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HomeMy WebLinkAboutMINUTES - 04231985 - T.9 T.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 23, 1985 , by the following vote: AYES: Supervisors Powers , Schroder , McPeak , Torlakson and Fanden NOES: None ABSENT: None ABSTAIN: None SUBJECT: Appeal of James A. McCall (applicant ) and Duke Margherio (owner) from denial of LUP 2203-84 to establish a pre- school in the Alamo area . This being the time for hearing on the appeal of James A . McCall (applicant ) and Duke Margherio (owner) from the San Ramon Valley Area Planning Commission denial of LUP 2203-84 to establish a pre- school on property located at the northwest corner of Stone Valley Road and Miranda Avenue in the Alamo area; Harvey Bragdon, Assistant Director of Planning , described the property and the use proposed under the requested land use per- mit , and advised that a Negative Declaration of Environmental Significance was posted on January 15 , 1985 . Mr . Bragdon advised that the San Ramon Valley Area Planning Commission had denied the application. The Chair declared the hearing open . James A. McCall , applicant , appeared and submitted a report prepared by jhk & Associates summarizing its investigation into traffic and safety aspects of the proposed Rainbow Junction Pre- School the proposed mitigations for same . Mr . McCall urged the Board to approve LUP 2203-84 allowing a pre-school for 15 children . Supervisor Schroder inquired if the San Ramond Valley Area Planning Commission had reviewed the jhk traffic study. Mr. Bragdon advised that it had not , that the study was submitted after the:' planning commission meeting. The following persons appeared in favor of granting the Land Use Permit: 1 . Charles Askin, 31 Loma Vista , Walnut Creek 94596 2. Judy Charlton, representing Contra Costa Children' s Council 3. Roger Morgan , 11 Sage Cout , Walnut Creek 4. Virginia Sanchez-Salazar , representing the CCC Office of Education-Special Education Pre-School Program 5. Luke Boswell , 25 Sandstone Court , Alamo 6 . Susan Romona Curry, 134 Village Court , # 7, Walnut Creek 94596 7. Deborah Tupper , 2325B San Juan Avenue , Walnut Creek 8. Steve Oliver , 1053 Leroy Lane , Walnut Creek 9. Edward Peter (Duke) Margherio , 975 Ygnacio Valley Road , Walnut Creek, co-owner of the property The following persons appeared against the granting of the Land Use Permit: 1 . Hal Petrie , 1530 Romley Lane , Alamo , representing the Alamo Improvement Association 2. Conni Kirn , 3181 Miranda Avenue , Alamo 3. Lois Barker , representing the Round Hill Property Owners Association 1 No one else having desired to speak, the. Chair declared the hearing closed . Supervisor Torlakson discussed with staff how the traffic generated by the school would affect the traffic flow on the corner of Stone Valley Road and Miranda Avenue . Supervisor Shcroder commented that the Board realizes the need for and has a policy favoring day care centers , but what is before the Board is not the question of need for a day care center , but the appropriateness of the use of the land . Supervisor Schroder further commented that inasmuch as the San Ramon Valley Area Planning Commission did not have the traffic consultant' s study before it when making its decision to deny, he would recommend that the matter be referred back to the Commission for its report and recommendation in light of the new traffic study. IT IS BY THE BOARD ORDERED that the decision on the appeal . from denial of Land Use Permit 2203-84 is DEFERRED to May 21 , 1985 - and the matter is REFERRED back to the San Ramon Valley Area Planning .Commission, along with the traffic mitigation study report , for recommendation to the Board on May 21 , 1985. I hereby certify that this is a true and ccrrec'cony of an action taken and entered on the rcinu.es of am Board of Superviso/rs on the date shown. ATTESTED: 9i-5 PHIL BATCH LOR, Clerk of the Board of Supervisors and County Administrator By .Deputy cc: Director of Planning Public Works Director County Counsel Applicant 2