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HomeMy WebLinkAbout2007-13RESOLUTION NO. 2007-13 APPROVING LAND USE PERMIT LUP 2007-25 ALLOWING THE PLACEMENT OF THREE TEMPORARY MODULAR BUILDINGS IN ASSOCIATION WITH THE SETH CHAIM RELIGIOUS FACILITY (APN: 215-330-018) WHEREAS, Beth Chaim Congregation has requested approval of a Land Use Permit request to allow the placement three temporary modular building, approximately 24' x 60' in size, to be used for Sunday School classes, weekday Hebrew School classes, Adult Education Program classes, and occasional committee and board meetings a 4.45 +/-acre site; and WHEREAS, the subject site is located at 1800 Holbrook Drive and is further identified as Assessor's Parcel. Number 215-330-018; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance require approval of a Land Use Permit prior to the establishment of temporary modular buildings; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 24, 2007 and did continue the item to a date uncertain; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 28, 2007; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the, request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2007-25 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. 5. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL 1. This Land Use Permit (LUP 2007-25) authorizes 'the placement of three modular buildings which are approximately 24'x 60' in size in association with the Beth Chaim facility at 1800 Holbrook Drive. Except as may be modified by these conditions, development and use of the modular buildings shall be as shown on the following plans: a. Project site plan, floor plan, landscape plan, elevations, visual simulations, and site sections, as prepared by CSDA Architects, labeled "Beth Chaim Congregation, Modular Building Addition," dated August 20, 2007. b. Wood Lattice Detail Labeled Exhibit D. 2. The authorized use of the modular buildings includes Sunday School classes, weekday Hebrew School classes and Adult Education Program classes, and occasional committee and board meetings. The Sunday School classes may be held on Sundays between approximately 9:00 A.M. and 1 P.M., with a maximum capacity of 150 students and 10 teachers. The weekday Hebrew School, to be comprised of grades 4-7, may be held on weekdays between approximately 4:00 P.M. and 7:00 P.M. The maximum attendance shall be 60 children and three teachers to be held in two back-to-back sessions. The Adult Education program may be scheduled from 7:00 P.M. to 9:30 P.M weekdays, including approximately 40 adults and four PAGE 2 OF RESOLUTION NO. 2007-13 teachers in four sessions on varying days. Finally, non pre-scheduled meetings, comprised of committees, boards, etc. may take place from time-to-time as necessary. 3. All conditions approval established under Town Council Resolution No. 04-2003 shall continue to apply to the development of'this site. 4. The paint color of the buildings shall match the darker body color of the adjacent worship hall. The roof color of the modular buildings shall be a medium brown color, subject to review and approval by the Town. 5. All new plant material shall include an automatic irrigation system. All plant material shall be maintained in a healthy growing manner. Any dead/ dying trees or shrubs shall be replaced immediately. 6. The wood trellises shall be as shown on Exhibit D of the Staff Report for this project. The lattice structures shall span two posts each across the south elevation of Building C. This will result in three separate trellis structures. The lattice structure in front of the south elevation of Building B shall span three posts. The trellis structures shall be placed to have varying setbacks from the wall of the buildings, subject to review and approval by the Town. Trumpet vines shall be planted to grow on the lattices. 7. The proposed Timberteck deck should be brownish, not redish. 8. This approval is valid for a period of five years. Any requested extension beyond this time period will require approval by the Planning Commission through a noticed public hearing. 9. Appropriate Building Permits shall be obtained from the Towri s Building Division prior to placement of the modular buildings. 10. Access to the modular building shall meet all handicapped requirements as determined by the Towri s Building Division. 11. Outdoor lighting shall be kept at a low level so as not to be visible over the sound wall to the east. 12. Any outdoor activities shall be limited to the area between the modular building and the courtyard area. Activities shall not take place between the modular building and the sound wall to the east. PAGE 3 OF RESOLUTION N0.2007-13 13. Evidence that the- facility has met all requirements of the San Ramon Valley Fire Protection District shall be submitted to the Town prior to issuance of a Building Permit. 14. This permit is revocable at any time by the Town for cause consistent with the creation of a nuisance related to the use, non-compliance with these conditions of approval, or if the planned development of the site is initiated prior to the termination of this Land Use Permit. 15. An additional pepper tree shall be planted at near the southeast corner of Building B, subject to review and approval by the Planning Division. 16. The species of screening shrubs should be minimum 15 gallon Dodonea. The screen trees should be Schinus (pepper trees). The pepper trees may be 15 gallon size if species that are at least six feet tall can be found, otherwise they should be 24" box size. Nine to 12 additional pepper trees and approximately 50 percent more shrubs shall be added to the planting plan. 17. The screen trees shall be places on a one to two foot earth berm or similarly elevated to the extent possible. APPROVED by the Danville Planning Commission at a regular meeting on August 28, 2007, by the following vote: AYES: NOES: ABSTAIN: ASSENT: APPROVED AS TO FORM: ,~, ~~ - :~--. City Attorney Chief of Pl nn' g PAGE 4 OF RESOLUTION N0.2007-13