HomeMy WebLinkAbout94-10EXHIBIT A
RESOLUTION NO. 94-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT LUP 93-18 AND DEVELOPMENT PLAN DP 93-18
TO CONSTRUCT A 10,000+ SQUARE FOOT MULTI-PURPOSE BUILDING AND A
COLUMBARIUM LOCATED AT 1550 DIABLO ROAD - SAINT TIMOTHY'S CHURCH
WHEREAS, Steven Strane has requested approval of a 10,000+__ square foot multipurpose
building and columbarium on the existing 6.3+__ acre Saint Timothy's Episcopal Church
site; and
WHERF~S, the subject site is located on the north side of Diablo Road at Clydesdale and
Fairway Drives and is identified as Assessor's Parcel Number 195-142-008; and
WHEREAS, the Town of Danville R-10; Single Family Residential District Ordinance
requires approval of a Development Plan and Land Use Permit for the proposed church
facilities; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on March 8, 1994; and
WHEREAS, 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
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 adopts a Negative Declaration of Environmental Significance and approves the
Land Use Permit and Development Plan requests (LUP 93-18 and DP 93-18) per the
conditions contained herein, and makes the following findings in support of the project:
PAGE I OF RESOLUTION NO. 94-10
Development Plan
1. The proposed project is consistent with the Danville 2005 General Piano
2. The proposed project will not adversely effect the preservation of the community
aesthetics or the Town's ability to maintain high-quality facilities and services.
3. The proposed project will not adversely effect the quality of life within existing
developed areas of the community~
4. The proposed project will blend in with the existing physical setting of the site.
5. The proposed project will not deprive others of property rights in the general
vicinity and/or in the same zoning district.
6. The traffic associated with the proposed project will not adversely impact
surrounding development.
7. 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.
Land Use Permit
1. The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
2. The land use will not adversely affect the orderly development of property within
the Town.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
4. The land use will not adversely affect the policy and goals as set by the General
Plan.
5. The land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
PAGE 2 OF RESOLUTION NO. 94-10
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the fi)llowing Conditions shall be complied with prior to
issuance of building and grading 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 1(),000+ square foot multi-purpose building and
columbarium to be constructed at the existing Saint Timothy's Episcopal
Church site and identified as APN: 195-142-008. Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
Site Plan, floor plan, landscape plan and four elevations, consisting
of four pages prepared by Nehemiah Architects Inc., dated received
by the Planning Division on January 18, 1994.
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 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 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 August 20, 1994.
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
PAGE 3 OF RESOLUTION NO. 94-10
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 7:0(I 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.
* 7.
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 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 4 OF RESOLUTION NO. 94-10
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
10.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
* 11.
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.
B. SITE PLANNING
The existing parking lot light standards in the south parking lot shall be
removed and replaced with new light standards. New light standards shall
be a maximum height of 15 feet and shall be installed with shields to direct
all light downward and away from adjacent residential properties. The new
light standards are subject to the review and approval of the DRB prior to
issuance of grading/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.
PAGE 5 OF RESOLUTION NO. 94-10
C. LANDSCAPING
Prior to issuance of building/grading permits, a final Landscape and
Irrigation Plan (with planting shown at 1"= 20' scale) shall be submitted for
review and approval by the Design Review Board. 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. The landscape
plan shall also include additional design and material details of the
columbarium/memorial garden subject to the review and approval of the
DRB.
Additional trees and shrubs shall be planted along the southern boundary
of the entire southerly parking lot to provide screening from Diablo Road
subject to the review and approval of the Design Review Board. Trees shall
be planted a minimum of 25 feet on center along the southern boundary of
the parking lot.
A tree preservation plan shall be completed by a certified tree arborist that
insures preservation and protection of existing oaks surrounding the
building during the construction phase. The tree preservation plan shall
also include a circulation plan fbr construction traffic that minimizes
impacts to existing on-site oaks. All tree protection fencing (and any other
recommended fixtures) shall be installed by the developer prior to issuance
of grading/building permits. The tree preservation plan is subject to the
review and approval of Planning staff.
Approval of this Development Plan permits removal of a 3 inch oak and a
20 inch Black Walnut as indicated on the project plans. No other trees shall
be removed without prior written approval from the Planning Division.
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.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
PAGE 6 OF RESOLUTION NO. 94-10
D. 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 main structure(s). Enclosure design shall include six
(6) foot high masonry wails on three sides with steel flamed 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.
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 City for consideration under a separate application.
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 fascia boards shall have a minimum width of 14 inches.
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.
PAGE 7 OF RESOLUTION NO. 94-10
F. GRADING
Go
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
ali times as conditions warrant.
o
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
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.
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.
PAGE 8 OF RESOLUTION NO. 94-10
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.
* 7.
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.
H. INFRASTRUCTURE
* 1.
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.
0
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.
PAGE 9 OF RESOLUTION NO. 94-10
0
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
0
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
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.
Ali 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 include the cable television service provider in pre-
construction meetings to coordinate underground facility locations.
15.
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
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,
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
PAGE 10 OF RESOLUTION NO. 94-10
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.
* 16.
The developer shall notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599 of any proposed construction project that may
affect streams in accordance with Section 1601 and/or 16(i)2 of the Fish and
Game Code. If the subdivision is subject to requirements of the Department
of Fish and Game, the developer shall submit with the Project Improvement
Plans a letter from the Department of Fish and Game which indicates the
Department's requirements. Requirements by the Department of Fish and
Game shall be noted or shown on the construction plans.
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.
Prior to issuance of occupancy permits for the multi-purpose building, the
existing modular office/classroom located in the northern parking lot shall
be removed from the site. If necessary, the applicant may request a
maximum three month time extension (after issuance of a occupancy permit
for the multi-purpose building) to remove the modular building from the
site subject to review and approval of Planning staff. Removal of the
modular building shall be guaranteed by a letter of credit, cash deposit or
bond subject to Planning staff review and approval.
APPROVE[) by the Danville Planning Commission at a Regular Meeting on March 8,
1994 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Arnerich, Bowlby, Hunt, Jameson, Murphy, Osborn, ¥ilhauer
Ci~' Attorney
pdpz53
Chief of Pla
pAGE 11 OF RESOLUTION NO. 94-10