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HomeMy WebLinkAbout121-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Granting a rezoning of Land ) ORDINANCE NO. 121 from P-1 to a P-1 District and ) Amending the Zoning Map of the Town ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the 1.5+-- acre parcel (199-350-029) located on the west side of Railroad Avenue between Linda Mesa Avenue and Prospect Avenue, shown on attached Exhibit B, is rezoned from P-1 to P-1 zoning district. Rezoning is based upon the approved revised Preliminary and Final Development Plans for PUD 87-2, labeled Victorian Village, as conditioned by the requirements listed in Exhibit A. SECTION 2. Zoning Map The zoning map of the Town of Danville is amended accordingly. SECTION 3. Publication The Town Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date This ordinance becomes effective 30 days after its adoption. The zoning designations become effective upon annexation of the property to the Town of Danville. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held on May 18, 1987 and was adopted and ordered published at a meeting of the Council held on June 1, 1987 by the following vote: AYES: Kennett, Lane, McNeely, Offenhartz, Schlendorf NOES: None ABSTAIN: None ABSENT:None R~~~ CITY CLE EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL PUD 87-2 - VICTORIAN VILLAGE FINDINGS 1. PUD 87-2 complies with the guidelines set forth in the Downtown Master Plan. 2. The proposal maximizes pedestrian-oriented retail with underground parking which meets a community goal for generating sales tax revenue in Danville. 3. The project is responding to a demand for more retail in Danville and is located in an area planned for commercial development. 4. PUD 87-2 as conditioned meets all requirements for environmental quality according to the California Environmental Quality Act. CONDITIONS OF APPROVAL A. General 1. The development shall be substantially as shown on the project drawings labeled Victorian Village dated 4/14/87, as prepared by Jerry Loving and marked Exhibit "D" on file with the Planning Department except as modified by the following conditions of approval. 2. The developer shall pay any and all city 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 permit is secured. Notice should be taken specifically of the City's Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Flood Control District. 3. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District. 4. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped until a professional aroheologist certified by the Society of California Archeology and/or the Society of 1 Professional Archeology has had an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. 5. Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. and 5:30 p.m., unless otherwise approved in writing by the City Engineer. 6. Eighty five percent of the ground floor use of the building shall be limited to retail or restaurant uses as defined by District 2 in the Downtown Master Plan. The remaining fifteen percent shall be composed of other uses allowed in District 2 (District 2 uses include all of those uses allowed in District 1). 7. Health Services - Environmental Health Division approval is required for any proposed food establishments prior to construction or installation of use. 8. All proposed and future restaurant uses shall be equipped with appropriate filtering systems that eliminate or minimize the impact of smoke and odor on nearby residential development. 9. The developer shall contribute the estimated cost of $23.50 per linear foot of property frontage along the Southern Pacific Railroad Right-of-Way for constructing the proposed railroad right-of-way trail which backs onto the project. Such contribution shall be used to construct trail related improvements (i.e., the actual trail, drainage facilities, etc.) 10. PUD 84-3 becomes void upon approval of this project (PUD 87-2) . B. Site Planninq 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 2. The location of any pad-mounted transformers shall be in a vault room, underground or located so as to be totally hidden from view along Railroad Avenue. The location of any pad-mounted transformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. ~gh~ l~gh~ing and app~D~iat~ ~ouritu hardware shall be incorporated into the project architecture and site plan (such as deadbolts, correct hanging of doors and placement of windows). 2 4. A decorative fence shall border the project boundary along the Southern Pacific right-of-way. 5. Street lighting designs shall be approved by the Planning Department prior to issuance of a building permit. C. Landscaping 1. A final landscaping plan shall be submitted for review and approval by the Planning Department prior to the issuance of a building permit. 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All plant materials in planters shall be maintained in good appearance. 3. All trees shall be a minimum of 15 gallon container size, but some shall be larger, and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. All street trees shall be a minimum of 24" box. 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 5. All existing trees on the site (other than those shown on the plans to be removed) shall be preserved to the extent practicable; removal will be allowed only upon written approval of the Planning Department as indicated on final plans. 6. Landscaping shall complement the existing trees along the Southern Pacific railroad right-of-way boundary and be subject to approval of the Planning Department. 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 structure(s). The highest point of any roof-mounted equipment shall not extend above the top of the equipment well. Any such roof-mounted screening or wells shall be treated as an architectural feature which is consistent with and integrated into the building. Details for how such screening is to be accomplished shall be reviewed and approved by the Planning Department prior to issuance of a building permit. This condition shall apply to this appllca~ion and any fu%ur~ modifioations to this building or the uses thereon. 3 2. All trash and refuse shall be contained totally within enclosures interior to the main structure(s). A third trash enclosure shall be located in the southern building if a restaurant is located in the southern building. 3. The street number(s) of the building(s) shall be posted so as to be easily seem from the street at all times, day and night. 4. If signing for the development is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. It shall generally conform with the sign theme presented in the proposed plans. No sign or other obstruction shall be placed within the 25' sight triangles at the parking structure access points. 5. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Department and the Design Review Board for approval. 