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HomeMy WebLinkAboutMINUTES - 05091989 - 2.4 Contra TO: -BOARD OF SUPERVISORS C;ost., FROM: Harvey E. Bragdon, coirty WtQ Director of Community Development DATE: March 20, 1989 SUBJECT: A P P E A L - Land Use Permit #2170-86, Elwood L. Kronick, Appli- cant & Owner - Appellant: La Casa Via Neighborhood Association. (S.D. III) Parcel #140-230-003 SPECIFIC REQUEST S) OR RECOMMENDATIONS(S) & BACKGROUND .AND JUSTIFICATION RECOMMENDATIONS 1. Approve Land Use Permit 2170-86, as recommended by the County Planning Commission (Board of Appeals) on January 10, 1988. 2. Approve the conditions as recommended by the Commission at the January 10, 1989 public hearing. 3. Adopt the Planning Commission's findings as set forth in Reso- lution #18-1989. 4. Accept the environmental review documentation as being complete and adequate. 5. Deny the appeal of the La Casa Via Neighborhood Associatio . CONTINUED ON ATTACffiCKNT: YES SI(WATM�:j RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMONDATION OF BOW COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON Iday 9, 1989 APPROVED AS RECOMMENDED OTHER X On May 2, 1989, the Board of Supervisors deferred decision to this date on the matter of the appeal of the La Casa Via Neighborhood Association from the decision of the Contra Costa Planning Commission approving with revised conditions LUP 2170-86, Elwood L. Kronick, MD, Walnut Creek area. Mary Fleming, Community Development Department, commented on the modified plan provided by the applicant, and the modifications to the conditions of approval and the information on the current proposal contained in the packet before the Board today. Supervisor Schroder commented on the original application and the revised plan before the Board today. He commented on his concern for the intrusion of commercial proposals into the La Casa Via area. He commended Dr. Kronick for addressing the concerns of the Board. Supervisor Powers expressed his intention at this point to approve the application. He commented on the subdivision application for this property which was not before the Board today. Supervisor McPeak requested clarification on why the minor subdivision was not before the Board today. Mary Fleming and Karl Wandry, Community Development Department, responded to Supervisor McPeak' s request. Supervisor McPeak suggested that the Board declare support for the process for single family rezoning and the single family subdivision to go forward in a timely manner and for the Board to express encouragement for the Community Development Department processing of the review as soon as possible. Supervisor Schroder expressed the need to demand that the balance of the property be zoned for low density single family residential use to be sure that there would be no more intrusion from this application into the residential community. Karl Wandry clarified that if the Board took action today that there will be only single family residential uses on the remaining property. With that clarification, Supervisor Fanden moved to deny the appeal and approve the staff recommendation. Supervisor Powers seconded the motion. Supervisor McPeak proposed an amendment to support the dedication of the development rights to the County for any purpose other than the single family residential as is conditioned and to establish support for the minor subdivision process to go forward in a timely fashion in order to secure the actual subdivision for single family residential use. Supervisor Fanden commented that this was already a part of the understanding of the motion. Supervisor Schroder seconded the amendment. The Board discussed the amendment. Supervisor Torlakson called the question and clarified that if the amendment passed, it would become part of the main motion. The vote on the amendment is as follows: AYES: Supervisors Powers, Fanden, -Schroder, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None Supervisor Schroder commented that he could not vote for the main motion because of the position he has taken relative to the intrusion of commercial into the La Casa Via area. Therefore, IT IS BY THE BOARD ORDERED that LUP 2170-86 is APPROVED with revised conditions; and recommendations 3, 4, and 5 are APPROVED; and the Board' s support for dedication of development rights for any purpose other than residential is AFFIRMED; and the Community Development Department is DIRECTED to proceed with the minor subdivision application process in a timely fashion in order to. secure the actual subdivision for single family residential zoning designation. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: I, II, IV NOES- III, V ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Communitity Development Dept., ATTESTED May 9, 1989 Attn: B. Turner PHIL BATCHELOR, CLERK OF Dr. Elwood L._ Kronick THE BOARD OF SUPERVISORS Donald E. Anderson, Attny AN COUNTY ADMINISTRATOR City of Walnut Creek Public Works_-Tom Dudziak BY © , DEPUTY Assessor County Counsel Consolidated Fire Protection Dist. CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2170-86 1. This approval is based upon plans submitted with the application dated re- ceived September 23, 1988, including the following exhibits except that the size of the structure will be limited to 7500 square feet. A. Land Use Permit Site Plan; scale 1"=40' , providing for a one-story medical office building of not more than 7500 square feet, on approx- imately 1.5 acres with related parking and landscape features, to- gether with a possible residential subdivision of the remaining prop- erty. B. Building elevation and cross section drawings; scale 1/8"=1' indicat- ing building design and materials of a residential character, together with perspective drawings showing community identification structures to be located on La Casa Via. 2. This approval for medical offices is intended to establish the boundary or limit to any further non-residential development on La Casa Via. The com- munity identification structures to be located on La Casa Via for that purpose as shown on plans submitted with the application, shall be submit- ted for final review and approval by the Zoning Administrator prior to the issuance of a building permit and shall be installed prior to occupancy. 3. The subject property of 8+ acres of this proposal shall be included in the County initiated Rezoning of the area from General agriculture District (A-2) to Single Family Residential District (R-40) (2784-RZ) , or the ap- plicant shall file for rezoning of the property in conformance with General Plan prior to issuance of a building permit. 4. Building design shall be similar to that shown on plans submitted with the application subject to final review and approval by the Zoning Administra- tor prior to issuance of a building permit. The roofs of all buildings shall be free of such objects as air conditioning equipment, television aerials, etc. , or screened from view. Exterior lights shall. be deflected so that lights shine onto applicant's property and not toward adjacent properties. The design and placement of services areas (including refuse enclosure areas and utility boxes) shall be compatible with the site's overall design. 5. Prior to the issuance of building permits a landscape and irrigation plan shall be submitted for review and approval by the County Zoning Adminis- trator, utilizing California Native Species and conforming to the Contra Costa County policy on water conservation requirements for new development. Landscaping and irrigation shall be installed prior to occupancy. A. Evergreen screening trees shall be planted at the boundaries of the property. 2 B. The proposed trees on the site are to be a minimum of 24-inch box in size. The proposed shrubs on the site are to be a minimum of 5 gal- lons in size. 6. A variance is approved to have parking for compact cars of not more than 20 percent. 7. All signs will be subject to review and approval by the Zoning Administra- tor. B. 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 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(s) , if deemed necessary. 9. Provision for a TSM program (Transportation Systems Management) shall be required with this development. the program shall be submitted for review and approval of the zoning Administrator prior to occupancy. 10. Comply with drainage, road improvement, traffic and utility requirements as follows: A. In accordance with Section 82-2.014 of the County Ordinance Code, this development shall conform to the requirements of Division 914 (Drain- age) -of the Subdivision Ordinance, unless exceptions are specifically granted. B. Convey to the County, by Offer of Dedication, 30 feet of additional right of way on La Casa Via as required for the planned future width of 60 feet, for the entire frontage of the 8+ acre property. C. Construct a 14 foot half-width paved roadway, curb, and necessary longitudinal drainage along the entire frontage of La Casa Via of the 8+ acre property. D. Install all new utility distribution services underground. E. Obtain an encroachment permit from the Public Works Department, Engi- neering Services Division, for construction of driveways or other im- provements within the right of way of La Casa Via. 