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HomeMy WebLinkAboutMINUTES - 12011998 - C195 .............................................................................................. ........................................................................ .................................. Contra Costa County TO: BOARD OF SUPERVISORS FROM: DENNIS M. BARRY, AICP COMMUNITY DEVELOPMENT DIRECTOR DATE: December 1, 1998 SUBJECT: Determination on Referral from the California Department of Alcoholic Beverage control Concerning a Finding of Public Convenience or Necessity for Establishment of off-Sale Retail wine and Beer License at a New Shell Gas Station at 5329-A San Pablo Dam Road in the El Sobrante Area. County File #21977841. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve Option B finding that due to the undue concentration of existing alcoholic beverage sales operations in the El Sobrante area, the requested license at the captioned site for off-sale retail license for wine and beer would serve neither public convenience nor necessity. BOARD OPTIONS Optign A - Determine that the requested license for off-sale wine and beer will serve public convenience and necessity. Option B - Determine that the requested license for off-sale wine and beer will serve neither public convenience nor necessity. FISCAL IMPACT Making a Finding of Public Convenience and Necessity would allow the California Department of Alcoholic Beverage Control to issue an off-sale beer and wine license for this site. If a license is issued, then the operation would presumably result in direct fiscal benefits to the County in the form of greater sales tax revenue from the operation. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : / . ------ ACTION OF BOARD ON '-Decernker 1 1998 APPROVED AS RECOMMENDED ,?!�,_ APPReR 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:Aruna M. Bhat - 335-1219 Orig: Community Development Department ATTESTED cc: Bay Area Diablo Petroleum Co. PHIL BATCHELORi CLERK OF El Sobrante MAC THE BOARD OF SUPERVISORS Substance Abuse Advisory Board AND CO Y ADMINISTRATOR Calif. Dept. of ABC, Patricia Mgbam BY DEPUTY ...............11.1........................................... ... .......-............................................................................ ............................................................................ ...........I..................... .......... 2 . The project could also result in indirect costs to the County. Crime and health problems are often associated with areas which have a concentration of beer and wine sales. If this operation were to be established, it might contribute to increased crime or health problems to the El Sobrante population. Such problems would likely increase service costs to County agencies (Sheriff' s Office, Health Services Department, etc. ) . Both fiscal benefits and costs (whether direct or otherwise) would be difficult to project with any precision at this time. BACKGROUNDIREASON,9 FOR RECOMMENDATIONS This site was subject to a recent approval of a land use permit application prior to the applicant filing with the State for off- sale retail license of wine and beer. The application was heard by the Zoning Administrator on May 5, 1997 . At that time, the Zoning Administrator approved the proposed land use subject to conditions. No appeal having been filed in a timely manner, the Zoning Administrator decision became final . Attached is a copy of the approved permit. The Zoning Administrator permit places no restriction on the sale of these commodities. As of the time of the preparation of this report, a building permit has been issued for the project. Application to the California Department of Alcoh-Qlic Beverage Control for Off-Sal-e- Beer and Wine License Following the approval of the gas station, the applicant filed for an off-sale beer and wine license with the California Department of Alcoholic Beverage Control (ABC) . State law has established a moratorium on the approval of new off-sale beer and wine licenses in areas of "undue concentration" as defined by State law. Notwithstanding the moratorium, State law also allows that the Department of ABC may issue an off-sale beer and wine license in areas covered by the moratorium if the applicant can show that public convenience or necessity would be served by the issuance, and where all of the following conditions are found to exist. 1. The site is not located in an area of the County that is subject to relatively high crime rates; 2 . The site is located in an area that is not within an area of high concentration of off-sale retail licenses; and 3 . The local governing body determines that public convenience or necessity would be served by the issuance of the license. (Section 23817 . 