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HomeMy WebLinkAbout2002-23RESOLUTION NO. 2002-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2002-01 ALLOWING THE CONSTRUCTION OF AN 80-UNIT ASSISTED LIVING SENIOR CARE FACILITY, TOTALING APPROXIMATELY 76,237 +/- SQUARE FEET, AND A VARIANCE REQUEST VAR 2002-27 TO ALLOW THE STRUCTURE TO INCLUDE THREE STORIES DESIGNED WITHIN THE 35-FOOT MAXIMUM HEIGHT LIMIT (APN: 200-161-007 & 008) WHEREAS, Elder Care Alliance has submitted a Land Use Permit request LUP 2002-01 to allow the construction of a 76,237 +/- square foot assisted living senior care facility; and WHEREAS, a Variance VAR 2002-27 has also been requested to allow the structure to include three stories within the allowable 35 foot height limit; and WHEREAS, the subject site is located on the east side of La Gonda Way, at 455 & 471 La Gonda Way and is identified as Assessor's Parcel Number 200-161-007 & 008; and WHEREAS, the Town of Danville R-20; Single Family Residential District requires the approval ora Land Use Permit to allow an assisted living care facility on the subject site; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 10, 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 Planning Commission approve the request; and WHEREAS, the a draft Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant environmental impacts are expected to be associated with this 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 Danville Planning Commission recommends that the Danville Town Council reduce the Commercial Transportation Improvement Program (CTIP) fee for the project by an amount equal to the project's reimbursement towards the applicant's expense to relocate the traffic signal at La Gonda Way and E1 Cerro Boulevard to allow for a left hand turn lane, and, be it further RESOLVED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2002-01 and Variance request VAR 2002-27 per the conditions contained herein, and makes the following findings in support of this action: Findings: Land Use Permit 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 enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. Variance This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-20; Single Family Residential District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: The existing location of the protected oak trees and the site's topographical constraints limit the placement of the building on the site. Allowing a third stoW to be located within the 35-foot maximum height limit allows for development of the site while allowing the majority of the site to remain undeveloped. This variance is in substantial conformance with the intent and purpose of the R-20; Single Family Residential District in which the subject property is located. PAGE 2 OF RESOLUTION NO. 2002-23 COND~IONSOFAPPROVAL Unless otherwise specified, the following conditions shall be complied within 60 days of project approval of the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a Land Use Permit request to allow the construction of an 80- unit assisted living senior care facility, totaling approximately 76,237 +/- square feet, and a Variance request to allow the structure to include three story elevations designed within the 35-foot maximum height limit. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan and Landscape Plan, tiffed "Alma Via of Danville," consisting of 15 sheets, as prepared by HKI&T Architecture, dated received by the Planning Division on August 29, 2002. Civil Plans titled "Eldercare Alliance Alma Via of Danville," consisting of five sheets, as prepared by Luk and Associates, dated received by the Planning Division on August 29, 2002. Landscape Plans labeled "Alma Via of Danville," consisting of four sheets, as prepared by Robert La Roco, dated received by the Planning Division on August 29, 2002. 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. 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 $436.50 (291 notices X $0.75 per notice x two 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. PAGE 3 OF RESOLUTION NO. 2002-23 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. (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 existing chain link fencing around the site shall be replaced with decorative wrought iron fencing and shall include gate access for the SRVFPD along E1 Cerro Boulevard. A detail of the final selection of the fencing material shall be provided with the building permit submittal and shall be reviewed and approved by the Design Review Board (DRB) prior to the issuance of a grading permit. B. SITE PLANN1NG * 1. 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. 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. PAGE 4 OF RESOLUTION NO. 2002-23 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 ~vill be allowed only upon prior written approval from the Planning Division. 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. The three Town-identified protected oak trees shall be retained. A certified arborist shall be retained to prepare a final report with recommendations for construction protection measures. The arborist shall review the construction drawings related to the excavation near the root system of the three trees and shall make the recommendations to ensure protection measures are in place for construction. Further, the arborist shall be present when excavation occurs around the root system of the trees to ensure the recommendations are being followed. PAGE 5 OF RESOLUTION NO. 2002-23 The applicant shall retain as many Oleanders along the E1 Cerro Boulevard frontage as feasibly possible. Oleanders near the building comer may be removed to allo~v for the foundation of the building to be constructed. The applicant shall replace the three Town-protected oak trees removed for site construction with six Redwood trees. These trees shall be identified on the final landscape plan and shall be submitted for final review and approval by staff and the DRB. 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 the gates. Gates will be self-closing and self-latching. Prior to'issuance ofabuilding 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 mn-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 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 prepare a mock up of the building colors for final review and approval by the Design Review Board. Once the colors are in place, the applicant shall contact the Planning Division for an on-site meeting to review and approve the building colors. 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 shall be submitted for review and approval by the Design Review Board. PAGE 6 OF RESOLUTION NO. 2002-23 E. PARKING * 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 Shared Parking Agreement and Management Plan, which address the shared parking between the church facility and the senior project. The applicant shall submit this plan for review and approval by the Planning Division, within 30 days of the effective date of this approval. Two additional parking spaces shall be provided on-site. Afier further study of the two parking space locations, the applicant shall identify on the building permit submittal the final location for the two additional parking spaces, which shall be subject to review and approval by the Planning Division. F. GRADING * 1. 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. Consistent with Condition C.7, a certified arborist shall be present on the site during all grading activity to ensure tree preservation measures are being implemented to protect the three heritage Town-identified protected oak trees. PAGE 7 OF RESOLUTION NO. 2002-23 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. 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. The applicant shall overlay La Gonda Way to the centefline, 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. PAGE 8 OF RESOLUTION NO. 2002-23 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 water system in accordance with the requirements of District. * 2. 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. * 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. * 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 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. Ifa 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 PAGE 9 OF RESOLUTION NO. 2002-23 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. 12. A Traffic Signal Re-location Plan shall be prepared for the signal relocation and improvements at the intersection of E1 Cerro Boulevard and La Gonda Way. This plan shall be reviewed and approved by the Transportation Division prior to the issuance of a grading permit for the project. I. MISCELLANEOUS * 1. 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. * 3. 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. The project shall conform to the Town's Inclusionary Housing for Affordable Residential Housing Ordinance. The developer shall provide 16 of the projects units to be rented at a Below Market Rate as defined by the Ordinance, to the satisfaction of the Planning Division. A formal agreement shall be prepared, reviewed and approved by the Town Council, and then recorded on the title of the project site, prior to recordation of the final map. PAGE 10 OF RESOLUTION NO. 2001-30 APPROVED by the Danville Planning Commission at a regular meeting on September 10, 2002, by the following vote: AYE S: NOES: ABSTAINED: ABSENT: Moran, Combs, Graham, Condie, Legg and Storer Jameson and Osborn Chairman APPROVED AS TO FORM: City Attorney Chief o P~ning F:/planning/applications/lup/2002-01/Staff Report for Alma Via.doc PAGE 11 OF RESOLUTION NO. 2001-30