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HomeMy WebLinkAbout95-01 EXHIBIT A RESOLUTION NO. 95-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING A REVISED FINAL DEVELOPMENT PLAN (DP 94-14) ALLOWING A 34,300 +/- SKILLED NURSING FACILITY (APN: 218-783-001) WHEREAS, Dick and Elsa Fucanan have requested approval of a revised Final Development Plan to allow the development of a 52 unit 34,300 +/- s.f. - 116 bed skilled nursing facility on a 1.19 acre site; and WHEREAS, the site was previously approved for a 50 unit - 55 bed, 27,622 +/- s.f. senior congregate care facility under PUD 90-08; and WHEREAS, the subject site is located on the west side of Camino Ramon, south of Greenbrook Drive, across from Mission Place and is identified as Assessor's Parcel Number 218-783-001; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance allows for modification to a Final Development Plan subject to approval of a modified Final Development Plan; and WHEREAS, the project was continued from the Planning Commission's January 10, 1995 meeting at the applicant's request; and WHEREAS, the Planning commission did review the project at a noticed public hearing on January 24, 1995; and WHEREAS, 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 PAGE 1 OF RESOLUTION NO. 95-01 RESOLVED that the Planning Commission of the Town of Danville approves the grant of a Mitigated Negative Declaration of Environmental Significance and approves of the revised Final Development Plan (DP 94-14) per the conditions contained herein, and makes the following Findings in support of the revised Final Development Plan: The Development Plan will not be detrimental to the to the health, safety, and general welfare of the Town. The Development Plan will not adversely affect the orderly development of property within the Town. The Development Plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The Development Plan will not adversely affect the policy and goals as set by the General Plan. o The Development Plan will not create a nuisance and~or enforcement problem within the neighborhood or community. ° The development will provide its fair share of affordable housing opportunities as required by the Town's Inclusionary Housing Ordinance. 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval which are in italic text are mitigation measures. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a revised Final Development Plan to allow the PAGE 2 OF RESOLUTION NO. 95-O1 development of a 52 unit 34,300 +/- s.f. - 116 bed skilled nursing facility, also known as Danville Manor. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Floor Plans, Exterior Elevations, and Preliminary Landscape Plan labeled "Danville Manor", as prepared by Stephen E. Harriman A.I.A. & Associates, dated received by the Planning Division on November 28, 1994. The applicant 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. The TIP fee shall be based on the conversion of trips per bed per day for this facility to average trips per day for a single family dwelling. Based on standard trip generation tables, this facility will produce the equivalent traffic of 30.16 single family homes (2.6 x 116 + 10). At $2,000 per single family equivalent, the total fee for this project will be $ 60,320. 0 Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated September 27, 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 (indicating that 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. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land PAGE 3 OF RESOLUTION NO. 95-01 10. alteration work within 100 feet of the find shall be halted, thc 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. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. 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. 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. 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 Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all PAGE 4 OF RESOLUTION NO. 95-01 reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. 11. Health Services Department - Environmental Health Division approval shall be required for any food service prior to the issuance of Building Permits for the project. 12. The project owner shall provide the Town with a current list of residents and employees on an annual basis. 13. The developer shall conduct air quality tests on this site prior to the issuance of any Building Permits for the project. If the results indicate that Carbon Monoxide levels on the site exceed the standards established by the State of California (20 PPM), then the developer shall be required to install a filtered ventilation system to protect the interior spaces from exterior emissions. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. C. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted to 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. The final landscape and irrigation plans shall be subject to review and approval by the Town's Design Review Board prior to the issuance of Building Permits. Emphasis shall be placed on the building frontage to mitigate the visual mass of the project. PAGE 5 OF RESOLUTION NO. 95-01 All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All of the project trees planted along the project's Camino Ramon frontage shall be minimum 24-inch box specimen trees. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. 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. In compliance with the Town's landscape guidelines, proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. This development shall be responsible for the installation and maintenance of landscaping within the public right-of-way along the Camino Ramon frontage. 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 structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six 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. PAGE 6 OF RESOLUTION NO. 95-01 The street number for this building shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. No signage is approved as part of this application. Any desired signage shall be subject to review and approval by the Planning Division and the Design Review Board as part of the final architectural review for the project. The maximum building height shall not exceed 30' from average finished grade elevations. 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. 0 Regulatory signage/curb painting for non-parking areas of the parking lot shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 7 OF RESOLUTION NO. 95-01 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, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The report shall include a test for uncompacted fill. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. The report shall be accompanied by a Grading and Drainage Plan. 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. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. All new development shall be consistent with modern seismic design for resistance to lateral forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. PAGE 8 OF RESOLUTION NO. 95-01 Go Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed. A NPDES construction permit may be required, as determined by the City Engineer. STREETS The applicant 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 applicant 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 Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. 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 applicant. 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 PAGE 9 OF RESOLUTION NO. 95-01 accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Handicapped ramps shall be provided and located as required by the City Engineer. This site has no legal street access as all abutters rights have been previously relinquished to public agencies. The Town will provide access to the site in accordance with the approved site plan referenced by condition A. 1. above. The relinquishment of abutters rights to Camino Ramon will require separate Town Council approval. Prior to occupance of the facility, the developer shall install approximately 100 feet of sidewalk, per Town standards, extending off- site from the southern property line to the existing sidewalk to the south. Prior to occupance of the facility, the developer shall install approximately 330 feet of sidewalk, per Town standards, extending off- site from the northern property line to the intersection of Greenbrook Drive along the Camino Ramon Frontage. 10. Prior to occupancy of the facility, the developer shall remove the existing temporary street light on the existing P.G. & E. wooden pole and install two Town standard street lights along the abutting Camino Ramon frontage. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated September 19, 1994. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. PAGE 10 OF RESOLUTION NO. 95-01 o o 10. 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 & Water Conservation District (CCCFC & WCD). All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control 8: Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, and the United States Army Corps of Engineers codes and policies. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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 applicant 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 Town policies and existing ordinances. All utilities shall be located and provided within public PAGE 11 OF RESOLUTION NO. 95-01 II 11. 12. utility easements, sited to meet utility company standards, or in public streets. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELIANEOUS 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 applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. Development of this project shall take place in full compliance with all recommendations included in the Acoustical Study for this site prepared by Charles Salter and Associates, dated February 12, 1991. PAGE 12 OF RESOLUTION NO. 95-01 o To verify the mitigation measures cited in the acoustical study prepared for this project have been accomplished, the developer shall conduct on-site noise monitoring prior to occupancy of the facility. If the required interior noise level (45 dB) is not met, additional mitigation measures shall be implemented, to the satisfaction of the Chief Building Official, to reduce the noise to be within the limits specified by the acoustical report. Prior to issuance of a Building Permit for the project, the developer shall provide the Town with documentation that all requirements of the Contra Costa County Flood Control District have been met. The district owns a 20 foot access easement along the southern boundary of this property and have indicated a willingness to abandon this easement. Proof of abandonment or other means satisfactory to the District shall be accomplished prior to issuance of a Building Permit for the project. In an effort to further screen the facility from noise from the adjoining 1-680 freeway, the developer shall diligently pursue the necessary approvals through Cai Trans to secure right of entry and the appropriate easement/license to allow the installation, at the developer's cost, of off-site landscaping within the State controlled freeway right-of-way. If the necessary rights are secured, said planting shall be evergreen tree massing along the entire west side of the facility, on the freeway side of the Cal Trans soundwall. Planting ratio shall be a minimum of 1 tree for each 15 linear feet (covering a zone extending from 50' +/- north of the building footprint to 100' +/- south of the building footprinO. Total tree count is estimated to be 35-50 trees. Tree species utilized shall be approved by the Town and Cal Trans. Tree size shall be minimum 15 gallon box specimen. The trees shall be irrigated by an automatic drip system, acceptable to the Town and Cal Trans, that can be abandoned once the planting material has established itself (3-5 years). Relief from the condition shall be granted only upon the submittal of adequate documentation that Cal Trans will not grant the required easement/license agreement. This development shall establish, and maintain in perpetuity, a minimum of 15 percent of project beds (17 beds) as affordable beds. The affordable beds shall be reserved for use by "low" and "moderate" income occupants. Affordable beds shall have a rental rate which does not exceed the upper limit of the allowable rental price affordable to PAGE 13 OF RESOLUTION NO. 95-01 II moderate income households (assigning 30% of monthly income towards rent), as established by the State Department of Housing and Community Development (HCD) and the United States Department of Housing and Community Development (HUD). Occupants of the affordable beds shall pay the standard rate for other services provided by the facility. A deed restriction shall be recorded to assure compliance with the obligations established by this condition of approval. On an annual basis the facility operator shall furnish the Town with documentation that this condition is being met. Modifications to the requirements of this condition may be considered only upon approval of a Revised Final Development Plan, approved by the Town Council, based on findings that, despite the availability of the beds, qualified occupants cannot be found or maintained. Modifications may also be considered, through the same process outlined above, based on findings that the project cannot secure financing as a result of the obligation to reserve 15% of the project beds as affordable (appropriate documentation that diligent efforts to secure financing must be submitted to the Town and will require approval by the Town's Planning Commission). APPROVED by thc Danville Planning Commission at a Regular Meeting on January 24, 1995, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Bowlby, Jameson, Hunt, Moran, Murphy, Osborn APPROVED AS TO FORM: pdcz72 Chief of~ning PAGE 14 OF RESOLUTION NO. 95-01