HomeMy WebLinkAbout2008-23
RESOLUTION NO. 2008-023
APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST
DEV2008-042, AND TREE REMOVAL REQUEST TR08-0040, ALLOWING THE
CONSTRUCTION OF A NEW 9,707 (+/-) SQUARE FOOT CHRISTIAN
FELLOWSHIP AND EDUCATION BUILDING, THE CONTINUED OPERATION
AND MODIFICATION TO AN EXISTING ON SITE PRE-SCHOOL, A 2,532 (+/-)
SQUARE FOOT OFFICE SUITE ADDITION TO THE EAST SIDE OF THE
. EXISTING SANCTUARY BUILDING, AND THE REMOV AL OF TOWN-
PROTECTED REDWOOD TREE
(DANVILLE CONGREGATIONAL CHURCH - APN: 208-190-024)
WHEREAS, Danville Congregational Church has requested approval of Development
Plan/Land Use Permit application DEY08-042 and Tree Removal Application TR08-
0040 to allow, on a 2.34 + / - acre site; and
WHEREAS, the subject site is located at 989 San Ramon Yalley Boulevard and is further
identified as Assessor's Parcel Number 208-190-024; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Development Plan and Land Use Permit prior to the expansion
of a church/ school facility; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on December 9,2008; and
WHEREAS, the project has been found to be Categorically Exempt the California
Environmental Quality Act (CEQA) Section 15301; 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
Development Plan and Land Use Permit request DEY08-042 and Tree Removal request
TR08-0040 per the conditions contained herein, and makes the following findings in
support of this action:
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.
2. The development and land use will not adversely affect the orderly
development of property within the Town.
3. The development and land use will not adversely affect the preservation of
property values and the protection of the tax base within the Town.
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
also been reviewed and found to be compatible with the neighborhood by the
Town's Design Review Board.
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 pr<:>ject conditions of approval.
TREE REMOVAL PERMIT
1. The removal of one Town-protected Redwood tree is necessary to allow for
the proposed development as this tree conflicts with proposed
improvements, including new structure additions and the redesign of the
landscaping to accommodate and comply with C.3. Stormwater regulation
requirements.
2. The tree removal will not result in soil erosion or a diversion or increase in
the flow of surface water.
PAGE 2 OF RESOLUTION NO. 2008-23
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 several
mature trees within the vicinity.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permit for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Development Plan/Land Use Permit application
DEV08-042 and Tree Removal Application TR08-0040. The project shall be
substantially as shown and described on the project drawings/ studies as
follows, except as may be modified by conditions contained herein;
1. Preliminary Development Plan, Site Plan, Landscape Plan, and
Architectural Elevations and consisting of fifteen (15) sheets, as
prepared by WMB Architects, and dated December I, 2008,
received by the Planning Division on December I, 2008.
H. Stormwater Pollution Control Plan, consisting of a ten (10) page
document and one (1) sheet, as prepared by DK Consulting and
dated November 20, 2008 (subject to final review and approval by
the Town of Danville Engineering Division).
HI. Traffic Impact Study for Danville Congregational Church Day Care
Center, consisting of a sixteen (16) page document, as prepared by
TJKM and dated December 2, 2008.
2. Prior to the issuance of a building permit the applicant shall reimburse the
Town for notifying surrounding property owners of the public hearing.
The fee shall be $342.80 ($105.00 plus 290 notices X $0.82 per notice x two
notices).
PAGE 3 OF RESOLUTION NO. 2008-23
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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 said permit:
1. Excavation Mitigation Fee (Flood Control)... . . . . . . . . . $722 (+ / -)
2. Stormwater Pollution Program Fee..................... .$393.00
3. SCC Regional Fee............... .................. ........ ....$41,838.00
4. Tri-Valley Transportation Fee.......................... ...$30,970.00
5. Building Permit Fee......................................... .$20,500+ /-
4.
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 have been, or will be, met to the satisfaction
of this agency.
5.
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.
6.
Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays),
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' x 3' 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 subcontractors working on the job.
7.
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.
PAGE 4 OF RESOLUTION NO. 2008-23
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8.
The applicant shall require their 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.
9.
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.
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. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of residenttraffic and construction traffic.
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
Planning Division sign-off is required prior to final Building Inspection
sign-off.
13. The permit authorizes the continued operation of the Dayspring Preschool
with a maximum capacity of 72 children at anyone time.
PAGE 5 OF RESOLUTION NO. 2008-23
14. 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
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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-af-way.
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.
