HomeMy WebLinkAboutMINUTES - 11091993 - H.8 H. 8
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on November 9. 1993 by the following vote:
AYES: Supervisors Powers, Bishop, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Smith
ABSTAIN: None
SUBJECT: Hearing On The Appeal By Virginia Smith Relative To
Land Use Permit 2026-93, Paula H. Bonesteel and Shawn
and Ann Delaney, Oakley Area.
�l
This is the time heretofore noticed by the Clerk of the
Board of Supervisors for hearing on the appeal by Virginia Smith
from the decision of the East County Regional Planning Commission
on the appeal from the decision of the Zoning Administrator for
approval to establish a Day Care Center and future expansion of
this use in an R-6 Single Family Residential District (LUP 2026-
93) , Paula H. Bonesteel (applicant) and Shawn and Anna Delaney
(owners) , in the Oakley area.
Dennis Barry, Community Development Department, presented
the staff report on the proposed project and described the
location of the site, and the history of the appeal . Mr. Barry
commented on the recommendation from the Oakley Municipal
Advisory Council on the application that they agreed with the
first phase of the project but were opposed to the second phase .
Mr. Barry also presented the staff recommendation that the Board
uphold the East County Regional Planning Commission' s decision
approving Land Use Permit 2026-93, denying the appeal of Virginia
Smith, that the Board accept the Environmental Review
Documentation as complete and adequate and adopt the Negative
Declaration with the mitigation measures proposed, approve the
conditions of approval and mitigation monitoring program and
further direct the staff to file a Notice of Determination with
the County Clerk.
Supervisor Torlakson requested clarification on the traffic
and noise monitoring issue .
Mr. Barry responded that monitoring would be related to
making sure that the mitigation measures that reduce the noise
levels such as the fencing requirements and the landscaping
requirements were carried out .
The following persons appeared to testify:
Paula Bonesteel, 924 Halite Way, Antioch, applicant, spoke
in favor of the proposed project and on the need for child care
in the Oakley area.
Paul Smith, 829 W. Cypress Road, Oakley, representing the
appellant, spoke in opposition to the proposed project and
expressed concerns on issues including noise, traffic, shootings
on Cypress Road, speeding vehicles, and dropping children off at
the site . Mr. Smith also presented a letter signed by neighbors
in the vicinity authorizing Mr. Smith to speak for them.
D.D. Carson, 1717 San Jose Drive, Antioch, representing the
Contra Costa Child Care Council, spoke on available child care
slots in the Oakley area and future needs for child care .
r
Vernon Currier, 602 3rd Street, Brentwood, neighbor of the
Sunshine Center in Brentwood, spoke favor of the center.
Joan Herzog, 1469 Port Court, Oakley, spoke in support of
the proposed project .
Laureen C. Hall, 2126 Shadow Court, Pittsburg, Administrator
of Sunshine House, spoke in support of the project and the needs
for child care in Oakley. Ms . Hall also submitted copies of
petitions obtained during the Almond Festival to the Board. (No
copy submitted to the Clerk. )
Sheri Westberry, 415 Pippo Avenue, Brentwood, Director of
the Brentwood Sunshine House, spoke in support of the proposed
Oakley Sunshine House .
Lori Robitaille, 38 Nightengale court, spoke in support of
the proposed project .
Orval Hanson, 600 3rd Street, Brentwood, neighbor of the
Sunshine House in Brentwood, spoke in favor of the proposed
project and he commented on issues including noise and traffic.
Walter Hardcastle, 4949 Pacheco Boulevard, Martinez, spoke
in favor of the project .
The Chairman read a card in support from Terri Bert, 112
Arana Court, Martinez .
A card from John Rally and George Yasser was submitted
stating that Mr. Smith would speak for them.
Paula Bonesteel spoke in rebuttal .
Virginia Smith, 829 West Cypress Road, spoke in opposition
to the project .
Paula Bonesteel spoke further in rebuttal .
Mitch Avalon, Public Works Department, addressed the traffic
issues and concerns that had been expressed. Mr. Avalon spoke on
traffic counts that had been done on Cypress indicating that the
current traffic volumes are less than 4 , 000 cars a day on this
portion of Cypress, well within the capacity of the road, and he
commented that the peak for the day care center would not be at
the same time as the peak traffic for the road. Mr. Avalon also
advised that the speeding on the road was an enforcement problem
and did not necessarily indicate a defect in the road or that
there are too many cars on the road.
Mr. Barry commented on two facility agreements under the
Child Care Ordinance from North State Subdivision 7704 and
Morrison Homes Subdivision 7808 .
The public hearing was closed.
Supervisor Torlakson commented on the need for child care in
Oakley, and he recommended that the Board move forward with this
approval in a way that he could meet with staff, the Smiths, and
the project applicants to look further at the specific conditions
in terms of buffering. Supervisor Torlakson requested
clarification on the need for the preparation of findings for
Board consideration.
Mr. Barry responded that specific findings could be prepared
and that if there was consideration given to changing the
conditions of approval, he suggested that the Board continue the
hearing open so the applicant and others have the opportunity to
review those changes and comment upon them.
Supervisor Torlakson requested clarification on the two
phase process on this project .
Mr. Barry responded that the second phase site plan would
have to come back to the Zoning Administrator, and that the Board
could have it go back to the Planning Commission or to the Board
of Supervisors .
Supervisor Torlakson commented that it would be appropriate
to have that as a noticed hearing in front of the Zoning
Administrator so that interested parties could give testimony.
Supervisor Torlakson advised that his recommendation would
be that the Board declare its intent to approve this project and
request staff to come back with findings at the next Board
meeting, and if there were changes, they could be brought to
everyone' s attention the week before the next meeting, and he
also advised that he would conduct a tour of the site with the
parties within the next week.
Supervisor Powers seconded the motion.
Supervisor Torlakson clarified that the hearing would be
continued to December 7, 1993 at 3 : 00 p.m. and if there are any
changes they would be brought forward at that time with basic
intention to approve having been indicated today by the action
taken.
IT IS BY THE BOARD ORDERED that the hearing on the above
matter is CONTINUED to December 7, 1993 at 3 : 00 p.m. ; and the
Board DECLARES IT INTENT to approve Land Use Permit 2026-93 with
conditions, and staff is DIRECTED to prepare the appropriate
documentation for Board consideration.
hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Sua ors on th date shown.
ATTESTED:IMU 40 •- j C( 3
PHIL BATCHELOR,Clerk of the Board
of st_.pWrvis71.1 d County Ad Inistrator
By .Deputy
cc: Paul and Virginia Smith
Paula Bonesteel
Shawn and Anna Delaney
Community Development Dept.
