HomeMy WebLinkAbout92-39RESOLUTION NO. 92-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING A 32,000 SQ.FT. MARSHALLS STORE AND A
40,350 SQ. FT. RETAIL/SERVICE BUILDING
WHEREAS, Castle Construction has requested approval of a Development Plan for a
32,000 sq. ft. Marshalls store and a 40,350 sq. ft. retail/service building on a 5.8 acre site;
and
WHERF~S, the subject site is located at the north east intersection of Fostoria Way and
Camino Ramon, adjacent to Costco and is identified as Assessor's Parcel Number 218-090-
018, (i)19 & 020; and
WHEREAS, the Town of Danville P-l; Planned unit Development Disl~tict Ordinance
requires approval of a Final Development Plan; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on October 27, 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 tlhe hearing;
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of
Danville approves the grant of a Mitigated Negative Declaration of Environmental
Significance and approval of DP 92-14 & SR 92-24 per the conditions contained herein,
and makes the following findings in support of the project:
Final Development Plan
1. The proposed project is consistent with the Danville 2005 General Plan.
2. The final development plan is consistent with the intent and purpose of the P-1
PAGE 1 RESOLUTION NO. 92-39
District (PUD 87-3) and compatible with other uses in the vicinity.
Community need has been demonstrated for the use proposed.
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
The land use will not adversely affect the orderly development of property within
the Town.
Based on the previously certified Environmental Impact Report (EIR) prepared for
(PUD 87-3) for the Fostoria Way Study Area Preferred Plan which tinily discussed
potential impacts associated with development of the site, a Mitigated Negative
Declaration of Environmental Significance has been prepared for the project,
satisfying the requirements of the California Environmental Quality Act.
Use of the prior "Program EIR" as the environmental documentation for the project
is appropriate based on the following specific findings:
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feasible mitigation measures and alternatives developed in the EIR for the
Fostoria Way Study Area Preferred Plan have been incorporated as
modifications to the project or included as Conditions of Approval; and
there are not subsequent changes in the project which will require
important revisions of the previous EIR due to the involvement of new
significant environmental impacts not considered in the pre~4ous EIR; and
Due to changed circumstances related to vehicular circulation in the area,
such as the Camino Ramon extension, a traffic study (Camino Ramon
Extension Analysis, Fehr-Peers Associates, 1989) was prepared Which
addressed potential cumulative impacts and identified no additional
mitigation measures for the project above the "Program EIR". In addition,
a traffic study associated with the development of Costco, (Costco Fostoria
Way Traffic Study by Wilbur Smith Associates, 1988) was prepared which
addressed potential impacts and identified no additional mitigation
measures for the project above the "Program EIR". The mitigation measures
as identified by the previously certified "Program EIR" and modified by the
two subsequently prepared traffic studies have been incorporated in the
project through project conditions of approval. A project specific traffic
study (Traffic Study of Marshalls and Adjacent Retail/Service Facility on
PAGE 2 RESOLUTION NO. 92-39
Camino Ramon in Danville, Abrams Associates, 10/12/92) tSully addressed
on-site project traffic impacts. These recommendations, at a minimum, have
been incorporated into the project conditions of approval.
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these traffic impact studies provide thorough docume~ttation of the
cumulative traffic impacts of the subject site and adjacent retail projects at
key San Ramon intersections. The cumulative land use and future roadway
network assumptions in the 1989 study are valid based on 1992
information; therefore, the Town has met the requirements of Contra Costa
Measure C regarding need for traffic impact studies; and
there have been no other substantial changes with respect to the
circumstances under which the project is undertaken, such as substantial
deterioration in the air quality where the project will be located, which will
require other important revisions in the previous EIR due: to significant
environmental impacts not covered in the previous EIR; and
no new information of substantial importance to the project has become
available which would require additional environmental review.
