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HomeMy WebLinkAbout91-35 EXHIBIT B RESOLUTION NO. 91-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING TOWN COUNCIL APPROVAL OF A NEGATIVE DECLARATION AND A 18,000 SQ. FT. PUBLIC LIBRARY (DP 91-1) WHEREAS, upon formation of the Town of Danville Community Development Agency, an agreement between the Town and the County, titled, "Community Development Agency of the Town of Danville and Contra Costa County Regarding Past Through of Tax Increments Pursuant to the Health and Safety Code Section 33401", was signed and this agreement listed building a new County library as a "high priority" and committed the Agency to build it for the County; and WHEREAS, on May 15, 1989, the Agency adopted an Owner Participation Agreement (OPA) with Charlotte Wood Pai:tners to do a public/private development on the Charlotte Wood school site; and WHERF~S, the proposed library site is located on the northeast corner of the Charlotte Wood Intermediate School site on 2.8 acres; and WHERF~S, the subject site is identified as Assessor's Parcel Number 216-110-002; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan for all new development; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 7, 1991; 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 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 recommends that the Agency grant a Negative Declaration of Environmental Significance and approval of the public library (DP 91-1) per the conditions contained herein, and makes the following findings in support of the development plan: Page I of Resolution 91-35 1. The proposed project is consistent with the Danville 2005 General Plan. 2. The proposed project is consistent with the Downtown Business District ordinance. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The Agency intends to obtain permits for construction within 18 months from the effective date of plan approval. o The proposed development is consistent with the General Plan and the Downtown Master Plan. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by: ao presently projected projects; proper entrances and exits; internal provisions for traffic or parking. The development will be attractive and efficient which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to building permit approval for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL This approval is for an 18,000 sq. ft. library located 2.8 acres at the northwest end of the Charlotte Wood Intermediate School site. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Drawings entitled "Danville Library" dated received by the Town of Danville on July 30, 1991 consisting of eight sheets. 2. The Community Development Agency shall determine whether the Page 2 of Resolution 91-35 o 0 developer shall pay any related fees that the property may be subject to and the amounts thereof. Such fees may include the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee, drainage acreage fees as established by the Contra Costa County Flood Control District, San Ramon Valley Fire District fees and child care fees. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. 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, the Town Planning Depactn~ent 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. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, the Chamber and any homeowner associations of nearby residential projects that construction work will commence. The notice shall include a list of contract persons with name, rifle, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing Page 3 of Resolution 91-35 plan approved by the Agency. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control, for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. SITE PLANNING o All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The location of any 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 entry drive shall conform with the revised Charlotte Wood plan when it is developed. This may involve widening or redesign of the driveway and the parking layout adjacent to it and/or movement of the building. The final layout and design shall be subject to review and approval by the Agency. The library site plan shall be coordinated with the Charlotte Wood site plan by creating a pedestrian and/or vehicular node located near the entry to the library project. This node should function as a focal point for the Charlotte Wood development. The overall land plan should also provide for access between parking lots and a coordinated pedestrian walkway system. A vehicular drop-off area near the entry to the library shall be studied in conjunction with a redesign of the proposed turn-around area on the east side of the building when the Charlotte Wood plan is developed. The turn- around/drop-off area shall be located near the entry of the library and shall be coordinated with the Charlotte Wood land plan. If this cannot be accomplished, the library site plan shall be brought back to the Planning Commission for reconsideration. The developer shall comply with the Old Town Beautification Plan along Front Street and coordinate, all on-site street furnishings and lighting with that plan. Construction of the public access trail along the creek Shall be coordinated with the construction of the library. Initial comments from the Fire District indicate a need to larovide fire access to the facility via the creek trail which may require the developer to acquire an additional access easement. Page 4 of Resolution 91-35 C. LANDSCAPING De Landscape Plans for the area adjacent to the building on all elevations shall be subject to review and approval by the Design Review Board. Final Landscape and Irrigation Plans for the entire site (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Parks and Leisure Services Department. All landscape plans 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 plan for the site shall integrate, to the extent feasible, with the landscape treatment for the rest of the Charlotte Wood site. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All 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 is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. o All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Department. The developer shall provide a certified arborist report which approves the final project drawings and makes recommendations for construction to ensure the health of all on-site trees, especially those near any construction activities. If work in the creek is done in conjunction with this project, a creek revegetation plan shall be reviewed and approved by the Planning Division. 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 structure(s). The highest point of any roof mounted equipment shall Page 5 of Resolution 91-35 not extend above the top of the equipment well. o All 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 developer demonstrate that the trash area meets the Central Sanitary District standards including recycling containers. o 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. o If signing for the development is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. o Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Depactinent for review and approval by the Design Review Board. At a minimum, the roof material for the building shall be slate or slate-like The developer shall work toward a compatible architectural design for the south and east elevations of the building that works with the ultimate Charlotte Wood development plan. o Project detailing for the pergola, trellises, windows, doors, eaves, trim and building materials shall be reviewed and approved by the Design Review Board. o The developer shall study the addition of windows to the building and present their findings to the Design Review Board for review and approval. 0 The developer shall work with the Design Review Board to better enunciate the entrance of the library. PARKING 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 Pngc 6 of R¢solution 91-35 Fo provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. 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. GRADING Any grading on adjacent properties will require written approval of those property owners affected. 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 Chief Building Official and employed at all times as conditions warrant. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project° Go ° Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 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. o Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Page 7 of Resolution 91-35 Police Depa~:tment. o o 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 bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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. 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 standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. The developer shall participate in the cost of reconstruction of Front Street and the San Ramon Valley Boulevard and Railroad Avenue intersection. The developer shall participate in the traffic study to be prepared for the environmental review of the overall Charlotte Wood development project. The report shall address the need and appropriate design for a bus stop and a left turn lane on Front Street. Ho INFRASTRUCTURE 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Page 8 of Resolution 91-35 0 o Be 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 the Contra Costa County Flood Control District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall' be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 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. 10. 11. 12. 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. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control. District and the Department of Fish and Game. 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 or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City 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 utilities required to serve the development shall be installed underground. Page 9 of Resolution 91-35 * 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. If required, the developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: no Removing 1 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 excavated material shall be disposed of offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, bo 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. 15. The developer shall notify the Depacunent of Fish and Game, P.O. Box 47, Yountville, California 94599 of any propOsed construction project that may affect streams in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Department of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Depactnient of Fish and Game shall be noted or shown on the construction plans. 16. The developer shall coordinate all utility construction and sizing with the remainder of the Charlotte Wood site. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff or referred to the Design Page 10 of Resolution 91-35 Review Board. Any other change will require Planning Commission approval through the Development Plan review process. * 2. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. APPROVED by the Danville Planning Commission at a Regular Meeting on August 7, 1991 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hughes, Hunt, Murphy, Osborn, Vilhauer Wright Chief of Planning ~L~ Attorney ~ Page 11 of Resolution 91-35