HomeMy WebLinkAboutMINUTES - 10111988 - 2.4 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 11, 1988
SUBJECT: APPEAL OF SIEMENS MEDICAL LABORATORIES, INC.
Specific Request(s) or Recommendation(s) & Background &
Justification
I. RECOMMENDATION
Approve the recommendation of the Public Works Director and deny
the request from Siemens Medical Laboratories, Inc. to waive the
Countywide Area of Benefit traffic mitigation fee.
II. FINANCIAL IMPACT
No consequence to the General Fund. Negative action from the
Board of Supervisors will result in a loss of $380, 000 in revenue
to improve the road system in Central County.
III. REASONS FOR RECOMMENDATION/BACKGROUND
Siemens Medical Laboratories, Inc. , the applicant of Land Use
Permit #2005-88 plans to build a medical equipment design,
manufacturing and sales operation facility in the North Concord
area, outside the Bates Avenue Assessment District.
The application was approved by the Zoning Administrator on March
70, 1988. At the same time, a finding was made that the negative
declaration of environmental significance was adequate. A notice
of determination was posted. However, the determination was
challenged which delayed the final approval of the project to
June 2, 1988.
Continued on attachment: yes Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other:
Signature(s) :
Action of Board on: October 11, 1988
Approved as Recommended Other x
CONTINUED to November 1, 1988 Determination Calendar.
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF AN
x Unanimous (Absent '- ) ACTION TAKEN AND ENTERED ON
Ayes: Noes: THE MINUTES OF THE BOARD OF
Absent: Abstain: SUPERVISORS ON DATE SHOWN.
Attested
Orig. Div. :Public Works (RE) PHIL BATCHELOR,
CLERK OF THE BOARD
cc: Public Works Director OF SUPERVISORS AND
County Administrator COUNTY ADMINISTRATOR
MMS:ly
BO: 11.t10
By- Ua4--O� 4ow--f-e.�
DIOUTY CLERK
BOARD OF SUPERVISORS
OCTOBER 11, 1988
PAGE TWO
In the meantime, the Board of Supervisors established the
Countywide Area of Benefit and adopted the enabling ordinance
(#88-27) to be effective May 15, 1988 .
Seimens Medical Laboratories, Inc. , contend that they would have
completed the review process and obtained the necessary building
permit before May 15, 1988, if they had not been delayed by the
"defective negative declaration" . They further assert that the
Conditions of Approval (COA) of Land Use Permit #2005-88 does not
require them to pay traffic mitigation fees.
Seimens further contends that since they are relocating from
Walnut Creek, away from a congested area, they should not be
assessed a traffic impact fee.
Staff recommends that the appeal be denied on the following
grounds:
1. The California Environmental Quality Act requires the
posting of notice of determination of a negative declaration
to allow the public a chance to challenge the findings. The
County never guarantees to anyone that there will not be any
challenge to the findings. Challenges are routine and are
to be expected.
2 . Condition of Approval (CAO) only specifies the special
provisions and/or exceptions to the County' s Ordinance Code.
The applicant is expected to follow County Ordinances during
the development process whether the ordinances are called
out in the COA or not. For example, the applicant is
expected to follow the latest building code and highway
design standard even though they are not mentioned in the
COA.
3 . The fact that Seimens is relocating its facility from Walnut
Creek is not a relevant argument. The space vacated by
Seimens will be occupied by other tenants who will generate
trips and impact traffic in Walnut Creek while the new
facility in North Concord will generate trips and contribute
to the traffic problem in North Concord and in the County.
4 . The adopted Area of Benefit Ordinance requires the payment
of the fee prior to issuance of the building permit. This
development must abide by the requirement. Failure to
enforce this part of the fee ordinance undermines the
legality of the ordinance.