HomeMy WebLinkAbout2008-04
RESOLUTION NO. 2008-04
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIORNMENTAL
SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN DP 2007-06 LAND
USE PERMIT LUP 2007-16, AND TREE REMOVAL PERMIT TR 2008-03
RELATED TO ADDITIONS, CIRCULATIONS MODIFICATIONS,
ADDITIONAL PARKING AND LANDSCAPE IMPROVEMENTS.
FOR COMMUNITY PRESBYTERIAN CHURCH
(APNs: 196-201-050/200-200-005,006,007)
WHEREAS, COMMUNITY PRESBYTERIAN CHURCH (Owner/Applicant) has
requested approval of a Development Plan, Land Use Permit and Tree Removal permit
to allow the construction of a new 18,770 + / - square foot youth ministry addition, the
removal of an existing 3,688 + / - square foot Ministry Center building and the
construction of a new 3,350 + / - square foot structure to house a Fellowship Room and
Narthex area (resulting in a net of 18,432 + / - new square feet), a net addition of 45
parking spaces, including a proposed new parking lot across the street at the corner
nearest Diablo Road, the reconfiguration of the existing parking lot, and the loss of
existing parking in the location of the proposed new youth ministry building, an
increase of school attendance, kindergarten through eighth grade, from 308 to 400
students, circulation modifications, and landscape improvements. The request would
also result in the removal of a total of 67 trees, including five Town-protected trees on a
6.9 + / -acre site; and
WHEREAS, the subject site is located at 222 West El Pintado Road, and is further
identified as Assessor's Parcel Numbers 196-201-050/200-200-005,006,007; and
. WHEREAS, the Town of Danville P-1; Planned Unit Development District and M-12;
Multiple Family Residential District Ordinances require approval of a Development
Plan and Land Use Permit prior to the expansion of church/ school facility; and
WHEREAS, pursuant to the Town's Tree Preservation Ordinance, a Tree Removal
permit is required prior to the removal of five Town-protected trees; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on March 11, 2008; and
WHEREAS, in compliance with the California Environmental Quality Act (CEQA), a
draft Mitigated Negative Declaration of Environmental Significance has been prepared
for this project indicating that, as amended through project modification or
recommended conditions of approval, no significant environmental impacts are
PAGE 1 OF RESOLUTION NO. 2008-04
expected to be associated with this project; 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 the grant
of a Mitigated Negative Declaration of Environmental Significance and approves
Development Plan DP 2007-06, Land Use Permit LUP 2007-16, and Tree Removal
request TR 2008-03 per the conditions contained herein, and makes the following
findings in support of this action:
FINDINGS
DEVELOPMENT PLAN AND LAND USE PERMIT
1. The development and land use will not be detrimental to the health, safety, and
general welfare of the Town, as no significant environmental impacts have been
found to be associated with the project as documented within the Traffic Study,
Tree Study, Biological Study, and Geotechnical Study prepared for this project.
2. The development and land use will not adversely affect the orderly development
of property within the Town. The proposed parking additions, circulation
modifications, and implementation of a Traffic Management Plan are expected to
improve the existing parking and traffic issues in the area.
3. The development and land use will not adversely affect the preservation of
property values and the protection of the tax base within theTown.
4. The development and land use will not adversely affect the policy and goals as
set by the 2010 General Plan. Policy 11.11 of the Danville General Plan requires
the Town to "consider churches and other religious building as appropriate in
residential areas provided safe vehicular access and effective buffering from
noise, traffic and other impacts can be achieved, and the design is appropriate to
the immediate area." The design of the facility has been reviewed and found to
be compatible with the neighborhood by the Town's Design Review Board, and
PAGE 2 OF RESOLUTION NO. 2008-04
numerous studies have found no evidence that the project would result In
significant negative impacts in the neighborhood.
5. The development and land use will not create a nuisance and\ or enforcement
problem within the neighborhood or community. The proposed project consists
of an addition to an existing use which does not have any history of nuisance or
enforcement problems.
6. The development and land use will not encourage marginal development within
the neighborhood. The development will be of high quality, as shown on the
project plans and as required through project conditions of approval.
