HomeMy WebLinkAboutMINUTES - 11281995 - D7 i Contra
ate' Costa
TO: BOARD OF SUPERVISORS . C-ou
nty
r f J
FROM: Harvey E., Bragdon c uh
Director of Community Development
DATE : November 28, 1995
SUBJECT: Hearing on development plan application DP953056 to construct a
McDonald' s restaurant at the south west corner of Canal Road and
Bailey Road in the Bay Point area of the County. Application filed by
McDonald' s Corporation (Applicant) and The Customer Company (Owners) .
SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Certify the Negative Declaration and accept the environmental
documentation prepared for these projects as adequate.
2 . Accept the findings of the East County Regional Planning
Commission as stated in Resolution No. 30-1995.
3 . Approve Development Plan application as recommended by the East
County Regional Planning Commission as shown on the attached
Conditions of Approval marked "Exhibit A" .
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
At its November 14, 1995, the Board of Supervisors approved the
rezoning for the subject property and continued the development plan
application hearing to- November 28, 1995, to allow sufficient time to
evaluate the proposed 25' pylon sign for McDonalds restaurant.
CONTINUED ON ATTACHMENT: x YES SIGNATURE :
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO ITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON November 28 , 1995 APPROVED AS RECOMMENDED x OTHER x
SEE ADDENDUM FOR BOARD ACTION
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT 4 ) 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.
Source: Aruna Bhat
646-4208
ATTESTED November 28 , 1995 i
Orig. Dept. Community Development PHIL BATCHELOR, CLERK OF j
cc: McDonald' s Corporation THE BOARD OF SUPERVISORS '
The Customer Company AND COUNTY ADMINISTRATOR
Public Works
Redevelopment Agency
BY , DEPUTY
I
ADDENDUM
On November 14 , 1995, the Board of Supervisors approved
rezoning application 3030-95, introduced the ordinance giving
effect to the rezoning, and set today for adoption of same; and
continued to this date the hearing on Final Development Plan
application 3056-95, Bay Point area.
Dennis Barry, Community Development Department, presented
the staff report on the matter.
Supervisor Torlakson .commented on his visit to the proposed
site and his discussion with members of the local Municipal
Council as well as the Planning Commission, and expressed that
his concern with the sign would be mitigated by the fact that
McDonald' s will be taking down existing utility poles and wires
and doing extensive undergrounding, and he suggested added
language to the approval allowing the sign stating that it is
because McDonald' s is clearing the view by removing the wires and
poles . Supervisor Torlakson also recommended approval of the
project with a request to McDonald' s and the Public Works
Department to meet with Pacific Gas and Electric Company to
explore the possibility of a cooperative effort to underground
the one additional pole that is on Canal Road. With those
recommendations, Supervisor Torlakson moved approval of the
development plan and adoption of the ordinance .
Supervisor Smith seconded the motion.
Supervisor Rogers emphasized the difference between this
sign for directional purposes and regular billboard signs .
Supervisor Torlakson concurred and added that he did explore
whether there could be smaller more discreet signs on the exit
approach but that Cal Trans advised that they do not do this in
urban areas .
IT IS BY THE BOARD ORDERED recommendation 1, and 2 are
APPROVED; and that Final Development Plan 3056-95 with amended
conditions (Exhibit A attached) is APPROVED; and Ordinance No.
95-58, giving effect to rezoning application 3030-95, is ADOPTED.
lr-kl�i61 i A
CONDITIONS OF APPROVAL FOR RZ953030 DP953056 AND LP952058 AS APPROVED BY
THE BOARD OF SUPERVISORS ON NOVEMBER 28, 1995
1. This approval is contingent on adoption of Rezoning RZ953030 and Final Development Plan
3056-95 by,the Board of Supervisors.
2. The variance to reduce the minimum parcel size for a non residential project meets the intent
and purpose of Sec 26-2.2006 of the County Zoning Ordinance.
3. This request is approved as generally shown on the following drawings:
-Revised site plan dated received by the Community Development Department on September
8, 1995.
Elevations dated received by the Community Development Department on July 14, 1995.
Sign drawings dated received by the Community Development Department on July 26, 1995.