7 of the Business and Professions Code. ) The first two determinations are made by the ABC. In this instance, the third determination (public convenience and necessity) is made by the Board of Supervisors. If the County fails to act (make a determination of public convenience and necessity) within 90 days of the date of notification by the ABC, then State law authorizes the ABC to make that determination on its own if the applicant shows the ABC that public convenience or necessity would be served by the issuance. ................ 3 . REVIEW BY.-LOCAL AGENCIES community Development Department - The ABC referred the off-sale license application to the Community Development Department. The licensee brought the matter of the ABC review for Finding of Public Convenience and Necessity to the Community Development Department on September 23 , 1997 . The site is zoned Retail- Business (R-B) . Based on this information, the Community Development Department determined that the proposed off-sale of wine and beer at this site is consistent with the approved land use permit. Substance Abuse Advisory Board - In a letter dated November 10, 1997 the Board has determined that there are a number of alcohol outlets in the area, and has unanimously recommended that the Board of Supervisors find that there is no public convenience or necessity and that associated with the proposed off-sale of wine or beer at this site, and that the license application be denied. El Sobrante Municipal Advisory Council - The El Sobrante MAC also recommends that a finding of public convenience and necessity cannot be made, and would like to see the license application denied (attached) . A petition signed by several neighboring residents objecting to the issuance of beer and wine license is also attached. sheriff's office - No response has been received to date from the Sheriff 's office. It should be noted that at the time that the County set up a procedure of having the county make a determination, the Sheriff 's Office indicated that they believed that the issuance of licenses for the sale of alcoholic beverages is a State function, and that it was outside the expertise of the Sheriff ' s office to define public convenience and necessity. TIME FRAME FOR ACTING ON REFERRAL FROM ABC The referral for Finding of Public Convenience and Necessity for off-sale alcoholic beverages at 5329-A San Pablo Dam Road in El Sobrante was received by the Community Development Department on September 23 , 1997 . State law provides that local agencies have 90 days from the date of the receipt of a referral from the State to make the Finding of Public Convenience and Necessity. If the local agency fails to make a determination regarding public convenience or necessity within the 90-day period (in this case, by December 23 , 1997) , then the State law authorizes the California Department of Alcoholic Beverages Control (ABC) may issue a license if the applicant shows the department that public convenience or necessity would be served by the issuance (Ref. §23958 .4 (b) (2) 1 . This matter was not scheduled on the agenda of the Board of Supervisors as required by County procedure for a determination of public convenience or necessity within the 90-day period. The applicant had indicated to staff verbally that they would withdraw the application. However, after several months, staff was informed that they still wanted to pursue the matter. Before scheduling this item on the agenda of the Board of Supervisors, staff investigated as to whether the ABC would still honor a determination of public convenience or necessity by the Board. Staff discussed with Ms. Patricia Mgbam of ABC and she indicated that her office had taken the position that as long as a local agency had not indicated disinterest in reviewing license applications, that the ABC would allow for indefinite extension of the time period for a local agency to make a determination. 4 . She arca indicated that the ABC would not authorize the requested off-sale license in this case until the County had responded to the referral, however, much time it may take. DISC_UaSION A finding of "no public convenience or necessity" for this license application would result in the applicant failing to qualify for the requested license for off-sale of wine and beer. Staff recommends that the Beard sustain the actions of the El Sobrante MAC and Substance Abuse Advisory Council and find that neither public convenience nor necessity would be served by the proposed license application (Option B) . Pgtential Alternative Action If the Board receives credible evidence that either public convenience or necessity would be served by this license application, then the Board could adopt Option A which would allow the Department of ABC to issue the license. AMB/aa BD/Z1977841 .AMB 11/3/98 CONTRA COSTA COUN7T SUBSTANCE ABUSEADVISORYBOAkD ' 597 Center Avenue,Suite 320 Martinez, C4.94553RON 4 ( DE V E'r.0 M°; l F DEPT November 10, 1997 Ms. Aruna Bhat GCC Community Development Department -District I County Administration Building Marion Beverly Dickens Pine Street Joanna Gomes Martinez, CA 94553-0095 Jeann Stimel Dear Aruna -District 2 Dorothy Buffington, At our last meeting held on Wednesday, October 22, 1997, the Substance Vice chair