There is no evidence before the Toxx~n that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
Sign Exceptions
The proposed exception for sign height (exceeding 15 feet), size (exceeding 75 sq.
ft.) and letter height (exceeding 18") conforms as closely as practicable to the
regulations pertaining to size, number, and location; and
The proposed exception is not inconsistent with the intent and purpose of the sign
regulations since no additional signs are located on the frontage of the building;
and
Strict adherence to the sign regulations does not allow adequate iclentification of
the site because of the site's location or configuration, and its se~back from the
street; and
4. The architectural style, materials or construction elements of the building are such
PAGE 3 RESOLUTI[ON NO. 92-39
that a sign 'placed in conformance with this chapter would conflict with other
aesthetic considerations.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of a building permit for the project 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 development of a 40,350 sq. ft. service/retail building
and a 32,000 sq. ft. Marshalls store. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
Site Development Plan prepared by Hollman Bologna & Associates,
consisting of 5 sheets, dated received by the Planning Division
October 23, 1992.
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Preliminary Landscape Plan prepared by Samson & Associates,
consisting of one sheet, dated September 1992.
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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 Town's Transportation Improvement
Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as
established by the Contra Costa County Flood Control District.
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 September 25, 1992.
4. The applicant shall submit to the Town of Danville fees required to file a
PAGE 4 RESOLUTION NO. 92-39
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., and weekends and holidays from 9:00 a.m. to
7:00 p.m. unless otherwise approved in writing by the Cindy 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.rn. to 7:00 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 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.
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 5 RESOLUTION NO. 92-39
plan. 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.
All construction shall comply with the current Uniform Building Code,
including, but not limited to separation of buildings, existing and
handicapped accessibility (Title 24), etc.
10.
The individual tenant spaces for the retail/service building :shall generally
be divided from the front to the back of the building to ensure that all
loading activities are conducted at the rear of the building, unless a specific
use is authorized based on special circumstances by the Chief of Planning.
11.
A lot merger shall be completed for the existing three parcels so that each
building is located on a parcel.
12.
13.
Primary entrances to all spaces for the retail/service building shall only be
located along the Camino Ramon frontage.
PUD 87-3 requires that destination commercial uses in the.' Fostoria Way
Study Area make up a minimum of 75% of the total square footage of the
entire commercial portion of the study area. Costco (127,000 sq. ft.) and
Marshalls (32,000 sq. ft.) shall be defined as destination commercial uses.
14. The permitted uses for the retail/service building are as follows:
Discount Stores (i.e. Sporting Goods, Catalogue Outlet Store)
Home Furnishings:
Appliance Store and Service Center
Carpet and Floor Covering
Plumbing Fixtures
Cabinets/Kitchen and Bath Showroom
Tile Showroom
Appliance Sales and Service
Garden equipment Sales and Service
Furniture Store
Glass and Framing
Upholstery
PAGE 6 RESOLUTION NO. 92-39
15.
16.
17.
18.
Other:
Printing
Direct Mail Advertising
Computer/Electronic Sales and Service
Auto Parts
Sheet Metal and HVAC (if retail)
Specialty stores of a regional nature
Other Retail
Excluded Uses include, but are not limited to:
Automobile Repair
Automobile Sales
Landscape Nursery/Garden Center
Self Storage Facility
Salons (nails, hair, massage)
Other uses as determined by the Chief of Planning to be consistent with the
use requirements of PUD 87-3. The Chief of Planning's decision is
appealable to the Planning Commission.
Storage of vehicles, equipment or materials outside of either building shall
be prohibited, unless specifically authorized by the Planning Division
through approval of a Land Use Permit.
Marshalls store hours shall be limited to 9 a.m. to 10 p.m, each day and
until 12 a.m. during the holiday season. The hours of operation for
businesses in the retail/service building shall be limited to 9 a.m. to 9 p.m.
each day. Thee hours of operation may be revised or expanded if approved
by the Chief of Planning.
