HomeMy WebLinkAboutMINUTES - 09101996 - D11 oil
Contra
TO: P BOARD OF SUPERVISORS
Costa o l
FROM: Harvey E. Bragdon, Community Development Director J County
.DATE: September 10, 1996
SUBJECT: APPEAL BY RYAN WERNER AND PAUL TAYBI, COUNTY FILE #LP962023, OF THE
COUNTY PLANNING COMMISSION DECISION TO APPROVE A LAND USE PERMIT TO
ESTABLISH A PRIVATE SCHOOL
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
I. Staff recommends that the Board of Supervisors adopt the Mitigated Negative Declaration for
this project.
2. Approve the Mitigation Monitoring and Reporting Program (see Attachment # 4).
3. Deny the appeal of the appellants, Ryan Werner and Paul Taybi, and uphold the decision of the
County Planning Commission.
4. Adopt the findings contained in Resolution 16-1996 as the basis for the Board's action.
5. Direct the Director of Community Development to post a Notice of Determination with the
County Clerk for this project reflecting the Board's action.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The applicant is requesting approval to a private school within an existing building consisting of eight
classrooms for a maximum of 80 students. Additional background on this development proposal is
contained in the staff report (see Attachment# 1), dated July 30, 1996, that was submitted to the County
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
~APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON September 10, 1996 APPROVED AS RECOMMENDED X OTHER
See attached Addendum for list of speakers .
VOTE OF BOARD MEMBERS
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: ELIZABETH DUNN 335-1252
Orig: Community Development ATTESTED September 10, 1996
cc: Public Works PHIL BATCHELOR, CLERK OF THE
Jane Weschler BOARD OF SUPERVISORS AND
Better Government Ordinance COUNTY ADMINISTRATOR
B , DEPUTY
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Planning Commission. At its July 30, 1996 hearing, the County Planning Commission took public
testimony from the applicant, proponents and opponents regarding the proposal. Issues discussed
by residents opposed to the project primarily addressed the increase in traffic and the dangers this
increase would pose as a result of allowing the school to be established in this area of the County.
Other public safety concerns were discussed including emergency vehicle access to the site, location
of the school near the Hayward fault and any necessary earthquake retrofitting as well as being in
a heavily wooded area where a fire storm could occur. Upon closing the public hearing, the County
Planning Commission discussed these concerns before unanimously approving the land use permit.
Revised Conditions of Approval were read into the public record and clarification on some
Conditions of were discussed. Additional Conditions of Approval and mitigation measures, added
from the City of El Cerrito, were incorporated into the Mitigation Monitoring and Reporting
Program (MMRP).
APPEAL LETTER FROM PAUL TAYBI AND RYAN WERNER TO THE BOARD OF
SUPERVISORS DATED AUGUST 8. 1996
In their appeal letter (see Attachment #2) to the Board of Supervisors, dated August 8, 1996, the
appellants state that:
l)the values of our property are adversely affected and the Planning Commission's decision
does not comply with the Contra Costa County General Plan;
2)that the following standards were not satisfied by the evidence presented at the hearing:
A. that the proposed conditional (sic) not be detrimental to the health, safety and
general welfare of the county.
B. that the proposed conditional use will not adversely affect the preservation
of property values and the protection of the tax base within the county.
C. that the proposed use not adversely affect the policy and goals as set by the
Contra Costa County general plan.
D. that the proposed project will not create a nuisance and/or enforcement
problem within the neighborhood or community.
E. that special conditions or unique characteristics of the subject property and
its location or surroundings are established.
F. that there be a negative, or mitigated negative environmental impact.
3) The following findings of the Planning Commission were not supported by the evidence
before it, in part due to the Commissions' refusal to hear proffered evidence:
A. The proposed conditional use is not detrimental to the health, safety and
general welfare of the county.
B. The proposed conditional does not adversely affect the preservation of
property values and the protection of the tax base within the county.
C. The proposed use does not adversely affect the policy and goals as set by the
County of Contra Costa general plan.
D. The proposed use does not create a nuisance and/or enforcement problem
within the neighborhood or community.
E. That there is a negative, or a mitigated negative, environmental impact,
including but not limited to the finding that there will not be significant
effects in this case because mitigation measures have not been added to the
project.
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F. That no further traffic study is required.
G. That no County or City or independent compliance monitoring be required
or funded.
4) the following limitations or conditions imposed on the proposed conditional use are
unreasonable, in that they are meaningless and/or unenforceable:
A. That the First Unitarian Church of Berkeley "reduce its rental of the church
facility and the building to be used by the Montessori Family School for
community functions by 30V.
B. The applicant "require the parents of its students to sign and comply with
the Montessori Family School Traffic Program. A copy of the signed form
must be sent to the Community Development Department..."
C. That the conditional use permit be subject to review after one school term (I
understood it to be one school year)
5) The following limitations or conditions recommended by not imposed should reasonably
be imposed in granting a conditional use permit:
A. That a full traffic study be completed.
B. That applicant install speed bumps and stop signs on Lawson Road,
Kensington, and on Craft Avenue, El Cerrito, and remove a non-standard
driveway ramp on Craft Avenue;
C. That the First Unitarian Church reduce its rentals by an amount sufficient to
compensate for the increase in traffic generated by the applicant,
D. That at least one week prior to commencement of grading, applicant post the
site and mail notice to owners within 300 feet of the project site.
Additionally, the appellants state in their letter that they reserve the right to amend this appeal to
include grounds arising out of the Planning Commission's findings, imposition of conditions, or
failure to impose conditions that may be reflected in the written minutes of the Planning
Commission's hearing but which were not made expressly clear at the hearing. This includes any
findings, imposition of conditions, or failure to impose any of the conditions proposed in the July 29,
1996 letter to the Contra Costa County Community Planning Department from Edward H. Phillips
of the El Cerrito Community Planning Department.
ANALYSIS OF APPEAL POINTS
In response to item #I, the appellants feel their property values are adversely affected by the
approval of the private school. Any number of factors, whether real or perceived, can cause
property values to be adversely affected. Absent any specific study that the appellants or the County
can refer to, it is difficult to claim, with certainty, that there will be any decrease in property values
and that such a decrease is attributable to the establishment of a private school on the grounds of the
First Unitarian Church of Berkeley.
The decision by the County Planning Commission does comply with the Contra Costa County
General Plan. Within the Land Use Element of the General Plan (pages 3-27 and 3-28), the location
of secondary uses, such as a school, are allowed to be established within the Single Family
Residential-High Density designation within the Kensington area. Section 84-4.602 of the Zoning
Ordinance (page 31Of) refines the type of uses that area allowed, including churches and religious
institutions and parochial and private schools including nursery schools in a residential district with
an approved land use permit. With the County Planning Commission's approval of the land use
permit, this secondary use of a private school may be established.
In response to item #2, the findings for approval of a land use permit are being used as a guideline
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of a land use permit approval: 1) that the proposed project as conditioned will not adversely affect
the orderly development of property within the county; and 2) that the proposed project as
conditioned will not encourage marginal development. The County uses all of the findings when
recommending approval of a project. Conversely, none of these will be adopted if the project is
recommended for denial. It is not a matter of selecting the most appropriate of the seven findings
and using them.
Having stated that, the five findings offered as reasons why the project should have been denied are
addressed below with the County's response:
A. that the proposed conditional (sic) not be detrimental to the health, safety and
general welfare of the county.
RESPONSE: With the approval of the project, the County Planning Commission
found that the approved land use permit with the Conditions of Approval, of which
some conditions are also mitigation measures, does not create a situation that is
detrimental to the health, safety and general welfare of the County.
B. that the proposed conditional use will not adversely affect the preservation of
property values and the protection of the tax base within the county.
RESPONSE: Quality education is one of the components that is used when the
purchase of a home is being considered. With the addition of this educational
opportunity in western Contra Costa County, there could be a positive impact on the
home sales in this area, and the resulting increase in sales tax revenue, upon the
establishment of this type of elementary education.
C. that the proposed use not adversely affect the policy and goals as set by the Contra
Costa County general plan.
RESPONSE: As stated above, the decision by the County Planning Commission
does comply with the Contra Costa County General Plan. Within the Land Use
Element of the General Plan (pages 3-27 and 3-28), the location of secondary uses,
such as a school, are allowed to be established within the Single Family Residential-
High Density designation within the Kensington area. Section 84-4.602 of the
Zoning Ordinance (page 310f) refines the type of uses that area allowed, including
churches and religious institutions and parochial and private schools including
nursery schools in a residential district with an approved land use permit. With the
County Planning Commission's approval of the land use permit, this secondary use
of a private school may be established.
D. that the proposed project will not create a nuisance and/or enforcement problem
within the neighborhood or community.
RESPONSE: With the approval of the project, the County Planning Commission
found that the approved land use permit with the Conditions of Approval, of which
some conditions are also mitigation measures, does not create a situation that is
detrimental to the health, safety and general welfare of the County.
E. that special conditions or unique characteristics of the subject property and its
location or surroundings are established.
RESPONSE: As stated at the public hearing, this includes the nature of the zoning
of the property for single family residential use. Other conditions or characteristics
relate to the size, shape, configuration, location and topography of the site which is
suitable for the requested use of the property in relation to its surroundings.
The issue of a project's environmental consequence is one component of the County's review of
an entitlement request submitted before the County. Any environmental impact that a project may
have is not part of the findings for approval of a land use permit, but incorporated into the
Conditions of Approval. Also, as part of the approval process, the environmental documentation
is referred to as being adequate.
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is not part of the findings for approval of a land use permit, but incorporated into the Conditions of
Approval. Also, as part of the approval process, the environmental documentation is referred to as
being adequate.
The applicant signed the Mitigation Measures that were initially assigned to the project. These three
measures are:
1. The school will require the parents of its students to sign and comply with the
Montessori Family School Traffic Program. A copy of the signed form must be sent
to the Community Development Department, 651 Pine Street, 4th Floor, North
Wing, Martinez, CA 94553, Attn: Elizabeth Dunn, County File #LP962023.
2. The First Unitarian Church of Berkeley must reduce its rental of the church facility
and the building to be used by the Montessori Family School for community
functions by 30%with the addition of the Montessori Family School as a permanent
tenant. The church proposes to increase its rental fees, revise its Facilities Use Policy
and eliminate advertising this facility for wedding purposes. A final version of the
Facilities Use Policy as well as the verification in the reduction to outside groups and
the cancellation of the advertising of the First Unitarian Church of Berkeley for
weddings must be forwarded to the Community Development Department, 651 Pine
Street, 4th Floor, North Wing, Martinez, CA 94553, Attn: Elizabeth Dunn, County
File #LP962023.
3. The First Unitarian Church of Berkeley will install school signs and speed bumps on
Craft Avenue. The location of the speed bumps, related pavement markings and
school signs shall be coordinated with the Public Works Departments of the City of
El Cerrito and Contra Costa County.
A letter, dated July 29, 1996 from the City of El Cerrito (see Attachment# 3), incorporated stronger
and more enforceable mitigation measures that were discussed in a July 25, 1996 meeting with
representatives from the City of El Cerrito, Contra Costa County Community Development,
Kensington Police Department, the Montessori Family School and the First Unitarian Church of
Berkeley. These additional mitigation measures are described below:
4. In the event that the City of El Cerrito cannot justify speed humps on Craft Avenue
under adoption criteria, the church agrees to install at least one traffic calming
device, such as a speed hump, in its parking lot near the exit to Craft Avenue, for the
purpose of discouraging vehicles exiting from the lot speeding on Craft Avenue
5. The school shall be responsible for the maintenance of an average of 3 students per
each private vehicle delivering or picking-up students.
6. The school shall assign staggered morning arrival times to car pools in order to
avoid congestion on the approach and departure routes.
7. Drivers delivering or picking up students shall use a clockwise route in approaching
and leaving the site, approaching via Craft Avenue and departing via Lawson
Avenue. Such pattern shall be evaluated for 6 months after the school begins
operation, through procedures stipulated in the mitigation monitoring and reporting
program (see Attachment #4).
The Mitigation Monitoring and Reporting Program shall require that:
1. After the school has been in operation for six months, a committee shall review any
traffic related issues that emerge during this phase of the school's operation. This
committee shall consists of one El Cerrito resident, one Kensington resident, a
representative from the City of El Cerrito, a representative from Contra Costa
County, a representative from the Kensington Police Department, a representative
from the Montessori Family School and a representative from the First Unitarian
Church of Berkeley.
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2. The school shall provide a monthly report to the Contra Costa County Community
Development Department which addresses the compliance with the transportation
mitigation measures.
The original mitigation measures, as well as those suggested by the City of El Cerrito, were agreed
to by the applicant. Additionally, the Mitigation and Monitoring Reporting Program was adopted
by the Planning Commission when this hearing body found the environmental documentation to be
adequate upon the approval of the land use permit with the additional mitigation measures.
In response to item #3, the Planning Commission listened to all who submitted a card wishing to
comment on the project. One of the two appellants was allowed to speak longer than anyone else
that night. Members of the Planning Commission, in stating that had spoken eloquently on several
issues and for a longer time than others before him, asked that he not give his itemized deficiencies
of the staff report and environmental report. He was offered to submit these deficiencies in writing,
though he had not prepared any written materials and was prepared to make these statements orally.
As addressed below, the County responds to the argument that these selective findings were not
supported at the public hearing:
A. The proposed conditional use is not detrimental to the health, safety and general
welfare of the county.
RESPONSE: With the approval of the project, the County Planning Commission
found that the approved land use permit with the Conditions of Approval, of which
some conditions are also mitigation measures, does not create a situation that is
detrimental to the health, safety and general welfare of the County.
B. The proposed conditional does not adversely affect the preservation of property
values and the protection of the tax base within the county.
RESPONSE: Quality education is one of the components that is used when the
purchase of a home is being considered. With the addition of this educational
opportunity in western Contra Costa County, there could be a positive impact on the
home sales in this area, and the resulting increase in sales tax revenue, upon the
establishment of this type of elementary education.
C. The proposed use does not adversely affect the policy and goals as set by the County
of Contra Costa general plan.
RESPONSE: As stated above, the decision by the County Planning Commission
does comply with the Contra Costa County General Plan as it allows the location of
_ "uses and structures incidental to the primary use" of single family homes and
accessory structures (Contra Costa County General Plan, Land Use Element, pages
3-27 and 3-28). These incidental, or secondary uses, generally found to be
compatible with the Single Family Residential-High Density designation in this area
of Kensington include home occupations, small residential care and child care
facilities, churches and other similar places of worship, secondary dwelling units and
attached single family units (duplexes or duets) are the type of uses that may be
allowed. Section 84-4.602 of the Zoning Ordinance (page 31 Of) refines this to allow
churches and religious institutions and parochial and private schools including
nursery schools in a residential district with an approved land use permit. With the
County Planning Commission's approval of the land use permit, this secondary use
of a private school may be established.
D. The proposed use does not create a nuisance and/or enforcement problem within the
neighborhood or community.
RESPONSE: With the approval of the project, the County Planning Commission
found that the approved land use permit with the Conditions of Approval, of which
some conditions are also mitigation measures, does not create a situation that is
detrimental to the health, safety and general welfare of the County.
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E. That there is a negative, or a mitigated negative, environmental impact, including but
not limited to the finding that there will not be significant effects in this case because
mitigation measures have not been added to the project.
RESPONSE: Please refer to the previous discussion regarding the addition of
mitigation measures as well as the adoption of a Mitigation Monitoring and
Reporting Program regarding the discussion of this item.
F. That no further traffic study is required.
RESPONSE: Contra Costa County transportation planners reviewed the Abrams
Associates report (traffic consultant for the applicant) and found the trip generation
findings to be appropriate for the maximum enrollment of 80 students (see
Attachment #5).
G. That no County or City or independent compliance monitoring be required or funded.
RESPONSE: The Contra Costa County Building Inspection Department enforces
the Conditions of Approval associated with entitlement requests, such as an approved
land use permit. The Planning staff also conducts site investigations to ensure that
Conditions of Approval are being maintained. In addition to the adoption of a
Mitigation Monitoring and Reporting Program, Conditions of Approval have been
assigned to the project which require a meeting with representatives from the City,
Contra Costa County, the applicant, church and one representative each from the El
Cerrito and Kensington neighborhoods. Until the land use permit is brought back to
the County Planning Commission in July 1997for reveiw, the applicant will be
required to establish a fund for additional staff time to conduct site investigations.
The necessity of this fund shall be reviewed at this July 1997 County Planning
Commission meeting. Any balance shall be returned to the applicant.
In response to item #4, the appellants feel that the following limitations or conditions imposed on
the conditional use permit are unreasonable, that they are meaningless and /or unenforceable:
A. That the First Unitarian Church of Berkeley "reduce its rental of the church facility
and the building to be used by the Montessori Family School for community
functions by 30%".
B. The applicant "require the parents of its students to sign and comply with the
Montessori Family School Traffic Program. A copy of the signed form must be sent
to the Community Development Department..."
C. That the conditional use permit be subject to review after one school term.
All of these conditions have become part of the public hearing record. The First Unitarian Church
of Berkeley(FUCB)has complied with Item "A" with the submittal of the final rental policy to the
Community Development Department. Though not discussed at the public hearing, one option to
ensure that the FUCB is complying with this rental policy could be to require that the FUCB submit
to the Community Development Department, on a quarterly basis, the rental receipts for the church.
With regards to Item "B", the school must transmit a copy of the signed car pool forms to the
Contra Costa County Community Development Department. The Building Inspection and
Community Development Department staff conducts site investigations to ensure that Conditions
of Approval are being maintained.
Item "C"was agreed to by the applicant and added at the public hearing by as a component of the
Mitigation Monitoring Reporting Program. Additionally, item #13 of the Conditions of Approval
was revised at the Planning Commission to state that at the end of one academic school year, this
issue of complying with the land use permit will be brought back before the County Planning
Commission.
