HomeMy WebLinkAbout94-18EXHIBIT A
RESOLUTION NO. 94-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TO~qN OF DANVILLE
APPROVING REQUESTS FOR A DEVELOPMENT PLAN, LAND USE PERMIT,
VARIANCE AND MASTER SIGN PROGRAM WITH A SIGN EXEMPTION (DP 94-30,
LUP 94-06, VAR 94-17 & SR 94-05) FOR CONSTRUCTION AND OPERATION OF A
3,000+ SQUARE FOOT RESTAURANT WITH OUTDOOR SEATING AND REDESIGN
OF DANVILLE SQUARE SHOPPING CENTER
(APN: 199-330-041, 043, 044, 045, 020, & 024)
WHERFakS, Danville Square, Inc. and Boston Chicken Inc. have requested approval of
a Development Plan, Land Use Permit, Variance, Master Sign Program, authorization to
redesign Danville Square Shopping Center parking area, and authorization to construct
a 3,000+ square foot restaurant with outdoor seating on a 39,131__+ square foot site;
and
WHERg&S, the subject site is located at the southwest corner of Railroad Avenue and
Love Lane at the Danville Square Shopping Center, further identified as Assessor's
Parcel Numbers 199-330-041,043, 044, 045, 020, & 024; and
WHEREAS, the Town of Danville Downtown Business District Ordinance, DBD - Area
4: Resident Serving Commercial, requires approval of a Development Plan, Land Use
Permit, Variance and Master Sign program to allow the proposed development of this
site; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 12, 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
adopt a Mitigated Negative Declaration of Environmental Significance and approve the
Development Plan, Land Use Permit, Variance and Master Sign Program request; and
WHEREAS, the requested use of the property is consistent with the property's
envisioned land use and development intensity, as outlined in the adopted Danville
PAGE 1 OF RESO!LUTION NO. 94-18
Redevelopment Plan whose boundaries include the subject property; and
WHEREAS, the Redevelopment Plan, approved and adopted by the Danville
Community Development Agency in July, 1986 (Ordinance No. 94), was subject of an
Environmental Impact Report (which has been considered in connection with the
review of this project and is included by reference in the environmental work for the
subject project), which was certified by the Town Council in July, 1986 (Town Council
Resolution No. 57-86); and
WHEREAS, the requested use of the property is consistent with the property's
envisioned land use and development intensity, as outlined in the adopted Downtown
Master Plan whose boundaries include the subject property; and
WHEREAS, the Downtown Master Plan, adopted by the Danville Town Council in
December, 1986, was subject of an Environmental Impact Report (which has been
considered in connection with the review of this project and is included by reference
in the environmental work for the subject project), which was certified by the Town
Council in November, 1986 (Town Council Resolution No. 106-86); and
WHEREAS, the requested use of the property is consistent with the property's
envisioned land use and development intensity, as outlined in the adopted Danville
2005 General Plan; and
WHEREAS, the Danville 2005 General Plan, adopted by the Danville Town Council in
December, 1986, was subject of an Environmental Impact Report (wlnich has been
considered in connection with the review of this project and is included by reference
in the environmental work for the subject project), which was certified by the Town
Council in October, 1987; and
WHEREAS, Danville Square, Inc. and the Danville Community Development Agency
(CDA) executed a Real Estate Purchase and Sale Agreement on Marclh 18, 1992
(authorized by CDA Resolution No. 1-92) and subsequently extended and amended on
February 1, 1994 (authorized by CDA Resolution No. 1-94) which, in part, addressed
the terms and conditions under which this site could be developed; and
WHEREAS, the sale of such Agency-owned property is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, a staff report was submitted recommending that Planning Commission
PAGE 2 OF RESOLUTION NO. 94-18
approve the subject 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 adopts a Mitigated
Negative Declaration of Environmental Significance and approves the Development
Plan and Land Use Permit requests (DP 94-30, LUP 94-06, VAR 94-17 & SR 94-05) per
the conditions contained herein, and makes the following findings in support of that
action:
The applicant has indicated an intent to start construction within 18 months of
the effective date of the permits;
The proposed project is consistent with the Danville 2005 General Plan, the
Downtown Master Plan and the Redevelopment Plan;
The proposed commercial development will constitute a commercial
environment of sustained desirability and stability, and will be', in harmony with