Truck delivery times for both buildings shall be limited from 7:00 a.m. to
3:00 p.m. Monday through Friday. Truck deliveries shall be scheduled as
necessary so as to avoid excessive que lines on or in close proximity of the
site.
Use of trash compactors shall be ,limited to the hours of 9:00 a.m. to 6:00
p.m. Monday through Saturday and 10:00 a.m. to 6:00 p.m. Sunday.
PAGE 7 RESOLUTION NO. 92-39
19.
No antennas, microwave or satellite receiving dishes or other broadcasting
or receiving devices shall be permitted in the roof of the buildings. Any
such ground mounted equipment shall be located to the rear of buildings
and screened from view of the public according to Town recluirements. A
land use permit is required for the placement of any such qevices.
SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way. The height of the light
fixtures at the rear of the retail/service building shall be located so as to not
shine into the yards of the properties located along Camino Ramon Place.
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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 applicant shall demonstrate to the Planning Division prior to submittal
for a building permit for either building that the size of the trash areas and
volume capacities for each use meets the recycling requirements of AB
20/20. The applicant shall also demonstrate that adequate 'trash areas are
provided on-site for each building.
The project site plan cited in condition #Ala shall be revised as follows and
all parking calculations recalculated and approved by the Chief of Planning
prior to application for a building permit:
Delete the landscape islands at the rear of the retail/service building
and add some 9 foot loading bays along portions of the rear
elevation. Compact parking stalls shall be located opposite of the
loading bays to help minimize the amount of area needed to carry
out loading/unloading functions. The drive aisle vddth shall be a
minimum of 26 feet. The final design of the rear loading/unloading
area shall be reviewed and approved by the Design review Board.
All parking spaces shall include an allowable overhang of 2 feet
which shall be incorporated into abutting landscape areas, except the
parking spaces located along the abutting Costco property line, which
shall be designed to be located (including the all{owable 2 foot
PAGE 8 RESOLUTION NO. 92-39
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overhang) entirely on the subject site. Concrete wheel stops shall be
installed to preclude overhang of vehicles onto the adjacent property.
A minimum landscape area of 7.5 feet (including curb area) shall be
located along the north elevations of both the Marshalls building and
the retail/service building. The landscape area along the north
elevation of the retail/service building may be less if a trellis element
or other alternative solution is developed on the north elevation of
the building. The truck access aisle between Marshalls and the
retail/service building shall maintain a minimum 30 foot aisle width.
Pedestrian sidewalks shall be incorporated into the site plan leading
from Camino Ramon to the retail/service building. In redesigning
this layout, a minimum 10 foot wide landscape area shall be
provided beyond the sidewalk at each driveway entrance.
The landscape medians in the parking areas shall be a minimum of
6 feet wide including the curbs. All landscape islands and tree wells
shall be bordered by 4 inch concrete curbs.
The southeast edge of the retail/service building and the curb return
shall be redesigned with a larger radius to accommodate truck
deliveries to the rear of the building.
The pedestrian sidewalk abutting parking on the south side of the
retail/service building shall be a minimum of 7 feet wide, which may
include a 2 f. vehicle overhang.
The drive aisle along the northwest corner of the: retail/service
building shall be redesigned to accommodate the turn radius for a
fire truck. In order to accommodate this, one parking space may be
deleted at the north end of the parking row adjacent to the building.
All driveways serving this development along Fostoria Way and
Camino Ramon shall have the following design stanqards:
1)
2)
3)
Minimum throat width of 25 feet, except for tine truck access
drive which shall have a minimum throat wid~th of 30 feet.
Minimum width at property line of 40 feet.
Minimum turn radius of 30 feet.
PAGE 9 RESOLUTION NO. 92-39
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10.
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One additional cart storage area (total of four) shall he provided in
the center aisle in front of Marshalls. All carts shall be collected at
regular intervals throughout the business day to avoid accumulation
within the parking areas. Carts shall not be left on the exterior of the
building at any time or outside in the parking area overnight.