These three items are part not only Conditions of Approval, but are part of the original Mitigation
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Measures that were agreed to by the applicant. All of these items have become part of the public
record. Should the applicant falter and not comply with the Conditions of Approval on a continual
basis, the County can initiate a revocation hearing to rescind the land use permit.
In response to #5, the following limitations or conditions recommended but not imposed should
reasonably be imposed in granting a conditional use permit:
A. That a full traffic study be complete.
RESPONSE: Contra Costa County transportation planners reviewed the Abrams
Associates report(traffic consultant for the applicant) and found the trip generation
findings to be appropriate for the maximum enrollment of 80 students (see
Attachment #5).
B. That applicant install speed bumps and stop signs on Lawson Road, Kensington, and
on Craft Avenue, El Cerrito, and remove a non-standard driveway ramp on Craft
Avenue.
RESPONSE: The City of El Cerrito has revised its statement on traffic calming
devices to clarify that should they be warranted, the City may install speed humps on
Craft Avenue. A test was performed to establish whether Craft Avenue met all the
City's criteria to install such devices. This street did not meet the criteria that more
than 15% of the cars of this street exceeded a speed of 30 miles per hour. Until such
time that the City does install these devises, it is their suggestion that a speed hump
be installed at the base of the driveway near Craft Avenue on the church property.
C. That the First Unitarian Church of Berkeley reduce its rentals by an amount
sufficient to compensate for the increase in traffic generated by the applicant.
RESPONSE: It is anticipated that the level of additional traffic on these streets is
approximately 42 cars: 21 cars in the morning and 21 cars in the evening. A
reduction in the rentals by the church, to decrease the traffic associated with the
rentals by the 42 cars, may be less that the 30% reduction that the church has agreed
to.
D. That at least one week prior to commencement of grading, applicant post the site and
mail notice to owners within 300 feet of the project site.
RESPONSE: At the public hearing, several conditions were revised or removed.
Item D, which addresses the grading, listed as Condition 5c in the Conditions of
Approval, was removed at the public hearing as no grading will be performed.
Finally, the appellant's cannot use the concluding paragraph within their appeal letter, below item #5,
as a caveat to insert additional points of discussion at a later date. They are limited to the five (5)
issues brought up in their letter which have been addressed in this response.
BOARD OF SUPERVISORS ALTERNATIVE TO STAFF RECOMMENDATION
There are few options that exist. One is to reduce the proposed student body from 80 to a lesser
number. The second is to overturn the Planning Commission's decision and deny the requested land
use permit.
ED\
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ADDENDUM TO ITEM D.11
September 10, 1996
This being the time noticed by the Clerk of the Board of Supervisors for
hearing on the appeal by Paul S. Taybi and Ryan L. Werner (Appellants) from
the decision of the Contra Costa County Planning Commission on the
application (Montessori Family School, Applicant, and First Unitarian Church of
Berkeley, Owner) for approval to establish a private school within an existing
building consisting of eight classrooms for a maximum of 80 students. (County
File #LP 2023-96). The location is a 2.8 acre site addresses as #1 Lawsuon
Road, in the Kensington area.
Dennis Barry, Community Development Department presented the staff
report.
The public hearing was opened and the following people presented
testimony:
Ryan Werner, Appellant, 803 Craft Avenue, El Cerrito;
Paul Taybi, Appellant, 84 Kensington, Kensington;
Suzanne Lieban, First Unitarian Church, 6040 Arlington Blvd.,
Richmond;
Jane Wechsler, Montessori Family School, 1039 Creston Road, Berkeley;
Lesley Quinn, 1841 San Antonio Avenue, Berkeley;
Nancy Pullen, 677 Spruce Street, Berkeley;
Bruce Nye, 94 Hermosa Avenue, Oakland;
David Moffat, 1226 Josephine Street, Berkeley;
Chuck Smith, 1418 Spring Way, Berkeley;
H.W. Gebhardt, 46 Cowper Avenue, Kensington.
All persons desiring to speak having been heard, the public hearing was
closed, and the Board discussed the issues presented.
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2023-96
1. Development is approved as shown on plans submitted with the application, received by the
Community Development Department on April 18, 1996 , subject to final review and
approval by the County Zoning Administrator prior to the issuance of a building permit and
subject to the conditions listed below.
2. Hours of operation shall be Monday through Friday. between 8:00 A.M. and 6:00 P.M.
3. The applicant shall show proof that water and sewage service is available prior to the
issuance of a building permit.
4. All signs shall be subject to the review and approval of the Zoning Administrator. No other
outside displays are permitted.
5. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. Noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on state and federal holidays. The restrictions on allowed
working days may be modified on prior written approval by the Zoning
Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and concrete
pumpers as far away from existing residences as possible.
D D>
the applieant shall past the
1"Jeet site notiee that eanstfuetion wofk will eotntiflenee. The notiee shall iflelude
a list of eontaet peFsons with name, title, phene nut:nbef and area of i-espensibility.
The per-sefl fespensible feF ffiaifltaining the list shall be ineluded. The list shall be
�8ehieles, eresten eentr-el, and-the-24 rheaf eniEf-geney nuffibef, hall be ��ty
VI JIILLII���i/f JT
identified in the notiee. The natiee sliftil be t:e issued with each phase of ni�e'f
A eepy ef the fietiee shall be eetteuffefltly trans titt'ed fe the nit .
2
C. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
6. The school will require the parents of its students to sign and comply with the Montessori
Family School Traffic Program. A copy of the signed form must be sent to the Community
Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553,
Attn: Elizabeth Dunn, County File#LP962023. (Mitigation Measure).
7. The First Unitarian Church of Berkeley must reduce its rental of the church facility and the
building to be used by the Montessori Family School for community functions by 30% with
the addition of the Montessori Family School as a permanent tenant. The church proposed
to increase its rental fees, revise its Facilities Use Policy and eliminate advertising this
facility for wedding purposes. A final version of the Facilities Use Policy as well as the
verification in the reduction of outside groups and the cancellation of the advertising of the
First Unitarian Church of Berkeley for weddings must be forwarded to the Community
Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553,
Attn: Elizabeth Dunn, County File#LP962023. (Mitigation Measure)
8. Ifthe Ctv ofE1 Cerrito finds that such treasure ase consistent rovttl� City traffic control!the
First Unitarian Church of Berkeley will install school signs and speed bumps on Craft
Avenue. The location of the speed bumps, related pavement markings and school signs shall
be coordinated with the Public Works Department of the City of El Cerrito and Contra Costa
County. (Mitigation Measure)
9 In the event that the1ty of El Cerrito cannot justify speed Dumps on Craft Avenue undexxr
adptadrz criteria, tlzechui eh agi ees to install at least;one traffic calming;device, such:as a
speed lump,rn its parking lot near the exist to Craft Avenue, for the'purpQsJe of discouraging
vehicles exiting front the lotspeeding ori Craft Avenue
........
I0 The school shall be responsible for the gatntet ante of an average of 3 'students per each
prate vehicle delivering ear packing uMSW tdents:
1] e scliaol shill assign staggered inor ang arxaval gimes tQ car pools n ordirr to avoid
.
congestion on the approach and departure routes:
: :' l7rivet s tlelavering or>pickira a students shall;use a clockwise route in:;approaching ani
leiving the site; appaachirig via Craft Avenin: an&1. 'epartirg via Lawsrn Aelue rich
paftern shall be evaluated for 6 rriontls atter the school Begins operation tlzTough procedures
stipulated an the mitt taon n anito ing an;d reporting pt ogram
.<Tlie project site i�lplate shall be revised to specify that all school activities will be located of
the ensart on portiox> ofthe char property, with no parking or ptelc upldrop off activities
tca.lae located oaaEl Ceraato pot tiorts of the site ur?til such tilrte`as the City of EI Cerrito nrtght
grant a use perittit to the Montessori Family School for sucl <use wthtri the City:;
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14. The permit is issued to the applicant/owner, the Montessori Family School only, and may
only be transferred after review and approval of the Zoning Administrator.
15. The maximum enrollment of the Montessori Family School shall be limited to 80 students,
and may only serve kindergarten through grade six.
16. No loudspeakers or amplified music shall be permitted outside the enclosed building.
17. No changes in outdoor play areas shall be made without the approval of the Zoning
Administrator.
18. The development shall be subject to review
the pef:fflitanediat'ely at, the end of, the schol':s first academic year to determine
compliance with above conditions or what additional requirements may be needed. The
Zoning Administrator may refer the matter back to the County Planning Commission for
disposition `The mattes shill be referred to the:County Planbing Cammrssjon.
19. This application is subject to an initial application fee of$2,700.00 which was paid with the
application submittal, plus time and material costs if the application review expenses exceed
120% of the initial fee. Any additional fee due must be paid within 60 days of the permit
effective date or prior to use of the permit whichever occurs first. The fees include costs
through permit issuance plus five working days for file preparation. You may obtain current
costs by contacting the project planner. If you owe additional fees, a bill will be to you
shortly after permit issuance.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING THE APPLICANT OF ADDITIONAL
ORDINANCE REQUIREMENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. Comply with the requirements of the Kensington Fire Protection District.
c
4
B. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures.
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7/30/96 - P/C Rev. (v)
9/3/96
RESOLUTION NO. 1.6-1996
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMMENDATIONS OF
LAND USE PERMIT 996-2030, MONTESSORI FAMILY SCHOOL (APPLICANT), FIRST
UNITARIAN CHURCH OF BERKELEY(OWNER), FOR THE KENSINGTON AREA OF SAID
COUNTY.
WHEREAS, a request by MONTESSORI FAMILY SCHOOL (Applicant), FIRST
UNITARIAN CHURCH OF BERKELEY (Owner), Land Use Permit #96-2023, to establish a
private school within an existing building consisting of eight classrooms for a maximum of 80
students, was received by the Community Development Department on March 5, 1996; and
WHEREAS, a Negative Declaration was completed for this application on July 10, 1996; and
WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled
before the County Planning Commission for July 30, 1996, whereat all persons interested therein
might appear and be heard; and
WHEREAS, on July 30, 1996, this application was reviewed by the Planning Commission
with extensive testimony given by citizens of the immediate and surrounding area; and
WHEREAS, the County Planning Commission CLOSED the public hearing and after having
fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter, and
NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission
APPROVED Land Use Permit application #96-2023; and
BE IT FURTHER RESOLVED the reason for this recommendation is based upon : 1) the
record; 2) the background; 3) CEQA findings; and 4) that the applicant complied with the burden
of proof to support the findings required by the Zoning Ordinance, Section 26-2.2008 (conditional
use permit standards):
1. THE RECORD
In making the approval, the County Planning Commission considered the County General
Plan, the County's Zoning Ordinance, all documents and exhibits presented before the body
hearing this application, all testimony given at the public hearing held on the application,
adoption of the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting
Program under CEQA and all staff reports.
2
2. BACKGROUND
A. Finding: On March 6, 1995,the Montessori Family School, the applicants,
submitted a Land Use Permit application to establish a private school on the
property located at 1 Lawson Road, Kensington, California, in the
unincorporated area of Contra Costa County.
Evidence: Community Development Department ("CDD") LP962023.
B. Finding: The property is located in an R-6 (Single Family Residential) zoning
district. Under the R-6 zoning ordinance, a private school, which complies
with the provisions of County Ordinance Code Chapter 82-24 is allowed if
a land use permit is issued.
Evidence: CDD File LP962023; County Ordinance Code Section 84-14.404
(incorporating Section 84-4.404).
C. Finding: The property is designated in the County General Plan as Single
Family Residential - High Density.
Evidence: CDD File LP962023; County General Plan (Land Use Element,
page 318, referencing the Land Use Element Map).
D. Finding: The application was scheduled to be heard by the County Planning
Commission on July 30, 1996 and notice of the hearing was duly given. The
staff recommended approval of the request to establish a private school. On
July 30, 1996, the County Planning Commission approved the project based
upon the testimony provided by the applicant. Additional Mitigation
Measures to be incorporated into the Mitigated Negative Declaration and the
formation of a Mitigation Monitoring and Reporting Program that were
recommended for adoption by the County Planning Commission.
Evidence: CDD File LP962023 (including the tapes of the hearing).
E. Finding: On August 8, 1996, the appellants submitted a letter, appealing the
decision of the County Planning Commission, to the Board of Supervisors.
A hearing was duly noticed and scheduled for September 10, 1996.
Evidence: Clerk of the Board File - Appeal by Ryan Werner and Paul Taybi
(LP962023).
3
3. CEOA FINDING
Finding: A Mitigated Negative Declaration was assigned to the project. A Mitigation
and Monitoring Program was created for the project. At the July 30, 1996 public
hearing, four additional Mitigation Measures were incorporated into the project. The
applicant agreed to these additional measures.
Evidence: CDD File LP962023, State CEQA Guidelines Section 15070; Clerk of the
Board File - Appeal by Ryan Werner and Paul Taybi (LP962023)
4. LAND USE PERMIT FINDINGS
A. The proposed project will not be detrimental to the health, safety and general
welfare of the county.
Evidence. At its July 30, 1996 hearing, the County Planning Commission took
public testimony from the applicant, proponents and opponents regarding the
proposal. Issues discussed by residents opposed to the project primarily
addressed the increase in traffic and the dangers this increase would pose as
a result of allowing the school to be established in this area of the County.
Other public safety concerns were discussed including emergency vehicle
access to the site, location of the school near the Hayward fault and any
necessary earthquake retrofitting as well as being in a heavily wooded area
where a fire storm could occur. Upon closing the public hearing, the County
Planning Commission discussed these concerns before unanimously approving
the land use permit. Revised Conditions of Approval were read into the
public record and clarification on some Conditions of were discussed.
Additional Conditions of Approval and mitigation measures, added from the
City of El Cerrito, were incorporated into the Mitigation Monitoring and
Reporting Program (MMRP).
B. The proposed project as conditioned will not adversely affect the orderly
development of property within the county.
Evidence: The proposed school is to be located on property owned by the
First Unitarian Church of Berkeley. This use was approved by a land use
permit in 1958. Subsequent uses on the church's property have also been
approved with land use permits. As secondary uses, churches and private
schools are reviewed for consistency with the Zoning Ordinance and the
County's General Plan to ensure that these types of projects will not adversely
affect the orderly development of property within the county.
C. The proposed project as conditioned will not adversely affect the preservation
a,
4
of property values and the protection of the tax base within the county.
Evidence: Quality education is one of the components that is used when the
purchase of a home is being considered. With the addition of this educational
opportunity in western Contra Costa County,there could be a positive impact
on the home sales in this area, and the resulting increase in sales tax revenue,
upon the establishment of this type of elementary education.
D. The proposed project will not adversely affect the policy and goals as set by
the general plan.
Evidence: The decision by the County Planning Commission complies with
the Contra Costa County General Plan. Within the Land Use Element of the
General Plan (pages 3-27 and 3-28), the location of secondary uses, such as
a school, are allowed to be established within the Single Family Residential-
High Density designation within the Kensington area. Section 84-4.602 of the
Zoning Ordinance (page 310f) refines the type of uses that area allowed,
including churches and religious institutions and parochial and private schools
including nursery schools in a residential district with an approved land use
permit.
E. The proposed project will not create a nuisance and/or enforcement problem
within the neighborhood or community.
Evidence: With the approval of the project, the County Planning Commission
found that the approved land use permit with the Conditions of Approval, of
which some conditions are also mitigation measures, does not create an
enforcement problem within the neighborhood or community.
F. The proposed project as conditioned will not encourage marginal
development.
Evidence: The proposed school is to be located on property owned by the
First Unitarian Church of Berkeley. This use was approved by a land use
permit in 1958. Subsequent uses on the church's property have also been
approved with land use permits. As secondary uses, churches and private
schools are reviewed for consistency with the Zoning Ordinance and the
County's General Plan to ensure that these types of projects will not
encourage marginal development.
G. That special conditions or unique characteristics of the subject property and
its location or surroundings are established.
5
Evidence: As stated at the public hearing, this includes the nature of the
zoning of the property for single family residential use. Other conditions or
characteristics relate to the size, shape, configuration, location and
topography of the site which is suitable for the requested use of the property
in relation to its surroundings.
The foregoing motion was made by the Planning Commission on Tuesday, July 30, 1996 with
the following vote of the Commission:
AYES: Commissioners - Clark, Pavlinec, Terrell, Wong, Hanecak, Gaddis, Strauss
NOES: Commissioners - None.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners -None
BE IT FURTHER RESOLVED that on August 8, 1996, Ryan Werner and Paul Taybi
appealed the County Planning Commission's decision to the Board of Supervisors for public hearing
and determination.
ATTEST:
HARVEY E. BRAGDON- Secretary,
Planning Commission -Contra Costa
County - State of California
ATTACHMENT #1
Agenda Item #
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY_ JULY 30, 1996 - 7:30 P. M.
I. INTRODUCTION
MONTESSORI FAMILY SCHOOL (Applicant) - FIRST UNITARIAN CHURCH OF
BERKELEY(Owner), County File#LP962023: The applicant requests approval to establish
a private school within an existing building consisting of eight classrooms for a maximum
of 80 students. The subject site is approximately 2.8 acres and is addressed as 1 Lawson
Road in the Kensington area. (R-6) (ZA: M-7) (CT3382.02) (Parcel # 572-014-015).
II. RECOMMENDATION
Staff recommends approval of the land use permit with the attached Conditions of Approval.
III. SUMMARY OF REVIEW
Private Schools in Residential Areas: Pursuant to County Ordinance Code Section 84-4.404, '
churches and religious institutions and parochial and private schools, including nursery
schools, require an approved land use permit. Before granting a land use permit for this use,
the hearing body shall make the findings established in Contra Costa County Code Article
26-2.2008.
IV. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject parcel is designated Single Family
Residential - High Density (SH) in the Contra Costa County General Plan adopted
in January 1991.
