This project is categorically exempt from the requirements of CEQA under Categorical Exemption, Section Existing Facilities.

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1 WALNUT CREEK PLANNING COMMISSION RESOLUTION NO. > CONDITIONAL USE PERMIT (TREE REMOVAL PERMIT) APPLICATION NO. Y N. BROADWAY OFFICE EXTERIOR REMODEL 2055 N. Broadway, APN: (EFFECTIVE DATE: DECEMBER 1, 2014 UNLESS APPEALED) Attachment 1 Section 1. Background. On November 13, 2014 the Walnut Creek Planning Commission held a public hearing to consider Use Permit No. Y filed October 31, 2014, by Mark O Brien of ERS Corporation, owner; and Carl Campos, LCA Architects, applicant, pursuant to Article 2, Section a request to reduce parking and shared parking in the Automobile Sales and Service (A-S) zoning district, pursuant to permit an office at the ground level upon approval of a Conditional Use Permit (CUP), and pursuant to Part III Article 3, Section a CUP for a legal non-conforming use. The site is zoned Automobile Sales and Service (A-S). Pursuant to Chapter 8, the applicant is proposing to remove two trees on the property (APN: ). This project is categorically exempt from the requirements of CEQA under Categorical Exemption, Section Existing Facilities. The applicant proposes to remodel the exterior of an existing Concrete Masonry Unit (CMU) two story building, make improvements to the parking lot and landscaping. The parking lot will be updated with two ADA parking stalls. Two trees on the site are proposed for removal. The applicant is also proposing interior tenant improvements. A public hearing notice was mailed to the owners of all properties and posted within 300 feet of the subject site at least 10 days prior to the public hearing. Section 2. Findings. The project is subject to Conditional Use Permit findings contained in the Walnut Creek Municipal Code Section The required findings are shown in bold type and the reason the project is consistent is shown in regular type. Based on the evidence presented at the meeting, the Walnut Creek Planning Commission hereby resolves: 1. That the use, including any conditions imposed, is consistent with the General Plan, any applicable specific plan and this chapter; The General Plan 2025 intends the AS district for auto dealers, auto service and repair, and other auto-related and auto oriented retail sales. Businesses not associated with auto sales, service, or repair are allowed only if they demonstrate

2 Walnut Creek Planning Commission Page 2 their presence will have no adverse effect on the long term viability of the auto sales and service district. The existing use is a legal non-conforming. Pursuant to , Continuation of Nonconforming Uses, a non-conforming use may not be enlarged, increased, changed to a different nonconforming use or extended to occupy a greater area unless permitted by a conditional use permit issued pursuant to this article. A structure devoted in whole or in part to a nonconforming use many not be enlarged, extended, reconstructed, remodeled or structurally altered unless both the structure and the use thereafter conform to all provisions of this chapter or unless permitted by a conditional use permit issued pursuant to this article. The applicant is proposing tenant improvements so that the building is updated for current tenant desirability. The improvements include the exterior upgrade of materials and the interior improvements. Since the proposed use was approved as an office building it will not have adverse effects on the long term viability of the Auto Sales and Service zoning district. The office has been operating out of this location since 1978 and is well established. 2. That the establishment, maintenance, and/or conduction of said use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, convenience, and welfare of persons residing in or working in or adjacent to the neighborhood of such use, and will not, under the circumstances of the particular case, be detrimental to the public welfare and injurious to the property in such neighborhood. In this case the applicant is a professional office that has been in place since 1978 and the current owner is continuing an office use. Since the use is an office it would not be detrimental to the public health, safety or welfare. 3. Any findings required by the land use regulations for the zoning district within which the property subject to the use is located. For Offices, Business and Professional uses in the A-S zoning district, section L(10) is permitted provided that the office is an accessory use to a permitted use, otherwise permitted on floors above the ground level. If the facility is to be located on the ground floor, the use is permitted upon approval of a Conditional Use Permit. In approving the Use Permit, the Planning Commission shall find that: a. The building was designed as an office or retail building and has been utilized as an office building throughout its entire existence (Evidence shall be presented to the Planning Commission to document that this condition applies.

