HomeMy WebLinkAbout2001-24RESOLUTION NO. 2001-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING A DEVELOPMENT PLAN (DP 2000-22) AND LAND USE
PERMIT (LUP 2000-24) REQUEST TO CONSTRUCT AND OPERATE A 16,236 +/-
SQUARE FOOT YOUTH FACILITY BUILDING AT 2615 CAMINO TASSAJARA
(APN: 215-090-015)
WHEREAS, East Bay Fellowship has requested approval of a Development Plan and Land
Use Permit allowing the construction and operation of a 16,236 +/- square feet building to be
used as a youth facility on a 6.73 +/- acre site; and
WHEREAS, the subject site is located on the northeast comer of Sherbume Hills Road and
Camino Tassajara at 2615 Cam/no Tassajara, and is further identified as Assessor's Parcel
Number 215-090-015; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires the
approval of a Development Plan and Land Use Permit prior to the construction of a facility
providing a recreation area for youth-related church activities on the subject site; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
July 10, 2001; 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 a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that,, as modified through project revisions or recommended
conditions of approval, no significant environmental impacts are anticipated to be associated
with the project; 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 Development
Plan request DP 2000-22 and Land Use Permit request LUP 2000-24, per the conditions
contained herein, and makes the following findings in support of this action:
FINDINGS OF APPROVAL
Development Plan Findings
1. The proposed development is in conformance with the goals and policies of the Danville
2010 General Plan.
2. The proposed development is in conformance with the zoning district in which the
property is located.
Land Use Permit Findings
1. The proposed land use will not be detrimental to the to the health, safety, and general
welfare of the Town.
2. The land use will not adversely affect the orderly development of property within the
Town.
3. 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 2010 General
Plan.
5. 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.
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. Mitigation Measures are in Italics.
A. GENERAL
* 1. This approval is for a 16,236 +/- square foot youth facility for East Bay
Fellowship Church. 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. 2001-24
Site Plan, Floor Plans, Building Elevations, Landscape Plans, and Site
Survey, titled "East Bay Fellowship New Youth Facility," consisting of 14
sheets, as prepared by Davidson and Seals, and dated received by the
Planning Division on June 22, 2001.
The applicant shall pay 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 Transportation
Improvement Program (TIP), Park Land In-lieu and Child Care Facilities fees,
Flood Control & Water Conservation District fees, and Plan Checking and
Inspection Fees, Benefit Districts and Density Increase fees.
Prior to the issuance of a building permit, whichever occurs first, the applicant
shall reimburse the Town for notifying surrounding neighboring residents of the
public hearing. The fee shall be $ 66.75 (89 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 August 31, 2000.
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 (project has been found to be "de Minimus," indicating that there is no
potential for an adverse effect on wildlife resources or the habitat upon which
the wildlife depends). This check shall be made payable to the Contra Costa
County Recorders Office and shall be submitted to the Town within five days of
project approval.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division notified,
and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified.
Site work in this area shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and to outline appropriate
mitigation measures, if they are deemed necessary. If prehistoric archaeological
PAGE 3 OF RESOLUTION NO. 2001-24
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* 12.
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. (Monday through Friday), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the applicant shall install a minimum 3' x 3'
sign at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the j ob.
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 workdays.
Dust-producing activities shall be discontinued during high wind periods.
If the applicant intends to construct the project in phases, then the first submittal
for building permits shall be accompanied by an overall phasing plan. This plan
shall address: off-site improvements to be installed in conjunction with each
phase; erosion control for undeveloped portions of the site; timing of delivery
of emergency vehicle access; and phasing of project grading. The phasing plan
shall be subject to the review and approval of the City Engineer and the Chief
of Planning.
As part of the initial submittal for the building permit review process, the
applicant shall submit a written Compliance Report detailing how the conditions
of approval for this project have been complied with. This report shall list each
condition of approval followed by a description of what the applicant has
PAGE 4 OF RESOLUTION NO. 2001-24
provided as evidence of compliance with that condition. The applicant must
sign the report. The report is subject to review and approval by the Chief of
Planning, and may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
13.
Planning Division sign-off is required prior to final building inspection sign-off
by the Building Division.
14.
An Operation Plan shall be submitted to the Town for final review and approval
by the Planning Division prior to the issuance of a building or grading permit.
The Plan shall be substantially consistent with the draft Operation Plan
submitted by the property owner (i. e. letter dated February 13, 2001 from Ray
Meeks, Administrative Pastor East Bay Fellowship). The Plan shall outline the
intended uses of the facility, including the type, days of the weeks, and times of
activity, and shall demonstrate that large events held in the multipurpose rooms
or the two buildings would not be conducted simultaneously. Unless otherwise
authorized through the Plan, simultaneous use of the various church facilities at
this location shall be limited to a level of intensity, as calculated pursuant to the
Town's parking regulations, not in excess of 125% of the approved seating
capacity of the main church sanctuary.