The northerly most access drive on Camino Ramon shall be relocated
south far enough to clear the center median.
A bike rack holding a minimum of five bikes at each building shall
be provided.
A site lighting plan with photometric information shall be reviewed and
approVed by the Design Review Board prior to issuance of a building
permit. The parking lot light fixtures shall match Costco's light fixtures.
Both frontages of the subject site shall be posted for no parking, unless
otherwise approved by the City Engineer and the Transportation Manager.
The developer shall provide plans with adequate paving markings and
geometric markings (existing and planned) along both Fostoria Way and at
.the intersection as a part of the improvement plans for this project. The
developer shall be responsible for any restriping that is required as a result
of this project.
A litter collection and sweeping program shall be continuously maintained
to prevent accumulation of litter on and off site. The site, including the
building, parking areas, and landscaping shall be maintained in proper
condition at all times and shall be free of litter and graffiti. This shall be
assured through execution of a maintenance agreement for this purpose,
acceptable to the Town. This agreement shall permit the Town to have
necessary site maintenance undertaken at the expense of the project owner
or Marshalls or other tenant if necessary.
Sweeping and cleaning of parking areas shall be limited to 7:00 a.m. to
noon, Monday through Friday.
Prior to issuance of a final occupancy permit for either' building, the
developer shall submit to the Town for review and approval a recordable
copy of an access agreement that allows reciprocal ingress and egress
PAGE 10 RESOLUTION NO. 92-39
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'between Costco, Marshalls and the retail/service building site. The
agreement shall also provide for joint maintenance of all access and parking
areas within these sites.
11.
Truck access to the two sites shall occur from Camino Ramon, at the
driveway located between the two building sites and this ~ccess shall be
appropriately signed fi)r loading and unloading. The other access points
shall be posted to prohibit truck access or deliveries.
LANDSCAPING
Final Landscape and Irrigation Plans (with planting shown at 1"--20' scale)
shall be signed by a licensed landscape architect and submi~ted for review
and approval by the Planning Division. The plan shall include common
names of all plant materials and shall indicate the size tha~ various plant
materials will achieve within a five year period of time. The Preliminary
landscape plan shall be revised to include the following design parameters:
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The landscape plan shall be consistent with the arch!itectural plans.
Street tree patterns should be revised to maximize sight distances at
corners and sight lines into the site.
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The landscape plan shall reflect all utility boxes, poles and inlets
located in planting areas and shall be consistent with 'the site survey.
Entry features shall be included into the landscape design directing
the public into the entrances and exits (not necessariily signs).
The planting pallet shall be revised to include both drought tolerant
and frost resistant plants.
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Additional trees shall be included along the northeast property line
to screen any security lighting that may impact adjacent residences
along Camino Ramon Place.
Grading information shall be included on the lacndscape plan.
Additional mounding shall be incorporated into tlate plan on the
northwest corner of the site adjacent to the sound wall.
g. The planting design shall generally be reflective of the existing Costco
PAGE 11 RESOLUTION NO. 92-39
frontage landscape.
h. The public sidewalk shall align and abut both public streets.
Pedestrian walkways shall be provided throughout the Marshalls
parking lot.
j. All tree wells shall be a minimum of four feet by four feet in size.
The landscape plan shall provide for plant materials to be placed in
pots or other planting areas along the frontage of both buildings.
Decorative pavement shall be utilized to denote the entries to the
buildings.
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.
The developer shall 'work with Danville and San Ramon staff to determine
the appropriate landscape plan for the Fostoria Way median, from Camino
Ramon to the eastern limit of the Costco property. The developer shall pay
for 50% of the landscape design and installation. The developer shall also
be credited for 50% of the existing median construction, however no rebate
shall given to the developer if this amount exceeds the landscape costs. Full
documentation of these costs shall be provided to staff.
