HomeMy WebLinkAboutMINUTES - 07261994 - H.7 H. 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 26, 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on General Plan Amendment (GPA 7-93-EC) ,
Rezoning Application 3009-RZ, Final Development Plan
3012-93 , Boe and Company Architects and The Customer
Store, Bay Point Area.
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the recommendation of the
East County Regional Planning Commission on the request of Boe
and Company Architects to amend the Land Use Element of the
County General Plan to change the land use designation on 1 . 75
acres from Multiple Family Residential, Medium Density to
Commercial to accommodate a proposed expansion of an existing
retail facility, along with additional parcels added by County
staff in the southwest portion of the enlarged general plan
amendment area making the total land area about 2 . 25 acres in
size (GPA 7-93-EC) ; and on the request by Boe and Company
(applicant) and The Customer Store (owners) (3009-RZ) to rezone
land in the Bay Point area from Neighborhood Business (N-B) ,
Multiple Family Residential (M-29) and Two Family (D-1) to
Planned Unit District (P-1) with a requested variance, along with
Final Development Plan 3012-93 to construct a new 8, 000 square
foot grocery store with a triple island gasoline canopy to
replace the existing 4, 000 square foot store, and Land Use Permit
2045-93 for a take out food establishment in an 8, 000 square foot
grocery store in the Bay Point area.
Dennis Barry, Community Development Department, presented
the staff report on the proposed project . Mr. Barry also
presented requested modifications to the staff report on issues
including inclusion of the General Plan Amendment in one of the
four allowable general plan amendments for 1994, and an
additional finding on the variance to the minimum parcel size for
P-1 zoning.
The following persons presented testimony:
Tom Wilson, Boe Architects, 2138 E. Fifth, Benicia,
representing the Customer Store, presented a brief history of the
requested proposal, spoke in support of the project approval, and
he commented on what he felt to be unreasonable and unfair
conditions on issues including the access easement, additional
parking spaces in the parking lot, the liability and maintenance
for that parking lot, the landscape median in Bailey Road, an
eight foot masonry wall, a surety bond for garbage, a security
guard, a landscape bond and the dedication of land for a six foot
wide asphalt path along Highway 4 on ramp for access .
John Roscoe, no card submitted, owner of the Customer
Company, commented on the recent Dolan decision by the Supreme
Court and possible takings and requested that the Board take all
of the illegal takings out of the recommendations and pass the
project .
Susan Mindersee, 1806 Ophir Court, Martinez, spoke in
opposition to the proposed project .
Supervisor Torlakson recommended putting the item over for
two weeks to look at issues including Mr. Wilson' s proposed
conditions which Mr. Torlakson requested in writing so that staff
could review them, and Mrs . Mindersee' s objections, and advised
that he would meet with the parties .
IT IS BY THE BOARD ORDERED that the hearing on the above
matter is CONTINUED to August 16, 1994 at 2 : 00 p.m. in the Board
Chambers and the Community Development Department staff is
REQUESTED to review the issues and report on the concerns raised
today.
I hereby certify that this Is a true and correct Copy of
an action taken and entered an the minutes of the
rTT
of Su Iso on the date shown.
STED:
PHIL CH R,perk of the Board
of Supe and Co" Inlstrator
v
By .Deouty
Orig. Dept . : Clerk of the Board
cc : Community Development Department
County Counsel
Boe and Company Architects
The Customer Company