Loading...
HomeMy WebLinkAbout2006-21 RESOLUTION NO. 2006-21 APPROVING LAND USE PERMIT REQUEST LUP 2002-19 AND DEVELOPMENT PLAN REQUEST DP 2002-25 ALLOWING A MAXIMUM OF 12 RESIDENTS FOR AN IN-HOME SENIOR CARE FACILITY AND ALLOWING A 1,442 +/- SQUARE FOOT ADDITION TO THE FACILITY (APN: 207-140-020) WHEREAS, JOHNNY AND VICTORIA LINGBANAN (Owners) have requested approval of Land Use Permit request LUP 2002-19 and Development Plan request DP 2002-25 to allow an increase from six to a maximum of 12 residents for an in-home senior care facility and allowing an addition of 1,442 + / - square feet to the facility; and WHEREAS, the subject site is located at 931 Camino Ramon Road and is further identified as Assessor's Parcel Number 207-140-020; and WHEREAS, the Town of Danville M-9; Multiple Family Residential District requires approval of a Land Use Permit prior to the establishment of a maximum 12 person senior care facility; and WHEREAS, the Town of Danville Municipal Code require approval of a Development Plan prior to the modification any part of the exterior of the project site; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on August 15,2006; and WHEREAS, the project has been found to be Categorically Exempt from 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 RESOL VED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2002-19 and Development Plan request DP 2002-25 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 2006-21 Land Use Permits/Development Plan: 1. The proposed land use and development will not be detrimental to the to the health, safety, and general welfare of the Town because the service provided would provide a residence and care for senior citizens. 2. The land use and development will not adversely affect the orderly development of property within the Town because the proposed square footage is in conformance with the allowable development in the applicable zoning district. 3. The land use and development will not adversely affect the preservation of property values and the protection of the tax base within the Town, because the land use and development is consistent with the surrounding land uses, which include residential and day care. 4. The land use and development will not adversely affect the policy and goals as set by the 2010 General Plan, because housing for seniors meets the General Plan goal of providing opportunities for new housing that meets community needs. 5. The land use and development will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The land use and development 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 building permits or the Town's finalling of the building permit, as determined by the Town. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for Land Use Permit request LUP 2002-19 and Development Plan request DP 2002-25 allowing an increase from six to a maximum of 12 residents for an in-home senior care facility and allowing an addition of 1,442 + / - square feet to the facility. 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. 2006-21 * * * a. Site Plan, Floor Plan and Elevations, labeled "931 Camino Ramon," consisting of 3 sheets, as prepared by Rommel, dated received by the Planning Division on September 22, 2003. b. Civil Plan, labeled "931 Camino Ramon," consisting of one sheet, as prepared by Ventura Engineering Services, dated received by the Planning Division on September 22, 2003. 2. 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 $243.00 (162 notices X 2 notices X $0.75 per notice). 3. Prior to construction, the applicant shall obtain all necessary permits from the Town of Danville Building Division. Prior to the issuance of encroachment or 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. 4. 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. 5. 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. 6. 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. PAGE 3 OF RESOLUTION NO. 2006-21 7. All dilapidated property line fencing around the site shall be removed. Where necessary, new wood fences shall be constructed with 2"x 8" pressure treated kickboards and shall utilize pressure treated Douglas Fir or Redwood fence posts. In addition, the bottom rail and top rail shall be constructed of 2"x 4" boards with l"x I" nailers on each side of the fence boards, rather than using dadoed 2"x 4" top and bottom rails. 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 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. The final landscape plans shall include additional plantings along the north property line and the front elevation of the building with the intent to minimize the visual impact of the parking pavement area. 2. 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. 3. All trees shall be a minimum of IS-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. 4. 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. 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. PAGE 4 OF RESOLUTION NO. 2006-21 * 2. 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. 3. Prior to the Town's final approval of the building permit, the applicant shall be required to repaint the exterior of this facility. The applicant shall prepare mock up colors for the building for review and approval by the Planning Division. 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. 4. Prior to issuance of a building permit, the applicant shall submit a separate Sign Review application to the Town for permanent identification signage. All temporary signs shall be removed prior to the Town's final approval of the building permit. E. PARKING 1. 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. 2. The compact car space shall be clearly designated with appropriate pavement marking or signage. The compact space shall be no less than 8 feet by 16 feet in size, including allowable overhang. 3. The existing two-car garage shall be maintained as staff parking. The intent is to allow a sufficient number of on-site spaces to be available for visitor parking. 4. The project improvement plans, including the grading and drainage plans, shall be revised to agree with the site plan and to depict proposed retaining walls for the parking lot, if applicable, subject to the review and approval of the City Engineer. F. 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 5 OF RESOLUTION NO. 2006-21 * * * * * 2. The applicant as may be required by the City Engineer shall install street signing. 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. 3. 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. 4. 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. 5. 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. G. 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 PAGE 6 OF RESOLUTION NO. 2006-21 * * * * 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. 5. 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. 6. 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. 7. All new utilities required to serve the development shall be installed underground. 8. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. 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. 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. 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. PAGE 7 OF RESOLUTION NO. 2006-21 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 August 15, 2006, by the following vote: A YES: NOES: ABSTAINED: ABSENT: Moran, Morgan, Nichols, Osborn, Storer Combs, Condie, Graham ~~~ Chair APPROVED AS TO FORM: Vi02~.c~ (0 .~ City Attorney .. PAGE 8 OF RESOLUTION NO. 2006-21