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HomeMy WebLinkAbout97-21 EXHIBIT A "" RESOLUTION NO. 97-21 A' RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE SPECIFIC PLAN AMENDMENT REQUEST SPA 97-01, FINAL DEVELOPMENT PLAN REQUEST DP 97-04, MINOR SUBDIVISION REQUEST MS 853-97 AND LAND USE PERMIT REQUEST LUP 97-03 --PEACE LUTHERAN CHURCH (APN: 203-200-008) WHEREAS, Peace Lutheran Church has requested approval of a Specific Plan Amendment, Minor Subdivision, Final Development Plan and Land Use Permit for the construction and operation of a 13,250+ square foot church facility on a 2.5_+ acre site; and WHEREAS, the subject site is located on the northeast corner ofCamino Tassajara and Old Blackhawk Road, and is identified as Assessor's Parcel Number 203-200-008; and WHEREAS, the Town of Danville Old Blackhawk Specific Plan requires a Specific Plan Amendment to allow an exception to structural setback standards and an exception to architectural standards contained within the Specific Plan; and WHEREAS~ the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Development Plan and Land Use Permit to allow development of the proposed church facility; and WHEREAS, the Town of Danville's Subdivision Ordinance requires approval of a Minor Subdivision - Tentative Map request prior to recordation of a Parcel Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 8, 1997; and WHEREAS, the Planning Commission continued the public hearing to August 12, 1997, however, the project was re-noticed to inform surrounding property owners that the item would be reviewed by the Planning Commission on July 22, 1997; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 22, 1997; 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 modifications and recommended project conditions of approval, no significant adverse environmental impacts are expected to be associated with the project; and WHEREAS, a staff report was submitted recommending that Planning Commission recommend that the Town Council 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 recommends the Town Council adopt a Mitigated Negative Declaration of Environmental Significance and approve the Specific Plan Amendment, Final Development Plan, Minor Subdivision, Final Development Plan and Land Use Permit requests per the conditions contained herein, and makes the following findings in support of Specific Plan Amendment request (SPA 97-01 ) to allow an exception to the structural setback standards of the specific plan to allow a 35 foot structural setback for the sanctuary portion of the facility where a 70 foot structural setback is required; an exception to allow a 35 foot high roof where the maximum permitted building height is 28 feet; and a request to allow rammed earth building material for the sanctuary portion of the church facility where stucco or wood siding is required: The Specific Plan Amendment will not adversely affect the Town's ability to maintain high-quality public facilities and services. The Specific Plan Amendment will not adversely affect the preservation of present aesthetics and other community qualities. The Specific Plan Amendment will not adversely affect the quality of life within existing developed areas of the community. The Specific Plan Amendment will not adversely affect the harmony between Danville's development and its physical setting. , The proposed 35 foot roof height of the sanctuary is not excessive and is appropriate architectural design for the nature of the building use. Strict application of the 28 foot height limit would deprive the subject property of rights enjoyed by other churches in the general vicinity. PAGE 2 OF RESOLUTION NO. 97-21 The proposed structural setbacks will not have a negative impact on the surrounding residential neighborhood. 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; and, be it further RESOLVED that the Planning Commission of the Town of Danville makes the following Findings in support of the Development Plan and Minor Subdivision requests: 10. The proposed development is in conformance with the goals and policies of the General Plan. The proposed development is in conformance with the zoning district in which the property is located. The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 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 one new parcel. The density of the subdivision is physically suitable 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. The development will mitigate traffic impacts through the assurance of off-site improvements in a manner acceptable to the Town. Project conditions of approval will serve to mitigate potential environmental impacts PAGE 3 OF RESOLUTION NO. 97-21 identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project; and be it further RESOLVED that the Planning Commission of the Town of Danville makes the following Findings in support of the Land Use Permit request: The proposed land use will not be detrimental to the 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. That special conditions or unique characteristics of the subject property and its location or surroundings are established. Failure to so find shall result in a denial. 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. A. GENERAL * 1. This approval is for a Specific Plan Amendment, Minor Subdivision, Development Plan and Land Use Permit to allow the development of a 13,250+ square foot church facility identified as Peace Lutheran Church. Development PAGE 4 OF RESOLUTION NO. 97-21 shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Elevations, Floor Plans and Preliminary Landscape Plans consisting of seven sheets, as prepared by Kirk E. Peterson and Associates and Ron Herman Landscape Architect and dated received by the Planning Division on July 16, 1997. Vesting Tentative Map MS 853-97, consisting of one sheet, as prepared by Debolt Civil Engineering and dated received by the Planning Division on May 29, 1997. 