County Counsel
Public Works-Mitch Avalon
APPEAL
PAULA H. BONESTEEL (Applicant)
SHAWN & ANNA DELANEY (Owners)
COUNTY FILE #2026-93
A request to establish a Day Care Center and future expansion
of this use in an R-6 Single Family Residential District.
Oakley area.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
NOVEMBER 9, 1993 - 2: 15 P.M.
%TO: BOARD OF SUPERVISORS j*
Contra
Costa
FROM: HARVEY E. BRAGDON '+b ( /
DIRECTOR OF COMMUNITY DEVELOPMENTr; COU
DATE: November 9, 1993
SUBJECT: Appeal by Virginia Smith of the East County Regional Planning
Commission's Decision to uphold the zoning Administrator's approval of
County File # 2026-93, Paula H. Bonesteel (Applicant), Shawn & Anna
Delaney (Owners) .
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Uphold the East County Regional Planning Commission's decision
approving Land Use Permit ,#2026-93 and deny the appeal of
Virginia Smith.
2. Accept the environmental review documentation as complete and
adequate.
4. Approve the conditions (Exhibit "A") and Mitigation Monitoring
Program (Exhibit "B") as recommended by the Commission at the
October 4, 1993 meeting.
5. Direct staff to file a Notice of Determination with the County
Clerk.
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The applicant is proposing to establish a Day Care Center and
future expansion of this use in an R-6 Single Family Residential
District, in the Oakley_area.
On August 23, 1993 this. application was presented to the Zoning
Administrator and approved with conditions as proposed by staff.
The Zoning Administrator's decision was' appealed and on October
4,1993, the East County Regional Planning commission u eld the
Zoning Administrator's Approval with an added condi i n
CONTINUED ON ATTACHMENT: X YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMM D ON OF OARD COMMITTEE
_ APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
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:Delmar Tompkins 646-2031 ATTESTED
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Paula Bonesteel THE BOARD OF SUPERVISORS
Shawn & Anna Delaney AND COUNTY ADMINISTRATOR
Mitch Avalon-Public Works
BY , DEPUTY
DT:df
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Page Two
The appeal comes from a property owner adjacent to the subject
parcel. The issues raised in the appeals regard increased traffic
and noise.
During the CEQA Review process, traffic movement about the proposed
site was examined and. the applicant was required to agree to
mitigation measures to the following problems.
IMPACT:
The number of trips generated by this proposal may affect peak
hour traffic on West Cypress Road unless this traffic flows
smoothly into and out of the proposed site.
MITIGATION MEASURES:
To insure adequate site parking and smooth egress, the
recommended Conditions of Approval provide for adequate site
parking and directional signage to separate ingress and egress
traffic streams at Cypress Road. These mitigation methods are
stated in Condition of Approval #2, and reinforced by
Condition #3 (use of parking spaces in front of building,
Conditions #4 and #8 B (directional signage) , and Condition #8
F(b) (Visibility) .
There exists a distance buffer against noise along most of the
subject site boundary. The existing single family home is set back
45 feet from the street and activity areas are to the rear of the
structure. Neighboring homes to the north are across Cypress Road
and homes to the south are across the canal adjacent to the
southern edge of the parcel which has a 110 foot right of way. The
house to the west is 60 feet away from the existing structure and
will be opposite the access driveway of the child care center.
The appellant's house to the east is twenty-five feet away and
there is a need to insulate this property from noise. Conditions
for fencing and outdoor activity restrictions provided buffering of
the residence to the east. At the East County Regional Planning
Commission hearing on October 4, 1993, wording was added to
Condition #6 to require shrubbery in addition to solid fencing for
the purpose of noise reduction.
OAKLEY MUNICIPAL ADVISORY COUNCIL
OMAC held two meetings on this application. They recommended
approval of a 60 unit child care facility. In the second meeting
they did not approve the use expansion. The three letters from
OMAC presented to the East County Regional Planning Commission are
attached within this packet.
Paula Bonesteel Sheri Westberry Mary Lautze
' .924 ,Halite Way 415 Pippo Avenue 163 Avacado Place
Antioch, CA 94509 Brentwood, CA 94513 Brentwood, CA 94513
Carol Richardson Dan Robitaille Laurie Hall
210 Avacado Place 38 Nightingale 2126 Shadow Ct.
Brentwood, CA 94513 Oakley, CA 94561 Pittsburg, CA 94565
Sharon Schmalhaus Orval Hanson Victoria Smith
1025 Wuail Valley Run 600 - 3rd St. 4046 S. Royal Links
Oakley, CA 94561 Brentwood, CA 94513 Circle
Antioch, CA 94509
Julie & Emily Duncan Walter Hardcastle Cathy Aiello
5473 Poper Lane 4949 Pacheco Blvd. 416 W. 12th St.
Oakley, CA 94561 Martinez, CA 94553 Pittsburg, CA 94565
Laura Cortez Oakley Water District Oakley Sanitary District
1351 Barbara St. 27 Main St. P.O. Box 1105
Brentwood, CA 94513 Oakley, CA 94561 Oakley, CA 94561
Oakley Fire District Howard Hobbs Stanni Holt
P.O. Box 207 OMAC Brentwood News
Oakley, CA 94561 P.O. Box 212 654 Third St.
Oakley, CA 94561 Brentwood, CA 94513
Bob Kratina 2026-93 . 1ab
Oakley Union School Dist.
320 Woodview
Oakley, CA 94561
035 404 021 035 404 022 035 404 023
Rodney & Janet Blevins Sidney & Patricia Kruger Charles & Jeannine Macy
810 W Cypress Rd 4501 Tokay Dr 4505 Tokay Dr
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
035 404 024 035 404 025
Perry & Caryn Peck Paul & Ava Blatt
78 Hillmont P1 4517 Tokay Dr
. Danville, CA 94526 Oakley, CA 94561
035 201 002 035 201 003 035 201 004
John Rally Shawn & Anna Delaney maul & Virginia Smith
George Yasser Po Box 3101 829 W Cypress Rd
921 W Cypress Rd Danville, CA 94526 Oakley, CA 94561
Oakley, CA 94561
035 201 005 035 201 '006 035 201 008
Glen & Diana Rosel Kenneth & Susanne Murray Marshall & Dortha Gray
Rr 4 Box 355 941 W Cypress Rd 951 W Cypress Rd
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
035 201 010 035 201 012 035 201 013
Lois Valentine George & Bernice Viscia Alfred & Murlene Diaz
24 Christine Ln Rr 4 26 Christine Ln
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
035 201 014 035 202 004 035 202 007
Gerald Zamora Henry & Norma Points Dominick Vitale
25 Christine Ln Rr 4 Box 354 Tony Cutino
Oakley, CA 94561 Oakley, CA 94561 Po Box 355
Oakley, CA 94561
035 212 007 035 404 001 035 404 002
Barba Louis Del Robert & Shelley Muela Marilynn Byrd
Rr 4 Box 351 831 Almond Dr 841 Almond Dr
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
035 404 003 035 404 004 035 404 005
Richard Peacock Steven Burgess Rudolph Anaya
849 Almond Dr ' Tara Goodnough 901 Almond Dr
Oakley, CA 94561 851 Almond Dr Oakley, CA 94561
Oakley, CA 94561
035 404 006 035 404 007 035 404 008
Cecelia Peixoto John & Cindy Asher Howard & Melanie Moss
Mary Peixoto 931 Almond Dr 941 Almond Dr
Rr 2 Box 387 Oakley, CA 94561 Oakley, CA 94561
Oakley, CA 94561
035 404 012 035 404.013 035 404 014
Melvyn & Esther Vreonis Jose & Virginia Sanchez Lee Auburn & Josephine .
