HomeMy WebLinkAboutMINUTES - 10202009 - D.1RECOMMENDATION(S):
After accepting public testimony and closing the hearing on this appeal:
1. FIND the Mitigated Negative Declaration and the supplemental traffic analysis prepared
for this project to be adequate for the purposes of compliance with the California
Environmental Quality Act (CEQA), and adopt the Mitigated Negative Declaration and the
Mitigation Monitoring Program;
2. Approve, in part, the appeals;
3. Approve the project subject to the findings in Resolution No. 2009/490 and conditions of
approval attached hereto;
4. DIRECT the Department of Conservation and Development to post a Notice of
Determination with the County Clerk.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/20/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: John Oborne, 335-1207
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 20, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D. 1
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:October 20, 2009
Contra
Costa
County
Subject:Continued hearing on the appeal filed by Quail Hill Homeowners Assoc. and El Sobrante P&Z of a CPC
decision to approve Sikh Temple expansion
FISCAL IMPACT:
None. The applicant is responsible for all staff time and materials cost to process this
application.
BACKGROUND:
This item was heard by the Board on September 22, 2009 where testimony was taken
from the appellant, applicant and public. At the end of the hearing the Board requested
staff to return on October 20, 2009 for a public hearing and present them findings and
conditions. Below is a summary of the Board's comments followed by response from
staff:
1. Summary of Board Comment; Phasing
Since this is a large project that is phased over a number of years, the Board wished to
approve Phase 1 with some mechanism that doesn’t cause the applicant to go through the
entire approval process for Phases 3 and 4 (Phase 2, the Priests' residences, was
eliminated earlier in the application process), but does allow for a public hearing prior to
the issuance of building permits for each of those phases to allow the County to verify the
actual traffic and parking numbers rather than solely rely on the numbers that are now in
the Mitigated Negative Declaration and supplemental traffic analysis. In addition, it
allows the County to assess geologic conditions on the site and confirm the original
assumptions that were made, as well as ensure compliance with the conditions of
approval for the project.
Staff Response
In response to the Board's concerns staff is recommending the following condition of
approval:
Condition of Approval (COA) #1- Phasing:
Uphold the County Planning Commission’s approval of the project (Phase 1, Community
Center; Phase 3, Museum/Information Center; and Phase 4, Performing Arts Center &
Two Story Parking Structure), subject to the following revised conditions:
After the construction of Phase 1 and prior to the issuance of building permits for either
Phase 3 or Phase 4, the applicant shall apply to the County for “Condition of Approval
Compliance Review” with a public hearing before the Zoning Administrator (ZA). The
purpose of the hearing is to: (1) confirm certain traffic, parking, and geology assumptions
that were made in the Mitigated Negative Declaration, dated July 30, 2008, and in the
amended traffic analysis, dated July 27, 2009; (2) confirm compliance with conditions of
approval . The applicant is responsible for all staff time and material costs in processing
the application.
The Zoning Administrator has the authority to either: (1) approve the construction of the
subsequent Phase 3 or Phase 4 without new mitigation measures; or (2) require additional
mitigation measures as determined necessary by the findings listed below. The decision
of the Zoning Administrator is directly appealable to the Board of Supervisors.
1. Traffic: At least 45 days prior to setting a ZA hearing date for either Phase 3 or Phase
4, the applicant shall submit to the County for review and approval, a monitoring survey
of site-generated traffic. The monitoring survey shall be conducted by an independent
traffic consultant hired by the County and paid for by the applicant. The monitoring
survey would consist of automatic machine tube counts on the site driveway for seven
consecutive days. If the monitored traffic volumes of the project exceed the Existing plus
Project in Table 3 of the Supplemental Traffic Analysis for the Sikh Center Expansion
Project, dated July 27, 2009, by Environmental Science Associates (ESA) by more than
10%, or a number determined by the ZA, the applicant shall have prepared a new traffic
study of impacts associated with development of project Phases 3 and 4 based on the
higher traffic volumes and the ZA has the authority to impose additional mitigation
measures identified as appropriate prior to the issuance of building permits for the
subsequent phases.