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 Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and Sycamore Valley Benefit Districts 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) 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 8, 1997. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $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 archeotogist, 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. PAGE 5 OF RESOLUTION NO. 97-21 Construction activity shall be restricted to the period between the weekday hours of 7: 3 0 a.m. to 5: 3 0 p.m. (Mondays through Fri days), un Iess otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. SITE PLANNING All lighting shall be installed m such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-ojcway. ~1 lighting plan (inchtding all exterior on-site lighting such as parking lot standards and building security lighting) shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. Parking lot light standards' shall be a maximum of I2 feet in height and the design of such standards is subject to Design Review Board review and approval prior to issuance of a buildingpermit for the church project. 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 septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division PAGE 6 OF RESOLUTION NO. 97-21 C, regulations. If the existing on-site well is to be preserved and operated, proper permits shall be secured from the Environmental Health Division prior to issuance of a building pennit for the project. Abutter's rights of access along subdivision site's frontage on Camino Tassaj ara and Old Blackhawk Road shall be relinquished with the approval of the subdivision map. Development of Parcels A and B shall be responsible for constructing new sidewalk along the Maison Drive street frontage. LANDSCAPING Final landscape and irrigation plm~s (with planting shown at 1 "-20' scale) shall be submitted for review and approval by the Planning Commission prior to issuance ofa building permit. The plan shall include common names ofall plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. The landscape plan shall be revised to enhance the Old Blackhawk Road street frontage subject to review and approval by the Planning Commission. 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, 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. 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. All project landscaping for the church facility shall be installed prior to issuance of an occupancy permit by the Building Division. PAGE 7 OF RESOLUTION NO. 97-21 D, A minimum of five 15 gallon redwood trees shah be planted in the vicinity of the sanctuary frontage on OM Blackhawk Road to help screen the 35foot high portion of the building. The placement of the trees' shall require a revision to the landscape plan and will require review and approval by the Planning Commission prior to issuance of a building permit. Design details for the labyrinth located north of the sanctuary shall be submitted for review and approval by the Design Review Board prior to installation. The labyrinth is not required to be installed prior to occupancy of the building, however, if it is not initially installed prior to building occupancy, the area shall be temporarily landscaped with lawn. This development shall be responsible for the long-term maintenance of project landscaping and landscape improvements located within the public right of way adjacent to, Old Blackhawk Road and Maison Drive. Prior to issuance of a building permit, the owner shall record a deed restriction binding this condition. The restriction shall be subject to review and approval by the City Attorney prior to recordation. The entire Camino Tassajara street frontage of Parcel B of MS 853-97 shall be developed with sidewalk and landscaping consistent with the requirements of the Sycamore Valley Specific Plan standards. 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 screening shall be subject to final review and approval by the Design Review Board prior to issuance of a building permit. 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. 3. The street number for the project shall be posted so as to be easily seen from PAGE 8 OF RESOLUTION NO. 97-21 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. Samples of the proposed color pallet shall be reviewed and approved by the Planning Commission and Design Review Board prior to the final application to the building. The color and texture of the rammed earth material utilized for the sanctuary walls shall be reviewed and approved by the Planning Commission and Design Review Board at the project site prior to application to the building. If the applicant desires to utilize an alternative building material for the walls of the sanctuary, the material is subject to the review and approval by the Planning Commission and Design Review Board prior to issuance of a building permit. Samples of all building colors shall be reviewed and approved by the Planning Commission and Design Review Board at the project site prior to application to the entire building. Ifa monument sign, or any other exterior signs are desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application and shall be subject to the review and approval of the Design Review Board prior to installation. 10. All roof eaves shall project a minimum of 18 inches from the building wall on all portions of the structure. 11. The roof material shall be concrete tile or a fiber cement material subject to final review and approval by the Planning Commission and Design Review Board prior to issuance of a building permit. 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. 2. Where authorized, compact car spaces shall be clearly designated with PAGE 9 OF RESOLUTION NO. 97-21 appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. 