HomeMy WebLinkAbout08.b. (Att. 3) Land Use Permit LP 14-2051 Page 70 of 90
CONTRA COSTA COUNTY
DEPARTMENT OF CONSERVATION AND DEVELOPMENT
COMMUNITY DEVELOPMENT DIVISION
APPROVED PERMIT
APPLICANT: Central Contra Costa APPLICATION NO.: LP14-2051
Sanitary District
5019 Imhoff Place ASSESSOR'S PARCEL NO.: 159-140-051
Martinez, CA 94553
PROJECT LOCATION: Imhoff Drive between
Grayson and Walnut
Creek
Martinez,CA
OWNER: Same as above ZONING DISTRICT: H-I
APPROVED DATE: December 21,2015
EFFECTIVE DATE: January 1,2016
This matter having not been appealed within the period of time prescribed by law, a LAND USE PERMIT to
establish a farming operation on the western 14.8 acres of the subject 33 acre site that primarily consist of row
crops, construction of a 6,048 square-foot green house, a temporary office building, and one 1,500 square-foot
shed/barn, access to the site will be provided via two gravel driveways off of Imhoff Drive and includes a
request for 30 special events per year. several variances for the site's parking lot are being requested, which
include: gravel surfacing, no parking space stripping, no landscaping and no lighting is hereby APPROVED,
subject to the attached conditions of approval.
Aruna M.Bhat
County Zoning Administrator
Telma B.Moreira
Deputy Zoning Administrator
Unless otherwise provided,THIS PERMIT WILL EXPIRE ONE(1)YEAR from the effective date if the action
allowed by this permit is not undertaken within that time.
PLEASE NOTE THE EFFECTIVE DATE,as no further notification will be sent by this office.
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FINDINGS AND CONDITIONS OF APPROVAL FOR COUNTY FILE #LP14-2051:
CENTRAL CONTRA COSTA SANITARY DISTRICT(Applicant/Owner)AS APPROVED BY
THE COUNTY ZONING ADMINISTRATOR ON DECEMBER 21, 2015.
A. Growth Management Performance Standards
1. Traffic The property's ingress and egress will be provided by two vehicular
driveways along Imhoff Drive.Imhoff Drive is a two-lane roadway with centerline
striping and intermittent unimproved shoulders. A continuous sidewalk is not
present on the southerly side of Imhoff Drive, nor is any proposed with this
project. Imhoff Drive is a local street and is not indicated on the County
Circulation Element Roadway Network Plan. The SR4 Bikeway begins
approximately 350 feet west of the project site and will not be impacted by this
project. As the project will not generate more than 100 peak-hour trips, the
applicant is not required to prepare a traffic impact report.
Per the site plan, the applicant is proposing to install a 16-foot wide semi-
circular gravel access road that intersects with Imhoff Drive at two locations.This
nearly 550-foot long access road will allow adequate space for queuing of
vehicles entering and existing the site.A 20-foot wide gravel road will then lead
from the property's frontage to a parking area where 50 spaces will be available
to the farm's employees, volunteers and guests. The project does not conflict
with applicable plans for all modes of transportation.
2. Water.The site has available water. Currently,the Contra Costa County Sanitary
District operates a Water Reuse Program approved by the California Regional
Water Quality Control Board (San Francisco Regional Water Quality Control
Board Order 96-011). Irrigation of food crops among other uses is an allowed
use of the District's recycled water. The Sanitary District's recycled water line
currently terminates at the northwestern corner of the property and will be
connected to the farm's irrigation system.
3. Santar�Sewer. The farm project will be providing porta potty restroom facilities
for their employees, volunteers and visitors. According to the County Health
Services, Environmental Health Department, the use of porta potties will be
acceptable given the low intensity of use and given that the toilets are serviced
by a licensed contractor. Any future land uses and improvements which can
significantly intensify the use of the property would require additional review
and approval.Therefore, given the scope of the project,there will be no need to
extend sanitary service to the subject property as a result of this project.
4. Fire Protectiorr. The project will not significantly increase the demand for fire
protection services. Allowing the applicant to farm a 14.8-acre portion of the
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subject site will not introduce any uses which are inherently high fire risks.
Furthermore, compliance with the applicable fire codes and regulations
suggests that the project will be established in a safe manner. Therefore, the
project is not expected to negatively affect current fire protection service ratios
or response times.
