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HomeMy WebLinkAbout96-07RESOLUTION NO. 96-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING REQUESTS FOR A DEVELOPMENT PLAN, LAND USE PERMIT AND VARIANCE (DP 95-43, LUP 95-31 & VAR 95-27) ALLOWING THE CONSTRUCTION OF 13 CLASSROOMS AT ST. ISlDORE'S SCHOOL LOCATED AT 435 AND 445 LA GONDA WAY (APN: 200-162-004 & 007) WHERF~S, Roman Catholic Welfare Corporation has requested approval of Development Plan, Land Use Permit and Variance applications to construct 13 new classrooms at the existing St. Isidore's Church/School facility on a 7.4+ acre site; and WHEREAS, the subject site is located at 435 and 445 La Gonda Way and is identified as Assessor's Parcel Numbers 200-162-004 & 007; and WHEREAS, the Town of Danville R-20; Single Family Residential District requires approval of a Development Plan and Land Use Permit application to allow the expansion of the school facility on the subject site; and WHERF~S, the Town of Danville R-20; Single Family Residential District requires approval of a Variance to allow construction of classrooms adjacent to La Gonda Way with a five foot setback and the construction of additional classrooms adjacent to La Gonda Way with a 15 foot setback where a 25 foot front minimum setback is required; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on February 13, 1996; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project conditions of approval, no significant environmental impacts are expected to be associated with the project; and WHEREAS, a staff report was submitted recommending that the 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 Mitigated PAGE I RESOLUTION NO. 96-07 Negative Declaration of Environmental Significance for the project and approves Development Plan request DP 95-34, Land Use Permit LUP 95-31 and Variance request VAR 95-27 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 10 The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a school/church environment of sustained desirability and stability, and will be in harmony with the character of the existing commercial development in the area, the surrounding neighborhood, and the community. The proposed development will mitigate off site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town o Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Land Use Permit: The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 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. o 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. The school expansion provides needed additional classroom space of which there is currently a significant shortage in both the private and public education system in the San Ramon Valley. PAGE 2 RESOLUTION NO. 96-07 Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other similar properties in the area and the R-20; Single Family Residential District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: ao The application of R-20; Single Family Residential District front yard setback standards (i.e., the minimum setback of 25 feet) is inappropriate due to the configuration of the parcel and due to the fact that the existing school is located as close as 13 feet to the front property line. The application of R-20; Single Family Residential District front yard setback standards will significantly reduce the amount of outdoor play area for students. Co Construction of the five southerly classrooms, a minimum of five feet from the front property line, will be consistent with existing setbacks for the school. This variance is in substantial conformance with the intent and purpose of the R-20; Single Family Residential District in which the subject property is located since the variance allows for the reasonable expansion of the existing school facility. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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. PAGE 3 RESOLUTION NO. 96-07 GENERAL This approval is for a Development Plan, Land Use Permit and Variance allowing the construction of 13 additional classrooms at St. Isidore's School. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan and Building Elevations, rifled "St. Isidore's School Addition," consisting of seven sheets, as prepared by Dahlin Group and dated received by the Planning Division on January 30, 1996~ Preliminary Landscape Plans, rifled "St. Isidore's School Addition," consisting of three sheets, as prepared by Thomas Bank & Associates and dated received by the Planning Division on January 30, 1996. 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 rime 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 Flood Contra Costa County Flood Control & Water Conservation District fees, and plan checking and inspection fees. 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) have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are contained in their memorandum dated January 3, 1996. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project. The fee shall be $25.00 and shall require submittal of a check (payable to the Contra Costa County Clerk) to the Town of Danville Planning Division within two weeks of the project approval. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the SocieW of California Archeology and/or the Society of Professional PAGE 4 RESOLUTION NO. 96-07 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 a0mo 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° 0 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 reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. 10. The applicant shall provide a security fencing plan to provide protection of students during the construction period. The security fencing plan is subject to review and approval of the City Engineer and/or the Chief Building Official prior to commencement of construction activity. PAGE 5 RESOLUTION NO. 96-07 SITE PLANNING 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° 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. o Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. The applicant shall merge APN: 200-162-004 & 007 or secure approval of a Lot Line Adjustment (LLA), which modifies the existing property line as deemed necessary to meet building and zoning regulations. If a LLA is pursued, it shall be secured prior to issuance of a building permit for the kindergarten structure located south of the existing rectory. No improvements or structures shall be constructed or installed within, under or over the flood control easement located on the subject properties. To avoid illegal encroachment into the easement, the applicant shall be required to survey and stake the easement in the field prior to issuance of building permits. The existing trash enclosure located adjacent to the rectory shall be relocated outside of the flood control easement. The alternative location shall be adjacent to the west elevation of the existing gym located to the south of the new kindergarten building subject to the review and approval of the local garbage service company and Planning Division prior to issuance of building permits. 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 prior to issuance of a building permit. 