Loading...
HomeMy WebLinkAbout92-07EXHIBIT A RESOLUTION NO. 92-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A FINAL DEVELOPMENT PIakN REQUEST, LAND USE PERMIT REQUEST AND MASTER SIGN PROGRAM (DP 92-2, LUP 92-1 & SR 92-5) FOR A 3,400 +/- SQUARE FOOT RESTAURANT, WITH DRIVE-THRU SERVICE AND OUTDOOR SEATING, LOCATED AT THE NORTHEAST CORNER OF PARCEL A OF MS 856-88 (4.79 +/-ACRES) ON THE SOUTH SIDE OF CAMINO TASSAJARA APPROXIMATELY 300 FEET WEST OF THE INTERSECTION OF CROW CANYON ROAD AND CAMINO TASSAJARA WHEREAS, the applicant has requested approval of a Final Development Plan, Land Use Permit and Master Sign Program for a 3,400 +/- square foot restaurant with drive thru service and outdoor seating on a pad site located at the northeast corner of Parcel A of MS 856-88 (4.79 +/- acres); and WHERF~S, the applicant has requested exceptions to the sign ordinance to permit a third building sign on the east elevation of the proposed building, a request to permit two sign logos (on the south and east elevations) which would exceed 18 inches in height, and a request to permit the two building signs to exceed the 15 foot height limit; and WHEREAS, the subject site is located on the south side of Camino Tassajara, approximately 300 feet west of the intersection of Crow Canyon Road and Camino Tassajara and is identified as Assessor's Parcel Number 206-010-031; and WHEREAS, the Town of Danville P-I; Planned Unit Development District Ordinance and previous conditions of approval for the shopping center (DP 91-7) require approval of a Final Development Plan and Land Use Permit to allow the proposed development of this site; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 24, 1992; 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; 1 WHERF~S, a Draft Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that potentially significant environmental impacts have been mitigated through project modifications and that the project, as amended through conditions, will result in no significant impacts; and WHERF~S, potential impacts associated with the development of this property for commercial uses were addressed in the Final Environmental Impact Report (FEIR) prepared and certified for the Dougherty Road General Plan Amendment Study; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville accepts the previously certified FEIR (prepared for the Dougherty Road Area General Plan Amendment Study Area) as adequate to address potential impacts related to this project, approves the project specific Mitigated Negative Declaration of Environmental Significance and further approves the Final Development Plan and Land Use Permit request (DP 91-2 & LUP 92-1) per the conditions contained herein and makes the following findings in support of this action: The proposed project is consistent with the Danville 2005 General Plan and the Final Development Plan covering the entire shopping center site (approved by the Planning Commission on March 26, 1991 through approval of Resolution No. 91- ~1). 0 The proposed commercial development will constitute a commercial environment of sustained desirability and stability, and will be in harmony with the character of the existing commercial development in the area, the surrounding neighborhood, and the community. 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 proposed development will mitigate off-site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town. The proposed restaurant exhaust system will mitigate smoke and odors to less than significant levels. The previously certified FEIR prepared for the Dougherty Road Area General Plan Amendment Study fully discussed potential impacts associated with development of the Tassajara Ranch, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings: ao Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors PAGE 2 OF RESOLUTION NO. 92-7 Resolution 85/133 and Planning Commission Resolution 47-1984 (SR), (which jointly served to establish mitigation measures for impacts associated with the development of 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 Co 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 Tassajara Ranch PUD project, including a reduction of residential dwelling 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 has 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 the Planning Commission of the Town of Danville approves the proposed Master Sign Program per the conditions contained herein and makes the following finding in support of an exception: 3.1. The design of the sign logos, their letter height (greater than 18 inches) and their height on the building (greater than 15 feet) are compatible with the architectural style of the building and make them proportional and in scale with the wall upon which they will be mounted. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a 3,400 +/- square foot restaurant with drive-thru service. Development shall be substantially as shown on the project PAGE 3 OF RESOLUTION NO. 92-7 drawings as follows, except as may be modified by conditions contained herein; Project drawings dated received by the Planning Division on March 16, 1992, and prepared by Vigen Associates and McDonald's Corporation consisting of 15 sheets. 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 drainage acreage fees and the Child Care Fee. o 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 within their letter of December 18, 1991. 