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HomeMy WebLinkAbout92-01 EXHIBIT A RESOLUTION NO. 92-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF THE PRELIMINARY AND FINAL DEVELOPMENT PLAN - REZONING REQUEST ALLOWING THE CONSTRUCTION OF A 24,115 SQUARE FOOT 40 UNITS RESIDENTIAL CARE SENIOR HOUSING FACILITY WHEREAS, Fred and Nell Stamm have requested approval of a Preliminary and Final Development Plan - Rezoning application to rezone a .79 +/- acre site from P-l; Planned Unit Development District to P-l; Planned Unit Development District allowing the site specific development of a 40 unit (44 beds maximum) residential care senior housing facility; and WHEREAS, the subject site is located on the northeast corner of Camino Tassajara and Tassajara Lane, and is identified as Assessor's Parcel Number 215-090-013; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary and Final Development Plan - Rezoning request prior to establishing zoning allowing the site specific use; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 25, 1992; 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 Planning Commission approve the request; and WHERF~S, 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 recommends the Town Council grant a Mitigated Negative Declaration of Environmental Significance and approve the Preliminary and Final Development Plan - Rezoning request PUD 91-02 per the conditions contained herein, and makes the following findings in support of the Preliminary and Final Development Plan - Rezoning request: PAGE I OF RESOLUTION NO. 92-01 1. The proposed project is consistent with the Danville 2005 General Plan. o The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. The proposed development will constitute a residential environment of sustained desirability and stability. Project conditions will serve to mitigate potential significant impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project. The project secures affordable housing for seniors as required by State and ABAG regulations. The three story element of the building will allow the building to conform with the slope, minimizing required grading, and will have a maximum height of 35 feet. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The approved signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. The approved signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 10. The approved signage will not excessively compete for the public's attention. 11. The approved signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. 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. PAGE 2 OF RESOLUTION NO. 92-01 A. GENERAL This approval is for a 40 unit (44 beds maximum) residential care senior housing facility to be located on the north east corner of Camino Tassajara and Tassajara Lane, identified as "Tassajara Terrace". This Final Development Plan approval shall be effective for a period of one year from the final approval date. Upon showing of good cause, not more than five one-year extensions may be granted by the Planning Commission. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary and Final Development plan and Architectural project drawings labeled "Tassajara Terrace", consisting of seven sheets, prepared by Stephen E. Harriman AIA & Associates, dated received by the Planning Division on August 21, 1991. Sign detail labeled "Tassajara Terrace", dated received by the Planning Division on August 21, 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 Sycamore Valley Benefit District Fee ($12,292/unit)(40 units are equal to 8 single family units based on trip generation), Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District ($15,200.00) 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 September 4, 1991. 0 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 $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 PAGE 3 OF RESOLUTION NO. 92-01 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, rifle, 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 of the facility. The Health Services Department-Environmental Health Division approval of the plans shall be required for any proposed food service prior to building permit issuance. 10. A van service shall be provided for the residents of the facility at all times. 11. The project owner shall furnish the Planning Division with a current occupancy list of residents and number of employees on a semi-annual basis. 12. This development shall participate in the financing of the traffic signal PAGE 4 OF RESOLUTION NO. 92-0! required at the intersection of Camino Tassajara and Tassajara Lane. From a traffic generation point of view, this use represents an equivalent of eight single family residences. For each single family residence, a contribution of $1,500 is required. This development shall pay a total of $12,000 as its fair share of the signal costs, prior to issuance of a building permit. The Town shall utilize the entire $12,000 to assist in the financing of this traffic signal when it is installed by the development on the southerly side of Camino Tassajara. B. SITE PLANNING * 1. 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. The garbage enclosure area to the northeast of the site shall be modified to allow for the garbage enclosure and to serve as a turn around at the end of the parking lot. Final design shall be submitted for review and approval by the Planning Division prior to issuance of Building Permits for the project. Only one free standing sign, the sign fronting Camino Tassajara, is approved by this permit. Sign illumination is not proposed or approved by this application. Any future proposed illumination shall be at the lowest level consistent with adequate illumination and shall be subject to review and approval by the Planning Division. C. LANDSCAPING * 1. 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. 0 All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. PAGE 5 OF RESOLUTION NO. 92-01 e 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. Plant selection shall emphasize drought tolerant native species. Use of turf shall be minimized and shall reflect the planting ratio limits developed by EBMUD. o The Final Landscape Plan shall conform to the Town of Danville Water Conservation Ordinance and Guidelines in place at the time of the approval of the plans, or other policies that may apply. Additional trees to be located near the southeast corner of the building and in front of the three story portion of the western elevation shall be included in the final landscape plan. Specific tree species and exact location shall be subject to review by the Planning Division. The intent of these trees shall be to screen and soften these portions of the building. Trees shall be located so as to allow sunlight into and views out of the living units. The Final Landscape plans shall include detailed information for the landscaped area at the sites north property line. The landscaping shall transition smoothly into the adjacent approved landscaping for the new Town Service Center. The developer shall secure rights as necessary from the Town to modify the adjacent landscaped area on the Town Service Center property to transition the landscaping for this project into the adjacent landscaping. All work related to this condition shall be the responsibility of this developer and shall be completed prior to occupancy of the facility. Retaining walls greater than 4 feet in height are not allowed. 