5. Pubfic Protection. The project will not significantly increase the demand for
police service facilities, as the project will not add housing/population to the
area. The addition of a farming operation to the property will not drastically
change the character of the site or area. No new uses (e.g., alcohol sales) are
proposed which will pose a need for an increased police presence at the site or
in the general area.
6. Parks & Recreation. The project will not increase the demand for parks or
recreation facilities, as the project will not increase the housing stock in the
County.
7. Flood Control & Draf e. In 2011, the applicant received a grading permit
which allowed the importation of 240,000 cubic-yards of "clean soil" to the
subject site. The project raised the site's base elevation approximately 6 feet in
height.As a result,the site's elevation is now level with Imhoff Drive and outside
of Flood Zone A. A Letter of Map Amendment has been recorded with the
Federal Emergency Management Agency documenting the site's status of being
removed from flood zone status. Consequently, no new structures are proposed
to be constructed in a special flood hazard zone. Additionally, the project is
proposing less than 10,000 square-feet of new impervious surface, which
qualifies the project for an exemption to the County's C.3 requirements.
Therefore, the project is not expected to negatively affect any flood control or
drainage features near the site or area in general.
B. Land Use Permit Findings
1. The proposed project shall not be detrimental to the health, safety and general
welfare of the County.
Finding: Establishment of the 14.8 acre farm within a Heavy Industrial Zoning
District is an allowed use with the issuance of a land use permit. Besides the
introduction of row-crops, the project also includes construction of a 6,048
square-foot greenhouse, 1,500 square-foot barn, and re-purposing of a cargo
container as an office. Per the site plan, each element of the farming operation
meets all required setback requirements. Additionally, the Health Services
Department, Department of Public Works, Fire District, as well as, the Airport
Land Use Commission have all commented on the project and have not
identified any issues of concern. Therefore, allowing the applicant an
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opportunity to establish an agricultural operation on a vacant piece of property
will not be detrimental to the health, safety and general welfare of the County.
2. The proposed project shall not adversely affect the orderly development within
the County or the community.
Findina: Each of the site's contiguous properties is currently developed.
Specifically, the property to the south is developed with the Buchanan Field
Airport. As such, the Airport Land Use Commission (ALUC) has reviewed the
farm project and has found the project to be consistent with the Contra Costa
Airport Land Use Compatibility Plan. Specific conditions of approval have been
added to this permit to ensure all safety precautions are implemented within the
various airport safety zones which transect the property. Furthermore, the
project will meet all necessary setbacks and development standards of the
Heavy Industrial Zoning District.Ample off-street parking is available on-site,as
well as, utilities and convenient site access from Imhoff Drive. Therefore, the
project is not expected to conflict with any existing or potential uses of
surrounding properties or area in general.
3. The proposed project shall not adversely affect the preservation of property
values and the protection of the tax base within the County.
Finding:The project, as conditioned,will not adversely affect the preservation of
property values and the protection of the tax base within the County. The
approval of this land use permit is expected to increase the value of a parcel
which has been vacant and underutilized for many years.In fact,approval of the
project is expected to have a positive effect on the County's tax base by
supporting a new agricultural operation which will add jobs and residual
business to vendors who will support the farm.
4. The proposed project as conditioned shall not adversely affect the policy and
goals as set by the General Plan.
Finding:A small scale farming operation is allowed in the Public and Semi-Public
land use designation upon issuance of a land use permit. The conditions of
approval for this project provide appropriate measures to insure the operation
will remain compatible with the uses in the surrounding area (e.g., land use
permit modification approval required prior to significant expansion or change
in character). Additionally, the project site is just north of Highway 4 which is
designated as a scenic highway in the General Plan. Specific conditions of
approval addressing the project's aesthetics (signage, building height and paint
color) have been added to ensure the farm will not diminish the visual quality of
the scenic corridor.Therefore, as conditioned, the project is consistent with the
goals and policies in the County 2005-2020 General Plan.
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5. The proposed project shall not create a nuisance and/or enforcement problem
within the neighborhood or community.
Finding:A 6—8 foot tall fence will be placed at the farm's boundaries.The fence
will double as a security measure and means of keeping undesired animals from
accessing the crops. During harvest season overnight security personnel may be
stationed at the site (not to be established as living on the premises).
Additionally, low wattage trip lights may be placed around the farm as an
additionally security measure. As conditioned, the lights are required to be
aimed downward.The conditions of approval require that the site be maintained
in an orderly manner at all times. Each of the affected County agencies has
provided comments on the proposed operation and no concerns have been
raised. Therefore, the project, as conditioned, will not create a nuisance and/or
enforcement problem at the subject site or within the overall community.
