HomeMy WebLinkAboutLUP 87-03 FINDINGS AND CONDITIONS OF APPROVAL
LUP 87-3
Diablo Lodge Residential Care Facility
FINDINGS
The Planning Commissioln of the Town of Danville finds that:
The land use permit for Diablo Lodge is not detrimental to
the health, safety and general welfare of the Town;
The proposed land 'use will not cause a nuisance or adversely
affect the orderly development of property along Diablo Road
or the community. The use is compatible with the
institutional uses located across Diablo Road.
The proposed land 'use permit is consistent with and
encouraged in the Danville General Plan Goals and Policies.
The proposed land ~use permit is consistent with the
provisions of the .draft General Plan which supports the
location of these land uses in residential areas when safe
vehicular access and adequate buffering of neighboring
residences can be achieved.
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Granting of this Land Use Permit exhausts the need for
semi-public uses in this immediate area and Similar uses
should be considered only in other locations.
CONDITIONS OF APPROVAL
A. General
The development shall be substantially as shown on the
project drawings labeled Diablo Lodge, as prepared by
Stephen E. Harriman and Associates and marked Exhibit
"C" on file with the Planning Department except as
modified by the following conditions of approval.
The developer shall pay any and all City and other
related fees that the property may be subject to.
These fees shall be based on the current fee schedule
in effect at the time the relevant permit is secured.
Notice should be taken specifically of the City's
Transportation Improvement Program (TIP) fee and the
drainage acreage fee as established by the Flood
Control District.
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The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District and the San
Ramon Valley Unified School District.
If archeological materials are uncovered during any
construction .or pre-construction activities on the
site, all earthwork within 100 feet of these materials
shall be stopped until a professional archeologist
certified by 'the Society of California Archeology
and/or the Society of Professional Archeology has had
an opportunity to evaluate the significance of the find
and to suggest appropriate mitigation measures, if they
are deemed necessary.
Construction .and grading operations shall be limited to
weekdays (Mondays through Fridays) during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the City Engineer.
Health Services Department-Environmental Health
Division approval of plans shall be required for any
proposed food service prior to construction or
installation.
A preliminary soils report prepared by a licensed soils
engineer shall be required as a part of the building
permit application.
A lot merger shall be required prior to application for
a building permit.
The project Shall be limited to a maximum of 127 beds
in the first phase of development.
10.
A demolition permit shall be required for all
structures
on site.
11.
The approved amended Conditions of Approval shall be
recorded prior to issuance of a building permit.
12.
A routine van service for residents shall always be
provided in this Residential Care Facility.
B. Site Planninq
Ail lighting shall be installed in such a manner that
glare is directed away from surrounding properties and
rights-of-way.
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The location of any pad mounted transformers shall be
subject to approval by the Planning Department prior to
the issuance of a building permit. Generally speaking,
such transformers shall not be located between any
street and thee front of a building.
A public trail system shall be provided along the
entire creek frontage. The location of the trail shall
be in accordalnce with the recommendations contained in
the flood con~trol drainage study and be subject to
approval by tlhe Parks and Leisure Services Department.
Landscaping
A final landscaping plan shall be submitted for review
and approval by the Planning Department prior to the
issuance of a building permit.
Ail plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growilng condition.
Ail trees shall be a minimum of 15 gallon container
size and properly staked. Shrubs not used as ground
cover shall be a minimum of 5 gallons is size.
Ail landscaped areas not covered by shrubs and trees
shall be planted with live ground cover.
Ail existing trees on the site, especially along Green
Valley Creek, shall be preserved to the extent
practicable: removal will be allowed only upon written
approval of the Planning Department as indicated on
final plans. Tree removal will be evaluated by the
Planning Department in conjunction with the
recommendations contained in the drainage study for the
channel.
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The design and height of the proposed perimeter wall
shall be subject to review and approval of the Design
Review Board.
D. Architecture
Ail 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 structure(s). The highest point of any
roof mounted equipment shall not extend above the top
of the equipment well.
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Ail trash and refuse shall be contained within
enclosures architecturally compatible with the main
structure(s). Enclosure design shall include six (6)
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. Refuse pick-up
shall be limited to the hours of 9 a.m. - 5:00 p.m.