B. Zonin : The subject parcel is in the R-6 Zoning District.
C. CEOA Status: A Neuative Declaration was posted on July 10, 1996. One comment
was received at the time that the staff report was written which is addressed in
Section X., item E of the staff'report. The Zoning Administrator �','ili be notified
should any comments be received after the staff report has been written and prior to
the scheduled public hearing.
2
D. Other Regulatory Concerns: The proposed school exists on the grounds of the First
Unitarian Church of Berkeley and is within an area where earthquakes occur, known
as the Special Studies zone. The proposed school site is an existing structure where
no new exterior construction is proposed.
E. Prior Applications: The original land use permit, County File 9252-66, established
a church and related facilities. Additional entitlements, consisting of four land use
permits and three minor subdivisions, have been approved at this location and are
described as follows:
1. County File #LP92-62 allowed a private school through 6/30/62..
2. County File 9LP382-67 allowed two trailers to .be used as temporary
classrooms for a maximum of two years.
3. Minor subdivision #MS205-71 was an approval for a three lot subdivision.
4. Minor subdivision 9MS37-73 approved a three lot subdivision as the
previous entitlement expired.
5. Minor Subdivision 9MS142-74 was approved for a request for a reversion
to acreage as the 3 lot subdivision was no longer needed.
6. Count}, File 9LP2017-77 approved the establishment of a preschool
("Skytown") operated by the First Unitarian Church of Berkeley.
7, County File LP2129-77 extended the hours of operation for Skytown and
allowed a day care (Yellow Brick Road School) in an existing facility.
V. SITE DESCRIPTION
The 2.828 acre site has a church and a nursery school. The two-story, 3,450 square foot
building to be used for the private school, is to the north of the nursery and northeast of the
church. Mature landscaping rings the location where the school would be established.
VI. AREA DESCRIPTION
The proposed Montessori school exists on the grounds of the First Unitarian Church of
Berkeley (FUCB). This facility is nestled in an established neighborhood in Kensington.
The residential uses to the north and west of the church grounds are within the city of El
Cerrito; residential uses to the east and south are within Kensington.
R
1
J
VII. PROPOSED PROJECT
The development proposal is to establish a Montessori school for a maximum of 80 children
within an existing building on the grounds of the First Unitarian Church of Berkeley
(FUCB). Approximately eight (8) teachers will be employed at this location. School hours
will be from 8:00 A.M. to 6:00 P.M., with before school activities from B:OOA.M. to
8:15A.M. and afterschool activities from 3:OOP.M. to 6:00 P.M. Some children will remain
on the grounds of the First Unitarian Church and attend the Skytown Preschool once school
is over. No new exterior construction is needed; only interior renovation is required to
rehabilitate the existing structure.
VIII. AGENCY COMMENTS
A. East Bay Municipal Utility District: The property currently has water services off
of Craft Avenue. If a change or new water service is needed, the applicant should
contact EBMUD's New Business Office to request a water service estimate to
determine costs and conditions of providing water service to the property.
B. Kensington Fire Protection District: Compliance with Fire District regulations and
their ordinance is noted in an Advisory Note following the Conditions of Approval.
C. Kensington Municipal Advisory Council (KMACZ At its March 27, 1996, meeting,
KMAC recommended approval of the conditional use permit.
The following agencies responded to the distribution but had no comments on this
application:
* City of Richmond
* Public Works Department - Engineering Services Division
* Sheriffs Office of Administrative and Community Services
The following agencies did not respond to the distribution for comments:
* Building Inspection
* Health Services Department - Environmental Health Division
* Stege Sanitary District
* West Contra Costa Unified School District
4
IX. PUBLIC COMMENTS
Numerous letters, both in support of and in opposition to the proposal, have been received
by the Community Development Department. Rather than attaching a copy of each letter,
a list with the names of the proponents and opponents is attached. Additionally, a synopsis
of comments received, both in support of and against, from these citizens is included with
the list of proponents and opponents (see Attachment 1).
X. STAFF ANALYSISIDISCUSSION
A. Appropriateness of Use: The proposed project is consistent with the Single Family
Residential - High Density (SH) General Plan designation and the R-6 Zoning
District.
B. Site Plan Analysis: As previously stated, the request is to establish a Montessori
school within an existing structure that had once been used as a school by the First
Unitarian Church of Berkeley. Thus, it is a request to return to a previous use with
a permanent tenant. There are approximately 200 parking spaces which is sufficient
for this use. Access to the site is primarily from two streets: Craft Avenue in El
Cerrito to the north of the site and Lawson Road in Kensington from the south of the
site.
The primary concern about this project is the traffic that would be generated by the
Proposed school. A traffic study (see Attachment 2), prepared by a traffic engineer,
indicates that for a typical school without any car pooling arrangements, a total of
approximately 56 vehicle trips, 32 trips to and 24 trips away from the school, would
be generated between 7:30 A.M. and 9:00 A.M. This number of trips is based upon
the initial enrolhment of 70 students. The applicant has stated, and would be limited
to, that the maximum enrollment is to be 80 students. As the majority of these trips
are coming from Berkeley, Arlington Avenue would be the major street used to get
to the Kensington area with traffic then using five local streets -- Lawson, Arlmont,
Cowper, Highland and Craft Avenue -- to obtain access to the proposed school site.
Since there are a number of streets that may be used to drop off children to the
proposed school, it is anticipated that no one street would receive more than 10
vehicles per hour. Any project that generates 100 or more peak hour trips, trips
between the hours of 7:00 A.M.. - 9:00 A.M. and 4:00 P.M. - 6:00 P.M., is subject to
the Measure C - 1988 traffic study requirements that have been prepared by the
Contra Costa Transportation Authority. As the development proposal falls short of
this threshold of 100 or more peak hour trips, no additional traffic study is required.
The Montessori School proposes to limit the number of vehicle trips to the proposed
school site by using car pools and using the school's van to shuttle students from its
Berkeley site to the proposed campus in Kensington. The school will ask the parents
Of its students to sign and complY with the. Montessori Family School Traffic
Program (see Attachment 3). This agreement informs the parents of the requirement
to car pool, use of the shuttle van and for older school age children, use of public
transportation, as methods to reduce the traffic into the proposed school site. With
these conditions, the traffic engineer anticipates that approximately 18 vehicles trips
will enter and 15 vehicle trips will exit the school site along Lawson, Arlmont,
Cowper, Highland and Craft Avenues during the hours of 7:00 A.M. - 9:00 A.M.
These streets may receive an additional 5 to 6 vehicle trips per hour when car pools,
the shuttle van and public transportation are used.
Additionally, the First Unitarian Church of Berkeley intends to reduce its rental of
the church facility for community functions by 30% with the addition of the
Montessori Family School as a permanent tenant. It proposes to increase its rental
fees, revise its Facilities Use Policy (see Attachment 4) and`eliminate advertising this
facility for wedding purposes. The First Unitarian Church of Berkeley would
support and assist in the installation of school signs and speed bumps on Craft
Avenue as techniques for its congregation and other area residents to be more careful
drivers. These techniques wouldbeanother safeguard to ensure that the overall
traffic associated with the church functions would decrease.
C. Compatibility with Regulatory Programs: As proposed, the private Montessori
school complies with existin regulatory programs.
D. General Plan/Zoning Compliance: The proposed project is consistent with the
Single Family Residential - High Density (SH) General Pian designation and the R-6
Zoning District.
E. Response to A(gency/Public comments: Opponents to the project have hired a
transportation consultant to rebut the initial traffic study submitted by Abrams
Associates hired by the Montessori school. This other report, by Robert Rees at Fehr
and Peers (see Attachment 5), states that traffic impacts and mitigation measures
should be studied at Craft Street, Cowper Avenue, and the intersections of Arlington
and Terrace and Arlington and Cowper. Additionally, it is stated that the Montessori
proposal could influence the traffic flow at the Kensington Hilltop Elementary
School. Mitigation measures, such as speed bumps as well as sight distance
improvements, lane channelization or pavement delineation along Terrace Drive and
Cowper Avenue, may be appropriate techniques to be implemented to lessen the
impact of additional traffic in the area. Neither report addresses staff, visitor or
delivery traffic - both concentrate on student travel.
6
Contra Costa County transportation planners have reviewed the Abrams Associates
report and found the trip generation findings to be appropriate for the maximum
enrollment of 80 students (see Attachment 6). In a phone conversation with a
representative frorn the Engineering Services Division in Public Works, no further
information was required regarding the traffic impacts in a preliminary review of the
Abrams Associates report.
Additionally, the sponsor of the development proposal has agreed to comply with
these three Mitigation Measures as indicated within the Initial Study prepared for the
project:
1. The school will require the parents of its students to sign and comply with
the Montessori Family School Traffic Program. A copy of the signed form
must be sent to the Community Development Department, 651 Pine Street,
4th Floor, North Wing, Martinez, CA 94553, Attn: Elizabeth Dunn, County
File 4LP962023.
2. The First Unitarian Church of Berkeley must reduce its rental of the church
facility and the building to be used by the Montessori Family School for
community functions by 30% with the addition of the Montessori Family
School as a permanent tenant. The church proposes to increase its rental
fees, revise its Facilities Use Policy and eliminate advertising this facility for
wedding purposes. A final version of the Facilities Use Policy as well as the
verification in the reduction to outside groups and the cancellation of the
advertising of the First Unitarian Church of Berkeley for weddings must be
forwarded to the Community Development Department,.651 Pine Street, 4th
Floor, North Wing, Martinez, CA.94553, Attrn: Elizabeth Dunn, County File
9LP962023.
3. The First Unitarian Church of Berkeley will install school signs and speed
bumps on Craft Avenue. The location of the speed bumps, related pavement
markings and school signs shall be coordinated with the Public Works
Departments of the City of EI Cerrito and Contra Costa County.
F. Environmental issues: A Negative Declaration was posted between July 10, 1996
and July 30, 1996. As a requirement of the California Environmental Quality Act
(CEQA), a notice was mailed to the adjacent property owners and occupants
informing them of the development proposal and that the Negative Declaration was
available for review. One comment \vas received at the time that the staff report was
written which is addressed above in Section X, item E of the staff report. Should the
Community Development Department receive written comments on the project prior
to the July 30, 1996 hearing, they will be made available for review by any interested
parties.
7
G. Summary: Staff recommends that the land use permit for a private Montessori
school to be established within an existing 3,450 square foot building be approved.
The following required findings for approval of a conditional use permit as provided
by County Code Section 26-2.2008 have been satisfied:
A. The proposed project will not be detrimental to the health, safety and general
welfare of the county.
B. The proposed project as conditioned will not adversely affect the orderly
development of property within the county.
C. The proposed project as conditioned will not adversely affect the
preservation of property values and the protection of the tax base within the
county.
D. The proposed project will not adversely affect the policy and goals as set by
the general plan.
E. The proposed project will not create a nuisance and/or enforcement problem
within the neighborhood or community.
F. The proposed project as conditioned will not encourage marginal develop-
ment.
G. That special conditions or unique characteristics of the subject property and
its location or surroundings are established.
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CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2023-96
1. Development is approved as shown on plans submitted with the application, received by the
Community Development Department on April 18, 1996 , subject to final review and
approval by the County Zoning Administrator prior to the issuance of a building permit and
subject to the conditions listed below.
2. Hours of operation shall be Monday through Friday. between 8:00 A.M. and 6:00 P.M.
3. The applicant shall show proof that water and sewage service is available prior to the
issuance of a building permit.
4. All signs shall be subject to the review and approval of the Zoning Administrator. No other
outside displays are permitted.
5. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. Noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on state and federal holidays. The restrictions on allowed
working days may be modified on prior written approval by the Zoning
Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition and shall
locate stationary noise-generating equipment such as air compressors and concrete
pumpers as far away from existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary of the
project site notice that construction work will commence. The notice shall include
a list of contact persons with name, title, phone number and area of responsibility.
The person responsible for maintaining the list shall be included. The list shall be
kept current at all times and shall consist of persons with authority to indicate and
implement corrective action in their area of responsibility. The names of individuals
responsible for noise and litter control, tree protection, construction traffic and vehi-
cles, erosion control, and the 24-110ur emergency number, shall be expressly iden-
tified in the notice. The notice shall be re-issued with each phase of major grading
and construction activity.
A copy of the notice shall be concurrently transmitted to the Community
Development Department. The notice shall be accompanied by a list of the names
and addresses of the property owners noticed, and a map identifying the area noticed.
2
D. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
6. The school will require the parents of its students to sign and comply with the Montessori
Family School Traffic Program. A copy of the signed form must be sent to the Community
Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553,
Attn-. Elizabeth Dunn, County File 9LP962023. (Mitigation Measure).
7. The First Unitarian Church of Berkeley must reduce its rental of the church facility and the
building to be used by the Montessori Family School for community functions by 30% with
the addition of the Montessori Family School as a permanent tenant. The church proposed
to increase its rental fees, revise its Facilities Use Policy and eliminate advertising this
facility for wedding purposes. A final version of the Facilities Use Policy as well as the
verification in the reduction of outside groups and the cancellation of the advertising of the
First Unitarian Church of Berkeley for weddings must be forwarded to the Community
Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553,
Attn: Elizabeth Dunn, County File PLP96'023. (Mitigation Measure)
8. The First Unitarian Church of Berkeley will install school signs and speed burnps on Craft
Avenue. The location of the speed bumps, related pavement markings and school signs shall
be coordinated with the Public Works Department of the City of El Cerrito and Contra Costa
County. (Mitigation Measure)
9. The permit is issued to the applicant/owner. the Montessori Family School only, and may
only be transferred after review and approval of the Zoning Administrator.
10. The maximum enrollment of the 1\/tontessori Family School shall be limited to 80 students,
and may only serve kindergarten through Uade six.
11._._ No loudspeakers or amplified music shall be permitted outside the enclosed building.
12. No changes in outdoor play areas shall be made without the approval of the Zoning
Administrator.
13. The development shall be subject to revie\� after a one-year period of the effective date of
the permit to determine compliance with above conditions or what additional requirements
may be needed. The Zoning Administrator may refer the matter back to the Board of
Adjustment for disposition.
3
14. This application is subject to an initial application fee of$2,700.00 which was paid with the
application submittal, plus time and material costs if the application review expenses exceed
120% of the initial fee. Any additional fee due must be paid within 60 days of the permit
effective date or prior to use of the permit whichever occurs first. The fees include costs
through pen-nit issuance plus five working days for file preparation. You may obtain current
costs by contacting the project planner. If you o%ve additional fees, a bill will be to you
shortly after permit issuance.
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL, ADVISORY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORI\TING THE APPLICANT OF ADDITIONAL
ORDINANCE REQUIREI\4:ENTS THAT MUST BE MET IN ORDER TO PROCEED WITH
DEVELOPMENT.
A. Comply with the requirements of the Kensini7ton Fire Protection District.
B. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures.
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Attachment I
LIST OF PROPONENTS AND OPPONENTS FOR MONTESSORI
FAMILY SCHOOL
PROPONENTS OPPONENTS
Tim Herring Joan Nogueda
Wendy Manara Joseph Monroe_
Gertrude Hall Ryan Werner and Julie Parr
Suzanne Leiban Pansy Kwong
Gale Young Mary Ashton
Terry Jones Ralph Stone
New Bridge Foundation Jim Duval and Patty Coluse
Julianne Lindermann and Michael Weinberger John and Marianne Weigel
Michael and Ruth Botchan Jon and Kathleem Beauchamp
James Rogers Paul Taybi
Jay Patterson Betty Grubb
Steven Goldman Bruce Morrow
Lelley Quinn Kenneth and Maxine Woods
Susan Phillips Howard and Doris Gebhardt
Lisbeth Burr Clare Wagner
Donald DePaolo and B. Lynn Ingram Nancy Shafsky
Eleanore Young Nicholas Perella
Kathleen Scott Chie Shan and Yu Ying Lin
Johanna Gladieux Ingrid Werner
Amy Rothberg Margurite and Leonard Hutchings
Thomas and Lillian Sweeney Carl Brodsky
Jean and Robert Cannon Darong and Sherry Chou
Bharati Bhatt Mary'Jewell
Josh Robbins Edythe Campbell
Steven Cohan Christine Keller
Frances Hanna Wadie Amar
Sally Madden H. J. Harrell
Rayne Palmer Faye Bonetti
William McDowell Kathleen Brand
LillianBrandy John and Shirley Samuelsen
Kay Starkweather Margaret and Curtis Jones
Margaret and Henry Cylde
Hans Scheckele
Judith Kunkle (sp?)
2
Attachment 1
REASONS FOR SUPPORTING THE RELOCATION OF THE
MONTESSORI SCHOOL TO THE GROUNDS OF THE FIRST
UNITARIAN CHURCH OF BERKELEY
1) good school
2) asset to community
3) good use of space
4) church would be less reliant upon outside income
5) good private elementary school option
REASONS FOR OPPOSING THE RELOCATION OF THE
MONTESSORI SCHOOL TO THE GROUNDS OF THE FIRST
UNITARIAN CHURCH OF BERKELEY
1) increased traffic
2) increased noise, pollution, litter
3) road deterioration on Cowper Avenue, Highland Blvd., Arlmont Drive, Margarita Drive,
Kenilworth Drive, Lawson Road, Kensington Court and Kensington Road
4) increase congestion and decreased quality of life
5) who pays to install speed bumps, signage, pavement markings to better control the church
traffic (and by implication, the additional traffic generated by the school which would
compound the existing traffic problem) ?
ATTA1'HMENT 2
Page l of 2
Abrams Associates
Transportation Traffic Engineering • Planning
May 13, 1996
Ms. Jane Wechsler
Montessori Family School o `D
M.
1850 Scenic Avenue
M.