the character of the existing commercial development in the area, the
surrounding neighborhood, and the community;
The Initial Study prepared on the basis of the project application resulted in the
preparation of a Mitigated Negative Declaration of Environmental Significance
which indicates that, with the project conditions of approval, no significant
environmental impacts are anticipated to result from the proposed
development;
The Initial Study and Mitigated Negative Declaration of Environmental
Significance have been prepared and completed in compliance with the
California Environmental Quality Act CCEQA");
The Planning Commission has reviewed and considered the information
contained in the Initial Study and Mitigated Negative Declarafiion of
Environmental Significance, together with public comments on such documents,
and finds that there is no substantial evidence that the project will have a
significant effect on the environment;
PAGE 3 OF RESOLUTION NO. 94-18
The proposed project is consistent with the intent and requirements of the Real
Estate Purchase and Sale Agreement covering the property;
o
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;
°
The proposed project will mitigate off-site traff~c impacts through the assurance
of off-site improvements in a manner acceptable to the Town;
10.
The development plan will not encourage marginal development within the
neighborhood; and be it further
RESOLVED that the Planning Commission approves numerical parking variance
request VAR 94-17, per the conditions contained herein, and makes the following
findings in support of that action:
This variance does not constitute a grant of special privilege inconsistent with
the limitations on other properties in the area and the land use and zoning
district in which the subject property is located and acknowledges that the
proposed restaurant use on the adjoining site (i.e., Boston Cl~ticken) provides 13
more parking spaces than required for the proposed use, resulting in a surplus
of 5 parking spaces for the entire shopping center;
°
A reciprocal parking agreement will allow shopping center customers to park
on the Boston Chicken site which has a surplus of 13 parking spaces;
Strict application of the applicable zoning regulations would deprive the subject
property of rights enjoyed by others in the general vicinity antd/or located in the
same zoning district;
°
This variance is in substantial conformance with the intent and purpose of the
Downtown Business District: Area 4; Resident Serving Commercial District in
which the subject property is located since the variance recognizes that there
will be sufficient parking available to serve existing and proposed uses; and be it
further
RESOLVED that the Planning Commission approves Master Sign Program request SR
94-05 per the conditions contained herein and makes the following findings in support
PAGE 4 OF RESOLUTION NO. 94-18
of that action:
The signage is consistent in character with the Town's commercial design
guidelines, is compatible with project architecture, and is no larger than
necessary for adequate identification;
The proposed exception to allow the south elevation signage to have a
maximum height of 16 feet above grade level is reasonable because
architectural elements of the building are such that a sign placed in
conformance with height requirements of the Sign Ordinance (maximum height
of 15 feet) would aesthetically conflict with the building design.
3. The signage will not excessively compete for the public's attention;
The signage will be harmonious with the materials, color, text. are, size, shape,
height, location, design and in proportion with the architectural style of the
building, property or environment of which they are a part; and be it further
RESOLVED that the Planning Commission approves removal of three Valley Oak trees
identified as Trees #6, #12 and #16 on the Landscape Plan referred to in Condition
1.a. per the conditions contained herein and makes the following fintdings in support
of that action:
Removal of the three Valley Oaks will not lead to additional soil erosion, or the
diversion or increased flow of surface waters.
Removal of the trees will be mitigated by the planting of a minimum of eight
Scarlet Oaks planted on the site.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the fbllowing conditions of approval shall be complied with
prior to issuance of building permits for the project. Each item is subject to review
and approval by the Planning Division unless otherwise specified. Mitigation measures
included in the Mitigated Negative Declaration of Environmental Significance are also
included in the following Conditions of Approval, and are identified as "Mitigation
Measure."
