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HomeMy WebLinkAbout92-02 EXHIBIT A RESOLUTION NO. 92-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A DRAFT MITIGATED NEGATIVE DECLARATIONS OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 91-43 AND SIGN REVIEW SR 92-02 FOR SPEEDEE OIL CHANGE AND TUNE UP FACILITY ON PARCEL C OF MS 860-90 (APN: 206-010-023) WHEREAS, Diablo Ventures West (Applicants and Owners) has requested approval of a Development Plan for the construction of a 2,796 +/- square foot SpeeDee oil change and tune up facility on a .45 +/- acre site; and WHEREAS, the subject site is located on Parcel C of Subdivision MS 860-90, at the south east corner of the intersection of Camino Tassajara Road and Tassajara Ranch Drive and is identified as Assessor's Parcel Number 206-010-023; and WHEREAS, the Town of Danville P-l; Planned Unit District Ordinance requires approval of a Final Development Plan for an oil change and tune up facility; and WHEREAS, the Sign Ordinance of the Town of Danville requires approval of a Sign Permit for any new sign; and XVHERF~S, the Planning Commission did review the project at a noticed public hearing on March 24, 1992; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHERF~S, 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 approve the grant of a Negative Declaration of Environmental Significance and approval of the Development Plan per the conditions contained herein, and makes the following findings in support of the Development Plan: PAGE I OF RESOLUTION NO. 92-02 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a commercial environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment Study fully discussed potential impacts associated with development of the Tassajara Ranch property, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings; Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR), which jointly served to establish mitigation measures for impacts associated with the development for the project, and bo Pursuant to those mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigation measures which will be incorporated into the project, and C0 Use of the prior EIR as a "Program EIR" is appropriate based on the following; (1) feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment Study have been incorporated, (2) subsequent changes in the project, including a reduction of units to allow retention of a greater section of Tassajara Creek as an open channel, have been made to lessen project related impacts, (3) there have not been substantial changes with respect to the circumstances under which the project was initially reviewed which would require important revisions of the prior EIR, and (4) no new information of substantial importance to the project has become available which would require an additional or supplemental EIR. BE IT FURTHER RESOLVED THAT, that the Planning Commission makes the following findings in support of the Sign Review application: ao The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than PAGE 2 OF RESOLUTION NO. 92-02 bo Co do eo f0 necessary for adequate identification. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. The signage will not excessively compete for the public's attention. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. The design of the signage will be consistent with professional graphic and structural standards. Signage illumination will be at the lowest level consistent with adequate identification and readability. BE IT FURTHER RESOLVED THAT, that the Planning Commission makes the following findings in support of the sign exception: no b0 The proposed exception conforms as closely as practicable to the regulations pertaining to sign size, number, and location; The proposed exception is not inconsistent with the intent and purpose of the sign regulations and 1) Strict adherence to the sign regulations does not allow adequate identification of the site because of the site's location, configuration and the lack of a monument sign on the premise. 2) The applicant is not permitted to install a monument sign on the premises in the future. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to approval of the building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 3 OF RESOLUTION NO. 92-02 A. GENERAL This approval is for a SpeeDee oil change and tune up facility identified as APN: 206-010-023. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Development authorized by this permit shall be substantially as shown on the plans labeled "SpeeDee oil change and tune up", as prepared by Hereld & Ayers Architects, consisting of four sheets, dated received by the Planning Division on November 20, 1991. b0 Creek improvements as shown on the preliminary drawings prepared by David B. Hop, Civil Engineer, dated received by the Planning Division on March 16, 1992. 0 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 permits are secured. Notice should be taken specifically of the Child Care Fee, Tassajara Area Fee (JEPA) Drainage Acreage Fees as established by the Contra Costa County Flood Control District and the National Pollutant Discharge Elimination fee of $250. 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 Fire District's initial comments on this project are summarized in part within their letter dated December 10, 1992. 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 is $1,300. 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 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 PAGE 4 OF RESOLUTION NO. 92-02 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. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the Chief Building Official. * 7. 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 and to the 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. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction- Phases Occupancy Plan approved by the Planning Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. PAGE 5 OF RESOLUTION NO. 92-02 B. SITE PLANNING 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 Division 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 design of the proposed access between Parcel A (Exxon) and Parcel C (SpeeDee) is subject to modifications based on future surrounding development and possible future signalization for the intersection on Camino Tassajara. 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. o 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. 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 Division. A landscaped setback of 30 feet shall be provided along the project's Camino Tassajara frontage and shall be maintained by the property owner until accepted by the Town of Danville. PAGE 6 OF RESOLUTION NO. 92-02 D0 0 All landscaping and irrigation systems including the layout and grading plan for the walkway, established within areas to be covered by landscape easements benefitting the Town shall conform to the Town's construction standards. Landscape and irrigation working drawings for these areas are subject to review and approval by the Town's Engineering, Planning and Maintenance Divisions prior to installation. If deemed necessary by the Town, separate water meters shall be installed by the developer. ARCHITECTURE Ho 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. 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 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate application. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. The final colors and materials may be subject to Design Review Board approval if deemed necessary by staff. 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 provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. PAGE 7 OF RESOLUTION NO. 92-02 o 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. SpeeDee oil change & tune up customers shall be encouraged to remain on site while their vehicles are being serviced. No overnight parking is permitted on the premises. The applicant shall post and maintain signs on the premises to that effect. 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. Go 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. 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. The developer shall submit a soils report for review and approval from the Town's Grading Inspector prior to building permit issuance. STREETS The developer shall be responsible for the design and construction costs of the acceleration/deceleration lanes along the project's Camino Tassajara frontage. The developer's civil engineer shall submit a striping plan to the PAGE 8 OF RESOLUTION NO. 92-02 City Engineer for review and approval. 0 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. 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 Police Department. 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. 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. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 0 Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District, unless approval is secured to utilize a private sewage disposal system. PAGE 9 OF RESOLUTION NO. 92-02 10. 11. 12. 13. 14. 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. 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. All public improvement plans shall be prepared by a licensed civil engineer. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the PAGE 10 OF RESOLUTION NO. 92-02 following methods: 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, 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. 16. The applicant shall meet the Contra Costa County Environmental Health requirements regarding hazardous waste collection and disposal. 17. The applicant shall submit a business plan to the Contra Costa County Hazardous Materials Division. 18. Unless modifications are required by the Town, the Contra Costa County Flood Control District (CCCFCD), or the State Depactn~ent of Fish and Game, channel improvements shall be substantially as shown on the preliminary improvement plans prepared by David B. Hop Civil Engineer, dated received March 16, 1992, by the Planning Division. 19. Prior to final approval of the creek improvement plans or the creek re- vegetation plans, the plans shall be reviewed by the Town Creeks Task Force and shall be subject to modification as per their recommendation. 20. All improvements within the creek channel shall be consistent with the Town's Creek Development Standards and Guidelines. 21. The developer shall obtain necessary permits from the Department of Fish and Game, Contra Costa County Flood Control District and the Corp of Engineers regarding drainage and run-off into the creek. PAGE 11 OF RESOLUTION NO. 92-02 I. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. 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. 3. The site is subject tO the conditions of approval for MS 860-90. No oil shall be discharged to the storm drain or the creek to the south of the property. The development shall comply with the Town's nonpoint discharge ordinance. APPROVED by the Danville Planning Commission at a Regular Meeting on March 24, 1992, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Murphy, Osborn, Vilhauer, Hughes Hunt, Wright Chairman APPROVED AS TO FORM: City Attorney pabzlO C ng PAGE 12 OF RESOLUTION NO. 92-02