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Home My WebLink AboutMINUTES - 04051988 - 2.11 TO: BOARD OF SUPERVISORS Contra Costa FROM: HARVEY E. BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: April 5, 1988 SUBJECT: Referral of Proposed Conversion of Solano Drive-In Theatre SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Accept the report of the Airport Land Use Commission. 2. Adopt a motion recommending that the City of Concord DENY City Use Permit #7-88 proposing to convert the existing Solano Drive-in Theatre complex into a walk-in theatre complex. BACKGROUND/REASONS FOR RECOMMENDATIONS The background review to the review of this proposed project is attached. These materials include the staff report from the Airport Land Use Commission and Resolution #1-88 (ALUC) detailing the Commission' s review of the project The Commission unanimously found that the project would introduce unacceptable population densities near the ends of two of Buchanan Field' s busiest runways, and is therefore recommending that the City deny the project. CONTINUED ON ATTACHMENT: YES SIGNAT!�04 RECOMMENDATION OF COUNTY ADMINISTRATOR RECO TI OF-BOIRD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON April 5, 1988 APPROVED AS RECOMMENDED x OTHER x Also, AUTHORIZED Community Development staff to attend the Concord Planning Commission meeting on April 6, 1988 to present the board's position. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X 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. cc: Community Development ATTESTED City of Concord PHIL BATCHELOR, CLERK OF County Administrator THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY XXIIltr/drvinbd.bo BD/jb CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: BOARD OF SUPERVISORS DATE: March 30, 1988 FROM: Harvey E. Bragdon Director of Community Development By: Robert H. Drake, Senior Planner ,04 SUBJECT: Proposal to Convert Solano Drive-In Theater to a Walk-in Cinema Complex ---------------=--------------------------------------------------------------- ------------------------------------------------------------------------------- The Board directed our Department to respond to a letter received from the Aviation Advisory Committee regarding a Land Use Permit application being processed by the City of Concord to convert the Solano Drive-In Theater to a 12-Theater Walk-in complex. The Airport Land Use Commission conducted a hearing on this matter at its March 9, 1988 meeting. After taking testimony from- the project applicant, the Commission determined that the proposed conversion would establish an unacceptable risk to public safety and voted unanimously to recommend that the City deny the project. Attached is Resolution No. 1-88 (ALUC) reporting on the Commission's review of this project. RHD:vpl LTR XXII/a:bos.mem RESOLUTION NO. 1-88(ALUC) RESOLUTION OF THE AIRPORT LAND USE COMMISSION, CONTRA COSTA COUNTY, STATE OF CALIFORNIA REGARDING A USE PERMIT APPLICATION. BEING PROCESSED BY THE CITY OF CONCORD TO CONVERT A DRIVE-IN MOVIE THEATRE TO A WALK-IN THEATRE COMPLEX ONE-HALF MILE NORTHEAST OF BUCHANAN FIELD. WHEREAS, on February 25, 1988 the County Community Development Department received notice from the City of Concord that the City was processing a Use Permit Application, City File #UP 7-88, to convert the Solano Drive-in Movie complex to a twelve-screen walk-in movie complex; and WHEREAS, on March 9, 1988, the Airport Land Use Commission conducted a public hearing on this project whereat all interested persons might appear and be heard and; WHEREAS, among the speakers on this item was the project architect, Arnold Levitt, who requested input= from the Commission on an appropriate site design for the project; and suggested several alternative designs to the Commission; and WHEREAS, the Airport Land Use Commission