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Home My WebLink AboutMINUTES - 10181983 - T.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 18, 1983 _, by the following vote: AYES: Supervisors Fanden, McPeak, and Torlakson NOES: Supervisor Schroder ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: Appeal of Edgar Hayden et al from Board of Appeals approval of application for LUP 2041-83 filed by Serafino Bianchi for establishment of a day care and pre-school facility, Walnut Creek area. This being the time fixed for hearing on the appeal of Edgar Hayden et al from Board of Appeals approval of application for LUP 2041-83 filed by Serafino Bianchi for establishment of a day care and pre-school facility at the Southeast corner of Treat Boulevard and Cherry Lane, Walnut Creek area; and Mr . Harvey Bragdon, Assistant Director of Planning, having described the project, and having advised that the Board of Appeals had approved, with conditions, the application for LUP 2041-83 for a limited period of five years, as set forth in its September 13, 1983 resolution which was transmitted to this Board by the Director of Planning along with the staff report and Mr . Hayden' s appeal; and Serafino Bianchi , 4347 Cowell Road, Concord, applicant, having described the improvements that would be made to the site and briefly summarized the proposed hours and activities planned for the site, having submitted a list of signatures of supporters in the community; and having urged the Board to deny Mr . Hayden' s appeal and to grant his application for LUP 2041-83; and The following persons having appeared in opposition to the granting of the land use permit: Virginia R. Holcombe, 45 Elmwood Court, Walnut Creek Edgar J. Hayden, 24 Elmwood Court, Walnut Creek Elmer F. Kaprielian, 29 Elmwood Court, Walnut Creek Albert J. Kritscher, 31 Elmwood Court, Walnut Creek Orville A. Lynch, 23 Elmwood Court, Walnut Creek Gerald P. Deruyte, 2657 Cherry Lane, Walnut Creek, repre- senting the Walden District Improvement Association The following persons having appeared in favor of granting the land use permit: Ed Revilla, Civil Engineer with Gilbert A. Fitch & Associates, Inc. , 2154 Park Street, Concord, who advised that the drainage facilities that are being installed will improve the drainage in the area and that the intersection passed the analysis performed by staff; Claudia Bordenave, 6780, Gloria Drive #22, Sacramento, an instructor at the Bianchi School in Martinez; Ann Platz, 2335 Coldcrest Circle, Pleasanton, who will be the instructor of the Bianchi School on Cherry Lane; Alex Boley, 417 Garden Creek, Danville 94526 -1- 3 s Leonora Bianchi, 4347 Cowell Road, Concord The Chairman having declared the hearing closed; and Board members having discussed the matter in some detail, including traffic density, circulation, future widening of Treat Boulevard, best use for the subject site, and total impact on the area; and Supervisor-Schroder having commented that he was of the opinion that the neighborhood and intersection in question had already been impacted with development as much as they should be, and that he did not favor child day care centers at any cost, and therefore moved to deny the land use permit (grant the appeal of Mr. Hayden) ; The motion died for lack of a second. Supervisor Torlakson having commented that with the infor- mation received from staff with respect to traffic and circulation, and because he felt that even though the parcel is zoned residential, that its unique circumstances (being oriented away from residential uses and towards development and office uses) makes it no longer appropriate for residential use, and that a day care center is a less intensive use of the subject parcel than other uses which could be considered under the zoning district, and that the 5 year time limit contribution to signalization at the intersection, right of way improvements and other recommended conditions will adequately miti- gate concerns raised, and the project will not create a nuisance or adversly affect neighboring properties and will ,in fact, discourage the potential for the site to become a marginally used property, and will provide a needed use and benefit to the area; and Supervisor Torlakson having thereupon recommended denial of the appeal and upholding granting approval of LUP 2041-83; and The Board having CONCURRED with the determination that no Environmental Impact Report is required as the project is proposed for a limited time (5 years) ; IT IS BY THE BOARD ORDERED that the appeal of Mr. Hayden is DENIED and the decision of the Board of Appeals approving LUP 2041-83 is UPHELD, subject to conditions (Exhibit A attached hereto and by reference incorporated herein) . I hereby certify that this is a true and correctcopyoP- an action taken and entered on the minutes of the Board of Supervisors on the dato shown. Orig Dept: Clerk of the Board ATTESTED: cc: Director of Planning J.R. OLSSON, COUNTY CLERK Public Works Director and ex officio Clerk of the Board County Counsel Edgar Hayden � DsPutY Serafino Bianchi By CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2041-83: 1. This permit is granted to Serafino Bianchi only and is non-transferable. 2. This permit is granted for a pre-school, kindergarten for a maximum of 80 students. 3. Prior to the establishment of the use or the issuance of a building permit for any alterations the applicant shall submit for review and approval by the Zoning Administrator the following: A. A revised site plan drawn to scale showing 1) A portable building for additional classrooms; 2) edge of Cherry Lane pavement and property line; 3) location of existing and proposed fences and side property lines; 4) location and type of play area equipment, fencing, landscaping, etc. on site including leased area and; 5) location and design of identification and directional signs (designed to facilitate smoothest traffic flow for dropping off and picking up children. B. The applicant shall establish a carpool program which provides clear and obvious incentives for carpooling. 4. This permit is approved for 5 years. Should the applicant want to continue the use beyond that time, a new application must be submitted. Any request for continued use must be accompanied with a report showing typical number of vehicles, children per vehicle and time of day vehicles enter and leave the site. 5. The school is limited to operational hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and is prohibited from evening and weekend activities. No loudspeakers or outdoor lighting (other than that normally associated with typical residential lighting) is allowed. 6. Comply with the requirements of the Public Works Department as follows: A. Construct curb, 4-foot 6-inch sidewalk (width measured from curb face), necessary longitudinal and transverse drainage, and pavement widening on Cherry Lane. The face of curb shall be located a minimum of 44 feet from the curb to be constructed by DP 3015-83, Central Bank. B. Install street lights on Cherry lane. The final number and location . of the lights will be determined by the utility company and approved by the 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. Obtain an encroachment permit from the Public Works Department, Land Development Division, for construction of driveways or other improvements within the right of way of Cherry Lane. 358 -13 2041-83 pg. 2 Prior to the issuance of any building permits, convey to the County, as the adjacent northerly property owner, a 20-foot access easement across APN 172-040-02 and 03. The easement is subject to review at the end of 5 years so that the easement may be relocated if necessary. F. Submit a metes-and-bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned access easement(s) to the Public Works Department, Land Development Division, for review and the preparation of instruments. G. Submit improvement plans prepared by a registered civil engineer to the Public Works Department, Land Development Division, for review; pay the inspection, plan review and applicable lighting fees. These plans shall include any necessary traffic signing and striping plans for review by the County Traffic Engineer. The improvement plans shall be submitted to the Public Works Department, Land Development 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 occupancy by the Public Works Department. If occupancy is requested prior to construction of improve- ments, the applicant shall execute a road improvement agreement with Contra Costa County and post the bonds required by the agreement to guarantee completion of the work. Ii. Install all new utility distribution services underground. 1. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalk or on driveways. t J; . Public improvements shall be constructed within dedicated public right of way and/or easements. In addition to the above conditions the applicant should be aware that compliance with the County Health Department, the Contra Costa Consolidated Fire District (comments attached) and any other regulating agency will be required. DE:pip9alup 7/8/83 Revised 7/11/83 3 58