6. The proposed project as conditioned shall not encourage marginal development
within the neighborhood.
Findin :The farming operation will not encourage marginal development Rather,
development is controlled by zoning,the General Plan,and physical constraints.
The agricultural operation is similar to many other farms in the County. No
evidence has been submitted that suggests the project would require an
increased police presence at the site or area. Furthermore, the project doesn't
include the sale of alcohol or other products which may cause law enforcement
issues. Therefore, approval of this land use permit will 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.
Finding: The subject site is 33 acres in size and can easily accommodate the
proposed 14.8-acre farm. Off-street parking locations and buildings all comply
with the Heavy Industrial Zoning District setback requirements and development
standards.Access is provided via two dirt/gravel driveways located off of Imhoff
Drive and will be secured by two metal gates and a 6 — 8 foot tall fence. A
negligible amount of new impervious surface is proposed due to the
construction of a green house, barn and cargo container/office.Additionally,the
property currently has the necessary utilities (water and electricity), which
negates the need for major ground disturbance to install new services.
Therefore,the project will not significantly alter the characteristics of the site or
area in general.
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C. Variance Findings
1. That any variance authorized shall not constitute a grant of special privilege
inconsistent with the limitations with other property in the vicinity and in the
respective land use district in which the subject property is located.
Finding: Approval for a dirt/gravel parking lot where a paved parking lot is
required would not constitute a grant of special privilege. The Zoning
Administrator has approved numerous land use permits that allow for unpaved
parking for similar agricultural operations. Other parking related variance
requests include: no parking space stripping, no landscaping nor lighting for the
parking lot. These elements are also typical of agricultural parking lots and will
be consistent with other agricultural properties in the County.
2. That because of special circumstances applicable to the subject property,
because of its size, shape, topography or surroundings, the strict application of
the respective zoning regulations is found to deprive the subject property of
rights enjoyed by other properties in the vicinity and within the identical land
use district.
Finding: The proposed project is to establish a moderately sized farming
operation on a vacant parcel surrounded by industrial uses. Within the County,
many farming operations opt for dirt/gravel parking lots and drive aisles. It is
expected that the farm will primarily generate "fair weather" visits by guests
which will limit the exposure of pedestrians to a dirt/gravel parking situation.
Additionally, due to the limited amount of new impervious surfaces, the Public
Works Department has granted the applicant an exemption from the Collect and
Convey requirements for the site's rainwater runoff. This action suggests that
site's drainage is not a concern.The site's gravel parking lot will adequately meet
the parking needs of the project and be in keeping with other uses in the area.
3. That any variance authorized shall substantially meet the intent and purpose of
the respective land use district in which the subject property is located.
Finding The parking lot design does not include paving, lighting, landscaping or
striping. These items require variance approval from the County Off-Street
Parking Ordinance. Non-lit, gravel parking lots on agricultural properties are
common-place and are normal for uses which typically operate during the
daylight hours. To add, the Off-Street Parking Ordinance was primarily written
for urban commercial parking lots, which need to be available throughout the
year. Given that the project includes a total of 100 parking spaces (50 overflow
parking spaces included), the proposal substantially meets the intent and
purpose of the respective land use district and the site's intended use of a farm.
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CONDITIONS OF APPROVAL
Zoning Administrator Review
1. Development is approved as generally described in the application materials
received by the Department of Conservation and Development/Community
Development Division (CDD) on August 18, 2015, and subject to the conditions
below.
Variance Approval
2. Approval of a dirt/gravel parking lot where a paved parking lot is required is
granted.
Approval of no parking space stripping, no landscaping, and no lighting for the
parking lot is also granted whereas these items are otherwise required.
Compliance Report Required Prior to Issuance of a Building Permit or Initiation of
Use.
3. Prior to the issuance of a building permit or initiation of use,whichever occurs
first,the applicant shall submit a report addressing compliance with the conditions
of approval for review and approval of CDD staff. The report shall list each
condition followed by a description of what the applicant has provided as evidence
of compliance with that condition. Unless otherwise indicated,the applicant will be
required to demonstrate compliance with the conditions of this report prior to
issuance of construction permits or initiation of use. CDD staff may reject the report
if it is not comprehensive with respect to applicable requirements for the requested
action. The deposit for review of the Compliance Report is $500.00; the actual fee
shall be time and materials.
4. The applicant shall be allowed to begin farming activities prior to requesting
building permits for approved structures or buildings,given that all other applicable
conditions of approval have been satisfied.