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. PAGE 6 RESOLUTION NO. 96-07 Do 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 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. ARCHITECTURE Meter and air conditioning condenser locations shall be as shown on the applicant's plan detail dated received by the Planning Division on February 2, 1996, subject to final review and approval by the Design Review Board. 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. The street numbers for all structures on the property 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. * 6. 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. If additional project identification signing is desired beyond any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. All window frames on the existing school building shall be painted white to match new white window frames on the new classroom structures. 8. The equipment well located on the north side of the school entry shall PAGE 7 RESOLUTION NO. 96-07 Eo have a wing wall that returns to the roof to screen the equipment well viewed by vehicles travelling southbound along La Gonda Way~ Split face concrete blocks located under new classroom windows shall be painted the building body coloro 10. Any proposals to modify building materials or colors requires review and approval by the Design Review Board prior to issuance of a building permit. GRADING 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 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 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. 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. PAGE 8 RESOLUTION NO. 96-07 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. 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° F. STREETS * 1. 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. Street signing shall include curve warning signs and 20 mile per hour speed limit signs in advance of both directions of the existing curve. 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 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. o Handicapped ramps shall be provided and located as required by the City Engineer. Public streets shall be improved to the standards in #F.5. above. Private streets shall be improved to public street structural standards. Private PAGE 9 RESOLUTION NO. 96-07 10. 11. 12. 13. street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. Street lighting shall be provided along the frontage of APN: 200-162-004 & 007 consistent with the requirements of Section 31-16 of the Danville Municipal Code and the review and approval of the City Engineer. The property owner shall install a traffic signal at the intersection of La Gonda Way and El Cerro Boulevard subject to the review and approval of the City Engineer prior to issuance of an occupancy permit for any of the new classrooms. The costs associated with the installation of the traffic signal shall be shared with the Town and other property owners developing properties in the vicinity of the subject intersection. The applicant shall be responsible for providing their pro-rata share (as determined by the Town of Danville) of costs associated with the installation of the traffic signal prior to issuance of an occupancy permit for any of the new classrooms. The balance of funds necessary for the installation of the signal shall be provided by the Town. Subsequent development entitlements that will benefit from the traffic signal project shall reimburse the Town for remaining costs associated with installation of the signal. The traffic signal shall be equipped with Type Detectors, enabling bicycles to activate the signal system. The proposed special paving treatment located within La Gonda Way is not approved as a part of this project. The two abandoned driveways located north of the existing school structure at La Gonda Way shall be replaced with standard curb, gutter and sidewalk. The design specifications for this work shall be subject to the review and approval of the City Engineer. The authorization to park on the west side of La Gonda Way south of the existing school structure shall be eliminated by the installation of "No Parking" signs and red-curbing. The applicant shall be responsible for the installation of the required signage and red-curbing subject to the review and approval of the Town Council prior to occupancy of any of the classrooms. The sidewalk located on the west side of La Gonda Way and south of the existing school structure shall be modified to a width of six feet (measured from face of curb). The design specifications for this work shall be subject to the review and approval of the City Engineer. PAGE 10 RESOLUTION NO. 96-07 Go 14o Four additional limited term parking spaces shall be provided on La Gonda Way at the entrance to the school subject to review and approval by the City Engineer. INFRASTRUCTURE o 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 contained within their memorandum dated December 29, 1996. 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. CCCSD's initial comments on this project are contained within their letter dated December 29, 1994. 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 & Water Conservation District (CCCFC & WCD). 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° Roof drainage from new structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. 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. * 9. 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 utility easements, sited to meet utility company standards, or in public streets. PAGE 11 RESOLUTION NO. 96-07 H0 10o All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer° 12. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part of the preparation of project improvement plans to assure prevention of construction related silt and pollutants from leaving the site and polluting the downstream water courses. The SWPPP shall supplement the erosion control plan prepared for the project. 13. An offer of dedication of an appropriately sized drainage easement shall be made to the Town of Danville prior to issuance of a building permit for the existing 48 inch pipe located north of the existing church structure located on APN: 200-162-004. 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. 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 these Development Plan, Land Use Permit and Variance applications, 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. The applicant shall submit a construction phasing and fencing plan to the Planning Division for review and approval prior to issuance of building permits. All three of the existing temporary building modules shall be removed from the subject property within two months of the completion of the new classrooms. PAGE 12 RESOLUTION NO, 96-07 The applicant shall cooperate with the San Ramon Valley School District to stagger hours of operation in efforts to minimize traffic congestion in the vicinity of the two schools if future problems occuro APPROVED by the Danville Planning Commission at a Regular Meeting on February 13, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Bowlby, Combs, Hunt, Moran, Osborn, Murphy Chairman City Attorney pdpz84 Chief of ~g PAGE 13 RESOLUTION NO. 96-07