HomeMy WebLinkAbout94-16RF~OLUTION NO. 94-16
A RESOL~ON OF THE PLANNING COMMISSION OF THE TOWN OF DANVH_J_~
ADOPTING A NF~A~ DECLARATION OF ENVIRO~AL SIGNIFICANCE
AND APPROVAL OF FINAL DEVEI_.OP~ PLAN (DP 94-08) AND MINOR
SUBDIVISION REQUEST (MS 853-94) DIABLO vEIqTURF~ WEST/JOHN WRIGHT
VENTIJRFiS - APN g206-010-012
WI-I~, Diablo Ventures West/John Wright Ventures has received approval of a General
Plan Amendment (GPA 93-01) and Preliminary Development Plan - Rezoning (PUD 94-01) for
commercial development of a carwash and gas station on a 2.0+/- acre site; and
WHERFAS, the subject site is located on the east side of Crow Canyon Road, south of Center
Way and north of Subdivision 7132, and is identified as Assessor's Parcel Number 206-010-012;
and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District requires approval
of a Final Development Plan; and
WI-~REAS, subdivision of the thirteen acre parent site requires submittal of a Minor
Subdivision request; and
WttEREAS, A draft Negative Declaration of Environmental Significance was prepared for this
project; and
WI-I~, the Planning Commission did review the project at a noticed public hearing on May
24, 1994; and
WHFJIEAS, the public notice of this action was given in all respects as required by law; and
WttERFAS, a staff report was submitted recommending that the Planning Commission approve
the request; and
WHF.~, 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 adopts a Negative Declaration of Environmental Significance and approves a Final
PAGE 1 OF RESOLUTION NO. 94-~
Development Plan (DP 94-08) and Minor Subdivision (MS 853-94) request per the conditions
contained herein, and makes the following findings in support of this action:
1. The proposed development will substantially comply with the General Plan.
The uses authorized or proposed in the land use district are compatible within the district
and to uses authorized in adjacent multiple family districts.
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The development will constitute a commercial environment of sustained desirability and
stability, and will be in harmony with the character of the surrounding neighborhood and
community.
The development will mitigate off-site traffic and drainage impacts through the assurance
of off-site improvements in a manner acceptable to the Town.
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.
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Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
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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
b. Use of the prior EIR as a "Program EIR" is appropriate based on the following:
(1) feasible mitigation measures and alternatives developed in the EIR for the
Dougherty Road Area General Plan Amendment Study have been incorporated;
(2) subsequent changes in the project, including a reduction of units to allow
retention of a greater section of Tassajara Creek as an open channel, have been
made to lessen project related impacts; (3) there have not been substantial changes
with respect to the circumstances under which the project was initially reviewed
which would require important revisions of the prior EIR; and (4) no new
information of substantial importance to the project has become available which
would require an additional or
supplemental EIR.
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Project specific studies related to traffic and noise indicate that the proposed
development will not create any significant environmental impacts on the
PAGE 2 OF RESOLUTION NO. 94-'~4
circulation system in the area or as related to adjacent land uses.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the issuance
of a building permit 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 gas station and a carwash facility located on a portion of
the site identified as Tassajara Ranch - Parcel E. Conditions of approval are
applicable to both of the proposed developments unless otherwise specifies. This
Final Development Plan shall be subject to all conditions of approval applicable
to PUD 94-01. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained herein;
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"Site plan - L.P.C./Union Bank Property" dated received by the Planning
Division on February 1, 1994, prepared by Craig and Wood Architects,
consisting of one sheet and marked Exhibit E in the Planning Commission
Staff Report dated May 20, 1994.
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Carwash elevations prepared by LS Associate Architects dated received
by the Planning Division on May 20, 1994.
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Shell gas station and carwash elevations prepared by SLS Associates, Inc.
dated received by the Planning Division on May 20, 1994.
landscape plan prepared by SLS Associates and dated received by the
Planning Division on May 20, 1994.
Minor Subdivision Map (MS 853-94) prepared by David Hop and dated
received by the Planning Division on May 20, 1994.
The applicant 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, and shall be paid prior to issuance
of said permit. Notice should be taken specifically of the Crow Canyon Benefit
District (TATIF) fees, the Child Care Facilities fees, Flood Control & Water
PAGE 3 OF RESOLUTION NO. 94-~
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Conservation District fees (Drainage Areas and Mitigation), Plan Checking and
Inspection Building and Engineering Division fees.
Prior to the issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) and the San Ramon Valley Unified School District
have been, or will be, met to the satisfaction of these respective agencies.
SRVFPD's initial comments on this project are summarized in part in their
memorandum dated March 2, 1994.
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 (i.e., a project found to have 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.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, 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. If prehistoric archaeological deposits are discovered
during development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
Construction activity shall be restricted to the period between the weekday hours
of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved
in writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during construction
of the project.
The applicant shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
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
PAGE 4 OF RESOLUTION NO. 94-1~.
except for items specifically excluded in a construction-phases occupancy plan
approved by the Planning Division. No structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
accessible, provided with all reasonably expected services and amenities, and
appropriately separated from remaining additional construction activity.
B. SITE PLANNING
All lighting shall be installed in such a manner that lighting is generally down-
directed and glare is directed away from surrounding properties and
rights-of-way. All exterior lighting fixtures shall be approved by the Design
Review Board and illumination of the carwash tower is specifically prohibited.
* 2.
The location of any pad mounted electrical transformers shall be subject to review
and approval by the Planning Division prior to the issuance of a building permit.
To the extent feasible, such transformers shall not be located between any street
and the front of a building.
3. The carwash ground sign shall be at least three feet behind the sidewalk.
C. LANDSCAPING
A Final Landscape Plan (with planting shown at 1" =20' scale) shall be submitted
for review and approval of the Planning Division.
