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HomeMy WebLinkAbout97-04 EXHIBIT A RESOLUTION NO. 97-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING THE LAND USE PERMIT LUP 96-30, DEVELOPMENT PIAN DP 96-25 AND MINOR SUBDIVISION MS 856-96 REQUESTS ALLOWING THE DEVELOPMENT OF A 53,000 +/- SQUARE FOOT ASSISTED CARE FACILITY (APN: 202-081-006 -- OAKMONT RETIREMENT) WHEREAS, Oakmont Retirement Communities has requested approval of a Land Use Permit, Development Plan, and Minor Subdivision requests to Subdivide a 3.15 +/- site into two parcels and to allow the construction of an approximately 53,000 square foot, 76-unit assisted care facility; and WHEREAS, the subject site is located on the south side of Diablo Road, west of McCauley Road, at 1027 Diablo Road, and is identified as Assessor's Parcel Number 202-081-006; and WHERFAS, the Town ofDanville R-15; Single Family Residential District requires approval of a Land Use Permit Prior to the establishment of an assisted care facility; and WHEREAS, the Town of Danville Municipal Code requires approval of a Development Plan prior to the construction of a the proposed 53,000 +/- square foot assisted care facility; and WHEREAS, the Town's Subdivision Ordinance requires approval of a Minor Subdivision - Tentative Map request prior to recordation of a Parcel Map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through conditions of approval or modifications which have already been incorporated into the project, no significant environmental impacts are expected to be associated with the project. WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 28, 1997; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERFAS, a staff report was submitted recommending that Plianning Commission approve PAGE I OF RESOLUTION NO. 97-04 the request; and WHERFAS, 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 approves of the Mitigated Negative Declaration of Environmental Significance and approves of Land Use Permit request LLTP 96-30, Development Plan request DP 96-25, and Minor Subdivision request MS 856-96, subject to the conditions of approval contained herein, and makes the following findings in support of these actions: Land Use Permit & Development Plan 1. o The proposed land use and Development Plan will not be detrimental to the to the health, safety, and general welfare of the Town. The land use and Development Plan will not adversely affect the orderly development of property within the Town. The land use and Development Plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use and Development Plan will not adversely~ affect the policy and goals as set by the General Plan. : The land use and Development Plan will not create a nuisance and\or enforcement problem within the neighborhood or community. The land use and Development Plan will not encourage imarginal development within the neighborhood. That special conditions or unique characteristics of Ethe subject property and its location or surroundings are established. Minor Subdivision The proposed subdivision is in substantial conformanCe with the goals and policies of the General Plan. PAGE 2 OF RESOLUTION NO. 97-04 , , , The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. : The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the new parcel. The density of the subdivision is physically suitablei for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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 bie complied with prior to the Town Council approval of the initial final map or the issuance of a building permit for the assisted living facility. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a Land Use Permit (LUP 96-30), Development Plan (DP 96- 25), and Minor Subdivision (MS 856-96) allowing the development of a 53,000 +/- square foot, 76 unit, assisted living facility identified as Oakmont PAGE 3 OF RESOLUTION NO. 97-04 Retirement Communities. The site is located on the south side of Diablo Road, west of McCauley Road, at 1027 Diablo !Road. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a, Tentative Parcel Map MS 856-96 (including section drawings) labeled "Town of Danville Assisted Care Facility", as prepared by Ruggeri, Jensen, Azar & Associates, consisting of two sheets, dated received by the Planning Division on January 22, 1997. b, Preliminary Landscape Plan labeled "Danville Senior Assisted Care Facility", as prepared by Landesign Group, dated received by the Planning Division on December 5, 1996. Architectural Floor Plans, Elevations, Roof Plan, and building section drawings labeled "Danville Assisted Care Facility", as prepared by TWM Architects and Planners, consisting of five :sheets, dated received by the Planning Division on December 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 Park Land In-lieu, Contra Costa County Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. The applicant shall pay the Toum's Commercial Transportation Impact Fee. The total fee for the subject assisted care facility shall be calculated using standard formulas as used for other similar;projects in Town, subject to final approval by the Chief of Planning. The future development of Lot 2 shall be subject to transportation impact fees consistent with the requirements of the Town's Transportation Impact Ordinance. , 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 ofithese respective agencies. PAGE 4 OF RESOLUTION NO. 97-04 , , o 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 ($25.00). 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 iperiod 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. 10. 11. 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 Zsupplied 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 the structure. PAGE 5 OF RESOLUTION NO. 97-04 B, 12. Staff shifts shall be scheduled so that a shift does not end or begin during the morning and midafternoon school traffic peak periods (current peak periods are between the weekday hours of 7:15 A.M. and 8:15 tLM., the hours of 2:00 P.M. and 3:00 P.M. on Wednesdays, and between the hours of 230 P.M. and 330 P.M. on Monday, Tuesday, Thursday, and Friday). Should, in the future, changes in school scheduling change the times of the peak traffic hours, the scheduling of staff shifts shall be modified to continue to avoid overlap with the peak traffic hours. 13. The maximum number of residents living at the facility shall be limited to 90. 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. 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. Cross access easements and a road maintenance agreement shall be recorded over the entry access driveway from McCauley Road allowing access for both Lots 1 and 2. The easement shall cover the entire 30 foot wide driveway as shown on the tentative map extending to the western property line. The developer shall improve the existing 4.5 foot wide sidewalk along the Diablo Road frontage of the property to have a total width of 6 feet. The developer shall be responsible for filling in the existing gap in the stone wall along the property's McCauley Road frontage when a new section of wall is removed to provide access to the site in the desired location. The existing gap shall be filled in with a stone wall identical to the existing stone wall along the frontage. PAGE 6 OF RESOLUTION NO. 97-04 '~ C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by 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. 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 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. 