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 per- manent, road and drainage improvements. G. Contribute $13,300 to the City of Walnut Creek designated for drainage improvements in the City's Specific Plan Number 6 Area. 3 11. Use of the site shall be limited to the equivalent of 4 fulltime doctors offices. The parking lot shall be reduced in size with a corresponding increase in landscape area. Final design and size shall be subject to review and approval of the Zoning Administrator. 12. Applicant shall dedicate development rights except for the right to con- struct single family homes and normal accessory structures, to the County. Applicant may petition the County to relinquish development rights in the future if land use in the area changes, making single family residential uses inappropriate for the subject site. 13. Provide for a 25 foot scenic landscape area, through an appropriate mecha- nism, subject to the review and approval of the Zoning Administrator, along La Casa Via for the entire frontage of the 8+ acre property. A landscape and irrigation plan as required in Condition #5 above shall include land- scaping within the scenic easement particularly as it relates to a land- scape buffer for the medical facility. Landscaping shall be installed prior to occupancy. The following are NOT conditions of approval ; however, the application should be aware of these requirements prior to attempting to secure building permits. A. Contra Costa County Consolidated Fire District. See attached. BT/df lup3:2170-86c.bt 3/21/89 - P/C Revisions (v) 4/11/89 BofS rev(df) 5/9/89 BofS rev. (df) 'I GoaTRA CpsT' UN. CONTRA COSTA COUNTY CONSOLIDATED FIRE DISTRICT O� `4 AUL ' 2010 GEARY ROAD ��Re DIST� PLEASANT HILL, CA 94523-4694 (415)930-5500 BUREAU OF FIRE PREVENTION January 23, 1987 Contra Costa County Community Development Department .1 P. 0. Box 951 Martinez, CA 94553 Attn: Kristen Kestly SUBJECT: U.P. 2170-86 266 La Casa Via r Walnut Creek area Dear Ms. Kestly: We have reviewed the land use permit to establish a two-story medical office building. This project is regulated by codes and ordinances administered by this Fire District relative to Contra Costa County Ordinance 86/71 and the State Fire Marshal's Regu- lations. If approved by your office, the following shall be required: 1. The developer shall submit two (2) complete sets of plans and specifications of the subject project, including built-in fire protection systems (when required) , to this office for review and approval prior to construction to insure compliance with minimum requirements related to fire and life safety. Plan.review fees will be assessed at that time. (2.206)C.C.C. Ord. 86/71 2. The developer shall provide an adequate and reliable water supply for fire protection as set forth in the Uniform Fire Code. (10.301c)UFC 3. The developer shall provide one hydrant of. the East Bay type. Location of hydrant will be determined by this office upon submittal of 3 copies of a tentative map or site plan. (10.301c)UFC 4. Provide access roadways with all-weather driving surfaces of not less than 28 feet in width, and not. less than 13'6" of vertical clearance, to within 150 feet of travel distance to all portions of the exterior walls of every building. Access roads shall not exceed 20% grade, shall have a minimum inside turning radius of 35 feet, and must be capable of supporting the imposed loads of fire apparatus (31 tons) . (10.207a)UFC 5. Dead-end fire department access roads in excess of 150 feet long shall be provided with approved provisions for the turning around of fire department apparatus. (10.207a)UFC 1 C.C.C. Comm. Dev. Dept./Kristen Kestly RE: U.P. 2170-86 .7anuary 23, 1986 Page 2 _ 6. Access roads and hydrants shall be installed and in service prior to combustible construction. (10.301d)UFC 7. Approved premises identification shall be provided. Such numbers shall contrast with their background and be readily visible from the street. (10.208)UFC B. When traffic signals are installed/modified or when proposed development will cause undue traffic congestion, the developer shall provide a suitable number of traffic signal pre-emption systems (Opticom) as approved by the Traffic Engineer and this office. 9. A pro rata fee of 18� per square foot will be assessed to partially offset initial expenditures for additional necessary fire service resources. It is requested that a copy of the conditions of approval for the subject project be forwarded to this office when compiled by the planning agency. If you have any questions regarding this matter, please contact the undersigned. Sincerely, Chester H. Nelson Fire Inspector CHN:vw cc: Elwood C. Kronick, M.D. E.B.M.U.D./Ed Medeiros File