950 W Cypress Rd 5354 Lakespring Dr 2822 Filbert Dr
Oakley, CA 94561 Oakley, CA 94561 Walnut Creek, CA 94598
035 404 015 035 404 016 435 404 017
Fe Albinda Emmanuel Nuval Thomas & April Roberts
Lina Albinda 3012 Elmo Rd 850 W Cypress Rd
920 W Cypress Rd Antioch, CA 94509 Oakley, CA 94561
Oakley, CA 94561
035 404 018 035 404 019 035 404 020
Gholam Keyhantaj Jeffery Hendricks David & Brenda Grilli
840 W Cypress Rd 830 W Cypress Rd 820 W Cypress Rd
Oakley, CA 94561 Oakley, CA 94561 Oakley, CA 94561
RESOLUTION NO. 44-1993
BEFORE THE BOARD OF APPEAL
CONTRA COSTA COUNTY
STATE OF CALIFORNIA
APPEAL - Paula Bonesteel, Applicant
Shawn & Anna Delaney, Owners,
Land Use Permit #2026-93
Oakley area
I
WHEREAS, on May 21, 1993 , Paula H. Bonesteel (Applicant) Shawn
& Anna Delaney (Owners) , filed an application to establish a Day
Care Center and potential expansion, located at #875 Cypress
Avenue, in the Oakley area; and
WHEREAS, a Negative Declaration of Environmental Significance
was posted for this application on July 23 , 1993 ; and
WHEREAS, after notice thereof having been lawfully given, a
public hearing was held by the County Zoning Administrator on
August 23 , 1993, at which time the application was Approved with
Conditions; and
WHEREAS, following the decision, a letter was received by the
Community Development Department signed by eight resident's on West
Cypress Road appealing the Zoning Administrator's decision to the
East County Regional Planning Commission Board of Appeals,
pertaining to increased traffic on the road; and
WHEREAS, at a lawfully noticed scheduled public hearing on
October 4, 1993, the East County Regional Planning Commission Board
of Appeals upheld the Approval decision of the Zoning Administrator
and denied the appeal; and
NOW, THEREFORE, BE IT RESOLVED that East County Regional
Planning Commission Board of Appeals denied the appeal and upheld
the Zoning Administrators's decision of approval with revised
conditions and approval of the mitigation monitoring program; and
BE IT FURTHER RESOLVED that the reasons for these
recommendations are as follows:
1. The proposed conditional land use permit will not be
detrimental to the health, safety and general welfare of the
County.
Page Two RESOLUTION NO. 44-1993
2 . The proposed conditional land use permit will not adversely
affect the orderly development of property within the County.
3 . The proposed conditional land use permit will not adversely
affect the preservation of property values and the protection
of the tax base within the County.
4 . The proposed conditional land use permit will not adversely
affect the policy and goals of the General Plan.
5. The proposed conditional land use permit will not create a
nuisance and/or enforcement problem within the neighborhood.
6. The proposed conditional land use permit will not encourage
marginal development within the neighborhood.
7 . That due to the subject property's location on an arterial
street, thus providing good access; the properties size, thus
providing space for a day care center along with an area for
expansion in a growing residential area where increased child
care needs can be anticipated; and the site's location within
a residentially designated area, a policy of the County
General Plan.
BE IT FURTHER RESOLVED that the foregoing was given by vote of
the East County Regional Planning Commission Board of Appeals in a
regular meeting Monday, October 4, 1993 as follows:
AYES: Commissioners - Andrieu , Hanson , Hern
NOES: Commissioners - Wetzel
ABSENT: Commissioners - Planchon, Sobalvarro
ABSTAIN: Commissioners - None
BE IT FURTHER RESOLVED that the decision of the East County
Regional Planning Commission Board of Appeals was appealed by
Virginia Smith on October 4 , 1993 .
ATTEST:
4Hr VEst
don, Secretary
unty Regional
Plannssion, County
of Contra Costa, State of
California
DT/df
2026-93.res
EXHIBIT "A"
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2026-93 AS APPROVED BY THE EAST
COUNTY REGIONAL PLANNING COMMISSION ON OCTOBER 4, 1993
1 . The request for the establishment of a Day Care Center and its potential expansion is
approved subject to the revised site plans dated received by the Community
Development Department on May 21, 1993.
The maximum capacity of the initial structure will be 60 children. Overall site capacity
with proposed expansion of facilities will be 100 children.
2. To insure adequate site parking and smooth egress,the applicant shall comply with the
following conditions prior to occupancy of each phase of the development.
A. One parking space shall be provided for each five students of the
licensed capacity of the day care center. A minimum of three parking
spaces is required for each building, regardless of student capacity.
B. Directional signage stating "RIGHT TURN ONLY" shall be provided at
each point of egress onto West Cypress Avenue.
3. Drop-off spaces provided in the turnaround area at the site shall not be used for staff
parking.
4. Prior to the issuance of building permits, submit a sign program for review and
approval of the Zoning Administrator. No other outside displays are permitted.
A. The identification sign shall generally conform with a type II outdoor advertising
sign as described in Zoning Ordinance Section 88-6.604. The sign shall not be
higher than 3 feet from the lower part of the advertising panel and shall not be
wider than 6 feet horizontally.
B. Directional signs shall not exceed 3 feet of height or 4 square feet of sign
surface area.
5. All of the trees on the west property line of the subject property shall be preserved.
A report from a qualified arborist shall be obtained if tree removal is to occur. The
arborist's report shall be submitted to the Zoning Administrator for review prior to any
tree removal.
6. Prior to occupancy,the landscape plan dated received by the Community Development
Department on May 21 , 1993 shall be implemented with the following addition.
