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HomeMy WebLinkAbout2004-11 EXHIBIT A RESOLUTION NO. 2004-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN DP 2004-10 AND LAND USE PERMIT LUP 2004-07 REQUESTS ALLOWING THE CONSTRUCTION OF AN ADDITION TOTALING 3,290 +/- SQUARE FEET (APN: 196-330-044) WHEREAS, ROLLING HILLS COMMUNITY CHURCH (Owner/Applicant) have requested approval of a Development Plan DP 2004-10 and Land Use Permit LUP 2004-07 requests to construct a 3,290 +/- square foot addition on a 2.57 +/- acre site; and WHEREAS, the subject site is located at 1565 Green Valley Road and is further identified as Assessor's Parcel Number 196-330-044; and WHEREAS, the Town of Danville Single Family Residential District Ordinance requires approval of a Land Use Permit prior to the establishment of a church and any subsequent revisions; and WHEREAS, on April 11,1991, the Planning Commission approved Land Use Permit LUP 91-08 and Development Plan DP 90-28 to construct a 25,000 +/- square foot church facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 8, 2004; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 PAGE 1 OF RESOLUTION NO. 2004-11 Development Plan DP 2004-10 and Land Use Permit LUP 2004-07 per the conditions contained herein, and makes the following findings in support of this action: Findings: Land Use Permit/Development Plan: The proposed land use and development plan will not be detrimental to the to the health, safety, and general welfare of the Town. The land use and development plan will not adversely affect the orderly development of property within the Town. The land use and development plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use and development plan will not adversely affect the policy and goals as set by the 2010 General Plan. The land use and development plan will not create a nuisance and/or enforcement problem within the neighborhood or community. The land use and development plan will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*') 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. PAGE 2 OF RESOLUTION NO. 2004-11 A. GENERAL * 1. This approval is for DeveloPment Plan DP 2004-10 and Land Use Permit LUP 2004-07 requests allowing the addition of four classrooms totaling 3,290 +/- square feet to the north and south elevations of the existing building. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Floor Plans, Roof Plan, and Elevations, labeled "Rolling Hills Community Church," consisting of 5 sheets, dated received by the Planning Division on March 12, 2004. 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 $117.00 (114 notices X 2 mailings X $0.75 per notice). o Prior to construction, the applicant shall obtain all necessary permits from the Town of Danville Building Division. Prior to the issuance of a building permit, the applicant shall submit written documentation indicating compliance with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District. 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), and Saturday hours of 9:00 a.m. to 7:00 p.m., unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Saturday hours are subject to elimination as determined necessary by the Chief Building Official, should the noise be found to be a nuisance to surrounding properties. PAGE 3 OF RESOLUTION NO. 2004-11 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. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away froTM surrounding properties and rights-of-way. LANDSCAPING o 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. ¸1. 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. 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. The street numbers for the 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. PAGE 4 OF RESOLUTION NO. 2004-11 o 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. The trash and recycling area(s) shall also be covered with a roof and bermed so as not to allow storm water run-off and run-on from adjacent areas. 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. Trash and refuse containers shall not be stored in the parking spaces. 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. 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. o 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. 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. PAGE 5 OF RESOLUTION NO. 2004-11 Ho 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. o 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. o Roof drainage from structures shall be collected via a closed pipe and conveyed fo an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. All new utilities required to serve the development shall be installed underground. Ail 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. 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 6 OF RESOLUTION NO. 2004-11 * 3. As a part of the issuance of a building permit for the project, the owner 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 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. APPROVED by the Danville Planning Commission at a regular meeting on June 8, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: City Attorney / Chief of P~g PAGE 7 OF RESOLUTION NO. 2004-11