TREE REMOVAL PERMIT
1. The removal of five Town-protected trees is necessary to allow for the proposed
development as these trees conflict with proposed improvements, including new
structures and the redesign of the parking lot. Trees to be removed will be
mitigated as specified within the Town's Tree Preservation Ordinance.
2. The tree removal will not result in soil erosion or a diversion or increase in the
flow of surface water.
3. The removal of the tree will not result in an impact to the shade or privacy
between neighbors, or the scenic beauty of the area because there are enough
mature trees within the vicinity.
CONDITIONS OF APPROV AL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from
the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of building permits or the Town's final inspection of the development, as
determined by the Town. Each item is subject to review and approval by the Planning
Division unless otherwise specified.
PAGE 3 OF RESOLUTION NO. 2008-04
A. GENERAL
1. This approval is for a Development Plan, Land Use Permit and Tree
Removal permit to allow the construction of a new 18,770 + / - square foot
youth ministry addition, the removal of an existing 3,688 + / - square foot
Ministry Center building and the construction of a new 3,350 + / - square
foot structure to house a Fellowship Room and Narthex area (resulting in
a net of 18,432 + / - new square feet), a net addition of 45 parking spaces,
including a proposed new parking lot across the street at the corner
nearest Diablo Road, the reconfiguration of the existing parking lot, and
the loss of existing parking in the location of the proposed new youth
ministry building, an increase of school attendance, kindergarten through
eighth grade, from 308 to 400 students, circulation modifications, and
landscape improvements. The request would also result in the removal of
a total of 67 trees, including five Town-protected trees. Development shall
be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein;
a. Grading and Drainage Plan, as prepared by ALIQUOT labeled
"Grading and Drainage Plan, Community Presbyterian Church,"
dated received by the Planning Division on February 29, 2008.
b. Preliminary Landscape Plan as prepared by Camp & Camp
Associated, dated received by the Planning Division on February
29, 2008.
c. Landscape Plan Details and Sections as prepared by Camp & Camp
Associates, dated received by the Planning Division on February
29,2008.
d. Architectural elevations, details, and sections drawings labeled
"Community Presbyterian. Church," prepared by Dahlin Group
Architecture/Planning, consisting of five sheets, dated received by
the Planning Division on February 29, 2008.
e. Site Photos, Perspective Drawings, Details, Sun/Shadow Studies,
Tree Removal and Tree Planting Plan, labeled "Community
Presbyterian Church, Danville Design Review Board Supplemental
Information," as prepared by the Dahlin Group Architecture/
Planning, dated February 8, 2008.
PAGE 4 OF RESOLUTION NO. 2008-04
2. Project approval and the Mitigated Negative Declaration of
Environmental Significance are based on the following studies and
reports:
a. Storm Water Control Plan, prepared by ALIQUATE Associates, Inc,
dated January, 2008.
b. Tree Preservation Report prepared by Ed Brennan, Consulting
Arborist, dated August 3, 2007 and Tree Report addendum
prepared by Ed Brennan, Consulting Arborist, dated February 5,
2008.
c. Traffic Study prepared by HEXAGON TRANSPORTATION
CONSULTANTS," dated January 10, 2008.
d. Traffic Management Plan, as prepared by Community Presbyterian
Church, and reviewed and recommended for approval by the
Town and HEXEGON TRANSPORTATION CONSULTANTS. The
Parking Management Plan is included in the back of the
HEXEGON Traffic Study.
e. Geotechnical Exploration, prepared by Engeo Incorporated, dated
July 2, 2007.
f. Biological Resources Report prepared by Mosaic Associates LLC,
February 7, 2008.