The street nulmber(s) of the building(s) shall be posted
so as to be easily seen from the street at all times,
day and night.
If signing for the development is desired, a
comprehensive sign program shall be submitted to the
City for consideration under a separate application.
Prior to the issuance of a building permit, samples of
final colors and materials selected shall be submitted
to the Planning Department for review and approval.
The north/south corridor on the west end of the project
shall be enlarged and enhanced to create a sunroom and
the design shall be subject to approval by the Design
Review Board.
The six proposed units at the southeast corner of the
project shall not be built in the first phase of
development. After one year of operation, the need for
additional parking will be assessed by the Chief of
Planning. If additional parking is determined to be
necessary, the project developer shall construct
additional parking spaces to meet a 1:2.5 parking ratio
(1 space per 2.5 beds). If additional parking is
required, the developer may be allowed up to a 10%
double occupancy rate for the facility.
The kitchen shall be equipped with the best available
filtering system to eliminate or minimize the impact of
smoke and odor upon the nearby residential area. Such
devices shall be reviewed and approved by staff prior
to issuance of a building permit.
The building shall be equipped with quick response
sprinkler heads, and Class B roofing materials and
other Fire District requirements.
E. Parking
Ail parking spaces shall be striped 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.
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Where authorized, compact car spaces shall be clearly
designated with appropriate pavement marking or
signage. Compact spaces shall be no less that 8 feet
by 16 feet in size including allowable overhang.
F. Grading
Any grading oln adjacent properties will require written
approval of tlhose property owners affected.
Areas undergoing grading, and all other construction
activities shall be watered, or treated with other dust
control measures to prevent dust. These measures shall
be approved by the City Engineer and employed at all
times as conditions warrant.
Streets
The developer shall obtain an encroachment permit from
the Engineerilng Department prior to commencing any
construction .activities within any public right-of-way
or easement.
Ail street signing shall be installed by the developer
as required by the City. This shall include, but is
not necessarily limited to "Stop," "No Parking," "Not a
Through Street," and street name signs. Traffic signs
and parking restriction signs shall be approved by the
Police Department. "No Parking" and "No Stopping" signs
shall be installed along the north side of Diablo Road.
The developer shall keep adjoining public streets free
and clean of project dirt, mud, materials and debris
during the construction period, as is found necessary
by the City Engineer.
Curb returns and handicapped ramps shall be provided
and located at the intersections of Diablo Road with
Matadera Way and Hill Road and as required by the City
Engineer.
Diablo Road shall be constructed to Town standards
including the installation of 64 foot curb to curb
width of matching paving, curb and gutter, 4.0 foot
wide sidewalk, street lights as required by the City
Engineer.
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10.
11.
12.
13.
14.
Diablo Road right-of-way shall be widened from its
existing 25 foot north of centerline to 36.50 feet
north of centerline with an abutting 5.0 foot wide
public utility easement.
A 4.0 foot wide sidewalk shall be installed along the
easterly side of Matadera Way across the subject site
frontage and .across the Green Valley Creek bridge.
Ail sidewalk proposed outside the public right-of-way
will require a public access easement.
Matadera Way right-of-way shall be widened from the
existing 21.0 feet easterly of centerline to 24.50 feet
plus a 5.0 foot wide public utility easement.
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 developer. This
shall include slurry seal, overlay or street
reconstruction if deemed warranted by the City
Engineer.
Ail required public improvement plans shall be prepared
by a registered civil engineer.
An appropriate sight distance triangle shall be
maintained at the project entrance.
The City Engineer shall have the authority to limit the
entrance/exit to the project to a right turn in/right
turn out only if future traffic volumes on Diablo Road
warrant it.
The developer shall pay a fee not to exceed $6,800 per
equivalent residential dwelling unit towards off site
traffic mitigation improvements. This fee shall be
determined by the city Engineer and based on average
daily trips generated by the project. This fee shall
be collected prior to issuance of any building permits
and the amount shall be based on an equitable
distribution of the total improvement costs among other
developments in the vicinity including but not limited
to the Warmington/Rassier and Magee Diablo Ranch
projects. All funds collected shall be applied to the
following projects:
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Widening of Diablo Road between E1 Cerro Boulevard
and Green Valley Road.
