HomeMy WebLinkAboutMINUTES - 05051987 - T.10 T1a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 5, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing on Appeal of the Contra Costa County Flood Control
and Water Conservation District on Collect and Convey
Condition of Approval for Land Use Permit #2138-86 in the
Byron Area.
On April 21, 1987, the Board continued to May 5, 1987 at 3 : 00
p.m. the hearing on the appeal of the Contra Costa County Flood
Control and Water Conservation District from the East County Regional
Planning Commission' s granting the appeal of Wayne Baio related to
certain conditions of approval of Land Use Permit #2138-86 in the
Byron area.
Harvey Bragdon, Director of Community Development, reviewed the
history of the project and commented on a new condition #16 that
requires a dedication of easement for Byron Bethany Irrigation
District and informed the Board that the applicant has agreed to the
condition.
Supervisor Torlakson commented on the background of the site and
presented a letter of Hold Harmless from the applicant and presented
it to the Clerk for the record; he also commented on staff' s concern
for setting a precedent.
The Chairmwoman opened the public hearing and the following
people appeared to speak:
Eric Hasseltine, 709 Montecello, Walnut Creek, representing the
applicant, commented on the history of the project and the fact that
the East County Planning Commission had approved the Land Use Permit
without the Collect and Convey condition. He also questioned the
condition concerning the hours of operation and the prohibition of the
sale of beer and wine because of the gas pumps. He asked the Board to
deny the appeal of the Flood Control District, accept the letter of
indemnification as a justification for an exception to the collect and
convey ordinance, delete condition #15 as not having applicability and
in return the applicant is willing to accept condition #16 relative to
the easement being granted to Byron Bethany Irrigation District. He
also presented a letter from Ann Templeton, President of the Byron
Chamber of Commerce, in support of the project and he presented a
petition circulated by some of the neighbors in support of the
project;
Bud Murphy, Contra Costa County Flood Control and Water
Conservation District, commented on the importance of the collect and
convey condition and the two important features of collect and convey,
that the County have the opportunity to develop the drainage
infrastructure as development takes place and the liability that comes
to the County with approving any development without the adequate
drainage facility; and he commented that as long as those two concerns
had been met, there would be no trouble with collect and convey, and
with the unusual circumstances and the County having the letter of
Hold Harmless from the applicant, perhaps there was a basis for that
finding.
Debbie Pereira, 3312 Camino Diablo Road, Byron, spoke in favor of
the project;
Nick Papadakos, Byron Fire Protection District, spoke in favor of
the project;
Floyd Wetzel, P.O. Box 184, Byron, expressed concerns including
contamination of wells from gasoline runoff from the pump area and he
stated that he had not signed the petition presented by Mr. Hasseltine
and that notifiction on this project had been lax;
Mike Roberts, 3238 Camino Diablo, Byron, presented photos of the
site and spoke in opposition to the Land Use Permit and commented his
wife had not signed the petition either. His concerns included well
contamination, lack of notification, surfacing of the parking lot,
buffering, traffic hazards, law enforcement and parking;
Eric Hasseltine commented in rebuttal on concerns including the
validity of the petition and the drainage system around gas pumps.
He requested the Board disregard the petition if there was a question
of validity of the signatures.
Supervisor McPeak commented on the state reqirement for double
lining of gas tanks.
Supervisor Torlakson commented on the landscaping conditions of
screening and fencing, and that perhaps this could be handled by the
Zoning Administrator, the applicant and the neighbors.
Supervisor McPeak recommended another condition to have the
applicant comply with the existing regulations on gas stations and
review by the Building Inspector on drainage being away from the
ditch.
The public hearing was closed.
Supervisor Torlakson moved approval of the application, denial of
the appeal, understanding and stressing that it is not precedent
setting, that previous structures had existed on the site; accepting
the letter of indemnification with regard to any potential increase in
drainage; deletion of condition No. 15 and the addition of No. 16, as
presented by staff; and for extra emphasis addition of condition No.
17 that would have staff pay particular attention to the question of
drainage and protection of existing wells by review of the Health
Department and the Building Inspection Department.
Supervisor McPeak advised Mr. Wetzel and concerned citizens
present that the Board would disregard the petition presented by Mr.
Hasseltine.
IT IS BY THE BOARD ORDERED that the appeal of the Contra Costa
County Flood Control and Water Conservation District from the decision
of the East County Regional Planning Commission to grant the appeal of
Wayne Baio related to certain conditions of approval of LUP 2138-86 is
DENIED; and LUP 2138-86 is .APPROVED with amended conditions attached
hereto as Exhibit A.
1 hereby certify that this Is a true and correctcopy of
an action taken and entered on the minutes of the
Board of Supervisors ona the sate shown.
ATTESTED: nm� _9 L.I.
PHIL GATCI �. ;. Cietk cl the Board
of Supervisors and County Administrator
Orig. Dept: Clerk of the Board ByJ Deputy
cc: Community Development p ty
County Counsel
County Administrator
Health Department
Building Inspection
Byron Fire Protection District
Wayne Baio
CC Flood Control & Water Conservation Dist.
CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2138-86
1. Development shall be generally as shown on the building plan submitted with
the application and dated November 3, 1986 by the Community Development
Department, the revised plot plan dated received November 3, 1986, and
these conditions of approval . Development shall be subject to final review
and approval by the County Zoning Administrator prior to issuance of a
building permit.