All plant material shall be served by an automatic underground irrigation system
and maintained in a healthy growing condition. Irrigation shall comply with
Town of Danville Landscape Ordinance #9144 and shall be designed to avoid
runoff and overspray.
Samples of the decorative pavement to be utilized at all project entries along
Crow Canyon Road and Center Way shall be submitted for receive and approval
of the Design Review Board.
Landscaping along Crow Canyon Road shall be maintained by the developer.
Landscaping and irrigation installed in landscaped areas along the project's Crow
Canyon Road frontage shall meet the Town of Danville standards for publicly
maintained landscape areas.
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 structures.
PAGE 5 OF RESOLUTION NO. 94-"1~
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six 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.
Revised north elevations for the carwash shall be reviewed and approved by the
Design Review Board.
The final exterior color for the carwash shall be reviewed and approved by the
Design Review Board in the field.
5. The monument sign shall be setback at least three feet from the sidewalk.
6. The "Touchless" portion of the monument sign shall be removed.
The monument sign for Center Way shall not exceed six square feet in size. The
final design for that sign shall be approved by the Planning
Division.
PARKING
All parking spaces shall be striped and provided with wheel stops unless they are
fronted by concrete curbs, in which case sufficient areas shall be provided beyond
the ends of all parking spaces to accommodate the overhang of automobiles.
Where authorized, compact car spaces shall be clearly designated with appropriate
pavement marking or signage. Compact spaces shall be no less than 8 feet by 16
feet in size including allowable overhang.
Parking spaces along the access driveway from Center Way shall be designated
for employees only.
GRADING
Any grading on adjacent properties will require written approval of those property
owners affected.
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, to the homeowner associations of nearby residential projects
PAGE 6 OF RESOLUTION NO. 94-h,j
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and to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
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.
Development shall be completed in compliance with a detailed soils report and the
construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be incorporated
into the design of this project. The report shall include specific recommendations
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
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 City Engineer. It shall be accompanied by an
engineering and geological opinion as to the safety of the site from settlement and
seismic activity.
All development shall take place in compliance with the Town Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to
the dry months of the year (May through October) and, if construction does occur
during the rainy season, the use of sediment traps and other devices to minimize
erosion.
All new development shall be consistent with modem seismic design for
resistance to lateral forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
If toxic or contaminated soil is encountered during construction, all construction
activity in that area shall cease until the appropriate action is determined and
implemented. The concentrations, extent of the contamination and mitigation
shall be determined by the Contra Costa County Health Department. Suitable
disposal and/or treatment of any contaminated soil shall meet all federal state and
local regulations. If deemed appropriate by the Health Department, the applicant
shall make provisions for immediate containment of the materials.
PAGE 7 OF RESOLUTION NO. 94-~,
* 9.
All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concerns. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination shall be addressed. A
NPDES construction permit may be required, as determined by the City
Engineer.
G. STREETS
* 1.
The applicant shall obtain an encroachment permit from the Engineering Division
prior to commencing any construction activities within any public fight-of-way or
easement°
Street signing shall be installed by the applicant as may be required by the City
Engineer. Traffic signs and parking restriction signs which may be required to
be installed shall be subject to review and approval by the Transportation Division
and the Police Department.
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All mud or dirt carried off the construction site onto adjacent streets shall be
swept or water-flushed each day.
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 applicant. This shall include slurry seal, overlay
or street reconstruction if deemed warranted by the City Engineer.
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All improvements within the public right-of-way, including curb, gutter,
sidewalks, dfiveways, paving and utilities, shall be constructed in accordance with
approved standards and/or plans and shall comply with the standard plans and
specifications of the Development Services Department and Chapters XII and
XXXI of the Town Code. At the time project improvement plans are submitted,
the applicant shall supply to the City Engineer an up-to-date title report for the
subject property.
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Handicapped ramps shall be provided and located as required by the City
Engineer.
This development shall be responsible for an asphalt overlay on Center Way
subject to review and approval of the Engineering Division.
8. The acceleration/deceleration lane shall include a 4'-0" width bike lane.
The developer shall developer relocate the existing utilities at the corner of Crow
Canyon Road and Center Way, including the traffic signal.
PAGE 8 OF RESOLUTION NO.
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10.
The access driveway from Center Way to the carwash shall be signed and striped
for right turns in only.
11.
Vehicular access to the carwash from Center Way shall be prohibited during
closing hours.
INFRASTRUCTURE
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Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD.
All wastewater shall be disposed into an existing sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer
system in accordance with the requirements of CCCSD.
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
& Water Conservation District (CCCFC & WCD).
Both carwash facilities shall utilize a recycled water system which deposits all
waste water into the sewage system.
Cleaning or disposal operations such as, but not limited to, project sweeping,
cleaning of sidewalks and concrete areas shall occur on a regular basis. All waste
materials from these operations shall be deposited into a trash receptacle and/or
sewage system.
Oil and grease on pavement surfaces shall be swept with an absorbent material
and properly disposed of.
Contaminant materials shall not be deposited into the storm drainage facilities.
The trash receptacle area shall be covered. The area where the receptacle is
located shall be sloped and designed with a drainage system that is connected to
the sanitary sewer system.
PAGE 9 OF RESOLUTION NO. 94-~
I. MISCELLANEOUS
No outside loudspeakers or radios are permitted as a part of the carwash
operation.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 24,
1993, by the following vote:
AYF_3:
NOES:
ABSTAINED:
ABSF_lqT:
Americh, Hunt, Jameson, Murphy, Osbom, Vilhauer
Bowlby
APPROVI:~.D AS TO FORM:
City Attorney
pgpz26
Chief of P~
PAGE 10 OF RESOLUTION NO. 94-~