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Widening of Diablo Road between Camino Tassajara
and E1 Cerro Boulevard.
Widening of E1 Cerro Boulevard between 1-680 and
Diablo Road.
Installation of traffic signals and associated
intersection modifications at the intersections of
Diablo Road/E1 Cerro Boulevard and Diablo
Road/Green Valley.
Infrastructure
Water supply service shall be provided by the East Bay
Municipal Utility District in accordance with the
requirements .of the District.
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Sewer disposal service shall be provided by the Central
Contra Costa .Sanitary District in accordance with the
requirements of the District. All abandoned septic
tanks and wells shall be destroyed per Health Services
Department requirements.
Drainage facilities and easements shall be provided to
the satisfaction of the city Engineer and/or the Chief
Engineer of tlhe Contra Costa County Flood Control
District.
Ail storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest appro~ved downstream facility.
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The developer shall mitigate the impact of additional
stormwater runoff from this development on the San
Ramon Creek watershed by either of the following
methods:
Removing 1 cubic yard of channel excavation
material from the inadequate portion of San Ramon
Creek near Chaney Road for each 50 square feet of
new impervious surface area created by the
development. All excavated material shall be
disposed of offsite by the developer at his cost.
The site selection, land rights, and construction
staking will be by the Flood Control District.
OR, AT THE OPTION OF THE DEVELOPER,
Contribute to the County Deficiency Development
Fee Trust (Fund No. 812100-0800) a drainage fee of
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11.
12.
13.
$0.10 per square feet of new impervious surface area
created by the development. Within 12 months of
receipt of the contribution, the Flood Control District
will use the imonies to implement the subject
improvements. The added impervious surface area
created by the development will be based on the Flood
Control District's standard impervious surface area
ordinance. Based on the ordinance, the cost would be
$2,950 per acre.
Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain facility,
or as approved by the City.
Roof drains slhall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe.
Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways.
Any portion of the drainage system that conveys runoff
from public streets shall be installed within a
dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement
between lots, the easement width shall be equal to or
at least double the depth of the storm drain.
The developer shall comply with all relevant
requirements of the Department of Fish and Game.
The developer 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.
Ail utilities required to serve the development shall
be installed underground. All existing utilities shall
be relocated as required.
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14.
A flood control drainage Study shall be completed for
the Green Valley Creek watershed prior to issuance of a
building permit for the project. If the study has not
been completed prior to building permit application,
the developer shall fund the study. The developer may
request reimbursement through the establishment of a
reimbursement district from all contributing
development projects. The developer shall complete the
recommended clhannel improvements contained in the study
and as specified by the City Engineer and Planning
Director.
Approved by the Town of Danville
Planning Commission on August 10, 1987
of the Plannt~g Commission
~npl
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EXHIBIT D
NEGATIVE DECLARATION
LEAD AGENCY:
Town of Danville
NAME OF PROJECT:
LUP 87-3; Diablo Lodge
PROJECT DESCRIPTION:
129 room Residential Care Facility for
the elderly.
ENVIRONMENTAL EFFECTS:
1. Additional runoff from project may
cause a potential flooding problems along
Green Valley Creek.
2. Modifications to the creek for flood
control purposes may change the habitat
for fish and game.
3. Additional traffic from what presently
exists will result from any planned
development of the site.
MITIGATION MEASURES:
1. A flood control study of the Green
Valley Creek watershed shall be required
prior to issuance of a building permit.
The developer shall comply with the
recommendations of that study, related to
this project.
2. The developer shall comply with the
Department of Fish and Game requirements.
3. A soils report shall be required prior
to issuance of a building permit. The
developer shall comply with the
recommendations of that study.
4. Frontage improvements along Diablo
Road and participation in area wide off
site traffic mitigation shall be
required.
DETERMINATION:
Negative Declaration
The initial study was prepared by the Planning Department, Town
of Danville. Copies of the initial study may be obtained at the
Town offices located at 510 La Gonda Way, Danville, California.
ATTEST:
Joseph A. Calabrigo, Chief of Planning
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