HomeMy WebLinkAboutMINUTES - 08201985 - T.6 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 20 1985 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson, Fanden
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: LUP 2147-84 Eugene Macedo, Owner, Byron area, Collect &
Convey Requirements
The Board on August 6, 1985 continued to this date its
hearing on the referral of the County Planning Commission of the
appeal of Eugene and Shirley Macedo (applicant/owner) of staff ' s
interpretation of the collect and convey requirments for Land Use
Permit Application 2147-84 for approval of a gas station, retail store
and garden nursery located on the Northwest corner of Byron Highway
and Taylor Lane in the Byron area.
Supervisor Torlakson reviewed some of the issues involved,
particularly the collect and convey requirement and how the
enforcement would affect the applicants in this case.
Harvey Bragdon, Assistant Director of Community Development
advised that the improvements proposed by the applicants are a service
station, storage building and a grocery. He commented that the
applicant had talked to Flood Control staff, but had apparently
misunderstood the collect and convey requirement.
Supervisor Torlakson commented that there was a need for a
convenience store and service station at that location, but although
he could understand Flood Control staff being concerned about setting
a precedent, he did not feel that concerned because this is the only
remaining parcel of land in the area with this kind of designation.
Board members discussed the pattern of flooding in the area
and the effect it has on the highway.
Mr. Macedo appeared and advised the Board that his land had
flooded in 1981 but that year was the worst storm year in a hundred
years and that the amount of runoff which would result from impervious
surface he was proposing was insignificant.
Board members discussed the Collect and Convey requirements,
the proposed updating of the general plan in the area and the need for
conformance of the general plan and the zoning.
Supervisor Torlakson moved to conform the rezoning in East
County to the general plan designation. Supervisor Powers questioned
the relevance of rezoning to the application at hand and commented
that the County is about to embark on a general plan study for the
East County Area and suggested that the study be completed first.
Supervisor Powers moved a substitute motion to defer action
and request a staff report on the proposal to bring the zoning into
conformance with the general plan for East County. The motion passed
unanimously.
Supervisor Torlakson then requested staff to prepare a
report on those areas that are designated as flood zones so that
property owners know up front before they begin their application that
the area is considered a flood area and is subject to the collect and
convey requirement.
Supervisor Torlakson commented that this is the only piece
of land in this general vicinity that is zoned commercial that is
unbilt upon and that he did not believe it would set a precedent if
the Board granted a conditional waiver of the collect and convey if it
had the assurance of the Soils Conservation Service that it would
approve the plan and do some major mitigation of flooding in that
general vicinity. Supervisor Torlakson moved the above conditional
waiver subject to other appropirate conditions as previously indicated
by staff.
IT IS BY THE BOARD ORDERED that the appeal is GRANTED
subject to the conditions attached hereto as Exhibit A.
1 hereby certify that this Is a true
an action taken and entered on the^inur..,3 of u'ie
Board of Supervir.or^ on Lho date shown.ATTESTED: S
PHIL SATCHELO Ciosk of the Board
is of Supervisors an County Administrator
t �
cc: Community Development„ ,
Public works -Flood Control x,
By Deputy
Applicant
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2147-84:
I. Development shall be generally as shown on plans submitted with the application
and dated received on July 10, 1984, as modified by the revised site plan and floor
plans dated received January 29, 1985. Development shall be subject to final
review and approval by the County Zoning Administrator prior to the issuance of a
building permit and shall be subject to the conditions listed below.
2. Prior to the issuance of a building permit, a revised landscape and irrigation plan
shall be submitted for review and approval by the County Zoning Administrator.
Landscaping and irrigation shall be. installed prior to occupancy. All approved
landscaping shall be maintained in good condition. The revised plan shall provide
as follows:
A. Expanded planter area as shown on the Staff Study dated 1/31/85.
B. Redwood inserts in perimeter fencing for north half of site.
C. Plants in corner planter next to intersection not to exceed 214 feet in height.
D. Proposed trees shall be a minimum 15 gallons in size, proposed shrubs shall be
a minimum of 5 gallons in size.
3. The design of the service station/convenience store, storage building and nursery
lath house shall be as generally shown on the plans submitted. with the application.
Prior to issuance of a building permit, elevations and examples of exterior colors
and materials for buildings and structures shall be subject to final review and
approval by the County Zoning Administrator. The type and color of exterior
materials shall be indicated on the plans submitted. The roofs and exterior walls
of the buildings shall be free of such objects as water or electric meters, air
conditioning equipment, television aerials, etc., or screened from view.
4. Lights shall not be directly visible from the street or adjacent properties. Light
standards shall be low lying and exterior lights on the building shall be deflected
so that lights shine onto applicant's property and not toward adjacent properties.
It is recommended that low-level "wash" lighting be utilized on all four sides of
this structure for security considerations. All lighting is subject to review and
approval by the County Zoning Administrator prior to the issuance of a building
permit.
5. The following freestanding signs only, shall be allowed, all subject to final review
and approval by the County Zoning Administrator.
A. One freestanding sign, approximately 30 square feet in area, having an
overall height not to exceed 25 feet.
B. Two price sign-reader board (one for each street frontage) sized to meet the
minimum dimensional requirements established by the State of California's _
price sign advertising regulations.
2147-84 pg. 2
6. All additional signs established on the site shall be of a design and material to
complement the service station building and shall conform to the standards esta-
blished by the S-2; Sign Control Combining District. Use of window signs shall be
as regulated by the standards established by the S-2 District with the further
provision that no window signs shall be placed in a manner as to block the view of
the interior of the sales area from the street.