2. Parking : At least 45 days prior to setting a ZA hearing date for either Phase 3 or Phase
4, the applicant shall submit to the County for review and approval, a parking survey of
the subject site. The parking survey shall be conducted by an independent traffic
consultant hired by the County, paid for by the applicant, and minimally consist of the
following: 1) the number of existing parking spaces; 2) Peak day/hour parking demand;
3) Average day/hour parking demand; 4) Any other information that the consultant
recommends, and the County confirms, is needed to determine an accurate analysis of the
parking for the site.
The purpose of the parking survey is to determine if the parking that was assumed to be
adequate at the time of the original approval is, in fact, adequate for the site. If it were
found that the parking requirements as designated in Condition of Approval No. 11 are
not adequate, the Zoning Administrator has the authority to impose additional parking
mitigations for the project prior to the issuance of building permits for the subsequent
phases.
3. Special Events: At least 45 days prior to setting a ZA hearing date for either Phase 3 or
Phase 4, the applicant shall submit to the County for review and approval a compliance
report detailing the site’s compliance with Special Events conditions of approval numbers
15, 15A, 16, 17 & 18 (listed below). If it is found that the project is not in compliance
with these conditions, the Zoning Administrator has the authority to impose additional
mitigations prior to the issuance of building permits for the subsequent phases.
4. Geology: At least 45 days prior to setting ZA hearing dates for either Phase 3 or Phase
4. Geology: At least 45 days prior to setting ZA hearing dates for either Phase 3 or Phase
4, the applicant shall submit to the County for review and approval a compliance report
for Geologic Conditions #’s 38A, 38B, 38C & 38D (listed below) and shall further report
on whether there has been any geologic activity potentially damaging to nearby
properties as a result of the construction of Phase 1. If there has been any geologic
activity potentially damaging to nearby properties the Zoning Administrator may require,
for review and approval of the County, additional geologic analysis/reports.
If, at the time the applicant returns to the County for Phases 3 and 4, the traffic, parking,
or geology impacts specific to the subject site are substantially more severe than what
was previously examined, on the basis of substantial evidence in the light of the whole
record, the applicant is responsible for the preparation of a subsequent environmental
document under Section 15162 (3) (B) (c) of the CEQA Guidelines.
2. Summary of Board Comment; Geology
The Board was concerned about the geology of the site and the potential impacts to
neighboring properties. They felt that there should be some geologic monitoring of the
site during and after construction.
Staff Response
In response to the Board's concern staff is recommending the following four additional
conditions of approval;
COA #38A Consulting Engineering Geologist
At least 60 days prior to the issuance of grading permits for each phase the applicant shall
submit for review and approval of the County Geologist documentation of the Temple’s
contract with the on-call certified engineering geologist. The name of the firm and
telephone number of the engineering geologist should be listed on the first page of the
building and grading plans.
At least once a year the subject site shall be inspected by a certified engineering
geologist for evidence of insipient slope failure, soil creep and active erosion. The
inspection shall be documented by a letter report that presents the geologists observations
and recommendations. These reports shall kept by the Temple for future review by the
County, if requested.
COA #38 B Pre-Qualification of Project Geotechnical Engineer
At least 60 days prior to the issuance of grading permits for each phase the applicant shall
submit, for review and approval of the County geologist, qualifications of the project
geotechnical engineer prior to any geotechnical work to ensure that the consulting firm
has sufficient knowledge of the geologic hazards in the area and is experienced in the
has sufficient knowledge of the geologic hazards in the area and is experienced in the
design of the type of foundations required for the planned project. (The intent of this
condition of approval is not for the County to select the consultant, but to ensure that the
consultant selected by the Temple has the experience needed for a high profile project of
the type that is proposed.)
COA #38C Drainage and Slope Monitoring & Maintenance Plan
At least 60 days prior to the issuance of grading permits for each phase the applicant shall
submit for review and approval of the County Geologist a plan for monitoring and
maintaining on site drainage facilities and slopes, including those on the Hillcrest Road
frontage of the site. The monitoring and maintenance plan shall include a map that
identifies the location of each drop inlet structure, drainage ditch, subdrain cleanout,
along with each graded slope and natural slope on the perimeter of the Temple parcel.
Each drainage facility/ slope should be identified by a number on the plan map.