Abuse Advisory Board (SAAB) reviewer! the Shell Bay Area Diablo Marie Kiyoi Lisa Korpus Petroleum's application for a retail liquor license at their location on 5329 A San Pablo Dam Road in El Sobrante. -District 3 Tom Aswad, chair Jeanne Stimmel, Joanna Gomes and Beverly Dickens appointed Board Robert cox members to District 1 toured and mapped out the number of alcohol outlets Sally Panella in the area. There is a compelling number of alcohol licenses: sixty in a -District 4 two-minute drive up San Pablo Dam Road. The three members' findings Robbie Bush were discussed at the general meeting, a motion was made and Paul costa unanimously passed, recommending to the Community Development Joseph Partansky Department , and the Municipal Advisory Council that Shell Bay Area Diablo Petroleum's request be denied. The grounds for this -District 5 Lisa Bautista-Rivera recommendation is that the number of alcohol outlets in San Pablo Dam Paul Harrod Road clearly establishes no need or public convenience, to open up another off sale liquor license in the area. -At Larne Members Dr.Arthur F. Manning Peter Muller Ellen R.Peterson Sincerely yours, Patricia Thompson Tom Aswad SAAB, Chair District 111 01126/98 15:06 -0510 642 6153 'UCH VCUA Q001 /f'5� December 13, 1997 Ms. Debbie Chamberlain Community Development Departrnea-tt County Administration Building 6511'ine Street 4th Floor,North Wing Martinez, CA 94553-0095 Dear Ms.Chamberlain: I am writing on behalf of the El Sobrante Valley Planning and Zoning Advisory Committee regarding the proposed gas station on the corner of Valley View and San Pablo Dam Road (County File Number LP962100). The Committee has recommended not to approve a wine and spirits liquor license for the project. We feel that there are more then enough locations within.El Subrante to purchase alcohol. in particular,the market behind the gas station,and within 100 yards,sells alcohol that the purchases may carry away and the adjacent bar sells alcohol for on-site consumption. There is no need for additional,sale of alcohol in the area. If you have any questions about our recommendation,please feel free to contact me at (510) 642-1980 during working hours or at(510)223,.2168 after hours. Thank you for your assistance. Sincerely, t usan ells El Sob ra n to Planning Valley and.Zoning Advisory Committee cc: Committee Members 6.4 rgs_ 21 Archery Court El Sobrante, CA 94803 8 December 97 El Sobrante Municipal Advisory Council ATTN: Reva Clark It is my understanding that the new Shell Station under construction at Valley View Road and San Pablo Dam Road has requested a liquor license to sell beer and wine. As member of the community in the vicinity of the Shell Station, I am strongly OPPOSED to granting them a liquor license'. We live in a good neighborhood, full of wonderful families. It is important to us to keep our neighborhood safe. We already have enough local stores from which to purchase liquor: J & A Market, on Valley View directly behind the Shell Station, already sells beer and wine. Just up the road on Valley View is the Lucky Store and next door, Super Stop, both', of which sell beer and wine. And right between these two locations is DeAnza High School, which has too many teenagers who, sadly, already have drinking problems. We should be helping them by, among other things, minimizing their access to alcohol, not increasing it. Driving under the influence of alcohol is a serious problem which endangers all of us. Selling alcohol at a gas station can only serve to increase very real and frightening statistics. Let's protect our neighborhood and our community by DENYING THE SHELL STATION'S REQUEST FOR A LIQUOR LICENSE. Sincerely, Di Di Starr The following community members join me in petitioning you to deny the Shell Station' s liquor license. L �L�✓ ?CC uU 21 A(ciker C°,� � �c��rcttvte., 3 w 10 7YJ ,Adm ' yo. F ; S CONTRA COSTA COUNTY /,o�t- SUBSTANCE AB USE A l)YISORY BOARD 597 Center Avenue,Suite 320 Martinez, CA 94553 July 30, 1998 Ms. Patricia Banks-MgBam Investigator Department of Alcohol Beverage Control 7677 Oak Port Street, Suite 1020 District 1 Oakland, CA 94621 Marion Beverly Dickens Joanna Gomes Re: Letter of Protest to the Issuance of Liquor License Jeann Stimel •District 2 Dear Ms. Banks-MgBam: Dorothy Buffington, Vice Chair Marie Kiyoi This letter is a response to your letter dated July 23 in regards to the issuance of Lisa Korpus an Off Sale Beer and Wine license at 5329 A San Pablo Dam Road, El •District 3 Sobrante, BAY AREA DIABLO PETROLEUM CO. (dba: Golden Gate Shell). Tom Aswad, Chair Robert Cox I will not agree to the proposed conditions of the applicant accepting to operate Sally Panella with a conditional license, and I will not withdraw my protest for the issuance of a license. The reason for the Substance Abuse Advisory Board's •District 4 recommendation remains the same: there is already over saturation of alcohol Robbie Bush outlets in the area; there is clearly no need for public convenience or necessity. Joseph