Loading...
HomeMy WebLinkAboutMINUTES - 04291986 - 2.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 29 , 1986 by the following vote: AYES: Supervisors Fanden, Schroder and McPeak NOES: ' Supervisor Torl akso.n . ABSENT: None --- - - --ABSTAIN: Supervisor Powers (He was not present at the November 19, 1986 meeting) SUBJECT: Adoption of findings in support of ) the denial of the appeal of. Donald J. ) RESOLUTION NO. 86/220 Kalgaard and Alita C. Fisher from ) Board of Appeals ' approval with ) conditions of the application filed ) by John Bessolo for LUP 2079-85 to ) establish a 24-unit apartment complex) in the' Rodeo area . ) The Board of Supervisors of Contra Costa County RESOLVES that : A. On May 30, 1985 , the applicant, John Bessolo, filed a land use permit application (LUP 2079-85) , requesting approval of a conditional use permit and zoning variances for development of a 24-unit apartment complex in the Rodeo area . B. The project provides for the renovation of the Kronick Hotel building which will contain fourteen apartment units, an addition to the Kronick Hotel building which will contain four apartment units and the construction of a new building to the rear of the Kronick Hotel building which will contain six apartment units . The project site includes two separate parcels . The 24-unit apartment complex and covered parking for residents of the rear units will' be developed on the parcel on which the Kronick Hotel is presently located ( "Apartment Parcel" ) and the second parcel will be used as a parking site for the residents. of the other apartment units ( "Parking Parcel" ) . C. The Apartment Parcel is designated Commercial in the 1984 Rodeo Area General Plan and zoned Retail-Business under the County Ordinance Code. The Parking Parcel is designated Office in the Rodeo Area General Plan and is zoned Multiple-Family Residential (M-17) . D. The application for LUP 2079-85 included a request for the following zoning variances : 1. Zero foot setbacks for the addition to the Kronick Hotel and for the new building (10 feet required); 2 . Parking stalls with 8 feet by 18 feet dimensions (9 feet by 19 feet required) ; 3 . Backup space of 24 feet (28 feet required) ; 4 . Zero foot setbacks for parking spaces (10 feet and 20 feet required) . -1- i E. A negative declaration of environmental significance was posted for the project on July 9, 1985 . F. On July 22, 1985, a public hearing regarding the application for LUP 2079-85 was held before the Contra Costa County Zoning Administrator . At the conclusion of that hearing , the Zoning Administrator approved the application with conditions . G. On July 31, 1985, Donald J. Kalgaard appealed the decision of the Zoning Administrator to the County Board of Appeals . H. On September 10, 1985, a public hearing on the appeal was held by the Board of Appeals . The Board of Appeals continued the matter to allow the Board of Appeals to make a site inspection. The site inspection was conducted on September 20, 1985 . I . On October 1, 1985, the Board of Appeals resumed the hearing on Mr . Kalgaard' s appeal , and on that date, by a vote of 5 to 0 with two abstentions , denied the appeal . The Board of Appeals issued its findings and written decision on October 25, 1985 . J. On October 3 , 1985, Mr . Kalgaard appealed the decision of the Board of Appeals to the Board of Supervisors . November 19, 1985 , the Board of Supervisors , by a vote of Kalgaard appeal_ 3 'to . 1__ (Supervisor:._Powers_ AbsPnt.)._, C�Pn 1P.(�__t�1P... ._. �f_..Mr__.. lgaard and Ms . Fisher. . NOW, THEREFORE, THE BOARD OF SUPERVISORS HEREBY RESOLVES, FINDS, CERTIFIES AND ORDERS AS FOLLOWS: A. Use Permit . 1 . The proposed project will promote the health, safety and general welfare of the County in that it will result in the renovation of the landmark Kronick Hotel building which has been abandoned and boarded up for a significant period of time. The Rodeo Area General Plan identifies the Kronick Hotel as a building which adds character and a sense of identity to the Old Rodeo downtown area, and encourages the preservation and reuse of the Hotel building . Many residents of the Rodeo area have expressed their support for the project before this Board and during the administrative hearing process . The current demand for office and more traditional commercial uses in the Rodeo downtown area is limited and the development of residential housing will help to revitalize that area . 2 . The project will not adversely affect the orderly development of property within the County. The building on the project site is presently abandoned and its renovation will help to promote development in the Old Rodeo downtown area . The proposed project is consistent with the General Plan land use designation of Commercial for the Apartment Parcel, in that apartment projects are encompassed by 2 that designation and the project furthers the commercial land use goal of promoting a mixture of land uses for the downtown area including shelter, and providing multiple-family residential uses in and around the commercial core. The project is consistent with the Retail-Business zoning for the Apartment Parcel, which permits the development of apartment buildings with three or more units upon issuance of a land use permit . The plans for the proposed apartment structures fronting on Parker Avenue include zero foot setbacks which is consistent with the setbacks of existing commercial buildings in the downtown area and the existing zero foot setback of the Kronick Hotel itself . The parking use of the adjacent Parking Parcel for residents of the apartment, is consistent with the General Plan designation of Office, in that such use provides for a transition between residential and commercial land uses , and furthers the General Plan goals and policies that a mixture of land uses, residential and commercial, be established for the revitalization of the Old Rodeo area in that the project provides for residential apartments adjacent to commercial existing uses and furthers the General Plan goal of a sensible parking plan, with parking at the rear of commercial properties so that a unified sidewalk frontage is presented. 3 . The project will not adversely affect preservation of property values and the protection of the tax base within the County. The project includes the restoration and enhancement of a vacant and derelict building which will result in an increase in the value of the Kronick Hotel property in particular and of property value in the Rodeo commercial area in general, and protection of the County' s tax base in that area . The project will aid in the revitalization of the Rodeo commercial area by encouraging a mixture of land uses . The preservation and renovation of a significant architectural building such as the Kronick Hotel will serve to preserve and increase property values . 