Hours of Operation
5. Hours of operation for the farm are limited to daylight hours, except for special
events. Special events may extend into non-daylight hours.
Special Events
6. Educational events and special events which are related to agricultural/educational
purposes, are permitted under this permit(e.g., no space rental for birthday parties,
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weddings or non-agricultural related commercial events). Any proposed non-
farming related events must be reviewed for consideration and approval of the
Zoning Administrator prior to commencement. After review and consideration a
land use permit amendment may be required.
7. Employees, volunteers, and patrons of each special event are prohibited from
obstructing traffic along any right-of-way unless expressly authorized by the Public
Works Department.
8. Delivery trucks or other equipment are prohibited from obstructing through traffic
along any public roadway while loading or unloading equipment, unless expressly
authorized by the Public Works Department.
9. Prior to the event, the applicant shall obtain all the necessary permits (e.g., Health
Department permits, Fire District permits, Public Works,Sheriff Department,etc.)for
the event.
10. Applicant shall provide a minimum of two parking attendants along Imhoff Drive in
order to direct traffic and avoid obstruction of the public right-of-way where
attendance is expected above fifty vehicles.
11. Events shall not generate or emit any noise or sound that exceeds any of the levels
in the table below,when measured at the habitable space of any adjacent property.
The noise generated or emitted shall not exceed the levels specified in the table for
the duration of time specified in the table. Exterior noise levels shall be measured
with a sound level meter if necessary.
Allowable Exterior Noise Levels
Cumulative Duration of Noise 9 a.m. - 8 p.m. 8 p.m. - 10 p.m.
30 minutes per hour 60 dBA 55 dBA
15 minutes per hour 160 dBA
5 minutes per hour 70 dBA 65 dBA
1 minute per hour 75 dBA 70 dBA
Level not to be exceeded at any time 80 dBA 'T5 dBA
12. The applicant shall ensure that all trash, rubbish, and similar wastes are kept in
containers within the designated event area, and then disposed of in a proper
manner.
13. The applicant shall ensure that the site is returned to its pre-existing and orderly
condition once the event has ended.
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General
14. No sale or lease of outdoor advertising space is allowed with this permit (e.g., only
farm identification is allowed). Limited amounts of indoor/outdoor space (e.g.,
booths, pamphlets, kiosks) is allowed to showcase sustainable farming, Central
Contra Costa Sanitary District, recycled water, partnering businesses and their
products etc.
15. A 6 - 8 foot chain-linked and/or wood fence is allowed to be installed at the
perimeter of the farm's lease area. No barbed-wire hoops or angled extensions are
allowed. At a minimum, the fence shall be installed between the farm area and
Runway Protection Zone (RPZ) prior to initiation of farming,activities (erosion
control plantings excluded).
16. The applicant shall provide a trash enclosure(s)which are screened from public view
and that are serviced regularly.
17. The applicant shall have an appropriate quantity of absorbent material available at
all times to respond to any accidental spills or equipment failures (e.g., tracker
hydraulic line breakage). Any accidental spill shall be cleaned as soon as possible.
18. No alcohol sales and/or storage are permitted with this permit. A land use permit
modification review and approval is required prior to alcohol sales and/or storage
at the subject property.
19. The farming operation may sell products produced on-site directly to the public.
Additionally, up to 20 percent of counter space may be available for the sale of
value-added products that are closely related to the agriculture business that are
not produced on-site.
20. No petroleum products or tobacco shall be sold or dispensed at the subject
property.
21. 30-days prior to submittal of a building permit to locate the cargo container/office
on the subject property, the applicant shall provide CDD staff elevations reflecting
architectural elements which when installed resemble a stick built building (e.g.,
siding, pitched roof, windows and doors). Within 30-days of completion of the
construction,the applicant shall submit as-built photos to CDD staff for review and
approval.
22. Renting of space to contractors for storage of construction equipment is not
allowed with this permit.
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Aesthetics
23. All new buildings and structures shall have a height limit of 30 feet above-ground-
level. (Mitigation Measure AES-1)
24. 30-days prior to applying for building permits for structures or buildings, the
applicant shall submit complete building/structure elevations for the review and
approval of CDD staff. (Mitigation Measure AES-2)
25. 30-days prior to applying for building permits for farm identification,the applicant
shall submit a complete sign program for review and approval of CDD staff.