3. All Town and other related fees that the property may be subject to shall
be paid by the applicant. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of building permits for the project. The following
fees are based upon 18,432 additional square feet of building area and 97
additional peak hour vehicular trips. Notice should be taken specifically
of the following:
a. Improvement Plan Check Fee....3% of site improvement cost
b. Engineering Inspection Fee .......5% of site improvement cost
c. Grading Plan Check, Inspection & Permit ... to be determined
d. Storm Water Pollution Program Fee.......................... $ 382.00
e. Finish Grading Inspection Fee...................................$ 161.00
f. Excavation Mitigation Fee (Flood Control) ........... $ 2,000+/-
PAGE 5 OF RESOLUTION NO. 2008-04
g. see Regional Fee (95 peak hour trip) .................$ 28,861.00
h. Tri Valley Transportation Fee (95 peak hour trip).$ 7,714.00
4. Prior to the issuance of a building permit, or grading permit, whichever occurs
first, the applicant shall reimburse the Town for notifying surrounding
residents of the public hearing. The fee shall be $612.54 (246 notices X three
notices X $0.83 per notice).
*5. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley
Unified School District have been, or will be, met to the satisfaction of
these respective agencies
*6. The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $1,876.75 for the Department of Fish and Game and $50.00 for the
Contra Costa County Clerk. This check shall be made payable to the
Contra Costa County Recorders Office and shall be submitted to the Town
within five days of project approval.
*7. In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land
alteration work within 100 feet of the find shall be halted, the Town
Planning Division notified, and a professional archeologist, certified by
the Society of California Archeology and/ or the Society of Professional
Archeology, shall be notified. Site work in this area shall not occur until
the archeologist has had an opportunity to evaluate the significance of the
find and to outline appropriate mitigation measures, if deemed necessary.
If prehistoric archaeological deposits are discovered during development
of the site, local Native American organizations shall be consulted and
involved in making resource management decisions.
*8. Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless
otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Official for building
construction activity. Prior to any construction work on the site, including
grading, the applicant shall install a minimum 3'x3' sign at the project
entry which specifies the allowable construction work days and hours,
and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the job.
PAGE 6 OF RESOLUTION NO. 2008-04
*9. The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/ or the Chief Building Official, around the site during
construction of the project.
*10. The applicant shall require contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition,
and to locate stationary noise-generating equipment as far away from
existing residences as feasible.
*11. A watering program which incorporates the use of a dust suppressant,
and which complies with Regulation 2 of the Bay Area Air Quality
Management District shall be established and implemented for all on and
off-site construction activities. Equipment and human resources for
watering all exposed or disturbed soil surfaces shall be supplied on
weekends and holidays as well as workdays. Dust-producing activities
shall be discontinued during high wind periods.
*12. All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a
construction-phases occupancy plan approved by the Planning Division.
No structure shall be occupied until construction activity in the adjoining
area is complete and the area is safe, accessible, provided with all
reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity.
*13. The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, and/ or building permit
review process (whichever occurs first). This report shall list each
condition of approval followed by a description of what the applicant has
provided as evidence of compliance with that condition. The applicant
must sign the report. The report is subject to review and approval by the
City Engineer and/ or Chief of Planning and/ or Chief Building Official,
and may be rejected by the Town if it is not comprehensive with respect to
the applicable conditions of approval.
*14. Planning Division sign-off is required prior to final Building Inspection
sign-off.
PAGE 7 OF RESOLUTION NO. 2008-04
15. Occupancy and use of the overall facility shall be limited so as not to
exceed the on-site and off-site parking supply (i.e., 601 parking spaces).
This includes all combinations of uses of the facility at any given time,
including staff. Should any of the currently secured off-site parking
agreements be terminated, the allowable maximum occupancy of the site
shall be reduced accordingly.
16. The permit authorizes occupancy of the San Ramon Valley Christian
Academy, Kindergarten through 8th grade, for a maximum of 400
children at anyone time.
17. The permit authorizes the continued operation of the Community
Presbyterian Preschool with a maximum capacity of 102 children at any
one time.
18. Occupancy of the worship hall shall be limited to a maximum of
occupancy of 1,659 persons.
19. Other uses of the site shall be limited to religious or community based
classes and activities, and shall not include a combination of uses at any
given time that exceeds the total parking supply.
B. SITE PLANNING
1. All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties
and rights-of-way. Lighting and lighting fixtures shall be shown on the
approved project plans.
*2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
C. LANDSCAPING
*1. Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five-year period
of time.