For purposes of noise reduction the applicant shall construct a solid wood fence
six feet in height, along the eastern property line, beginning with the trash
enclosure area and extending to the rear of the play area. lsar i t.- b!
......................:..........
srwf3bxyt�7 h1pr0dwce nt�ise Sh1le ,nsfia3led plantedIOn the S�t2 s ��st
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s,dd:::fr�m the front<o:.f.:<the. r ; rt>: esEdence to tfe` back of: l�esa:rk�n `ar `aa
p:::.::::::::::::::::::::.::::::::::: :.:..:..:......................:::::..:.:::::9....: ..:.:::::
Thi t�n,n� Adtr�trttSfiratpr S aft nevi vir::arad pprav the r v,SBc l nds�ap. puri
for tf�(s area prgr zo ssisance of huild,nger►nits
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2
7. Development Plans for a second structure and an expansion of the day care center
shall be reviewed and approved by the Zoning Administrator at least 30 days prior to
issuance of building permits. Materials for review will include:
A. Building plans and elevations.
B. Revised site plan showing entire site.
C. Landscape plan.
D. Additional parking.
8. The following requirements pertaining to drainage, road, and utility improvements will
require the review and approval of the Public Works Department. This development
shall comply with the requirements of Title 8, 9 and 10 of the County Ordinance Code.
Any exceptions therefrom must be specifically listed in this conditional approval
statement.
A. FRONTAGE IMPROVEMENTS:
1) The applicant shall be allowed an exception from construction of
ultimate frontage improvements along Cypress Road at this time
provided that a deferred improvement agreement is executed requiring
the owner(s) of the property involved in Permit 2026-93 to:
a. Construct curb, 4-foot 6-inch sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage, and
necessary pavement widening along the frontage. The curb face
shall be located 10-feet from the widened right of way line.
b. Undergrounding of all utility distribution facilities. This shall
include distribution facilities along the frontage of Cypress Road.
C. At the time the deferred improvement agreement is called up,
submit improvement plans, if required, to the Public Works
Department, Engineering Services Division, for review; pay the
inspection fee, plan review fee and applicable lighting fees.
B. ON-SITE DRIVEWAY:
1) The driveway access to this project shall be signed for one way
traffic entering at the westerly driveway and exiting at the
easterly driveway. The exit shall be signed "Do Not Enter" from
Cypress Road. Construct a turnaround near the southerly end of
the driveway.
3 C. ROAD DEDICATION:
1) Convey to the County, by Offer of Dedication, approximately
7.5-feet of additional right of way on Cypress Road as required
for the planned future width of 60-feet.
2) Restrict access along Cypress Road, with the exception of the
two proposed driveways.
D. STREET LIGHTS:
1) Install street lights on Cypress Road and annex the property to
County Service Area L-100 for maintenance of the street lights.
The final number and location of the lights shall be determined by
the Public Works Department, Road Engineering Division.
Application for annexation to CSA L-100 Lighting District shall be
submitted prior to occupancy or commencement of any business
activity.
E. DRAINAGE IMPROVEMENTS:
1) This development shall comply with the requirements of Division
914 (Drainage) of the County Ordinance Code. Division 914 of
the Ordinance Code requires conveying all storm waters entering
or originating within the subject property, without diversion and
within an adequate storm drainage facility, to a natural
watercourse having definable bed and banks or to an existing
adequate storm drainage facility which conveys the storm waters
to a natural watercourse.
7"tepplint sha)I bee�mitted an exceptt:3n from Secficr '
.............
e c IfeG and onve ..: eQurrer LntS ''prt.....
that t# e#oat parts cif the buEldang ...re not increased a►itf that no
............ ....
2) The applicant shall not discharge storm waters into the Contra
Costa Canal or any other water conveyance or impounding
facility for domestic water consumption.
3) Design and construct storm drainage facilities required by the
Ordinance in compliance with design standards of the Public
Works Department.
4) The Ordinance prohibits the discharging of concentrated storm
waters into roadside ditches.
5) Install, within a dedicated drainage easement, any portion of the
drainage system which conveys run-off from public streets.
4
F. GENERAL REQUIREMENTS:
1) Applying for encroachment permits from the Public Works
Department, Engineering Services Division, for driveway
connections within the right of way of Cypress Road.
2) Furnish proof to the Public Works Department, Engineering
Services. Division, of the acquisition of all necessary rights of
entry, permits and/or easements for the construction of off-site,
temporary or permanent, road and drainage improvements.
3) The applicant shall submit a sight distance analysis to analyze
the impact of the tree in the center of the driveway access. The
sight distance analysis will not be needed if the tree is removed.
ADVISORY NOTES
A. The applicant shall be required to comply with all rules, regulations, and procedures of
the National Pollutant Discharge Elimination System (NPDES) for municipal,
construction and industrial activities as promulgated by the California State Water
Resources Control Board, or any of its Regional Water Quality Control Boards (San
Francisco Bay - Region 11 or Central Valley - Region V)
B. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the Oakley/North Brentwood Area of Benefit
as adopted by the Board of Supervisors. The fee will be based on the Commercial rate
which is currently $4,69 per square foot of gross floor area for all structures on the
property. If the Area of Benefit fee has been paid for the existing residence, the
applicant would be able to receive a credit up to the amount of that fee against the
new fee provided that the structure is not still used as a residence.
C. The applicant will be required to comply with the drainage fee requirements for
Drainage Area 29E as adopted by the Board of Supervisors.
D. Comply with the requirements of the County Building Inspection Department.
E. Comply with the requirements of the Contra Costa Fire Protection District.
F. Comply with the requirements of the Ironhouse Sanitary District.
DT/aa
LUPXXXVI I I\2026-93C.DT
8/10/93
10/4/93 - EC(a)
---------------
EBHIBIT "B"
Mitigation Monitoring Program
IMPACTS
The number of trips generated by this proposal may affect peak hour traffic on West Cypress
Road unless this traffic flows smoothly into and out of the proposed site.
MITIGATION MEASURES
To insure adequate site parking and smooth egress, the following two measures will be
required as conditions of approval of this project.
A. One parking space shall be provided for each five students of the licensed
capacity of the day care center. A minimum of three parking spaces is required
for each building, regardless of student capacity.
B. Directional signage stating "RIGHT TURN ONLY" shall be provided at each point
of egress onto West Cypress Avenue.
IMPLEMENTING PARTY
Project Applicant
TIMING
Prior to issuance of building permit
MONITORING ACTION
The applicant shall submit to the Zoning Administrator a final site plan indicating the inclusion
of the mitigation measures into the final design.
