HomeMy WebLinkAbout96-29 EXHIBIT A
RESOLUTION NO. 96-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING REQUESTS
FOR A DEVELOPMENT PLAN AND LAND USE PERMIT
(DP 95-44 & LUP 95-32) FOR THE CONSTRUCTION OF A 25,847+
SQUARE FOOT MINISTRY CENTERAND GYMNASIUM FOR ST. ISIDORE'S
CHURCH LOCATED AT 440, 444 & 448 LA GONDA WAY
(APN: 200-161-004, 009 & 010)
WHEREAS, St. Isidore's Church has requested approval of a Development Plan and Land
Use Permit for the construction of a 25,847+ square foot ministry center and gymnasium
for St. Isidore's Church on a 2.1 acre site; and
WHEREAS, the subject site is located on the east side of La Gonda Way, at 440, 444 & 448
La Gonda Way and is identified as Assessor's Parcel Number 200-161-004, 009 & 010; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Development Plan and Land Use Permit to allow the construction of
a ministry center and gymnasium on the subject site; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
July 9, 1996; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHERF~S, a Draft Mitigated Negative Declaration of Environmental Significance has been
prepared for this project. Potentially significant environmental impacts have been mitigated
through project modifications. As amended through conditions, no significant impacts are
anticipated to be associated with the project; and
WHEREAS, a staff report was submitted recommending that Planning Commission approve
the request; and
WHERF~S, 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 1 OF RESOLUTION NOo 96-29
Negative Declaration of Environmental Significance for the project and approves
Development Plan request DP 95-44 and Land Use Permit request LUP 95-52 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.
The proposed development will constitute a church ministry/gymnasium
environment 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.
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.
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.
4. 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.
6. The land use will not encourage marginal development within the neighborhood.
PAGE 2 OF RESOLUTION NO. 96-29
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.
GENERAL
* 1.
This approval is for a church ministry center and gymnasium for St. Isidore's
Church. Development shall be substantially as shown on the project drawings
as follows, except as may be modified by conditions contained herein;
Preliminary Landscape Plan, Site Plan and Building Elevations, titled
St . Isidore's Church Parish Ministry Center, consisting of eight
sheets, as prepared by Dahlin Group and dated received by the
Planning Division on July 15, 1996.
Trash Enclosure design for St. Isidore's Ministry consisting of three
sheets, as prepared by Dahlin Group and dated received by the
Planning Division on July 3, 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 Flood Control &
Water Conservation District fees, 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
summarized in part 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
PAGE 3 OF RESOLUTION NO. 96-29
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 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.
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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.
10.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
PAGE 4 OF RESOLUTION NO. 96-29
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plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; timing of delivery of emergency vehicle access connections; and phasing
of project grading. The phasing plan shall be subject to the review and
approval of the City Engineer and Chief of Planning.
SITE PLANNING
Ail 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. A lighting plan shall be submitted to the Planning Division
for review and approval prior to issuance of a building permit.
The parking lot light standards (Gardco Astyle Form Ten) shall be bronze in
color and shall be a maximum height of 12 feet.
Building mounted security lighting shall be down directed so that there
will be minimal impact to surrounding neighbors.
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.
The undeveloped area located east of the gymnasium shall not be used for
parking purposes. Any future development of this area shall require prior
review and approval of a Development Plan and/or Land Use Permit by the
Town of Danville.
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 prior
to issuance of a building permit. The plan shall include common names of all
PAGE 5 OF RESOLUTION NO. 96-29
plant materials and shall indicate the size that various plant materials will
achieve within a five year period of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
All trees, unless otherwise noted on landscape plans, 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.
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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.
The tree preservation guidelines established in the tree survey/arborist
report performed for this site (titled 448 La Gonda Way, prepared by
Plant Health Diagnostics and dated September 29, 1995) shall be
incorporated into the detailed site development plans. The report
addresses an existing on-site 47+ inch Valley Oak located at the northwest
corner of the site (identified as Tree #3 on the existing tree inventory
included on page L1 of the preliminary landscape plan).
The following trees shall be preserved on-site and incorporated into the
developmentplan: Tree #1, #11, #19, #20, #48, #62 and #66. Additional
tree preservation guidelines shall be prepared to provide tree-specific
preservation measures for all existing trees to be retained on the site. The
tree preservation plan shall be incorporated into the final design and
construction of the project. The supplemental report shall be completed
subject to the review and approval of the Planning Division prior to
issuance of a building permit.
PAGE 6 OF RESOLUTION NO. 96-29
A security deposit in the amount of $5,000.00 shall be posted with the Town
in compliance with the Town's Tree Protection Ordinance to assure the
preservation of the trees. The security deposit shall be returned upon
verification of the health of the trees following two full growing seasons after
project completion.
This project shall be responsible for planting street trees along the street
frontage of this project° The street trees shall be Chinese Pistache and shall
be planted 25 feet on center unless otherwise approved by the Planning
Division.
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.
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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.
Prior to issuance of a building permit, the applicant shall document that all
trash/recycling areas are appropriately sized and located. The trash and
recycling area(s) 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(s) shall be connected to the sanitary sewer, not the storm drain
system.
