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Home My WebLink AboutMINUTES - 10131987 - T.7 BOARD OF SUPERVISORS �1tra T, 7 Costa FROWN F'-r-1w:+;trvey E. Bragdon, Director of Community Development coirty DATE: August 13, 1987 SUBJECT: Hearing on BERKELEY SHAKESPEARE FESTIVAL (Applicant) , EAST BAY MUNICIPAL UTILITY DISTRICT (Owner) - 2729-RZ and L.U.P. #2040- 87, to rezone approximately 10 acres from Exclusive Agriculture (A-80) to General Agricultural District (A-2) and to establish an outdoor amphitheater for use during the summer months. Orinda area. (S.D. II) SPECIFIC REQUEST S) OR RECO11ENDATIONS(S) & BACKGROUND AND JUSTIFICATION INTRODUCTION Hearing on Rezoning File 2729-RZ to rezone approximately 10 acres from Exclusive Agriculture (A-80) to General Agricultural District (A-2) , and Land Use Permit #2040-87, to establish a seasonal outdoor amphitheater filed by the Berkeley Shakespeare Festival in the Orinda area. RECOMMENDATIONS 1. Approve Rezoning Application 2729-RZ as recommended by the County Planning Commission. 2. Approve Land Use Permit application #2040-87 with the conditions attached in Exhibit A as recommended by the County Planning Commission. 3. Adopt the Planning Commission's findings as set forth in its resolution No. 46-1987, as the basis for this decision. s 4. Introduce the ordinance giving effect to the rezoning appli- cation 2729-RZ; waive reading and set date for adoptio of same. CONTINUED ON ATTACHMENT: YES SIGNA ACTION OF BOARD ON October 13 , 1987 APPROVED AS REX OTHER X Robert Drake, Community Development Department, gave the staff report, a brief history of the project, the Planning Commission recommendation and the proposed condition number 8 relative to the park and drive lot; The public hearing was opened and the following people appeared to speak: Myrna Walton, President of the Board of Directors of the Berkeley Shakespeare Festival, presented an overview of the project, and commented on adding to the cultural and educational level of Contra Costa County and requested a change in the proposed condition number -8 as stated in the October 13 , 1987 letter from the Festival to the Board of Supervisors; Supervisor Fanden requested proposed condition number 10 to be amended to redwood trees rather than shrubs; Supervisor Powers expressed his appreciation to the Berkley Shakespeare Festival for considering Contra Costa County as a location for this project; Gene Angell, 324 13th Street, Oakland, set designer for the Festival and architect specializing in theaters, designer of the project, explained the project to the Board including parking, the shuttle from the BART area, the entrance to the park through the trees, the amphitheater, the amount of seating, the impact of the project in the valley being very little, and efforts to maintain the parklike atmosphere that is there and commented that redwoods along the -freeway would be very appropriate; Supervisor Schroder requested clarification on proposed condition number 11, the length of the season, and whether the applicant was satisfied with this condition; The public hearing was closed. ' Supervisor Fanden moved approval of the rezoning and the land use permit with condition number 10 being amended to insert redwood trees and condition number 8 to read as the wording in the October 13, 1987 letter from the Berkley Shakespeare Festival. Therefore, IT IS BY THE BOARD ORDERED that recommendations 1, 2 with amended conditions, Exhibit A attached, 3, and 4 are APPROVED and Ordinance No. 87-85-- giving effect to the rezoning is INTRODUCED, reading waived, and October 27, 1987 is set for adoption of same. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIIrIOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES:' ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: 1rIINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development (R.Drake) ATTESTED October 13 , 1987 Berkeley Shakespeare Festival PHIL BATCHELOR, CLERK OF East Bay Municipal Utility District THE BOARD OF SUPERVISORS Orinda Fire Protection District AN COUNT1ADMINISTRATOR City of Orinda . CALTRANSBY c DEPUTY CONDITIONS OF APPROVAL FOR 2040-87 (As approved by Board of Supervisors) 1. This application for a seasonal amphitheater is approved as generally described and shown on the exhibits' listed below and subject to the following conditions: - Exhibit A - Project (Text) Description. Exhibit B - Site Plan and Elevations. The theater season shall be limited from April 1 to October 30. 2. This permit is approved contingent on final adoption of County Rezoning File #2729-RZ. 3. Comply with the requirements of the Health Services Department for water supply, sewage disposal and concessionaire activity. 4. An archaeological field reconnaissance report shall be prepared and submitted to the Community Development Department. This report shall be prepared by a professional archaeologist who is certified by the Society for California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA). The applicant shall comply with the recommendations of the report. 5. The proposed "loop" service road shall be paved with an asphaltic/concrete or similar permanent paving surface from the start of the road (adjacent to the "existing paved parking" area) and completely around the theater to provide emergency vehicle access. The Orinda Fire Protection District shall be provided an opportunity to comment on design specifications. 