Comments:
Monitor's Name: Signature/Date:
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Agenda Item 1
Community Development Contra Costa County
EAST COUNTY REGIONAL PLANNING COMMISSION
MONDAY, OCTOBER 4, 1993 - 7:00 P.M.
BOARD OF APPEALS
I. INTRODUCTION
PAULA H. BONESTEEL (Applicant) -SHAWN &ANNA DELANEY (Owners), County File
#2026-93: This is an appeal of the Zoning Administrator's approval to establish a Day
Care Center and future expansion of this use in an R-6 Single Family Residential
District. Subject site is a one acre parcel at 875 Cypress Avenue located approximate-
ly 800 feet west of the intersection of Rose Ave. and W. Cypress Ave. in the Oakley
Area. (R-6) (ZA:H-25) (CT 3020.00) (Parcel # 035-201-003).
11. RECOMMENDATION
Deny the appeal, uphold the Zoning Administrator's decision.
Ill. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject property is designated as
Single Family Residential High Density in the County General Plan adopted in
January, 1991 . This proposal is consistent with the policies for this designa-
tion.
B. Zoning: The subject property is located in the R-6 Single Family Residential
District. Establishing a day care facility within this district requires an approved
land use permit.
C. CEQA Status: Determination of a Negative Declaration of Environmental
Significance was posted for review on July 23, 1993.
D. Prior Applications: A four lot subdivision was approved by the East County
Regional Planning Commission on June 25, 1990. A final map has never been
filed. As of June 25, 1993, the deadline passed to record the parcel map for
this subdivision.
IV. SITE AND AREA DESCRIPTION
The subject site is a one acre parcel located at 875 W. Cypress Road approximately
800 feet west of the intersection of Rose Avenue and West Cypress Road in the
Oakley Area. The parcel is rectangular in shape, 114.33' wide and 380 feet deep, and
is flat. A newly constructed home is situated near the front of the parcel facing West
Cypress Road. The rest of the parcel is clear and unobstructed, with the exception of
L
2
a row of pine trees along the west parcel boundary and two trees near the rear (south
side) of the house. A canal exists adjacent to the southern edge of the parcel.
The subject parcel is in a single family residential neighborhood. A tract of single
family homes on 6000 square foot parcels exists across (north) West Cypress Road.
Parcels immediately to the east and west of the site are larger. The area south of the
project site (across the canal is mostly undeveloped at this time. The General Plan
designations immediately south of the canal is Single Family Residential High Density
with a Medium Density area beyond that. West Cypress Road is an arterial road in the
Oakley area. There is a middle school and a neighborhood park with a playground
1000 feet to.the west on West Cypress Road. State Highway 4 (Main Street) is one-
half mile to the north or east.
V. STAFF ANALYSIS/DISCUSSION
A. Site Plan Review: The site of the proposed facility is a one acre lot perpendicu-
lar to West Cypress Road in the Oakley area. The first phase of the proposed
development would be the conversion of a recently constructed 3000 square
foot home near the north end of this parcel into a day care center with a
licensed capacity of sixty children. A play area will be landscaped and fenced
behind the existing structure. A 20 foot wide driveway along the west parcel
boundary will run to the rear of this facility for staff and overflow parking. This
width will accommodate emergency vehicle access and turnaround area. The
second phase of the project would be the construction of a parking lot in the
center of the parcel and another 3000 square foot building and related play
areas (on south side of that building) at the southern end of the property.
B. Public Hearing and Issues of Appeal: This application was originally
considered by the Zoning Administrator on August 23, 1993 and approved with
conditions as proposed by staff. Immediate neighbors of the proposed child
care facility have appealed the Zoning Administrators decision.
The issues raised in the appeal regard increased traffic and noise.
C. Traffic: While the arterial roads and transit routes are proper places to put this
type of land use, efforts must be made to reduce the impact of the proposed
project on traffic flow along Cypress Road.
During the CEQA Review process, traffic movement about the proposed site
was examined and the applicant was required to agree to mitigation measures
to the following problems.
IMPACT:
The number of trips generated by this proposal may affect peak hour traffic on
West Cypress Road unless this traffic flows smoothly into and out of the
proposed site.
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3
MITIGATION MEASURES:
To insure adequate site parking and smooth egress, the recommended
Conditions of Approval provide for adequate site parking and directional signage
to separate ingress and egress traffic streams at. Cypress Road. These
mitigation methods are stated in Condition of Approval #2, and reinforced by
Condition #3 (use of parking spaces in front of building, Conditions #4 and #8
B (directional signage), and Condition #8 F(b) (Visibility).
D. Noise: There exists a distance buffer against noise along most of the subject
site boundary. The existing single family home is set back 45 feet from the
street and activity areas are to the rear of the structure. Homes across Cypress
Road would be another 75 feet away at the home directly across the street.
The canal adjacent to the southern edge of the parcel has a 110 foot right of
way and serves as a buffer to any future development of land to the south of
the subject site. The house to the west is 60 feet away from the existing
structure; this home will be opposite the access driveway of the child care
center and will be 50 feet away from the edge of the play area. The house to
the east is twenty-five feet away.
The permit is conditioned for a solid fence (wood) along the eastern parcel
boundary to insulate noise. (A masonry wall would be an alternative solution
if the present solution is inadequate). Restrictions to outdoor activity further
reduce the potential for noise related nuisance. The children play in groups and
are not all in the yard at once. Activity in the play area occurs primarily in the
yard area directly behind the existing home. Additional play area at the eastern
boundary will be used primarily for after school care. (Children brought to the
site as a result of future expansion will be to the rear of the site and at a good
buffering distance from all neighbors.) The use of amplified audio equipment
will be restricted to indoor use only and should not be audible from off site.
E. Discussion of proposed use: As this project was approved, the applicant
is required to submit Site plans, building plans and elevations, landscape plans,
and parking plans for review and approval of the Zoning Administrator prior to
the issuance of any building permits for the expanded facilities. This proposal
could also be handled as two projects with the submission of a separate
application for a land use permit for the expanded use of the site. However,
requiring a separate application raises costs and risks for the applicant who
must commit up front to purchasing a parcel of land when realization of the
potential of the site is in question.
The need for Child Care Facilities in this County is recognized in the Public
Facilities/Services Element of the General Plan. Recently, two Child Care
Facility Agreements were approved that affect this proposed facility if the land
use permit is approved and the facility established (See attached facility
agreements). These agreements are reached for compliance with Conditions
of Approval for approved subdivisions.
4
The existing spatial buffer about most of the site, location along an arterial and
transit route, and the exceptional size of the parcel are special circumstances
in this zoning district and this general plan land use designation. The
establishment of a child care facility with room to expand is an appropriate
strategy in an area where continued residential development and increased child
care needs can be anticipated.