_
Berkeley, CA 94709
o --
Re: Traffic Study of Montessori School o
Dear Ms. Wechsler: rn < tv
In response to your request, and at the suggestion of Contra Costa County C—n ;?
Community Development staff, we have conducted a traffic study of your proposed cn
Montessori School in Kensington. This letter summarizes the results of our study.
Tvip Generation. The school is located in Lhe F irst Unitarian Clhurci7 of Berhelay
at One Lawson Road in Kensington. A school of one kind or another has operated in this
Church for almost 20 years. It is anticipated that there will be an enrollment of about 70
students during the first few years of operation. The school will have a maximum allowable
enrollment of 80 students.
With 70 students, using ITE trip generation ratesl, for a typical school with no
special carpooling arrangements, it is expected that there would be 32 trips in and 24 trips
out(56 total vehicle trips)during the highest hour of school activity. This would typically
occur in the morning between 7:30 and 9:00 AM. These trips would all come into the area
from various connections to Arlington Boulevard, and would then be split among one or more
local streets to get- to the school. These streets would include Lawson, Arlmont, Cowper,
Highland, and Craft(in EI Cerrito). All of these are residential streets, with many being
quite narrow-and winding. The majority of the trips to the school will come from the south
towards Berkeley,because this is where the majority of the students reside.
Traffic Impacts. This amount of traffic, while it would be noticeable to residents
on these streets, is well below the typical standards that would constitute a measurable
traffic impact. In Contra Costa County, traffic studies are required of projects which
generate more than 50 trips during the peak hour through a signalized intersection. There
are no signalized intersections in this area that would be so affected. In fact, given the split
of traffic between different routes, there is no one major intersection where the change in
traffic would be greater than 10 vehicles per hour. This project, therefore, does not
constitute a potential traffic impact. It could, however,result in local residents perceiving a
land use/safety probiem on the affected streets in the nearby neighborhoods.
Other Changes at the Unitarian Church. As a result of opening the Montessori
School, the Church intends to reduce rental of the facility to the general public by about 30
percent. This will in turn reduce the traffic volumes generated by special events and private
functions. The result will be that on a 24 hour basis, the total traffic volumes in and out of
the church site will be reduced.
l Trip Generation - An Informational Report, 5th Edition, Institute of Transportation
Engineers, Washington, D. C., 1991
2815 Mitchell Drive, Suite 120 • Walnut Creel<, CA 94598 • (510) 9115-0201,
Y 2 of
Abrams Associates*
Page 2
Traffic Study -Montessori School ^f ><<• ^ TrafficEng7nccAng Planning
Traffic Mitigations. While not mandated to do so, the school has proposed to
limit the number of vehicle trips to and from the school by requiring the use of carpools, and
by the use of it's shuttle van. This has been made a condition on the parents of the school
children. In addition, the particular routes that will be followed has also been made a
condition so that the number of vehicle trips can be split among several streets, to reduce
the total impact on any one street. With these conditions, the traffic volumes will be no
more than 18 vehicles entering the school, and 15 vehicles leaving the school during the AM
peak hour. With the control of specific routes, the impact on any one street will be no more
than 5 to 6 vehicle trips per hour.
As a part of this traffic study, we have looked at the need for special measures to
improve the traffic safety of the neighboring residential streets. These have included the
possibility of using speed bumps or undulations, additional signing, and revised pavement
markings. Our review has shown that the typical warrants for speed bumps or other traffic
control devices are not met. The additional traffic volumes will be very low, the streets are
quite narrow (particularly Craft), and problems with speeding will not be increased as a
result of the Montessori School. New signing would not be necessay or effective.
Summary and Conclusions. The Montessori School could be expected to generate
up to 56 vehicle trips(32 in, 24 out) during the peak hour under normal circumstances.
With the conditions that will be imposed on each of the students, the number of trips will be
limited to about 18 vehicles per hour entering and 15 leaving the school. Further, through
the use of controls on the streets used by the parents, the traffic impacts will be fairly
distributed among several streets. This will reduce the traffic impact to reasonable levels.
We would recommend that the continuing use of this parent agreement be made a
condition of use by the school. Traffic on the various streets approaching the school should
be monitored by the school after the school opens. Should the number of trips generated by
the Montessori School on any street be excessive (say greater than 10 vehicles per hour),
then steps should be taken to make adjustments to reduce traffic as necessary.
It is our pleasure to be able to assist you on this project. Please let me know if there
any questions or comments regarding the study.
aS* eely yours,
Charles M. A rams
Principal, Abrams Associates
Registered Traffic Engineer CA#1417
. I.vl1 ,ILVILCJJVI 1 1-dl❑11y JGIIVIJYYSUfVt 1`UJ. DIU G.-Id Z-J`D33 Play. 14 lyy6 03:23PI9 P1/2
ATTACBMENr 3
Page 1 of 2
MONTESSORI FAMILY SCHOOL _
1650 Scenic Avenue • 1,3101 5-45.2322 222c1 Cedar titreet • (510)8*8-(tl()1
bork l;•_., Yliiomia 947o9
v v
May 13, 1996
Dear Parents:
In order to make sure that traffic is not an imposition on the surrounding
neighborhood of the Unitarian Church in Kensington we are asking you to
abide by the traffic program instituted by the Montessori Family School.
Out traffic program asks that parents who absolutely need the van shuttle
service use that service. It further asks that other parents carpool. Older
children are also encouraged to. take the #7 bus which stops on the
Arlington near the church. A teacher has offered to meet the children at
the bus stop on Shattuck Avenue near Hearst and ride the bus with them.
The school estimates that approximately 5 students will take the bus, 12
wi11 need to use the shuttle and the other 63 will carpool, approximately 3
per car. We know that some cars will havepore and some will have less.
Like many other schools, we need to submit this traffic plan and follow it
in order to get a use permit to use the site and not have a negative impact
on the surrounding community.
We are enclosing an agreement form that we are asking you to sign so we
can guarantee the County at our use permit hearing that we, as a school,
are willing to enforce the traffic program that we have designed, so the
neighborhood isnot adversely affected.
Thank you for your cooperation in this matter. It is greatly appreciated.
Best regards,
Jane Wechsler, Director
`.Thi l?!>J_'i( of a AlwliiS$.v; EQUCz;:i:`, .. 1
t N,uf l•: f9 a�tes�c r i Family S c);oo l� PHONE 1•10. 510—843 8333 May. 14 1996 03:15PM P2/2
Page 2 of 2
�ci 1•aigi�_f
�y5
MONTESSORI .FAMILY:' ,SCHOOL
1850 Scenic Avc>nu; • (510� ;48-2:322 >L20 Cedar;ivul • t510)949-0101
c° tCrkcic)•, California 94709
ripn FOK
This is a letter of agreement between (parents)
and the Montessori Family School to abide by the Montessori Family
School Traffic Program_
We appreciate your cooperation in this matter.
Signed
Dated
Jane 'Wechsler, Director
The C?+%;cct of a i\fa;(r_sar EcUulliwn i; 1"'o) Pca�e.
ATTA(BMM 4 Page 1 of 10
First Unitarian"Church of Berkeley
1 Lawson Road, Kensington, CA 94707
April 30, 1996 0 �o
;T1. Ui
m c7 �• o
Contra Costa County CD = —
Community Development Dep �' o
Dept
651 Pine Street ={ o
Martinez, CA 94553-0095
N
Attention: Elizabeth Dunn, Planner —'
Re: File # LP962023
Dear Ms. Dunn;
The First Unitarian Church of Berkeley believes that leasing the Religious Education
building for weekday use by the Montessori Family School is the most appropriate use
of our facility. After much discussion and study, we came to that conclusion based on
three major factors:
that there is a community need for educational facilities,
that this kind of daytime use conforms with the historical use
of our premises,
that by shifting the emphasis of our rental policy from evening and weekend
use to an established pattern of day use, we would minimize both the burden
on the facility itself and periodic, congested traffic in the neighborhood.
The community need seems well established. A two-story, eight-classroom educational
building, in a park setting with ample parking is extremely scarce. We have had
numerous requests to lease this site for a day school. The Montessori Family School's
enrollment includes a substantial number of children who live in the immediate area,
and their total enrollment comes from the same service area as the membership of our
church.
Historically, our facilities have been dedicated to educational purposes. The Religious
Education building was leased from 1977 until 1987 to a private elementary school.
Additionally, Skytown Preschool was established in 1977 and is still operating in our
Nursery School building. Both schools were granted a use permit and the report
recommending the Skytown Land Use Permit concluded that: "Daily school and child
care use within church facilities is an excellent multiple use of property ...."
i n�C G UL LV
Dunn 2
Re: Vile # LP962023
The major concern of the neighbors of the church, particularly on Craft Avenue, seems
to be the traffic impact. We share that concern and think that a day school gives us an
opportunity to change the traffic pattern and relieve some of the congestion.
During weekdays, our experience is that Craft Avenue is not congested with parked
cars and there is very little traffic to the church or in the neighborhood. However,
during the evening and on weekends, the traffic in the neighborhood and the impact on
the church can be quite severe because of the combination of church related functions
and various rentals. It is not unusual to have as many as five to six hundred people
come to church during a weekend for worship services, ceremonies, fund raising
events, concerts and meetings. Given that most people arrive in the half hour before an
event and that for each event as many as 150/200 cars come into our parking lots, any
reduction in the number of events would benefit both the church and the
neighborhood.
We have enclosed a copy of a Rental Use Study that we did for the last calendar year.
It shows that we rented space for 285 events in 1995 with a total attendance of 21, 588.
Almost all of this use occurred during the evening and weekends, and added to the
impact of our normal church use. Our goal is to reduce our rental of the facility to the
general public by 30`Yo. With the Montessori Family School as a permenent tenant, the
church is in a much better position to achieve this goal. To that end, we are in the
process of:
Increasing our rental fees to be among the highest in the immediate area.
Revising our Facilities Use Policy (see copy attached) to make even those rentals
our fourth and fifth priorities.
And dropping our wedding advertisement in the yellow pages.
Additionally, the church would support and assist in the installation of school signs
and speed bumps on Craft Avenue.
For the past 32 years, our church has been dedicated to being a community resource.
We have maintained significant acreage in a park-like setting, open and enjoyed by the
neighborhood. We provide a place to vote and are in the process of establishing a
disaster relief center. First and foremost, we are a neighborhood church providing a
place for worship, music and education. The use of our educational facility by the
Montessori Family School befits our purpose.
In Faith
im Burneo
President
Board of Trustees
Page 3 of 10
RENTAL USE STUDY 1995
Weddings Memorials Community Rentals
# # It # # # Total
Events Attendees Rehearsal Events Attendees Name of Uses Attendees Attendance
1 300 yes 1 100 Kensington Symph.
1 300 1 100 Rehearsals 45 60 2700
1 300 yes 1 75 Concerts 5 150 750
1 300 yes 1 70 Tibetans 2 300 600
1 250 yes 1 100 U.C.Wives 1 250 250
1 250 yes 1 100 Concert 1 150 150
1 250 yes 1 100 Fund Raiser 1 250 250
1 250 yes 1 50 Private Party 1 100 100
1 200 yes 1 20 Retirement Party 1 200 200
1 200 yes Conference 1 400 400
1 200 yes Yoga 52 10 520
1 150 A.A. 52 10 520
1 150 Quilters 12 250 3000
1 150 yes C.C.Chorale
1 150 yes Rehearsals 4 60 240
1 150 yes Concerts 4 250 1000
1 150 yes Fathers Forum 1 10 10
1 150 yes Gospel Choir 1 200 200
1 150 yes P.S.R.Grad. 1 200 200
1 150 yes Bay Area Pianist 9 125 1125
1 150 yes Aquarium Min. 5 400 2000
1 150 yes Recital 1 50 50
1 150 yes Fund Raiser 1 250 250
1 150 yes Guild Psyc.St. 1 50 50
1 150 yes Ed. Foundation 1 400 400
1 125 yes
1 100 yes
1 100 yes
1 100 yes
1 100
1 100 yes
1 100 yes
1 75 yes
1 50 yes
1 50 yes
1 35 yes
1 30 yes
1 25
1 10
1 8
40 5,908 33 1 9 7151 1 203 14,965
Total Use 285
Total Attendance 21,588
Page 4 of im
,,CILITIES USE POLICY
SCHEDULING
a. - All requests for use of facilities will be scheduled
directly by the Resources Coordinator.
b. A tentative reservation will hold the space for one week.
Then, where applicable, a payment for half the full
amount of any fees must be made and the agreement signed.
The agreement will be maintained on file by the Resources
Coordinator with copies to the appropriate assistant or
event host.
FEE TABLE
a. The Fee Table for the use of church facilities by outside
non-profit groups and ceremonies for individuals shall be
established by the Board of Trustees during the March
meeting of each year and at such other time throughout
the year as necessary.
b: The FU.CB staff shall prepare at least one analysis of
facilities ' use and the Fee Table for the Board of
Trustees by March of each year.
CHURCH EVENTS
Our church events have priority for the use of space, provided
that space is . requested with adequate notice.
a. IARF, PCD, and Interfaith groups to which the church
belongs may schedule committee meetings at no charge if
space is available, with the exception of unusual
First Unitarian Church of Berkeley
April 3, 1996 draft
f Page S of 10
Facilities Use Policy: Proposal
April 3 , 1996
Page 2
1 custodial expenses . Each of these groups may have one
2 large event annually at no charge .
3 b. In-house events sponsored by recognized church committees
4 or the Board of Trustees will be scheduled if space is
5 available at no charge with the exception of late hour
6 custodial costs.
7 1) The sponsoring committee will bQ responsible for
g hosting the event, as well as arranging opening,
9 setup, putting things back in place, cleanup and
0 closing. It is the responsibility of the committee
1 to arrange for its own dishwasher should one be
2 required.
3 2) The committee hosting the event shall submit a
4 Request for Custodial Support to the Sexton one
5 week prior to the event whenever possible. This
6 sheet will include a Custodial Cleanup Transfer.
7 3) Church equipment is available for use by committees
8 for in-house events on a first-come, first-served
9 basis. Requests for equipment shall be included on
0 the Request for Custodial Support.
1 4) A Kitchen Cleaning Checklist will be used by the
2 committee, or clean-up person designated by the
First Unitarian Church of Berkeley
April 3, 1996 draft
-
Page 6 of lu
C'
acilities Use Policy: proposal
.pril 3 , 1996
'age 3
committee, to be certain that the dishes and other
clean-up jobs are adequate.
5) When the items on the checklist are completed the
person designated for clean-up by the committee
will sign, date and return it to the Sexton. The
dishwasher shall not be paid by the committee until
this checklist is signed and returned.
6) If the committee fails to fulfill its clean-up
responsibiliity adequately, the Custodial Cleanup
Transfer will be filled in and the committee billed
for additional costs of custodial cleanup.
7) Coffee preparation and setup along with the busing
and washing of cups and urns after the event is the
responsibility of the committee.
Second priority is for significant rites of passage for church
members and their immediate families such as memorial
services,, weddings, child dedications and wedding
anniversaries .
a . Charges for these events, except for Memorial
Services will be determined by the use of a sliding
scale based on the number of years a person has
been a Fair Share member. The scale shall be:
First Unitarian Church of Berkeley
April 3, 1996 draft
Page 7 of 10
acilities use Policy: Proposal
pril 3 , 1996
age 4
Year 0 - 1 Full Charges
Year 1 - 2 80% of Full Charges
Year 2 - 3 60% of Full Charges
After Year 3 $50. 00 plus custodial late
charges
b. For church members and their immediate families,
there is no charge for Memorial Services, other
than for musicians and clean-up.
Third priority for space use is for outside nonprofit groups
sponsored by a church committee.
a. All outside groups sponsored by a committee shall pay 50%
of the prevailing room use fee subject to the approval of
the Board of Trustees. Any request for this rate shall
be made in writing to the Board of Trustees with a
supporting letter from the sponsoring committee.
b.. The sponsoring church committee will be responsible for
hosting the event. This includes opening, setup, putting
things back in place, cleanup, and closing.
> . Fourth priority is for significant rites of passage for
nonmembers such as memorial services, weddings, child
First Unitarian Church of Berkeley
Aprit 3, 1996 draft
Page 8 of 10
acilities Use Policy: Proposal
pril 3 , 1996
age 5
dedications and wedding anniversaries. Nonmembers shall pay
the amount listed in the Fee Table For Community Events.
Fifth priority for space use is for outside non-profit groups
with tax exempt status.
a. These groups shall pay the current rate as set down in
the Fee Table.
b. All such groups shall. be asked to sign a facilities use
contract that will include a clause releasing the church
from liability. Proof of insurance with a rider covering
the church may be required.
Sixth priority for space use is for practice time on the organ
or pianos requested by individuals and for recordings.
a. All requests for practice time on the organ or pianos by
individuals must be approved by the Music Director. No
tuning of the organ or pianos shall occur without the
approval of the Music Director.
b. Individuals and/or groups shall pay the current rate for
practice time or recordings as set down in the Fee Table,
Schedule B, as approved by the Board of Trustees.
First Unitarian Church of Berkeley
April 3, 1996 draft
- 9of10
UNITARIAN CHURCH OF BEC,.LEY `
1 ROAD , KENSINGTON, CALIFORNIA 94707
-0302 fax (510) 525-9631
FEE TABLE FOR COMMUNITY EVENTS
minim n of two (2) hours.)