PAGE 8 OF RESOLUTION NO. 2008.,.04
*2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and
landscape guidelines and shall be designed to avoid runoff and overspray.
Proposed common maintenance lawn areas within the project shall not
exceed a maximum of 25 percent of proposed common landscaped areas.
*3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
A minimum of 25 % of the true shrubs planted in the project (i.e., not
including Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or
15-gallon container size shrubs.
*4. All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so that
it fills in within two years.
5. Except as approved as part of this permit, all existing trees on the site shall
be preserved to the extent practical. Removal will be allowed only upon
prior written approval from the Planning Division.
6. The tree preservation guidelines established in the tree surveyjarborist report
performed for this site, prepared by Ed Brennan (dated August 3, 2007), shall be
incorporated into the detailed site development plans. The tree survey shall be
updated to provide tree-specific preservation measures for those existing trees to
be retained within the project. The recommendations of this supplemental report
shall be incorporated into the final design and construction of the project.
7. A security deposit in the amount of the assessed value of the Town-protected
tree(s) for which development is proposed to occur within the dripline, (calculated
pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town
prior to the issuance of a grading permit or building permit to maximize the
probability that the affected trees will be retained in good health. The applicant
shall be required to secure an appraisal of the condition and value of all affected
trees. The appraisal shall be done in accordance with the then current addition of
the "Guide for Establishing Values of Tree and Other Plants," by the Council of
Tree and Landscape Appraisers under the auspices of the International Society of .
Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall
be subject to review and approval by the Chief of Planning. A tree preservation
agreement shall be prepared that outlines the intended and allowed use of funds
posted as a tree preservation security deposit. That portion of the security deposit
PAGE 9 OF RESOLUTION NO. 2008-04
still held by the Town two full growing seasons after project completion shall be
returned upon verification that the trees covered by the deposit are as healthy as
can be provided for under the terms of the tree preservation agreement.
8. The applicant shall be required to replace the five Town-protected trees to be
removed with a number and size of valley and coast oak trees equal to the total
diameter of the trees to be removed. The trees shall be planted on-site, in addition
to the trees proposed as pat of the landscape plan, or off-site in nearby publir areas
as determined appropriate by the Planning Division.
9. All existing and new landscaping shall be maintained in a healthy
growing condition. Dead plant material shall be replaced within 60 days.
Prior to occupancy of the new structures, the applicant shall submit to the
Town a landscape maintenance plan detailing how the site landscaping
will be maintained. Preferably, this will be in the form of an ongoing
maintenance contract with a professional landscape maintenance
company.
10. All shrubs planted around the parking lots intended to screen the parking
lot shall be minimum 15 gallon shrubs, of a variety that reaches up to five
feet tall, and a variety that does well under tree canopies, subject to final
review and approval by the Town and the Design Review Board prior to
the issuance of building permits. The shrubs shall be varied on both sides
of the split rail fence. These shrubs shall be maintained as an effective
visualj sound barrier. All shrubs shall be placed at the top of the slope
surround the parking lots to provide the most effective screening.
11. A six foot high soundwall shall be placed between the new parking lot
and the home at 235 West EI Pintado. This soundwall shall be constructed
immediately after the completion of demolition and grading activities and
prior to construction of the parking lot. In addition, substantial landscape
screening, including specimen evergreen trees, shall be planted along the
parking lot side of the soundwall. The sound wall shall be constructed of
concrete or masonry blocks, and shall be rough trough on both sides. The
color and design of the wall, and the landscaping, shall be subject to
review and approval by the Town's Design Review Board, with input
from the adjacent property owner.
D. BIOLOGICAL RESOURCES
1. If site disturbance commences between February 15 and August 15, a pre-
construction nesting bird survey shall be conducted by. a qualified wildlife
PAGE 10 OF RESOLUTION NO. 2008-04
biologist. If nests of either migratory birds or birds of prey are detected on or
adjacent to the site, a no-disturbance buffer (generally 75 feet for passerines, and
250 feet for rap tors) within which no new site disturbance is permitted shall be
observed until August 15, or the qualified biologist determines that the young are
foraging independently. The size of the no-disturbance buffer shall be determined
by a qualified wildlife biologist, and shall take into account local site features and
existing sources of potential disturbance. If more than 15 days elapses between the
survey and site disturbance, the survey shall be repeated.
