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HomeMy WebLinkAboutMINUTES - 09251990 - 2.4 2.4 To.: BOARD OF SUPERVISORS fContra Costa FROM: Harvey E. Bragdon - Director of Community Development Com DATE: July 17, 1990 SUBJECT: Hearing on appeal of Land Use Permit 12117-88, to establish an outdoo recreation facility, including miniature golf course, go-carts track and batting cages among other uses, on seven acres of a larger 73 .4 acre parcel, fronting for 2,426 feet along the north side of State Highway 4 and Bixler Road, in the Byron area, filed by Lucia Albers (Applicant & Owner) (APN 011-190-029) . I SPECIFIC REQUEST(S) OR RECONMENDATIONS(S) i BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Accept the environmental documentation prepared for this project as being adequate. 2. Deny the appeals of Mr. Eugene A. Leyba, representing surrounding property owners and Mr. David L. Preiss, attorney representing the applicant/owner, Mrs. Lucia Albers, and uphold the decision of the East County Regional Planning Commission to approve the project, subject to the attached conditions of approval. BACKGROUND/REASONS FOR RECOMMENDATIONS This land use permit had numerous hearings before the County Zoning Administrator. On January 8, 1990, the Zoning Administrator approved LUP 2117-88 with conditions. The approval of the Zoning Administrator was appealed by neighbors and two of the conditions of approval were appealed by the applicant. On May 21, 1990, the East County Regional Planning Commiswioa�, acting as Board of Appeals, upheld the Zoning Administravor'.s' decision and approved Land Use Permit 2117-88 with revised conditions of approval. Subsequently, the East County Regional Planning Commission's decision was appealed by the neighbors and a portion of the conditions of approval were appealed by the applicant/owner. CONTINUED ON ATTACHMENT: YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECO AT OF COMMITTE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON (;ppt-pmhpr ?c; . 1 9 0 APPROVED AS RECONDIENDED OTHER X On August 21, 1990, the Board of Supervisors deferred to this date the decision on the appeals of Lucia Albers and Eugene A. Leyba, et al from the decision of the East County Regional Planning Commission on the request by Lucia Albers (applicant and owner) to establish an outdoor recreation facility, including miniature golf, go-carts, and batting cages on 7 acres of a larger 73. 4 acre parcel (LUP 2117-88) in the Byron area. Supervisor Torlakson commented on conditions that had been developed by Community Development Department and the Public Works Department and he commented on his reservations on issues including a special tax area for police services, master planning for the area, drainage, and traffic and he moved to deny the appeal and the project. Supervisor McPeak commented that the proposed conditions appeared to address concerns that had been raised. 1. Supervisor Torlakson commented that the conditions did not give protection to the people who had bought into an agricultural ranchette area, and did not address the well water supply issue. Supervisor McPeak offered a substitute motion for approval with the additional conditions that had been submitted and to add participation in a special tax area for police services and provision of adequate security guards approved by the Sheriff , and provision of an alternate access to Highway 4 for safe pedestrian and bicycle ingress and egress, and demonstration of no detrimental impacts on the surrounding wells. Mike Walford, Public Works Department, commented on item F-4 on his memo to the Board dated August 20, 1990 relative to access. Supervisor Schroder seconded the motion commenting on the appropriateness of the location for this type of facility and the mitigation of the concerns. Supervisor Torlakson advised that he would be voting against the motion and responded to comments on the land use issue. Supervisor McPeak suggested that the department and the applicant have an oversight committee on design for this project. IT IS BY THE BOARD ORDERED that recommendation 1 is APPROVED; and Land Use Permit 2117-88 is APPROVED with conditions as amended (Exhibit A attached) . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AygS: I, III, IV, II NOES: V ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED September 25, 1990 Lucia Albers PHIL BATCHELOR, CLERK OF David Preiss THE BOARD OF SUPERVISORS Eugene Leyba COUNTY ADMINISTRATOR County Counsel Public Works-Steve Wright BY . DEPUTY Assessor Byron Fire Protection District CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2117-88 1. This applicant for a land use permit to establish an outdoor recreational facility is approved based on the tentative plans submitted to the Community Development Department on February 28, 1989 and subject to meeting the following conditions. 2. The applicant shall meet the water supply and sewage disposal requirements of the Environmental Health Department. Applicant shall provide information to demonstrate that the proposed use will have no detrimental impact on existing wells in the area. This report shall be subject to the review and approval of the Environmental Health Department. 3. A landscaping plan meeting the county water conservation requirements shall be submitted to the Community Development Department for approval by the Zoning Administrator. 