ESCRIPTION First 3 hours Second 3 Each hour lOpm-
(Room capacity) hours thereafter Midnight
:tuary/Atrium 200 . 00/hr 150. 00/hr 100. 00/hr 400. 00/hr
(400/150)
-ium/Terrace 160. 00/hr 120. 00/hr 80. 00/hr 320. 00/hr
(150/90)
ocial Hall 140 . 00/hr 105 . 00/hr 70 . 00/hr 280 . 00/hr
(300)
al Hall/Stage 190 . 00/hr 145. 00/hr 95 . 00/hr 380 . 00/hr
(300)
reside Room 125 . 00/hr 95. 00/hr 65 . 00/hr, 250. 00/hr
(100)
;afir Room 40 . 00/hr 30. 00/hr 20 . 00/hr 80. 00/hr
(45)
ference Room 35. 00/hr 30.00/hr 20. 00/hr 70. 00/hr
(30)
itation Room 30 . 00/hr 25 . 00/hr 15 . 00/hr 60 . 00/hr
(25)
Kitchen 60 . 00/hr 45. 00/hr 30 . 00/hr 120. 00/hr
AVAILABLE CHURCH EQUIPMENT:
ales/Chairs ' Staff operator required for the following items.
ander 50 people 25 . 00 Light Board. 50 . 00/hr
50--100 people 50. 00 Light Board Operator 30. 00/hr
L00-250 people 100 . 00 Sound Systems: Sanctuary 25.. 00/hr
Dver 250 people 150 . 00 Social Hall 25. 00/hr
/VCR 25 . 00 Sound System Operator 20 . 00/hr
:�rhead Projector 25 . 00 Video Projector 50. 00/hr
ide Projector 15 . 00 Video Operator 30 . 00/hr
JG DEPOSIT: 100 . 00 will hold a time-block for one_ week
nonrefundable, but is applied to the total cost
[TY DEPOSIT: 200 . 00 refundable if facilities are left in the condition
found at the beginning of the event -_-
]TES:
Any changes requested after the booking agreement has been signed witl result in a charge of S25.00 per change
up to ten (10) days prior to the event. If changes are requested after that time there wit( be a charge of
550,00 per.change and are dependent upon the avai(abitity of space, staffing, facilities and equipment.
Additional charges at least equivalent to the minimum fees for rooms used will be assessed should the premises
not be vacated at the scheduled time.
Under no circumstances should anyone other than church staff remain on the premises after midnight.
Apr iL 4, 1996
Page 1-0 of 10 .
RST UNITARIAN CHURCH OF BERKELEY
LAUSON ROAD KENSINGTON, CALIFORNIA 94707
1) 525-0302 fax (510) 525.9631
FEE TABLE FOR COMMUNITY EVENTS
SCHEDULE B
1 individuals/groups requesting practice time using the FUCB
gan or pianos exclusive of scheduled events such as weddings and
morial services must be approved by the Director of Music.
es for practice time: $5 . 00 per hour
e of FUCB facilities for recordings is dependent upon the
ailability of space, equipment, staff and previous scheduling
mmitments. Due to general church activities it is not
commended that recordings be scheduled- between 8 am - .11 pm.
es for recording time: 11 pm - 8 am $75. 00 per_ hour
8 am - 11 pm Determined by the
Resources Coordinator,
Director of Music and
the Music Committee.
v
First Unitarian Church of Berkeley
April 3, 1996
5
Page of 8-
fFehr& Peers Associates, Inc.
Transportabon Consultants
3685 Mt Oiabto Blvd
Suite 301
Lafayette,CA 94549
510 284-3200
FAX 510 2842691
July 12, 1996
Ryan Werner i
803 Craft Street
El Cerrito,California 94530
Re: Initial Traffic Stat y --
Montessori Family School LP #962023
Dear Ryan:
As requested, Fehr & Peers Associates reviewed the transportation inipli ations of the
Montessori Family School proposal to include an 80 student. school at the First Unitarian
Church located at the Kensington/El Cerrito border, Our review is based on fiel`I observations
and documents listed below (provided as attachments to this letter). A detai d discussion
which led to the recon-anendations and findings in this letter is also attached. `
i
First Unitarian Church Rental Use Study l
First Unitariatt Church April/96 Event Calendar
Memorandum from Jane Wechsler to Elizabeth Dunn dated April 15, 19
Letter-report.from Abrams Associates to Sane Wechsler dated May 18, 1 96
i
Recommendations
Based on preliminary findings, we reco?nmend the County require a formal tra to study prior
to approving the Montessori School.The letter prepared by Abrams Associates i not sufficient
in scope to address the likely traffic impacts.The study at a mirdmum should c early address
traffic impacts and mitigationmeasures at:
Craft Street, j
Cowper Avenue,
Arlington/Terrace intersection:, and
Arlington/Cowper intersection.
The traffic study should,also address the implications of the Montessori Fanuly School traffic
on the Kensington Hilltop Elementary School. The element ry school implemei s daily traffic
flow modifications, during the morning and afternoon, in the neighborhood to i, prove student
safety. These modifieatioris may be inconsistent with the Montessori School tr, is patterns.
Mitigation measures should consider the taee.d and appropriateness for neighb rhood traffic
calming devices such as speed humps. Sight. distance improvements may be ppropriate at
Cowper Avenue. Lane channelization(pavement delineation) along portions of errace Dave
and Cowper Avenue may also be appropriate to better channelizo,traffic on rhes narrow roads.
yH
!]T T 111
rage Z of 6
Fehr 6 Peers Assodatts
Ryan Werner
July 12, 1996
Key Fhufings r
Our findings consider only the Montessori School.student travel. Staff, visitor;and delivery
traffic is not considered in our findings.
• According to church records, the church had 285 wedding mc-morial an community
services in 1995.Combined with religious services and the existilrg pre-s(hool,church
facilities are utilised most every day of the year.
• The 80 student Montessori School would generate about 101 vehicle trips(51 inbound,
50 outbound) during the morning peak hour between 8:00 and 9:001im. The six
teachers/administrators would arrive prior to 8:00 am. Similar characteristics would
repeat in the afternoon between 3:00 and 5:00 pm.
• About 75 percent of the students would arrive from the south via Arlin ton Avenue.
The remaining 25 percent would arrive from the west via Moeser Lane : d the north
via Arlington Avenue. {
• 80 to 90 percent of the traffic from the south would use Cowper Avenue o access the
site via Lawson Road. The remaining 10 top 20 percent would use Teri.ace Drive-to
access the site via Craft Street.
Outbound traffic would gravitate toward Craft Street because(a) the sch 1 site would
be located at the north end of the church and (b) left turns are illegal ito Arlington
Avenue from Cowper Avenue.. r
The Montessori School would increase traffic on Craft Street six-fold'during three
hours of the day (8:00 to 9:00 am, and 3:00 to 5:00 pm). Craft Street r sidents will
notice the impact and it will impact their daily activities.
• The Montessori School will increase traffic at two unsignalized inter',ections with
Arlington Avenue.At.Terrace Toad, traffic«could increase about 60 peak iour trips. At.
Cowper Avenue,traffic would increase about 75 peak hour trips.
Mir Peens Asqidp'�jj�' Pale i
=T. Tif :�H71�
Page 3 of 8
Fehr&Peers Associates
i
Ryan Werner
July 1.2, 1996
Should you have any questions or comments,please do not hesitate to call,
Sincerely, r
FEHR Fez PEERS ASSOCIATES,INC.
Robert Rees, P.E.
Associate
Attachments Detailed Discussion
First Unitarian Church Rental Use Study
First Unitarian Church April/96 Event Calendar
Memorandum from lane Wechsler to Elizabeth Dunn elated April 1 f 1996
Letter-report from Abrams Associates to Jane Wechsler dated May 8, 1996
/961-923
y
1,c hr Peers Associoles, Inc. • pag'-
I .
I
I
age 4 of 8
Fehr 6 Peers Assodams
i
Ryan 'Werner
Tut}• 12, 1996
i
Detailed Discussion
Existhig Activities
The First Unitarian Church of Berkeley is typical of most churches providing reli 'ons services
and other church-related activities to its congregation, wedding and memorial services and
community services through building rentals. A Rental Use Study conducted b the Church
shows that the church accommodated 285 wedding memorial and com inunity ser ices in 1995:
Number of Average
FuLlction Attendarice
weddings . . . . . . . . . . . . 40 . . . . . . . . . . . . 150
Rehearsals . . . . . . . . . . . . 33 . . . . . . . . . . . . . --
Memorials . . . . . . . . 9 . . . . . . . . . . . . . 80
Community Rentals 203 . . . . . . . . . . . . . 75
Combining these services with the church's religious services and existing pre-school activities
shows that the church facilities are utilized most every day of the year. This is c nsistent with
the April 1996 event calendar showing at least wo activities each day in April.
Almitessori School Trip Generation
The Montessori Family School is applying for a use permit for an 80 student scli'ol; however,
70 students are anticipated for the 1996/97 school year. Trip generation estimalts should be
based on school buildout. According to Montessori School representatives, then' students are,
anticipated to arrive between 8 ant and 9 amt via private car, public transit d a school-
sponsored shuttle bus as follows:
r
Travel Mode Children Vehicles
Shuttle Van . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . 1
- Public Transit . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . 0
Carpools 63 . . . . . . . . . . . . . 21
Source:Jana Wechsler memorandum dated April 15, 1996
The average carpool size has been estimated at 3 students per car. This is ca sistent wi.tb
SChool Survey data collected in other co1111 unities; however, the school.represei tatives made
an assumption that all children would arrive via carpools.This is a laudable goal; owever,it is
unrealistic to assume this goal for analyzing traffic impacts. Based on etperienc with similar
schools, a more realistic mode share.tuou.ld be to assume that 25 percent of the c ildren arrive
via carpool.
Using the revised mode.share data, it is realistic that the 80 student Montessori -hool would
generate 101 vehicle trips (51 inbound, 50 outbound) during the morning; peaAk—our between
8:00 and 9:00 ain. The trip generation results are sunimiarized in Table 1.
Fehr& Tie,I's Ar.Yo ares, 111c. L c7�e 1
it
{
7,7:Fi T ::�I 71 11-11-
Page 5 of 8
fTFehr 6 Peers Assodates
Ryan Werner
Jule 12, 1996
t+
Table 1
Montessori School ..
Recommended Trip Generation
AM Peak Hour (8:00 to 9:00 am.)
Vehicle Trips
'Navel Mode Person Trips Total In Out
Shuttle Vatl 12 1 1 0
Public Transit S --
Drive Alone 43 86 43 43
Carpool 20 14 7 7
Total 80 101 51 50
Vehicle occupancy for carpools assumed to be 3 children per car.Twenty-five percent of the total itudent body
was assume to arrive by carpool.
Vehicle occupance for drive alone assutued to be 1 child per car.
Staff,visitor,and delivery related traffic is not considered in this table.
it
Montessori School Traffic Assignment
The Montessori School representatives state that about 75% of the traffic wil arrive via
Lawson Road. The remaining 25% would arrive via Craft Street. This assigntint may be
realistic today; however, in future years it is likely that she student populatiol will shift
northward increasing the use of the Craft Street access.Other reasons for considers g the Craft
Street access include--
-- I
(1) Craft Streetis straight with minimal grade.
(L) The school site is locate adjacent to the Craft Street church access.
(3) The church is considering a diverter on their property to reduce ve iiele speeds
between Lawson Road and Craft Street. This could shift traffic o the Craft
Street entrance.
The primary corridor passing through the area is Arlington Avenue. The cur nt student
population reside in Berkeley and so a significant number of drivers would us Arlington
Avenue froth the south.
School representatives suggest drivers will use Lawson Road as the primary cress and
disperse equally over four streets including Arlmont Road, Cowper Avenu Highland
Boulevard, and Kenilworth Road. These roads are narrow, difficult to ne tiate, and
circuitous to the church site. On-street parking severely restricts vehicle spe ds and the
Fehr..S Peers.4ssociates, Inc. Page
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i
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Fehr&Peers Asscdates
Ryan Werner
July 12, 1996
Winding nature of these facilities limits travel speeds to about 15 mph. Left-tui a egress from
Cowper is prohibited.Highland and Kenilworth intersect Arlington Boulevard t acute angles
malting turning maneuvers difficult.
Based on observations made one morning, it appears that the Cowper Avenue orridor is the
most popular access to .Lawson Road and the, church site. The next most pular access
corridor is Craft Street.Drivers were noted malting illegal left-turns from Cowpe Avenue onto
Arlington Avenue.These drivers may or may not be associated with the church.
Drivers on Arlington Avenue can maintain speeds of about 30 mph and access tI Le Craft Street
church entry via Terrace Drive in the City of El Cerrito. Terrace Drive like the tlrer streets is
narrow, winding and steep. an the other hand, Craft Street is straight has good sight distance.
and a slight grade of about 2 percent.
y
Based on my field investigations,it is my experience and judgement that 80 to 9 percent of the
traffic froz-i the south would use Cowper Avenue,The remaining 10 to 2.0 pert 3nt would use
Craft Street via Terrace Drive. Traffic from the west and north would all use raft Street via
Terrace Drive.Applying these splits to the 75/25 percent distributions suggeste by the.school.
representatives leads to the following traffic assignment:
65% use Cowper Avenue to Lawson Road.
35%use Terrace Drive to Craft Street,
Because the left-torn at Cowper Avenue is illegal and the school site is located on the north side
of the church site,the outbound split would be directed more toward Craft.Street. To simplify
matters, the reverse could be assumed for outbound traffic (i.e., 65%n use Crafl and 35% use
Lawson).
Montessori School Traffic Impacts
The proposed Montessori School is anticipated to impact two transportationacilities. The
- traffic is likely to be focused on two corridors (1) Cowper/Lawson and (2) errace/Craft
- Traffic impacts are also a potential concern at the Arlinbton/Maeser/Terrace inter ction and the
Arlington/Cowper intersection.
Craft Street Traffic Impacts
r
Craft Street is a residential street providing access to about 16 homes and the First Unified
Church of Berkeley. Assuming nominal church activity during the monuing, ypical traffic
levels on Craft Street would be about 10 vehicle trips. With the proposed scho l,'the level of
traffic would increase to about 60 vehicle trips each morning. Similar conditioi Is would exist
LI
during the afternoon; although thetrips would be.dispersed over a one to two ho ir period.
This level of traffic will be noticed by residents. The Ievel of traffic is below ,S,pical" street
capacity standards; however, the additional traffic(a 6 fold increase during a two to three hour
period each day) will definitely be noticed by residents and impact their dl.ily lives. For
e'xarriple:
Fehr Pecfsy AsSociores, Inc Pugh
i
Page 7of8
Fehr&Peei s Associates
Ryan Werner
July 12, 1996
- Sidewalks are not provided on Craft Street to separate residential/pedestri ui activitic s
from the motor vehicle traffic.
- Because Craft Street is straight,there will be a propensity for drivers to tra el.at higher
speeds than on other more winding roads.
Similar traffic impacts would occur on Cowper Avenue with the added impact ass ciated wit i
potential illegal left-turns from Cowper to Arlington.
ArlingtonlMoeser/Terrace Intersection Impacts
This intersection is STOP controlled at Moeser Lane and Terrace Drive.The STOP controlle
approaches are off-set, making intersection operations difficult. Drivers or Arlingto ri
Boulevard are not required to stop which compounds traffic operations. There is a publ'
transit bus stop at the northwest corner of the intersection.Sidewalk facilities at the intersectio
are discontinuous.
Children using the public transit system and walking unsupervised from the tr, Isit stop at
Arlington Boulevard to the Montessori School would not be a safe practice. T ae school's
suggestion that an adult supervise children to/from the bus stop is appropriate; alt iough,how
would the adult know when to meet each child?And what if the adult can not walk Detween the
bus stop and school site quick enough to meet the next bus? These questions need to be
considered.
A brief review of the accident history at this intersection identified seven right-of way related
accidents in the last three years.The additional traffic resulting from the proposed Montessori
School will increase the potential for vehicle conflicts at the intersection. This traf-.rc will also
increase vehicle delay from Terrace Drive possibly resulting in vehicle queues bacl 'ng into the
curve.The extent of this delay and the impact on safety needs to be considered. .
At-lingtort/Coil,perintersection Inipacts M
This intersection is located on the inside of a sharp corner. Sight distance is restricted. Left
turns out of Cowper Avenue and onto Arlington Avenue are prohibited; however,drivers have
been observedmaking the movement. Additional traffic attracted to the area ill further
compound this situation.The impact needs to be addressed in a study because m re than half
the project related traffic is anticipated to use the Arlington/Cowper intersection.
Peer Review
There are several.components to the letter-report from Abrams Associates whic should be
reconsidered in a subsequent traffic study.
• The use of ITE Trip Generation rates is not appropriate for the Montes.y)ri School.
Schools are generally located in neighborhoods And a significant numbe ,of students
can either ride their bicycles or walk to school, reducing vehicle trip gei eration per
student. The proposed school expects to attract.Berkeley residents who fiR need to
transport their children via motor vehicle,
Fehr S Peers Associates, Inc:. Page d
y
• Page 8 of 8
Fehr&Peers Associates
Ryan Werner
July 12, 1996 y
• The letter-report states that traffic studies are only required in Contra Costa County
when a signalized intersection is impacted by 50 or more trips. This condition is
required as part of the County's Growth Management Element. This does not preclude
the County from requiring a study in an area that does not have signalized intersections.
• The assumption that all drivers will be equally split between the five stre is intersecting
Arlington Boulevard is not appropriate.Drivers have a tendency to use he most direct
route to access their destination. Driving the area streets,it is apparent t at the Cowper
/Lawson and Terrace/Craft corridors will be the most popular access tot ie church.
• The letter-report makes reference to the church reducing rental use in th evenings and
weekends if the proposed school is approved. The report further con ludes that this
will result in no change in overall traffic on a 24-hour basis. This infoi mation should
not be considered in a traffic study unless the school is replacing alread existing uses.
Controlling rental use is extremely difficult to enforce and eliminating ome uses like
Yoga and AA would have a negligible affect bn traffic. Because the s,,hool operates
during the day, buildings in. the, evening would continue to be avail ible for rental
income and/or other church-related activities.