4. The pylon sign shall be setback as far away from Bailey Road as possible with landscaping
at the base of the sign.
5. Prior to issuance of a building permit, the applicant shall enter into a Reciprocal Option
Agreement with the Contra Costa County Redevelopment Agency.
6. Prior to issuance of a building permit, the applicant shall enter into a First Source Hiring
Agreement with the Contra Costa County Redevelopment Agency.
7. The exterior colors and materials shall be subject to the review and approval of the Zoning
Administrator prior to the issuance of a building permit for the proposed restaurant.
8: The maximum indoor seating capacity allowed is 75 patrons. Seating for those waiting to
pick-up take-out food shall not be included in this total.
9. The sound system for the take-out, drive-up window shall be designed to not project off-site.
R
10. No outdoor sales or storage of materials is permitted.
11. Should archaeological materials be uncovered during grading, trenching or other on-site
excavation(s), earthwork within 30 yards of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology (SCA)
and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate
the significance of the find and suggest appropriate mitigation(s), if deemed necessary.
2
12. Comply with the following construction, noise, dust and litter control requirements:
A. Noise generating construction activities, including such things as power generators,
shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and
shall be prohibited on State and Federal holidays. The restrictions on allowed
working days may be modified on prior written approval by the Zoning Administrator.
B. The project sponsor shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition and shall locate
stationary noise-generating equipment such as air compressors and concrete pumpers
as far away frgm existing residences as possible.
C. At least one week prior to commencement of grading, the applicant shall post the site
and mail to the owners of property within 300 feet of the exterior boundary of the
project site notice that construction work will commence. The notice shall include a
Est of contact persons with name, title, phone number and area of responsibility. The
person responsible for maintaining the list shall be included. The list shall be kept
current at all times and shall consist of persons with authority to indicate and
implement corrective action in their area: of responsibility. The names of the
individual responsible for noise and litter control shall be expressly identified in the
notice: The notice shall be reissued with each phase of major grading activity.
A copy of the notice shall be concurrently transmitted to the community Development
Department. The notice shall be accompanied by a list of the names and addresses of
- the property owners noticed, and a map identifying the area noticed.
D A dust and litter control program shall be submitted for the review and approval of
the Zoning Administrator. Any violation of the approved program or applicable
ordinances shall require an immediate work stoppage. Construction work shall not
be allowed to resume until, if necessary, an:appropriate construction bond has been
posted.
E. The applicant shall make a good-faith effort to avoid interference with existing
neighborhood traffic flows. Prior to issuance of building permits, the proposed roads
serving this development shall be:constructed to provide access to each lot. This shall
include provision for an on-site area in which to park earth moving equipment.
13. Parking spaces shall be marked or maintained on the.pavement and any other directional
marking or signs shall be installed as permitted to insure the maximum utilization of space,
sufficient traffic flow and general safety.
14. Lighting shall be directed downward and away from residential areas and public streets so as
not to produce a glare. Lighting intensity shall be no:greater than reasonably required to light
the parking area.
15. A barrier curb or wheel stop at least 6" in height shall be provided adjacent to landscaping and
buildings to prevent damage to these facilities by the vehicles utilizing the parking areas.
16. At least three times a week, pick up and properly dispose of trash, litter and garbage
originating from the take-out establishment deposited on public property within 400 feet of
any boundary of the subject property.
17. Upon the request of any owner of private property located within 400 feet of any boundary
of the premises on which the take-out food establishment is located, the operator of the take-
-out food establishment shall pick-up properly dispose of trash, litter and garbage originating
from the premises within 24 hours of the request.
18. Prior to issuance of a building permit, the applicant shall demonstrate compliance with the
take-out food ordinance (#88-16) relative to assurance of trash abatement in the vicinity of
the site. A cash deposit, letter of credit or corporate surety bond equivalent to $1,125 shall
be deposited with Community Development Department prior to obtaining building permit
for the restaurant.
19. All proposed landscaping shall conform to the County Water Conservation Landscape
Ordinance #82-2. The plan shall be prepared by a licensed landscape architect and shall be
certified to be in compliance with the County Water Conservation Ordinance. The plan shall
be reviewed and approved by the Zoning Administrator prior to obtaining permit for the
restaurant.
