HomeMy WebLinkAbout96-24 EXHIBIT A
RESOLUTION NO. 96-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING DEVELOPMENT PLAN REQUEST DP 96-11 AND LAND USE PERMIT
REQUEST LUP 96-17 FOR THE CONSTRUCTION AND OPERATION OF A 13,150+
SQUARE FOOT ALZHEIMER'S RESIDENTIAL CARE FACILITY
(APN: 196-190-037)
WHEREAS, O' Brien Interests, Inc. has requested approval of a Development Plan and Land
Use Permit to construct and operate a 13,150+ square foot, 22 unit- 42 bed Alzheimer's
residential care facility on a .98 + acre site; and
WHEREAS, the subject site is located on the east side of West E1 Pintado Road, at 400 West
E1 Pintado Road, being further identified as Assessor's Parcel Number 196-190-037; and
WHEREAS, the Town of Danville O-1; Limited Office District requires approval of a
Development Plan and Land Use Permit for development of an Alzheimer residential care
facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
August 27, 1996; 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 adopts of a Mitigated
Negative Declaration of Environmental Significance and approves Development Plan request
DP 96-11 and Land Use Permit LUP 96-17, per the conditions contained herein, and makes
the following findings in support of this action:
Development Plan:
1. The proposed project is consistent with the Danville 2005 General Plan.
PAGE NO. I RESOLUTION 96-24
The proposed development will constitute a facility of sustained desirability and
stability, and will be in harmony with the character of the existing development in the
area, the surrounding neighborhood, and the community.
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 adverse 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.
0
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.
There are special conditions and unique characteristics of the subject property (i.e.,
size; shape; relative location to 1-680 and West E1 Pintado Road; nature and location
of surrounding uses; etc.) that are present that justify the approval of the Land Use
Permit request.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") 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.
PAGE NO. 2 RESOLUTION 96-24
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 13,500+ square foot 22 room - 42 bed Alzheimer
facility, identified as Valley Alzheimer's facility's. Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
ao
Preliminary Development Plan, Site Plan, Elevations and Preliminary
Landscape Plans consisting of four sheets, as prepared by Stephen E.
Harriman & Associates and dated received by the Planning Division on
August 5, 1996.
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Preliminary Grading Plan, consisting of one sheet, as prepared by
DeBolt Civil Engineering and dated received by the Planning Division
on August 5, 1996.
The applicant shall pay or be subject to 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), Child Care Facilities, Contra
Costa County Flood Control & Water Conservation District fees (Drainage
Area and Mitigation), 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 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 May 22, 1996.
Within one week of the effective date of this permit, the applicant shall submit
to the Town of Danville fees required to file a Notice of Determination for this
PAGE NO. 3 RESOLUTION 96-24
project as required by AB 3185.
Bo
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 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.
o
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 fi.om 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.
SITE PLANNING
1. Ail lighting shall be installed in such a manner that lighting is generally
PAGE NO. 4 RESOLUTION 96-24
down-directed and glare is directed away from surrounding properties and
rights-of-way. Parking lot light standards shall not exceed 12 feet in height.
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.
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.
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LANDSCAPING
Final landscape and irrigation plans (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.
An additional landscape treatment shall be added to the landscape plan to
screen the section of new fence which is to be located within three feet of the
project driveway at the southern end of the site. Such landscaping may an
appropriate evergreen plant species trained to grow on a lattice treatment
attached to the fence. This landscape detail is subject to review and approval
of the DRB prior to issuance of building permits
The developer shall offer to plant landscaping (such as a row of 15 gallon
Redwood trees) in the rear yard of adjacent Clare residential property
located south of the subject site (APN: 196-190-017) to provide screening of
the subject facility. Such landscaping shall be planted subject to the review
and approval of the affected property owner and the Planning Division
prior to the final building inspection of the facility.
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 landscape
guidelines and shall be designed to avoid runoff and over spray. Proposed
common maintenance lawn areas within the project shall not exceed a
PAGE NO. 5 RESOLUTION 96-24
7.
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10.
11.
maximum of 25 percent of proposed common landscaped areas.
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. A minimum of
four of the project trees shall be 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.
This entitlement authorizes the removal of Trees #4, #6 and #7 as
designated on the project arborist report completed by Baefsky & Associates
and dated August 21, 1996. However, all attempts shall be made to
preserve Tree #6 subject to an adjustment to the location of the adjacent
retaining wall and recommended tree preservation methods of a certified
arborist. The loss of the three '~rotected"Valley Oaks shall be mitigated by
the planting of a minimum of six Valley Oaks (minimum 15 gallon size),
to be planted elsewhere on the site..