(Mitigation Measure AES-3)
26. All buildings and structures shall be painted earth tone colors (e.g., red paint for
barn structures is prohibited). Within 30-days of construction completion, the
applicant shall provide CDD staff with as-built photographs for review and approval.
(Mitigation Measure AES-4)
27. 30-days prior to the issuance of a building permit, the applicant shall submit for
review and approval of CDD staff a Lighting Plan. Exterior lights on the buildings
shall be deflected downward and hooded so that lights shine onto applicant's
property and not toward adjacent properties. Security trip lighting shall not be
aimed upward. (Mitigation Measure AES-5)
28. Exterior lighting fixtures shall be designed to minimize glare and the direct view of
light sources as seen from adjacent properties. No lighting shall blink,flash or be of
unusually high intensity or brightness.
29. Lighting shall be attached to buildings and directed downwards other than ground-
level trip lighting. Free standing light poles and/or tall lighting fixtures are not
allowed.
30. No internal illumination of any sign is allowed.
Air Quality
31. Consistent with the Best Management Practices required by the Bay Area Air Quality
Management District (BAAQMD), the following actions shall be incorporated into
construction contracts if required and specifications for the project:
• All haul trucks transporting soil, sand,or other loose material off-site shall be
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covered.
• All vehicle speeds on unpaved roads shall be limited to 15 mph.
• Building pads shall be laid as soon as possible after grading unless seeding
or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 13,Section 2485 of California
Code of Regulations (CCR)).
• All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications.
• A publicly visible sign shall be posted with the telephone number and
contact information for the designated on-site construction manager
available to receive and respond to dust complaints.This person shall report
all complaints to Contra Costa County and take immediate corrective action
as soon as practical but not more than 48 hours after the complaint is
received. The BAAQMD's phone number shall also be visible to ensure
compliance with applicable regulations. (Mitigation Measure AIR-1)
Biology
32. Preconstruction surveys for burrowing owls and implementation of impact
avoidance measures,to include discouraging owl nesting or elimination of ground
squirrel burrows.
A pre-construction survey for burrowing owl burrows would assure that injury or
harm to this species does not occur. The survey shall be conducted within thirty
days prior to commencement of ground disturbance.The burrow survey consists of
walking through suitable habitat over the entire project site and in areas within 150
meters of the project impact zone. Survey transects spaced no more than 30 meters
between transect centerlines will be used. If the surveying biologist identifies an
active burrow, the biologist will establish a 250-foot diameter buffer around the
burrow and implement passive relocation techniques in accordance with the
California Department of Fish & Wildlife guidelines.
There are two approaches to impact avoidance or prevention of"Incidental Take"of
burrowing owls.The first is to discourage use of the construction site.The second, if
owls are using the site, destroy the ground squirrel burrows while the owls are
absent.
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Discouraging owl use of the site:
1) Destroy the ground squirrel burrows, while the owls are not present, by
disking or plowing.
2) Remove ground squirrels by fumigating burrows, using anticoagulants,
trapping etc., all when owls are not observed using the site.
During owl's non-breeding season (Sept. 1 to Jan. 31), owl eviction from burrows
with the assistance of the Department of Fish and Wildlife could occur. During the
breeding season (Feb. 1 to Aug. 31), no disturbance to owls or their burrows shall
occur until fledglings are able to survive on their own. Once this occurs,the burrow
can be destroyed. With the implementation of the above described mitigation
measure, the project is anticipated to have a less than significant impact on
biological resources. (Mitigation Measure 13I0-1)
Cultural
33. Stop work and conduct an evaluation of accidental discovery of human remains or
find.
Section 7050.5 of the California Health and Safety Code states that in the event of
discovery or recognition of any human remains in any location other than a
dedicated cemetery, there shall be no further excavation or disturbance of the site
or any nearby area reasonably suspected to overlie adjacent remains until the
coroner of the county in which the human remains are discovered has determined
whether or not the remains are subject to the coroner's authority.