F. Summary: The parking and directional signage conditions agreed to by the
applicant during the environmental review process address concerns regarding
traffic along West Cypress Road. Conditions for fencing and outdoor activity
restrictions provide buffering of the residence to the east. The areas of
separation between adjacent uses and the site provide a quality buffer to other
neighbors.
VI. CONCLUSION
Staff recommends the East County Regional Planning Commission uphold the Zoning
Administrator's decision, deny the appeal and find the establishment of a Day Care
Facility in accordance with County Ordinance Code 26-2.2008.
DT/aa
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8/10/93
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Agenda Item # S
Community Development Contra Costa County
COUNTY ZONING ADMINISTRATOR
MONDAY, AUGUST 23,1993 - 9:30 A.M.
I. INTRODUCTION
PAULA H. BONESTEEL (Applicant) SHAWN & ANNA DELANEY (Owners), County File
# 2026-93: The applicant requests the establishment of a Day Care Center and
consideration of future expansion of this use in an R-6 Single Family Residential
District. Subject site is a one acre parcel at 875 W. Cypress Avenue located
approximately 800 feet west of the intersection of Rose Ave. and W. Cypress Ave. in
the Oakley Area. (R-6) (ZA:H-25) (CT 3020.00) (Parcel # 035-201-003)
II. RECOMMENDATION
Staff recommends that the Zoning Administrator approve the land use permit for a day
care center and future expansion of this use with the attached conditions of approval.
III. GENERAL INFORMATION
A. General Plan Land Use Designation: The subject property is designated as
Single Family Residential High Density in the County General Plan adopted in
January, 1991 . This proposal is consistent with the policies for this
designation.-
B. Zoning: The subject property is located in the R-6 Single Family Residential
District. Establishing a day care facility within this district requires an approved
land use permit.
C. CEQA: Determination of a Negative Declaration of Environmental Significance
was posted for review on July 23, 1993.
D. Other Regulatory Concerns:
E. Prior Applications: A four lot subdivision was approved by the East County
Regional Planning Commission on June 25, 1990. A final map has never been
filed. As of June 25, 1993, the deadline passed to record the parcel map for
this subdivision.
IV. -$ITE DESCRIPTION
The subject site is a one acre parcel located at 875 W. Cypress Road approximately
800 feet west of the intersection of Rose Avenue and West Cypress Road in the
Oakley Area. The parcel is rectangular in shape, 114.33' wide and 380 feet deep, and
is flat. A newly constructed home is situated near the front of the parcel facing West
Cypress Road. The rest of the parcel is clear and unobstructed, with the exception of
2
a row of pine trees along the west parcel boundary and two trees near the rear (south
side) of the house. A canal exists adjacent to the southern edge of the parcel.
The existing single family home is set back 45 feet from the street; the house to the
west is 45-50 feet away from the existing structure; the house to the east is twenty-
five feet away. The proposed expansion would involve another 3000 square foot
building near the southern end of the parcel and additional parking added between the
buildings near the center of the property.
V. AREA DESCRIPTION
The subject parcel is surrounded by single family residential homes. West Cypress
Road is an arterial road in the Oakley area. There is a neighborhood park with a
playground and a middle school 1000 feet to the west on West Cypress Road. State
Highway 4 (Main Street) is one-half mile to the north or east.
VI. PROPOSED PROJECT
The applicant requests the establishment of a Day Care Center in an R-6 Single Family
Residential District. This would involve the conversion of the existing single family
home on the site.
The applicant further requests expansion of this use at a later time. The expansion
would consist of a new structure at the rear of the site and a parking lot between the
two buildings.
VII. AGENCY COMMENTS
A. Building Inspection Department - Final Plans must be prepared by an architect
licensed by the State of California. Compliance with requirements of the
Building Inspection Department is mentioned in the Advisory notes following
the Conditions of Approval.
B. Environmental Health - No response.
C. Public Works Flood Control - See P/W Road Engineering
D. Public Works Road Engineering -The Department has provided a list of road and
drainage requirements. These requirements have been included in the
Conditions of Approval.
E. Comprehensive Planning - No response.
F. Archaeological Inventory - There is a low possibility of archaeological sites.
Further study for archaeological resources is not recommended.
G. State Department of Fish and Game No response
3
H. Contra Costa Fire Protection District - Compliance with Fire District regulations
and ordinances is noted in an Advisory Note following the Conditions of
Approval.
I. Ironhouse Sanitary District -All construction to comply with the conditions and
specifications of the Ironhouse Sanitary District. Lot has existing sewer
service. Connection fee & Service fee will be recalculated for proposed change
in use and increased as necessary. Compliance with Ironhouse Sanitary District
conditions is noted in an Advisory Note following the Conditions of Approval.
J. Oakley Sanitary District - No response.
K. Diablo Water District- Diablo Water District will provide water service providing
all the District's regulations and specifications are met.
L. Oakley Municipal Advisory Council - Approved with the following
recommendations:
1) Driveway width should be increased to a width of 18 feet.
2) Parking requirements to be reviewed for County standards.
VIII.PUBLIC COMMENTS
A petition with nine signatures was received by the Community Development
Department regarding the siting of a day care center in the neighborhood without the
opportunity to have their questions and concerns answered. This followed the meeting
of the Oakley Municipal Advisory Committee to consider this application. These
residents had not been notified. Specific project related concerns expressed in this
petition regard parking, traffic congestion, and noise created by the children at the
proposed day care center.
An individual letter was submitted by a neighbor to the east, whose parcel adjoins the
project site. The concerns cited were traffic congestion due to parents walking across
West Cypress Road to access the site, and with the noise created by the proposed day
care center as their home is only 10 feet from the property line.
Staff has been supplied with letters of recommendation regarding two other day care
facilities currently operated by the applicant. Many of these letters also express
support for a similar facility in Oakley. The Oakley Municipal Advisory Committee has
expressed support for this project.
IX. STAFF ANALYSIS/DISCUSSION
The site of the proposed facility is a one acre lot perpendicular to West Cypress Road
in the Oakley area. The first phase of the proposed development would be the
conversion of a recently constructed 3000 square foot home near the north end of this
parcel into a day care center with a licensed capacity of sixty children. A play area will
4
be landscaped and fenced behind the existing structure. A 20 foot wide driveway
along the .west parcel boundary will run to the rear of this facility for staff and
overflow parking. This width will accommodate emergency vehicle access and
turnaround area. The second phase of the project would be the construction of a
parking lot in the center of the parcel and another 3000 square foot building and
related play areas at the southern end of the property.