has fully evaluated all the testimony and evidence submitted in the matter. NOW THEREFORE BE IT RESOLVED that the Airport Land Use Commission finds that the project would be INCONSISTENT with the Buchanan Field Airport Land Use Plan, particularly with respect to the safety element policies; and BE IT FURTHER RESOLVED that the proposed theatre use and resultant population densities would be excessively intensive for the safety zone designation within which this parcel lies; and BE -IT FURTHER RESOLVED that the project could not be re-designed to establish acceptable public safety conditions; and BE IT FURTHER RESOLVED that the Commission recommends that 'the City of Concord DENY the proposed project; and BE IT-FURTHER RESOLVED that the basis for this position was formulated in large measure by the information in the March 9, 1988 staff report attached hereto as Attachment A. The instruction to prepare this resolution was given by the Airport Land Use Commission on March 9, 1988 by the following vote: AYES: Commissioners - Schaefer, Otto, Ellis, Cooper, Rex, Campbell , and Gravelle NOES: Commissioners - None ABSENT: Commissioners - None ABSTAIN: Commissioners - None Robert N. Drake, Secretary Airport Land Use Commission Contra Costa County State of California y Xf CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT AIRPORT LAND USE COMMISSION CONTRA COSTA COUNTY Wednesday, March 9, 1988 - 7:30 P.M. ITEM # I . INTRODUCTION SOLANO THEATRE COMPLEX/FLEA MARKET - AIRPORT LAND USE COMMISSION File #6-88 (B) : A public hearing on a referral from the City of Concord to establish a twelve-screen, walk-in theatre complex on a portion of an existing drive-in theatre. The proposal would maintain an existing week-end Flea Market operation. The subject property is located at #1611 Arnold Industrial Way, approximately 2000 feet northeast of Buchanan Field, in Concord. II. RECOMMENDATION: Adopt a resolution finding that: a. . Recommending that the City deny the application because of the severe threat to the population masses which would be drawn to the complex. b. In the event that the City sees any merit in the project, the City should be requested to prepare an environmental impact report on the project prior to any project approval. That report should be based on a revised project submittal that addresses use of the "out-parcels" ; that nature of the continuing Flea Market operation; and proposed theatre acoustic performance standards. In addition to the above, the Chairman should appoint a member of the Commission to appear before the Concord Planning Commission to present the Commission' s position. The public safety hazard is such that the Commission should recommend that the City deny the project. However, in the event the City should see any merit in the application, the Commission should be prepared to advise the City that the hazard constitutes an environmental impact of great significance which should be thoroughly analyzed in an Environmental Impact Report prior to any project approval. III . GENERAL INFORMATION ♦ ��Fa i� � CO?I'OR✓ N ITYis °'° � • ' —� 00(moogo 'A at A 43 31 21 is : � , ' - .-.� —�� f J - •; � :~ ��,•• • •�.{/ >< �1 �,T Lr� .!`�'•X^ _ •II�L.fL tRD� ' y\ 1_. '1 f :l •� �'�.%'�'� _. � I' � � ' /' ;. t.✓� � R EIC R V O!R ' •�L,.Me q_�` 4\�� !� .L .tom./-'`' ~"\. S• •ry.` � ' I ft)'�. 1 ° v> � 1, � .1 •�• - �� // *�rye � �•.�4� 4- -0 N\\ _-_.=�_J.�� KQc;WI -- _ ----- a °'tl�Af c7 •Q .i f, `,y�,j `�.�. 4 it ' •i,� � �'" C\, �� L``, l ,` ; It Zv .v � i � ly,�E}. ' '.,t1�1 rn\ % -\ � �•i _� _ •t \ Pa.hecy \I. 4i �1t- 7 \ li :ems . " D f -- -sc— ._m — ��2 • p T t 1 •,, ``'. . 'r�j� I .� 5s-L 41.1 � � '� ' .��, �- t � .e .. _ yy r I'• T i_i J a �/r •�q . ``� s.__. .�``. a 'moo' .ti \ ;� ; _% �\; i% � ,a•t I �� i < r "o ILI III— oma;::• �-\t t�`. � 1 7 �• - r`_ ,i/� .