HomeMy WebLinkAboutMINUTES - 08211984 - T.5 7s
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 21 , 1984 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
.ABSTAIN: None
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SUBJECT: Hearing on Appeal of Orinda Area Planning Commission Denial of
Application No. 3026-84 to Amend Development Plan No. 3035-81 ,
filed by James Lucas (Applicant) and Vasco Giannini (Owner) ,
Orinda area
This being the time for hearing on the appeal filed on behalf of James Lucas
(Applicant) and Vasco Giannini (Owner) from the Orinda Area Planning Commission denial
of their request to amend Development Plan No. 3035-81 to allow use of 3,800 square
feet of first floor retail space as office space, and to increase the off-street
parking to allow 28 on-site parking stalls (55 required) , from the previous approval
of 26 on-site parking stalls (54 required).
Harvey Bragdon, Assistant Director of Planning, advised that when the Devel-
opment Plan was first approved by the Commission, variances were granted to allow the
building to be constructed as it is and subject to the condition that the ground floor
not be used for offices. He explained that offices require a greater parking ratio
than retail sales establishments. Some time later the applicant applied for an amend-
ment to the Development Plan that would allow the use of the ground floor for a real
estate office which would require additional parking spaces. The Commission denied
the request to amend the Development Plan.
The Chairman then declared the hearing open and the following persons spoke:
James Lucas, applicant, advised of the difficulties encountered in trying
to rent the first floor for retail use. Modifications to the basement and first
floor were made which increased the number of parking spaces available, thereby reduc-
ing the parking variance originally requested. He urged the Board to approve the
amended Development Plan.
Harry Miller of the Law firm of Miller, Starr and Regalia, (representing
Vasco Giannini ) also commented on his client's unsuccessful attempts in leasing
the first floor of his building to classic retail businesses. He indicated that
he interpreted the Orinda Community Business District Ordinance (CB) to permit
business offices for insurance, real estate and investment brokers in CB zoning areas.
Robert Brickell , President, Mason McDuffie Real Estate, Inc. , advised of
his interest in leasing the first floor site. He indicated that he believed a real
estate office is a retail operation since it pays revenue taxes based on gross income.
Carolyn Mills, Co-Chair of the Planning Committee of the Orinda Association,
recommended denial of the amendment for the reason that it did not conform to the
intent and purposes of the Community Business District's zoning requirements , said
purpose being to enhance retail sales and personal activities within the central
business area.
Anthony A. Dehaesus , Director of Planning, informed the Board that there
was no use permit required, that the parking situation had improved, and that the
application was to amend Condition 1 of Development Plan 3035-81 , imposed by the
Orinda Area Planning Commission, by eliminating the limitation of office use to the
second floor only, and thereby providing for office uses on both the first and second
floors.
303
All persons desiring to speak having been heard, IT IS ORDERED that
the public hearing is closed.
Board members discussed the issue and were in agreement to grant the
appeal subsequent to the preparation of appropriate findings for review by the
Board.
Therefore, the Board hereby DECLARES its intent to grant the appeal and
DIRECTS staff to develop appropriate findings for presentation to the Board.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: I
PHIL BATCH200611,Ui1, Cierk of the Board
of Supervisors and County Administrator
By SGC //Or Deputy
P y
Orig Dept: Clerk of the Board
cc: Director of Planning
Public Works Director
County Counsel
James Lucas
Vasco Gianinni
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