3 Walnut Creek Planning Commission Page 3 Acceptable evidence shall include DRC and/or PC minutes and resolutions indicating the type of construction or proposed us and leasing records); and b. There is no material expansion, major structural alteration or major reconstruction proposed as part of the use permit request, notwithstanding tenant improvements; and c. The proposed use will have no adverse effects on the long term viability of the Auto Sales and Service zoning district. Permitted provided that the facility will be located on floors above the ground level. The DRC minutes and resolution from 1978 provide evidence that the building was approved as an office use. The current applicant is making tenant improvements that do not include major structural alteration and is bringing the building up to current design standards. The layout of the building lends itself to an office building. The building an existing structure that is being modernized. 4. The Planning Commission finds on the basis of the whole record before it and the project has Categorical Exemption under Section 15301, Existing Facilities. 5. When considering the record as a whole, there is no evidence before the City that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. 6. All governmental and utility agencies affected by the development have been notified and given the opportunity to respond thereto. 7. The site plan has been reviewed by the Community Development Department staff and found to be in conformance with all conditional use permit application submittal requirements. Section 3. Decision. The Walnut Creek Planning Commission hereby approves the Conditional Use Permit and Tree Removal request subject to the following conditions: PLANNING CONDITIONS: The property shall be developed substantially as shown on the plans labeled Exhibit A of Use Permit Application No. Y Signage on site shall be provided for parking stalls that state parking after 5:00 p.m. is available for restaurant. 2. Given the historic and current parking conditions, the City shall support the continued shared parking as long as a future use shall not generate a higher demand. 3. The developer shall submit two (2) sets of construction plans and specification to the Contra Costa County Fire Protection District prior to the issuance of any building

4 Walnut Creek Planning Commission Page 4 permits to ensure acceptable emergency access, water supply and compliance with the Uniform Fire Code as adopted by the City of Walnut Creek. 4. The developer shall submit two (2) sets of construction plans to the Central Contra Costa Sanitary District for approval prior to submitting same plans to City for review and issuance of any building permit. 5. Prior to the issuance of Building and/or Demolition Permits, the developer shall submit a Waste Management Plan demonstrating how they intend to recycle, reuse or salvage building materials and other debris generating from the demolition of existing buildings and/or the construction of new buildings. Prior to the issuance of an Occupancy Permit, the developer shall submit a completed Waste Management Summary Report documenting actual debris recovery efforts, including quantities of recovered and land filled materials, that occurred throughout the project s duration. BUILDING DEPARTMENT: The following is required at time of building permit: 1. Interior floor plans show new interior stairs with no means of vertical disabled access. Revise the plans to show an appropriate means of providing a means of vertical disabled access to all floor areas in the building. 2. Note: interior demolition plans under permit number B a. Show a series of internal ramps that provide a means of vertical disabled access. b. Have the notation: Maintain Accessibility Throughout (Ramps and Stairs). 3. Amend the site plan to show a disabled accessible path to the public way a. From Croakerts Street for the tenants in Suite C on the building east side. b. From N. Broadway for the tenants in Suites A and B on the building west side. 4. The exiting from Stair 602 passes through a narrow egress court adjacent to the north property line. Amend site plan to show a safe pathway from the vertical exit enclosure discharge door to the public way at N Broadway. Specify fire-rated construction at walls where the egress court is less than 10-feet wide in accordance with building code Section Egress courts. 5. Confirm and note on the plans adequate number of plumbing fixtures for the proposed uses. Specify water closets, urinals, lavatories and drinking fountains as stipulated in plumbing code Table Minimum Plumbing Facilities. Please provide calculations on the plans with reference to CPC Table to justify the number of plumbing fixtures provided in the building. ENGINEERING CONDITIONS: Comments on the submittal to be addressed prior to application being complete: 1. Provide a title reports which indicate all easements and dimensions. Including but not limited to easements to access parking lot through northerly adjacent parcel.