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
right-of-ways.
The location of any new or modified 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.
LANDSCAPING
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 plato 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
PAGE 5 OF RESOLUTION NO. 2001-24
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Town of Danville Landscape Ordinance #91-14 and landscape guidelines and
shall be designed to avoid runoff and overspray.
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.
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.
If site construction activity occurs in the direct vicinity of the on-site and off-
site protected trees, a security deposit in the amount of the assessed value of the
tree(s) (calculated pursuant to the Town's Tree Protection Ordinance) shall be
posted with the Town prior to the issuance of a grading permit or building
permit to maximize the probability that the affected trees will be retained in
good health. The applicant shall be required to secure an appraisal of the
condition and value of all affected trees. The appraisal shall be done in
accordance with the then current addition of the "Guide for Establishing Values
of Tree and Other Plants," by the Council of Tree and Landscape Appraisers
under the auspices of the International Society of Arboriculture. The appraisal
shall be performed by a Certified Arborist, and shall be subject to review and
approval by the Chief of Planning. A tree preservation agreement shall be
prepared that outlines the intended and allowed use of funds posted as a tree
preservation security deposit. That portion of the security deposit still held by
the Town two full growing seasons after project completion shall be returned
upon verification that the trees covered by the deposit are as healthy as can be
provided for under the terms of the tree preservation agreement.
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
PAGE 6 OF RESOLUTION NO. 2001-24
* 3.
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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 mn-off and mn-on from
adjacent areas. The area drains for the trash and recycling area(s) shall be
connected to the sanitary sewer, not the storm drain system.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
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. Six full sized sets of construction drawings for the project shall
be submitted to the Planning Division for design review concurrent or prior to,
the applicant initiating the Building Division plan check process.
The existing church building shall be re-roofed with the same roof material as
proposed for the youth facility building, prior to receiving a final building
inspection for the youth facility building.
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.
Regulatory signage/curb painting for the non-parking side of the interior loop
roadway shall be provided, if deemed necessary, to the satisfaction of the San
Ramon Valley Fire Protection District and the City Engineer.
4. Modifications to existing parking lot landscape medians shall occur in
PAGE 7 OF RESOLUTION NO. 2001-24
conjunction with this project approval to assure provisions of 25-foot minimum
clear-width end driveway parking isle dimension. Specifically, the landscape
medians at the south end of the three easterly parking rows shall be pulled back
eight feet (with a commensurate loss of five parking spaces) to allow the east
drive-aisle at the south end of the parking rows to be sized to accommodate two-
way traffic flow (i.e. a minimum width of 25-feet).
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
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). If construction does occur
PAGE 8 OF RESOLUTION NO. 2001-24
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.
* 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). The SWPPP shall supplement the Erosion Control
Plan and project improvement plans. These documents shall also be kept on-site
while the project is under construction. A NPDES construction permit may be
required, as determined by the City Engineer.
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.
PAGE 9 OF RESOLUTION NO. 2001-24
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.
Any damage to street improvements now existing or done during construction
on or adjacent to the subject property shall be repaired to the satisfaction of the
City Engineer, at full expense to the applicant. This shall include slurry seal,
overlay or street reconstruction if deemed warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standard plans
and specifications of the Development Services Department and Chapters XII
and XXXI of the Town Code. At the time project improvement plans are
submitted, the applicant shall supply to the City Engineer an up-to-date title
report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water
system in accordance with the requirements of District. The District's initial
comments on this project are summarized within their memorandum dated
September 7, 2000.
All wastewater shall be disposed into an existing sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District sewer system in
accordance with the requirements of the District.
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.
PAGE 10 OF RESOLUTION NO. 2001-24
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 systems 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.
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 wilt
require Planning Commission approval through a Development Plan and/or
Land Use Permit review process.
PAGE 11 OF RESOLUTION NO. 2001-24
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 these
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.
3. Use of a private gated entrance is expressly prohibited.
As a part of the issuance of a demolition permit and/or building permit for the
project, the developer shall submit a recycling plan for building and construction
materials and the disposition of green waste generated from land clearing on the
site. Prior to obtaining framing inspection approval for the project, the
applicant/owner shall provide the Planning Division with written documentation
(e.g. receipts or records) indicating that waste materials created from the
demolition of existing buildings and the construction of new buildings were/are
being recycled according to their recycling plan, or in an equivalent manner.
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.
PAGE 12 OF RESOLUTION NO. 2001-24
APPROVED by the Danville Planning Commission at a regular meeting on July 10, 2001, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Osborn, Storer, Combs, Jameson, Moran, Graham, Legg
City Attorney I
f:\planning\application\dp\dp2000-22\staff reportdp2000-22.doc
PAGE 13 OF RESOLUTION NO. 2001-24