Partansky 'Districts Should you have any questions, please contact our staff person: Fatima Matal Delores Kessler Sol at 313-6311 •At Lame Members Peter Muller Sincerely y9 urs, Ellen R.Peterson Brandy Galloway Deborah Wilson Tom Aswad SAAB-Chair District Ill c.c [ills.Aruna Shat--CCC Community Development Department Ms. Reva Clark-EI Sobrante Municipal Advisory Council Ms. Jeann Stimel-SAAB District I The Mission of the Contra Costa County Substance Abuse Advisory Board is to assess family and community needs regarding treatment and prevention of alcohol and drug abuse problems and report our findings and recommendations 10 the Health Services Department,the Board of Supervisors and the communities which we serves REVISED CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT APPROVED PERMIT APPLICANT: RHL Associates APPLICATION NO. LP962100 1137 North McDowell Petaluma, CA 94954 ASSESSOR'S PARCEL NO. 433-220-011 OWNER: Golden Gate Petroleum ZONING DISTRICT: R-B 1001 Galaxy Way, Suite 308 Concord, CA 94520 APPROVED DATE: May 5, 1997 EFFECTIVE DATE: May 15, 1997 This matter not having been appealed within the time prescribed by law, a permit for A FUEL STATION, CONVENIENCE STORE WITH TAKE-OUT FOOD AND A CAR WASH, is hereby GRANTED, subject to the attached conditions. HARVEY E. BRAGDON, Director Community Develo ment Department J.-a By: R E T D. MAKE, Acting Zoning Administrator Unless otherwise provided, THIS PERMIT WILL EXPIRE ONE (1) YEAR from the effective date if the use allowed by this permit is not established within that time. PLEASE NOTE THE EFFECTIVE DATE, as no further notification will be sent by this office. FINDINGS AND-CONDITIONNS OF AMOVAL FOR LAND USE PERMIT 2100-96 Findinga A. Land Use Permit Findings 1. The proposed conditional land use is not detrimental to the health safety and general welfare of the County. 2. The proposed use will not adversely affect the orderly development of property within the County. 3. The proposed use will not adversely affect the preservation of property values and the protection of the tax base within the County. 4. The proposed use will not adversely affect the policy and goals set by the General Plan. 5. The proposed use will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The proposed use will not encourage marginal development within the neighborhood., 7. There are special conditions or unique characteristics of the subject property and its location or surroundings are established. (Reference Section 26-2.2008 of the Ordinance Code) B. Growth Management Element Performance Standards Findings 1. Traffic: The project as proposed will generate 89 P.M. peak hour trips as documented by the Transportation Planning Division of the Community Development Department. Therefore, the applicant is not required to prepare a traffic report pursuant to the 1988 Measure C requirements. Additionally, the project will be required to contribute fees to the County for local (El Sobrante Area of Benefit) for transportation improvements in accord with ordinance requirements prior to issuance of a building permit. 2. Water: The EBMUD has indicated that the site lies within the District's service area and that the District is capable of serving the project. 3. Sanitary Sewer: West County Wastewater District has indicated that the site lies within the District's service area and that the District is capable of servicing the project. 2 4. Fire Protection: The site lies 314 mile of the Richard Fire Station 94 on Valley View Road. 5. Public Protection: The Growth Management Element standard is 155-square feet of Sheriff's facility station area per 1,000 population. The project will not generate population due to the nature of the use. Additionally, the Sheriffs Office had no comment on this application. 6. Parks and Recreation: Due to the nature of the project,the proposed use will not have an impact on park and recreation facilities. 7. Flood Control ?nd Drainage: The project will be required to collect and convey all run-off to an adequate natural or man made drainage facility. No portion of the project site lies within an area subject to the 100-year floodplain hazard as indicated on the Federal Emergency management Agency Map. (Reference the Growth Management Element, Chapter 4, of the General Plan) CONDITIONS OF APPROVAL 1. The Final Development Plan/Land use Permit is approved generally as shown on the following plans and related documents and as modified by the following conditions of approval: A. Site Plan dated received by the Community Development Department on April 1, 1997, B. Elevations and Color Samples dated received by the Community Development Department on April 14, 1937. C. Sign Program submitted with the application dated November 20, 1996. D. Golden Gate Petroleum El Sobrante Traffic Impact Studyprepared by DIES Associates dated March 17, 1997. Service Station Requirements 2. No new or used tires, auto parts or merchandise shall be permitted on the premises outside the service station building, except for oil displays at gas pump locations. No major mechanical auto repair or auto body repair shall take place on the premises. Only those vehicles awaiting service shall be permitted to be stored on the premises. 