4. The applicant shall submit a complete set of plans by a registered engineer or architect, showing the floor plans and elevations of all of the proposed structures on the property. 5. All peripheral boundaries of the property shall be fenced. Those boundaries abutting residential developed or developing properties must consist of solid construction materials designed to reduce noise to acceptable standards for residential areas. Prior to issuance of building permits, the applicant shall submit a noise attenuation study for selection of fencing materials shall be subject to final review and approval by the Zoning Administrator. In addition, the final fencing design shall be approved by the Zoning Administrator. 6. Exterior lighting for the recreational facility shall consist of a low level non-glare type. All exterior lights must be deflected to shine from adjacent properties. 7. Planned parking spaces shall conform to the county's parking ordinance and shall be constructed of all weather surface materials. 8. Should archaeological materials be uncovered during grading,trenching or other on-site excavations, earthwork within 30 yards of these materials shall be stopped until a professional archaeologist who is certified by the Society for California Archaeology (CA) and/or the Society of Pofessional Archaeology (SOPA) has had the opportunity to evaluate the significance of the find and suggest appropriate mitigations, if deemed necessary. 9. The building roofs shall be free of all objects such as air conditioning equipment, antennae, aerials, etc. unless authorized by the Community Development Department. 1 EW�IJIDIff a 10. No outdoor storage will be permitted unless authorized by this permit and adequately screened from the roadway as well as the view of adjacent properties. 11 . Future expansion of the recreational facility shall be subject to review and approval of the Zoning Administrator. 12. The developer shall locate trash enclosures such that commercial dumpsters are not stored or placed within 5 feet of combustible walls, openings or combustible roof eave lines. 13. Accessory signs are subject to the review andapproval of the Zoning Administrator. 14. The undeveloped area of the site is to be kept clean and in an orderly fashion. 15. 'The applicant shall comply with the requirements of the Byron Fire Protection District. 16. Any alterations or revisions to the proposed plan are subject to the review and approval of the Zoning Administrator. 17. The hours of operation shall be 8:00 A.M. to 12:00 P.M. daily. 18. Applicant shall submit a proposal for provision of security guards on the site for the review and approval of the Zoning Administrator. 19. On the provision of police service, the applicant agrees to vote their property into a "special tax area" for police service at an initial level of $100 per parcel annually. This amount shall be adjusted yearly according to the Bay Area CPI. Furthermore, the Board of Supervisors shall review the assessment amount and adjust it to a higher level as conditions warrant it. Review shall be made of the initial assessment amount after budget hearings and after the pending elections of the general community on the question of additional police services. 20. Comply with drainage, road improvement, traffic and utility requirements as follows: A. Unless exceptions are specifically granted, this development shall conform to the requirements of Division 914 (Drainage) of the Subdivision Ordinance. This Conformance with Division 914 includes the following requirements: 1. Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. 2. Verifying that all finished floor elevations are above the 100-foot flood elevation. The applicant shall be required to elevate finished floors of habitable structures to one foot above the 100-year floor elevation to provide reasonable freeboard. 2 3. The ordinance prohibits the discharging .of concentrated storm waters into roadside ditches. 4. Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. B. Furnish proof to the Public Works Department, Engineering Services Division, of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. C. Conveying .to the County, by Offer of Dedication, approximately 29 feet of additional right of way on State Highway 4 as required for the planned future width of 128 feet along the frontage of this property from Bixler Road to the westerly edge of this development. The right of way dedication shall include a 20-foot radius right of way return at Bixler Road. D. Conveying to the County, by Offer of Dedication, 20 feet of additional right of way on Bixler Road along the frontage of this property as required for the planned future width of 100 feet. E. Relinquishing abutter's rights of access along State Highway 4 and Bixler road along the frontage of this development, including curb returns, except for the proposed access. F. Install the following improvements on State Highway 4 and Bixler Road, subject to the review and approval of the Public Works Department and the Zoning Administrator: 1. At the intersection of State Highway 4 and Bixler Road, construct a deceleration lane on State Highway 4 for west-bound traffic turning north onto Bixler Road. The deceleration lane shall be designed to Caltrans standards. Construct a standard Caltrans taper in accordance with figure 405.7 of the Caltrans Highway Design Manual on State Highway 4 at Bixler Road at the west side of the intersection. The design radius shall be 40 feet. 2. On Bixler Road, construct 14 feet of pavement widening along Bixler Road from State Highway 4 to the entrance of this development plus a taper from the entrance of the development to the north. This pavement widening is to provide for a left turn pocket from Bixler Road onto Highway 4 and a left turn pocket from Bixler Road into the development. The taper north of the entrance to the development will be designed•in accordance with Caltrans standards for the left turn pocket. 