6. This project shall contribute to an Art in Public Places Program by commissioning the construction and placement of an appropriate, professionally crafted sculpture or work of art on the property. The design and location of said sculpture or work of art shall be reviewed and approved by the Design Review Board prior to final sign-off of a building permit. 7. A lighting plan shall be approved by the Design Review Board prior to issuance of a building permit. 8. All streetscape furnishings shall conform with the Street Beautification Guidelines. 9. There shall be more variety in roof shapes in the northern building and the design shall be subject to approval by the Design Review Board. E. Parking 1. 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 a 2' overhang of automobiles. 2. Where authorized, compact car spaces shall be clearly designated with appropriat~ pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size including an allowable 2' overhang and shall not exceed 30% of the total required parking. 4 3. The island parking configuration on the north end shall be redesigned to eliminate conflicting stall angles which may complicate back-up maneuvers. The redesign shall be approved by the Planning Department. 4. Underground parking areas shall be properly illuminated to assure safety. 5. The parking requirements for Victorian Village will be as follows: a. One hundred forty five (145) parking spaces are being provided on-site to meet the required parking for 85% retail/restaurant uses and 15% other uses. The number of parking spaces provided in this P-1 zone are slightly lower than required in standard zoning due to the allowance for shared parking among uses within the center. b. The 85% retail/restaurant use is based upon a parking requirement of one space per 250 gross square feet. If a use which requires less than 1 space per 250 gross square feet is located within the 85% retail/restaurant portion of the project, any surplus parking may be credited to the remaining 15% of square footage. This may slightly increase the 15% ratio of other uses permitted. c. If additional parking is required, it shall be purchased and provided off-site through approval of a variance by the Town Council and Planning Commission. 6. The Prospect Avenue access shall be one-way in only. "No Exit" signs shall be posted and exit restricting devices shall be installed inside the structure. 7. A turn-around area at the south end of the parking structure shall be designed for two-way circulation. F. Grading 1. Any grading on adjacent properties will require written approval of those property owners affected. 2. Areas undergoing grading, and all other construction activities shall be watered or treated with other dust control measures to prevent dust. These measures shall be approved by the city Engineer and employed at all times as conditions warrant. 3. An engineered foundation report shall be submitted and approved by the Engineering Department. The report shall include dewatering operation impacts on surrounding buildings, streets and sidewalks. 5 4. A final grading and drainage plan shall be submitted for Engineering Department review and approval prior to issuance of any permits for site work. G. Streets 1. The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. 2. All street signing shall be installed by the developer as required by the Town. This shall include, but is not necessarily limited to, "Stop", "No Parking", "Not a Through Street", and street name signs. Traffic signs and parking restriction signs shall be approved by the Police Department and the Planning Department. 3. "Stop" signs shall be located at the exits of the parking structures and "Stop" shall be painted on the pavement. 4. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the city Engineer. 5. Handicapped ramps shall be provided across the main parking structure entry and in other locations as required by the City Engineer. 6. This development shall be provided with a safe and effective circulation system for pedestrians. A minimum of 10' wide pavement treatment shall be required across Railroad Avenue and across the main parking structure entry. These facilities shall be designed and installed to the satisfaction of the city Engineer. 7. A non-obstructed 25' sight distance triangle shall be provided at both access points of the project. 8. Railroad Avenue shall be widened along the frontage of this parcel to provide a 48' curb to curb street (requires relocating the westerly curb 8'). 9. Sufficient Railroad Avenue Street right-of-way shall be dedicated to accommodate the street widening road (#8 above) and the proposed meandering sidewalk. 10. The Railroad Avenue street width and right-of-way will require additional widening beyond that identified in #8 and ~9 above %o provide le~ %urn bay~ at the Linda Mesa and Prospect Avenue intersections. 6 11. Street lighting shall be installed on Railroad Avenue and Prospect Avenue as required by the City Engineer. 12. Sidewalk on both Railroad Avenue and Prospect Avenue shall be a minimum of 4' wide and pedestrian access easements shall be required for public sidewalks proposed outside the public street right-of-way. 13. Existing utilities shall be relocated as required to provide for the new street improvements. 14. The northerly side of prospect Avenue shall be improved to provide an ultimate 40' curb to curb street with right-of-way beyond the curb for sidewalk and utilities. These improvements shall be installed to the satisfaction of the City Engineer. From records available it appears additional right-of-way may be required to accommodate the street. 15. Public improvement plans prepared by a civil engineer shall be required for all street construction. 16. 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Infrastructure 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 2. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District 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 District. 4. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. The developer shall mitigate the impact of additional stormwater runoff from this development on the downstream cre~k by ~h~r ~f the followinq m~thodg! a. Remove one cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavating material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. or, at the option of the developer, b. Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 6. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the Town. 7. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 8. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 9. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 10. 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. 11. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 12. The developer 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 to permanent road and drainage improvements. 13. All utilities required to serve the development shall be installed underground. APPROVED BY THE TOWN OF DANVILLE TOWN COUNCIL ON JUNE 1, 1987 Ch nnin ccng2