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HomeMy WebLinkAbout92-19 EXHIBIT A RESOLUTION NO. 92-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING TENTATIVE MINOR SUBDIVISION MAP MS 851-92 (DIABLO VENTURES WEST) WHEREAS, Diablo Ventures West (Owner/Applicant) has requested approval of a two lot Tentative Map for a 4.79+ acre site; and WHERF~S, 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 further identified as Assessor's Parcel Number 206-010-031; and WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordatiOn of a Parcel Map; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) as the project consists of the division of property in an urbanized area into less than four parcels in conformance with the General Plan and Zoning Ordinance; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 26, 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 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 approves the Minor Subdivision request per the conditions contained herein, and makes the following findings in, support of the Minor Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. PAGE I OF RESOLUTION NO. 92-19 o o 0 The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the two parcels. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior recordation of the Final Map 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 two lot Minor Subdivision of a 4.79+ acre site identified as APN:206-010-031. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a0 Tentative Parcel Map (MS 851-92) consisting of one sheet labeled "The Village/McDonald's", prepared by David B. Hop, Civil Engineer, dated received by the Planning Division on April 2, 1992. 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 PAGE 2 OF RESOLUTION NO. 92-19 schedule in effect at the time the relevant permits are secured. Notice should be taken of engineering map checking fees in the amount of $1,295.00. 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 of April 6, 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 shall be $1,300 ufiless 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 archeologic.al 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., 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. PAGE 3 OF RESOLUTION NO. 92-19 Bo o At least one week prior to commencement of grading, the applicant shall post the site and 'mail to the owners of property within 500 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, title, 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. 0 Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under PUD 86-5 and as established by the R-B; Retail Business District of the Zoning Ordinance. · 10. All site improvements for Parcel B shall be coordinated with site improvements for the Village Shopping Center improvement plans. 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 sPeakir~g, such transformers shall not be located between any street and the front of the building. PAGE 4 OF RESOLUTION NO. 92-19 Co 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. Outdoor storage of supplies, refuse (outside of approved refuse container locations) and other materials is specifically prohibited. o The shopping ceoter driveway and access easement located west of the restaurant site shall be a minimum of 24 feet in width. 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 located on Parcel B. LANDSCAPING Final Landscape and Irrigation Plans for both Parcels A and B (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Design Review Board (DRB) prior to issuance of building permits. 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 50% of the trees planted along the Camino Tassajara frontage and tl~e 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 future owner's of this parcel shall be subject to maintenance of the landscaping and any improvements in this area. Prior to recordation of the Parcel Map, the property owner shall record a deed restriction binding this condition. The restriction shall be PAGE 5 OF RESOLUTION NO. 92-19 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 2596 of the landscape area shall be installed with 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. 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 ~rda. 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. 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. PAGE 6 OF RESOLUTION NO. 92-19 * 5. 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. 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 the overhang of automobiles. The parking and driveway surfacing shall be asphalt concrete paving and shall be maintained in good condition at all times. A shared access and maintenance agreement addressing the common use of all driveways, parking and pedestrian walk-ways shall be recorded prior to or concu?rent with the recordation of the Parcel Map. This document shall be submitted for review and approval by the Town Attorney prior to recordation. A shared parking agreement shall be recorded to assure provision of a minimum of six shopping center spaces on Parcel A for the use of the McDonald's restaurant. If Parcel B is not utilized for a McDonald's restaurant, any other development of the site shall require approval of a new Development Plan. 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 subiect to review and approval by the Town Transportation Manager and Chief of Planning. A minimum of six of the center parking spaces shall be constructed and provided for use of the drive-thru resta'ur/tnt. The six additional parking spaces shall be constructed prior to occupancy of the restaurant. PAGE 7 OF RESOLUTION NO. 92-19 Fo G0 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. 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. 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. PAGE 8 OF RESOLUTION NO. 92-19 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 ~ity 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 Tide 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 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. INFRASTRUCTURE 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, unless approval is secured to utilize a private sewage disposal system. 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. PAGE 9 OF RESOLUTION NO. 92-19 o ° 10. 11. 12. 13. 14. 15. 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. Ail utilities required to serve the development shall be installed underground. Ail public improve, ment plans shall be prepared by a licensed civil engineer. This development shall be responsible for installation of a six foot wide meandering sidewalk along the Camino Tassajara frontage of Parcel B. The sidewalk plans shall be incorporated into the landscaping and site plans for this development. The sidewalk shall be installed prior to building occupancy, 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 PAGE 10 OF RESOLUTION NO. 92-19 by the Town of Danville. The letter shall state that all issues regarding traffic fees have been adequately addressed between Blackhawk Corporation and Tassajara Parmers. 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 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. * 2. Conditions of thi's 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 May 26, 1992, by the following vote: AYES: NOES: ABSTAINED: Wright ABSENT: Hunt Arnerich, Murphy, Osborn, Vilhauer, Hughes Chairman APPROVED AS TO FORM: pdpz25 Chie~ng PAGE 11 OF RESOLUTION NO. 92-19