Y
■ With respect to traffic mitigation proposed in the letter-report. The We of a 12-seat
shuttle van is an excellent idea that should be a condition of approval however, tbi.s
mitigation is unenforceable and their is no guarantee it will be,utilized. F r the van to be
effective, the seats need to be reserved and free to users. Costs need to t e incorporated
into the tuition costs for the entire student population.
Requiring parents to carpool and use specific streets to access the school is not a
practical mitigation measure. Drivers, over time,will gravitate.toward I he most direct
and easiest route which, in this case, is Craft Street.
• The letter-report makes reference to studying other traffic control me: sures such as
- speed humps, signing and pavement delineation. It is unclear whether not the study
addressed traffic impacts at the Axlington Avenue/Terrace Drive and Ar' ngton/Cowper
intersections. The majority of project-related traffic will use these in rsections and
traffic impacts, if any, should be.identified.
With respect to speed humps, the City of El Cerrito has developed creria for speed
hump installation, Seven operational and five geometric criteria have e-n identified.
Craft Street appears to meet all but. one of the operational criteria nd all of the
geometric criteria. Speed characteristics are unknown on Craft Street. urveys would
be required during a church function to ascertain the speed characteristic and detern..iine
whether or not the last criterion is met.
• The letter reports makes refeitrice. to a "condition of approval" tl at should the
Montessori School. traffic exceed W vehicles per hour on any street th i steps should
be taken to make adjustments to reduce traffic as necessary. (My initial 3tUdy sufests
that this condition will be m
et on Criift Street, Terrace Drive, Lawson Road, &`w- per
Avenue and Arlington Avenue.)
Fehr d Peers llscociare.s. Inc. Page S
0T 7+6` T -l1-If i=•L•T '.__i_, =;;J_��
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Page I of 1
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: June 28, 1996
TO: Liz Dunn, Redevelopment Division
FROM: Steven L. Goetz, Transportation Planning Divisi
SUBJECT: Montessori School in Kensington
I have reviewed the May 13 , 1996 correspondence from Charles Abrams
on the subject project for the purpose of determining if a traffic
study is required to meet the growth management provisions of
Measure C-1988 (see attachment) . Any project generating 100 or
more peak hour trips is subject to the Measure C-1988 traffic study
requirements that were prepared by the Contra Costa Transportation
Authority.
The trip generation calculation used a peak hour trip rate from the
Trip Generation manual prepared by the Institute of Transportation
Engineers, the source recommended by the Contra Costa
Transportation Authority. Mr. Abrams indicated that he has a study
from a Montessori ,School in El Cerrito that produced a trip rate
similar to the trip rate found in the Trip Generation manual . The
alternative trip generation rate would be for elementary schools,
which would generate only .about 1/3 as many trips as a day care
facility of similar enrollment . Without seeing a project
description, the trip rate used by Abrams Associates appears
conservative and appropriate .
The trip generation calculation was for the AM peak hour, which
would be the most significant peak hour affected by an educational
facility such as proposed.
The trip generation calculation of S6 vehicle trips during the AM
peak hour was based on an enrollment of 70 students . The project
is proposed with an ultimate capacity of 80 students . Based on the
ultimate capacity, the maximum trip generating potential for the
project would be 65 vehicle trips during the AM peak hour. This
project would need to accommodate an enrollment of at least 124
students in order to meet the 100 peak hour trip threshold that
would trigger a Measure C-198,8 traffic study.
As long as the project conditions limit student enrollment to 80
students, a Measure C traffic study will not be required.
Be aware that I only reviewed the trip generation findings of
Abrams Associates . Please contact Public Works staff regarding the
evaluation of traffic impacts described by Abrams Associates .
SLG:c:\eir\montysry.t6
CC: w/ attachment
D. Pulon, CDD
M. Avalon, PWD
APPLICATION FOR A HEARING DATA - FILE N0.
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i APPLICANT Ms. w C-e-ki s i-C-2- OWNER a ° 7
Name S cJ'e—i Name
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Phone S��- �� $- Z 3 2� Zip ��{ G Phone S tb Q) -o Z Zip
Total Parcel Area ' q Z e t'a Water Supply Source
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REVIEW OF AGENCY PLANNING A0UN3,ATLQP
EBMUD .. ,.:.
T{ `f .. OT A PRC>P.QSAL TO;PRQVft? WIaTER.
S RVIO
�:.
—
The technical data supplied herein is based on preliminary information,Is subject to revision and is to be used for planning purposes ONLY
,�Ei t`is jF
r u (n a
DATE: 3/146 EB
/9MUD MAP(S) 1485 8520 EBMUD FILE S-5513
AGENCY Contra Costa County Community Dev. AGENCY FILE LP962023 ❑ TENTATIVE MAP
Attn: Liz Dunn ❑ DEVELOPMENT PLAN
651 Pine St., 4th Fl. North Wing ❑REZONING/GPA
Martinez, CA 94553 ®OTHER-Land Use Permit
APPLICANT Ms.Wechsler OWNER First Unitarian Church of Berkeley
Montessori Family School 1 Lawson Road
1850 Scenic Avenue Kensington, CA 94707
Berkeley, CA 94709
.... .:.:: .:......:::..:.:.:.:....::.:::.::.:::::::.... .
PMEl3
D L�). T.D T
. EVE . ... A A....:.
LOCATION 1 Lawson Road, Kensington, CA. Existing building behind church.
TOTAL ACREAGE 7.07(entire property) .
NO. OF UNITS TYPE OF DEVELOPMENT
1 ❑ Single Family ❑ MUlti-Family ❑ Commercial ❑ Industrial ® Other-Private
Residential Residential School
WADER SERVICE DATA...:.'
PROPERTY ELEVATION RANGE OF STREETS' ELEVATION RANGE OF PROPERTY TO BE DEVELOPED
® In EBMUD ❑ Requires 790 ' - 800 ' 720 ' - 800 '
Annexation
® ( X ALL, PART) ❑ (—ALL, PART) ❑ Water service would require
of development would be served from of development would be served by construction of major facilities
EXISTING MAINS) MAIN EXTENSION(S)
LOCATION
LOCATION OF El RESERVOIR
OF MAIN(S) Craft Ave. EXIST, MAIN(S) ❑ PUMPING PLANT
❑ TRANSMISSION MAIN
Other
PRESSURE ZONE SERVICE ELEVATION RANGE PRESSURE ZONE SERVICE ELEVATION RANGE
Arlington(A70) 700-900
CQMNfENTS
The property currently has water services off of Craft Avenue. If a change or new water service is needed, the applicant should contact
EBMUD's New Business Office to request a water service estimate to determine costs and conditions of providing water service to the
property.
FOR INFORMATION REGARDING:
-THIS REVIEW •CHARGES & OTHER REQUIREMENTS FOR SERVICE
Contact The EBMUD Water Service Planning Section (5101 287-1026 Contact The EBMUD New Business Office (510) 287-1008
N Water Service Planning ® City/Town/Co.,nty
New Business Officc Applicant -= --- - — --- --
S�( `.OR CIVIL NGINEE i
Il-il-( N Owner Ar;%. TLr� CI- PLAN ING SECTION
AY i i L. to of O o1�
KENSINGTON FIRE PRO'T'ECTION DISTRICT
do EL CERRITO FIRE DEPARTMENT
G 10900 San Pablo Avenue
v:
El Cerrito, CA 94530 p� 22
4 r
(510) 215-4450
� VELGi't°ft?!T DEPT
May 6, 1996
Jane Wechsler
Montessori Family School
1850 Scenic Avenue
Berkeley, CA 94709
Dear Ms.Wechsler:
You have asked the fire department to review the proposed educational facility site at
#1 Lawson Road in Kensington. Your proposal requires the fire department to look at the
building as an educational use. Although the building is currently used as Sunday school
classrooms, such use is deemed ancillary to the Assembly use of the church. Use of the
buildng as classrooms, in a formal school setting, requires the building use to be reclassified as
Educational. Educational uses have slightly different code requirements than those currently
applied to the building. The following code requirements are divided into three sub-divisions:
The School Building (Proposed)
The Facility (The Church)
The Site
The requirements for occupancy change from Assembly Occupancy Classification
to Education Occupancy Classification are as follows:
The Buiidina
I. All exit doors from classroom areas will be provided with panic hardware.
2. All classroom areas shall have direct access to two (2) exits. This would preclude the
use of the open areas in closed subdivisions or require the installation of additional
exits. The owner of the Montessori School has indicated that she will not use the
classrooms in the closed subdivisions, therefore, the sliding doors must be fitted with
signage that indicates the doors are to remain open when school is in session.
3. Provide and post occupant load signs for assembly usage and educational usage.
4. Provide an alarm system monitored at an approved central station facility. Provide
audio/visual warning devices where necessary.
CITY HALL 10890 San Pablo Avenue Ei Cerrito, California 9,1530 =a;; (510) 233-5401
Montessori Family School
May 9, 1996
Page Two
5. Storage or use of combustible materials underneath the exit stairways is not permitted.
6. Applicant shall develop an emergency plan that includes;
Staff Training
Emergency Procedures
Site Safety Plan
Notifications
7. Site safety and exit plan diagrams shall be posted in approved locations.
8. Provide emergency lighting for classroom areas.
The Facility
1. The common alarm system must be maintained in serviceable condition at all times.
The Site
1. Repaint site hydrant and color code the top to correlate with anticipated water flow.
(The Fire Department will flow test the hydrant upon your request.)
2. The site must be maintained in accordance with the Kensington Fire Protection District
Vegetation Management Standards. Some portions of the site are currently out of
conformance with the standard. Please contact the El Cerrito Fire Department at
215-4450 if you need assistance in developing a work plan to bring the site into
compliance.
If you have questions on the requirements outlined above please call Fire Marshal
Mark Scott at 215-4450.
Sincerely,
Mark Scott
Fire Marshal
encl: Vegetation Management Standards
Fire Hazard Reduction Program
The Kensington Fire Protection District
I. INTRODUCTION
A. Purpose of Vegetation Management Standards
Along with California's growth of population and expanding development, urban housing has
intermixed with wildland areas. California communities have experienced devastating fire loss because of the
severity of fires which occur in this intermix area. The risk of conflagration in the intermix is increased further
by homeowners who create uncontrolled landscaping of native and non-native plants on their properties.
Thousands of homes are threatened by fire every year in California largely because of this heavy vegetation fuel
load very near structures.
Almost the entire community of Kensington is considered to be a wildland intermix area which
increases the community's risk of loss from devastating fire. This area has been identified by the California
Department of Forestry (CDF) and the Kensington Fire Protection District as Very High Fire Hazard Severity
(VHFHS) zone. As specified by State law (AB 337), property owners within this zone must take special
precautions with their property, including vegetation management, to reduce the rise of-fi.-e.
The buildup of unmanaged vegetation, whether native or non-native, steep hillsides with canyons and
draws, and periods of extremely hot, dry weather all combine to create in Kensington the potential for
catastrophic fire behavior such as occurred in the Oakland/Berkeley Hills Fire of October 1991. Catastrophic
fires can destroy large numbers of homes, threaten public safety and severely damage the natural areas which
contribute to our high quality of living.
A key goal of local community fire protection planning is to reduce the level of fire hazards in the
Kensington wildland intermix area, designated as a VHFHS zone. While it is not possible to eliminate allthreats
of catastrophic wildfire, fire hazards can be reduced to acceptable levels and still allow a "green" Kensington.
Vegetation management planning in the VHFHS zone focuses on areas where fire poses the greatest
risk to life and property. There are three specific goals of the program:
1. Keep all fires small. Small fires generally are cooler than large fines and are more easily
extinguished.
Z. Limit the speed with which any fire will grow. Fires need fuel to bum; if fuel is available, fires
will continue to grow rapidly. Fuel must be limited or made unavailable to spreading fie.
3. Make it more difficult for fires to ignite and spread. Small fires can ignite progressively larger
fuels. Small fuels are tike kindling and are easily.ignited. Reducing kindling fuels, and separating kindling fucL
from larger fuels reduces sources for ignition and the potential for fire spread.
Fires will continue to be a part of California urban living. By implementing vegetation management
standards, Kensington residents can significantly reduce the potential that a small fin will grow into a
catastrophic event involving one or more structures. The primary method of stopping fire spread is by
increasing separation distances between combustible fuels. An important component of reducing the
community's fire risk requires vegetation management to be practiced by property owners.
B. Fire Safe Vegetation Management Concepts i
There are three basic methods employed to manage vegetation fuels: firebreaks, fuel breaks and
lornamental landscaping. A firebreak eliminates all flammable vegetation and combustible growth. Appropriate
ornamental landscaping is acceptable in this area. A fuel break reduces the fuel mass of flammable vegetation
and combustible growth, thereby limiting the intensity of fire and slowing its rate of spread. Ornamental
landscaping provides a yard or garden with decorative fi-re resistive plants that are imgated, maintained and
arranged to be aesthetically pleasing, functionally useful and erhanc-- fire safety. Refer to the definitions listed
for these twins.
Fire Hazard Reduction Program
Within the VHFHS zone, structures are to be protected from wildfire by creating firebreaks
immediately surrounding structures and fuel breaks further out from structures. Within 30 feet of a structure a
firebreak should be created which contains well-irrigated, maintained and appropriately spaced ornamental
landscaping with fire resistant plants. All flammable vegetation and combustible growth in this area immediately
surrounding a structure should be eliminated. This creates a safety margin of defensible space so that wildfire
can be stopped before it reaches a structure.
A fuel break should be created from 30 feet to 100 feet from structures located within the VHFHS
zone. The heightened risk of wildfire within the VHFHS zone makes it necessary to provide an added safety
margin of defensible space for all structures and a fuel break will provide this extra protection. Fuel breaks are
meant to reduce fire hazardous vegetation and maintain it to specified heights and arrangements, limiting fire
intensity and impeding fire spread. The purpose of the fuel break is to deny any hot fire entering it sufficient
fuel to sustain fire intensity and speed. By the time it reaches the firebreak area containing ornamental
landscaping nearer the structure, the now low-intensity fire should be stopped easily by the firebreak
surrounding the structure.
Ornamental iandscaning with fire resistant plants is encouraged as a long term approach to maintain
yard and garden vegetationin a fire safe manner. Landscaping with healthy, appropriately irrigated plants and
ground cover provides a permanent reduction of the fire hazard adjacent to structures when maintained at
regular intervals. Ornamental landscaping can enhance a firebreak by inhibiting the growth of weeds, grass,
brush and similar fire hazardous vegetation. A list of fire resistant and highly flammable plants is available from
the Fire District.
C. Process
No person shall be prosecuted criminally under the provisions of Section 4 of the Kensington Fire
Protection District Ordinance 95-1 until that person has received written notice of how that property violates
these standards and until that person has had the reasonable opportunity to meet with District staff concerning
the violation. Civil enforcement of these guidelines as provided for in Section 5 of Ordinance 95-1, pursuant to
California Health and Safety Code Section 14912 et. seq. Civil procedures for fire hazard abatement include
providing the property owner with (1) written notice on how the property violates these guidelines, (2)
reasonable opportunity to meet with District staff to discuss this matter and (3) opportunity to be heard before
the Board of Directors of the Kensington Fire Protection District.
II. FIRE HAZARD REDUCTION GUIDELINES
Many factors combine to create a fire hazard on any specific property. It is difficult to single out a
specific vegetation species or configuration to declare it either fire hazardous or completely fire safe in all
situations. The Fire District has developed guidelines conforming to State Law and national fire protection
standards which address most situations found on private property within Kensington. Please read these
guidelines along with the accompanying glossary. If you are still unsure of how to proceed, please call the Fire
Department and we will work with you to develop a fire hazard reduction plan for your property.
A. Hazard Zones
Almost the entire area of the community of Kensington lies adjacent or near to a large wildland area
containing steep slopes and naturally growing trees, brush and grasses. Every year under certain critical weather
conditions, the neighborhoods of Kensington are at heightened risk of seasonal wildfire sweeping into the
residential areas and burning homes. The area of Kensington at heightened risk of wildfire has been designated
as a Very High Fire Hazard Severity (VHFHS) zone. The small area remaining in Kensington faces a lesser risk-
of
iskof wildfire.
Fire hazard reduction measures common to the entire community of KensinUton are required on both
vacant and developed lots:
1. Property owners must ensures that all vegetation, native or non-aative, shall be maintained so as not
to coo-stitute a fire hazard_
Fire Hazard Reduction Program
2. Property owners must maintain their property either by ornamental landscaping or by establishing a
fuel break along the property line and adjacent to structures. For properties within the VHFHS zone, there are
additional requirements for firebreaks within 30 feet of structures and fuel breaks from 30 to 100 feet.
3. Property owners are responsible for clearance and maintenance of their own property only.
Property owners will be required, however, to create fuel breaks on their property to protect neighboring
structures. Dimensions of fuel breaks will depend on the proximity of neighboring structures and on whether the
properties are within the VHFHS zone.
4. All brush, weeds, grass, and fire hazardous vegetation within 10 feet of any usable road surface,
public way or combustible fence shall be maintained in a non-hazardous condition with a fuel break.
5. Property owners must maintain their property free from all nuisances, including debris, garbage,
rubbish and trash, hazardous materials,junk and noxious growth.
B. Ornamental Landscaping
Ornamental landscaping is encouraged throughout•the community of Kensington to enhance fire safety.
Ornamental landscaping consists of decorative plants growing within a tended garden or yard which are well-
watered, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening,
shade, weed suppression and erosion control.
Within the VHFHS zone, ornamental landscaping in the 30 foot firebreak adjacent to structures must
meet the following requirements:
1. Ornamental landscaping shall be maintained free of dead wood and litter, and trimmed of small
twigs and branches at least two (2) feet or 113 of their height from the ground, whichever is less.
2. Ornamental landscaping must be healthy, pruned, adequately irrigated and regularly maintained so
that plants and the area beneath them are free from dead or dying material.