3. The project parking lot shall include a minimum of 84 on-site parking spaces. A shared parking plan and agreement shall be executed and recorded prior to approval of the Final Map to allow shared parking between Parcel A and B for special events provided that the future use on Parcel A is an institutional-type use. The cross-access driveway shall be located within 100 feet of Maison Drive and shall be a minimum of 25 feet in width and shall be constructed prior to issuance of an occupancy permit for the structure constructed on Parcel A. The shared parking agreement is subject to review and approval by the City Attorney prior to issuance of a building permit for the church project. After the project is constructed and under operation, the Town will monitor on- street parking conditions in the vicinity of the church facility. If necessary, the Town may require parking restrictions to on-street parking in the vicinity of the church facility. The applicant shall paint 25 Jbet of red curb Ozo parking zone,) on either side of the Maison Drive driveway. GRADING 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 boundmy 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 PAGE 10 OF RESOLUTION NO. 97-21 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. 10. All grading activity shall address National Pollutant Discharge Elimination PAGE 11 OF RESOLUTION NO. 97-21 I~:-L6 'ON NOI&II'][OS2tlt ~O H 2tDVd 'I HHFIiDFI~tiSVHaNI · /4:odmd 13ofqns oql ~oJ Uodo~ o11!1 omp-ol-dn ue ~oou!~'ua/4!3 oql o1/lddns lleqs lueo!ldde oql 'poll!tuqns o~e sue[d luotuoAo~dua! loo[o3d otu!l oql W 'oPoD u~o& oqlJo IXXX ptm IIX s:oldeq3 pue luotul.mdo(] so3!A~oS luotudoloAo(1 oql jo suo!ma~!oods ptm sue[d p~eptmls oql ql!~ AIdtuoo lleqs ptre sue[d ~o/pue sp~epu~ls poAo~dde ttl!~ oouep~oooe u! poDn~lsuoa oq l[eqs 'so!l![!ln pue ~u~Aed 'sXe~oApp 's>lle~op!s '-mlm~ 'q~na ~u!pn[au! 'Ae~-Jo~lq~!3 o!lqnd oql u!ql!~ smotuoAmdtu! IIV .g uoou!~uH Xl!D oql Aq polue~e~x potuoop j! uo!lomlsuoooa loo~ls ao ~iEI.10AO '[eos K~mls opnpu! Heqs s!q& 'lueo!ldde oql ol osuodxo [inj m '-mou!~uH/4!3 oqljo uo!loejs!ms oql ol po~!edoa oq [leqs Xl~odoad Dofqns oql ol luooefpe ~o uo uo!Drulsuoo ~u!mp ouop ~o ~u!ls!xo ~ou sluouaoAo~dm! loo~ls ol o~muep ~iuv 'pm!q}qo~d Xlsso~dxo s! gu}qse~ aDaauoa ~o luotu!pos ao spqop ol!s jo gu}qsn[t aamAA 'AZgp qaeo ldags oq llgqs slooals iuoagflye oluo al}s uo}DnJlsuoo oqlJJ-o pa}a~ga ~j}p ~o pntu I[V 'E 'g 'I S&HH~iS 'Joou!~uH Xl!D oq~, Aq pou}ttuolop sg 'poa!nboj oq ~igtu l!tujad uo!Dvmsuoo SHCldN V '(dddA~S) u'Id tlo!l~tloAa-ld uo}lnllod JamA, X ttuolS pug (dOH) tmld IolluoO uo!soJH oql qgnozql possoJppg aq [lgqs uo!:mu}tumuoo uo!lorulsuoo [lil}luolod aoqlo pug uo!milod uo}Dnjlsuoa 'Jjoum luatu!pas lojluoa ol sojnsgom atJ!aadS 'suJoauoo (SB[(ldND cuolsAig 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). All runofffrom 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. 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. All new utilities required to serve the development shall be installed underground. * 10. 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 PAGE 13 OF RESOLUTION NO. 97-21 design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow 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 the Specific Plan Amendment, Minor Subdivision, Final 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 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. If the project is over five acres in size, a Notice of Intent (NOD and Storm Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality Control Board and a copy given to the City Engineer prior to commencement of any construction activity. A SWPPP shall be prepared as part of the preparation of project improvement plans. The SWPPP shall supplement the erosion control plan prepared for the project, if one is required. These documents shall also be kept on-site while the project is under PAGE 14 OF RESOLUTION NO. 97-21 construction. As specified in the Public Facilities and Utilities section of the Old Blackhawk Specific Plan, pedestrian/equestrian improvements are to be supplied within the Specific Plan area. The improvements still to be constructed, which will not be in-tract-type improvements include: a pedestrian/equestrian bridge crossing over Sycamore Creek at the existing staging area on Old Blackhawk Road; a pedestrian crossing of the creek near the north limits of the Plan Area; and general landscape/trail improvements near the existing staging area. The estimated costs for these unfunded improvements is $112,000+. Remaining undeveloped properties within the Old Blackhawk Specific Plan area shall be responsible for contributing a pro-rata share for the installation of the improvements. The equitable share for each development shall be based on the gross acreage; type of development and development potential of each of the remaining undeveloped properties. The developer of Parcel B of MS 853-97 (Peace Lutheran Church site) shall contribute its share of the bridge costs prior to issuance of a building permit. The precise amount of the contribution shall be determined by the Town (based on engineering estimates for the improvements), but shall not exceed $8,000.00. The Town of Danville shall manage the bridge construction projects as CIP projects. Total costs of the bridge and abutments shall be determined by project cost estimates secured by the Town. 10. This approval allows a maximum of 24 students enrolled in the school for autistic children. Expansion or modification ofthe school use shall require prior review and approval of a Land Use Permit. APPROVED by the Danville Planning Commission at a Regular Meeting on July 22, 1997, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney / f: Iplanning \parsonslpdpz106 Combs, Hunt, Jameson, Magliano, Osborn, Rapp, Moran Chairman Chie~g PAGE 15 OF RESOLUTION NO. 97-21