2. Pre-construction surveys for California red-legged frogs and western pond turtles
shall be conducted not more than 48 hours prior to the commencement of site
disturbance. If California red-legged frogs are detected in an area where there is
potential for a take during construction, the U.S. Fish and Wildlife Service shall
be consulted to determine the appropriate course of action. If western pond turtles
are detected, and they are likely to be disturbed during construction of the project,
they shall be relocated to a suitable reach of creek upstream or downstream of the
project.
3. Prior to construction, silt fencing or equivalent shall be installed along the top of
bank to prevent the movement of amphibians or reptiles from the riparian area
onto the project site. Vegetation shall be cleared from the soil surface prior to the
installation of the silt fencing. The bottom of this fencing shall be buried to a
depth of six inches and shall be checked and maintained weekly by the
construction team to ensure that no gaps develop through which amphibians or
reptiles could pass. This fencing shall be removed once construction of the
proposed project is complete.
4. Priorto construction and the installation of the silt fencing described in MM 2-2,
a qualified biologist shall conduct a training session on California red-legged frogs
and western pond turtles for construction personnel.
5. Pre-construction surveys for California red-legged frogs and western pond turtles
shall be. conducted not more than 48 hours prior to the commencement of site
disturbance. If California red-legged frogs are detected in an area where there is
potential for a take during construction, the U.S. Fish and Wildlife Service shall
be consulted to determine the appropriate course of action. If western pond turtles
are detected, and they are likely to ~e disturbed during construction of the project,
they shall be relocated to a suitable reach of creek upstream or downstream of the
project.
6. Riparian trees and shrubs removed for construction of the project shall be replaced
on site at not less than a 3:1 replacement-to-removal ratio. A notification of
Streambed Alteration shall be submitted to the California Department of Fish andt
PAGE 11 OF RESOLUTION NO. 2008-04
Game if riparian vegetation is removed or earthwork at or below creek top of bank
is required.
E. ARCHITECTURE
*1. All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
*2. All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include
six-foot high masonry walls on three sides with steel framed gates and
wood bolted to the gates. Gates will be self-closing and self-latching.
Prior to issuance of a building permit, the applicant shall document that
all trash/recycling areas are appropriately sized and located. The trash
and recycling area( s) shall be covered and bermed so as not to allow storm
water run-off and run-on from adjacent areas. The area drains for the
trash and recycling area(s) shall be connected to the sanitary sewer, not
the storm drain system.
*3. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel.
*4. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
5. If additional/ new signing for the development is desired, a
comprehensive sign program shall be submitted to the Town for
consideration under a separate application.
6. Pavilion doors shall remain closed during the hours between 9:00 pm and
7:00 a.m.
PAGE 12 OF RESOLUTION NO. 2008-04
F. PARKING
*1. All parking spaces shall be stJ:'iped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
*2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no
less than 8 feet by 16 feet in size, including allowable overhang.
3. All State and Federal accessibility requirements shall be met, including at
least one van-accessible parking space, and clear and direct paths of travel
to the facility.
4. All aspects of the Traffic management Plan for the project, referenced
under Condition of Approval A.2.d. above, shall implemented by the
applicant. As required by the plan, a Traffic Safety Committee shall be
formed and meet monthly to talk about the effectiveness of the Parking
Management Plan and recommend amendments to the Plan which may be
found desirable to improve traffic/parking issues. The committee shall
include at least two representatives from the neighborhood.
5. The Traffic Management Plan shall be reviewed after one full year of
implementation to assess its effectiveness. Any necessary / desirable
recommended modifications shall be implemented as part of the Traffic
Management Plan subject to review and approval by the Town.
6. Additional "No CPC Parking" signs shall be placed at the intersections of
West EI Pintado Road and residential side streets in the area during
weekend services and other major events. Sign placement shall be as
determined by the Traffic Safety Committee and incorporated in to the
Traffic Management Plan, subject to review and approval by the Town.