��r 4' '; ��' ��. \.\ q 'YI -� -' ..s.'�.y.. L c�S �*,.`i r'^!fir y • `�/.�' G. Ci fig•E! -f - _ _ - t 1, w•• _ ,.,.. _ l� .• S r / _ C '- TERRAIN PENETRATION OF -' i .°•• ,, 1 \ ...,``t ` c {rt, ►iE GFtT LIMIT PLEASANT -•..0 > SPECIAL STUDY AREA 1 ! lLL s t f' - '♦' y - r - 77 . 9 FEET AMS'`EIGHT LIMIT —� - -. - �. .�'A • ,,;1 �,�'_ .` .mx Q L z •�j.\ � o.r J _:.t z — CtC.J all:L� I f \\ t�� ,1• 4RICri 1I11D WE CORYY.]I.L,•IIIRpt[.l[ - • - - + �'7 _ I••••,r.A r�•N••!!'w.�M 1•sv•'doh ILwN' .. ,. - .. � _ _ :. •' �^�M~~~ '•'vim' CONTR COSACOUTHE MY 3 STRUCTURAL HEIGHT LIMITS - •.•.1 Lr•,.,•a•.r.r r ay.r rrw, C.'. PLANNING DEPARTVEN7 - - g.:-�,,�._ NOR BUCHANAN FIELD AIRPORT PLANNING AREA -_.- CO,iTRA C^ST,. COLI`'I./CAS The, subject project is located .. beneath the approach to Runway 19R, less than one-half mile from the end of that runway. Runway 19R is one of the major runways serving Buchanan Field. Runway 19L, is a second, shorter runway, which parallels Runway 19R and whose approach extends over the subject property. The nature of aviation traffic from this runway is discussed in more detail below. On February 25 , 1988, the County Community Development Department received notice. from Concord that the City is processing a use permit application for the project described above. The February 19, 1988 letter of transmittal is attached. Insofar as the project does not involve a zoning, general plan or specific plan change, -State law does not require the City to refer the application to the ALUC for comment. In the event the Commission should oppose the project or recommend conditions, the City would not be subject to any special vote requirement to override the Commission' s position. The noticing has been provided as a courtesy in accord with the City Council policy. The Council' s policy on such applications is described in a April 8; 1987 letter (attached) Moreover, City staff has indicated that the Concord Planning Commission will hear the application on Wednesday, March 16, 1988. IV. SITE PLANS A. Site Plan Deficiencies The application submittal, attached, contains several sets of site plans of the subject property and the proposed development. An index to the drawings identifies the various exhibits. The packet is confusing in at least three respects. First, the packet includes a site plan for a 15-theatre, office and restaurant complex (Exhibit 5) which the applicant is no longer considering. The proposed site plan is shown on Exhibit 6 (Development Site Plan #2) . Part of the site plan provides for parking within the adjoining East Bay Municipal Utility District right-of-way. Second, the proposed site plan covers only half of . the subject parcel. Exhibit 4 indicates that the site plan does not address two corner areas of the parcel, each containing 2 1/2 acres. The northern "out parcel" ' - 0 (60 �sOO � •�•� ' •:.: ..� �� .\� zoo �� Iz- 1 x- ,." •, E R V O T � .. - -" I ConcordM icipal 7 k • '•., \`•. 13 70 our F • 6 I. ;r • • I r _=,Yater I•'• . I • ..• • (�': �! o ME R I + loo t p 444 Com\ G ARD a,`:OI L �1 t •oo .•.. •`, CE I I • e p 4 pl r666f l p. flzoz "J a mac+ No _ 8 1• /, — D � • � to p � Trailer Park IG T�erroce rive-in` eater i_ MSP �C` o ° N ti C R E S ' n, ref 1 M1I, \v QI :Park E _ .0/ U 1 p•. � \9 1 1 \ p • 1p1 .•• ( / .• /��n V Mt D'ublo �' WreK a e •. HS .,\ r✓ '� ,�`a� AVE_ •• � ��: O• o ' \ a. I.' �. - � Drive-gin \(' _-r•/ !_ ..;. � .•pD �f Ci icCent Inea ler 1, • ;�.a.�!_'.._ L �.