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HomeMy WebLinkAbout91-41 EXIIIBIT A RESOLUTION NO. 91-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING FINAL DEVELOPMENT PLAN REQUEST DP 91-33 AND LAND USE PERMIT REQUEST LUP 91-26 TO CONSTRUCT AN 8,540+ SQUARE FOOT CHILD CARE CENTER AND A 12,380+ SQUARE FOOT PRIVATE ELEMENTARY SCHOOL AT 100 CENTER COURT V~-IEREAS, James and Becky Ahlquist (Applicants) and Signature Properties (Owners) have requested approval of a Development Plan (DP 91-33) and a Land Use Permit (LUP 91-26) to construct an 8,540 + square foot child care center and a 12,380+ square foot private elementary school on a 3+ acre site; and WHEREAS, the subject property is located at 100 Center Court and is identified as Assessor's Parcel Number 206-010-043 and a portion of 206-010-042; and WHERF~S, Assessor's Parcel Number 206-010-043 was created as part of Subdivision 7480 (Parcel J) and designated for a child care land use; and WHERF~S, a lot line adjustment was approved by the Town to increase the size of Parcel J from 2+ acres to 3+ acres; and WI-IERF~S, on September 17, 1991, Town Council approved a General Plan Amendment designating this parcel for Public and Open Space - Public and Semi-Public use; allowing a limited range of uses including child care, school, church or quasi-public uses; and WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance requires approval of a Development Plan and a Land Use Permit for a child care center and an elementary school; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are anticipated to be associated with the project; and XVHERF~S, the public notice of this action was given in all respects as required by law; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on September 24, 1991; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing. PAGE ! OF RESOLUTION NO. 91-41 NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves Final Development Plan request DP 91-33, per the conditions contained herein,and makes the following findings in support of said approval: The proposed project is consistent with comprehensive goals contained within the Danville 2005 General Plan. General Plan Policy 7.10 encourages development of quality child care in conjunction with park, private common areas and church facilities which are allowed uses in the Public and Open Space - Public - Semi Public land use designation. The proposed development will not adversely affect the preservation of aesthetics and other community qualities. 3. The proposed development is in conformance with all applicable zoning requirements. The proposed development will not adversely affect the quality of life within existing developed areas of the community. BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville approves Land Use Permit request LUP 91-26, per the conditions contained herein, and makes the following findings in support of said request: The use will not be detrimental to the health, safety and general welfare of the Town° 0 The use will not adversely affect the orderly development of property within the Town° ° The use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The use will not adversely affect the policy and goals as set by the General Plan. o The use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The use will not encourage marginal development in the neighborhood. BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville makes the following findings in support of the adoption of the Negative Declaration of Environmental Significance: The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment Study fully discussed potential impacts associated with development of the Tassajara Ranch Planned Unit Development, satisfying the requirements of PAGE 2 OF RESOLUTION NO. 91-41 the California Environmental Quality Act, based on the following specific findings. ao Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors 85/133 and Planning Commission Resolution 47-1984 (SR) (which jointly served to establish mitigation measures for impacts associated with the development of the project), and bo Pursuant to those mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigation measures which will be incorporated into the project, and Co Use of the prior EIR as a "program EIR" is appropriate based on the following: (1) Feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment Study have been incorporated; (2) there has not been substantial changes with respect to the circumstances under which the project was initially reviewed which would require important revisions of the prior EIR; and (3) no new information of substantial importance to the project has become available which would require an additional or supplemental EIR. 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 permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for an 8,540+ square foot child care center and a 12,380+ square foot private elementary school identified as Assessor's Parcel Number 206-010-043 and a portion of 206-010-042. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a0 Site Plan, roof plan and floor plans consisting of four sheets labeled "The Nurturing Place, The Redwoods Academy", prepared by Harley E.Jensen, Architect and dated received by the Planning Division August 27, 1991. PAGE 3 OF RESOLUTION NO. 91-41 o o Architectural elevations consisting of three sheets labeled "The Nurturing Place, The Redwoods Academy", prepared by Harley E.Jensen, Architect and dated received by the Planning Division August 27, 1991. Co Preliminary landscape plan consisting of a single sheet labeled "The Nurturing Place, The Redwoods Academy", prepared by Koch and Sakai Landscapes, dated received by the Planning Division on August 27, 1991. The applicant shall obtain a license from the Community Care Licensing Depat:ctnent. This Development Plan and Land Use Permit shall expire within two years from this approval date. The approval period may be extended (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Planning Commission upon determination that the Conditions of approval remain adequate. The applicant shall give enrollment preference to local residents in the Sycamore Valley area. Documentation of enrollment shall be provided to the Planning Division annually prior to the anniversary date of initial occupancy. This approval is for a maximum enrollment of 160 children in the child care center and a maximum enrollment of 160 children in the elementary school. Parent participation events shall not be scheduled for both facilities at the same time. Events shall be staggered or held on different days to accommodate parking on-site. Both facilities shall be provided with an approved manual fire alarm system determined to be acceptable to the San Ramon Valley Fire Protection District. The applicant shall diligently pursue the necessary right-of-entry from the Meridian Place Homeowner's Association for the annual weed abatement of the open space surrounding the property and construction of a pedestrian walkway to the Meridian Place subdivision. Documentation of the right-of- entry shall be submitted to the Planning Division prior to issuance of the building permit. PAGE 4 OF RESOLUTION NO. 91-41 10. 