5 Walnut Creek Planning Commission Page 5 2. Show existing features on the site and off-site features within fifty (50) feet of the site boundaries, including structures, roads, utilities, trees, plant life or other significant natural features. 3. Show location, height and design of all fences or walls, including but not limited to seatwall and screen wall. Additional comments to be addressed as part of the Improvement Plans (or earlier): 4. A Building Permit shall be obtained for the construction of any structures or building additions and all other improvements on the site. The applicant/owner should contact the Building division to discuss submittal requirements. 5. Trash enclosure(s) shall comply with Best Management Practices in accordance with the Clean Water Act. Best Management Practices for trash enclosures shall include roof, impervious floor surface which drains to inlet, inlet direct connection to sanitary sewer, adjacent grades which prevent run-on/run-off, and grease trap and/or oil/water separator as required by Central Contra Costa Sanitary District. 6. The developer shall install bicycle parking racks. The type of rack, location and number of spaces shall all be to the satisfaction of the City s Transportation Planner. 7. Handicap stalls, ramps, including for vans, slope and grade of ramps, landings and stalls, signs, striping, logo, width of landings and such details as are required shall comply with applicable State Standards. 8. The developer shall repair any damaged street sidewalk, curb and gutter, all to the satisfaction of the City Engineer. 9. An encroachment permit is required for all work within the public right-of-way. The encroachment permit is required prior to the issuance of the building permit. 10. All sidewalks shall comply with ADA and Title 24 requirements, including but not limited to, cross slope at driveway approaches and curb ramps. 11. Projects proposed for construction between October 1st and April 15th, must have an erosion and sedimentation control program approved, and implemented to the maximum extent possible, prior to the start of on site earthwork. Earthwork that is necessary to install erosion and sedimentation control facilities, such as sedimentation basins, may proceed concurrent with the installation of the control facilities. Erosion and sediment control plans shall be submitted to the City Engineer for approval by September 1, and implementation completed by October The developer shall comply with all requirements of the Contra Costa Co. Fire Protection District, Contra Costa Water District, Central Contra Costa Sanitary District, East Bay Municipal Utility District, PG&E, AT&T, Pacific Bell, Comcast and Astound Broadband, as applicable. 13. Include site demolition plan indicating all removals and including but not limited to any sawcut and pavement grinding if included. 14. Detail parking lot paving and re-grading, including but not limited proposed structural cross section, finish grades and handicap accessible areas within parking lot with slopes not exceeding 2% on all directions. 15. Show/describe concrete and special paving structural cross sections. 16. Detail accessible ramps. Include profile and typical cross section for ramp connecting east and north entrances. 17. Detail seatwall and screen wall.

6 Walnut Creek Planning Commission Page Comply with any Traffic Engineering comments regarding the parking lot. 19. The developer is strongly recommended to retain structural engineer to check the stability of retaining wall adjacent to the neighbor property on the south side and near Crokaerts Street. 20. In the event the applicant replaces the existing retaining wall. The site development permit application shall include structural calculations and details for the proposed retaining wall designed by a registered civil or structural. TRAFFIC ENGINEERING: 1. With regards to the parking summary, please clarify the values, the parking summary shows 23.3 spaces required for 2055 Broadway but it also shows 25 spaces required. 2. Provide wheel stop for spaces 6,7,8 and 9 to prevent vehicles from encroaching onto the pedestrian walkway. It can overhang to allow for the 18 full length required but the wheel stop needs to be installed or some barrier to prevent vehicles from encroaching onto the walkway that would reduce it to less than 4 wide clear. ARBORIST: 1. The tree on Crokaerts Street is missing in the sidewalk, due to ADA accessibility concerns and the width of the sidewalk, the tree well without the tree needs to be filled in with concrete. 2. The Arborist has reviewed the two trees requested for removal and is in support of the removal with the following resolution: a. The Siberian elm tree #19 should be replaced with a species of tree that will grow to a minimum of 40-feet and have a rounded canopy for shade and heat mitigation (discuss with City Arborist for examples). b. Siberian elm tree #25 is on the adjoining property and is in fair to poor condition. It would be beneficial if this tree were removed and replaced (requiring property owner approval). INDEMNITY: 1. The applicant and its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents, from any and all claims, actions, or proceedings arising out of or in any way relating to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void, or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties and the indemnitees, arising out of or in connection with the approval of this Project, whether or not there is concurrent, passive, or active negligence on the part of the indemnitees. Nothing herein shall prohibit the City from participating in

7 Walnut Creek Planning Commission Page 7 the defense of any claim, action, or proceeding. The parties shall use best efforts, acting in good faith, to select mutually agreeable defense counsel. If the parties cannot reach agreement, the City may select its own legal counsel and the applicant agrees to pay directly, or timely reimburse on a monthly basis, the City for all such court costs, attorney fees, and time referenced herein. 2. In the event that any condition imposing a fee, exaction, dedication, or other requirement is challenged by the applicant in an action filed in a court of law or threatened to be filed therein which action is brought within the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed. 3. All outstanding fees owed to the City, including staff time spent processing this application, shall be paid in full prior to the issuance of a site development permit or building permit. COMPLIANCE: 1. If any of the conditions of the Conditional Use Permit are not complied with, the Planning Commission, after written notice to the applicant and a noticed public hearing, may in addition to revoking the permit, amend, alter, delete, or add conditions to this permit at a subsequent public hearing noticed for such action. Section 4. Effective Date. This resolution shall take effect on December 1, 2014 (10 days after the mailing date), unless appealed by that date. PASSED AND ADOPTED on November 19, 2014 by the Walnut Creek Planning Commission at a regular meeting thereof upon motion by Commissioner > and seconded by Commissioner >. Ayes: > Noes: > Absent: > Abstain: > STEVE BUCKLEY, Secretary Walnut Creek Planning Commission