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 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. 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. 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. PAGE 4 OF RESOLUTION NO. 92-7 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, including six additional parking spaces to be located on the shopping center site. B. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way and is subject to review and approval of the Design Board prior to issuance of building permits. 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 the building. Truck deliveries to the site shall be scheduled from 7:00 - 11:00 a.m. and 2:00 - 5:00 p.m. on Monday through Friday to the greatest extent possible. The final design of the trash enclosure shall be approved by the Chief of Planning and shall reflect the dimensional criteria deemed acceptable by the affected disposal collection agency, and shall incorporate the use of a concrete apron to facilitate mechanical pick-up service. The applicant shall provide the Planning Division with written proof from Valley Waste Management that the trash area is adequate for trash and recyclable storage prior to issuance of building permits. Outdoor storage of supplies, refuse (outside of approved refuse container locations) and other materials is specifically prohibited. A litter collection and sweeping program shall be established and submitted in writing to the Planning Division prior to issuance of building permits. The program shall be continuously maintained to prevent accumulation of litter on and off site within a 300 foot radius. The site, including the building, parking areas and landscaping areas, shall be maintained in PAGE 5 OF RESOLUTION NO. 92-7 C0 proper condition at all times and shall be kept free of litter and graffiti. Newspaper racks, public telephones, and advertising materials or sales not directly associated with the restaurant operation are expressly prohibited from being located or displayed on the exterior of the restaurant premises. Town staff shall monitor the operation of the drive-thru system and the circulation pattern of vehicles entering and exiting the restaurant pad site and the adjacent shopping center on an annual basis following the opening of the restaurant. If traffic circulation problems and excessive queuing problems occur, Town staff has the authority to require modifications to the internal operations, drive-thru system, and/or traffic circulation patterns of the restaurant and shopping center. If necessary, this matter may be referred to the Planning Commission for review and modification. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Design Review Board (DRB). 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. 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. A minimum of 5096 of the trees planted along the Camino Tassajara frontage and the remainder of the site shall be 24-inch box specimen sized trees. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. A 30 foot landscape easement exists along the property's Camino Tassajara frontage. This development and any future owner of this parcel shall be subject to maintenance of the landscaping and any improvements in this area. Prior to issuance of a building permit, the owner shall record a deed restriction binding this condition. The deed restriction shall be subject to review and approval by the City Attorney prior to recordation. Plant selection shall emphasize drought tolerant native species. Use of turf shall be minimized and shall reflect the planting ratio limits developed by EBMUD (a maximum of 259/o of the landscape area shall be installed with PAGE 6 OF RESOLUTION NO. 92-7 Do turf.) Turf is expressly prohibited adjacent to the Camino Tassajara street frontage. The Final Landscape and Irrigation Plans shall be subject to review and approval by the Town's Parks Maintenance Supervisor and shall reflect the Town of Danville's Water Conservation Guidelines in place at the time of approval of the plans. Additional landscaping shall be added adjacent to the south elevation of the building. Such landscaping shall include a minimum 3 X 20 foot planter area adjacent to the south elevation building wall area. Such landscaping shall include plantings that will help screen the adjacent building wall area. A minimum of three trees, (minimum 36 inch box) , shall be integrated into the outside eating area. Landscaping along the Camino Tassajara frontage of the project shall include a berm that provides screening of vehicles in the drive-thru area. The landscape plan shall be modified to include more trees on the berm fronting Camino Tassajara to provide additional screening of the drive-thru area. The landscape plan shall include a cross-section showing Camino Tassajara, the landscaped berm (including trees at a five year maturity) and the drive-thru area. This restaurant site shall not include any playground equipment or play yard. 10. A bicycle rack sized to accommodate a minimum of six bicycles shall be located on the south side of the building. The design of the rack, and its precise location is subject to the review and approval by the DRB as part of the review process of the Final Landscape and Irrigation Plans. 