PAGE 5 OF RESOLUTION NO. 94-18
~,"-- A. GENERAL
This approval is for revisions to Danville Square Shopping Center
parking lot and for construction of a new 3,000+ square foot restaurant
(Boston Chicken) with outdoor seating~ Development shall be
substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
Project drawings, dated received by the Planning Division on June
17, 1994, prepared by PSM Architects and SLS Aaisociates, Inc.,
consisting of six sheets.
Danville Square Shopping Center Parking Plan drawing, dated
received by the Planning Division on June 27, 1994, prepared by
Dahlin Group consisting of one sheet.
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 Park Dedication Fee and the drainage
acreage fees as established by the Contra Costa County Flood Control &
Water Conservation District, encroachment permit fees:, and National
Pollution Discharge Elimination System fees ($250.00), and commercial
Transportation Improvement Program (TIP) fees.
o
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 (SRVFPD) and the San Ramon Valley
Unified School District have been or will be, met to the satisfaction of
these respective agencies. The SRVFPD's initial comments on this project
are summarized within their memorandum dated June: 30, 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 (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.
PAGE 6 OF RESOLUTION NO. 94-18
If archeological materials are uncovered during any construction or
pre-construction activities on the site, all earthwork witl~in 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.
(Mitigation Measure) All construction and grading operations, including
delivery of materials and warming up of machinery, shall be limited to
weekdays during the hours from 7:30 a.m. to 5:30 p.m. unless otherwise
approved in writing 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 7:30 a.m. to 5:30 p.m. unless otherwise', approved in
writing by the Chief Building Official.
o
All physical improvements shall be in place prior to occupancy of the
project.
All parking improvements, landscaping and tree improvements for
Danville Square Shopping Center shall be completed prior to issuance of
occupancy permits for Boston Chicken restaurant.
B. SITE PLANNING
(Mitigation Measure) All lighting shall be installed in :such a manner that
glare is directed away from surrounding properties and rights-of-way and
is subject to final review and approval of the Design Review Board prior
to issuance of a building permit.
The location of any pad mounted transformers shall be subject to
approval by the Design Review Board 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.
3. Truck deliveries to the restaurant site shall be scheduled from 7:00 -
PAGE 7 OF RESOLUTION NO. 94-18
C0
11:00 a.m. and 2:00 - 5:00 p.m. on Monday through Friday to the greatest
extent possible.
The final design of the trash enclosure shall reflect the dimensional
criteria deemed acceptable by Valley Waste Management and shall
incorporate the use of a concrete apron to facilitate mechanical pick-up
service. Any modifications to the exterior appearance cfi the trash
enclosure are subject to review and approval by the Design Review
Board.
The applicant shall provide the Planning Division with written proof from
Valley Waste Management that the trash area is adequate for trash and
recyclable storage prior to issuance of a building permiit.
Outdoor display, goods for sale, or storage of supplies, refuse (outside of
approved refuse container locations) and other materials is specifically
prohibited.
(Mitigation Measure) A litter collection and sweeping program shall be
established and submitted in writing to the Planning Division prior to
issuance of a building permit° The program shall be continuously
maintained to prevent accumulation of litter on and off site within a 500
foot radius of the exterior boundaries of the Boston Chicken restaurant.
The site, including the building, parking areas and landscaping areas,
shall be maintained in proper condition at all times and shall be kept free
of litter and graffiti.
Public telephones and advertising materials or sales not directly
associated with the restaurant operation are expressly prohibited from
being located or displayed on the exterior of the restaurant premises.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Desiign 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.
