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HomeMy WebLinkAbout91-21RESOLUTION NO. 91-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING THE CONSTRUCTION OF PHASE II OF THE MESSIAH LUTHERAN CHURCH CONSISITNG OF A DETACHED 2 STORY BUILDING APPROXIMATELY 4,785 SQUARE FEET IN SIZE AT 2305 CAMINO TASSAJARA ROAD WHEREAS, Messiah Lutheran Church (Owner) and Ross Architectural Group (Applican0 have requested approval of Phase II of the Messiah Lutheran Church consisting of a detached 2 story building approximately 4,785 square feet in size on a + 5 acre site; and WHEREAS, the subject site is located at 2305 Camino Tassajara Road and is identified as Assessor's Parcel Number 202-100-024; and WHEREAS, the Town of Danville P-l; Planned Unit District Ordinance requires approval of a Land Use Permit and Development Plan; and WHEREAS, the project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA); and a Notice of Exemption has been prepared for this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 9, 1991; 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 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 Land Use Permit and Development Plan requests (LUP 91-12 & DP 91-18) per the conditions contained herein, and makes the following findings in support of the respective applications: PAGE 1 OF RESOLUTION NO. 91-21 0 Land Use Permit The proposed education building will not be detrimental tO the health, safety and general welfare of the Town. The education building will not adversely affect the orderly development of property in Town. The proposal will not adversely affect the preservation of property values and the preservation of the tax base within the Town. The proposed development is in conformance with the goals and policies of the Danville 2005 General Plan. Churches and accessory buildings are an allowed use within areas zoned Planned Unit District. The facility will not create a nuisance and/or enforcement problem within the district. B0 Development Plan The proposed development.will not encourage marginal development in the area. The proposed development is consistent with the Danville 2005 General Plan. The proposed development will constitute an environment of sustained desirability and will be in harmony with the character of the surrounding neighborhood and community. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior issuance of building permit for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL 1. This approval is for tile Phase II of the Messiah Lutheran Church consisting PAGE 2 OF RESOLUTION NO. 91-21 o o o Ge of a Sunday school/education building identified as 2305 Camino Tassajara Road (APN: 202-100-024). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; no Site plan, floor plans, elevations and landscape plan as shown on the project drawings labeled "Second Phase Building Messiah Lutheran Church", as prepared by "The Ross Architectural Group", dated received by the Planning Division April 22, 1991. 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 of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee 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 to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter dated 5/7/91. 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 $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. 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 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 they are deemed necessary. All construction and grading operations, including delivery of materials and warming Ula of machinery, shall be limited to weekdays (Mondays through PAGE 3 OF RESOLUTION NO. 91-21 0 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. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. 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 and to the homeowner associations of nearby residential projects that construction work will commence. The notice shall include a list of contract 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. All physical improvements shall be in place prior to occupancy. 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 Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. Bo SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 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. PAGE 4 OF RESOLUTION NO. 91-21 Co LANDSCAPING The applicant shall install and complete all landscaping along Camino Tassajara and have the improvements accepted by the Town of Danville per the Conditions of Approval of LUP 86-4 & DP 86-4 (Phase I) of the project prior to issuance of any building permits for Phase II of the project. o Final Landscape and Irrigation Plans for Phase II (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 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. 0 All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 0 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. 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(s). 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 haain structure(s). Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and PAGE 5 OF RESOLUTION NO. 91-21 wood bolted to the gates. Gates will be self-closing and self-latching. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. If additional signing for the development is desired, a comprehensive sign program shall be submitted to the City for consideration under a separate application. go Fo PARKING 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. GRADING Any grading on adjacent properties will require written approval of those 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 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 PAGE 6 OF RESOLUTION NO. 91-21 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 obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. o 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. o 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. o 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. 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 standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. PAGE 7 OF RESOLUTION NO. 91-21 Ho 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, unless approval is secured to utilize a private sewage disposal system. 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. 0 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. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Depa~:isnent 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 temporat9 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. PAGE 8 OF RESOLUTION NO. 91-21 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 setwe the development shall be installed underground. 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 watershed by either of the following methods: a0 Removing I 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, UPON WRITI~N REQUEST BY THE DEVELOPER, b. Provide for a cash payment in lieu of actual excavation and removal of material from the inadequate portion of San Ramon Creek near Chaney Road. The cash payment will be calculated at a rate of $0.10 per square feet of new impervious surface area created by th2e development. 'The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. I. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on July 9, 1991 by the following vote: PAGE 9 OF RESOLUTION NO. 91-21 AYES: NOES: ABSTAINED: ABSENT: Chief~Planning Arnerich, Hughes, Hunt, Murphy, Osborn, ¥ilhauer, Wright APPROVED AS TO FORM: pabz2 PAGE 10 OF RESOLUTION NO. 91-21