Concerns voiced by agencies and the public regarding this project focused on traffic
and noise. The Public Works Department and Fire Department sought an increase in
driveway width, adequate parking, and proper turnaround areas. The applicant met
with representatives of both agencies and incorporated these comments (regarding
road widths and vehicular movement) into the revised site plan. Adequate site parking
and directed site egress onto West Cypress Road will minimize impacts to traffic
movement along West Cypress Road. The calculation of required parking spaces for
this project is based on the Institute of Traffic Engineers guidelines and is based on the
number of students. The permit is also conditioned for provision of directional signage
at egress points from the site onto West Cypress Road.
There exists a buffer against noise along most of the subject site boundary. Single
family homes exist to the north of the parcel across West Cypress Road. The canal
adjacent to the southern edge of the parcel as a buffer to any future development of
land to the south of the subject site. In addition, orchards exist to the south across
the canal at the southern edge of the parcel. The existing home on the parcel to the
west. of the proposed day care center is setback at least twenty feet from that
property line and a line of conifer trees exists along the parcel boundary. This home
will be opposite the access driveway of the child care center and will be 55-60 feet
away from the edge of the play area. Another home to the east is only 10 feet from
the applicant's property line and the existing structure on the subject parcel is 15 feet
from the property line on this side. The permit is conditioned for a solid fence (wood)
along the eastern parcel boundary to insulate noise.
Restrictions to outdoor activity further reduce the potential for nuisance related to
noise. The children play in groups and are not in the yard at once. Activity in the play
area occurs primarily in the yard area directly behind the existing home. Additional
play area at the eastern boundary will*be used primarily for after school care. (Children
brought to the site as a result of future expansion will be to the rear of the site and at
a good buffering distance from all neighbors.) The use of amplified audio equipment
will be restricted to indoor use only and should not be audible from off site.
The establishment of a day care center in an R-6 Single Family Residential District is
allowed on the issuance of a land use permit. This is also an allowed use in the
General Plan Single Family Residential High Density use area.
The Public Facilities/Services Element of the General Plan identifies a need for child
care services in residential areas. Childcare Policies of that Element encourage location
of childcare facilities in residential neighborhoods, employment centers, and along
transit routes. West Cypress Road is identified as an arterial in the Transportation and
Circulation Element of the General Plan and as a transit way in the Land Use Element.
5
Future development could bring employment centers to the State Highway 4 area (one-
half mile north or east of the project site). The General Plan identifies Commercial land
use designations along Highway 4 and Light Industrial areas on the north side of
Highway 4.
Design Criteria in the Transportation and Circulation Element of the General Plan
concerning arterials state that access from abutting parcels may be allowed but shall
be secondary to protection of the traffic serving function of the roadway. In addition,
driveways and parking shall be restricted or may be prohibited to improve capacity and
safety. Child Care Policies of the Public Facilities/Services Element of the General Plan
state that childcare and preschool facilities shall be consistent with residential and
commercial land use designations where safe vehicular access and buffering of
neighboring residences can be achieved.
The parking and directional signage cored:tions agreed to by the applicant during the
environmental review process addresses the expressed general public and public
agency concerns, as well as General Plan policies regarding traffic along West Cypress
Road. Conditions for fencing and outdoor activity restrictions provide effective
buffering of the residence to the east. The areas of separation between adjacent uses
and the site provide a quality buffer. This existing buffer and the exceptional size of
the parcel are special in this zoning district and this general plan land use designation.
Oakley and neighboring areas of the East County are growing communities. Child care
will be a continuing need in this area of the County. The establishment of a child care
facility with room to expand is an appropriate strategy in an area where continued
residential development and increased child care needs can be anticipated.
X. FINDINGS
Staff find this project as conditioned to be consistent with the provisions of County
Code Section 26-2.2008 which outlines the required findings for a land use permit.
DT/dt
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469
E.
Harvey of Community
n
Community Contra Director of Community Development
Development
Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing s----s-
Martinez, California 945530095
Phone: (510) 646 —2031 ,r.1
July 21, 1993 ?rri cbJn� s
Dear Ms. Bonesteel:
RE: LP 2026-93
The determination of a Negative Declaration of Environmental
Significance for this project requires your acceptance of the
following conditions that will mitigate concerns with increased
traffic related to this project.
A. One parking space shall be provided for each five
students of the licensed capacity of the day care center.
A minimum of three parking spaces is required for each
building, regardless of student capacity.
B. Directional signage stating "RIGHT TURN ONLY" shall be
provided at each point of egress onto West Cypress
Avenue.
If you agree to these conditions, please send a signed written
letter of agreement to:
Delmar Tompkins LP932026
Community Development Department
Administration Building -
651 Pine Street
2nd Floor - North Wing
Martinez, CA 94553-0095
Note: An advance copy can be faxed to: (510) 646-2254
If you have any questions regarding this matter, call me at (510)
646-2031.
Sincerely,
Delmar Tompkin
cc: File
Engineering Services, Steve Wright
quso �
OAKLEY MUNICIPAL ADVISORY COUNCIL
{,. c P.O. BOX 212 • OAKLEY, CA 94561
DATE: (011519-3
TO: Harvey Bragdon, Community Development Director
HOWARD HOBBS
ENRICOCINOUINI Attn: Dennis Barry, Current Planning
DENNIS NUNN
ARSENIOESCUDERO Stan Planchon, East County Regional Planning Commission
SPENCER HOUGH (Oakley Representative)
VICTORIA RYAN
HEIDIMAYER Chairman, East County Regional Planning Commission
FILE NO:
APPLICANT: C.cc4' ,�,2 Q 19
1
OWNER: S1/0- 7t "Z-
---------------------------------------------------------------------------
---------------------------------------------------------------------------
The Oakley Municipal Advisory Council considered the above referenced
application on - 3 and offers the following
recommendation:
RECOMMENDDATION:
-1 APPROVE DENY NO COMMENT
VOTE:
CONCERNS, COMMENTS, AND CONDITIONS:
104 400 �
LG' /f/y! ?�i CL ��aCCG+�/lGQcr c
(Attachment Yes No)
By: �CJCTi1c� e-7,Qe?
Oakley Municipal Advisory Council Representative
cc: Supervisor Tom Torlakson
Applicant
OAt&EY MUNICIPAL ADVISORY COUNCIL-
w
�,. P.O. BOX 212 • OAKLEY, CA 94561
DATE: August 17, 1993
TO: Harvey Bragdon, Community Development Director
HOWARD HOBBS Attn: Delmar Tompkins.
ENRICOCINOUINI Attn: Dennis Barry, Current Planning
�ENIOESCUDNERO Stan Planchon, East County Regional Planning Commission
SPENCER HOUGH (Oakley Representative)
NHEDIIMAYERRIA Chairman, East County Regional Planning Commission
FILE NO: 2(126-93
APPLICANT: Paula H. Bonesteel,924 Halite Way, Antioch, CA .