If human remains are encountered, work should halt within 50-feet of the find and
the County Coroner notified immediately. At the same time, an archaeologist
should be contacted to evaluate the situation. If the human remains are of Native
American origin, the Coroner must notify the Native American Heritage
Commission within 24 hours of this identification. The Native American Heritage
Commission will identify a Native American Most Likely Descendant to inspect the
site and provide recommendations for the proper treatment of the remains and
associated grave goods. (Mitigation Measure CULTURAL-1)
Geology
34. 30-days prior to applying for building permits (ancillary structures, signage, and
other non-occupied structures excluded),the applicant shall submit for review and
approval of CDD staff and the County Geologist a geotechnical report addressing
the site specific soil conditions and engineering recommendations for the design of
building foundations. (GEO-1)
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Safety
35. General
a) Applicant shall submit full sets of plans (at minimum, site plan and building
elevations displaying height of proposed objects in relation to FAR Part 77
approach and transitional surfaces from ground and mean sea level) for future
buildings and/or structures to the Airport Land Use Commission (ALUC) for review
prior to applying for building permits.
b) Applicant shall implement the proposed project in accordance with the "CoCo
Sustainable Urban Farm Term Sheet," received and accepted by the ALUC on May
21, 2015.
c) Applicant shall provide an annual condition of approval compliance review report
to the Department of Conservation and Development,which shall be referred to the
ALUC.The initial report shall be submitted no later than April 1St after the one-year
anniversary of the effective date of County File LP14-2051.
Safety Zone 2
d) All persons attending educational classes and demonstrations conducted within
Safety Zone 2 shall be provided an overview of safety and the proximity of the
airport. Classes shall be limited to a dozen participants per teacher.
e) Signage shall be installed between Safety Zone 2 and Safety Zone 4, which states
that "All children must be accompanied by a teacher or farm personnel."
f) The farm project is allowed educational kiosks to be displayed that include
information about Buchanan Fields Airport.
g) All crops will conform and follow a certified Wildlife Management and Pest
Management Plan, prepared by a suitable professional. Mitigation measures to
control and maintain populations below those currently observed in 2015 will be
escalated if pests are observed on the farm. The Wildlife Management and Pest
Management Plan shall include at a minimum measures for disrupting wildlife
infiltration, preventative measures, and suitable inspection schedules.
h) All low suitability crops shall be confined to the Greenhouse in Safety Zone 4.
i) Only Field Crops (both moderately suitable and highly suitable) as noted in the
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CoCo San Sustainable Term Sheet shall be allowed. Deviations will only be allowed
with an appropriate expert's approval that any newly proposed crops are
moderately or highly suitable for cultivation near airports.
j) Aboveground bulk storage of hazardous materials is prohibited with the exception
of up to 2,000 gallons of non-aviation flammable materials.
Safety Zone 4
k) Land use intensity is not limited other than that buildings shall have no more than
four habitable floors above ground.
1) Above ground storage of more than 2,000 gallons of fuel or other hazardous
materials is prohibited. (Mitigation Measure SAFETY-1)
General
36. Minor modifications to the approved uses at the subject site may be allowed upon
review and approval of a Condition of Approval Compliance Review(CV)application
($500 initial deposit).A land use permit modification application and approval may
be required if CDD staff determines the proposed change in use, due to its scope
and or location may require additional agency review (e.g., Health Services
Department, Fire Department, Airport Land Use Commission and/or Public Works
Department).
37. The site shall be maintained in an orderly manner at all times as to not create a
nuisance to adjacent properties or area in general.
38. The conditions contained herein shall be accepted by the applicant, their agents,
lessees, survivors or successors for continuing obligation.
Indemnification
39. At least 30 days prior to the issuance of a building permit or establishment of the
approved use, whichever occurs first, the applicant shall execute an indemnity
agreement with the County in a form acceptable to the Department of
Conservation and Development, Community Development Division indicating that
the applicant shall defend, indemnify, and hold harmless Contra Costa County, its
agents, officers, or employees, to attack, set aside, void or annul, the County's
approval of this land use permit. The County will promptly notify the applicant of
any claim, action or proceeding and cooperate fully in defense.
Noise
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40. Contractor and/or developer shall comply with the following noise control requirements.All
requirements shall be printed on the face of development plans.
• The project sponsor shall require their contractor and subcontractors to fit all
internal combustion engines with mufflers which are in good condition.
• Transporting of heavy equipment and trucks shall be limited to weekdays between
the hours of 8:00 A.M.and 4:00 P.M.and prohibited on Federal and State Holidays.
• All construction activities shall be limited to the hours of 8:00 A.M. to 5:30
P.M., Monday through Friday, and shall be prohibited on state and federal
holidays on the calendar dates these holidays are observed. (Mitigation
Measure NOISE-1)
Work Restrictions
41. The applicant shall make a good faith effort to minimize project-related disruptions
to adjacent properties, and to uses on the site. This shall be communicated to all
project-related contractors.
42. The project sponsor shall require their contractors and subcontractors to locate
stationary noise-generating equipment such as air compressors as far away from
adjacent uses as possible.
43. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
44. Non-emergency maintenance and construction activities are restricted to the hours
of 8:00 A.M.to 5:30 P.M., Monday through Friday, and shall be prohibited on State
and Federal holidays on the calendar dates that these holidays are observed by the
State or Federal government as listed below:
New Year's Day (state and federal)
Birthday of Martin Luther King, Jr. (state and federal)
Washington's Birthday (federal)
Lincoln's Birthday (state)
President's Day (state and federal)
Cesar Chavez Day (state)
Memorial Day (state and federal)
Independence Day (state and federal)
Labor Day (state and federal)
Columbus Day (state and federal)
Veterans Day (state and federal)
Thanksgiving Day (state and federal)
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Day after Thanksgiving (state)
Christmas Day (state and federal)
For details on the actual day the state and federal holidays occur, please
visit the following websites:
Federal Holidays:
http://www.calendar-12.com/Federal holidays/2015
California Holidays:
http://www.sos.ca.aov/holidays.htm
Application Costs
45. This application is subject to an initial application deposit of $2,700.00 which was
paid with the application submittal, plus time and material costs if the application
review expenses exceed 100% of the initial deposit. Any additional costs due
must be paid within 60 days of the permit effective date or prior to use of the
permit, whichever occurs first. The applicant may obtain current costs by
contacting the project planner. If you owe additional fees, a bill will be sent to you
shortly after permit issuance.
PUBLIC WORKS RECOMMENDED
CONDITIONS OF APPROVAL FOR PERMIT LP14-2051
Applicant shall comply with the requirements of Title 8, Title 9 and Title 10 of the
County Ordinance Code.Any exception(s) must be stipulated in these Conditions of
Approval.Conditions of Approval are based on the revised project description dated
August 18, 2015, as submitted to Department of Conservation and Development,
Community Development Division.
COMPY WITH THE FOLLOWING CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF
A BUILDING PERMIT AND PRIOR TO INITITATION OF THE USE PROPOSED UNDER
THIS PERMIT.
General Requirements
46. Improvement plans prepared by a registered civil engineer shall be submitted, if
necessary, to the Public Works Department, Engineering Services Division, along
with review and inspection fees, and security for all improvements required by the
County Ordinance Code for the conditions of approval of this land use permit.Any
necessary traffic signing and striping shall be included in the improvement plans for
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review by the Transportation Engineering Division of the Public Works Department.
Roadway Improvements (Frontage/Off-Site)
47. Applicant shall construct a street type connection with 30-foot radii pavement returns in-
lieu of standard driveway depressions at the driveway entrance on Imhoff Drive.
48. Safety related signage shall be installed along Imhoff Drive, per the latest edition of
the California Manual of Uniform Traffic Control Devices, if deemed necessary by
the County Traffic Engineer.
49. Applicant shall locate any vehicular entrance gates a minimum 40 feet from the
edge of pavement to allow vehicles to queue without obstructing through traffic.
Sufficient area shall be provided outside any gate to allow a vehicle to turn around
and re-enter Imhoff Drive in a forward direction.
50. Applicant shall pave the first 100 feet of the access driveway, measured from the
existing edge of pavement of Imhoff Drive into the property, to allow vehicles to
pull completely off of the roadway and still remain on a paved surface, and to
prevent dust, gravel and debris from spilling onto Imhoff Drive.
Access to Adjoining Property
Proof of Access
51. Applicant shall furnish proof to the Public Works Department of the acquisition of
all necessary rights-of-way, rights-of-entry, permits and/or easements for the
construction of off-site, temporary or permanent, public and private road and
drainage improvements.
Encroachment Permit
52. Applicant shall obtain an encroachment permit from the Application and Permit
Center, if necessary,for construction of driveways or other improvements within the
right-of-way of Imhoff Drive.
Site Access
53. Applicant shall only be permitted access to Imhoff Drive at the location to be
approved by the County Traffic Engineer site/development plan.
Road Alignment/Intersection Design/Sight Distance
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s
54. Applicant shall provide sight distance at the on-site driveways and Imhoff Drive for
a design speed of 60 miles per hour. The applicant shall trim vegetation, as
necessary,to provide sight distance at these driveways.Any new landscaping, signs,
fencing, retaining walls, or other obstructions proposed at the driveways shall be
setback to ensure that the sight lines are clear.