20 Conditions of Approval from the Public Works Department.
A. General Requirements:
1) This development shall conform to the requirements of Division 914
(Drainage) and the remainder of Title 9 and Title 10 of the Subdivision
Ordinance. Any exceptions there from must be specifically listed in the
conditional approval statement. Drainage,road and utility requirements are
based on the plan submitted on August 1995 and shall be subject to the review
of the Public Works Department.
2) Improvement plans prepared by a registered civil engineer shall be submitted
to the Public Works Department, Engineering Services Division, along with
review and inspection fees, and security for all improvements required by the
Ordinance Code or the conditions of approval for this project.
3) All public pedestrian facilities and access ways shall be designed in accordance
with Title 24 (Handicap access) and the Americans with Disabilities Act. This
shall include all sidewalks, paths, trails, driveway depressions as well as
handicap ramps.
4
B. Roadway Improvements (Frontage/On-Site/Oft-Site):
Applicant shall remove the existing driveway depression on the south/east side of
Canal Road between the proposed driveway entrance to the site off Canal Road and
the Bailey Road/Canal Road intersection and install conforming curb and sidewalks.
C. Access to Adjoining Property„
Proof of Access/Acquisition
1) Applicant shall furnish proof to the Public Works Department, Engineering
Services Division, of the: acquisition,of all necessary rights of way, rights of
entry, pen-nits and/or easements for the construction of off-site, temporary or
permanent, road or drainage improvements.
Encroachment Permit
2) Obtain an encroachment permit from the Application and Permit Center for
construction of driveways, or other improvements within the right of way of
Bailey Road and Canal 13 Wad.
3) If necessary, an encroachment permit for construction within the State right
of way shall be obtained from Caltrans through the Public Works Department,
Engineering Services Division.
D. Parking:
"No Parking" signs shall be installed to restrict parking along Canal Road on the
south/east side.
E. Sight Distance:
1) Placement of store signs, and other potential sight distance obstructions shall
be subject to the review of the Public Works Department, and review and
approval of the Zoning Administrator.
2) To provide for adequate sight. distance at the Canal Road driveway entrance,
landscaping along the frontage of Canal Road shall be restricted to a height
of 0.8 meters (2.5 feet) or less, measured from the top of curb.
F. Utilities/Undergrounding:
All utility distribution facilities shall be installed underground, including the existing
overhead distribution facilities along the frontage of Bailey Road. The applicant is
granted an exception from undergrounding utility distribution facilities along the
frontage of Canal Road.
G. Drainage Improvements:
Collect and Convey
1) Division 914 of the Ordinance Code requires that all storm waters entering or
originating within the subject property shall be conveyed, without diversion
and within an adequate storm drainage facility, to a natural watercourse
having definable bed and banks, or to an existing adequate public storm
drainage facility which conveys the storm waters to a natural watercourse.
2) Discharging storm waters into the Contra Costa Canal or any other water
conveyance or impounding facility for domestic water consumption is
prohibited by the Ordinance Code.
3) Storm drainage facilities required by Division 914 shall be designed and
constructed in accordance with specifications outlined in Division 914 and in
compliance with design standards of the Public Works Department.
H. Miscellaneous Drainage Requirements:
Storm drainage originating on the property and conveyed in a concentrated manner
shall be prevented from draining across the sidewalk(s) and driveway(s).
ADVISORY NOTES
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS
OFAPPROVAL BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL,
ADVISORY NOTES ARE PROVIDED FOR THE PURPOSE OF INFORMING THE
APPLICANT OF ADDITIONAL ORDINANCE REQUIREMENTS THAT MUST BE MET
IN ORDER TO PROCEED WITH DEVELOPMENT.
A. The applicant will be required to comply Na11th the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Bay Point Area of Benefit and the Eastern Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors.
B. The applicant shall be required to comply with the drainage fee requirements for Drainage
Area 48D as adopted by the Board of Supervisors.
