HomeMy WebLinkAboutMINUTES - 04271993 - H.6 6
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TO: BOARD OF SUPERVISORS
n.
. Costa
FROM: HARVEY E. BRAGDON
County
DIRECTOR OF COMMUNITY DEVELOPMENT . o
DATE: April 27, 1993 �ouric`t
SUBJECT: Appeal-Peter G. Shutts (Owner) - Eugene & Shirley Macedo (Owners) ,
County File #2058-91-Request for approval to add a canopy cover over
a gasoline sales area, establish a car wash, revise previous Land Use
Permit to allow retail sales in second story of existing building and
delete approval of a retail plant nursery. Site is located at the
corner of Taylor Lane and Byron Highway, in the Byron area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Deny the appeal of the County Public Works Department and approve
Land Use Permit #2058-91 subject to the Conditions of Approval
recommended by the Board of Appeals or choose Option B.
Option A'
1. Accept the CEQA review documentation for this project as being
correct and adequate.
2 . Deny the Appeal of the Public Works Department.
3 . Approve LUP 2058-91 subject to the Conditions of Approval as
approved by the Board of Appeals.
Option B•
1. Accept the environmental review documentation for this project
as being correct and adequate.
2 . Grant the Appeal by the Public Works Department.
3 . Approve LUP 2058-91 with revised Conditions of Approval
requiring the additional paving requested by the Public Works
Department.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
#.y
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION WBOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Aprii A79 -- APPROVED AS RECOMMENDED x OTHER x
SEE ADDENDUM FOR BOARD ACTION
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.
Contact:Art Beresford 646-2031 ATTESTED April 27, 1993
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Public Works Department THE BOARD OF SUPERVISORS
A7 COUN Y DMINISTRATOR
BY , DEPUTY
AB:df
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Page Two
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Zoning Administrator approved this project on November 23,
1992 . That decision was appealed by a neighbor concerned with
traffic safety on December 2 , 1992 . The Appeal was scheduled for
hearing by the East County Regional Planning Commission on January
11, 1993 . That hearing was delayed to February 1, 1993 at the
request of the Byron Advisory Council. The February 1, 1993
hearing was rescheduled to March 1, 1993 at the request of the
Discovery Bay MAC. No additional written comments were received
from either the Byron Advisory Council or the Discovery Bay MAC.
ADDENDUM TO H.6; APRIL 27, 1993
Hearing on the appeal of the Contra Costa County Public Works Department from the decision of the East
County Regional Planning Commission acting as the Board of Appeals on the application(LUP 2058-91)of Peter G.
Shutts(applicant)and Eugene and Shirly Macedo(owners)requesting approval to add a canopy cover over an existing
gasoline-diesel sales area,establish a car wash facility and revised Land Use Permit 2147-84 to allow retail uses as
well as office uses in the second story of the existing building and delete the previously approved nursery use. The
subject 2.1 acres of land is located at the northwest corner of Byron Highway and Taylor Lane in the Byron area and
is within the unincorporated territory of the County of Contra Costa.
Dennis Barry of the Community Development Department provided a history of the application that included
an appeal by a neighbor who was concerned with traffic safety for the area. That appeal was referred to the Discovery
Bay Municipal Advisory Council(MAC). Since no additional written comments were received from either the Byron
Advisory Council or the Discover Bay MAC,the project was subsequently approved by the East County Regional
Planning Commission with conditions. Mr. Barry noted that the project did not meet the road improvement requested
by the Public Works Department.
Mitch Avalon of the Public Works Department commented on the appeal by the Public Works Department
and explained that the goal of his Department is to try and combine the currently three acess roads that come out onto
Byron Highway at Taylor Lane. Mr.Avalon advised that there are three parcels of property involved in this road
improvement and that there is some question of the time frame when the improvements to the access points could be
completed. He recommended that the conditions of approval for LUP 1085-91 be modified to require the execution of
a deferred improvement agreement for the improvements along the frontage of Gino's Deli. At some future time
when the legal rights from the other the other property owners are secured to convert the traffic onto Taylor Lane,the
deferred improvement agreement would be activated and the improvement at Taylor Lane and Byron Highway
completed.
The hearing was openend. Peter Shutts speaking on behalf of himself and the applicants,advised that they
were in agreement and would stipulate to the Deferred Improvement Agreement proposed by the Public Works
Department.
All persons desiring to speak having been heard,IT IS BY THE BOARD ORDERED that the hearing is
CLOSED,that the appeal of the Public Works is GRANTED,and that LUP 2058-91 is APPROVED with revised
conditions.
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CONDITIONS OF APPROVAL FOR LAND USE PERMIT 2058-91 AS APPROVED BY THE
BOARD OF SUPERVISORS ON APRIL 27- 1993
1 . Development should be generally as ehuvvn no the revised donm submitted or, August
10' 1992 with the following changes:
A. The previously approved retail nursery and 4D' X 6O' dry storage bui!ding on
the site are hereby deleted.
B. The second story of the existing building can be used for both professional and
medical offices, oowell esfor commercial uses.
