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HomeMy WebLinkAbout90-09RESOLUTION NO. 90-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 89-34, LAND USE PERMIT REQUEST LUP 89-24, AND VARIANCE REQUEST VAR 89-39 FOR A 15,800 SQUARE FOOT RELIGIOUS CENTER WHEREAS, Peace Lutheran Church requests approval of Development Plan, Land Use Permit, and Variance applications for a 15,800 square foot religious center including sanctuary, fellowship hall offices, and classrooms on a 3.12 acre site; and WHEREAS, the subject site is located on the east side of Diablo Road, approximately 160 feet west of the McCauley Road at 1027 Diablo Road; and WHEREAS, the R-15; Single Family Residential District of the Town of Danville Zoning Ordinance requires approval of a Development Plan and Land Use Permit for a church in the District; and WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant impacts are anticipated to be associated with this project; WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 27, 1990; and WHEREAS, a staff report was submitted recommending that 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 Development Plan DP 89-34, Land Use Permit LUP 89-24, and Variance VAR 89-39 per the conditions contained herein, and makes the following findings in support of the respective applications: io Development Plan 1. The proposed development is consistent with Danville 2005 General Plan. 2. The proposed development will constitute an environment of sustained desirability and will be in harmony with the character of the surrounding neighborhood and community. .-. Page 1 of Resolution No. 90-9 o Co ° The proposed development is consistent with the R-15; Single Family Residential Zoning District with the exception of the variances contained herein. Land Use Permit The proposed development will not be detrimental to the health, safety, and general welfare of the Town. The proposed development will not adversely affect the orderly development of property within the Town. The proposed development will not adversely affect the preservation of property values and the protection of the tax base within the Town. The proposed development is in conformance with the goals and policies of the 2005 General Plan. Churches are an allowed use within areas designated for Public Semi-Public use. The proposed development will not create a nuisance or enforcement problem within the neighborhood or the Town. The proposed development will not encourage marginal development within the neighborhood. The following special conditions or unique characteristics exist on the subject property warranting approval of the land use permit: a. The previous use on the site, established in 1964, was a religious facility. b. The development is compatible with the adjacent elementary school to the west and the fire station to the east; all public/semi-public uses. Variance The proposed variances authorized does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the Single Family Residential District in which the subject property is located. a. The cupula element provides an architectural feature which improves the aesthetic appearance of the building. b. The concrete wall serves to buffer the proposed parking lot from the McCauley Road streetscape and improves the aesthetic appearance of the site. The variances authorized substantially meet the intent and purpose of the R-15; Single Family Residential District in which the subject property is located. Page 2 of Resolution No. 90-9 CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to issuance of a building permit for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL This approval is for a 15,800 square foot religious facility on a 3.12 acre site. The site is identified as Assessor's Parcel Number 202-081-003 at 1027 Diablo Road. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan and Architectural Drawings prepared by E. Paul Kelly AIA consisting of four sheets dated received on February 12, 1990 by the Planning Department. bo Preliminary Landscape Plan prepared by Robert M. Babcock dated received on February 12, 1990 by the Planning Department. The developer shall pay any and all Town 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 permits are secured. Notice should be taken specifically to the Northeast Road Improvement District and the drainage acreage fees as established by the Contra Costa County Flood Control District. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been or will be met. The Fire District's initial comments on this project are summarized in part within their letter of November 8, 1989 pertaining to this project. (Exhibit F of the February 27, 1990 staff report) 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, the Town Planning Department 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 they are deemed necessary. Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment shall be limited Page 3 of Resolution No. 90-9 Co 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The location and design of the parking lot light standards shall be subject to review and approval by the Planning staff prior to issuance of a building permit. The light standards shall not exceed 16' in height. The intensity of exterior lighting shall be subject to review and approval by the Planning Department after installation to assure that lighting levels are not excessive. o 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 the front of a building. The drop-off area at the church entrance shall be modified to maintain a minimum distance of 25' from the raised planter to the curb and a minimum straight linear length of 50' to provide drop off function (see staff study) Directional arrows, signage and curb painting shall be installed to delineate the area circulation. This plan shall be reviewed and approved by the Transportation Manager. To provide safe vehicular egress, the McCauley Road driveway shall not exceed a maximum slope of 12%. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Department. 