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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this order on January 31 , 1989 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Construction at 291 Arlington Avenue, Kensington
The Board. on January 17 , 1989 , on the recommendation of the
Director of Community Development, continued to this date and time its
consideration of the request of S. Rastegar, Kensington, for
investigation of a construction project that adds square footage to a
commercial building at 291 Arlington Street, Kensington, to allow time
to evaluate additional information staff had received.
Mr. Karl Wandry, Assistant Director, Community Development
Department, reported that staff had met with Mr. Rastegar as well as
Dr. Thal to try to resolve the issue between them relative to the
concerns, stating that Mr. Rastegar' s property is immediately behind .
Dr. Thal' s and is separated by a wall that is approximately 25 feet
high. Mr. Wandry noted that there was a question as to the approval
process, and staff had suggested that there might be a middle ground
that everyone could reach. Mr. Wandry advised that the two principals
had reached an agreement, which is spelled out in his memo report to
the Board dated January 27 , 1989, a copy of which is attached hereto
and by reference incorporated herein..
Mr. Wandry noted that staff had tried to contact other
persons involved; and that after the Board' s December 13 , 1988
meeting, that he did have a meeting with members of the surrounding
community and their primary concern, aside from Mr . Rastegar' s
immediate concerns, was that the parking be resolved, and they were,
in general, in agreement- to a two-story addition to the back of that
building. He noted that the two-story question is resolved through
this agreement and also the parking is resolved. He noted that his
report recommended that the Board discontinue its proceedings on this
matter, however, he suggested that the Board may wish to keep open the
question of the resolution of the wall and have Building Inspection.
report back to the Board as to what that resolution is when it finally
does take place.
Mr. Sidney Rastegar, 272 Amherst, Kensington advised that he
has met with Mr. Bragdon' s office and they have resolved the issues as
far as he is concerned. He asked "that the issue be kept open at
least for 90 days and have the issue brought up again May 2 , 1989 and
at that time if the applicant has complied with all the requirements,
then the process could go ahead, .and if the issues have not been
resolved, then the Board of Supervisors appeal the whole process
altogether. "
Mr. George Mulligan, 277 Amherst Avenue, Kensington, advised.
•that he lived in close proximity to the development, and that he was
very concerned about the parking and requested that the number of
doctors occupying the proposed building be limited and the permit be
held up until the applicant provides additional parking spaces.
Mr. Lawrence Schmelzer, 267 Amherst, Kensington., indicated
that he agreed with the previous speakers.
Dr. Lawrence Thal, 291 Arlington Avenue, Kensington., owner
of the building in question, indicated that he generally accepted the
compromise that Mr. Wandry has worked out between all the interested
parties, however he felt it unfair at this point to require a builder
to obtain additional public hearings, especially since he had had
those hearings , approvals were granted, there were no appeals to those
approvals and he has already constructed the foundation under the
permit that was originally issued.
He stated that he agreed to the compromise agreement with
the anticipation that Mr. Rastegar would cooperate with him in
resolving any concerns that might exist if later he elects to come
back and request public hearings on a third story, and he also would
assume that Mr. Rastegar would cooperate in resolving the issue of
repairs to his retaining wall. He noted that it would not be
satisfactory to him to get the Board' s concurrence to continue with
the two'-story structure if Mr. Rastegar never does anything about
repairing that wall or allowing those repairs to be made. He stated
that he thought keeping this open until May 2, 1989 as suggested by
Mr. Rastegar, except with respect to repairs to the wall, would be
unfair. He stated that if the Board agrees that he can begin with the
two stories, then he needs to have the architect revise the plans for
the two rather than the three-story structure, commenting that he
would not be anxious to again redesign the project knowing it is still
open to some future determination. Dr. Thal noted that the project
had been .redesigned six times since the original development plan was
approved due to various requirements of the County and the loss of the
application, changes in seismic requirements, and fire codes. He
declared that the request for additional parking is an impossible
request in that there is no place for additional parking, noting that
the project was redesigned to eliminate the necessity for additional
parking by reducing the number of additional feet of retail space.
