03 m mi Mi 03 s- r 1 r ! 1 4S - ! co Y Atom nameme NOTICE AND ORDER TO ABATE T ,�IVE C.C.C.ORDINANCE CODE 144"10 MAR 3 12003 N071t:S IS Homey la"N €ERK€WR � s EAV1S A$ cif CON1AA COSTA Co. Ate ; Q Ord.,74-1M&CBC 10ll:1 Consiruo0on of boat nooks,stalwaaes and'sanpwryr to dociw and mooring xwow es without approvals or parrmits. Of the Contra COM County Ottifr nca Cada. The vocation has been declared a public nuisance by County Abatement vier arks must be abated imrnadiawy. The;.putdlc'. nuisance Is on property at~2 BMW.gi Igind knRIM AN Willibur�1ar Owor. MOO.WAA POW" aOW" �rwrawK' gear' YOU ARE HERMY ORDERED TO ABATE SAID PUBLIC NUMANCE within ton 92040ol dva Calendar days from the Irouancr of this order. The iswam* date is OPOMW below. You may abate ft nuisance by: I- ObftlnlnS elf rmeaseary appraveis and permits from ftderal,Slats and County for Via looks, rno drWe and access ekuft vs,Apr tnaftily remove amId1spoes of alt I1llop1 arty by obta rdrtp demolition permits. If you fail io abate to pubsc nuisance within the number of days specified, the county may ordor this att oamont by pubNo ampkryoss,private contratsDr,or other mows. The Cost of sal#abaMrt mA If net paid,may be levied a rgi mosged atigairart the paecporty as a vwcial Wassr om Ron and MMY be collocted at the s+ierne *no and In the same manna( as ordnwy county taxers we oollectod, subject to the atone penaiti", procedures and ado in moo of d lkwW W. YOU MAY APPFAL FROM THS ORDER'OF ABATEMENT,but any such appeal must be brouot'prior to the"Iration of the number of slays specified above for completion Of ebatOrAft The appeal must be In-wrlf V; specify the reasons ftor the appow, +Main your neuter,addrerfs and tatephone number,be+aocompanied bye an appeal fee of O, a HUMMID Aimr "rev dollars 11125-Oft and be submitted to the all& ' the�gi at the following address: CLERK OFTHE90ARD OF SUPERVISORS,COUNTY Of CONTRACOSTA 651 PINE STRWT,1wr FWOR,MARTINIM OA 94U;& " who is 1*9W ind%MM may obtain a wahr+osr of the appeal foie. Upon*rosy;receipt Of the appwrl and aotompattying feet or"lot, the Clark of the Board will cruse the matter be saat for heatlnp before the Sowd of 8upervlaors and notify you of to date arced icxsian of the hwingk If you have any questions regarding thts matter.you may dir+Mt them to the county*Most Is"tilt notice at the address or telephone number listed below. lS$U DA'1"I is WILIDING INSPECTOR l Uft* OWNER: Salisburyt std a Cttlir, . C.-'� ' 1" Q No*riCE AND Ulrt>L3ER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 (.J NOTICE IS HEREBY GIVEN that this roper!y has substandard buildings and structures, buildings without approval or permit. occupied trailers and is in violation of: Section C.C.C. Ord: 82-2.002, 02-2.006 Improper land use Section C.C.C. Ord: 74-1.002,78-3.002, 710-3.002, 76-12.202 & 76-8.20 Residential dwellings withoutapproval or permit, including -- building, plumbing mechanical & electrical work, Section C.C.C. Ord: 712-2.004, UHC 1001.2, 1001.3, 1001.5, 1001.6, 1001.7, 1001.13 Substandard buildings and structures with inadequate sanitation, structural hazards, hazardous electrical,, hazardous plumbing, hazardous mechanical equipment & inadequate fire protection. Section C.C.C. Ord:84-60.1402, 82w2.006 Illegally inhabited trailers Of the Contra Costa County Ordinance Code. The violation has been declared a public; nuisance by County Abatement officer and must be abated immediately. The publi nuisance is on property located at: a parcel of land known as Salisbury lsl<and., northeast of Coney Island, in Old River, Myron area. AP'N# 001-111-021 Owner: Salisbury Island, a California Mutual Benefit Non-Profit Corporation (Owner on lest equalized ass( .sniont role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within tvverity one (21.) consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the>nuisance by; 1. "'Obtaining all necessary approvals and permits for the rlorirection of tile abov Violations, car lawfully remove {iii ii:agai dwellings and structures by obtaining demolition' and/or "moved house" permits. This is to include :ill sept is systems and accessary buildings. if you fail to abate the public nuisanrt,. within the number of days specified, the count,,. may order this abatement by public e rnploye es, private contractor, or other means. 