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HomeMy WebLinkAbout93-01EXHIBIT A RESOLUTION NO. 93-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A ONE YEAR TIME EXTENSION FOR LUP 90-18 TO ALI,OW THREE PORTABLE BUILDINGS TO BE UTILIZED AS AN OFFICE, CLASSROOM AND RESTROOM FACILITY AT ROLLING HILLS COMMUNITY CHURCH FACILITY LOCATED AT 1565 GREEN VALLEY ROAD (APN: 196-330-036) WHEREAS, Rolling Hills Community Church has requested approval of a two year extension of Land Use Permit (LUP 90-18) for the temporary use of three portable buildings on a 2.58+ acre site; and WHEREAS, the subject site is located on the south side of Green Valley Road, at 1565 Green Valley Road and is identified as Assessor's Parcel Number 196-330--036; and XXq-IEREAS, the Town of Danville R-20; Single Family Residential District Ordinance requires approval of a Land Use Permit for the proposed portable buildings; and WHEREAS, on December 11, 1990 the Planning Commission approved a temporary Land Use Permit for a period of two years to install four portable buildings on the church site during construction of new church facilities; and WHEREAS, the Planning Commission did review the project at a noticed ipublic hearing on January 26, 1993; and WHERF~S, 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 time extension for the Land Use Permit per the conditions contained herein, and makes the following findings in support of the application: FINDINGS OF APPROVAL The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. PAGE 1 OF RESOLUTION NO. 93-1 The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the General Plan. The land use will not create a nuisance and~or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior installation of the portable trailers. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for three portable buildings to be temporarily located on the site, identified as APN: 196-330-036. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Site Plan for "Temporary Buildings, Phase II" Rolling Hills Community Church prepared by Church DevelopmentAssociates and dated received by the Planning Division on December 22, 1992. 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 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 PAGE 2 OF RESOLUTION NO. 93-1 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. 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. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and ~weekends and holidays from 9:00 a.m. to 7:00 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 during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 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. * 8. All physical improvements shall be in place prior to occupancy of any structure in the project. 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. PAGE 3 OF RESOLUTION NO. 93-1 Bo 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. 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. To provide landscape screening for residences located to the south, landscaping shall be planted adjacent to the south property line of the site consistent with approved landscape plans for the new church facility. Landscaping along the south property line shall include evergreen trees, minimum 24 inch box size. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. The type of species, amount and spacing of trees shall be subject to review and approval of Planning staff. Prior to installation of the portable buildings, landscaping shall be installed on the entire Green Valley Road frontage of the Church facility consistent with previously approved landscape plans. 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. All landscaping shall be installed prior to issuance of a certificate of occupancy of the portable buildings. All of the dead Redwood trees that were originally planted adjacent to the southern and western property lines shall be replaced prior to occupancy of the portable buildings subject to staff review and approval. All of the trees shall be served by an automatic irrigation system. PAGE 4 OF RESOLUTION NO. 93-1 D. ARCHITECTURE * 1. 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. Ail 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. Gates will be self-closing and self-latching. Prior to occupancy of the three portables, they shall be painted the same color, subject to review and approval of Planning staff. 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. All of the portables shall have painted, lattice skirting installed prior to occupancy of the portables subject to the review and approval of Planning staff. Windows on the south elevations of the portables shall be opaque to prevent visibility into the neighbors' rear yards located to the south. E. PARKING * 1. The gravel parking area shall be clearly marked with barricades subject to the review and approval of Planning staff. 2. There shall be no vehicular access to the site from Green Valley Road. F. GRADING * 1. 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. The applicant shall submit a drainage plan (completed by a licensed engineer) that specifically addresses water draining from the subject site to PAGE 5 OF RESOLUTION NO. 93-1 Go properties south of the site. The drainage plan shall include drainage mitigation measures that may be used on an interim basis, but a permanent drainage system must be installed when the site is redeveloped. The drainage plan is subject to the review and approval of the City Engineer prior to issuance of building permits. 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. 0 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. o Handicapped ramps shall be provided and located as required by the City Engineer. 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. 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, unless approval is secured to utilize a private sewage disposal system. 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. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 6. Roof drains shall empty onto paved areas, concrete swales, other approved PAGE 6 OF RESOLUTION NO. 93-1 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. 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. M1 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. 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. All costs associated with such acquisition shall be borne by the developer. PAGE 7 OF RESOLUTION NO. 93-1 A maximum one year time extension may be administratively approved by Planning staff. Staff shall review the project within six months for conformance with conditions of approval. If necessary, the use permit shall be further reviewed by the Planning Commission. APPROVED by the Danville Planning Commission at a Regular Meeting on January 26, 1993, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer, ' AI~PROVED AS TO FORM: Chief of P~ing pdpz33 PAGE 8 OF RESOLUTION NO. 93-1