The street number for the structure shall be posted so as to be easily seen
from the street at all times, day and night.
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 7 OF RESOLUTION NO. 96-29
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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.
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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.
The parking lot design shall be revised to allow preservation of Tree #48
subject to the review and approval of Planning staff prior to issuance of a
building permit.
GRADING
Any grading on adjacent properties will require prior written approval of
those property owners affecte&
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
Deparlxnent, 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.
PAGE 8 OF RESOLUTION NO. 96-29
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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. R 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 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.
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
PollutiQn Prevention Plan (SWPPP). 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.
3. All mud or dirt carried off the construction site onto adjacent streets shall be
PAGE 9 OF RESOLUTION NO. 96-29
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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.
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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private 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 the site consistent with
the requirements of Section 31-16 of the Danville Municipal Code and the
review and approval of the City Engineer.
This project shall be responsible for participating on a pro-rata basis (as
determined by the Town of Danville)for the installation of a traffic signal
at the intersection of La Gonda Way and E1 Cerro Boulevard subject to the
review and approval of the City Engineerprior to issuance of an occupancy
permit for any portion of the new ministry center. 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 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
PAGE 10 OF RESOLUTION NO. 96-29
remaining costs associated with installation of the signal The traffic signal
shall be equipped with Type 'D' detectors, enabling bicycles to activate the
signal system.
10.
La Gonda Way shall be widened to 40 feet in width (curb to curb) with the
installation of pavement, curb and gutter, drainage improvements, and
sidewalk along the street frontage of this project. Such improvements will
require preparation of improvement plans by a Civil Engineer and
construction of the improvements within one year.
11.
The street frontage of this project will require an offer of dedication (10 feet
wide) for street widening purposes.
12.
Flashing yellow beacons and pedestrian crossing signs shall be installed at
the mid-block pedestrian crossing on La Gonda Way. The flashing beacons
shall be designed to operate only during periods of heavy pedestrian traffic.
The method of activating the flashing beacons is subject to the review and
approval of the City Engineer. Parking and other visual obstructions shall
be prohibited approximately l OO feet in advance of and 20feet beyond the
crosswalk (in both directions). Minimum lighting standards shall be
provided for the entire sidewalk subject to the review and approval of the
City Engineer. The flashing beacons, associated signage, lighting and
method of activating the beacons shall be installed prior to occupancy of
the firsi'phase of the ministry/gymnasium.
13.
An advisory sign shall be installed at the entrance of the
ministry/gymnasium parking lot to notify drivers of additionalparking
available in the church/school parking lots. During large events, parking
attendants and portable signs shall be located on La Gonda Way, directing
motorists to park in the church/school parking lot. A parking plan for large
events shall be submitted to the City Engineer for review and approval prior
to occupancy of the first phase of the ministry/gymnasium.
14.
The proposed special paving treatment located at the mid-block pedestrian
crossing on La Gonda Way is approved subject to the applicant reimbursing
the Town for the additional long-term maintenance costs associated with a
special paving surface located within a public street. The costs associated with
the long-term maintenance of the special paving surface and the payment
schedule shall be determined by the City Engineer.
PAGE 11 OF RESOLUTION NO. 96-29
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 December 29, 1995.
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 summarized within their letter
dated January 3, 1996.
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 existing drainage systems shall meet the
requirements of the Town of Danville, Contra Costa County Flood Control &
Water Conservation District, the Department of Fish & Game, the Department
of U.S. Fish and Wildlife, California Regional Water Quality Control Board and
the United States Army Corps of Engineers.
The existing open drainage facility located adjacent to the northerly
property line of APN 200-161-004 will require the installation of a new 48
inch drainage pipe. The facility shall be dedicated to the Town for
maintenance purposes with a maintenance easement. The maintenance
easement shall be twice the depth of the pipe. The eastern portion of the
subject parcel shall have a open concrete lined channel. The drainage
maintenance easement shall be dedicated to the Town of Danville prior to
issuance of a building permit for maintenance purposes. Public
improvement plans, prepared by a registered Civil Engineer, shall be
prepared for these drainage improvements. Installation of the drainage
improvements shall be completed prior to occupancy of any new structures
completed on the subject property.
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
PAGE 12 OF RESOLUTION NO. 96-29
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10.
11.
method through the project to an approved storm drainage facility, as
determined by the City Engineer°
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.
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 utility easements, sited
to meet utility company standards, or in public streets.
12.
All new utilities required to serve the development shall be installed
underground.
13.
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.
PAGE 13 OF RESOLUTION NO. 96-29
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 for the installation of the improvements. 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. Ail 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 and Land Use Permit 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.
The proposed project shall conform to the Town's Stormwater 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.
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The three subject parcels (200-161-004, 009 & 010) shall be merged prior to
issuance of building permits for the structure.
PAGE 14 OF RESOLUTION NO. 96-29
APPROVED by the Danville Planning Commission at a Regular Meeting on July 23, 1996
by the following vote:
AYES:
NOES: -
ABSENT: Bowlby
ABSTAINED: -
Combs, Hunt, Jameson, Osborn, Moran, Murphy
APPROVED AS TO FORM:
City Attorney
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PAGE 15 OF RESOLUTION NO. 96-29