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HomeMy WebLinkAbout91-36 EXHIBIT A RESOLUTION NO. 91-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 91-15, DEVELOPMENT PLAN DP 91-23 AND TREE REMOVAL PERMIT TR 91-03 ALI.OWING THE CONSTRUCTION OF A 3,900 +/- SQUARE FOOT CHURCH ADDITION AND THE REMOVAL OF THREE OAK TREES WI-IERFAtS, First Church of Christ, Science has requested approval of a Land Use Permit, Development Plan and Tree Removal Permit to allow the construction of a 3,900 +/- s.f. addition to an eMs.ting church facility and for the removal of three Oak trees on a 1.6 +/- acre site; and WHEREAS, the subject site is located on the south side of Danville Blvd., at 650 Danville Blvd. and is identified as Assessor's Parcel Numbers 200-100-024 & 200-100-025; and WHEREAS, the Town of Danville R-20; Single Family Residential Ordinance requires approval of a Land Use Permit for the establishment or intensification of a church facility; and WHERF~S, the Town of Danville Tree Protection Ordinance (Ord. No. 138) requires approval of a Tree Removal Permit for the removal of protected trees greater than ten inches in diameter measured three feet above the natural grade; and WHEREAS, the Town's Design Review Board did review the architecture of the proposed addition at their meeting of June 26, 1991; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 23, 1991; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHERF~S, 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; PAGE 1 OF RESOLUTION NO. 91-36 NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves the Land Use Permit .and Tree Removal Permit per the conditions contained herein, and makes the following findings in support of the Land Use Permit and Development Plan: The proposed land use and development will not be detrimental to the to the health, safety, and general welfare of the Town. 0 The land use and development will not adversely affect the orderly development of property within the Town. o The land use and development will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use and development will not adversely affect the policy and goals as set by the General Plan. o The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. The land use and development will not encourage marginal development within the neighborhood. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville makes the following findings in support of the Tree Removal Permit: RemoVal of the trees are necessary for the reasonable use and enjoyment of the property. Removal of the trees will not have an adverse effect upon soil erosion or divert or increase the flow of surface waters. Because of the number, species, size and location of other protected trees in the area, the proposed tree removal will not have an adverse effect upon shade, privacy, or scenic beauty. o Conditions of Approval will serve to assure the long term health of other protected trees in the area. PAGE 2 OF RESOLUTION NO. 91-36 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a 3,900 +/- square foot church addition identified as First Church of Christ, Science, located at 650 Danville Blvd. Development shall be substantially as shown on the project drawings labeled "Addition to Church", dated received by the Planning Division on August 3, 1991, except as may be modified by conditions contained herein. 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. 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 and the San Ramon Valley Unified School 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 of June 5, 1991. o The applicant shall submit to the Town of Danville fees required to file a Categorical Exemption with the County Clerk as required by AB 3185. The fee shall be $ 25.00 o 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. PAGE 3 OF RESOLUTION NO. 91-36 Construction and grading operations, including delivery of materials and warming up of machinery, 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Building construction activity, including 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. Any construction related activities occurring outside of the above specified hours shall not be audible from surrounding properties. o 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. 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 of any pad mounted transformers shall be subject to approval by the Planning Division 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. Prior to issuance of building permits for the church addition, a lot merger between the two church owned parcels, Accessor's Parcel Numbers 200-100- 024 and 200-100-025, shall be Recorded. PAGE 4 OF RESOLUTION NO. 91-36 C. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"--20' scale) shall be submitted for review and approval by the Planning Division. 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 landscaped areas not covered by shrubs and trees shall be planted with live ground cover. o Except as approved herein, all trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. o Three Oak trees located within the footprint of the proposed building with trunk diameters of 8" & 10", 9" & 10" and 13", as indicated on the project plans, are authorized for removal. Prior to any grading or issuance of building permits, an Arborist's report recommending mitigation measures for the long term survival of protected trees, for which grading within the dripline will occur, shall be submitted for approval by the Planning Division. Mitigation may include modifications to the design of the covered walkway at the north side of the addition. Due to the proposed construction within the driplines of protected trees, a tree protection bond in the amount of $5,000, as required by the Town's Tree Protection Ordinance (Ord. No. 138), shall be submitted to the Planning Division prior to any earth work on the site. The bond will be released to the developer upon verification of the continued health of the trees after two full growing seasons. 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 PAGE 5 OF RESOLUTION NO. 91-36 main structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. o All 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. A trash enclosure will only be required if trash dumpsters are kept on site. 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 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 Town for consideration under a separate application. Colors and materials shall be compatible with the existing building. The roof shall be a brown/grey color to match the existing shake roof and the proposed red trim on the building shall be subdued in nature and compatible with the building and its surroundings. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. 6. All proposed exterior columns shall be a minimum of 12"x12" in size. If, in the future, the existing building is modified, the roof material of the existing building shall be changed to be a similar material as the new addition. Any new roofing for the existing building shall be submitted for review and approval by the Planning Division. Details of the six foot high masonry wall, to be constructed at the north. entrance to the building, shall be submitted for review and approval by the Planning Division. 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. PAGE 6 OF RESOLUTION NO. 91-36 Fo Go 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. o 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. o 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 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. 4. Handicapped ramps shall be provided and located as required by the City PAGE 7 OF RESOLUTION NO. 91-36 Ho Engineer. 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. This development shall enter into a Deferred Improvement Agreement to install curb and gutter, paving, sidewalk, drainage facilities and street lighting along the Danville Boulevard frontage. The improvements shall be installed at such time as warranted by the City Engineer in conjunction with improvements being installed abutting this property. A "Right Turn Only" sign (State standard R41R) shall be placed near the northern most exit. Exact location and need shall be subject to review and approval by the Town Transportation and Engineering Divisions. 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. o All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. Off-site drainage flows shall be intercepted at the project boundary via an PAGE 8 OF RESOLUTION NO. 91-36 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. o 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 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 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. 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: 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 off-site 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, PAGE 9 OF RESOLUTION NO. 91-36 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. 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 * 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 August 27, 1991 by the followifig vote: AYES: NOES: ABSTAINED: ABSENT: Hughes, Hunt, Murphy, Vilhauer Arnerich, Osborn, Wright Chief of P~ng ~ity Attorney pdcz23 PAGE 10 OF RESOLUTION NO. 91-36