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HomeMy WebLinkAbout99-03 EXHIBIT A RESOLUTION NO. 99-03 APPROVING DEVELOPMENT PLAN REQUEST DP 98-58 ALLOWING THE DEVELOPMENT OF 5,850 +/- SQUARE FOOT PRESCHOOL AND DAYCARE FACILITY ON LOT 14 OF SUBDIVISION 8018 (APN: 207-050-014 - AUTUMN CREEK LEARNING CENTER) WHEREAS, Moy & Kay Basu (Owner) and William Wood Architects (Applicant) have requested approval of a Development Plan request (DP 98-58) to allow the construction of a 5,850 +/- square foot preschool and daycare facility with a maximum capacity of 110 children on a .6 +/- acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara, east of Messiah Place. The site is also identified as Lot 14 of the Autumn Creek subdivision, and is further identified as Assessor's Parcel Number 207-050-014; and WHEREAS, the Town of Danville P- 1; Planned Unit Development District Ordinance requires approval of a final Development Plan prior to construction of the proposed preschool and daycare facility; and WHEREAS, conditions of approval of the previously approved Preliminary Development Plan (PUD 96-02) authorized the use of the subject parcel for the development of a childcare/preschool facility and required that the facility be subject to review by the Town under a separate final Development Plan application; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 26, 1999; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves a Negative Declaration of Environmental Significance and approves Development Plan DP 98-58 per the conditions contained herein, and makes the following findings in support of this action: The proposed Development Plan will not be detrimental to the to the health, safety, and general welfare of the Town. The Development Plan will not adversely affect the orderly development of properly within the Town. The Development Plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The Development Plan will not adversely affect the policy and goals as set by the General Plan. The Development Plan will not create a nuisance and\or enforcement problem within the neighborhood or community. The Development Plan will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. 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 the construction of a 5,850 +/- square foot preschool and daycare facility with a maximum capacity of up to 110 children on a .6 +/- acre site. The facility is identified as the Autumn Creek Learning Center. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 2 OF RESOLUTION NO. 99-03 Site Plan, floor plan, elevations, and landscape plan labeled "Autumn Creek Learning Center," as prepared by William Wood Architects, consisting of five sheets, dated received by the Planning Division on November 17, 1998. 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. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $123.00 ( 164 notices X $0.75 per notice). 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 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 $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case 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 archeologist, certified by the Society of Califomia 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 PAGE 3 OF RESOLUTION NO. 99-03 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. 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. 11. All physical improvements shall be in place prior to occupancy of the childcare structure. 12 As part of the initial submittal for the final map and/or plan checking and/or building permit review process, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Chief of Planning and Building and the City Engineer. 1his report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 13. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. 14. The facility shall be limited to atotal capacity of children and staff which does not exceed a parking demand of 18 spaces. Parking demand will be based on one parking space per 10 children, and one parking space per staff member. Within one month of operation, and on an annual basis thereafter, the operator shall provide the Town with a copy of the operation license from the State Department of Social Services and documentation regarding the required number of staff PAGE 4 OF RESOLUTION NO. 99-03 persons for the facility. 15 The days and hours of operation for the facility shall be limited to Monday through Friday from 6:30 a.m. to 6:30 p.m. General events, such as open houses, which include attendance of fifty percent or more of the enrollment of the facility, shall be limited to three events per year. Notice of these events shall be mailed to all property owners which access via Messian Place a minimum of 10 days prior to the event. 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. Development of the facility shall include the construction of an eight foot high masonry soundwall, consistent with the soundwall design for Sycamore Valley, adjacent to the parking lot and play yard. The wall adjacent to the play yard shall wrap back toward the site as may be necessary to adequately shield the play area from noise from Camino Tassajara. The final design shall be subject to the recommendations of a qualified acoustical engineer's report, to be submitted by the applicant, prior to issuance of building permits for the project. A minimum six foot high wrought iron fence shall be utilized for the section of frontage adjacent to the building along Camino Tassajara. The applicant shall enhance the landscape plan directly in front of the building (on the north side) to include additional shrubs and annual colors, subject to review and approval by the Planning Division as part of the final landscape plan. The applicant shall build and maintain an eight foot high fence between the parking lot and the single family home to the west. The fence shall include a two- foot trellis top. The fence shall be made of pressure treated Douglas Fir posts and shall have 2 x 8 kickboards. LANDSCAPING PAGE 5 OF RESOLUTION NO. 99-03 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. The final landscape plan shall be modified to be consistent with the approved site plan. 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 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. Additional trees, shrubs, and ground cover shall be planted within the Town controlled public trail easement on the south side of the parking lot. This landscape area shall be maintained by the applicant. The final landscape plan shall reflect this requirement and shall be subject to review and approval by the Planning Division. All landscaping and irrigation improvements between the wall and Camino Tassajara shall be maintained by the Town of Danville and shall meet all applicable Town standards. 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 arehitecturally compatible with the main structures. All trash and refuse shall be contained within enclosures architecturally compatible PAGE 6 OF RESOLUTION NO. 99-03 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 benned so as not to allow storm water run-off and run-on from adjacent areas. The street number for the structure shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. Colors and materials shall as shown on the color and material board on file with the Planning Division and presented at the public hearing for this item. Signage for the facility shall be limited to a single wall sign to be placed on the north building wall adjacent to Camino Tassajara. The sign may not be internally illuminated and shall meet all requirements of the Town's Sign Ordinance. The sign shall be subject to review and approval by the Design Review Board prior to occupancy of the structure. 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. PAGE 7 OF RESOLUTION NO. 99-03 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 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 dift~rent 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 Plm~ 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 PAGE 8 OF RESOLUTION NO. 99-03 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. Runoff from 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 System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public rip:,Jat-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. PAGE 9 OF RESOLUTION NO. 99-03 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. * 5. 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. * 6. Handicapped ramps shall be provided and located as required by the City Engineer. * 7. 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. H. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) ~vater 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. * 3. 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). * 4. 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. PAGE 10 OF RESOLUTION NO. 99-03 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. 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. 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. 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, PAGE 11 OF RESOLUTION NO. 99-03 a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. APPROVED by the Danville Planning Commission at a Regular Meeting on January 26, 1999, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Chairman City Attorney Chief i F:/plarmiug/applications/dp/dp98-58/pc staff report PAGE 12 OF RESOLUTION NO. XX-XX