3 NPDES Requirements 3. Prior to issuance of a building permit submit final plans for the underground tanks for review and comment of the Health Services Department-Hazardous Materials Division and review and approval of the County Zoning Administrator. The plans shall conform to California Underground Fuel Tank Standards. The fuel tanks shalt be double well and piping with continuous electronic monitoring system. (MITIGATION MEASURE) 4. Prier to issuance of a building permit submit for review and comment of the dean Water Program at the Public Works Department and review and approval of the County 'coning Administrator final designs for the fossil filters or storm water clarifier tank prior to the point of discharge or which are to be installed into the catch basin system. (MITIGATION MEASURE) Lighting Plan Requirements 5. At least 30 days prior to the issuance of a building permit, the applicant shall submit for review and approval of the Zoning Administrator a Lighting Plan. Lights underneath the canopy shall not be directly visible from the street or adjacent properties. Light standards shall be low lying and exterior lights on the building shall be deflected so that lights shine onto applicant's property and not toward adjacent properties, all subject to review and approval by the County Zoning Administrator prior to the issuance of a building permit. (MITIGATION MEASURE) Architectural Review Requirements 6, At least 30 days prior to issuance of a building permit, submit for review and approval of the County Zoning Administrator revised architectural building elevations reflecting a combination of a cement plaster veneer with a hard surface wainscot material. Colors shall be muted (e.g., earthtones with a reflectivity less than 55%). (MITIGATION MEASURE) Archaeological Review Requirements 7. 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 of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation(s), if deemed necessary, (MITIGATION MEASURE) 4 8. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall ceasewithin 10-feet of the find, the Community Development Department shall be notified within 24-hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include, but are not limited to, aboriginal human remains, chipped stone, groundstone, shell and bone artifacts, concentrations of fire cracked', rock, ash, charcoal, shell, bone, and historical features such as privies or building foundations. (MITIGATION MEASURE) 9. In the event of discovery r recognition of any human remains on the site, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of Contra Costa County has been contacted, per Section 7050.5 of the California Health and Safety Code. (MITIGATION MEASURE) Take-out Food Requirements 10. At least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on public'property within four hundred feet of any boundary of the premises on which such take-out food establishment is located. 11. Upon the request of any owner of private property located within four hundred feet of any boundary of the premises on which the take-out food establishment is located, at least three times a week, pick up and properly dispose of trash, litter and garbage originating from such take-out food establishment, deposited on such private property visible from a public street. (Ordinance 89-5 §2). 12. Prior to issuance of building permit, the proprietor shall post a cash deposit, in the amount of$1,125 to cover possible costs of trash, litter or garbage removal should the proprietor of the take-out food establishment fail to properly police the area. If the cash deposit, falls below $1,125, then the proprietor of the take-out food establishment shall deposit the difference forthwith. If inflation makes an increase necessary in the security amount, the Zoning Administrator may make the necessary changes at a public hearing. Landscaping Requirements 13. A landscaping and irrigation plan for all areas shown on the plan shall be submitted for review and approval of the Zoning Administrator at least 30 days prior to issuance of building permits. A cost estimate shall be submitted with the landscaping prograrn plan. Landscaping shall conform to the County Water Conservation Landscape Ordinance 82-26 and shall be installed prior to commencement of business activity in an existing structure . The plan shall be prepared by a licensed landscape architect and shall',be certified to be in compliance with the County Water Conservation Ordinance. A minimum of 1,256 square feet of the project site shall be landscaped. 5 14. California native drought tolerant plant or tree shall be used as much as possible. All trees shall be a minimum 15-gallon size, all shrubs shall be a minimum 5-gallon size, except as otherwise noted. 