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