PAGE 12 RESOLUTION NO. 92-39
D.
The satisfactory establishment of all landscape areas in healthy growing
condition, including plant material and irrigation, shall be guaranteed by the
developer. The guarantee shall be submitted to the Town in an acceptable
form prior to issuance of a building permit. It shall include execution of
a landscape maintenance agreement acceptable to the Town and posting of
a bond in an amount equal to 20% of the installed cost of all landscape and
irrigation improvements for a period of two years. Thereafter, this
agreement shall permit the Town to have necessary landscape maintenance
undertaken at the expense of Marshalls or other tenant or the property
owner of record if necessary.
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
not extend above the top of the equipment well. This shall be'. demonstrated
to the Planning Division prior to issuance of a building permit.
All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Enclosure design shall be subject to
Planning staff review and approval and be shown of the Final Landscape
Plan. The.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. A concrete apron shall be constructed in
front of the trash receptacles and all compactors to facilitate mechanical
pick-up service. The applicant shall document in writing from Valley Waste
Management that the trash receptacle facilities for both buildings are
adequate to handle the recycling needs of this development. An additional
trash area shall be incorporated into the site plan for Marshalls.
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.
4. The approved project sign program is as follows:
General
a. The applicant shall present a directional sign package for staff review
PAGE 13 RESOLUTION NO. 92-39
and approval that includes signage for service, loading and deliveries.
These signs shall not exceed 2 sq. ft. in size each.
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The final lighting design for all signs shall be reviewed, and approved
by the Design Review Board as a part of the lighting plan for the
development.
Marshalls
Wall Signs ~ A Sign Exception for sign size to exceed 75 sq. ft.,
overall height exceeding 15 feet, and letter height of 54 inches is
approved for the south elevation Marshalls sign. A Sign Exception is
approved for the west elevation sign for overall sign height exceeding
15 feet. Both of these signs shall have individually illuminated letters
and the sign returns shall be dark blue.
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Ground Sign - A sign Exception is approved to allow the name of the
center, Marshalls and directional signage on the ground sign. The
sign shall be indirectly illuminated with the light source screened
from public view.
Retail/Service Building
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Ground Sign - Either the major tenant name or the name of the
center shall be allowed on this sign. The sign shall meet the Town
sign ordinance design standards.
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The signs located on the tower elements of the building shall be for
tenants only. A single tenant may have two tower signs plus one
under canopy sign if the tenant space exceeded 8,000 sq. ft.
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Two tenant signs shall be allowed per business (one: facia sign and
one undercanopy sign). The design of the undercanopy sign shall
be submitted for review and approval by staff. The size and
dimensions of the sign shall conform with the Town's sign
ordinance. The developer shall require tenants to display both signs
as a part of their lease agreements.
One tenant sign for each business shall be allowed at the rear of the
building for directional purposes. The maximum sign size shall be
PAGE 14 RESOLUTION NO. 92-39
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four sq. ft. The developer shall submit a sign design for staff review
and approval.
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All primary tenant signs shall only be allowed on the Camino Ramon
frontage.
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. A field test
shall be conducted for the Design Review Board's review and approval of
the final color pallet prior to painting either building. In ge~eral, the color
and materials board presented to the Design Review Board on September
23, 1992 shall be revised to include a darker concrete wall color, deeper
brown wood siding color and a charcoal brown roof color.
The concrete trellis supports shall be a minimum of 16 inches in diameter
and shall be made of smooth concrete on the Marshalls building. The final
design detail of these columns shall be reviewed and approwed by Planning
staff prior to issuance of a building permit.
8. WindOws on both buildings shall have a white aluminum finish.
9. The maximum height of Marshalls entry gable shall not exceed 35 feet.
PARKING
All parking spaces shall be double striped and provided wi'th 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. Compact spaces shall be no less
than 8 feet by 16 feet in size including a 2 foot allowable overhang. The
applicant shall redraft the site plan with all adopted site plan changes prior
to submittal of a building permit. If more than 5 parking spaces are
eliminated from the site plan as a result of the modifications, the applicant
PAGE 15 RESOLUTION NO. 92-39
may include up to 35% compact parking spaces on the site (preferably in
the employee parking areas).