'Th cost of said abatement, if not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the same time and in the same manner as ordinary county taxes. are € ollected, subject to the same penalties,' procedures and sales in case of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of the number of days specified above for completion, of abatement. The appeal must be in writing; specify the reasons for the appeal; contain your nems, address and telephone number; be..accompanied by an appeal fie; of ONE HUNDRED TWENTY FIVE dollars:($125.00); and be submitted to the Clerk of the Board of Supervisors at the following address: CLERK OF THE BOARD OF SUPF RVISORS, COUNTY OF CONTRA COSTA 651 PINE STREET, 1ST FLOOR; MARTINEZ, CA 94553 One who is legally indigent may obtain a waiver of the appeal fee. Upon timely receip, of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause matter to be set for hearing before the Board of Supervisors and notify,you of the 'dn1,0 and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed below. iSSU ,KE DATE: March 19, 2003 VLotu ReInthaler BUILDING INSPECTOR i_Fn:cle uniform.rev8/31/99 Dj`� fd(,5 QWN r r. NOTICE AND CJKDER TO ABATE C.C.C. ORDINANCE CODE 14.6.410 NOTICE, l$ REBY ,GIVEN that this roehas subs#andard buil in and structures`buiidIn' s wlthout'ap2roval or gormit ,occul2iedtrailers and is,in violation of: Section ., .d Q' ,Q t rtl 82-2.002, 82..2.006 Improper,lend is ''. . Secy C �. r : 74-1 002,78-3.002, ' 710-3.00 ?6-12.202 & 76-8.202 Fie§ldetitlel dwellings without approval or permit;lttcuding =1 Ifdlitg; plumbing, mechanfC "eltrlcal work. Sto � ' tC. Ord: 71 -2.0040 .UHC 100102 100`1.30 '1'(f0'I.5, 1001.& .1001.7, 1001 131�Sul�Mandard buildings and : strucfures with ` Insdequate'. .sanitation, structural hazards, hazardous electrical, '.haziir`dous '.plumbing,,`' ;hazardous mechanlcal equipment& Inadequate fire protection. ec#tdri' .i . tura:84-68.1402, 82-2.006 Illegally inhabited trailers Of tne°Contra Costa County Ordinance Code.,= The violation has been declared a public nuisance'by County Abatement officer and must be abated -Immediately -' The public nuisance is.ori property located at. a_parcel of land 'known as Salisbury island, north` ash of,donev island in Ofd River B ron area..;,, APN#'001'411=021 Y °' Owner, is u Island a California Mutual Benefit N Profit oration (Owner on last equa#zed assessment role or as otherwise known} YOU ARE.HEREBY.ORDERED TO ABATE SAID PUBUC`-NUISANCE within twenty one (21) o+ nsecutive'calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1 Olbfaining aril necessary approvals and perm for�the 6drrectior>r ci the above vialatidns; or lawfully remove alt illegal di�veitings an sttructures by obtaining demolition . andtor,`"moved house" permits. This Is `to Include all' 'septic systems and accessory buildings. if you fall .to' abate the public' nuisance within the number of days specified; the county may order'this`abatement by public employees, private contractor, or other means. The cost of sarin ,abatement, if not paid, may be levied and assessed against the'property as special assessment lien and may be collected at the:;:same time and'in the same manner, as' ordinary county taxes are -collected, subjeict to the same penalties, procedures and sales in case'of delinquency. i.:� nil 'YOU MAY APPEAL. FRO t�RbER OF ABATEIU�ENT,fbut any such appeal must be brought.prior to the expiration off the number of days specified above fel:completion of abatement.,,, The appeal must' be in writing; specify the reasons forthe,appeal; contain your name, address and telephone number; bb�acco hoanled by an.appeal fee of ONE�Htlr+llEl7 TWENTY FIVE dollars 125.OE? ; and be submitted to the Clerk of the Board of Subervisors at the following address; }° CLERK OP`THE.B+DARD OF SUPERVISORS Ct�LINTY OF C4NTl�l� COSTA' ' 651 RINE�STRRE7FLOt3C , MAIRTII`IEZ, GA 94553k=T`' s i One 'who Is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal sand accompanying fee, or waiver, the.Clerk of this Board will°cause the matter to tie set for hearing before the Boars! of Supervisors;acid notify you.ofxthe.date and' location` of'the hearing. If you have any questions regarding this matter, you may direct them°to£ he'caunty officer issuing this notice at the'address.or telephone number listed below u ISSUA E,DATE: March 12, 2003 4 .r cru Re1nth;�4. r BUIL DING INSPECTOR l LFR:cje unitonn.rev 10 4, Apr 09 "'03 I'1 s54a Lemont Goldstein 12©9` 026-956t]: ' p. 1 APR 0 9 2003 Alio OF SUPEAV rip.q April 9,2003 TRS t�8'LA G0. Appeal Filing Atf,,ti 06Lu &ir)-66 To: The Civ,k Of Tha C mira 4:otta tw'nttnty Nard Of 5uyarvi3e'rs — Reference. APN#001-111-021 Nallsbury island,i�ux th east of Coney Island. In flirt'i'tiver.Byrvtr: area. Order To Abate From:L:antom j.%:jQlus cljj, 3a16Uu.;r laland mgm"r, gtmtirturA nwner 540 Page Ave. , Los Banos,CA.93635 209 826.6493 wk 209 826-7400 t Ann filing thi3 opp¢al on 64—Ifrtf My<selfand my family, in regards to our trailer which is located on Salisbury Island prior to 13ecember'31, 1990, This structure Ls utilized nes more than 4U non consecutive clays per year as a recreational weekend getaway. Our Primary residence is located at 540 Mage Ave. , Las Banos,CA. 93635.We are members at Salisbury Island in goad standings,as well as participants in the group which have retained engineers and attorneys to help address the technical concerns of the Contra Costa County Building Department,this group comprises of the majority of tEo membership of Salisbury Island. The purpose'for ding this appeal with the clerk is not to cover the many technical issues 4V11101 will#C a rw cd Uy our re�iri�arc anti att(7rneyw.3sut to&)j Q ,,t Ykrc hssrna»u"ado of ri�liahrwry island and the membership Presently at this time it is uncertain that our individual voice's will be heard to yom,The Board Of Supervisors, in the appeal process ptcaciaci 1,y our rctoinod otaff. Salisbury Island is of such great heart felt importance to our family as well as our friends and members can Salisbury Island that l can not let the ceadline for filing this appeal pass without this submission I am well aware of the importance of your time,and I plead with you to allow myself"and possibly other members to present to you the human side of this process. Respectfully;Requested By, Lamont J.Cioldste n CO CY? } • W i rµ ! fit IL, tirU S `� w LULO ; JC ` U DC7 i w Ln INS .. Ir ru Now U. ui LU tc { ii its<` { ? td LL1 Rpr 019 03 01 : 19p Lamont. Goldstein 1209 8'26-9sea p. 1 WIffia: Sallsbg.a islartd a lff*tnia. Wtual ene-fit[tit -i+ it-Q6rp0MtiQn NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-5.410 NOTICE IS HEREBY'' GIVEN that thi` re ''ert hes substandard buildings and structures buildings without rv 1 or j2grmit. occupied trailer's and i in violation of Section C,C,C t)rd: 822.002, tit-2.006I proper lane use &gtlon C.C.C. 9rd. 74-1.002,78-3.002, 710-3.402, 76-12.202 & 76-8.202 Residential dwellings without approval or permit, including-- building, plumbing, mechanical & electrical work. Seot C.C,C. Qrcl: 712-2.004, UHC 1001.2, 1001.3, 1041.5, 1001.6; 1001.7, 1001.13 Substandard' buildings and structures with inadequate sanitation, structural hazards, hazardous electrical, hazardous plumbing, hazardous mechanical equipment&inadequate fine protection. Section OX.C. Orid:84-68.1402:, 82-2.006 Illegally inhabited trailers Of the Centra Costa County Ordinance Cade. The violation has been declared a public nuisance by County Abatement officer and mut be abated immediately. The public nuisance is on property located at: a parggl,of land known as Salisbury—Island, riort st of Cowy laland In Old River Byron area'. APN#001-1'11-021 Owner: Salisbury Island. a C lff r Muth 1 Benefit Non-Profit Cor oration (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within twenty one j211 consec Live calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by: 1. Obtaining all necessary approvals and permits for the correction of the above violations, or lawfully remove all illegal dwellings and structures by obtaining demotftion