15. Prior to occupancy, an on-site inspection shall be made of privately owned lands by a licensed landscape professional to determine compliance with the approved landscape plan. A certification of completion shall be submitted to the Zoning Administrator for review and approval. 16. If occupancy is requested prior to the installation of the landscape and irrigation improvements, then either: (1) a cash deposit; (2) a bond; or(3) a letter of credit, shall be delivered to the County for 125 percent of the estimated cost of the uncompleted portion of the landscape and irrigation improvements. If compliance is not achieved after six months of occupancy as determined by the County Zoning Administrator, the County shall contract for the completion of the landscaping and irrigation improvements to be paid for by the held sum. The County shall return the unused portion within one year of receipt or at the completion of all work. Sign Program Requirements 17. Only the following signs shall be allowed, all subject to final review and approval by the County Zoning Administrator prior to the issuance of a building permit for signs: A. One free-standing sign, approximately 50 square feet in area, having an overall height of 10 feet, designed and located as shown on plans', submitted with the application, received by the Community Development Department on November 20, 1996. The sign shall be a monument style sign. B. One price sign-reader board, approximately as shown and located on plans submitted with the application, received by the Community Development Department on November 20, 1996. C. The "car wash" sign on the rear elevation is not approved. 18. All signs shall be on permanent structure and of design and material to compliment the service station building. No signs on the premises shall be animated,'rotating or flashing. The copy of all signs shall be limited to identification of the gas station and advertising of automobile products and services sold on the premises. No flags,' pennants, banners, pinwheels or similar items shall be permitted on the premises, with the exception of a U.S. flag and California state flag. 6 Public Works Conditions Applicant shall comply with the requirements of Titles 8, 9 and 10 of the County Code, as they pertain to this application. Any Ordinance Code exceptions must be stipulated in these Conditions of Approval. Conditions of Approval are based on the April 1, 1997 Site Plan and the March 26, 1997 "Proposed Circulation Plan". Comply with the Following Conditions of Approval Prior to Issuance of h Building Permit: General Requirements: 19. Applicant shall submit improvement plans prepared by a registered civil engineer to Public Works and pay appropriate fees in accordance with the County Ordinance and these conditions of approval. Roadway Improvements (Frontage/On-site/Off-site): 20, Applicant shall repair damaged curb, gutter and sidewalk along both San Pablo Dam Road and Valley View Road. Driveway curb cuts and driveway aprons which will not be utilized with this project shall be removed and replaced with full height curb, gutter and sidewalk. Applicant shall be required to install handicap ramps at the northwest',corner of San Pablo Darn Road - Valley View Road intersection. 21. The one on-site San Pablo Dam Road driveway shall be striped with two inbound turn arrows to limit traffic from exiting this site access. 22. Applicant shall install street lighting and provide adequate longitudinal and transverse drainage along the San Pablo Dam Road and Valley View Road frontage of this property. Exchtions 23. Applicant is granted an exception from relocating frontage improvements along the San Pablo Dam Road and the Valley View Road frontage of this property, since complete roadway, curb, gutter and sidewalk improvements exist within the present road right-of-way. Access to Adjoining Property: Proof of Access/Acquisition 24. Applicant shall furnish necessary rights of way, rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, public and private road or drainage improvements. 7 25. Applicant shall furnish proof to Public works that legal access to the property to the west is available to allow access as shown on RUL,Design Group's, Inc. March 26, 1997 "Proposed Circulation Plan". The driveway to the west shall be limited to a maximum width of 3 5-feet. Encroachment Permit 26. Obtain an encroachment permit from the Application & Permit Center, if necessary, for construction of driveways, or other improvements within the right of way of San Pablo Dam Road and Valley View Road. Site Access 27. Applicant is only permitted access to San Pablo Dam Road and Valley"View Road as shown on RILL Design Group's, Inc. March 26, 1997 "Proposed Circulation Plan". Sight Distance: 28. Applicant shall provide adequate sight distance at the access points proposed to be utilized with this development, for a design speed of 55 miles per hour along San Pablo Dam Road and 45 miles per hour along Valley View Road. Measure "C" LOS Requirements: 29. This application is not subject to Measure"C" LOS requirements, based