3 3. On Bixler Road construct Caltrans tapers in accordance with Figure 405- 7 of the Caltrans Highway Design Manual at the entrance to the development. The design radius shall be 30 feet. 4. Install a four-foot wide asphalt concrete path along State Route 4 from Bixler Road to Newport Drive. The path shall be well separated from State Route 4. In addition, install a separated four-foot wide asphalt concrete path on Bixler Road from the Bixler Road - Highway 4 intersection to the development entrance. The developer may choose to provide a separate pedestrian entrance into the development at a different location than the vehicular access entrance on Bixler Road. 5.. The entrance to the development shall be paved, at a minimum, from the edge of the pavement on Bixler Road to the right of way line. G. Install all new utility distribution services underground. H. Install street lights at the intersection of Bixler Road and State Highway 4 and apply for annexation of this property to County Service Area L-100 for maintenance of street lights. The final number and location of the lights shall be determined by the County Traffic Engineer. I. An encroachment permit for construction within the State right of way shall be obtained from Caltrans through the Public Works Department, Engineering Services Division. J. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Engineering Services Division, for review; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signage and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Engineering Services Division, prior to the issuance of any building permit. The review of improvement plans and payment of all fees shall be completed prior to the clearance of any building for final inspection by the Public Works Department. If final inspection is requested prior to construction of improvements, the applicant shall execute a road improvement agreement with Contra Costa County .and post bonds required by the agreement to guarantee completion of the work. K. Execute a deferred improvement agreement requiring the owner(s) of the property involved in LUP 2117-88 to perform the following when requested by the County: 4 �-nr^ a u Q 1. Widen Bixler Road approximately 32 feet to a 40-foot half width and install longitudinal and transverse drainage along the frontage. The edge of pavement shall be located 10 feet from the widened right of way line. The improvements may be done in phases subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. The improvements shall be constructed when requested by the County. 2. Construct approximately 20 feet of widening and install longitudinal and transverse drainage along the State Highway 4 frontage of this property. This improvement may be done in phases subject to the review of the Public Works Department and the review and approval of the Zoning Administrator. The improvements shall be constructed when requested by the County. 3. Contribute a 25 percent share of the cost of signalizing the intersection of Bixler Road and State Highway 4 when requested by the County. At the time the deferred improvement agreement is called up, submit improvement plans, if required, to the Public Works Department, Engineering Services Division, for review; pay the inspection fee, plan review fee and applicable lighting fees. The improvement plans may be submitted in phases corresponding to the phases being constructed. 5 v ' INFORMATIONAL NOTE A. This project may be subject to the requirements of the Department of Fish and Game. It is the applicant's responsibility to notify the Department of Fish and Game, P.O. Box 47,Yountville, California 94599, of any proposed construction within the development that may affect any fish and wildlife. resources, per the Fish and Game Code. B. This project may also be subject to the requirements of the United States Army Corps of Engineers. The applicant.should notify the appropriate district of the Corps of Engineers to determine if a permit is required. C. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare fee Ordinance for the Countywide Area of Benefit and the East/Central County Travel Corridor Area of Benefit as adopted by the Board of Supervisors. D. The project lies within the 100-year flood boundary as designated on the Federal Emergency Agency Flood Rate Maps. The applicant should 'be aware of the requirements of the Federal.Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. JH/aa/jn LUPXI/21 17-88C.JH 8/1/89 8/4/89 11/21/89 1/08/90 - Z.A. Revision (v) 6/29/90(a) 10/22/90 (in) 6 iL InnrW �� 117