7. Except for the referenced freestanding sign and price sign-reader boards, all signs
shall be on the permanent structures and of design and material to complement
the service station building. No signs on the premises shall be animated, rotating
or flashing. The copy of all signs shall be limited to identification of the gas
station and advertising of automobile products and services sold on the premises.
No flags, pennants, banners pinwheels or similar items shall be permitted on the
premises, with the exception of a U.S. flag and California State flag.
9. The maximum hours of operation of the convenience store shall not exceed 5:00
a.m. to 9:00 p.m., seven days per week.
10. Building permits are required for the work proposed.
11. A copy of the conditions relating to restrictions on business operations shall be
posted along side the necessary business licenses for the service station and shall
be visible at all times to the service station personnel.
12. Applicant must obtain a septic tank permit and approval of septic tank system
from the Division of Environmental Health prior to the issuance of building or
grading permits.
13. Applicant must obtain approval of an on-site well for potable water supply from
the Division of Environmental Health prior to the issuance of building or grading
permits.
14. The two .access points onto Taylor Lane shall both be designed for ingress and
egress.
15. The revised site plan shall provide for paving on northern half of site to
accommodate maneuvering of tractor-trailer units.
16. The Department of Health Services-Public Health's approval of plans is required
for any proposed retail food establishment prior to construction or installation.
Proceeding without obtaining the Department of Health Services-Public He<h's
approval can result in a financial penalty.
17. Any deviations or changes affecting the concept of the Development Plan on file
with the Department of Health Services-Public Health and dated July 10, 19849
shall be resubmitted for review to determine if such deviations or changes for the
Development Plan can be considered acceptable to the Health Officer.
18. Uncovered or unscreened outside storage is expressly prohibited. Outside storage
items shall not exceed the height of the fence. Proposed covered or screened
2147-84 pg. 3
storage areas are subject to review and approval by the County Zoning
Administrator as regards design, location and exterior building materials. No
loudspeakers or amplified music shall be permitted outside the enclosed building.
All demonstrations, displays, services and other activities shall be conducted
within the proposed structures.
19. The design and placement of service/refuse areas and utility boxes shall be
compatible to the site's overall design and landscaping and shall be subject to
review and approval by the County Zoning Administrator.
20. If archaeologic materials are uncovered during grading, trenching or other on-site
excavation, earthwork within 30 meters of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California
Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had
an opportunity to evaluate the significance of the find and suggest appropriate
mitigation measures, if they are deemed necessary.
21. Comply with the requirements of the Public Works Department as indicated in
their revised memo dated February 1, 1985, and as directed by the Board of
Supervisors at their August 20, 1985 meeting:
A. Unless exceptions are specifically granted, comply with the requirements of
Division 1006 (Road Dedication and Setbacks) of the County Ordinance Code.
This includes the following:
1) Convey to the County, by Offer of Dedication, additional right of way at
the southeast corner of the property with a 20-foot radius of return for
the planned future construction of frontage improvements and pavement
widening/construction. _
2) Install street lights on Taylor Lane and Byron Highway. The final
number and location of the lights will be determined by the County
Traffic Engineer.
3) Relinquish abutter's rights of access along Byron Highway with the
temporary exception, subject to traffic safety on or future widening of
Byron Highway, of a 30-foot wide driveway near the southeast corner of
the property.
B. The following exception to Division 1006 is permitted for this project:
1) Section 1006-2.402, "Requirements - Generally", provided a deferred
improvement agreement is executed requiring the owner(s) of the
property involved in Permit 2147-84 to:
a) Construct curb, 6-foot 6-inch sidewalk (width measured from curb
face), and necessary longitudinal and transverse drainage on Byron
Highway and Taylor Boulevard. The face of curb shall be located 10
feet from the right of way line.
2147-84 pg. 4
Construct up to a maximum of 25 feet of pavement widening along
Bryon Highway. Construct 20 feet of new pavement along Taylor
Boulevard.
b) Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Engineering Services Division (at the
time the deferred improvement agreement is called up), for review;
pay the inspection fee, plan review and applicable lighting fees.
These plans shall include any necessary traffic signing and striping
plans for review by the County Traffic Engineer.
C. In accordance with Section 82-2.014 of the County Ordinance Code, this
development shall conform to the requirements of Division 914 (Drainage) of
the Subdivision Ordinance.
D. The following exception to Division 914 is permitted for this project:
1) Section 914-2.006, "Surface Water Flowing from Subdivision", provided
the applicant maintains the existing drainage pattern and does not
dispose concentrated storm waters onto adjacent properties, and
providing the following has occurred:
a) Board of Supervisor's approval of a Kellogg Creek Flood Control and
Drainage Plan.
b) Assurance from the Soil Conservation Service that they approve the
Plan.
c) Assurance from the Flood Control District that adequate funds will
be available from the Soil Conservation Service and other entities to
completely fund the project.E.Install all new utility distribution
services underground.
F. Obtain an encroachment permit from .the Public Works Department,
Engineering Services Division, for construction of driveways or other
improvements within the right of way of Byron'Highway.
The following statements are not conditions of approval, however the applicant should
be aware of these comments prior to attempting to secure building permits.
A. Byron Fire Protection District:
Prior to issuance of a building permit, this project will be required to comply as
follows:
1. Comply with County Ordinance 83-42 (Uniform Fire Code).
2. Compliance with Title 19 CAC.
2147-84 pg. 5
I Submit construction plans for review and approval of the District prior to
construction.
4. Provide adequate water supply and pressure for fire fighting.
5. Provide all-weather access road prior to combustible construction.
6. Provide fire extinguishers; size and number to be determined by fire
authority.
7. Fire department inspection required prior to occupancy.
8. The roof must be non-cumbustible.
RHD:plp9alup
2/28/85
rev.1/22/86gms
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