on the April 1, 1997 "Golden Gate Petroleum, El Sobrante Traffic Impact Study." Road Medications & Public Utility Easement; 30. Applicant shall convey to the County, by Offer of Dedication, any right of way which may be needed for a 11.1 meter (37± foot) distance between the northerly curb face of the existing median island and the proposed right of way line, subject to the approval of Public Works. The right of way dedication shall include a 20-foot radius right of way return at the intersection of San Pablo Dam Road at Valley View Road, 31. Provide a 4-foot Public Utility Easement on the north side of and adjacent to the ultimate San Pablo Dam Road right of way line. 32. Provide up to 2-feet of additional road right of way, or transit easement, up to 25-feet long adjacent to the San Pablo Dam Road right of way, west of the on-site driveway subject to the approval of Public Works. Street Lights: 33. Street lights shall be installed on San Pablo Darn Road and ValleyView Road and the property annexed to County Service Area L-100 for maintenance of the street lighting. The final number and location of the lights shall be determined by the Public Works Department -Engineering Services Division. Application for annexation to CSA L-,100 Lighting District shall be submitted prior to issuance of building permits. Pedestrian Access: 34. All public and private 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. Utilities/Undergrounding: 35. All utility distribution facilities shall be installed underground, including the existing overhead distribution facilities along the frontage of San Pablo Dam Road and Valley View Road. Since frontage improvements will not be constructed with this project,',the applicant will be permitted to defer undergrounding of utilities, provided that the property',owner(s) execute(s) a deferred improvement agreement requiring his installation of the undergrounding, and payment of necessary fees, when requested by the County. Bus Stop: 36. The applicant shall install a bus shelter on San Pablo Dam Road west of Valley View Road, subject to the review of AC Transit, and the review and approval of Public Works. Subject to Public Works approval the property owner may execute a deferred improvement agreement for future construction of the bus shelter. Adequate right of way and sidewalk width shall be provided for at least a 4-foot clear width sidewalk around the ultimate bus shelter. Drainage Improvements Collect and Convev 37. 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. 9 38. The nearest drainage facility is an inlet on San Pablo Dam Road. San Pablo Creek is located north of this property. There are known drainage problems along this portion of San Pablo Creek. Applicant shall verify the adequacy of the drainage system prior to discharging run- off to it, or make the improvements to make it adequate. 39. The applicant shall be required to mitigate the project's additional storm run-off impact on San Pablo Creek by replacing the existing inadequate culvert under D'Avilla Way with an adequate culvert which will convey the design flow under D'Avilla Way as called out in the "San Pablo Creek Watershed Study", and as directed by the Public Works Department, Flood Control Division. OR, the applicant shall contribute $2.70 per square meter($0.25±per square foot) of newly created impervious surface to the County Deficiency Trust Fund (Fund No. 812100-0800), San Pablo Creek Watershed, to be used for creek capacity improvements within the San Pablo Creek Drainage Area. 40. 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. 41. The applicant shall be required to show the creek structure setback line on his site plan in accordance with Section 914-14.012, "Structures Setback Lines for Unimproved Earth Channels", and observe this setback line as if this were a subdivision, OR The applicant will be required to design the foundation for the proposed structures based on a soils and geotechnical report. The soils and geotechnical report shall address potential soil and bank instability resulting from potential erosive creek flows, potential creekbank erosion and instability and shall be submitted to the Building Inspection Department for review. The foundation design may incorporate conservative design analysis rather than rigorous geotechnical analysis if acceptable to the Building Inspection Department. Miscellaneous Drainage Requirements: 42. Storm drainage originating on the property and conveyed in a concentrated manner shall be prevented from draining across the sidewalk(s) and driveway(s). 43. The applicant shall install within a dedicated drainage easement any portion of the drainage system which conveys run-off from public streets. This shall also include the existing storm drainage system traversing this property. 44. The applicant shall be required to comply with the drainage fee requirements for Drainage Area 73 as adopted by the Board of Supervisors. 10 Drainage Area Reimbursements: 45. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible for credit or reimbursement against the drainage area fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. Any credit or reimbursements shall be determined prior to issuance of a building permit or as approved by the Flood Control District. National Pollution Discharge Elimination System: 46 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'hater Resources Control Board, or any of its Regional Water Quality Control Boards (San Francisco Bay - Region Il or Central Valley-Region V). 47. The proposed catch basin(s)which will convey drainage from this property shall be provided with a filtration system(oil grease/water separator)to prevent pollutants/contaminants from entering the catch basin(s)to drain into the creek. The placement of the filtration system on the catch basin shall be shown on the improvement plan for our Public Works review. The applicant shall be required to regularly maintain this filtration system. 48. When washing down the pavement area at the end of the day, a temporary seal shall be installed which will stop the contaminated water from entering the drainage inlet, and the wash water allowed to pond. The ponded water shall be pumped to a storage tank and disposed of off of the property in accordance with regulations for disposal of the hazardous/contaminated material. Or, discharge the contaminated water into the sanitary sewer line, if the Sanitary District will accept the contaminated water into their system. Bridge Crossings and Major Thoroughfare Fee Ordinance: 49. The applicant shall be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Richmond/El Sobrante Area of Benefit. Payment shall be at the commercial rate, or shall be based on the peak hour trip generation from the development, substantiated by a traffic report prepared by a registered traffic engineer. The applicant shall be responsible for providing the required information in a timely manner for review and approval by the Public Works Department- Road Engineering Division. 11 ADVISORY NOTES PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL 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. Comply with the requirements of the West County Wastewater District. B. Comply with the requirements of the West Fire Protection District, C. Comply with the requirements of the Health Services Department, Environmental Health Division. D. Comply with the requirements of the Building Inspection Department. Building permits are required prior to the construction of most structures. E. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. G. This project may be subject to the requirements of the Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate district of the Carps of Engineers to determine if a permit is required, and if it can be obtained. DJC/aa LPVIII/2100-96c.DJC 4/24/97 5/5/97 -ZA(a) - January 34, 1998 AL'S T4 Aruna Bahat 98 FEB c/o Contra Costa Community Development Dept. p11 $: 1'6 651 Pine St. 4th Floor, #1424 d Martinez, CA 94553 � � '6hoP T bEPT RE: Liquor License Denial File #ZI977841 Bay Area Diablo Petroleum Co. (Shell Oil Station in El Sobrante) Lear Ms. Bahat: As an elected member of the El Sobrante Municipal Advisory Council, I called your Office yesterday to check on the status of the ESMAC's denied liquor license for the Bay Area Diablo Petroleum Co. new Shell station on San Pablo Avenue in EI Sobrante. I was particularly concerned about the resident's petition which I read to the ESMACand then presented to the MAC Chairperson, On behalf of those petitioners, I then asked the MAC to send the petition along with the permit denial to the County Board of Supervisors and to be entered in the Board of Supervisor's records. Some days after this MAC meeting, I called our Chairperson and asked about the petition and was told that she was asked by the Bay Area Diablo Petroleum people after that ESMAC meeting to give them the denied permit and the petition and that they would send them back to the County. Because I have been asked by the Petitioneers about what is happening with their';petition and also feeling uncomfortable about the permit and petition being given to the Petroleum people, I called yesterday. I asked about whether that petition was a part of the file. You told me that there was no such petition in your possession and there was only a letter from the County Substance Abuse Council supporting denial. You then asked me to send you a copy of the petition since it was a very important document to go to the Board of Supervisors with the license denial. A copy of that petition is enclosed with this letter. You did say that it is better for the local approval agency, in our case the ESMAC, to send back directly to the County the liquor license application along with any documents having a bearing on the final action. I shall pass along that recommended procedure to the ESMAC members. Thank you for your guideance. Sincerely, rA4. CI-iVAAII;11 Mr. C. William Kassel 115 Renee Ct. El Sobrante, CA 94843 # encls.: Petition cc: ESMAC E