3. Single specimen trees must be trimmed and maintained.
4. Ground cover may be used as part of ornamental landscaping provided it is kept green, f --of
dead wood and litter, and at a height so that they do not form a means of rapidly transmitting fire from native
growth(located outside the firebreak) to any building or structure.
C. Vegetation Management Standards
Vegetation management standards exist for the entire community, including the area designated as a
VHFHS zone. Refer to the glossary for a definition of terms used in these standards.
1. Properties within the VHFHS zone:
a. Firebreaks must be created and maintained in areas within 30 feet of any occupied dwe 1•„g.
b. Fuel Breaks must be created and maintained in areas extending from 30 to 100 feet
surrounding any structure.
c. Fuel Breaks must be created and maintained on vacant lots 30 feet wide along the property lane
and 100 feet from neighboring structures.
2. Properties outside the VHFHS zone:
a. Fuel Breaks must be created and maintained in areas within 30 feet of any structure.
Fire Hazard Reduction Program
b. Fuel Breaks must be created and maintained on vacant lots to be 10 feet wide along the property Iine.
3. Vegetation Management Standards for Firebreaks:
a. All flammable vegetation or combustible growth must be removed and cleared away, thereby
eliminating fire hazardous vegetation fuels which can rapidly transmit fire.
b. Adequately irrigated and maintained ornamental landscaping is not flammable vegetation or
combustible growth, and is encouraged within a firebreak.
c. Trees, shrubs, bushes or other vegetation adjacent to or overhanging any structure shall be
maintained free of dead limbs and other combustible matter such as vines and loose papery baric. On mature
trees, limbs should be removed up to 10' above the ground. Smaller trees should be limbed to 1/3 rd of their
height up to 6' above the ground, but in no case less than 18 inches from the ground.
Fire Hazard Reduction Program
d. Trees shall be maintained so that no portion is closer than 10 feet from any chimney opening.
e. All roof surfaces shall be maintained free of substantial accumulations of needles, twigs, and
any other combustible matter.
f. All cut vegetation and debris must be disposed of either by hauling and dumping in a lawful
manner, or by chipping and dispersing over the property in a manner and to a height which will not constitute a
Fire hazard.
g. Chipped materials which are spread on the ground shall be of a size no greater than I inch by
1 inch by 3 inches.
4. Vegetation Management Standards for Fuel Breaks:
a. Maintain ornamental landscaping in yards.
b. All fire hazardous vegetation with the exception of weeds and grass shall be cleared and
maintained to a height no greater than 18 inches above the ground.
c. All weeds and grass shall be cleared and maintained at a height no greater than 6 inches above
the ground.
d. Remove from trees all vines, loose papery bark and dead branches.
e. All cut vegetation and debris must be disposed of either by hauling and dumping in a lawful
manner, or by chipping and dispersing over the property m a manner and to a height which will not constitute a
fire hazard.
f. Chipped materials which are spread on the ground shall be of a size no greater than 1 inch by
1 inch by 3 inches.
5. Additional Considerations for Vegetation Management:
a. The Fire Hazard Abatement Program is intended to promote community fire safety by
reducing the combustible vegetation fuel mass on private properties. Clearing vegetation by heavy construction
methods such as grading, discing, trenching or dozing shall require special permits from the County. Disposal
by burning is not permitted.
b_ Any parcel where: slope stability will be threatened by removal of plants may fc- exempt from
treatment requirements or subject to alternate treatm ts- The property owner must submit a rcport documenting
the probability of slope failure due to vegetation removal, prrpared by a licensed civil, geot�cnnical, or soils
Fire Hazard Reduction Program
engineer. The report shall propose alternative treatment methods to address fire hazards. The report will be
reviewed by district staff. Review and acceptance by the district of alternative treatment will supersede other
requirements.
c. Any parcel or lot which includes plant or animal species that are rare, endangered or of special
concern may qualify for alternative plant treatment and spacing requirements. The property owner must submit
a report from a qualified resource biologist or landscape architect describing the species, actions required to
preserve its environmental value, and proposed alternative measures to address fine hazards. T1c report will be
reviewed by the district. Review and acceptance by the district of alternative treatment will supersede other
requirements.
D. Planting Considerations
Any plant will burn if the conditions are right. Some plants are considered to be extremely flammable
while other plants are considered to have some resistance to fire. Verifiable tests of fire exposure
characteristics for all specific ornamental landscaping plants is not available.
The best available plant information is contained in a publication available from EBMUD entitled
"Firescape: Landscaping to Reduce Fire Hazard". A list of plants with some fire-resistance and plants
considered highly flammable is available from the fire district.
At the base of trees and shrubs, replace flammable vegetation with bark, mulch, rock, gravel or low-
growing or more fire-resistant groundcovers. This cover reduces the fire danger and minimizes weeds. Avoid
placing medium-sized shrubs beneath trees or taller shrubs. By breaking up the available fuel mass in
ornamental landscaping, a fire will be kept at lower intensity, flame lengths will be shorter and fire will be less
likely to form a continuous line or front.
E. Structural Fire Safety
The District's roofing and vegetation management standards are designed to reduce the amount of
airborne burning material, limiting fire spread. Once a fire starts, it is often accelerated by wind-borne burning
material. Burning embers or brands are the main source of fire spread in mixed urban-wildland areas. The roof
of a house is most vulnerable to this type of ignition.Spark arresters with a maximum of 1/2" openings in the
mesh are required over the outlet of every chimney. Class A is the top rating for fire resistive roofing, followed
by Classes B and C. State law and District Ordinance requires that all roofing within the VHFHS zone be Class
B or better in new construction or replacement of more than 50 % of the roof.
III. GLOSSARY OF TERMS
The following terms are used to describe the vegetation management standards in California State Law and in
the Kensington Fire Protection District's Fire Hazard Reduction Program.
Very High Fire Hazard Severity (VHFHS) Zones: Any geographic area designated per Government Code
section 51178 to contain the type and condition of vegetation, topography, weather and structure density to
potentially increase the possibility of wildland conflagration fires. As a commrty adjacent tri extensive
wildland areas, almost the entire community of Kensington is designated as a VII HS zone. A map of this wee
is available from the Fire District. Fire hazard reduction standards are more extensive for properties located
within the VHFHS zone.
Defensible space: A concept in landscape design for homes which provides a band of managed vegetation:
around a home that slows movement of fire by reducing or denying fuel and provides a space for fire fighters to
take a stand to protect the house.
Fire resistant plants: A relative term used to describe plants that are "more resistant" or "less
resistant" than other plants to fire. Given enough heat, all vegetation will burn. Yet plants in fact
differ in how fast they burn, how high a flame they produce and their ability to survive fire. Fire
resistance is enhanced by higher amounts of moisture within twigs and foliage. Fire-resistant plants
Fire Hazard Reduction Program
can lose this quality altogether if not properly maintained and irrigated. A partial list of fire resistant
and highly flammable plants is available from EBMUD (232-5051) and the Fire District.
Fre hazardous vegetation: Plants which can burn easily because they generate dry undergrowth,
contain flammable oils or produce significant quantities of dead or dying material. Hazardous
vegetation is fuel which must be removed or strictly maintained so as not to constitute a fire hazard
by igniting easily and then contributing to rapid fire spread. Seasonally dry grass, weeds, brush, and
unmaintained and unirrigated trees and ornamental vegetation are examples of fire hazardous
vegetation. Properly chipped, mulched and disbursed material does not constitute fire hazardous
vegetation. Fire hazardous vegetation is also known as flammable vegetation and combustible
growth.
Ornamental landscaping: Decorative plants growing within a tended garden or yard which are
appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility,
such as privacy screening, shade, weed suppression and erosion control. Thd use of fire-resistant
plants and then removal of fire hazardous vegetation will enhance fire safety.
Firebreak: An area in which all flammable vegetation or combustible growth is removed and cleared
away, thereby eliminating fire hazardous vegetation fuels which can rapidly transmit fire. Ornamental
landscaping is permissible within a firebreak as long as it is adequately irrigated, maintained and
spaced so as not to provide a means of rapidly transmitting fire. Compare to fuel break.
Fuel break: An area in which all flammable vegetation or combustible growth is reduced and cleared
away according to established standards, thereby limiting the mass and arrangement of fire hazardous
vegetation fuels which can rapidly transmit fire. Appropriate ornamental Iandscaping is permissible
within a fuel break. Fuel reduction standards for fuel breaks limit the height of certain vegetation
(brush, native shrubs, weeds and grasses), remove from trees any fuels which can ladder fire into the
canopies, and provide adequate spacing between remaining plants. Compare to firebreak.
11RA CO'S
KENSINGTON MUNICIPAL ADVISORY COUNCIL
DATE: ' 96 APR - I PM
� � 21 r ��o _
COP-i��U; iT'r
TO: Harvey Bragdon, Community Development Director �VELOPMENT (
Attn: Debbiecoordinator for KMAC business
G � ort
County File Number:
Property Address: l
Owner or Applicant: i''��1sC>�-Zso(Lt ��q y�l L� ZC,40o L
L$5b 1a, dr-,j
The Kensington Municipal Advisory Council considered the
above-referenced application on:
and offers the following recommendation:
RECOMMENDATION
X APPROVE APPROVE WITH CONDITIONS DENY NO COMMENT
VOTE: l ro ¢r4 J60_ NO �r�5`( r(cONS
CONCERNS, COMMENTS, AND CONDITIONS:
CON V v-(tio�A1. Lt S t Ld'` ►`( . f �k�t. u t 1.� r ry 4 t N Q2 t t ��e
3 0 Pe FQ C PPe SL--CL,0 L
rvt rl � � � SND►MONS O� (.O��N � C�O� ��{��G���l�
/LL- 2,1_00t)
Report submitted by: �� • �' I
Distribution: KMAC FILE
Community Dev. Dept.
Applicant
Supervisor _'
ATTACBMENT #2
36' COSTA
Paul S. Taybi Ryan L. Werner
84 Kensington Road 803 Craft Avenue
Kensington, CA 94707
96 AUG _8 Ah 8: 27 El Cerrito, CA 94530
DEAQMMf VQEPT
Clerk of the Board of Supervisors
County of Contra Costa
c/o Contra Costa Community Development Department
4th Floor, North Wing
651 W. Pine Street
Martinez, CA 94553
Re: Notice of Appeal of Planning Commission Decision Of July 30, 1996
File#LP962023 --Montessori Family School
Dear Sir or Madam:
The undersigned hereby give notice of appeal of the decision of the Contra Costa County
Planning Commission, made July 30, 1996, approving the application of the Family Montessori
School for a conditional use permit to establish a private school on the premises of the First
Unitarian Church of Berkeley at 1 Kensington Road, Kensington, CA 94707. This appeal is made
on the following grounds:
1. The values of our property are adversely affected and the Planning Commission's decision
does not comply with the Contra Costa County General Plan;
2. The following standards were not satisfied by the evidence presented at the hearing:
a. That the proposed conditional not be detrimental to the health, safety and general
welfare of the county;
b. That the proposed conditional use not adversely affect the preservation of property
values and the protection of the tax base within the county-,
C. That the proposed use not adversely affect the policy and goals set by the County
of Contra Costa general plan;
d. That the proposed use not create a nuisance and/or enforcement problem within
the neighborhood or community.-
e.
ommunity;e. That special conditions or unique characteristics of the property and its location or
surroundings be established.
Clerk of the Board of Supervisors
August 7, 1996
Page 2
f. That there be a negative, or mitigated negative environmental impact.
3. The following findings of the Planning Commission were not supported by the evidence
before it, in part due to the Commission's refusal to hear proffered evidence:
a. That the proposed conditional use is not detrimental to the health, safety and
general welfare of the county;
b. That the proposed conditional use does not adversely affect the preservation of
property values and the protection of the tax base within the county;
C. That the proposed use does not adversely affect the policy and goals set by the
County of Contra Costa general plan;
d. That the proposed use does not create a nuisance and/or enforcement problem
within the neighborhood or community;
e. That special conditions or unique characteristics of the property and its location or
surroundings are established.
f. That there is a negative, or a mitigated negative, environmental impact, including
but not limited to the finding that there will not be significant effects in this case
because mitigation measures have been added to the project;
g. That no further traffic study is required; '
i
h. That no County, City, or independent compliance monitoring be required or
funded.
4. The following limitations or conditions imposed on the proposed conditional use are
unreasonable, in that they are meaningless and/or unenforceable: '
a. That the First Unitarian Church"reduce its rental of the church facility and the
building to be used by the Montessori Family School for community functions by
30%."
b. That applicant"require the\parents of its students to sign and comply with the
Montessori Family School Traffic Program. A copy of the signed form must be '
sent to the Community Development Department . . . ."
3
Clerk of the Board of Supervisors
August 7, 1996
Page 3
C. That the conditional use permit be subject to review after one school term.
5. The following limitations or conditions recommended but not imposed should reasonably
be imposed in granting a conditional use permit:
a. That a full traffic study be completed;
b. That applicant install speed humps and stop signs on Lawson Road, Kensington,
and on Craft Avenue, El Cerrito, and remove a non-standard driveway ramp on
Craft Avenue;
C. That the First Unitarian Church reduce its rentals by an amount sufficient to
compensate for the increase in traffic generated by applicant;
d. That at least one week prior to commencement of grading, applicant post the site
and mail notice to owners of property within 300 feet of the project site.
Additionally, we reserve the right to amend this appeal to include grounds arising out of the
Planning Commission's findings, imposition of conditions, or failure to impose conditions that
may be reflected in the written minutes of the Planning Commission's hearing but which were not
made-expressly clear at the hearing. This includes any findings, imposition of conditions, or
failure to impose any of the conditions proposed in the July 29, 1996 letter to the Contra Costa
County Community Planning Department from Edward H. Phillips of the El Cerrito Community
Planning Department.
With this notice of appeal we are submitting the required fee and the required stamped envelopes
addres each property owner within 300 feet of the project.
V ry tru ,
Paul S. Taybi Ry�n L. Werner
07/29/96 16:20 FAX 510 233 5401 E1 Cerrito-Cita T�002
ATTACEMENT #3
G\T Y
COMMUNITY DEVELOPMENT DEPARTMENT
to PLANNINGDIWSION (510)215-4330 FAX(510)233-5401
�► R�\� 10890 San Pablo Avenue,El Cerrito,CA 94530
July 29, 1996
Contra Costa County Community Development Department
Members of Contra Costa County Planning Commission
Th Floor,North Wing,Administration Building
651 Pine Street
Martinez CA 91553-0095
Attention:Elizabeth Dunn
RE: File IY962023:Response to notice of negative declaration of environmental significance:
comments and recommendations by the City of El Cerrito.
Dear Ms.Dunn:
This letter provides the response by the City of El Ccrrito to the proposed negative declaration on the
occupancy by Montessori Family School.
A.-RECOMMENDATIONS TO CONTRA COSTA COUNTY PLANNING COhiMTSSION:
The City makes the following recommendations regarding the negative declaration and conditions of
project approval. Rationale for the recommendations is presented in sections B through G of this letter.
Recommendation 1. Determine that the projects's transportation-related environmental effects,under
cheeklist items 13 a.and 13 f, are "potentially significant unless mitigations are incorporated".
Recommendation 2. If the negative declaration is adopted,include a determination that although the
project could have significant effects on the environment,there will not be significant effects in this case
because mitigation measures have been added to the project.
Recommendation 3. Modify proposed mitigation measure#3,spe-ad humps on Craft Ave,,to state "if the
City of El Cerrito finds that such measures are consistent with City traffic control criteria".
07/29/96 16:20 FAX 510 233 5401 E1 Cerrito-CitY 191 002
Recommendation 4. Incorporate additional mitigation measures as foIIows,with the asreement of the
applicant:
Mitigation 4. In The event that the City of FJ Cerrito cannot justify speed humps on Craft Avenue
under adopted criteria,the church agrees to Install at least one traffic-calming device,such as a
speed hump,in its parking lot near the exit to Craft Avenue,for the purpose of discouraging
vehicles exiting from the lot from speeding on Craft Avenue.
Mitigation 5. The school shall be responsible for the maintenance of an average of 3 students per
each private car delivering or picking-up students.
Mitigation 6. The school shall assign staggered morning arrival times to carpools in order to
avoid congestion on approach and departure routes.
Mitigation 7 Drivers delivering or picking up students shall use a clockwise route in approaching
and leaving the site,approaching via Craft Avenue and departing via Lawson Avenue. Such
pattern shall be evaluated 6 months after the school begins operation,through procedures
stipulated in the mitigation monitoring and reporting program.
Recommendation S. If a negative declaration is adopted,adopt also a "mitigation monitoring and
reporting program",to include at least the following requirements:
a. A system for periodic reporting on compliance with transportation mitigations by the school to
the County Community Development Department.
b. A review of compliance with mitigation requirements,to be performed at the end of the first six
months of school operation,to be perfomned by representatives of interested parties.
Recommendation 6. If the use permit for the project is approved,include the following additional
condition of approval:
Project site plan shall be revised to specify that all school activities will be located on the
Kensington portion of the church property,with no parking or pick-up/drop off activities to be
located on El Cerrito portions of the site until such time as the City of El Cerrito might grant a use
permit to the Montessori Family School for such use within the city.
B. BASIS FOR DMERMNATION OF SIGNIMCANCE:
The Guidelines for the California Environmental Quality Act(CEQA),as well as other documents,provide
a basis for determining that this project will have potentially significant effects on the environment:
L El Cerrito has adopted local CEOA guidelines which include the following as a threshold of
significance for traffic effects:"Project generated traffic is directed into residential neighborhoods either
as convenient alternative routes or as a means of avoiding congestion on major thoroughfares". Based on
City staff analysis,it appears that use of Craft Avenue would sorve as a convenient alternative to other
routes,and in fact may be preferred by drivers accessing the project site.