and/or "moved house"' permits. This is to Include at1 septic systems and accessory buildings. if you fall to abate the public nuisance within the number of days specified, the county may order this abatement by public employees, private contractor, or other means. The cost of said abatement, if not paid, may be levied and assessed against the property as a special assessment herr and may be collected at the same time and in the same manner as ordinary county takes are collected, subject to the same penalties, procedures and sales in case of delinquency. YOU MAYAPPEAL FROM THIS ORDER OF ABATEMENT, but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the appeal; contain your name, address and telephone number, be accompanied by an appeal fee of ,QI E HJJ REQ TWENTY F]VE dollars . i2 .flf3 ; and be submitted to the C _k t�f the €oallyd of iieruistare at the fallowing address: CLERK OF THE BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA` 651 PINE STREET, 13T FLOOR,MARTINEZ, CA 94553 One who Is legally indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Beard will cause the matter to be set for, hAaring before the board of Supervisors and notify you of the date and location of the hearing. It you have any questions regarding this matter, you may direct'them to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: fachI9,200.3 Log Reinthaler, Bl,lIL©ING. INSPECTOR ! LPR:C1 unlfo�t»,rav�/J1f�9 e .o 8 CONTRA. COSTA COUNTY 'BUILDING INSPECTION DEPARTMENT AFFIDAVIT OF: POSTING, SERVICE s 8Y MAIL 4 Y STATE OF CALIFORNIA } ZOtl3 COUNTY OF CONTRA COSTA ) MAR, 2 c� � o�� r ERVISnIR, I declare that I am a dulyc 't ,tcces`[ c� appointed, I ied' employee of the Building inspection Department of the County of Contra Costa State of California,' that pursuant to Uniform 'Building'' Code Section 102, Uniform dousing Code 1997 Edition, Section 1101.3, and Contra Costa County Ordinance Code Chapter 14-6 .4 Uniform Public Nuisances X 1 . I deposited attached document (s) in the United States Post;, office in the City of Martinez, certified mail, to the persons thereinafter set forth and in the form attached hereto. 2 . 1 posted the attached documents on the structure on the property as herein listed. 3 . I have mailed a copy' of the :attached documents to the following persons C/O the County Clerk. 4 . Hand delivered. Lighthouse Trust C/o Salisbury Island Member 4266 Crean Ave. Castro Valley, CA 94546 Gagen, McCoy,McMahon&Armstrong Attn: martin Lysons P.O.Box 218 Danville, CA 94526-0218 SEE ATTACHED'` LIST" FOR FURTHER MAILINGS SrM: Salisbury Island,east of Coney Island in Old River,Byron area APN: 401-111-021 Said notices were mailed/po'sted'' on March 19, 2003 . I declare under penalty ofperjury that the foregoing is true and correct. Dated:' March 19, 2003 at 'Martinez; California. PCD Clerk QW-NE Salisbury I>< Lir l3�.Mutual Wi l Ni? 4: S r tion NOTICE AND ORDER TO ABATE C.C.C. ORDINANCE CODE 14-6.410 NOTICE IS: HEREBY GIVEN that this property; has substandard buildings and structures buildin s without a royal or 'ermit o cu ie trailers'and is in viQlajign f: $ectfon Q.C.C. 82-2.0020 82-2.006 Improper land use x SecLiogn C.C.C. Oyd, 74-1,002,78-3.002, 710-3.002, 76-12.202 & 76-8.202 Residential dwellings without approval or permit, Including - building, plumbing, mechanical'&electrical work. Sec>tPon C.C.C. G?rdE 712-2.004, UHC 1001.2,' 1001.3, 1 J01.5 1001.6, 1001.7, 1001.13 Substandard buildings and structures with inadequate sanitation, structural hazards, hazardous electrical, hazardous plumbing, hazardous mechanical equipment& Inadequate fire protection. Socotra C.C.C.