HomeMy WebLinkAbout94-17EXHIBIT A RESOLUTION NO. 94-17 A RESOLUTION OF THE PLANNING COMMISSION OF 'ITIE TOWN OF DANVII.LE APPROVING A DEVELOPMENT PLAN (DP 94-07) REQUEST FOR DEVELOPMENT OF AN 18,000 SQUARE FOOT PUBLIC LIBRARY AND A 7,500 SQUARE FOOT COMMUNITY FACILITY ON AN APPROXIMATE 3.0 ACRE SITE WHEREAS, the Town of Danville has requested approval of a Development Plan (DP 94- 17) for development of an 18,000 square foot public library and a 7,500 square foot community facility on an approximate 3.0+/- acre site; and WHEREAS, the subject site is located on the east side of Front Street, north of Hartz Way and south of Diablo Road, and is further identified as the easterly portion of Assessor's Parcel Number 216-110-002; and WHE~, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May, 24, 1994; 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 grants a Mitigated Negative Declaration of Environmental Significance and approval of the Development Plan (DP 94-07) per the conditions contained herein, and makes the following findings in support of such action; PAGE 1 RESOLUTION NO. 94-17 FINDINGS OF APPROVAL The proposed development is consistent with the General Plan and the Downtown Master Plan. o The proposed development will constitute a civic environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by: presently projected projects; proper entrances and exits; internal provisions for traffic or parking. The development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. The proposed land use will not be detrimental to the health, safety, and general welfare of 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. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described have been incorporated into the project. CONDI~ONS OF APPROVAL Conditions of approval with an asterisk ("*") 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. Project mitigation measures are PAGE 2 RESOLUTION NO. 94-17 identified at the end of the condition in parenthesis. A. GENERAL * 1. This approval is for an 18,000 square foot public library and a 7,500 square foot community facility on an approximate 3.0 acre site identified as the easterly portion of APN #216-110-002. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein. Preliminary Architectural Plans and Floor Plans, consisting of four sheets, as prepared by Bull, Stockwell, Mien and Ripley dated received by the Planning Division on May 20, 1994. Preliminary Landscape Plan, consisting of one sheet, as prepared by David Gates and Associates, dated received by the Planning Division on May 20, 1994. The applicant shall pay any and all 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 Contra Costa County Flood Control & Water Conservation District (Drainage Areas and Mitigation) 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. The applicant shall submit 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 (indicating that 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. 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 PAGE 3 RESOLUTION NO. 94-17 0 10. 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. (Mitigation Measure) 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. (Mitigation Measure) 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. (Mitigation Measure) 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. (Mitigation Measure) All new development shall be consistent with modern seismic design for resistance to lateral forces. All new development shall he in accordance with the Uniform Building Code and Town of Danville Ordinances. (Mitigation Measure) All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, and the United States Army Corps of Engineers codes and policies. (Mitigation Measure) PAGE 4 RESOLUTION NO. 94-17 11. 12. 13. 14. 15. 16. 17. All additional runoff shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. The preliminary hydraulic study prepared for the adjacent site (Zumult Engineering Group, April 9, 1993) indicates that the adjoining section of San Ramon Creek is an improved channel which is adequate to handle runoff generated by the 100-year storm. A study of the project's drainage basin shall be performed during preparation of project improvement plans to confirm the findings presented in the preliminary hydraulic study. Building pads shall be above the lO0-year flood plain considering ultimate development of the San Ramon Creek watershed. Written recommendation from a certified arborist outlining the appropriate mitigation measures to address construction related impacts to the Sycamore trees which are to remain along Front Street. (Mitigation Measure) To the extent that any existing riparian vegetation exists, it shall be preserved to the maximum degree possible in its present natural condition. This objective shall be achieved by imposing appropriate building setbacks along the creek and limiting structural drainage improvements to the channel to those that will result in minimal removal or damage to riparian vegetation. (Mitigation Measure) Construction activity shall be restricted to the weekday hours between the 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. (Mitigation Measure) The Town 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 possible. (Mitigation Measure) Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and right-of-ways. 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 PAGE 5 RESOLUTION NO. 94-17 Co prior to occupancy 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. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding residential properties and rights-of-way. 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. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained° 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. 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. The Town Library "stakeholders" shall resolve the issues related to the Sycamore trees along Front street. The "stakeholders" recommendation shall be reflected on the final landscape plan with emphasis on retaining existing trees to the extent possible. ° 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 #91-14 and shall be designed to avoid runoff and overspray. ° Trees utilized for the project shall be a mixture of specimen trees interspersed throughout the development. All trees shall be properly staked. PAGE 6 RESOLUTION NO. 94-17 All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. Ail landscaped areas not cOvered by shrubs and trees shall be planted with live ground cover. Ail proposed ground cover shall be placed so that they fill in within two years. 5. All existing trees on the site shall be preserved to the extent practical. ARCHITECTURE 0 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. Ail 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, or other appropriate equivalent. Gates will be self- closing and self-latching. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. If signing for the development is desired, a comprehensive sign program shall be submitted for review and approval of the Design Review Board. Mechanical equipment for both buildings shall be screened from public views. PAGE 7 RESOLUTION NO. 94-17 ~ E. PARKING :¢ Fo 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. GRADING Any grading on adjacent properties will require prior 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 and to the homeowner associations of nearby residential projects, 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. o All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 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 ghall make PAGE 8 RESOLUTION NO. 94-17 provisions for immediate containment of the materials. 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. STREETS All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day, unless otherwise authorized by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. The developer of the adjacent residential development is required by conditions of approval to pay a fee as its fair-share cost of off-site traffic improvements to mitigate identified environmental impacts related to traffic. The Town of Danville will fund the balance of the traffic improvement costs from the Capital Improvement Program. The improvements to be constructed include the following: o San Ramon Valley Boulevard/Hartz Avenue/Railroad Avenue Intersection Improvements Hartz Way Street Improvements Front Street Widening (Mitigation Measure) O O INFRASTRUCTURE 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. PAGE 9 RESOLUTION NO. 94-17 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). All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, and the United States Army Corps of Engineers codes and policies. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town 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 new utilities required to serve the development shall be installed underground. PAGE 10 RESOLUTION NO. 94-17 All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. APPROVED by the Danville Planning Commission at a Regular Meeting on May 24, 1994, 1994, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Bowlby, Hunt, Jameson, Murphy, Osborn, ~rflhauer APPROVED AS TO FORM: CcJt~ Attorney pgpz27a PAGE 11 RESOLUTION NO. 94-17