2
07/29/96 16:20 FAX 510 233 5401 E1 Cerrito-City U04
2. CEQA Guidelines Appendix Q,item(1)states a project will normally have a significant effect on the
environment if it will"cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system". As discussed below,there may be a peak hour traffic level of 4
times the existing level on Craft Avenue.
3. Section 15064(c)provides that if a substantial body of opinion considers an effect to be adverse,the
Lead Agency shall regard the effect as adverse. The County staff report for July 30 contains a long list of
persons opposed to the project.
4. Section 15064(h)(2)of the CEQA Guidelines,states that if there is disagreement between experts over
the significance of an environmental effect,the Lead Agency shall treat the effect as significant. Refer to
discussion below regarding conflicting traffic studies.
For these reasons,items 13a. and 13 f. on the checklist should be noted as`potentially significant unless
mitigation incorporated"(using the terminology of the checklist recommended by the state in 1994,which
generally is in current use.
C. CITY ANALYSIS OF POTENTIAL TRAFFIC IMPACTS:
1 Conflicting opinions on traffic imuacts•The Initial Study incorporates the applicant's representation,
supported by a letter report from Abrams Associates, of traffic generation rates and traffic reduction
measures which would place all students in van,bus or carpool,and would distribute traffic among several
approach streets_ The Community Development staff report for the July 30,1996,Planning Commission
meeting includes a memorandum from Steven Goetz of the Transportation Planning Division which
accepts the trip generation findings by Abrams.
A Craft Avenue resident retained another qualified traf6e engineer,Fchr and Peers Associates,to comment
on the project plan and on the Abrams report. Fehr and Peers assumes a hig"ter generation rate,largely
based on a much lower car pooling rate. The report also estimates That trips will concentrate on Cowper
and Craft Avenues and would be less likely to be distributed among various routes than was assumed by
Abrams. Fehr and peers conclude that further traffic analysis is required.
With differing opinions from two qualified traffic engineers,neither of whom are responsible to the Lead
Agency, we see a case of apparent disagreement between experts,in terms of trip generation,achievable
rate of car pooling,trip distribution,enforceability of traffic controls,and the threshold of significance.
Cit)'s expectation of trafficimpacts on Craft Ave_' A City staff comparison of the alternative approach
routes to the proposed school building suggests that Craft Avenue,in EI Cerrito,is likely to be the
preferred route to the school,and thus likely be effected by a major share of the school-generated trips.
The City reasoning is as follows:
Access is relatively easy and unimpeded along Arlington Avenue. Travel off of Arlington within
Kensington involves a distance to the school building of approximately 0S mile along narrow,steep
streets and the church driveway which contains speed bumps. There is also a conflict with the one-way
pattern which has been instituted by Kensington police to facilitate access to Kensington School.
By driving somewhat further along Arlington to reach Terrace Drive,access to the school site via Terrace
3
07?29%96 16:20 FAX 510 233 5401 El Cerrito-Cita' 005
and Craft Avenue involves travel from Arlington on wider streets,a distance of only 0.2 Tile,with no
speed.bumps.(From southerly origins,the access via Craft involves an approximate net increase in travel
distance of 0.1 mile).
For purposes of this discussion,the City accepts Fehr and Peels'estimate that 509o' of all trips delivering
students would use Craft Ave.(See discussion on trip distribution below).
3. City's experience witb private school access modes:The City has reviewed tmff7c studies for
expansions of three private schools in the past four years. Staff analysis shows that the Montessori Family
School's proposed 21%rate of public transit/school van usage is comparable to measured rates of 20%for
existing private schools in EI Cerrito. Carpool usage of existing schools was in the range of 1.7 to 2.4
students for each private car. Projects for school expansions assumed that a level of 2 students per car was
achievable for private schools,without additional measures on the parts of the schools.The 2 student rate
falls short of the 3 per car promised in the applicant's traffic plan;however,by interpolation,it appears
that Fehr and peers assumes only about 1.25 students per car.
4. Traffic ba All-The Initial Study contains no discussion under 13£ of a potential increase in traffic
hazards. City staff expectation,supported by comments in the Fehr and peers report,is that an expected
increase in traffic volumes(over the existing a.m.peak of 10 trips pre hour)could pose traffic hazards duo
to the concentration of traffic during a short period, considering factors of speed,street and intersection
design,lack of sidewalks,etc.
S. City estimates of rmff a generation and distribution:Based on other traffic studies of private school
traffic City staff has made the following estimate of peak hour trips(8-9 a.m,):
SO total students
17 carried by bus or van
63 carried by private car @ average 2 students/car=
34 Car trips in to site,including van_ Trips out=33,Total trips=67.
Fehr and Peers concluded that 65%n of the traffic would enter from Lawson,but 65%n would tend to leave
via Craft as a matter of convenience. They also concluded that 35%of trips would tend to enter via Craft
and 35%leave via Lawson. This conclusion suggests a pattern of through flow which would amount to an
equal split,between the two access points,of all a.m.peak trips. If the total trips (in/out)are 67,then
-approximately 50%,or 34 vehicle trips would travel along Craft each school day.
D.CITY CONCLUSIONS ON TRAFFIC IMPACT:
The estimated 34 trips would be added to the existing 10 peak hour trips on Craft,resulting in 4.4 times
the existing peak hour traffic. This is less than the 6.0 factor estimated by Fehr and Peers,but
considerably higher than the estimate by Abrams,who assumed a distribution of traffic on to several
routes. An increase of 4.4 times significant in the terms discussed in paragraph b.above,but the City
believes the effect is capable of being mitigated,as discussed in the following section.
4
07/29/96 16:20 FAX 510 233 5401 S!' Cbrrito-CitS 000
E.DISCUSSION OF MITIGATION MEASURES:
Page 16 of the environmental checklist contains three traffic-related mitigation measures,which are
carried over to the staff report as recommended conditions of approval. This list and its placement create
some confusion,since the determination on page 15 does not refer to any significant effects or mitigations.
As noted above in section B.,traffic effects should be recognized as"potentially significant unless
mitigation incorporated - By this means the mitigations would be required;,by CEQA,to be incorporated
in the project through a mi ' atcd negative declaration,and,importantly,made subject to a mitigation
monitoring and reporting program as required by Public Resources Code 21081.6.
1. City Comments on County staff-proposed measles:
Mitigation 1. Compliance byparents with traffitprograrm This is acceptable to the City,but it
should be supplemented with an additional measures listed as Mitigations 5 and 6.
Mitigation Z Reduction of rental functions.This is acceptable to the City,with the observations
that the revised policy of the church should produce net positive benefits to the neighborhood;
however,such reductions appear unlikely to have a direct bearing on the a.m.peak trip impacts
with which is the principal identified impact of the school proposal,which is"the project"for
CEQA review purposes.
Mitigation 3. Installation of signs and speed humps. This is conceptually acceptable to the City,
and coincides with a request which residents of Craft Avenue have submitted to the City.
However,the City has established criteria for the evaluation of such requests. The mitigation
measure should include the language"if the City of El Cerrito finds that such measures are
consistent with City traffic control criteria".
? Additional Mitigations propmed by Cityi
Mitigation 4.If the City of El Cerrito cannot justify speed humps. Lacking speed humps in the
Craft right-of-way,the tendency for traffic exiting the parking lot could be moderated by placing
at least one traffic-calming device,such as a speed hump,in its parking lot near the exit to Craft
Avenue. Such a mechanism would aid enforcement of the existing stop sign at the exit,
Mitigation 5. Average of 3 stridents per car. Enforcement of this requirement would reduce the
- inbound peak hour trips to about 21 per day,based on El Cerrito's experience with private school
traffic. This requirement is proposed to be made explicit so that it may be incorporated in,and
enforced through,the mitigation monitoring and reporting program.
Mitigation 6. Staggered arrivals_Assignment of staggered morning arrival times will help avoid
congestion on which might result if the full volume of trips is experienced within a few minutes.
Assigned intervals of 5 or 10 minutes should serve to mitigate the effect.
Mitigation 7.Approach via CraftAve. and depart via LmosonAve. The recommended pattern
would route all trips in to the site using, Craft,all trips out using Lawson,thus effectuating the
same 50-50 split projected by Fehr and peers. The advantages would be:
A. One way movement would eliminate conflicts between in and out trips encountering
5
07%29/96 16:20 FAX 510 290 5441 E1 Cerrito-City la007
each other on the narrow streets.
b. Clockwise movement is preferable to counterclockwise in order to avoid additional
movent through the complicated Arlington/Terraee/Moeser intersection.
c. Right turn movements from Arlington onto Terrace and onto Craft would reduce
conflicts at the intersections in EI Cerrito.
3. Additional condition_other than mitigations:
As discussed in the following section,the applicant has proposed a plan to avoid a requirement
for a use permit from the City of El Cerrito,by designating portions of the parking lot to the east
of the building as the locations for pick-up/drop-off and parking. This layout would have the
advantage of being complementary to the one-way access pattern,since the existing driveway and
parking lot configuration would tend to encourage drivers to proceed in the same direction rather
than turn back to the point of entry. The locations could be altered later if the City of El Cerrito
grants a use permit for school use of the El Cerrito portions of the site.
F. ADOPTION OFA MITIGATION MONITORINGAND REPORTING PROGRAM:
The California Environmental Quality Act(CEQA)requires adoption of a reporting or monitoring
program for project changes made to mitigate significant effects on the environment. Such program is to
be adopted at the same time as adoption of a negative declaration.(Public Resources Code 21081.6).
The City is concerned about the lack of any mechanism which requires monitoring or reporting of the
school's traffic reduction plan. If the County does not establish a means of monitoring the school's
performance the burden of such monitoring could default to the City. Such a circumstance would not be
acceptable to the City of El Cerrito.
G. DISCUSSION OF CITY'S POTENTIAL STATUS AS A.RESPONSIBLE AGENCY:
1. El Cerrito's inteMst; The initial study did note that the northerly portion of the Unitarian Church
property lies within the El Cerrito City limits and includes APN#'s 505-302-017 and-018. The M Cerrito
portion of the property includes all of the parking to the north of the buildings (with the exception of 2.112
parking spaces),plus the access driveway from Craft Avenue extending around to a point easterly of the
building proposed for school use. Iu 1958 the City of EI Cerrito granted a use permit to the church of for
church purposes,including parking. Subsequently no uses of the site for non-church purposes have been
proposed to the City,and none have been approved by the City. El Cerrito Municipal Code Section
19.12.112 requires a planning Commission use permit for private schools. The Montessori Family School
will be a tenant,not affiliated with the Church. The school plans to use the EI Cerrito property for access,
pick-up and drop-off of students,staff and visitor parking and occasional play space. These are essential
school functions,even though the building to be occupied is outside the City limit-
Since
imitSince City approval of a use permit would be required for operating any part the school in El Cerrito,City
approval of an environmental document would also be required. It is appropriate that the County be the
lead agency,with the City in the role of Responsible Agency. This would allow for a coordinated
8
07/29/96 16:20 FAY, 510 233 5401 El Cerrito-Citi' 0008
process,assuming that the BI Cerrito planning Commission would be able to find that the Negative
Declaration by the County adequately addressed and responded to potentially significant impacts.
ADD-licant's alte veXLroposIL- The applicant has written to the City to propose that the City
requirement for a use permit be deferred in order to avoid delay in opening the school in September, 1996,
under a County use permit. The applicant states 2L willingness to confine school activities,including drop-
off/pick-up and staff and visitor parking,to the Kensington portion of the church site,avoiding use of the
El Cerrito parcels until such time as a use permit can be processed by the City.
Please provide copies of this letter to the Planning Commission members for their reference at the July 30
hearing. Thank you for your cooperation during the review proms.
sincerely,
U-j
Edward H.Phillips
City Planner
cc: Montessori Family School
First Unitarian Church
Ryan Werner and others
Chief Bray,Kensington Police
El Cerrito City Council,City Manager,City Attorney
7
Attachment 4
MITIGATION MEASURES FOR MONTESSORI FAMILY SCHOOL
COUNTY FILE LP962023
1. The school will require the parents of its students to sign and comply with the Montessori
Family School Traffic Program. A copy of the signed form must be sent to the Community
Development Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553,
Attn: Elizabeth Dunn, County File #LP962023.
2. The First Unitarian Church of Berkeley must reduce its rental of the church facility and the
building to be used by the Montessori Family School for community functions by 30% with
the addition of the Montessori Family School as a permanent tenant. The church proposes
to increase its rental fees, revise its Facilities Use Policy and eliminate advertising this facility
for wedding purposes. A final version of the Facilities Use Policy as well as the verification
in the reduction to outside groups and the cancellation of the advertising of the First Unitarian
Church of Berkeley for weddings must be forwarded to the Community Development
Department, 651 Pine Street, 4th Floor, North Wing, Martinez, CA 94553, Attn: Elizabeth
Dunn, County File#LP962023.
3. The First Unitarian Church of Berkeley will install school signs and speed bumps on Craft
Avenue. The location of the speed bumps, related pavement markings and school signs shall
be coordinated with the Public Works Departments of the City of El Cerrito and Contra Costa
County.
4. In the event that the City of El Cerrito cannot justify speed humps on Craft Avenue under
adoption criteria, the church agrees to install at least one traffic calming device, such as a
speed hump, in its parking lot near the exit to Craft Avenue, for the purpose of discouraging
vehicles exiting from the lot speeding on Craft Avenue.
5. The school shall be responsible for the maintenance of an average of 3 students per each
private vehicle delivering or picking-up students.
6. The school shall assign staggered morning arrival times to car pools in order to avoid
congestion on the approach and departure routes.
7. Drivers delivering or picking up students shall use a clockwise route in approaching and
leaving the site, approaching via Craft Avenue and departing via Lawson Avenue. Such
pattern shall be evaluated for 6 months after the school begins operation, through procedures
stipulated in the mitigation monitoring and reporting program.
i A
Attachment 4
MITIGATION MONITORING AND REPORTING PROGRAM
COUNTY FILE #LP962023
MITIGATION MEASURES RESPONSIBLE COMPLIANCE VERIFICATION
AGENCY
1. Forward a copy of the Community School provides a monthly report to the
signed car pool form to the D e v e l o p m e n t Contra Costa County Community
Community Development Department Development Department which
Department. addresses the compliance with the
transportation mitigation measures.
2. Forward a final version C o m m u n i t y Require that the FUCB submit to the
of the First Unitarian Church D e v e l o p m e n t Community Development Department,
of Berkeley's Facilities Use Department on a quarterly basis, the rental receipts
Policy to the Community for the church.
Development Department.
3. In the event that the City C o m m u n i t y On-site investigation of installation of
of El Cerrito cannot justify D e v e l o p m e n t traffic calming device.
speed humps on Craft Department
Avenue under adoption
criteria, the church agrees to
install at least one traffic
calming device, such as a
speed hump, in its parking lot
near the exit to Craft
Avenue, for the purpose of
discouraging vehicles exiting
from the lot speeding on
Craft Avenue.
4 . The school shall C o m m u n i t y School provides a monthly report to the
maintain an average of 3 D e v e l o p m e n t Contra Costa County Community
students per each private Department Development Department which
vehicle delivering or picking- addresses the compliance with the
up students. transportation mitigation measures.
Attachment 4
MITIGATION MONITORING AND REPORTING PROGRAM
COUNTY FILE #LP962023
5. The school shall assign Community School provides a monthly report to the
staggered morning arrival Development Contra Costa County Community
times to car pools in order to Department Development Department which
avoid congestion on the addresses the compliance with the
approach and departure transportation mitigation measures.
routes.
6. Drivers delivering or C o m m u n i t y School provides a monthly report to the
picking up students shall use D e v e l o p m e n t Contra Costa County Community
a clockwise route in Department Development Department which
approaching and leaving the addresses the compliance with the
site, approaching via Craft transportation mitigation measures.
Avenue and departing via
Lawson Avenue. Such
pattern shall be evaluated for
6 months after the school
begins operation, through
procedures stipulated in the
mitigation monitoring and
reporting program.
ATTACBMENT
Page 1 of 1
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: June 28, 1996
TO_: Liz Dunn, Redevelopment Division
FROM: Steven L. Goetz, Transportation Planning Divisi n
SUBJECT: Montessori School in Kensington
I have reviewed the May 13 , 1996 correspondence from Charles Abrams
on the subject project for the purpose of determining if a traffic
study is required to meet the growth management provisions of
Measure C-1988 (see attachment) . Any project generating 100 or
more peak hour trips is subject to the Measure C-1988 traffic study
requirements that were prepared by the Contra Costa Transportation
Authority.
The trip generation calculation used a peak hour trip rate from the
Trip Generation manual prepared by the Institute of Transportation
Engineers, the source recommended by the Contra Costa
Transportation Authority. Mr. Abrams indicated that he has a study
from a Montessori School in El Cerrito that produced a trip rate
similar to the trip rate found in the Trip Generation manual . The
alternative trip generation rate would be for elementary schools,
which would generate only about 1/3 as many trips as a day care
facility of similar enrollment . Without seeing a project
description, the trip rate used by Abrams Associates appears
conservative and appropriate.
The trip generation calculation was for the AM peak hour, which
would be the most significant peak hour affected by an educational
facility such as proposed.
The trip generation calculation of 56 vehicle trips during the AM
peak hour was based on an enrollment of 70 students . The project
is proposed with an ultimate capacity of 80 students . Based on the
ultimate capacity, the maximum trip generating potential for the
project would be 65 vehicle trips during the AM peak hour. This
project would need to accommodate an enrollment of at least 124
students in order to meet the 100 peak hour trip threshold that
would trigger a Measure C-1988 traffic study.
As long as the project conditions limit student enrollment to 80
students, a Measure C traffic study will not be required.
Be aware that I only reviewed the trip generation findings of
Abrams Associates . Please contact Public Works staff regarding the
evaluation of traffic impacts described by Abrams Associates .
SLG:c:\eir\montysry.t6
CC: wj attachment
D. Pulon, CDD
M. Avalon, PWD
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