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Home My WebLink AboutMINUTES - 09131994 - H.6 �. S E " :i . . r i =•oma , H. 6 Contr( •;-�� ,�. = ..: TO: BOARD OF SUPERVISORS n; - -� Costa ° •�,:'iiIIII�Q i, County FROM: HARVEY E. BRAGDON a ! DIRECTOR OF' COMMUNITY DEVELOPMENT �o ,yti4o sTA•COUN't�',GA DATE: August 16, 1994 SUBJECT: Hearing on Boe General Plan Amendment #7-93-EC, Rezoning Application #3009-RZ and companion application #3012-93 to rezone approximately 1.75 acres of land from Neighborhood Business (N-B) , Multiple Family Residential (M-29) and Two Family District (D-1) to Planned Unit Development (P-1) and to develop the property into a grocery store with triple island gas station, located in the Bay Point area. Application filed by Boe Company (Applicant) and The Customer Company (Owners) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Refer the General Plan Amendment #7-93-EC back to the East County Regional Planning Commission for clarification of the policy with respect to coordinated development of the area subject to the General Plan Amendment. 2 . Refer the Rezoning Application #3009-RZ and Development Plan #3012-93 back to the East County Regional Planning Commission for possible modification consistent with the contemplated General Plan Amendment recommendation per #1 above. OR Deny Rezoning Application #3009-RZ and Development Plan #3012- 93 without prejudice. FISCAL IMPACT None. BACKGROUND This item was originally heard by the Board of Supervisors on July 26, 1994 . At that time, objections were made by the applicant specifically related to Conditions of Approval # 12 , 13 , 14 , 16, 18A & 18D of Rezoning #3009-RZ and Development Plan #3012-93 . This item was continued by the Board to August 16, 1994 to enable staff to address the issues raised by the applicant. Considering the location of the property, the development potential of the four properties located on the south west portion of the General Plan Amendment area and the concerns expressed by the applicant, staff is recommending that the Board refer the General Plan Amendment #7- 93-EC, back to the East County Regional Planning Commission for policy direction on development in the area (see #1 above) . CONTINUED ON ATTACHMENT: _ NO SIGNATURE _ 1 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON September 13 , 1994 APPROVED AS RECOMMENDED x OTHER x VOTE OF SUPERVISORS See Addendum A for Board actions and votes . I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Aruna Bhat 646-4208 ATTESTED September 13 , 1994 cc: Community Development Department PHIL BATCHELOR, CLERK OF Boe Company THE BOARD OF SUPERVISORS The Customer Company AND CO NTY VD INISTRATOR Mitch Avalon-Public Works AMB:df BY ° DEPUTY ADDENDUM A On August 16, 1994, the Board of Supervisors continued to this date the 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 and recommendations before the Board today to either return the matter for further consideration and recommendation by the East County Regional Planning Commission or to deny without prejudice . Supervisor Torlakson moved to refer the matter to the Planning Commission and to have staff work with the property owner to have a comprehensive plan, and he requested that the Redevelopment Agency look at the three remaining properties in the area that have been adversely impacted by the Highway 4/Bailey Road project and he moved approval of the first staff recommendation as outlined. Supervisor Smith seconded the motion. Timothy Boe, 940 Tyler Street, Suite 23 , Benicia, representing the Customer Company, presented a letter from Mr. John Roscoe of the Customer Company requesting a return of the fees that they have paid, and he spoke in support of the proposed project presenting a brief history of the request . Mr. Boe requested that the Board either approve the project without the excess conditioning or that the applicant and owner withdraw the project and get a refund of their fees . Susan Mindersee, 1806 Ophir Court, Martinez, owner of 235 Emerson Avenue, expressed concerns and requested to be considered first before any other projects . The public hearing was closed. Supervisor Powers clarified that the motion before the Board was to refer the matter back to the Planning Commission for further consideration, and to refer the letter from Mr. Roscoe to staff for response . Victor Westman, County Counsel, commented on the letter from Mr. Roscoe . Supervisor Torlakson advised that he would be glad to meet with staff and the property owner to discuss the matter further, but advised that he was recommending referring the matter back to the Planning Commission and could not recommend refunding fees on a project that had gone through the process . The vote on the motion was unanimous . 1 . Jim Kennedy, Redevelopment Agency, addressed concerns in the area, and comprehensive planning in the area and advised that he was prepared to take back to the Bay Point Redevelopment Project Area Committee a recommendation to pursue acquisition of the three remaining properties . Supervisor Torlakson moved to refer the issue to the Bay Point Project Redevelopment Committee . Mr. Westman commented on the property' s viability for multiple residential use . The vote on the motion was unanimous . IT IS BY THE BOARD ORDERED that the above General Plan Amendment request, Rezoning application, Development Plan and Land Use Permit are REFERRED back to the East County Regional Planning Commission; and the Redevelopment Agency is REQUESTED to look at the three remaining properties in the area that have been adversely impacted by the Highway 4/Bailey Road Project; and the matter is REFERRED to the Bay Point Redevelopment Project Area Committee; and Mr. Roscoe' s letter is REFERRED to County Counsel for review. 2 . PROOF OF PUBLICATION RECEIVED (2015.5 C.C.P.) STATE OF CALIFORNIA Cj I 1994 County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; CLERK BOARD OF SUPERVISORS I am over the age of eighteen years,and not a party to or interested in the CONTRA COSTA CO. above-entitled matter. I am the Principal Legal Clerk of the West County Times,a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek,County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,t -wit: ....................... ...... .:... ..r .. ! ......................... all in the year of 19... ... le� :. Y I certify(or declare)under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creeks, California.C/ On this ..day of...� 1. 19..1.. _..,lf ...... .l.......r: .... . . ... ....... .............. Signature Lesher Communications, Inc. West County Times P.O. Box 120 Pinole, CA 94564 (510)262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF PREPARATION AND CONSIDERATION OF A DISPOSITION AND . DEVELOPMENT AGREEMENT FOR THE NORTH RICHMOND SENIOR HOUSING PROJECT NOTICE IS HEREBY GIVEN that the Contra Costa County Redevel- opment Agency (the "Agency") has prepared a Disposition and Development Agreement (the "DDA")for the block bounded by 2nd,3rd,Grove and Chesleywith- in the North Richmond Redevel- opment Project Area(the"Project Area")in accordance with the re- quirements of Health and Safety Code Section 33433. The DDA provides for the acquisi- tion and conveyance of certain re- al property,the demolition of ex- isting improvements on the property,and the construction of fifty-two(52)residential units for low and moderate income elderly households and potentially non- residential facilities„ such as a health center, Sheriff substation, and retail space for commercial uses. ' The Agency will consider the DDA for adoption at its meeting of Sep- tember 13,at 11:00 a.m.in the County Board of Supervisors Chambers,Room 107,located in the McBrien Administration Build- ing, 651 Pine Street, Martinez, CA 94553. DATED:August 23,1994 CONTRA COSTA COUNTY REDEVELOPMENT AGENCY By:/sr James Kennedy Deputy Director-Redevelopment Legal wCT 6450 Publish August 29; September 5, 1994