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 structures. 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 the proposed trash enclosure. Enclosure design shall reflect six foot high masonry walls (clad with lap siding painted to match the main building) on three sides with steel framed gates (clad with lap siding painted to match the main building). Gates will be self-closing and self-latching. The street number of the building shall be posted so as to be easily seen from the street at all times, day and night. PAGE 7 OF RESOLUTION NO. 92-7 o Exterior building colors shall match those approved for the shopping center. Any modification or change in the approved colors or materials shall require review and approval by the Design Review Board. All exterior siding shall be traditional wood lap siding. An alternative wood siding may be utilized if approved by the Design Review Board. All building details shall be reviewed and approved by the Design Review Board prior to issuance of a building permit. Columns located on the north side of the east and west elevations shall be increased in width to match the returns on other elevations of the building. The east and west end gables shall extend six to eight inches from the wall. There shall be two pairs of 6 X 6 inch entry columns on each side of the main entry. The brick on the base of the columns on all elevations shall be offset by one-half inch. The width of window mullions shall match the windows on the shopping center but shall be a minimum of two inches in width. 10. Parking lot light fixtures shall match those approved for the subject shopping center. 11. All exterior building lighting shall be located in soffits and all light sources shall be screened from view of the public. All exterior building lighting shall be subject to the review and approval of the Design Review Board. Lighting of roof elements in this project is specifically prohibited. 12. Final colors and material of the exterior sidewalk tile at the restaurant entrance and outdoor seating area shall be subject to review and approval by the Design Review board prior to issuance of building permits. 13. Any future modifications to the exterior (including but not limited to exterior remodeling, change of paint colors or reroofing) shall require a development plan application and is subject to the review and approval of the Design Review Board. SIGNAGE The sign area of the monument sign shall not exceed 35 square feet (as defined by the Sign Ordinance - Ord. 91-30). The design, colors, materials and lighting of this sign shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the PAGE 8 OF RESOLUTION NO. 92-7 restaurant. A total of two illuminated building signs are approved for this project and the locations are as follows: a 21 square foot "McDonald's" sign with channel letters located approximately in the center of the north elevation between the drive up windows; and a 22 square foot "M" logo with an overlay reading "McDonald's" on the south elevation above the main entry. All wall signs shall have transformers behind the walls and all sign reveals shall be a minimum of four inches deep, painted to match the building color. The sign located on the north elevation (facing Camino Tassajara) shall have a minimum three inch space between the top/bottom of the sign and the adjoining building trim. The final design and location of the north elevation sign is subject to review and approval of the Design Review Board. None of the three illuminated directional signs (maximum three square feet in size and three feet-four inches in height) located within the parking lot and driveways, or menu boards shall have business identification logos. The background area of these directional signs shall be opaque. This entitlement includes authorization for two flag poles for the display of the American and State of California flags at the corner of "B" Street and Camino Tassajara. Use of a "McDonald's" flag is expressly prohibited from being displayed on the flag poles. The flags shall not be illuminated and the maximum height of the flag poles shall be 25 feet. There shall be no decorative fixtures mounted to the top of the flagpoles. The final design and location of the two flag poles is subject to the review and approval of the Design Review Board. F. 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 the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. 3. Minimum parking dimensions shall be as follows: a0 Standard spaces shall be a minimum of 9 feet by 19 feet with up to a 2 foot overhang permitted; PAGE 9 OF RESOLUTION NO. 92-7 Compact spaces shall be a minimum of 8 feet by 16 feet with up to a 1.5 foot overhang permitted; C0 Aisle widths within the restaurant parking lot shall be a minimum of 24 feet for two-way drive aisles; d° A maximum of 30% of the project parking spaces may be sized for compact cars. The parking and driveway surfacing shall be asphalt concrete paving and shall be maintained in good condition at all times. 