Drainage Improvements
55. The applicant shall collect and convey all stormwater entering and/or originating on
this property,without diversion and within an adequate storm drainage system,to
an adequate natural watercourse having definable bed and banks, or to an existing
adequate public storm drainage system which conveys the storm water to an
adequate natural watercourse, in accordance with Division 914 of the County
Ordinance Code. -
Miscellaneous Drainage Requirements
56. The applicant shall submit site grading and drainage plans for Public Works' review
to verify the existing drainage pattern is maintained and concentrated storm
drainage is not discharged onto adjacent property.
57. The applicant shall design and construct all storm drainage facilities in compliance
with the County Ordinance Code and Public Works Department design standards.
58. Applicant shall prevent storm drainage from draining across driveways in a
concentrated manner.
59. Prior to the issuance of a grading permit, applicant shall submit grading and
drainage plans to the Flood Control District for review and comments.If any of the
work will impact Flood Control District's rights of way,applicant shall obtain a Flood
Control encroachment permit.
National Pollutant Discharge Elimination System (NPDES)
60. The applicant shall be required to comply with all rules, regulations and procedures
of the National Pollution Discharge Elimination System (NPDES) for municipal,
construction and industrial activities, as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay— Region II).
Stormwater Management and Discharge Control Ordinance
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61. The applicant will not be subject to the requirements of Provision "C.3" of the
County Stormwater Management and Discharge Control Ordinance, since the
proposed project will not create or replace at least 10,000 square feet of impervious
surface. However, this project is subject to all other provisions of the County
Stormwater Management and Discharge Control Ordinance (Section 1014,
Ordinance No. 2005-01) and future development applications on the subject parcel
may be required to comply with Provision "C.3".
ADVISORY NOTES
ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE
NOT A PART OF THE CONDITIONS OF APPROVAL.ADVISORY NOTES ARE PROVIDED
FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL ORDINANCES
AND OTHER LEGAL REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED
WITH DEVELOPMENT.
A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS,
RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS
PERMIT.
This notice is intended to advise the applicant that pursuant to Government Code
Section 66000, et seq.,the applicant has the opportunity to protest fees, dedications,
reservations, and/or exactions required as part of this project approval. The
opportunity to protest is limited to a ninety-day (90) period after the project is
approved.
The 90-day period in which you may protest the amount of any fee or imposition of
any dedication, reservation, or other exaction required by this approved permit,
begins on the date this permit was approved.
To be valid, a protest must be in writing pursuant to Government Code Section 66020
and delivered to the Department of Conservation and Development within 90-days of
the approval date of this permit.
B. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Martinez Area of Benefit, as adopted by
the Board of Supervisors.
C. This project may be subject to the requirements of the Department of Fish and
Wildlife. It is the applicant's responsibility to notify the Department of Fish and
Wildlife, P.O. Box 47,Yountville, California 94599, of any proposed construction within
this development that may affect any fish and wildlife resources, per the Fish and
Wildlife Code.
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D. The project may be subject to the requirements of the Army Corps of Engineers.It is
the applicant's responsibility to notify the appropriate district of the Corps of
Engineers to determine if a permit is required, and if it can be obtained.
E. Further development of the parcel may need to comply with the latest Stormwater
Management and Discharge Control Ordinance (section1014)and Municipal Separate
Storm Sewer System (MS4) National Pollutant Discharge Elimination System(NPDES)
Permit. This compliance may require a Stormwater Control Plan and an Operations
and Maintenance Plan prepared in accordance with the latest edition of the
Stormwater C.3 Guidebook. Compliance may also require annexation of the subject
property into the Community Facilities District 2007-1 (Stormwater Management
Facilities) and entering into a standard Stormwater Management Facilities Operation
and Maintenance Agreement with Contra Costa County.
F. Prior to applying for a building permit, the applicant is strongly encouraged to
contact the Contra Costa County Fire Protection District to determine if additional
requirements and/or additional permits are required as part of the proposed project.
G. The applicant must comply with all applicable local, state, and federal laws.
H. The applicant shall comply with the Outdoor Advertising Ordinance (Chapter 88-6).
Specifically, County Code Section 88-6.812 prohibits signage in the public right-of-
way (e.g., utility poles and at intersections).
I. Additional insurance may be required by your insurance provider, it is advisable to
contact your insurance provider to any scheduled events to ascertain if additional
coverage is required.
G.\Current Plan ning\curr-plan\Staff Reports\Land Use Perm its\LP14-2051\LP14-2051 COA 12-21-15.doc
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RECEIVED
JAN 12 2016
PLtiwNING AND
DEVELOPMENT SERVICES
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