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HomeMy WebLinkAbout2000-19RESOLUTION NO. 2000-19 LAND USE PERMIT REQUEST TO ALLOW THE CONVERSION OF A 7,100 +/- SQUARE FOOT EXISTING COMMERCIAL BUILDING INTO A CHILDCARE CENTER, AND A DEVELOPMENT PLAN REQUEST TO ALLOW THE CONSTRUCTION OF A 1,315 +/- SQUARE FOOT ADDITION TO THE EXISTING BUILDING, MODIFICATIONS TO THE EXTERIOR LANDSCAPING, AND MODIFICATIONS TO THE INTERNAL CIRCULATION FOR THE PROJECT SITE. ADDITIONALLY, A SIGN REVIEW REQUEST IS PROPOSED TO ALLOW ONE BUILDING MOUNTED SIGN, ONE MONUMENT SIGN AND DIRECTIONAL SIGNAGE. THE PROPOSED CHILD CARE FACILITY WOULD HAVE A DAILY MAXIMUM OF 158 STUDENTS AND 16 PART TIME AND FULL TIME TEACHERS AND AIDES. THE CHILDCARE FACILITY WOULD OPERATE FROM 6:30 A.M. TO 6:30 P.M., MONDAY THROUGH FRIDAY. (APN: 216-070-013 - KINDERCARE) WHEREAS, Kindercare has requested approval of a Land Use Permit request LUP 99-38 and Development Plan request DP 99-34, and Sign Review request SR 2000-12 to convert a 7,100 +/- square foot commercial building into a childcare center and to allow the construction of a 1,310 +/- square foot addition to the existing building and associated signage; and WHEREAS, the subject site is located at 730 San Ramon Valley Boulevard and is further identified as Assessor' s Parcel Number 216-070-013; and WHEREAS, the Town of Danville Downtown Business District 7; Retail Zoning Ordinance require approval of a Land Use Permit prior to the establishment of a private school; and WHEREAS, the Town's Downtown Business District Ordinance requires approval of a Development Plan prior to the modification of any part of the exterior of a project site; and WHEREAS, the Planning Commission did review the project at a noticed public heating on July 11, 2000; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that as modified through recommended Mitigation Measures, 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 staB' 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 Land Use Permit request LUP 99-38, Development Plan request DP 9%34, and Sign Review request SR 2000-12, per the conditions contained herein, and makes the following findings in support of this action: Land Use Permits: 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, because the use is proposed in an established shopping center. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the 2010 General Plan because the general plan encourages childcare centers to be located within the Town. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood, because the site is developed and the use is the only change. Downtown Development Plan: The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. The proposed development is consistent with the 2010 General Plan and the Downtown Master Plan because the general plan encourages childcare facilities in appropriate locations. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffm congestion will not likely be created by the PAGE 2 OF RESOLUTION NO. 2000-19 proposed center or will be obviated by: presently projected projects; proper entrances and exits; internal provisions for traffic or parking; parking plans and agreements. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 5. The proposed project is consistent with the Downtown Business District Ordinance. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Sign Review Findings: The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. The design of the signage will be consistent with professional graphic and structural standards. Signage illumination will be at the lowest level consistent with adequate identification and readability. PAGE 3 OF RESOLUTION NO. 2000-19 Sign Exceptions: The proposed exception conforms as closely as practicable to the regulations pertaining to size, number, and location; and The proposed exception is not inconsistent with the intent and purpose of the sign regulations; and Strict adherence to the sign regulations does not allow adequate identification of the site because of the site's location or configuration, or because the proposed business or use is obscured from view by adjacent buildings and/or vegetation. CONDITIONS OF APPROVAL A. GENERAL This approval is for a Land Use Permit (LUP 99-38) to convert a 7, 100 +/- square foot existing commercial building into a child care center, a Development Plan (DP 99~34) to allow the construction of a 1,315 +/- square foot addition, modify the exterior landscaping, and internal circulation for the project site, and a Sign Review (SR 2000-12) to allow the construction of on-site signs. Development shall be substantially as shown on the project drawings as drawn by Craig and Grant Architects, consisting of seven sheets, dated received by the Planning Division on July 6, 2000, except as may be modified by conditions contained herein. The proposed child care facility shall not exceed a daily maximum of 158 students and 16 part time and full time teachers and aides over the entire duration of a day. The childcare center shall be limited to operate between the hours of 6:30 a.m. to 6:30 p.m., Mondays through Fridays. The childcare center shall serve children ranging in age from six weeks to five years and shall be distributed approximately as follows: 8 infants, 16 Toddlers, 24 two-year-olds, 48 three-year-olds, 48 four-year-olds, and 14 five-year-olds. 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 PAGE 4 OF RESOLUTION NO. 2000-19 prior to issuance of said permit. 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 $129.00 (2 mailings X 86 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 SRVFPD's initial comments on this project are summarized in part in their memorandum dated December 29, 1999. Within ten days of the effective date of project approval, 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 and the check shall be made payable to the Contra Costa County Clerks Office. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5: 30 p.m. (Mondays through Fri days), unless oth erwi se approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. 10. 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. 11. 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. 12. 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. PAGE 5 OF RESOLUTION NO. 2000~19 13. All physical improvements shall be in place prior to occupancy of the facility. 14. As part of the initial submittal for the 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. This 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. 15. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California Building Codes. 16. The applicant shall submit annual proof to the Town of Danville that a valid childcare license has been issued by the Department of Social Services B. 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. Any additional site lighting shall be subject to the review and approval of the Planning Division. * 2. 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. 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 overspray. PAGE 6 OF RESOLUTION NO. 2000-19 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. The three London Plane trees proposed for removal in the parking lot shall be replaced with 24" boxed specimen trees at a 2:1 replacement ratio in the same location. The London Plane tree proposed for removal along the east elevation of the existing building shall be replaced with 48" boxed specimen tree at a 3:1 replacement ratio. The landscape plan shall be revised to depict this condition, and shall be submitted to the Planning Division for review and approval prior to the issuance of a building permit for the project. Prior to the issuance of a building permit, the applicant shall submit the proposed play structure to the Town for review and approval. 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. The childcare facility shall be allowed one exterior wall sign, which shall be located on the north elevation of the existing building, one monument sign which shall be located adjacent to San Ramon Valley Boulevard and one directional monument sign which shall be located in on the noahwest corner of the childcare building, as depicted on the project plans prepared by Craig and Grant Architects, and dated received by the Planning Division on July 6, 2000. The building materials shall be as follows: Elk Prestique "Weatherwood" high definition composition shingles for the roof material, real "Bouquet Stone" for the stone accent, Dunn Edwards "Cavem SP 2210" for the trim and lights, Benjamin Moore "Hot Springs Stone AC-31" (or Dunn Edwards comparable), Dunn Edwards "Next Hunter DE 3141" for the door casing and west elevation fence enclosure, and Dunn Edwards "Shady Forest DE 3139" for the doors. All materials are outlined in the material board kept on file in the Planning Division PAGE 7 OF RESOLUTION NO. 2000-19 and dated November 19, 1999. Any future exterior modification to the building's exterior shall be subject to review and approval by the Town under a separate Development Plan application. E. PARKING All new 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. The parking spaces designated on the project plans for the childcare use shall be designated "Kindercare Use Only," painted near the entrance of the stalls. The properly owners shall coordinate with Bay View Bank to allow for patrons to utilize the egress located noah of the bank's pad building. This area shall be re- striped and signed to allow for other patrons of the shopping center to exit in this location. Bank employees shall be required to park in designated parking spaces. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 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 PAGE 8 OF RESOLUTION NO. 2000-19 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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. PAGE 9 OF RESOLUTION NO. 2000-19 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. This included the installation of the monument sign along San Ramon Valley Boulevard. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. * 4. 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. To enhance the operation of the existing driveway entrance for the Sycamore Square shopping center off San Ramon Valley Boulevard and overall circulation patterns in the shopping center. the project applicants shall install appropriate signage as recommended in the Traffic Impact Study prepared by Fehr & Peers Associates at the entrance of the shopping center. These improvements shall be made prior to occupancy of the building. At the six month anniversary of the initiation of the subject land use, a traffic study to evaluate the operation of the main driveway entrance at San Ramon Valley Boulevard, as a result of the required signage improvements in this area, shall be prepared The traffic study shall be prepared by an independent third party traffic specialist. The findings of the traffic study shall be scheduled for review and discussion by the Planning Commission. If the traffic study finds that the required signage improvements do not adequately mitigate circulation conflicts, the PAGE 10 OF RESOLUTION NO. 2000-19 6I~000Z 'ON[ NOI~LflqOSW8 AO II ]9Vd 'I S~O3NVqqH3SI~ posuoo!l g Xq pajeda~d ~q lleqs sugld motuaAo~dtu! gu}pgag Jo oli'eum~p ',aajls IlV · um~p tu~ols oql jo qldap aql alqnop ~,seoI le Jo o1 Ignbo aq llgqs luouaoseo oql. 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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. PAGE 12 OF RESOLUTION NO. 2000-19 APPROVED by the Danville Planning Commission at a Regular Meeting on July 11, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Hunt, Jameson, Osborn, Rapp Moran Chairman APPROVED AS TO FORM: City Attorney Chief of PI~/j f:\planning\application\lup\199\lup99-38\lup99-38 pc staffreport. doe PAGE 13 OF RESOLUTION NO. 2000-19