An Inspection form shall be developed that a) identifies the inspector, b) date of
inspection of each facility, c) identifies any routine maintenance that is performs (e.g.
removal of trash from an inlet structure, erosion control measures performed on an area
of eroding hillside), and d) inspector’s recommendation to the Temple Board for further
evaluation or repairs that are beyond the ability of the inspector to perform.
Inspections shall be performed at the end of the rainy season (approximately April 15th-
May 1st), prior to the onset of the rainy season (approximately October 1st- October
15th), and following any storm yielding more that 2 inches of precipitation in the El
Sobrante Area. Evidence of the inspections shall be kept on file by the Temple Board,
and the Zoning Administrator may request documentation of compliance with provisions
of this COA at any time.
COA# 38D Financial Assurance
At least 60 days prior to the issuance of grading permits for each phase the applicant shall
submit financial assurance (cash or Surety Bond) for $100,000 in conjunction with the
issuance of each building/ grading permit. The bond shall be held by the Department of
Conservation & Development for two years from the date that the building/ grading
permit is “finaled.” The purpose of the financial assurance is to ensure that erosion
control, drainage and other measures implemented on site are effective and do not result
in any offsite drainage or erosion/sedimentation problems.
3.Summary of Board Comment: Special Events
The Board was concerned about the traffic and parking impacts that may occur during
times that the Special Events are held at the subject site.
Staff Response
According to the applicant there are five days that are regularly observed by the Sikh
community on the subject site and they are:
Guru Gobind Singh's Birthday, Birth of Sikhism, Diwali (festival of Lights), Birth of
Guru Nanak, New Year's Eve
In addition there are days during the year that the Sikh community has special days for
visiting dignitaries and other special occasions.
To mitigate the impacts and notify the surrounding community of such events staff is
recommending the following conditions of approval:
COA#15 At least 10 days prior to hosting a Special Event on the project site the
applicant shall send a courtesy notice to residents within 500’ radius of the subject
property, and the El Sobrante MAC, El Sobrante Planning and Zoning Committee and
the Contra Costa County Department of Conservation and Development, Community
Development Division.
COA#15A At least 60 days prior to Special Events the applicant shall apply for and
obtain an encroachment permit for the County’s Permit & Application Center. The
encroachment permit will require the submittal of a traffic control plan.
COA# 16 Special events shall be limited to daylight hours only except New Years Eve
when the hours shall not exceed from 6:30 p.m. to 1:00 a.m.
COA#17 The applicant shall ensure that during special events adequate private shuttles be
made available to patrons. Prior to the issuance of grading permits for Phase 1 the
applicant shall submit for review and approval of the Zoning Administrator a shuttle
plan, with approximate dates of events, that ensures private shuttles be made available to
patrons from a location off-site such as Park & Ride lots.
COA#18 Traffic safety officers, provided and paid for by the applicant, are required to be
on the Sikh Center site to enforce parking requirements and traffic safety during special
events.
4.Correspondence Recieved Since the Last Board Hearing on September 22, 2009
The County recieved two letters since the last Board hearing which are included in
Attachment 3 of this report. The first is from the Quail Hill Homeowners Association.
The letter includes concerns about the projects' compliance with Fire District standards.
In that regard, as discussed in previous staff reports, the projects' current access (one
entry/exit point) complies with Fire District standards. All future development of the site
is required by Condition of Approval numbers 30 and 51A to comply with all Fire
District standards.
The second letter is from the neighboring Hillcrest Baptist Church and it expresses
concerns that the Sikh Center was performing grading in the backyard of a residence they
own along Hillcrest Road, adjacent to the Hillcrest Baptist Church site and in front of the
subject site. The letter expresses concern because the area of grading, according to the
letter, is geologically sensitive. Staff contacted the applicant the next day and they
voluntarily stopped all the work immediately. They explained that prior to starting the
work the contractor, who was undertaking the job for them, visited the County to inquire
if they needed a permit. They were told that since the construction was for a small
retaining wall (3-feet or under) they did not require a building permit.
5. Conclusion
Based on the Board's concerns at the last Board hearing on September 22, 2009, staff has
modified some conditions and added several additional conditions of approval as they
were approved at the County Planning Commission hearing on November 18, 2008.