2. Comply with the landscape and irrigation requirements as follows:
A. At least 30 days prior to issuance of a building permit, a landscape
and irrigation plan shall be submitted for review and approval by the
County Zoning Administrator. A cost estimate or copy of contract for
landscaping improvements shall be submitted with the plan. Land-
scaping and irrigation shall be installed prior to occupancy of the
building.
B. The proposed trees on the site are to be a minimum of 15 gallons in
size. The proposed shrubs on the site are to be a minimum of 5
gallons in size. The planter at the southwest corner of the site
shall have at least four trees. The planter at the northeast corner
of the site shall be planted with three trees.
C. The planter along the southeasterly property line shall be widened to
6 feet to provide additional landscape. Vehicles may overhang 2 feet
into the planter.
D. Drought tolerant and/or native plant species shall be used as much as
possible.
E. The rearyard setback shall be 4 inches, and the textural detail of the
rear wall shall be subject to the review and approval of the Zoning
Administrator.
F. Landscaping must comply with the Contra Costa County Policy on Water
Conservation Requirements which controls the amount of turf area,
types of plants and irrigation systems.
3. Prior to issuance of a building permit, elevations and examples of exterior
colors and materials for buildings and structures shall be subject to final
review and approval by the County Zoning Administrator. The roofs and
exterior walls of the buildings shall be free of such objects as air
conditioning equipment, television aerials, etc. , or screened from view.
Roof equipment shall be moved as much as possible away from surrounding
residential parcels. Building and doors shall be of an earth tone color and
there shall be no unpainted exposed metal . The final color scheme shall be
subject to Zoning Administrator review and approval prior to building
permit issuance.
EXHIBIT A
2.
4. Exterior lights shall be deflected so that lights shine onto applicant's
property and not toward adjacent properties. The Zoning Administrator
shall review and approve lighting details prior to issuance of building
permits.
5. No outdoor storage of materials shall be allowed.
6. A sign program shall be developed for the site. The Zoning Administrator
shall review and approve the sign program. One project identification sign
will be allowed in the planter at the front of the project, subject to
review and approval of the Zoning Administrator. The project identifica-
tion sign shall be a monument type of sign. No flags, pennants, banners,
pinwheels or similar items shall be permitted on the premises with the
exception of the United States or State of California flags.
7. Comply with the requirements of the Byron Fire Protection District.
8. Comply with the requirements of the Byron Sanitary District.
9. If archaeologic materials are uncovered during grading, trenching or other
on-site excavation, earthwork within 30 meters 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 measures, if they are deemed
necessary.
10. There shall be one property sized and signed handicapped parking space
provided.
11. Any refuse areas shall be properly screened from view.
12. Any restaurants, bars or night clubs will require approval of a new
development plan.
13. Parking areas and vehicle maneuvering areas shall be surfaced with an
all-weather surface and sloped to prevent ponding of water.
14. Comply with drainage, road improvement, traffic and utility requirements as
follows:
A. The following exception to Division 914 is permitted for this project:
3.
1) Section 914-2.006 "Surface Water Flowing from Subdivision",
provided the applicant maintains the existing drainage pattern
and does not dispose concentrated storm waters onto adjacent
properties.
B. Unless exceptions are specifically granted, comply with the require-
ments of Division 1006 (Road Dedication and Setbacks) of the County
Ordinance Code. This includes the following:
1) Conveying to the County, by Offer of Dedication:
a) Twenty-one feet of additional right of way on Byron Highway
as shown on the revised Site Plan received November 3, 1986
by the Community Development Department.
b) Twelve feet of additional right of way on Camino Diablo
instead of the 21 feet of dedication as shown on the revised
Site Plan received November 3, 1986 by the Community
Development Department.
c) A 35-foot radius property line return connecting Byron High-
way and Camino Diablo.
2) Constructing frontage improvements, including pavement widening,
generally as shown on the revised Site Plan except that geometric
shall conform to Drawing #AP 127 on file in the Public works
Department. The triangular traffic island shall be aligned with
the curb line, as per Drawing #AP 127, and the curb return shall
have a 45-foot radius.
3) Install street lights. The final number and location of the
lights shall be determined by the County Traffic Engineer.
C. Install all new utility distribution services underground.
D. Comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the East/Central County Travel Corridor as adopted by the Board of
Supervisors.
E. Prevent storm drainage, originating on the property and conveyed in a
concentrated manner, from draining across the sidewalks and driveways.
F. 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.
4.
G. Submit improvements plans prepared by a registered civil engineer to
the Public Works Department, Engineering Services Division, for
review; pay the inspection, plan review and applicable lighting fees.
These plans shall include any necessary traffic signage and striping
plans for review by the County Traffic Engineer. The improvement
plans shall be submitted to the Public Works Department, Engineering
Services Division, prior to the issuance of any building permit. The
review of improvement plans and payment of all fees shall be completed
prior to the clearance of any building for final inspection by the
Public Works Department. If final inspection is requested prior to
construction of improvements, the applicant shall execute a road
improvement agreement with Contra Costa County and post bonds required
by the agreement to guarantee completion of the work.
15. Dedicate an easement to encompass any portion of the Byron-Bethany Irriga-
tion District's pipe that may cross under the subject property. The ease-
ment shall be dedicated to the Irrigation District. Any gasoline or other
petroleum storage tanks shall be located the correct distance from the
irrigation pipeline subject to the Irrigation District's review and
approval .
16. Existing wells shall be protected from drainage water run-off. Construc-
tion plans shall be reviewed by the County Health Servi.ces Department and
Building Inspection Department in this regard.
11/17/86
11/26/86
12/18/86
1/15/87
1/26/87
5/27/87
LUPU/2138-86.AB