10. The landscaping within the landscape easement along Camino Tassajara shall be maintained by the Town. All landscape material and the irrigation system shall meet Town standards, be compatible with adjacent landscaping, and are subject to approval by the Town's Parks, Maintenance and Planning Divisions. If deemed necessary, a separate water meter shall be installed by the developer. ARCHITECTURE PAGE 6 OF RESOLUTION NO. 92-01 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. Air conditioning units shall be screened so as not to be visible by the general public and shall not extend out into unit balconies an excessive distance obstructing the use of the balconies. o Ge 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. 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. 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. Natural wood materials shall be utilized for building siding. Other desired similar materials shall be subject to review and approval by the Town's Design Review Board. All sashes should be smooth finished wood. All cornice details and sashes should be mitered. The composite shingle roof material should have an angled cut and be thick butt. Additional color shall be added to the projects colored concrete walkways. Samples shall be submitted to the Planning Division for approval prior to installation. E0 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. 2. Where authorized, compact car spaces shall be clearly designated with PAGE 7 OF RESOLUTION NO. 92-01 Fo Go appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size including allowable overhang. 3. Resident transport vans shall not be stored on the site. A minimum of 16 parking spaces shall be provided on-site as part of this project. Parking requirements are based on one space for every 2.5 beds. In addition, approximately 5 spaces along the east side of Tassajara Lane, a public street, may be utilized as additional parking. 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. (Mitigation Measure) Development of the project must be completed in compliance with a detailed soils and geotechnical report and the construction grading plans prepared for this project. The soils report shall include specific recommendations for foundation design of the building. The adequacy of the report shall be subject to review by the Town's Engineering and Planning Divisions. 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 Depaciment 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 PAGE 8 OF RESOLUTION NO. 92-01 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. 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. o In addition to the two sidewalks along Camino Tassajara as shown on the project plans, the developer shall install a Town of Danville standard sidewalk along the properties Tassajara Lane frontage. If not within the public right-of-way, a public access easement shall be established over the sidewalk. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 0 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 PAGE 9 OF RESOLUTION NO. 92-01 Control District. o o o 0 10. 11. 12. 13. 14. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 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 least double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Depaci~nent 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. 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. 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: no 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 PAGE 10 OF RESOLUTION NO. 92-01 OR, AT THE b. the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OPTION OF THE DEVELOPER, 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. 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 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. This development shall provide, in perpetuity, a minimum of 15% or, at the operator's discretion, the percentage required within a subsequently adopted Town Housing Element, of the units within this facility (6 units) for low and moderate income residents. Affordable units shall have a rental rate which does not exceed 75 percent of the upper limit of the rental price affordable to moderate income households (assuming a 30% assignment of monthly income to rent), as established by ABAG, HUD measured by the east bay (Alameda and Contra Costa Counties) Market Trend Index published by the Real Estate Research Council of Northern California (hereinafter "the index"). Residents of the affordable units shall pay the standard rate for other services provided by the facility. A deed restriction shall be recorded to provide for this condition. The applicant shall provide the Town with documentation that this condition is being met on an annual PAGE 11 OF RESOLUTION NO. 92-01 basis. Release from the requirements of this condition may be considered only upon Town Council approval of a revised Final Development Plan, based on findings that substantially changed conditions make it impossible to find or maintain qualified tenants in such units. If relief from this condition is granted for any of the above justifications, the condition allowing 1596 double occupancy (Condition I5) shall concurrently be revoked. o A maximum of 15% of the units ( 6 units) may be double occupied. If, when approved, the new Town Housing Element requires a lower percentage of affordable units for residential projects than required through this approval, and the operator chooses to lower the percentage provided by this facility to conform with the Housing Element, the percentage of double Occupied units shall be adjusted to remain proportional to the percentage of affordable units provided. o (Mitigation Measure) Construction must take place in compliance with the recommendations of a detailed acoustical study of the site. The acoustical study must be completed prior to issuance of building permits for the project. APPROVED by the Danville Planning Commission at a Regular Meeting on February 25, 1992 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hunt, Murphy, Osborn, Vilhauer, Wright, Hughes APPROVED AS TO FORM: ~ity Attorney pud91-02\pdcz29.2 PAGE 12 OF RESOLUTION NO. 92-01