PAGE 8 OF RESOLUTION NO. 94-18
o
All plant material shall be served by an automatic undelcground 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.
o
A minimum of one-half of the on-site project trees planted for the
restaurant shall be 24-inch box specimen trees (15___ trees), however all
Scarlet Oaks shall be 24-inch box specimen trees. All remaining trees
shall be a minimum of 15 gallon container size. All trees shall be
properly staked. A minimum of 25% of the true shrubs planted in the
project shall be 10 gallon container size shrubs. All remaining shrubs
used in the project, which are not used as ground cover, shall be a
minimum of five gallons in sizeo
(Mitigation Measure) All existing on-site trees shall be preserved to the
extent practical. Removal will be allowed only upon prior written
approval from the Planning Division. The following specific trees shall
be preserved and integrated into the development subject to
recommendations in the arborist report (this may require the elimination
of parking spaces): four of the five existing Valley Oaks located at the
northwest area of the site and parallel to Love Lane; the 18 inch Valley
Oak located in the public right of way adjacent to the northerly shopping
center driveway at Railroad Avenue; modification of the walkway leading
from the north restaurant entrance to the handicap parking spaces to
preserve two Valley Oaks (5 and 10 inches in diameter), preservation of
the existing Valley Oak (5 inch diameter) located north of the walkway
leading to the east elevation entrance, and the 24 inch diameter Valley
Oak currently located at the southwest corner of the existing warehouse.
o
(Mitigation Measure) An arborist's report shall proviCle tree preservation
guidelines to provide tree-specific preservation measures during the
construction and post-construction process for those existing trees to be
retained within the project. The completed arborist's report shall be
submitted for review and approval to the Planning Division at least 30
days prior to issuance of a grading permit. The recommendations of this
supplemental report shall be incorporated into the final design and
construction of the project.
6. (Mitigation Measure) To insure protection and prese~rvation of existing
PAGE 9 OF RESOLUTION NO. 94-18
trees to be preserved on the site, the applicant shall post a cash bond in
the amount of $ 5,000 with the Planning Division prior to issuance of a
building permit. The term of the bond shall extend at least two full
growing seasons after project completion.
(Mitigation Measure) Prior to commencement of grading activity, the
applicant shall provide fencing at least five (5) feet outside of the drip
line of all trees to be retained on the site in order to give grading
contractors proper visual notification to keep equipment out of the area
surrounding these trees. During grading operations a ,qualified arborist
shall be on site to approve any needed exceptions to this requirement.
(Mitigation Measure) Scarlet Oak street trees (Quercus coccinea -
minimum 24 inch box size) shall be planted 25 feet on center along the
entire Railroad Avenue street frontage from Linda Mesa Avenue to Love
Lane. All street trees shall be served by a automatic irrigation system
subject to staff review and approval. Brick tree wells slhall be installed
consistent with the Downtown Beautification Plan.
o
Prior to issuance of a building occupancy permit, all landscaping shall be
subject to the revie ;w and approval of the Design Review Board in regards
to consistency with the intent and specification of the approved landscape
plan.
10.
Plant selection shall emphasize drought tolerant native species. Use of
turf shall be minimized and shall reflect the planting ratio limits
developed by EBMUD (a maximum of 25% of the landscape area shall be
installed with turf).
11.
The restaurant site shall not include playground equipment or a play
yard.
12.
Bicycle racks sized to accommodate a minimum of 12 bicycles shall be
located on the site. The design of the racks, and their precise location
are subject to the review and approval by the Design Review Board as
part of the review process of the landscape and irrigation plans.
13.
A hedge shall be planted along the Railroad Avenue frontage of the
shopping center parking lot consistent with the Downtown Beautification
PAGE 10 OF RESOLUTION NO. 94-18
Plan and shall be subject to the review and approval of the Design
Review Board.
14.
A wrought iron fence shall be extended to include the western portion
of the restaurant site. The fence design for the entire site shall be revised
subject to the review and approval of the Design Review Board prior to
issuance of building permits°
D. ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structure. The highest point of any roof
mounted equipment shall not extend above the top of the equipment
well.
Trash enclosure doors shall be self-closing and self-latching. The
materials and design of the trash enclosure are subject to the review and
approval of the Design Review Board prior to issuance of a building
permit.