� b ^\\ CONCORD '�.0 •► 1 \�<.' /' __ °'� \DiAosaHP ,moo T:1 ( <y yTo •, I .I C�.r :il �' ✓'� ti I'�'\•� ) �` � 'R sl ^' f l 1, �, 26 I ` " 1 •a In e�0 / r contains one of two 50-foot tall outdoor screens. The absence of development plans for these portions of the subject parcel hinders staff' s ability to analyze all of the ramifications of the project. Third, some of the airport zones identified in the packet are incorrect. The Commission' s safety zone has been accurately plotted. However, the applicant. is referencing an outdated Airport Layout Plan which indicated the. 19R approach surface at 40 :1. The current plan covering the vicinity of the site is shown in Figure III. That plan provides for a 50:1 approach surface. b. Proposed Development Exhibit 6 identifies the proposed site plan. The plan would provide for a single building, housing twelve movie theatres in the southeast corner of the property. The building appears to be 40 feet in height and would force the removal of one outdoor screen. The complex would provide theatres of two sizes: 5 large halls and 7 smaller ones. Aggregately, the complex would accommodate as many as 3600 hundred patrons at a time. The balance of the site would be used for parking. The maximum number of employees on site has not been identified. C. Flea Market Notwithstanding the proposed development, the applicant intends to continue to operate a weekend Flea Market. That market currently operates during the day on Saturdays and draws sufficient attendance to cover most of the 14-4cre parcel. The site plans have not disclosed any changes ' in the operation of the,;, Flea Market. d. Existing Drive-In Operation The existing drive-in theatre :use is depicted in Exhibit 3 . The two screen design can accommodate as many as 1250 cars. Staff is unable to discern from the site plans if the drive-in operation will be completely eliminated. V. AIRPORT OPERATIONS Runway 19R is one of the two major runways serving Buchanan Field. It constitutes the airport' s only official MOPO(Cr 1, wr P! ,• T .z izi u ► ala, W' - p ~V `, Al J Q ci 44 =�. 7 7, Svl3 Fed" r,T=.. • �> / 'on y \,. us Q Wd cc 0Wui O at J wW ; z t rn \ LL O t— . tfd' `:. � j• -:ems/ - - >. � � �r i co z 4z ! d\ Ckb ol f /( -.;l o Q !f O10 � W yr_' instrument runway. Moreover, because of its length, this runway is able to serve large commercial and passenger planes. The subject project is also on the approach to Runway 19L which parallels 19R. Runway 19L is only able to accommodate . . single engine and occasional twin engine planes because of its shorter length. It is- subject to visual approach rules. Still, the Manager of Airports has indicated that 19L is heavily used for flight training and is used about as frequently as 19R, particularly on a busy day. The Manager of Airports has indicated that the two runways aggregately account for 450 of all airport traffic. VI . REVIEW OF ALUC POLICIES The Commission' s policies which are applicable to the subject site are reviewed below. A. Safety Element The trapezoidal safety zone at the end of Runway 19R is accurately depicted on the aerial photo shown in Exhibit 2-A. The safety zone boundary is also shown on the Conceptual Site Plan depicted.- in. Exhibit 4. This Exhibit indicates that most of the subject parcel is located within the safety zone. The balance of the property is not subject to any explicit safety element restrictions. In recognition of the added danger to public safety in proximity to the end of the runway, the Buchanan Field Plan limits population densities and certain uses . within the safety zone. The Plan defines "shopping centers, arenas :!and other places of public assembly" as incompatible. (At the same time, the plan identifies parked automobiles as a compatible use) . Furthermore, the plan defines-any use to be incompatible which on a regular basis would result in a population density in excess of . 30 persons per acre or l person per 500 square feet of gross building. floor area, whichever is less. It should be noted that the City of Concord has adopted the same safety zones in its safety element though its policies and standards are not nearly as explicit as the Commission' s. B. Structural Height Limits