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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. e 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. lC 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. 2C Ce 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. e 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. 3C 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. 4C Go 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. 5C Se 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: ae Widening of Diablo Road between E1 Cerro Boulevard and Green Valley Road. 6C He be 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. · 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. Se 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 7C e 10. 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. 8C 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 9C 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 9C