0 The concrete bases of the light standards in the restaurant parking area shall match those approved for use in the shopping center and shall be architecturally finished (exposed aggregate or approved alternate finish). If a future subdivision occurs, separating the McDonald's pad site from the center, cross driveway access and shared parking agreements shall be recorded to assure provision of a minimum of 6 shopping center spaces in perpetuity. The restaurant pad site includes a total of 24 parking spaces. The restaurant is permitted to have a total of 80 seats (total includes 20 outside seats) requiring 27 parking spaces. Based on the square footage of the shopping center (35,682 square feet), the center exceeds the minimum allowable parking standard by 28 additional parking spaces. Prior to issuance of a building permit, the applicant shall document authorization to utilize 6 of the 28 extra shopping center spaces. 0 If the restaurant is constructed prior to the shopping center, all required parking spaces for the restaurant shall be installed prior to occupancy. A portion of the required parking spaces may be provided on the adjacent shopping center site. The two proposed employee parking spaces located on the southeast corner of the pad site shall be eliminated and the adjacent driveway approach to the pad site shall be increased to a minimum width of 28 feet. GRADING o 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 PAGE 10 OF RESOLUTION NO. 92-7 H0 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. 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 o ° o o o 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 Depal:i~iient. 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, PAGE 11 OF RESOLUTION NO. 92-7 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. (Mitigation Measure) The applicant shall install signage, striping and markings necessary for a dedicated "right turn only" along eastbound Camino Tassajara between a point east of Liverpool Street and Crow Canyon Road subject to review and approval of the Town Transportation Manager and the City Engineer. Any design and construction costs associated with the above-mentioned work shall be borne by the applicant. I. INFRASTRUCTURE * 1. Water sUpply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the 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 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. o 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 and the Department of Fish and Game. PAGE 12 OF RESOLUTION NO. 92-7 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 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. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. This development shall be responsible for installation of a six foot wide meandering sidewalk along the Camino Tassajara from Crow Canyon Road to the northwest boundary of the shopping center. The sidewalk plans shall be incorporated into the landscaping and site plans for this development. The sidewalk shall be installed prior to building occupancy. 15. Documentation by both Tassajara Partners (the property owner) and Blackhawk Corporation, shall be forwarded to the Town addressing the Crow Canyon Road Extension Fee, prior to issuance of any building permit by the Town of Danville. The letter shall state that all issues regarding traffic fees have been adequately addressed between Blackhawk Corporation and Tassajara Pactners. 16. In the event that the drive-thru restaurant is constructed prior to the shopping center, the center driveway aisles located south and west of the pad site shall be constructed (with landscaping) consistent with the previously approved Development Plan (DP 91-7) for the shopping center. The design and specific layout of the interim circulation and landscaping improvements shall be subject to review and approval by the Town Transportation Manager and Chief of Planning. A minimum of three of the center parking spaces shall be constructed and provided for use of the drive-thru restaurant. The three additional parking spaces shall be constructed prior to occupancy of the restaurant. 17. In the event that the drive-thru restaurant is constructed prior to the shopping center, the remainder of the center site shall be fenced to prevent vehicular access from the restaurant site and/or other shopping center access roads and driveways. MISCELLANEOUS 1. The project shall be constructed as approved. Minor modifications in the PAGE 13 OF RESOLUTION NO. 92-7 design, but not the use, may be approved by the Design Review Board. Any other change will require Planning Commission approval through the Development Plan review process. o The developer shall comply with all relevant requirements of the Contra Costa County Health Services Department-Environmental Health. (Mitigation Measure) All kitchen exhaust vent systems shall have charcoal or water washing filters, or equivalent, to reduce smoke and odors to an efficiency level of 95-99% by particle count. Unless otherwise specified, the developer shall comply with all Conditions of Approval contained within Resolution No. 91-11 approving the Final Development Plan for the shopping center. o Hours of operation for the restaurant shall be limited to 7 a.m. to 11 p.m. seven days per week. Town staff shall investigate and implement feasible measures to discourage through traffic within the Heritage Park Townhomes complex. APPROVED by the Danville Planning Commission at a Regular Meeting on March 24, 1992 by the following vote: AYES: NOES: ABSTAINED: ABSENT: (/City Attor~ Arnerich, Osborn, Vilhauer, Hughes Murphy Hunt, Wright ;-~2~_A~.. Chairman C~f~f Planning pdpz21 PAGE 14 OF RESOLUTION NO. 92-7