-(7rd.84-638.1402,'82 2.006 Illegally Inhabited'trailer Of the Contra Costa County Ordinance Code. The violation has been declared a public nuisance by County Abatement officer and must be abated immediately. The public nuisance is on property located at: g-gg sl 2f land known as Sallsbury Island, northeast of Caney Island. In Old River, Byron area, APN# 001-111-021 Owner: alisbury Island. a California Mutual Benefit Non-Profit Corporation (Owner on last equalized assessment role or as otherwise known) YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within twenty one (21) consecutive calendar days from the issuance'of this order. The issuance date is specified below.' You may abate the nuisance by: 1 Obtaining all necessary approvals and permits for the correction of the above violations, or lawfully remove all Illegal dwellings and structures by obtaining demolition andlor "moved house" permits. This Is to Include all septic systema and accessory buildings. If you fail to abate the public nuisance within the number of days specif led, the county may order this abatement by public employees, private contractor, or other means. The cast of said abatement, if not paid, may be levied and assessed against the property as a special assessment lien and may be collected at the same time and in the same manner as ordinary county taxes are collected, subject to the same penalties, procedures and sales in case'of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT, but any suchappeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must` be in writing; specify` the reasons for the appeal; contain your name, address and telephone number; be accompanied uy an arpeal fee of ONE HUNDRED T1 EIdTY FIVE dollars 125.001; and be submitted to the C l9rk of the Board of Supervisors at the following address:' CLERK OF TIME BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA. 651 PINE STREET, 1sT FLOOR, MARTINEZ, CA 94553 One who is legally.indigent may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the Clerk of the Board will cause the matter to be set for hearing before the Board of Supervisors and notify you of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the county officer issuing this notice at the address or telephone number listed beelow. I'SSUA E DATE. March 19. 2003 �Cou Relntholer BUILDING INSPECTOR I LFR:cje uniform reve/31 99 i aaW tea: ftli_"W!"a bland.ear 1 i» L-plat CaraplAW NOTICE AND ORDER TO ABATE ED C.C.C.ORDINANCE CODE 14.6.410> � MAF 3 1 2003 naarictis ankt NOTICE IS HEREBY GIVEN that this =2dy has tuband "docks. r5'—AN F SIERVI }G1f8 coI r h I � 'I l� Secaltaar a, C.0,.jZ�t?rd.74-1.1302,COC 106.1 Construction at boat docks,staircases and gangways to docks and majoring structures without approvals or permits. of that Contra Cam County Ordinance Coda. The violation has been declared aa;public nutsance by County Abatement officer and must be abated immediately. The public nuisance is on property loaded at a p wyd of tarnf knawra gs,§ skurv, tsiansi oast ofW"Ilft APN#W'I-111-021 Owner: aa�!ia�a'a�reet�# ad '+,�rcxruc�kt ?t Non-'raft YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within ten LW ggagqad�g calendar days from the issuance of this'order. The issuance date Is specified Wow. You may abate the nuisance by; 1. Obtaining all wry aPprbvsls and poramfts from Federal,State and County agencies for the docks, mQorings and access structures,52:`lar+arfully remove and dispose of all Illegal structures'by obUlning demolition permits. If you fait to abate the public nuisance within the number of days specified, the county may order ibis abatement by public employees,private contractor,or othar means. The cwt of said abatement,it not paid,may be levied and assessed against the property as a special assessment lion and may be cold at the same;,time and in the same manner as ordinary county twos are collected, subject to the same penalties, pr000dures;and aseales in at%#of delinquency. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT,but any such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement The appeal must be in writing, specify the reasons for the appearai contain your maim:,address and telephone number,be accompanied by an aappeaal fee of ONE."