Ail of the Valley Oaks that are planted as mitigation for the loss of trees on-
site shall be placed in an appropriate area of the site. Use of these trees
requires a modification to the preliminary landscape plan. The location
of the replacement trees shall be subject to the review and approval of a
certified arborist.
The tree preservation guidelines established in the tree survey/arborist
report performed for this site (~Valley Alzheimer's facility's Arborist
Report'), prepared by Baefsky & Associates and dated August 21, 1996,
shall be incorporated into the detailed site development plans.
A security deposit in the amount of $5,000.00 shall beposted with the Town
in compliance with the Town's Tree Protection Ordinance to assure the
preservation of on and off site trees to be preserved. The security deposit
shall be returned upon verification of the health of the trees following two
full growing seasons after project completion.
The existing 12 + inch Valley Oak located at the southwest corner of the site
shall be preserved and incorporated into the final landscape plan.
PAGE NO. 6 RESOLUTION 96-24
12.
The applicant shall diligently pursue rights to remove dead trees located
within the adjacent Cal Trans right of way prior to issuance of a building
occupancy permit.
13.
The applicant shall diligently pursue rights to install additional landscaping
within the Cai Trans right of way.
14.
The developer shall submit a soils report to address design criteria and
installation requirements for the keystone wall to be constructed along the
east property line of the site.
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. Gates will
be self-closing and self-latching. Prior to issuance ora building permit, the
applicant shall document that all trash/recycling areas are appropriately
sized and located. The trash and recycling area shall be covered and
bermed so as not to allow storm water run-off and run-on from adjacent
areas. The area drains for the trash and recycling area shall be connected
to the sanitary sewer, not the storm drain system.
The street number for each structure in the project 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.
o
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.
PAGE NO. 7 RESOLUTION 96-24
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If signing for the development is desired, a comprehensive sign program
shall be submitted under a separate application and shall be subject to review
and approval of the Design Review Board. The monument sign indicated on
the project site plan is not approved as a part of this project.
Air conditioner grills for individual residential units shall be painted to match
the body color of the building.
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.
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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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, 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.
°
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
PAGE NO. 8 RESOLUTION 96-24
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 developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques to minimize erosion.
All new development shall be consistent with modern design for resistance to
seismic forces. All new development shall be in accordance with the Uniform
Building Code and Town of Danville Ordinances.
All cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
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. Runofffrom any contaminated soil shall not be
allowed to enter any drainage facility, inlet or creek.
PAGE NO. 9 RESOLUTION 96-24
* 10.
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 through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). A NPDES construction permit may be
required, as determined by the City Engineer.
G. 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.
All mud or dirt carried off the construction site onto adjacent streets shall be
swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
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.
The developer shall install curb, gutter, sidewalk and associated
improvements (including repair of pavement) along the West E1 Pintado Road
frontage of the subject site.
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.
PAGE NO. 10 RESOLUTION 96-24
One street light shall be installed along the frontage of the subject site with the
design and location of the street light subject to the review and approval by
the Engineering Division.
H. INFRASTRUCTURE
* 1.
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 May 15, 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.
The developer shall install an underground drainage system along the entire
southerly boundary of the site to replace the existing drainage facility. 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. A hydraulic study shall be prepared to address the on-site
drainage system and the potential impacts to the downstream drainage system.
The developer shall be responsible for making necessary downstream
drainage improvements needed to accommodate expected ultimate peak
water flows.
Improvement plans and a hydraulic study shall be completed by a registered
Civil Engineer. All necessary on and off site drainage improvements shall be
completed prior to a final building occupancy permit for the structure.
Drainage improvements shall require a stream bed alteration permit from the
State of California Department of Fish and Game.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
PAGE NO. 11 RESOLUTION 96-24
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Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
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.
All new utilities required to serve the development shall be installed
underground.
10.
Ail street, drainage or grading 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.
0
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 the
Development Plan and Land Use Permit 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 proposed project shall conform to the Town's Storm water Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for the
site. For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this permit.
At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
4. The project design shall comply with all interior and exterior acoustical
PAGE NO. 12 RESOLUTION 96-24
requirements of the Uniform Building Code (Title 24) and the Town of
Danville Noise Element.
All necessary permits required to operate the subject facility shall be secured
from the State of California Department of Social Services prior to a final
building inspection by the Town of Danville Building Division.
APPROVED by the Danville Planning Commission at a Regular Meeting on August 27, 1996,
by the following vote:
AYES:
NOES: -
ABSTAINED: -
ABSENT: Combs, Murphy
APPROVED AS TO FORM:
Bowlby, Hunt, Jameson, Moran, Osborn
Vice C~a~irman :~
City ~ttorney )
pdpz93
Chief of PlanninO
PAGE NO. 13 RESOLUTION 96-24