The street number of the building shall be posted so as to be easily seen
from the street at all times, day and night.
Prior to painting the exterior of the building, samples of final colors shall
be applied to the structure for review and approval by the Design Review
Board.
All architectural details shall be reviewed and approved by the Design
Review Board prior to issuance of a building permit.
The final roof material shall be reviewed and approved by the Design
Review Board prior to issuance of building permits.
Knee braces under the building eaves shall have a minimum thickness of
3.5 inches.
8. Parking lot light fixtures shall be limited to a maximum height of 20 feet.
PAGE 11 OF RESOILUTION NO. 94-18
Eo
10.
11o
12.
Fixtures shall be black in color and the proposed decorative bracket shall
be eliminated. If additional parking lot lighting is needed, light standards
shall be reduced to a height of 16 feet. The final parking lot lighting
design is subject to review and approval of the Design Review Board
prior to issuance of building permits.
(Mitigation Measure) All exterior building lighting shall be located
under roof eaves and all light sources shall be screenecl from view of the
public. All exterior building lighting shall be subject to the review and
approval of the Design Review Board. Lighting of roof elements in this
project is specifically prohibited.
Final colors and material of the exterior sidewalk at the restaurant
entrance, and outdoor seating area shall be subiect to review and
approval of the Design Review Board prior to issuance of building
permits.
Any future modifications to the exterior (including but not limited to
exterior remodeling, change of paint colors or reroofing) shall require a
development plan application and is subject to review and approval of
the Design Review Board.
Patio umbrellas shall be Smith & Hawkins "Market Umbrellas" or an
alternative umbrella may be utilized subject to review and approval by
the Design Review Board prior to issuance of occupancy permits.
Outdoor patio furniture for the outdoor seating area shall be Ultrium
"Series UF-2100" or an alternative may be utilized subject to review and
approval by the Design Review Board.
13.
All exterior lighting fixtures are subject to final review and approval by
the Design Review Board prior to issuance of building permits.
SIGNAGE
The sign area of the monument sign shall not exceed 20 square feet (as
defined by the Sign Ordinance - Ord. 91-30). The final design, colors,
materials and lighting of this sign shall be subject to review and approval
by the Design Review Board prior to issuance of building permits for the
restaurant.
PAGE 12 OF RESOLUTION NO. 94-18
A total of two building signs are approved for the building. The interior
illuminated channel letter sign located on the south elevation shall have
transformers behind the walls and all sign reveals shall be a minimum of
four inches deep, painted to match the building color.
o
Use of temporary/promotional signs on the restaurant site shall be
subject to separate review and approval by the Planning Division and
shall conform with the requirements of the Danville Sign Ordinance,
including any future amendments to the temporary/promotional sign
section of the Sign Ordinance.
F. PARKING
Minimum parking dimensions shall be as follows for the Boston Chicken
site and Danville Square Shopping Center:
b0
All standard sized on-site parking spaces shall be a
minimum of 9 feet by 19 feet (a maximum two foot
overhang into the landscape area is permitted).
Compact spaces shall be no less than 8 feet by 16 feet in
size, including allowable overhang into the landscape area.
Where authorized, compact car spaces shall be clearly
designated with appropriate pavement marking or signage.
Aisle widths within the restaurant parking lot shall be a
minimum of 24 feet for two-way drive aisles;
The parking and driveway surfacing of the restaurant 10ad site shall be
asphalt concrete paving and shall be maintained in good condition at all
times.
The concrete bases of the light standards in the restaurant parking area
shall be architecturally finished (exposed aggregate or approved alternate
finish).
The Danville Square Shopping Center parking lot shall be resurfaced or
recoated with a asphalt sealer and restriped consistent with the approved
shopping center restriping plan prior to occupancy of the Boston
Chicken Restaurant.