Mr. Robert M. Hansen, 24 Kerr Avenue, Kensington, Chairman.
of the Zoning Committee of the Kensington Improvement Club, appeared
in favor of Dr. Thal' s application, stating that through no fault of
his own, but because of fire code and seismic code changes, Dr. Thal
had to revise his plans several times at a fairly substantial cost to
him, and that it appeared to be unfair for Dr. Thal to be faced with
the possibility of reopening the hearing.
The Chair noted for the record that he had received cards
with written comments regarding various aspects of parking and
building permit conditions from:
Robert Miller, 270 Amherst Avenue,. Kensington,
Catherine Creighton, 257 Amherst Avenue, Kensington,
Ruth Toussig, 193 Highland Boulevard, Kensington,
Shirley Todd, 261 Amherst Avenue, Kensington,
Barbara Adair, 251 Amherst Avenue, Kensington
Supervisor Powers explained that the area was very old, had
narrow streets, and was very built out, and that people in that
community are very sensitive because of the effects on traffic,
parking and height of structures in the community.
Supervisor Powers noted that the parties appear to have come
to a conclusion that seems to be appropriate. He declared that he
believed the wall to be a mutual issue and that it is an issue of
community safety and needs to be dealt with early. He stated that he
did not think the process should be held up very long and that he did
agree with 90 days to keep the wall issue alive to be sure that it is
resolved. He advised that he believed that Dr. Thal should be allowed
to to proceed and that staff should come back in 90 days with a status
report on the wall issue.
Mr. Wandry recommended that at the time the wall issue is
resolved, that a report from Building Inspection be brought back to
the Board for its information, and that no construction take place
until it is resolved.
Supervisor Powers moved the staff report and added that
there be a 90-day review and report on the wall issue.
IT IS BY THE BOARD ORDERED that the January 27, 1989 report
from the Community Development Department is ACCEPTED, and the
Director of Building Inspection and the Community Development staff
are DIRECTED to report back to the Board in 90 days relative to the
status of the retaining wall issue.
1 hereby certify that this is a true and correct copy of
an action taken cnd enier_! on the niMutes of the
Board of SuperIALO.s e,,n the date sho,..n, g
ATTESTED, b�-�—/--j l � J, `
PHIL GAT HELCti,Cion. ai:he Board
of Supero: ors and Cou.1y Administrator
By ,Deputy
cc: Community Development
Building Inspection
County Counsel
County Administrator
Dr. Lawrence Thal
Mr. Sidney Rastegar
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Board of Supervisors DATE: January 27, 1989
FROM: Harvey E. Bragdon, Director
SUBJECT: 291 Arlington Avenue, Kensington
Staff has met with Dr. Thal and Mr. Rastigar on several occasions in an attempt
to resolve the question of the construction of a three-story addition at 291
Arlington Avenue, Kensington. The most recent meetings were held on January
25th and January 26th respectively.
Agreement between the two parties has been reached in order for the development
to proceed at this time. The agreement provides that:
1. Dr. Thal would be allowed to proceed with construction of a two-story
building addition at a height not to exceed the uppermost peak of the roof
of the existing building.
2. Access to the rear of Dr. Thal 's property will be allowed for Dr. Thal 's
use and emergency access only. This will be accomplished through the
placement of a secured gate at Dr. Thal 's property line consistent with the
requirements of the Kensington Fire District.
3. The number of doctors occupying 291 Kensington will be the same as of the
date of the hearing on .June 6, 1983.
4. Dr. Thal has the option to make application for Development Plan approval
for a third floor addition.
5. No construction will take place nor will the stop work order placed by the
Building Inspection Department be removed until the Building Inspection
Department is satisfied_ as to the adequacy of the retaining wall located
between the two principal 's properties.
This agreement is satisfactory to the two principal parties therefore we
recommend the Board of Supervisors accept this report and discontinue
proceedings relative to it's December 13, 1988 action.
KLW/df
291arl .mem