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. All irrigation and landscaping shall be installed prior to issuance of an occupancy permit. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All 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. Page 4 of Resolution No. 90-9 All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval fi.om the Planning Department. The Lombardy Popular (Populus nigra 'Italica') and the Silk Oak (Grevillea Robusta) are authorized for removal as part of this development plan permit. Landscaping treatment along the Diablo Road frontage shall be of an intensity, planting palette and general design which is compatible with the Danville Streetscape Beautification Guidelines. The street trees designated for use along Diablo Road are 24" box Pistacia Chinensis, planted 20' on center. Plans and specifications for the concrete wall surrounding the site shall be subject to review and approval by the Planning Department prior to issuance of a building permit for the church. The wall shall be double faced along the McCauley Road frontage and northern most 100' of the western boundary. The maximum height of the wall shall not exceed 6' except along the McCauley frontage, the maximum height is limited to 5'. ARCHITECTURE 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 structure. The highest point of any roof mounted equipment shall not extend above the top of the equipment well. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure. Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and wood bolted to the gates, unless otherwise authorized by the Planning Department. Gates will be self-closing and self-latching. The design shall be subject to review and approval by the Planning Department. The street number of the building 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, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate Sign Review application. Page 5 of Resolution No. 90-9 E0 Plans and specifications for any interior fencing shall be reviewed and approved by the Planning Department in cooperation with the final landscape plan. 6. Final colors and materials have been approved and are as follows: Colors Siding - Fuller - O'Brien "Abode Hacienda" G-52 Trim - Fuller O'Brien "Kirkwood" Materials Siding - 3/4" x 8" Redwood Cove Shiplap Siding (See Detail 1 approved by Design Review Board November 20, 1989) Roofing - Elk Asphalt Shingles 360 Weight "Antique Slate" Cupula Roofing - Bronze or tarnished copper Any change in materials will require review and approval by the Planning Department. PARKING 103 parking spaces shall be provided on site. All 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. 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. ° The applicant and the San Ramon Valley Unified School District shall record a covenant to provide a reciprocal parking agreement on the two parcels (APN: 202-081-003 and 202-081-001). The Town of Danville shall be names as a third party to this agreement to asure any modifications to the agreement will require Town approval. The wording of the covenant shall be reviewed and approved by the City Attorney and the document shall be recorded prior to issuance of a building permit on the subject parcel. GRADING Any grading on adjacent properties will require written approval of those property owners affected. Page 6 of Resolution No. 90-9 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 Chief Building Official and employed at all times as conditions warrant. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. 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 Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. STREETS The developer shall ol3tain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Department. 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. Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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. Page 7 of Resolution No. 90-9 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. o 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 District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o 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 shall 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 shall be equal to or at lease double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 11. 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City 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. 12. All utilities required to serve the development shall be installed underground. Page 8 of Resolution No. 90-9 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek and the Green Valley Creek watershed by either of the following methods: ao 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. Ail excavated material shall be disposed of offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, bo Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. The total contribution amount is $25,646.40 Within 12 months of receipt of the contribution, the Flood Control District will use the monies 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. MISCELLANEOUS 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. ° Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. Ail costs associated with such acquisition shall be borne by the developer. It is anticipated that the applicant may enter into a agreement with the Page 9 of Resolution No. 90-9 Town of Danville to lease the playfield to the Town. If an agreement is secured, minor revisions to the site plan deleting the concrete wall between the subject parcel and the adjacent Green Valley School site and relocating the trees to the north edge of the playfield, shall be approved. If the applicant retains control of this area, it shall be irrigated and seeded prior to occupancy of the church. 0 The applicant shall diligently pursue establishment of a day care facility on- site to the greatest extent practicable. PASSED, APPROVED, AND ADOPTED THIS 27th day of February, 1990 by the following vote: AYES: Hughes, Hunt, Hirsch, Vilhauer, Frost NOES: ABSTAIN: ABSENT: Hendricks, Wright Chairman City Attorney Page 10 of Resolution No. 90-9