11. 12. 13. 14. 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 drainage acreage fees as established by the Contra Costa County Flood Control District. Prior to the issuance of grading or building permits, the ddveloper 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 applicant shall submit to the Town of Danville fees required to file a Notice of Detecniination for this project as required by AB 3158. The fee is $25.00 based on a finding of no significant impact on fish or wildlife resources. 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 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. 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, tifle, phone number and area of responsibility. The person responsible for maintaining PAGE 5 OF RESOLUTION NO. 91-41 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. Bo SITE PLANNING Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties and rights-of-way and shall be subject to review and approval by the Police Department prior to the issuance of building permits. Lighting used after daylight hours shall be adequate to provide for security needs. Wall lighting around the entire perimeter of the buildings shall provide '~ash" security lighting. The number, height, level of illumination, and location of all exterior lights, landscape, and the parking lot shall be subject to review and approval by the Design Review Board prior to the issuance of building permits. 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. Co 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. * 2. * 3. * 4. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing 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 ground cover. PAGE 6 OF RESOLUTION NO. 91-41 o Plant selection shall emphasize drought tolerant native species. A maximum of 25% of the landscaped area exclusive of the play field in the elementary school shall be turf, unless otherwise authorized by East Bay Municipal Utility District. D. ARCHITECTURE A fencing plan shall be submitted to the Design Review Board for review and approval prior to the issuance of a building permit. The final building materials and colors shall be approved by the Design Review Board. The proposed child care and elementary school shall meet all applicable building code requirements. o On site project signing shall be reviewed and approved by the Planning Division. 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. o All trash and refuse shall be contained within enclosures architecturally compatible with the main structure. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates, unless otherwise authorized by the Planning Division. Gates shall be self-closing and self-latching. * 6. The street number of the building shall be posted so as to be easily seen from the street at all times, day and night. E. PARKING Maximum occupancy of 160 children in the day care shall require provision of two additional on-site parking spaces. o The applicant shall encourage child care and elementary school staff to use the parking stalls along the east property line. All parking spaces shall be striped and provided with wheel stops unless they are adjacent to concrete PAGE 7 OF RESOLUTION NO. 91-41 curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Continuous 6" curb or a planter median shall be installed in the parking lot to define drive aisle movements. The bollards indicated on the plan submitted shall be deleted. The applicant shall install and maintain a sign at the curb drop-off area indicating that unattended vehicles are prohibited from parking in the drop- off area. 0 The operator of the facility shall encourage patrons of the both the facilities to participate in carpools and other methods of reducing traffic congestion by keeping a current address list of patrons available. Upon request by the Planning Division, the operator shall provide documentation as to the manner that patrons are encouraged to participate in carpools, etc. The parking lot design including restriping for additional compact spaces shall be approved by the Chief of Planning prior to building permit issuance. * 7. 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. F. GRADING * 1. Any grading on adjacent properties will require prior 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. * 3. 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 laroject specific soils report shall be incorporated into the design of this project. PAGE 8 OF RESOLUTION NO. 91-41 * 4. 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 City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. G. STREETS o * 5. * 6. * 7. * 8. If this development proceeds prior to the construction of The Village at Tassajara shopping center, the developer of the child care and elementary school shall be responsible for installation of the curb, gutter, sidewalk, storm drainage, sewer connection, and the private road connecting Center Court prior to issuance of a building permit. The improvement shall be consistent with the improvement plans developed by David B.Hop, Civil Engineer, for the shopping center located on Parcel "A" of MS 856-88. The applicant shall be responsible for installing and painting the crosswalks yellow at the intersection of Heritage Park Drive and Center Way and for providing appropriate signing, to the satisfaction of the Transportation Division. Any off-site signs reqdire separate approval from the Planning Division. The developer shall obtain an encroachment permit from the Engineering Division 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 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 PAGE 9 OF RESOLUTION NO. 91-41 0 10. 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. 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. II. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 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. 0 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. PAGE 10 OF RESOLUTION NO. 91-41 Any portion of the drainage system that conveys runoff from public sweets 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 width of the easement shall be equal to, or at least double, the depth of the stocni drain. 10. 11. 12. 13. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 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. All utilities required to serve the development shall be installed underground. All public improvement plans shall be prepared by a licensed civil engineer. 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. o 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 PAGE 11 OF RESOLUTION NO. 9141 for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. APPROVED by the Danville Planning Commission at a regular meeting on September 24, 1991 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Chief of ~g APPROVED AS TO FORM: Arnerich, Hughes, Hunt, Murphy, Osborn, Vilhauer Wright Chair~tn )/ pabz6 PAGE 12 OF RESOLUTION NO. 91-41