3. If the play yard cannot be treated to comply with the C3. Stormwater
Control Regulations (subject to review and approval by the Town of
Danville Engineering Division), the play yard shall be constructed of a
pervious surface (as the area has not been included in the C3. Stormwater
Control Plan calculations for the project).
C LANDSCAPING
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1. Final landscape and irrigation plans shall be submitted for review and
approval by the Design Review Board. 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. The soil and plant
material proposed for the bioretention areas shall be consistent with the
recommendations of the Contra Costa Clean Water Program.
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.
PAGE 6 OF RESOLUTION NO. 2008-23
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4. All existing trees on the site (with the exception of the one Town-protected
Redwood tree authorized to be removed by this approval) shall be
preserved to the extent practical. Removal will be allowed only upon
prior written approval from the Planning Division.
5.
If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees, a security deposit in the amount of the assessed
value of the tree(s) (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 current edition
of the "Guide for Establishing Values of Trees 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 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.
6. The four existing Redwood trees on the north side of the existing
Sanctuary Building shall be preserved. Prior to issuance of a grading
permit, the applicant shall submit to the Town a study prepared by a
certified arborist evaluation of potential impacts on the trees created by
the proposed location of the storm drain line on the north side of the
property. If the subject trees are found to the potential to be harmed
during development, the applicant shall study and design an alternate
rou te for the storm drain line to avoid impacting the subject Redwood
trees. Final design of the storm drain line will be reviewed and approved
by the Town's Engineering and Planning Divisions.
PAGE 7 OF RESOLUTION NO. 2008-23
D. ARCHITECTURE
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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. All air conditioning. and/ or any
other roof mounted mechanical equipment shall also be connected to the
sanitary sewer (not the storm drain system).
2.
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. 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 existing trash/ recycling containment
area shall be studied to explore the option of connecting area drains to the
storm drain system, not the sanitary system. Final trash enclosure
location, architecture, and drainage hookup shall be subject to review an
approval by the Town of Danville Planning and Engineering Division.
3. No kitchen mats shall be washed outside and allowed to drain into the
storm drain system.
4.
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.
5. Samples of final materials and the proposed color palette shall be
submitted for review and approval by the Design Review Board prior to
the issuance of building permits for the project.
6. 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.
7. 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.
PAGE 8 OF RESOLUTION NO. 2008-23
E. GRADING
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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
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.
PAGE 9 OF RESOLUTION NO. 2008-23
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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.
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. 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.
10.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
F. STREETS
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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 and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
PAGE 10 OF RESOLUTION NO. 2008-23
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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.
5.
All improvements within the pu1Jlic 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.
G. INFRASTRUCTURE
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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.
4.
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.
PAGE 11 OF RESOLUTION NO. 2008-23
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5.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility. No concentrated
drainage shall be permitted to surface flow across sidewalks.
6.
Any portion of the drainage system that conveys runoff from public
streets shall be installed within a dedicated drainage easement or public
street.
7.
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.
8.
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.
9.
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.
10.
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.
11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
H. TRANSPORT A nON AND PARKING
1. Dayspring Preschool shall require all parents making either a drop-off or
pick-up to park their vehicles and walk their children to the appropriate
facility. At no time shall a queue of vehicles waiting for pick-up or drop-
off parking extend into the public right-of-way on San Ramon Valley
Boulevard. .
PAGE 12 OF RESOLUTION NO. 2008-23
2. A stop sign and stop pavement markings shall be installed for the exit
lane at the main access drive-way.
I. MISCELLANEOUS
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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 disposal 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.
Construction BMPs may include, but are not limited to: the confined
storage and handling of construction materials, routine street cleaning,
proper disposal of wastes and debris, painting without
spilling/ discharging into storm drain systems, concrete operations that
utilize designated/ confined clean-out areas, dewatering operations that
remove silt before discharge, pavement operations that utilize/ apply
petroleum products legally and responsibly, vehicle/ equipment cleaning,
maintenance and fueling in designated/ confined areas and stabilization of
construction entrances to prevent tracking of mud off-site. Training of
contractors on BMPs for construction activities is a requirement of this
permit.
PAGE 13 OF RESOLUTION NO. 2008-23
APPROVED by the Danville Planning Commission at a regular meeting on December
9, 2008 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Condie, Nichols, Overcashier, Storer
Combs, Morgan
4&tt!//
Chairman
APPROVED AS TO FORM:
/!!::::}3..~
PAGE 14 OF RESOLUTION NO. 2008-23