G. GRADING
*1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
*2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
PAGE 13 OF RESOLUTION NO. 2008-04
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice shall include a list of contact persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and
shall consist of persons with authority to initiate corrective action in their
area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
*3. Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
*4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
shall be submitted for review and approval by the City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
*5. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If all or
part of the construction does occur during the rainy season, the developer
shall submit an Erosion Control Plan to the City Engineer for review and
approval. This plan shall incorporate erosion control devices such as, the
use of sediment traps, silt fencing, pad berming and other techniques to
minimize erosion.
*6. All grading activity shall address National Pollutant Discharge
Elimination System (NPDES) concerns. Specific measures to control
sediment runoff, construction pollution and other potential construction
contamination shall be addressed through the Erosion Control Plan (ECP)
and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall
supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under
construction. A NPDES construction permit may be required, as
determined by the City Engineer.
PAGE 14 OF RESOLUTION NO. 2008-04
*7. All new development shall be consistent with modern design for
resistance to seismic forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
*8. All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
*9. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
*10. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. . The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/ or treatment. of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
H. STREETS/CIRCULATION
*1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any
public right-of-way or easement.
*2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs, parking restriction signs and/or curb
markings, which may be required to be installed, shall be subject to
review and approval by the Transportation Division and the Police
Department.
*3. All mud or dirt carried off the construction site onto adjacent streets,shall
be swept each day . Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
*4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
PAGE 15 OF RESOLUTION NO. 2008-04
*5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/ or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to
the City Engineer an up-to-date title report for the subject property.
*6. Handicapped ramps shall be provided and located as required by the City
Engineer.
*7. Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private
street improvements, and their dimensions, shall be as shown on the
project plans identified in #A.1. above and shall conform to Standard Plan
104 a & b.
*8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
9. Community Presbyterian Church shall extend the loading zone by approximately
60 feet northward and restripe the area with three through lanes. The two lanes
nearest the church shall be used for student loading and provide approximately
125 feet of storage per lane. A traffic monitor shall be present to instruct the
vehicles when to continue forward to drive aisle #4 where student drop-off would
occur along the north side, between drive aisles #7 and #8. The third lane would
remain clear to allow for site circulation. This 250 feet of coverage should be
adequate to serve the maximum projected, queue of 10 vehicles under project
conditions. However, in the case that the queue is greater than 10 vehicles at any
one time, there would be adequate staging room within the parking lot to prevent
vehicles from spilling out into the new 3-way intersection. In the event of a
backup onto West El Pintado at the new southeast intersection, the traffic monitor
will direct incoming vehicles into drive aisle #2. These vehicles will than be
instructed to continue to the end of drive aisle #2, turn into drive aisle #1 and
hold there until directed by the traffic monitor to re-enter the staging lanes. This
may also require some traffic control devices (e.g. cones) during loading times.
10. The applicant shall modify the plans to add a 12 foot wide northbound through
lane into the project site. The new lane shall provide approximately 175 feet of
additional queuing space south of the existing 90 foot loading zone for a total of
265 feet. This would provide two northbound through lanes into the site and
PAGE 16 OF RESOLUTION NO. 2008-04
prevent queued vehicles from blocking intersection movements. In order for the
additional lane to be constructed, CPC would need to provide adequate additional
right-ofway along the project frontage.
13. The new southeast driveway shall be modified so that the southbound through
lane more closely aligns across the intersection, to the satisfaction of the Town
Transportation Department.
14. Mter one year of operation of the facility, the applicant shall fund a
follow-up traffic/ circulation/ parking study for the project, subject to
review and approval by the Town's Transportation Department. Any
recommended modifications to the project plans to enhance circulation or
. parking shall be implemented by the applicant. Any recommended major
site or circulation amendments shall be subject to review and approval by
the Planning Commission.
15. The applicant shall prepare all plans and documents necessary for the
Town to quitclaim excess right-of-way along both sides of EI Pintado
Road, south of the new southern parking lot entry. The quitclaim shall be
approved by the Town prior to issuance of grading permits or approvatof
improvement plans for the project.
