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HomeMy WebLinkAbout2001-31RESOLUTION NO. 2001-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2001-09 TO ALLOW THE CONTINUED USE OF A CHILDCARE FACILITY AT 432 LA GONDA WAY (APN: 200-161-011) WHEREAS, St. Isidore's Church has submitted a Land Use Permit LUP 2001-09 requesting authorization to allow the continued operation of a childcare facility to be used in conjunction with a church, conducted at St. Isidore Church; and WHEREAS, the subject site is located on the east side of La Gonda Way, at 432 La Gonda Way, and is further identified as Assessor's Parcel Number 200-161-011; and WHEREAS, the Town of Danville P-l; Planned Unit Development District requires the approval of a Land Use Permit to allow church-related childcure on the subject site; and WHEREAS, the Planning Commission did review the project at a noticed public heating on September 25,2001 and continued the item to resolve concerns expressed related to the removal of the existing Town-identified protected Eucalyptus tree, site plan circulation and parking, noise, and visual impacts for surrounding residents; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 27, 2001 and continued the item to address the circulation pattern of the church campus, and look at alternatives to reduce congestion on-site and on La Gonda Way; and WHEREAS, the Planning Commission did review the project at a noticed public heating on Januat~j 8, 2002; 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 Plarming Commission approve the request; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 2001-09, per the conditions contained herein, and makes the following findings in support of this action: LAND USE PERMIT FINDINGS 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. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. The land use will not create a nuisance and/or enfomement 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. A. GENERAL * 1. This approval is for the continued use of a childcare facility for St. Isidore's Church, located at 432 La Gonda Way. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan (Alternative 5), titled "St. Isidore's Church Parking Improvements," consisting of six sheets, as prepared by Kerry Engineering, Inc. and dated received by the Planning Division on November 29, 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. PAGE 2 OF RESOLUTION NO. 2001-31 Within 30 days of the effective date of this permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing for this application. The reimbursement amount shall be $220.50 (98 notices X $0.75 per notice x three notices). Prior to the issuance of encroachment or building permit, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been met. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the 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. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction activity involving the subject property. The applicant shall obtain all necessary building permits to legalize the conversion of the garage into conditional space, prior to this area being used as part of the childcare facility. The perimeter fencing around the children's play area shall be replaced with see through fencing which is a minimum of five feet in height. 10. A new solid wood fence seven feet in height shall be constructed along the east property line. This fence shall be designed and constructed as depicted in the project plans, identified as "Good Neighbor Fence Type 1,' and dated received by the Planning Division on November 29,2001. PAGE 3 OF RESOLUTION NO. 2001-31 11. The hours of operation for the childcare shall be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:30 a.m. to 12:00 p.m. on Sunday. 12. The maximum number of children being cared for at the childcare facility shall be limited to 45. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties or rights-of-way. C. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and appi'oval by the Planning Division within 30 days of project approval that reflect the approved alternative site plan design. 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. 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 PAGE 4 OF RESOLUTION NO. 2001-31 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. Within 30 days of this approval, the property owner shall contract a certified arborist to prune the existing Town-identified protected Eucalyptus tree. This tree shall be pruned to remove dead or decaying branches and thinned to sustain healthy growth and reduce danger of falling branches. 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. 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 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 shall be connected to the sanitary sewer, not the storm drain system. The trash enclosure shall be shifted north into the proposed parking space adjacent to it, eliminating one parking space on the proposed project plans, to allow for adequate site clearance for vehicles exiting the rear parking lot of 428 La Gonda Way. 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. The applicant shall submit paint colors to the Town Planning Division for final approval, prior to re-painting the building in the future. The paint scheme proposed shall match the existing theme of the St. Isidore Church campus. PAGE 5 OF RESOLUTION NO. 2001-31 If signing for the development is desired, a sign permit application shall be submitted to the Town for review under a separate application. Future modifications to external building materials, including roof material, paint schemes, shall match the existing church facility. The applicant shall submit requested modifications to the Town Planning Division for review. E. PARK1NG * 1. 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 through driveway connection shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. The applicant shall prepare a Parking Management Plan, which addresses the onsite parking over all St. Isidore's church-related properties along La Gonda Way. This plan shall outline the allowed uses of the each parking area. The rear parking area at 428 La Gonda Way shall be dedicated for employee parking only during the Monday through Friday and may be use for overflow parking for occasional large scale events during the week, on holidays and weekends (such as holiday church services, weddings, funerals, etc. as deemed appropriate by the Town). The front parking area at 428 La Gonda Way shall be designated for the existing tenant uses and for overflow for the childcare center at 432 La Gonda Way during the day. In the evening, the front parking area shall be used by guests attending meetings at 428 La Gonda Way, as well as the main church parking area. The Parking Management Plan shall be submitted to the Town for review within 30 days of the effective date of this approval. This condition for the Parking Management Plan, which affects three sites (435, 440, 432 & 428 La Gonda Way), serves as a minor amendment to previously approved LUP 98-12 & LUP 95-44 fur 440 La Gonda Way. Future modifications of the use of the site, to the parking lot circulationpattern, or to the approved Parking Management Plan are subject to review and approval by the Planning Division. The Chief of Planning at his discretion may forward future modifications to the Planning Commission for consideration and action. PAGE 6 OF RESOLUTION NO. 2001-31 GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 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. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete 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. 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. PAGE 7 OF RESOLUTION NO. 2001-31 The applicant shall overlay La Gonda Way to the centerline, with such improvements spanning the length of the property frontage for the subject property and the frontage for the property involved with LUP 2001-09, as 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. 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. 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. PAGE 8 OF RESOLUTION NO. 2001-31 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. Ifa storm drain must cross a lot, orbe 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. ll. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. 2. Use of a private gated entrance is expressly prohibited. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. PAGE 9 OF RESOLUTION NO. 2001-31 The applicant shall be responsible to pay a fair share portion for the signal modifications at the comer of La Gonda Way and E1 Cerro Boulevard, which include the signal relocation to create protected north/south bound left hand turn lanes. Preliminary cost estimate of signal modification and roadway improvements is $90,657. The signal relocation portion of this cost is $25,000. The fair share portion responsibility for the property owner of 432 La Gonda Way for the signal relocation cost would be $1,346 (total acreage of three parcels divided by signal relocation cost times acreage of each parcel). APPROVED by the Danville Planning Commission at a regular meeting on January 8, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Graham, Condie, Legg, Moran, Storer, Osborn and Combs Jameson ~2 }/~ ~?L~(---~ Chairman APPROVED AS TO FORM: City Attorney PAGE 10 OF RESOLUTION NO. 2001-31