4 . The project is consistent with the policies and goals of the General Plan. The project furthers the Rodeo Area General Plan goal and policy of encouraging the preservation, enhancement and reuse of certain specified buildings in the Old Rodeo area in that the project preserves , enhances and reuses the Kronick Hotel, a building specifically targeted by the General Plan for such purposes . The project promotes the Rodeo Area General Plan goals and policies that a mixture of land uses, residential and commercial , be established for the revitalization of the Old Rodeo area in that the project provides for residential apartments adjacent to existing commercial uses . The project promotes the Rodeo Area General Plan goal and policy that zero foot building set backs are necessary for continuity of existing buildings in the Old Rodeo area in that the project provides for zero foot building set backs for the apartment buildings . The project furthers the Rodeo Area General Plan goal and policy that the revitalization of the Old Rodeo area requires a resident and employee population and the objective that multiple family residential uses be developed in and around the commercial core of the Rodeo area, in that the project provides for residential apartments in such area . The project promotes the Rodeo Area General Plan policy that when on-site parking is provided, it 3 should be established at the rear of commercial properties so that a unified sidewalk frontage is presented, in that the parking for the project will be established at the rear of the property. The project promotes the policy of the Rodeo Area General Plan that property included in the land use designation of Office provide for a transition between residential and commercial land uses in that this project provides for residential apartments adjacent to commercial uses . The project promotes the goal of the Housing Element of the Rodeo Area General Plan to encourage development of affordably priced housing units by permitting higher densities and mixed uses in the downtown area in that the project provides for development of a 24-unit apartment complex and parking in downtown Rodeo . 5 . The project will not create a nuisance or enforcement problems within the neighborhood or community. The project will remove a substantial nuisance presently existing on the project site, a vacant and abandoned building, and replace it with a viable 24-unit apartment project . Further, the project will not create a nuisance because the conditions of approval for LUP 2079-85 require that the roofs and exterior walls of the buildings be free of- air conditioning equipment and television aerials, or be screened from view; that the site lighting be of low intensity and be deflected so that light shines onto applicant ' s property and not toward adjacent properties; that the project comply with the requirements of the Rodeo Fire District and the Rodeo Sanitary District; that all signs on the project be subject to the review and approval of the Zoning Administrator and the existing signs on the Kronick Hotel be removed; that parking and driving areas be paved so as to prevent ponding of water or creation of dust; and that the nine parking spaces at the north center of the parking lot on the Parking Parcel' be covered by a carport type roof, with suitable wheel stops and a crash barrier to help prevent damage to the neighboring building . The project must also comply with the drainage, road improvement, traffic and utility requirements of the County. 6 . The project will not encourage marginal development within the neighborhood. The project is consistent with the goal and policy of the Rodeo Area General Plan of providing a mixture of land uses in the Old Rodeo downtown area . The development of this type of apartment complex is permitted in retail business zones upon issuance of a land use permit . The project includes the restoration of the Kronick .... Hotel building which will encourage the restoration and renovation of other buildings in the Old Rodeo downtown area . 7 . Special conditions and unique characteristics of the project site and its location and surroundings are established in that the project site _is located in the Old Rodeo downtown area . The project site includes the Kronick Hotel , one of Rodeo ' s significant architectural buildings . This project will preserve and renovate the Kronick Hotel and will provide for a mixture of land uses in the Rodeo downtown area by the development of multi-family housing adjacent to commercial uses . 4 B. Variances . 1 . The variances for the project do not constitute a grant of special privilege inconsistent with the limitations on other properties in the Rodeo downtown area and the respective land use districts in which the project is located. Most of the commercial buildings in downtown Rodeo, including the Kronick Hotel, have zero foot set backs . The Rodeo Area General Plan provides that zero building set backs are necessary for continuity with existing buildings within the downtown area . The variances requested for parking stall dimensions, parking set backs and backup space are minimal and are necessary to allow for sufficient parking spaces for the proposed project . 2 . Because of special circumstances applicable to the project site, including the fact that the project is located in the Old Rodeo downtown area and includes the renovation of the Kronick Hotel building, strict application of respective zoning regulations would deprive applicant of rights enjoyed by other properties in the vicinity and within the identical land use district . A strict application of the zoning regulations with respect to set backs, parking set backs , backup space and parking stall dimensions would be inconsistent with the set backs of other commercial buildings located in the Old Rodeo downtown area, would not be appropriate given the configuration of the parcels and would result in inadequate parking spaces for the project . 3 . The variances requested and authorized substantially meet the intent and purpose of the respective land use districts in which the- project is located in that such districts permit the development of apartment buildings with three or more units upon issuance of a land use permit and permit the development of the parking associated with such housing . C. California Environmental Quality Act . 1 . The Board of Supervisors has considered the Negative Declaration posted for the project on July 9 , 1985 , together with any comments received during the public review process , and the Initial Study, and, based thereon, finds that there is no substantial evidence that the project will have a significant effect on the environment, and hereby approves the negative declaration. 1 hereby certify that this Is a true and correct copy of an action taken and entered on the rr+Inutes.of the Board of Supervisors on the date shown. ATTESTED: Aori 1 29-1986 _ PHIL BATCHELOR, Clork of tho Board of Supervisors and County Adm!nistrator cc: Applicant Appellant �' Robert H. Johanson By . Deputy Britt Habegger Rodeo Chamber of Commerce Rodeo Citizens .Association Community Development County Counsel 5