C. The applicant shall be required to comply with all rules, regulations, and procedures of the
National Pollutant Discharge Elimination Systems (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 II or
Central Valley-Region V).
D. Comply with the requirements of the Delta Diablo Sanitation District.
E. Comply with the requirements,of the Contra Costa County Fire Protection District.
F. Comply with the requirements of the Health Services Department, Environmental Health
Division.
G. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most: structures.
H. The applicant will be required-to comply with the requirements of the Bridge/Thoroughfare
Fee Ordinance for the Bay Point Area of Benefit and the Eastern Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit as adopted by the Board of Supervisors.
I. The applicant will be required to comply with the drainage fee requirements for Drainage
Area 48D as adopted by the Board of Supervisors.
I. The applicant shall be required to comply with all rules, regulations, and proceduresof 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 II-or
Central Valley -Region V).
AMB/aa
DPIs/3056-95C.AMB
9/18/95.
10/2/95 - EC (a)
.11/28/95 - B/S (a)
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ORDINANCE NO. 95-58
(Re-Zoning Land in the
Bay Point Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Page F-18 of the County's 1978 Zoning Map(Ord.No.78-93)is
amended by re-zoning the land in the above area shown shaded on the map(s)attached
hereto and incorporated herein (see also Community Development Department File No.
RZ 95 3030 )
M-29 Multiple Family Residential
FROM: Land Use District D-1 ( Two Family Residential t
TO: Land Use District P-1 ( Planned Unit Development t
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec.84.2.003.
- --- _M E
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9 M f
IM B 4l =
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�lut�tta:Jt S. ai iz
• -- A a BEL AIR
SCHOOL
CONTRA OSTA CANAL
--- --___=- -_______- ----- •_- _ CANAL RD
SR! 8R 24
SECTION II. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days of passage shall be published once with the names of supervisors
voting for and against it in the LEDGER DI SPATCH ,a newspaper
published in this County.
PASSED onNovember 28 , 19 9 5by the following vote:
Supervisor Aye ND Absent min
1. J.Rogers ( ( ) ( ) ( )
2. J.Smith ( ( ) O ( )
3. G.Bishop ( ( ) ( ) ( )
4. M.DeSaulnier ( ) ( ) ( )
5. T.Torlakson (x) ( ) ( ) ( )
ATTEST: Phil Batchelor,County Administrator
and Clerk of the Board of Supervisors GAYLE BISHOP
Chairman of the Board
By ANN CERVELLI Dep. -� (SEAL)
-�8 U
303 0 's a
ORDINANCE NO, 95-58 U '
(Re-Zoning Land in the
Bay Point Area)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I: Page F-18 of the County's 1978 Zoning Map(Ord.No.78-93)is
amended by re-zoning the land in the above area shown shaded on the map(s)attached
hereto and incorporated herein(see also Community Development Department File No.
RZ 95 3030 .)
M-29 Multiple Family Residential
FROM: Land Use District D-1 L Two Family Residential
TO: Land Use District P-1 ( Planned Unit Development
and the Community Development Director shall change the Zoning Map accordingly,
pursuant to Ordinance Code Sec.84.2.003.
_ _ V
•
M-17 M 1
Y
-- MO
9 '� M E Z'sri
IM B :
iLL"a s:- r' sF BEL AIR
SCHOOL
CONTRA OSTA CANAL
--- ---___=--_---^-- -
C--..-.--
SECTION Il. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days of passage shall be published once with the names of supervisors
voting for and against it in the LEDGER DISPATCH ,a newspaper
published in this County.
PASSED on November 2 8 , 19 9 5 by the following vote:
Supervisor Ay1 h12 Absent Abstain
1. J.Rogers (x) ( ) ( ) ( )
2. J.Smith ;). ( ) ( ) ( )
3. G.Bishop (4 ) ( ) ( ) ( )
4. M.DeSaulnier, ( ) ( ) (x) ( )
5. T.Torlakson (X ) ( ) ) ( )
ATTEST: Phil Batchelor,County Administrat
and erk o e Boar o upervisors
Chairman o the Board
By Dep. (SEAL)
ORDINANCE NO. 95-58
RZ 95 3030 McDonald's Corporation