The parking requirement for Marshalls is I parking space per 250 gross sq.
ft. of the building. The preliminary plans show 212 parking spaces
provided, which exceeds the parking requirement. However, this excess
amount of parking shall not be utilized to meet the parking requirements
of the retail/service building. The parking requirement for the retail/service
building shall not exceed the amount of parking located on the north, south,
east and west sides of the building (on the preliminary plans cited in Ala,
the number of parking spaces for the retail/service building equals 81
spaces based on 1/500 sq. ft.). The parking calculation for uses in the
retail/service building shall be based on the parking requirements of the
municipal code (i.e. large, bulk items are calculated at 1 space per 500 sq..
ft.).
The developer shall designate rear parking areas for employees and sign
these areas appropriately. The location of these spaces shall be provided
to the Planning Division prior to issuance of a building permit.
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 arid employed at
all times as conditions warrant.
Development shall be completed in compliance with a detailed soils report
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 Engine. er. It shall be
accompanied by an engineering and geological opinion as to the safety of
PAGE 16 RESOLUTION NO. 92-39
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
Transportation Division.
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 requil~ed 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 Cindy Engineer an
up-to-date Title Report for the subject property.
The developer shall be responsible for sidewalk repair at the intersection
of Camino Ramon and Camino Ramon Place.
PAGE 17 RESOLUTION NO. 92-39
. The developer shall be responsible for half the cost to install[ a signal at the
intersection of Fostoria Way and Camino Ramon (in San Ramon) at the time
the City of San Ramon is prepared to construct the signal per the
agreements set forth by the letter and agreement dated July 23, 1992
between the Town and Fostoria Partners, LTD.
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.
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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.
o
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
o
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.
1 ().
The developer shall comply with all relevant requirements; of the Contra
Costa County Flood Control District and the Department of ]?ish and Game.
PAGE 18 RESOLUTION NO. 92-39
11.
12.
13.
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.
14.
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:
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 dispose, d of offside 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,
b0
Contribute to the County Deficiency Development Fee Trust (Fund
No. 812100-080(i)) 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 vail be based on
the Flood Control District's standard impervious surface area
ordinance.
15.
The developer shall notify the Department of Fish and Game, P.O. Box 47,
YounWille, 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 develol0er shall submit with the Project Improvement
PAGE 19 RESOLUTION NO. 92-39
Plans a letter from the Department of Fish and Game which indicates the
Department's requirements. Requirements by the Department of Fish and
Game shall be noted or shown on the construction plans.
16.
Several existing public improvements (i.e. fire hydrants, loop detectors, pull
boxes, drainage inlets, etc.) appear to be in conflict with the proposed
project plans. Redesign and relocation of these improvements shall be
subject to review and approval by the City Engineer and the Transportation
Manager. The cost of these relocations shall be the responsibility of the
developer. In the event the proposed locations of driveways conflict with
existing utilities, and the developer wishes to modify the driweway locations,
all revisions shall be subject to review and approval by the Transportation
Manager.
I. MISCELLANEOUS
* 1.
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 dew, loper shall be
responsible for acquisition of the necessary easements ,either through
private negotiations or by entering into an agreement wifft 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.
PAGE 20 REsoLUTION NO. 92-39
APPROVED by the Danville Planning Commission at a Regular Meeting on October 27,
1993, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Vilhauer, Arnerich, Murphy, Hunt, Hughes
Osborn, Wright
Chairman
APPROVED AS TO FORM:
~., ~ty Att~)rney ~"~...~hief of
pcmz7
PAGE 21 RESOLUTION NO. 92-39