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. Except as approved by this permit, all existing trees shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Development will occurpartially within the dripline of a 15" and a 20" Oak tree located near the north end of the property's western property line. These trees shall be preserved. To assure the long term health of these trees, an arborist report shall be prepared to assess the current health of the trees and to recommend mitigation measures to maximize the on-going health of these trees. Mitigation measures shall include the fencing of the dripline areas during construction, hand trenching and digging within the driplines, and not allowing storage of materials or equipment within the dripline. In addition, the applicant shall submit to the Town a security acceptable to the Town in the amount of $5,000.00 to assureprotection of these trees. The security will be returned to the applicant after two full growing seasons upon verification of the continued health of these trees. PAGE 7 OF RESOLUTION NO. 97-04 Landscaping treatment along Diablo Road shall be consistent with the Town's Streetscape Beautification Guidelines for Diablo Road. Landscaping shall include 15" box Pistacia Chinensis, planted 20 feet on center along the entire street frontage. Additional fifteen gallon box size trees shall be incorporated into the landscape plan for the project. The additional trees shall be located along the front and side elevations of the facility. The trees shall be specimens which will reach a minimum 20 foot height within a short time period. The total number of trees shall equal one tree per 20 linear feet of the property boundary. Final Landscape Plans reflecting ithe additional trees shall be submitted for review and approval by the Planning Division and the Design Review Board prior to issuance of a building permit for the project. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main 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. The final design and location of the trash enclosure shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. 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. The composite roof material shall be "thick butt Elk Prestique", or a similar quality material, and shall be subject to final: review and approval by the Design Review Board. PAGE 8 OF RESOLUTION NO. 97-04 The vents that are located within the roof gables shall be lowered to become more a part of the architecture of the building. The vents shall be framed similarly to the frames around the windows. All windows on all of the buildings exterior elevations (not including the interior courtyard area) shall be divided light. The wrought iron fencing for the project shall!be painted the same color as the siding of the building. The wrought iron fence shall be classic wrought iron with traditional casted spears. The trellis structures on the building's side elevations shall be stained dark brown in color subject to final review and approval by the Design Review Board. All trellis structure posts shall be made from minimum 4" x 4" pressure treated Douglas fir. 10. Signage for the facility shall be substantially similar to the monument sign details shown on the project landscape plans. The proposed monument sign shall be limited to a total of five feet in height. Final design and details of the sign shall be subject to review and approval by the Design Review Board prior to issuance of a building permit for the project. 11. Colors, siding materials, and trim materials, shall be as shown on the color material board prepared for the project on file with the Planning Division and presented at the public hearing for this project. 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. Handicapped parking spaces shall be provided as required by current handicap accessibility regulations. Minor modifications to the site plan to PAGE 9 OF RESOLUTION NO. 97-04 accommodate the handicapped spaces shall be subject to review and approval by the Planning Division prior to issuance of a Building Permit for the project. All staff of the facility shall access the site from the McCauley Road driveway and shall park in the rear parking lot. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. , 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 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 PAGE 10 OF RESOLUTION NO. 97-04 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. * 9. 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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 PAGE 11 OF RESOLUTION NO. 97-04 washing is expressly prohibited. Any damage to sweet 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 sweet 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. 7. Left hand turn from the facility's Diablo Road exit to west bound Diablo Road shall be prohibited during the docum ented peak traffic hours. The applicant shall install appropriate traffic regulator)/signage near the Diablo Road exit, subject to review and approval by the City Engineer. 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. 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. 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). PAGE 12 OF RESOLUTION NO. 97-04 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 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. o 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. 10. 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. I. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. PAGE 13 OF RESOLUTION NO. 97-04 , 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. 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 Land Use Permit, Development Plan, and Minor Subdivision 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. Use of a private gated entrance is expressly prohibited. 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. The Land Use Permit associated with this approval shall be revokable at any time for cause including failure to comply with these conditions of approval or the creation of a nuisance in association with the land use. PAGE 14 OF RESOLUTION NO. 97-04 = This development shall establish and maintain in perpetuity, a minimum of 10 percent of the rooms (7 rooms) as affordable rooms. At the request of the applicant, the Town Council may consider a waiver of appropriate Town controlled fees related to development of the project in exchange for the provision of additional affordable rooms (i.e., more than 7 affordable rooms). The rooms shall be reserved for use by low and :moderate income occupants. Affordable rooms shall have a rental rate which does not exceed the upper limit of the allowable rental price affordable to moderate income households, adjusted as appropriate for household size (assigning 30 percent of monthly income toward rent), as established by the Department of Housing and Community Development (HCD) and the United States Department of Housing and Community Development (HUD). Occupants of the affordable units 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 annum basis the facility operator shall furnish the Town with documentation that this condition is being met. Discharge from this condition of approval may be considered only upon approval of a revised Final Development Plan approved by the Town Council, based on a finding that, despite the availability of the rooms, qualified applicants cannot be found or maintained. Discharge may also be considered, through the same process outlined above, based on findings that the project cannot secure financing as a result of the affordable room obligation (appropriate documentation that diligent efforts to secure financing must be submitted to the Town). APPROVED by the Danville Planning Commission at a Regular Meeting on January 28, 1997, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Combs, Jameson, Magliano, Moran, Osborn, Rapp, Bowlby City Attorney 7 pdcz119 Chief ~f P~m~'~g~4~ PAGE 15 OF RESOLUTION NO. 97-04