. OWNER: Shawn and Anna Delaney, P.O. Box 3101, Danville, CA
^The Oakley Municipal Advisory Council considered the above referenced
application on August 9, 1993 and offers the following
recommendation:
RECOMMENDATION:
4 APPROVE 2 DENY NO COMMENT
1 ABSTAIN
VOTE: APPROVAL
CONCERNS, COMMENTS, AND CONDITIONS:
1. Approval of 60 unit child care facility.
2. 'No approval for future facility at rear of property.
3. Traffic study be completed prior to any- approval.
4. Wooden f ence with steel post every 16 feet required on each side, east and west.
NOTE: Approval of an additional facility at rear will generate to many veh:iae trips
on an already busy street. When there are sports activities at the OtHara School
and Park, there is not adequate parking at present and parents park in the bike
lane and existing residents have no place to park.
(Attachment-_Yes No)
By: �
Oakley Municipal Advisory Council Representative
Howard G._ Hobbs, Chairman
cc: supervisor Tom Torlakson
Applicant -
• --
n OAt(LEY MUNICIPAL ADVISORY COUNCIL
%0 tj'T IA4 M,,PDX 212 • OAKLEY. CA 94561
03 OCT -l pM 2: 39
HOBBS C"(`Ii4Uj1j y
DENNISCO N
EN NRClN N1 DEVELO "
ENN
ARSENIO ESCUOCUOERO Pr�y DEPT
SPENCER HOUGH
VICTORIA RYAN
HEIOI MAYER
Mr. Delmar Tompkins, Planner
Contra Costa County
Community Development Department
651 Pine Street
4th Floor, North Wing
Martinez, CA 94553
SUBJECT: File No. 2026-93
Applicant - Paula H. Bonesteel
Owner - Shawn and Anna Delaney
Dear Mr. Tompkins:
I understand that the Zoning Administrator heard this
application on August 23, 1993 . I further understand that the
Z.A. approved this proposed Daycare Center.
Subsequent to this approval, an appeal was filed by some of
the neighbors. It is my understanding that this appeal will be
heard before the East County Regional Planning Commission in
early April.
Having reviewed the Staff Report presented to the Zoning
Administrator at the time of the hearing, I would like to clarify
the position of the Oakley Municipal Advisory Council on this
application. Page 3 of the Staff Reports indicates the OMAC
approved the application with the following conditions: (1) that
he driveway width be increased to a width of 18 feet, and (2)
that parking requirements be reviewed for County standards . This
staff report does. not accurately reflect OMAC's position.
The recommendations contained in the staff report were those
that were made when we heard this application the first time on
June 14, 1993 . At that time, the applicant did not present any
information to indicate that the day care would be for more than
55 children. When we became aware that this application was
actually for up to 120 children, we scheduled another hearing
before. the Council on August 17, 1993 .
At that time, we denied the applicant's request for an
increase in the capacity. Attached is a copy of our
recommendations subsequent to that hearing. You will note that
we are requesting a traffic study be conducted prior to any
. .. ... ......
Mr. Delmar Tompkins
September 23, 1993
Page Two
approval. We are aware that traffic is already an issue in this
area, and do not feel approval of an expanded facility is
appropriate. While we generally support the concept of daycare
in our community, we do not feel a center caring for 120 children
is compatible with this neighborhood given the traffic
considerations and the layout of the parcel and it's adjoining
neighbors . We are aware that the applicant already operates two
facilities (one in West Pittsburg and one in Brentwood) ; however,
neither of these facilities is a large as this proposed, and due
not have the physical constraints that this site has .
We would like to make it clear to the East County Regional
Planning Commission that OMAC is not supportive of a facility
that would accomodate 120 children in this area, and that the
staff report (as prepared for the zoning administrator's hearing)
does not represent our true position with regard to this
application. We hereby request that you amend the staff report
" that you will be presenting to the ECRPC.
Sincerely,
Howard Hobbs, Chair
OMAC
i
California Environmental Quality Act
NOTICE OF
Completion of Environmental Impact Report
xxx
Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street North Wing - 4th Floor - Martinez, California 94553-0095
Telephone: (510) 646-2031 Contact Person Delmar Tomokins
Project Description and Location:
PAULA H. BONESTEEL(Applicant) SHAWN &ANNA DELANEY (Owners),County File#2026-
93: The applicant requests the establishment of a Day Care Center and consideration of
future expansion of this use in an R-6 Single Family Residential District. Subject site is a one
acre parcel at 875 W. Cypress Avenue located approximately 800 feet west of the
intersection of Rose Ave. and W. Cypress Ave. in the Oakley Area. (R-6) (ZA:H-25) (CT
3020.00) (Parcel # 035-201-003)
THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE
ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE
WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH.
The Environmental Impact Report or Justification for Negative Declaration is available for
review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
Martinez, CA 94553-1229
Review Period for Environmental Impact Report or Negative Declaration: '7-.2.3 -93
thru /8-
AP 9 R 12/89 By y- f'` �
Community Developrfi'ent Department Representative
California Environmental Quality Act
NOTICE OF
aCompletion of Environmental Impact Report
XXX
Negative Declaration of Environmental Significance
CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street North Wing - 4th Floor- Martinez, California 94553-0095
Telephone: (510) 646-2031 Contact Person Delmar Tompkins
Project Description and Location:
PAULA H. BONESTEEL(Applicant) SHAWN &ANNA DELANEY (Owners),County File#2026-
93: The applicant requests the establishment of a Day Care Center and consideration of
future expansion of this use in an R-6 Single Family Residential District. Subject site is a one
acre parcel at 875 W. Cypress Avenue located approximately 800 feet west of the
intersection of Rose Ave. and W. Cypress Ave. in the Oakley Area. (R-6) (ZA:H-25) (CT
3020.00) (Parcel # 035-201-003)
THIS IS A NOTICE OF STAFF'S DETERMINATION OF THE ENVIRONMENTAL IMPACT OF THE
ABOVE PROJECT. YOU WILL BE FURTHER NOTIFIED OF THE PROJECT'S HEARING DATE
WHERE YOU CAN COMMENT ON THIS DETERMINATION AND THE PROJECT IF YOU WISH.
The Environmental Impact Report or Justification for Negative Declaration is available for
review at the address below:
Contra Costa County Community Development Department
4th Floor, North Wing, Administration Building
651 Pine Street
Martinez, CA 94553-1229
Review Period for Environmental Impact Report or Negative Declaration: 7-.23 43
thru /8
AP 9 R 12/89 By .✓� /� T
Community Developrii'ent Department Representative