PAGE 13 OF RESOLUTION NO. 94-18
(Mitigation Measure) A concrete curb shall be installed along the
Railroad Avenue frontage of the parking lot to provide a continuous
wheel stop for vehicles. Concrete curbs shall also be installed at all
driveway entrances to the shopping center to delineate driveway
entrance/exits for motorists. The final shopping center parking lot
design shall be subject to Planning Division review and approval.
(Mitigation Measure) The throat of the northernmost Railroad Avenue
driveway shall be widened to facilitate traffic flow subject to review and
approval of the Planning Division.
o
A concrete wheel stop shall be installed for each of the shopping center
parking spaces (except parking spaces adjacent to Railroad Avenue and
the restaurant pad site).
The Linda Mesa drive aisle driveway shall be reconstructed to serve as an
entrance-only/one-way driveway. Parking lot signage shall be installed
indicating "Do Not Enter - One Way Only" subject to the review and
approval of the Director of Development Services. The', location of the
drop-off mail boxes in the one-way drive aisle is subject to the review
and approval of the Director of Development Services.
An access easement shall be recorded by the shopping center owner that
reflects the revised driveway location for the kennel and shopping center
driveway access to Love Lane, as generally shown on plans cited in
Condition #A.l.b. of these conditions.
10.
The shopping center owner and the restaurant pad owner shall record a
reciprocal parking and access agreement to allow shared parking/access
subject to the review and approval of Planning staff. ~[he parking
agreement shall be recorded prior to occupancy of the.' restaurant
building.
G. GRADING
* 1.
Any grading on adjacent properties requires written approval of those
property owners affected.
* 2. Areas undergoing grading, and all other construction activities shall be
PAGE 14 OF RESOLUTION NO. 94-18
watered, or treated with other dust control measures to prevent dust.
These measures shall be approved by the Chief Building Official and
employed at all times as conditions warrant.
Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
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 Town Engineer. It
shall be accompanied by an engineering and geological opinion as to the
safety of the site from settlement and seismic activity.
0
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 vqll commence.
The notice shall include a list of contract persons with name, title, phone
number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
times and shall consist of persons with authority to initiate corrective
action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified
in the notice.
All 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 modern seismic design for
resistance to lateral forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
PAGE 15 OF RESOLUTION NO. 94-18
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, exte. nt 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.
* 10.
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.
H. STREETS
* 1.
The developer shall obtain an encroachment permit from the Engineering
Department prior to commencing any construction activities within any
public right-of-way or easement.
Street signing shall be installed by the developer as may be required by
the City Engineer. Traffic signs and parking restriction signs shall which
may be required to be installed shall be subject to review and approval
by the Police Division.
0
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 to the satisfaction of
the City Engineer.
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.
PAGE 16 OF RESOLUTION NO. 94-18
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 City
Engineer an up-to-date rifle report for the subject property.
I. TRAFFIC
The traffic mitigation measures listed below shall mitigate the existing and
anticipated traffic and circulation issues in the vicinity of the restaurant. These
circulation improvements are included in the 1994/95 to 2000/01 Town of
Danville Capital Improvement Program as project no. C-228, Westside Area
Circulation Improvements. Specific traffic improvement projects will be refined
in conjunction with planned improvements to the San Ramon Valley High
School southern parking lot to be completed in the summer of 1996. Capital
improvements may include the following:
(Mitigation Measure) Signalizing the existing free right turn from
Danville Boulevard to Railroad Avenue.
(Mitigation Measure) Modification of existing high school driveways to
improve minimize queuing on public streets.
(Mitigation Measure) Realignment of the Chevron gas, station's Railroad
Avenue driveway to align with the appropriate Danville: Square driveway
curb cut on Railroad Avenue to create a standard intersection.
Selection of mitigation measures shall be made by the Town Council, based on
input from area residents and businesses as well as High School and School
District staff.
j. INFRASTRUCTURE
PAGE 17 OF RESOLUTION NO. 94-18
Water supply service shall be provided by the East Bay Municipal Utility
District (EBMUD) 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).
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.
o
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.
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control & Water Conservation District.
All utilities required to serve the development shall be installed
underground.