These changes can be seen in bold, underlined type in Attachment 1 - Conditions of
Approval of this report.
Staff is recommending that the Board uphold the County Planning Commission's
approval of the project subject to the attached findings and conditions of approval.
CLERK'S ADDENDUM
Aruna Bhat, Department of Conservation and Development, presented the staff
report.
Supervisor Gioia recommended the following modifications:
Condition of Approval No. 1 under PHASING: insert the sentence “(3) If the significant
effects previously examined as to the findings below are substantially more severe than
shown in the previous mitigated negative declaration the Zoning Administrator has the
authority to require a subsequent environmental document before rendering a decision
regarding Phases 3 and 4, pursuant to Section 15162 section 3bb of the CEQA
Guidelines 2009.”
Condition of Approval No. 1: That the reports filed with the County on Traffic, Parking,
Special Events and Geology be made available to the local Municipal Advisory Council
and Planning and Zoning Committee at the same time.
Condition of Approval No. 51a be moved from the Public Works Recommended
Condition of Approval section Sight Distance to be Condition of Approval No. 30c in
Fire District Standards and modified to read “To allow fire truck access, parking shall be
prohibited on one side of the on-site roadways where curb-to-curb width is 28 feet or
greater and less than 36 feet unobstructed, and on both sides of an on-site roadway where
the curb-to-curb width is less than 28 feet unobstructed. ‘No Parking-Fire Lane’ signs
shall be installed along these portions of the roads subject to the review and approval of
Public Works and the Fire Department.”
The Chair called for public comment. The following people spoke:
J.P. Singh, Applicant, Sikh Center; Jeet Bajwa, Sikh Center; Mohinder S. Datta, Sikh
Center; Gurbachan Singh, President Sikh Center; Harpreet, S. Sandhu, resident of
Richmond; Satinder P. Singh, resident of Alameda; Eleanor Loynd, El Sobrante Valley
Planning & Zoning Advisory Committee (handout provided); Randall Henderson, Quail
Hill Homeowners Association.
The Chair returned the matter to the Board for discussion.
Supervisor Piepho requested clarification regarding protection of wildlife in regard to the
portions of fencing that have a spiked top.
John Oborne, Department of Conservation and Development, clarified that not all fencing
on the property was of that type, and those portions that were would be modified to
provide a blunt surface on top. A Condition of Approval will be added to require all
spiked portions of the fence to be so modified.
Supervisor Gioia noted that the issues of the number of ingress/egress points, fire
hydrants and pedestrian gates and would be examined by the Fire District in the approval
process for the permit. He requested that the Sheriff’s Department be added to those
notified of special events in Condition of Approval No. 15. He said in regard to the
Traffic portion of Condition of Approval No. 1, that the numerical increase of 15%, or a
number determined by the ZA, in the volume of traffic triggering a new traffic study,
would be acceptable. (Amending 10% to read 15%). To address concern over special
events held, he suggested adding into the conditions that in considering the issuance of an
encroachment permit, staff shall ensure that there has been compliance with the
provisions during past events.
The Board acknowledged concerns of the public in regard to possible slides. Supervisor
Gioia noted it would be wise to gather the geotechnical information for Phases 1 and 3
simultaneously, that they be reviewed together. He further directed that a Condition of
Approval be added that building permits for Phase 1and Phase 3 be submitted
concurrently.
The Board of Supervisors:
CLOSED the hearing; FOUND the Mitigated Negative Declaration and the supplemental
traffic analysis prepared for the project to be adequate for the purposes of compliance
with CEQA and ADOPTED the Mitigated Negative Declaration and the Mitigation
Monitoring Program; APPROVED the project subject to the findings in Resolution No.
2009/490 and conditions of approval, and including those modifications and additions
made today; and DIRECTED the Department of Conservation and Development to post a
Notice of Determination with the County Clerk.
ATTACHMENTS
ATTACHMENTS
Resolution No. 2009/490
Attach. 1 - COA's
Attach. 2 - Appeal Letter
Attach. 3 - Recent Letters
Attach. 4- CEQA / Traff. Study
Attach. 5- Development Plans