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HomeMy WebLinkAboutDP 87-01FINDINGS AND CONDITIONS OF APPROVAL THE VILLAGE SHOPPING CENTER FINDINGS Development Plan (DP 87-1) The Project is in conformance with the Downtown Master Plan and the Danville General Plan. The project as conditioned does not negatively impact adjacent developments. The elimination of one drive on Town and Country Drive will lessen the traffic impacts on Town and Country Drive. The project is consistent with the purpose of the RB-S2 zoning district, lit meets all neighborhood setback and parking requirements of the original zoning approval. The site plan and architectural features, as conditioned, are compatible witlh other uses in the vicinity. The relocation of Building A will adequately buffer the commercial activities in the center from the adjacent neighborhood. Variance (VAR 87-2) The variance to allow compact parking does not constitute a special privilege inconsistent with other commercial developments within the Town or general region where compact sized cars comprise a significant portion of the total number of vehicles driven. Due to a limited amount of area on the existing commercial site, the relocation of Building A limits the area where additional parking can be provided. The variance meets the intent and purpose of the land use district since the equivalent number of existing spaces are being provided in the new plan; only additional compact-sized stalls are requested. A reciprocal parking and access agreement exists between the owners of the Village and the Town and Country Shopping Center. This agreement allows for joint use of parking stalls between the centers and would function to relieve any overflow parking demand The. Village would require. 1 CONDITIONS OF APPROVAL A. General The development shall be substantially as shown on the project drawings labeled The Village as prepared by George Swallow & Associates, Inc. and marked Exhibit "B" on file with the Planning Department except as modified by tlhe following conditions of approval. The developer 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 permit is secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Flood Control District. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District. If the 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 archeologist certified by the Society of California Archeology and/or the Society of Professional Archeology has had an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. e Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. Se Health Services - Environmental Health Division approval of plans is required for any proposed food establishments prior to construction or installation. An improvements bond shall be required $~/~/~ ~~ ~ior to final occupancy of buildinq A in order to complete the required landscaping and structural improvements contain herein within 60 days. All ~~ night clubs and evening entertainment uses shall be prohibited from locating adjacent to Town and c~un~y Drlv,~ prior ~o m~vln~ Buildin~ A. This provision becomes effective for all new and existinq establishmen~=s following the adoption of this Development Plan and does not apply to restaurant uses which include a bar as a part of that use. Ail uses located adjacent to Town and Country Drive shall be prohibited from operating past 10=00 p.m.', seven days a ~eek. 10. Ail outdoor sales or vending shall be required to obtain a Land Use Permit from the Planning Department. 11. Hours of trash pick-up, cleaning and .sweeping shall be limited to 7:00 a.m. to 10:00 p.m. Site Planning The location of any additional pad mounted transformers shall be subject to approval by the Planning Department prior to the .issuance of a building permit. Generally speaking such transformers shall not be located between any street and the front of a building. The proposed 5 flag poles shall be limited to 25' in height. Landscaping A final landscaping plan shall be submitted for review and approval by the Design Review Board and the Planning Department prior to the issuance of a ~~ occupancy permit. Additional landscape treatment (i.e. trellis and/or vines) shall be placed along the back side of building A. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All plant materials in planter boxes shall be maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. The eXisting trees between the Village and the Town and Country Shopping Center and all other existing trees shall be preserved to the extent practicable; removal will be allowed only upon written approval of the Planning Department. Only those trees shown on the plans "to be removed" are authorized for removal as a part of this application. 3 Additional landscaping shall be located along the property fence along buildings D & C in order to screen the adjacent residence. D. Architecture Ail existing 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. All modifications to the building in the future shall be treated as an architectural feature which is consistent with and integrated into the building. The fixture details shall be reviewed and approved by the Planning Department prior to issuance of any permits. Ail trash and~ refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) 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. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. The Village roof sign shall be removed entirely and one additional entry sign shall be allowed at the southerly entry drive from the Town and Country Shopping Center. This entry sign shall conform with the sign regulations set forth in the approved sign program (SR 86-3) for the center and shall be subject to sign review approval by the Planning. Department. No ~$~$~ signage on buildings shall be allowed along Town and Country Drive. The location of the entry sign along Town and Country Drive shall be subject to Planning DeDartment approval. If additional signing for the development is desired, a separate application shall be submitted to the Town for consideration. Samples of any change in building color and materials shall be submitted to the Planning Department and Design Review Board for review and. approval. Details on all street furniture, bollards, planters and light fixtures not shown in these plans shall be submitted for review and approval by the Planning Department and[ the Design Review Board. Any new restaurant uses either presently existing or in the future shall be equipped with the best available ~~~ filtering systems to eliminate or minimize the impact of smoke and odor upon the nearby residential area· Existinq uses shall have 90 days to comply with these.requlations. 10. This project shall contribute to an Art in Public Places Program by commissioning the construction and placement of an appropriate, professionally crafted sculpture or work of art on the property. The design and location of said sculpture or work of art shall be reviewed and approved by the Design Review Board prior to ~$~/~!/~/~~/~A~ final siqn-off of a buildinq permit. 11. The existing blue and white metal awning over the escalators shall be painted to match the building colors. 12. A sound absorption material shall be placed inside the equipment well. on Building A to buffer noise from the mechanical equipment if the noise levels exceed those prescribed by the proposed noise ordinance if adopted. 13. Displays, windows or public entries (other than service entries) will not be allowed on the street frontage of Building A. E. Liqhtinq The tvDe, color and intensity of the neon tube and the entire lighting plan shall be reviewed and approved by the Design Review Board and the Planning Department prior to issuance of a building permit. Two of the tree well up-lights shall be eliminated in front of the main plaza area. Desiqn Review Board shall review and apDrove a different decorative liqhting fixture for the center· The decorative bead tree lights shall be prohibited in the plaza area between Buildings A and B. 5 Streets 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. Ail 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 approve by the Police Department and the Planning Department. Specifically, two clearly labelled sand-blasted wood stop signs shall be installed and stop signs painted on the pavement at each end of the drive adjacent to McCaulou's. No Parking signs shall be installed within 150' west of the McCaulou's drive and/or the curb shall be painted red. 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. Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer. No additional ~$~~] signage, trash enclosures, structures or mechanical equipment shall be placed along Town and Country Drive within 150' west of the McCaulou's drive. All additional landscaping shall be low level or planted so as not to impair the sight distance at the McCaulou's Drive· The developer shall reconstruct the public curb and sidewalk to the satisfaction of the City Engineer where the existing drive will be eliminated on Town and Country Driw~. I. Infrastructure Water supply service shall be provided by the East Bay Municipal Utility District. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District 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 tlhe Contra Costa County Flood Control District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest appro'ved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approve storm drain facility or as approved by the Town. ® Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe· Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 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. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 11. 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 te~)orary or permanent road and drainage improvements.. 12. Ail new utilities required to serve the development shall be installed underground. APPROVED BY THE TOWN (DF DANVILLE PLANNING COMMISSION ON MAY 11, 1987 Se~t~ry of the Plying Commission cc~Xgl 8 '' ~ate