I. INFRASTRUCTURE
*1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
*2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
*3. Drainage facilities and easements shall be provided to the satisfaction of
the City Engineer and/ or the Chief Engineer of the Contra Costa County
Flood Control & Water Conservation District.
*4. All required improvements to area creeks for drainage purposes shall
meet the requirements of existing Town of Danville, Contra Costa County
Flood Control & Water Conservation District, the Department of Fish &
Game, the Department of u.s. Fish and Wildlife, California Regional
Water Quality Control Board and the United States Army Corps of
PAGE 17 OF RESOLUTION NO. 2008-04
Engineers codes and policies.
*5. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage systems shall be required
to complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
*6. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
*7. Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
*8. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
*9. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the
construction of off-site temporary or permanent road and drainage
improvements.
*10. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
*11. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a. Equipment appurtenant to under ground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes/and concealed ducts;
b. Metal poles supporting street lights.
PAGE 18 OF RESOLUTION NO. 2008-04
*12. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
J. MISCELLANEOUS
*1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the Development Plan
reVIew process.
*2. As a part of the issuance of a demolition permit and/ or building permit .
for the project, the developer shall submit a recycling plan for building
and construction materials and the disposaJ. of green waste generated
from land clearing on the site. Prior to obtaining framing inspection
approval for the project, the applicant/ owner shall provide the Planning
Division with written documentation (e.g. receipts or records) indicating
that waste materials created from the demolition of existing buildings and
the construction of new buildings were/are being recycled according to
their recycling plan or in an equivalent manner.
*3. The proposed project shall conform to the Town's Stormwater
Management and Discharge Control Ordinance (Ord. No. 2004-06) and all
applicable construction Best Management Practices (BMPs) for the site.
For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/ equipment cleaning,
maintenance and fueling and stabilization of construction entrances.
Training of contractors on BMPs for construction activities is a
requirement of this permit. At the discretion of the City Engineer, a Storm
Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
*4. Prior to commencement of any site work that will result in a land
disturbance of one (1) acre or more in area, the applicant! owner shall
submit evidence to the Town that the requirements for obtaining a State
General Construction Permit have been met. Such evidence may be the
copy of the Notice of Intent (NOI) sent to the State Water Resources
Control Board. Additionally, the applicant/ owner shall submit evidence
that the requirements for obtaining the u.s. Army Corps of Engineers 404
Permit, the State Water Resources Control Board 401 Certification, and the
California Department of Fish and Game's Streambank Alteration
PAGE 19 OF RESOLUTION NO. 2008-04
Agreement have been or will be met. Such evidence may be a copy of the
permit(s)/ agreement and/or a letter from the applicant/owner stating
that the above permit(s) are not required for the subject project.
If the project is over five acres in size, a Notice of Intent (NOI) and Storm
Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional
Water Quality Control Board and a copy given to the City Engineer prior
to commencement of any construction activity. A SWPPP shall be
prepared as part of the preparation of project improvement plans. The
SWPPP shall supplement the erosion control plan prepared for the project,
if one is required. These documents shall also be kept on-site while the
project is under construction.
*5. The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project's overall site, architectural, landscaping and
improvement plans. Thes~ requirements are contained in the project's
Stormwater Control Plan
*6. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include drawings
and specifications necessary to implement all measures in the approved
plan. The permit application shall include a completed Construction Plan
C.3 Checklist as described in the Town's Stormwater C.3 Guidebook.
*7. As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
*8. Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/ or long-term
maintenance of stormwater treatment or hydrograph modification BMPs.
*9. Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
PAGE 20 OF RESOLUTION NO. 2008-04
Stormwater BMP Operation and Maintenance Plan in accordance with the
Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F of
the Town's Stormwater C.3 Guidebook.
10. A construction phasing plan shall be submitted for review and approval
by the Town. The phasing plan shall emphasis minimal disruption of the
operation of West EI Pintado Road, minimal disruption of existing
parking, and timed to minimize any hazards or conflicts with ongoing
activities.
APPROVED by the Danville Planning Commission at a regular meeting on March II,
2008, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
if2~8.
4~/
C6.ief of P~l~g
City Attorney
PAGE 21 OF RESOLUTION NO. 2008-04