All public improvement plans shall be prepared by a licensed civil
engineer.
10.
(Mitigation Measure) The developer shall mitigate the.' impact of
additional stormwater runoff from this development on the San Ramon
PAGE 18 OF RESOLUTION NO. 94-18
Creek watershed by either of the following methods:
no
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 disposed of offsite by
the developer at his cost. The site selection, land rights, and
construction staking will be determined by the Contra Costa
County Flood Control & Water Conversation DistTict
(CCCFC&WD).
OR, AT THE OPTION OF THE DEVELOPER,
Contribute to the County Deficiency Development Fee Trust (Fund
No. 812100-0800) 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 CCCFC&WD will use the
monies to implement the subject improvements. The added
impervious surface area created by the development will be based
on the CCCFC&WD's standard impervious surface area ordinance.
11.
(Mitigation Measure) Cleaning or disposal operations such as, but not
limited to, project sweeping, cleaning of sidewalks and concrete areas,
etc. shall occur on a regular basis. Ail waste material t~com these
operations shall be deposited into a trash receptacle a~d/or sewage
system and not the storm drainage system if they contain contaminants.
Oil and grease on concrete shall be swept up with absorbent material
and properly disposed of and shall not be washed into the storm drain
system.
12.
(Mitigation Measure) 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 to avoid
liquid waste and contaminants entering the storm drain system.
13.
(Mitigation Measure) All grease resulting from the operation of this
restaurant shall be collected, contained and properly disposed. No
grease or other contaminants from this facility shall en~ter the storm drain
system.
PAGE 19 OF RESOLUTION NO. 94-18
14.
A fire hydrant shall be located within the public right-of-way on Railroad
Avenue subject to the requirements of San Ramon Valley Fire Protection
District.
K. MISCELLANEOUS
The project shall be constructed as approved. Minor mtodifications in the
design, but not the use, may be approved upon securing review and
approval by the Design Review Board. Any other change will require
Planning Commission approval through the Development Plan review
process.
The developer shall comply with all relevant requirements of the Contra
Costa County Health Services Department-Environmenral Health.
(Mitigation Measure) All exhaust ventilation systems for each cooking
grill shall be fitted with electrostatic precipitator air cleaning systems to
reduce smoke and odors to an efficiency level of 95-99% by particle
count on an ongoing basis.
Hours of operation for the restaurant shall be limited to 10:30 a.m. to 10
p.m. Sunday thru Thursday, and 10:30 a.mo to 11 p.m. Fridays and
Saturdays.
If loitering becomes a problem inside or outside of the: restaurant (as
determined by the Danville Police Department), the restaurant operator
shall implement additional safety measures and/or additional security
personnel to maintain adequate security at the restaurant and immediate
vicinity subject to the review and approval of the Chief of Police.
The number of outdoor seats shall be limited to a maximum of 60 seats
Any modification to the outdoor table design is subject to the review
and approval of the Design Review Board. After six months of operation,
the Planning Commission shall review the operation of the outdoor
seating area. The Planning Commission may require modifications to the
operation of the outdoor seating area. Such modifications may include,
but are not limited to: a reduction in the number of seats, additional
fencing, landscape modifications, additional security measures.
PAGE 20 OF RESOLUTION NO. 94-18
0
The restaurant operator shall clean grease and oil stains in the parking
lot and trash enclosure area on a quarterly basis. After one year of
restaurant operation, Planning staff shall inspect the site', and review the
adequacy and frequency of the maintenance program. The maintenance
schedule may be adjusted subject to the review and approval of the Chief
of Planning.
(Mitigation Measure) During project construction, the developer shall
require their contractor's 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) Project lighting shall be directed, away from public
right of ways~
APPROVED by the Danville Planning Commission at a Regular Meeting on July 12,
1994 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer
APPROVED AS TO FORM:
Chairm~n
City Attorney
Chief of Planmng
pdpz54
PAGE 21 OF RESOLUTION NO. 94-18