=Rgl3 ME=FM dollars M V,and be submitted to the Qlark of of dgMat the following address. CLERK OF TIE BOARD OF SUPERVISORS,COUNTY OF CONTRA COSTA 6S1 PINE MEET, FLOOR,MART N64 CA e455 One who Is legally IndontL may obtain a waaalver of the appeal fee. Upon timely receipt of the appeal and accompanying face, or welver, tyle aAerk of the Board will cause the muter to be set for hearing before the,Board of Supervisors and north You Of the date and location of the hewing If you have any AUestlaans L regarding this matter,you may direct thein to the county officer issuing this notice at the address or telephone number listed below. ISSUANCE DAYB. „3I.2a30S u 1sUIl DING INSPECTOR i Lm-* MAR-31-2003(MON) 11:22 _ P.001/002 EAST COUNTY BUILDING INSPECTION OFFICE v4 1191 Central Blvd.#C Brentwood, CA 94513' Telephone:4.27-8850 rax:427-8838 DATE 7. j T8 � ,' ,_ 1 FROM SUBJECT Pages sent,including this page: ..r Sent for your ❑ Information D Review d Approval AS Requested Original will 0 Not be sent p Be sent by rnailtcarrler p Be hand delivered NWSAGE: IF THERE IS A TRANSMISSION PROBLEM,PLEASE'rhONL FAX OPERATOR AT(925)646:41(}8 5!C1.1MKS-01Jf WS/FAXCOVER April 7,2003 Clem Of the Board of Supervisors Attn: Lou Reinthaler County of Contra Costa 651 Pine Street 1s'Fluor Martinez,CA 94523 A 1 of Order Of Abatement—Dated March 19'h and March 31 2003` APN#001-111-021 Owner of Land Salisbury Island, A California Mutual Benefit Non-Profit Corporation "Building and Structures,Occupied Trailers" This is a 1952 American Travel Trailer in restored condition. It is registered with California Department of Motor'V'ehicles. It is not a building or"occupied trailer"as it is only for vacation uses. It is on space##34. "Substandard Locks" This dock�da k toabout 1920 and was part of the holdings of Captain Salisaury, who the riginal house on Salisbury Island. Larry,1e gs wrier of ailer and dock 3280 Sal eet ##203 Concord, CA 94520 (510)504-4354 FROM CiR®UP INSURANCE SERVICE` t�lj1J' LARRY JENNINGS,CLU, CPCU I � Medical - Dental - Life Insurance Specialist t oz (925)827-2165 • FAX(925)687-6047 License#0294151 P.O.Box 27188 •-''Concord,California 94527 Subject .•+ J fi DATE t r �.rMAY 2 9 2003 CLQ 81O CE�11'�4 C�sr�5`JPE�R"d'S0RS 1 � � Ct .• �' " "a RENEWAL NOTICE FOR VEHICLE REGISTRATION t vi: 1r AM 1#iJ1fi tt L1Ci NSE NUMIIER: DNi4134 M,4KE AN1Elt YEAR;iii52 05131l2tii13 35 lN:ztaS t?[7Y T`lPia XC, .. . . ...:. .. RENEW RENEW via the Internet is an option available to you (see insert). VIA THE ;Your Renewat identification Number is 513105. INTERNET DMV's Internet address is WWW DMV,CA.GOV 1[: ' please Note: If the location of your trailer has changed, you must complete the address change box on the louver part of this form and renew your registration BY MAIL. RENEW To register this vehicle,You must mail the bottom portion of this notice with a check or money order in the enclosed envelope to: DMV RENEWAL,Sacramento,GA. Do not forget any certificates or clearance it requested. Make your check or money order payable to'DMV BY MAIL. and write the license number on the back of the check. REGISTRATION'FEE VEHICLE LICENSE FEE(VLF) WEIGHT FEE 0 COUNTYIDISTRICT FEES {your county or district has requested these tees.) 2 SPECIAL PLATE FEE U FEES AND TAX INFORMATION VLF OFFSET .$5 Total Due On or Before 0513112003': $35 LATECaliftrrttia TOTAL LATE PAYMENT AFTER 05/31/03 THROUGH 06/10103 $46fii0 E RENEWAL/ does not IsIva TOTAL LATE PAYMENT AFTER 06f10/03 THROUGH: 06/30M $51 l'tdditifitQ.'per{Ott#�S wi8 PN{) a grace period. TOTAL LATE PAYMENT AFTER 06/30103 $67 be lidded ttt!!h bne ydait THIS TRAILER MUST BE REGISTERED WHETHER OR NOT IT IS USED, OCCUPIED OR MOVED OVER CALIFORNIA HIGHWAYS. DMV records show that this trailer is located at: SYLVESTER,ISLANi7 SAN JOAQUIN It this trailer is no longer at this location, please complete the box on the return part of this notice. DETACH AND MAIL -For DMV Use Only 020400 36132301040804 0003500 15131914230010 Change of Address (see back) 30000003000 0000003202 35036988 31 a 1102T C030703P02 17740 PaTTzs For DMV Use Only If trailer is kept at another address,piease;cottlpte'I,e, i,tCENS 'NUM.Bi+R NtAttE; " AD6i2ESS where trailer iskeptDN1484 AMER 211063 CITY' STATE Zip El 0513112003.:.:_: . $35 L'111 iJ ", 11fill!i!#l!l!l#!!llll,:#lCi!!!#!llll#!I!l!!l#l!!l#l!#1#ll#!#1 JENNINGS LARRY N PO BOX 27188 DMV RENEWAL CONCORD CA 94527-0188i.)1.0. BOX 942897 SACRAMENTO CA 94297-0897 204003613230104'08040003500 51t3]191423'n010300000030El0000000320 360369883'1