C. The proposed canopy over the site is approved subject t: the rauevv and
approval ofthe Zoning Administrator ofsigns and lighting fcrthe car.opy'
D. The proposed car wash imdenied unless itiamoved onto the s�rethat is already
presently impervious surface. The relocation of the oar vmoshvvnu|d have to be
reviewed and approved by the Zoning Administrator. An 8coL;StiCa| st-i,dyshaU
be prepared to show that the car wash will not generate noise in excess of
County General Plan standards.
2. The conditions of approval for previously approved Land Use Pernni7 #2l47'84shall
continue toapply tothis except asmodified bythis approval.
3. At least 30 days prior 1orequesting a building permit for the car wash, the s.Op|icant
shall submit to the Community Development Department for rev\en and apornva| a
plan which details the management of waste (liquid and/or solid) ganerate'tbythe
operation of the oar wash. The purpose of this review is to snomra -Lnat any
contaminants which could bagenerated are properly managed.
4' Prior toissuance of building permits, the applicant shall submit a revised sign plan for
this development showing all existing signs and proposed signs forthe revevv and
approval of the Zoning Administrator. Signa on the canopy shall only face toche east
and to the south subject tothe review and approval ofthe Zoning Administrator. No
signs on the canopy or lighting shall face tothe west in any case.
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5. Prior to issuance Of building permits, a rnvv of suitable drought tolerant trees on 20'
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centers shall be planted along the western aide of the property' north from Taylor Lane
to the area directly west of the existing parking lot. Trees shall be 5-gallon size.
6. The following requirements poriaining'todnainagn' road, and utility improvements will
require the naviavv and approval of the Public Works Department:
A. Unless exceptions are specifically granted, this development shall conform to
the requirements of Division 814 (Drainage) of the Subdivaiom Orciinanoe.
Conformance with Division 914 includes the fOUwvvinQ requirements:
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1) Conveying all storm waters entering or originating within the subject
property, without diversion and within an adequate storm drainage
facility, to natural watercourse having definable bed and banks orto
an existing adequate storm drainage facility which conveys the storm
waters toanatural watercourse. The Ordinance prohibits the discharg-
ing ofconcentrated storm waters into roadside ditches.
The Public Works Department would not object tngranting anexception
to these requirements provided the applicant does not increase the
amount ofimpervious surface, mmaintsinathe existing drainage pattern
and does not dispose conca` trated run-off onto adjacent property.
B. Unless exceptions are specifically granted, comply with the requirements of
Division 1O0O (Road Dedication and Setbacks) ofthe County Ordinance Code.
Compliance with the Ordinance includes the following:
1} Constructing improvements along the frontage of Byron Highway and
Taylor Lane.
The following exception to Division 1D06 is permitted for this project:
Section 1006'2'402' "Requirements ' (3omaraUy^' providedadeferred
improvement agreement is executed requiring the owner(s) of the
property involved inPermit 2O58-91 zo:
a) Byron Highway - Construct curb, six-foot six-inch sidewalk
(width measured from curb face), necessary longitudinal and
transverse drainage, and necessary pavement widening along the
frontage-
If the alignment
rontag8.|fthea|i0nrnent is modified, ti-e applicants obligations shall be
limited to the length of their existing frontage and up to a 20
foot width.
b) Taylor Lane ' Construct Taylor Lane to public road standards at
, the ultimate line and grade along the project's frontage to o
rn\ninnunn width of 40 feet. Construct curb, six-foot Six-inch
sidewalk (width measured horn curb face) and necessary
longitudinal and transverse drainagm'
The improvements on Taylor Lane may be required when there
imenopportunity to safely combine the access of Taylor lane
with the private road irnrnediate|ytcxthe south, and when there
is pavement tothe west of th�s project constructed to public
standards.
2) At the time the deferred improvement agreement is called up, submit
improvement plans, if required, to the Public Works Department,
Engineering Services Division, for review; pay the inspection fee, plan
review fee and applicable lighting fees.
7. The developer shall submit two (2) complete sets of plans and specifications of the
subject project, including any required built-in fire protection systems, to the Fire
District for review and approval prior to obtaining building permits for construction
alterations to existing building to insure compliance with minimum requirements related
to fire and life safety.
ADVISORY NOTES
A. The project lies within the 100-year flood boundary as designated on the Federal
Emergency Flood Rate Maps. The applicant should be aware of the requirements of
the Federal Flood Insurance Program and the County Flood Plain Management
Ordinance (Ordinance No. 87-65) as they pertain to future construction of any
structures on this property.
B. The applicant will be required to comply with the requirements of the
Bridge/Thoroughfare Fee Ordinance for the East County Area of Benefit as adopted by
the Board of Supervisors.
C. The applicant may be required to comply with all rules, regulations and procedures of
the National Pollutant Discharge Elimination System (NPDES) permit for municipal
construction and industrial activities as promulgated by the California State Water
Resources Control Board or any of its Regional Water Quality Control Boards (San
Francisco Bay-Region II or Central Valley-Region V). Contact Don Freitas at 313-2373
for further information.
D. There shall be no on-street parking at the entrance of this property either on Byron
Highway or Taylor Lane. To the extent feasible, the owner will have no-parking signs
maintained at these roads adjacent to the property and advise his customers
accordingly if necessary.
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AB/aa
LUPXXXV/2058-91 C.AB
11/12/92
112/23/92 - Z.A. Rev. (v)
3/1/93 - EC Rev. df
4/27/93-BS (a)
3