5. The proposed pedestrian path leading from the parking lot to the amphi- theater shall be paved with an asphaltic/concrete or similar permanent paving surface to achieve pedestrian safety. 7. The Orinda Police Department shall be provided an opportunity to review proposed safety and security arrangements, and to inspect completed safety improvements prior to use of the theater. 8. The proposed primary parking lot shall be fenced to control commuter parking during the performance season. Should the need arise to use the Festival 's primary parking lot for a Park and Ride Lot, the Festival will enter discussions with the County, EBMUD, CALTRANS and other appropriate agencies about the possibility of developing this parking facility for commuter use. 9. Parking quantity, dimensions and design shall conform to all County code requirements. Parking lot surface and striping shall be maintained on a weekly basis during the amphitheater use season. Existing parking space striping shall be repainted. Should the parking demand exceed the parking supply, then additional parking spaces shall be developed in the immediate area of the proposed parking lot, subject to recommendation by the Orinda Planning Department and review and approval of the Zoning Administrator. 2. 10. A solid row of 5 gallon minimum sized redwood trees shall be planted along the full length of the southern and eastern edges of the proposed primary parking lot. Such plantings shall be served with an irrigation system or program, subject to the review and approval of the Zoning Administrator. 11. Use permit approval is granted only for the proposed Shakespearean theatrical performances and educational and organizational activities directly related to the Shakespeare Festival . No other related uses such as concerts, etc. , shall be permitted without an amendment to the use permit. Amplified music concerts are expressly prohibited. . Theater seating capacity shall not exceed 550. 12. Twenty-four hour security service shall be provided throughout the duration of the performance season. A mobilehome on a temporary foundation for year-round occupancy by a caretaker is permitted subject to review and approval of the Zoning Administrator. 13. All proposed and required site improvements shall be provided throughout the duration of the performance season. 14. The perimeter of the theater shall be bounded by fencing. The fencing plan shall be subject to prior review and approval of the -Zoning Administrator. 15. Outdoor lighting shall be designed and located to provide adequate security and safety in the parking area, along paths. and in the amphitheater area. Lighting shall further be designed to minimize visibility from Highway 24. 16. All future signing shall conform to County Code requirements. No signs (other than approved CalTrans signing) shall be oriented for freeway exposure. 17. All eucalyptus trees in areas of public access shall be kept trimmed for safety purposes. 18. All dry grass within public access areas shall be kept trimmed, and tree leaves, dropped branches and other debris shall be kept cleared to reduce the potential of fire hazard. 19. Final design approval of the proposed amphitheater and accessory buildings, grading, lighting, landscaping, irrigation, trash enclosure screening, signing, fencing, and other improvements shall be subject to review by the Orinda Planning Department and review and approval of the Zoning Administrator. 20. No grading shall take place within 20 feet of the creek bank. 21. Approval of the rezoning and land use permit .is based on the finding that the unique cultural ' and community benefit aspects of the Shakespearean . Amphitheater project shall not serve as a precedent or basis for any future rezoning for EDMUD or any other surrounding or proximate lands. Imo^ ,._ i; � S 3. 22. Performances shall be restricted to the following hours: _. Monday through Friday (except holidays - 7:00 P.M. - 12:00 A.M. Saturday, Sunday, Holidays - 8:00 A.M. - 12:00 A.M. The Zoning Administrator may approve other hours of operation subject to prior approval by CalTrans. A transportation program shall be provided between the theater and the Orinda BART Station. 23. This permit .will expire at the end of October, 1999. Upon written request by the applicant, the Zoning Administrtor may administratively extend the permit period up to 5 years. Should the applicant wish to further extend the permit a new land use permit application must be submitted for public hearing. 24. Between July 1 and July 31, 1990, the applicant shall submit a letter to the Community Development Department and copy to the Orinda Planning Department requesting a review of site conditions for compliance with the terms of this permit. In addition, the applicant shall submit a report on traffic impacts generated by the project including an origin/destination study and traffic routes. The Zoning Administrator may administratively require that additional conditions be satisfied to assure compliance with the intent of this permit. 25. Comply with the requirements of the Building Inspection Department. Building and grading permits may be required. 26. Proposed design specifications shall be subject to the review and approval of the Orinda Fire Protection District. RD/aa 7/10/87 7/28/87 10/19/87 RZVII/2040-87C.RD