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HomeMy WebLinkAbout95-03EXHIBIT A RESOLUTION NO. 95-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A FINAL DEVELOPMENT PLAN REQUEST (DP 95-02) TO MODIFY PREVIOUSLY APPROVED ARCHITECTURE FOR THE VILLAGE AT TASSAJARA SHOPPING CENTER (DP 91-07) AND MINOR SUBDIVISION REQUEST MS 858-94 TO SUBDIVIDE THE 4.20+/- ACRE SITE INTO TWO PARCELS ON PARCEL A OF MS 858-94 AT 9000 CROW CANYON ROAD (APN: 206-010-052) WHERF~S, Tassajara Village Partners has requested approval of a Final Development Plan (DP 95-02) to modify a previously approved Development Plan (DP 91-07) for the Village at Tassajara Shopping Center to construct a detached 5,600+/- square foot medical office building and a Minor Subdivision (MS 858-94) to divide the subject parcel into two parcels, .52+/- acres and 3.68+/- acres in size; and WHEREAS, the subject site is 4.20+/- acres in size and is located at 9000 Crow Canyon road and is known as Parcel A of MS 851-92, further identified as Assessor's Parcel Number 206-010-052; and WHEREAS, the Planning Commission did review the previously approved shopping center Development Plan (DP 91-07) at a noticed public hearing on March 26, 1991; and WHEREAS, the Planning Commission reviewed this Development proposal at the February 14, 1995 Planning Commission meeting and continued this item with the following direction: A more centralized bicycle rack shall be incorporated into the shopping center design. A minor subdivision including only two parcels, with the medical building on proposed Parcel A and the shopping center on proposed Parcel B is more appropriate. The width of the proposed service road located to the west of the shopping center should be indicated on the Development Plan and Tentative Map proposals. 'PAGE 1 RESOLUTION NO. 95-03 The Town's traffic manager should address traffic circulation for the shopping center, proposed medical facility and the existing McDonald's Restaurant. 5. The project shall incorporate the following staff recommendation: The Development Plan and Tentative Map shall be corrected to indicate a minimum 20 foot landscape setback along the project's Camino Tassajara frontage. XVHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan to revise a previously approved Final Development Plan prior to development of the site; and XVI-IERF~S, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Parcel Map; and XVHEREAS, previous Conditions of Approval for the shopping center (DP 91-07) required shopping center land uses to comply to the requirements of the R-B; Retail Business District; and WHEREAS, a Negative Declaration of Environmental Significance was previously adopted for the shopping center indicating that no potential significant impacts have been identified to be associated with the development of this project; the potential impacts associated with the development of this property for commercial uses were addressed in the Final Environmental Impact Report (FEIR) prepared and certified for the Dougherty Road General Plan Amendment Study; and XVHEREAS, the minor subdivision has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) as the project consists of the division of property in an urbanized area into less than four parcels in conformance with the General Plan and Zoning Ordinance; and VZHERF~S, the Planning Commission did review the proposed Development Plan modification (DP 95-02) and Minor Subdivision (MS 858-94) at a noticed public hearing on February 28, 1995; and XVHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 2 RESOLUTION NO. 95-03 WHERF~S, a staff report was submitted recommending that Planning Commission approve the requests; and WHERF~S, 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 approves the Final Development Plan and Minor Subdivision requests (DP 95-02 & MS 858-94) per the conditions contained herein, and makes the following findings in support of this action: Final Development Plan The proposed project is consistent with the Danville 2005 General Plan and the Preliminary Development Plan covering the site (approved by the Town Council on November 6, 1986 through adoption of Ordinance 99). The proposed 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 proposed development will mitigate off site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town, The previously certified FEIR prepared for the Dougherty Road Area General Plan Amendment Study fully discussed potential impacts associated with development of the Tassajara Ranch, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings. 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 of the project), and 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 PAGE 3 RESOLUTION NO. 95-03 Co 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 residential dwelling 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 has 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. Minor Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the three new parcels. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. 0 The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PAGE 4 RESOLUTION NO. 95-03 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of a building permit for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL This approval is for a Final Development Plan (DP 95-02) to modify architecture for the second phase of a previously approved 37,000 +/- square foot shopping center and a Minor Subdivision (MS 858-94) to subdivide the site into two parcels at the shopping center identified as "The Village at Tassajara." Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Project architectural drawings for the medical building dated February 25, 1995, prepared for Tassajara Village Partners consisting of four sheets completed by Joseph K. Bettencourt, Architect. A Tentative Map consisting of one sheet, as prepared by David B. Hop Civil Engineer and dated received by the Planning Department on February 23, 1995. 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the drainage acreage fees as established by the Contra Costa County Flood Control District, Central Contra Costa Sanitary District fees, Checking, and Inspection fees. This development is not subject to the Transportation Improvement Fee (TIP Fee) because of the inclusion within the Tassajara Area Benefit District Child care fees for the shopping center, including the medical office building are waived, provided that all terms of the previously approved "Child Care Agreement" between the Town and Signature Properties are PAGE 5 RESOLUTION NO. 95-03 met. If a child care facility is not constructed and operating by June, 1996 or the agreement is not extended beyond June 1996, the developer shall pay child care fees for the shopping center site (including the medical building) and the parcel located at the southwest corner of Camino Tassajara and Crow Canyon Road (APN: 206-010-032). Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies° If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities PAGE 6 RESOLUTION NO. 95-03 shall be discontinued during high wind periods. Bo 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 except for items specifically excluded in a Construction-Phases Occupancy Plan approved by the Planning Commission. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under PUD 86-3 and as established by the R-B; Retail Business District of the Zoning Ordinance. SITE PLANNING Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties or public streets. Lighting used after daylight hours shall be adequate to provide for security needs. Wall lighting around the entire perimeter of the buildings in this project shall be supplied to provide "wash" security lighting. Lighting fixtures within the parking area shall not exceed twenty feet in height. The Lighting Plan for the center shall be subject to review and approval by the Design Review Board prior to the issuance of a building permit. Lighting of roof elements in this project is specifically prohibited. o The location and screening of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. The developer shall submit written documentation from PG&E that the general location, design and landscape screening and access provided to the transformers is acceptable to that agency. Generally speaking, such transformers shall not be located between any street and the front of a building. The locations and number of trash and refuse containers shall be designated on the revised shopping center site plan subject to the review and approval of Valley Waste Management and the Chief of Planning PAGE 7 RESOLUTION NO. 95-03 0 prior to issuance of building permits for the construction of new buildings on Parcel A or B. The design of the enclosures shall reflect the dimensional criteria deemed acceptable by the affected disposal collection agency, and shall incorporate the use of concrete aprons to facilitate mechanical pick-up service. The property owner shall covenant through a recordable document satisfactory to the Town of Danville, to be responsible for facilitating the ongoing proper access to the trash containers by the local refuse collection company. This may include having the owner, or owner's contractors, consolidate refuse containers in locations where refuse collection will be possible. In the event that problems arise that can only be remedied by changes in improvements, then these changes will be made at the owner's expense. Outdoor storage of supplies, palettes, refuse (outside of approved refuse container locations) and other materials is specifically prohibited. A litter collection and sweeping program shall be established and shall be continuously maintained to prevent accumulation of litter on and off site. The site, including the various buildings, parking areas and landscaping areas, shall be maintained in proper condition at all times and shall be free of litter and graffiti. This shall be assured through execution of a maintenance agreement for this purpose, acceptable to the Town. This agreement shall permit the Town to have necessary site maintenance undertaken at the expense of the property owner of record if necessary. Sweeping and cleaning of parking areas shall be limited to 7:00 a.m. to noon, Monday through Friday. The developer, or his appointed representative, shall work closely with the Planning Division to provide all information required to allow the monitoring of each tenant occupancy in the center as regards tenant space location, gross lease space and tenant use. This information shall be supplied to allow the center's numerical parking requirements to be calculated on an ongoing basis. Tenant mix in the center shall be regulated as necessary to assure conformance with the City's numerical parking requirements (See Condition F.8). Prior to occupancy of the medical office building on Parcel A of MS 858- 94, the previously approved service vehicle drive on the west side of the shopping center site shall be completed. All trash enclosures for the PAGE 8 RESOLUTION NO. 95-03 10. 11. 12. 13. center shall be constructed and operating with access from the service driveway prior to occupancy of the medical/office building subject to review and written approval from Valley Waste Management and the Planning Division. The developer shall diligently pursue an easement on the adjacent property to the west so that the service driveway can be a minimum width of 20 feet from curb to curb at the pinch point of the existing building on parcel B. The service driveway located on the west of the medical building site shall be minimum of 20 feet in width from curb to curb. This may result in a reduction in size of the medical building, or easements to be secured to allow a portion of the driveway to be constructed on the property located to the west. These requirements are subject to the final review and approval of the San Ramon Valley Fire Protection District prior to occupancy of the medical building. As an alternative to requiring an easement on the adjacent parcels to the west of the center (APN: 206-010-047 & 048), and reducing the size of the subject building, the subject building can be shifted approximately five feet to the east, subject to the review and approval of the Design Review Board. The vehicular access from Parcel A to the service driveway to the west shall be for emergency vehicles only and shall be blocked with bollards subject to the review and approval of the Chief of Planning and San Ramon Valley Fire Protection District. The Town Traffic Division shall review the design of the emergency access in terms of discouraging its use as an illegal parking space. If necessary, design modifications shall be made to the emergency access subject to review and approval by the Town Transportation Division prior to issuance of building permits for the medical building on Parcel A. "No parking" signs shall be posted at the emergency access subject to the review and approval of the Town Transportation Division. The bicycle racks currently located in the shopping center parking lot adjacent to McDonald's Restaurant shall be located to a more central location within the shopping center subject to the review and approval of the Chief of Planning. PAGE 9 RESOLUTION NO. 95-03 Co 14. The trash enclosure for the medical building shall be located west of the existing building located on Parcel B (Phase One of the shopping center) subject to the review and approval of the Design Review Board prior to issuance of building permits for the structure located on Parcel A. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1" =20' scale), shall be completed by a licensed Landscape Architect and qualified Landscape Irrigation specialist, and shall be submitted for review and approval by the Design Review Board prior to issuance of Building and Grading Permits. 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. All landscaping and irrigation shall be inspected by the designer and certified complete by written documentation to the Planning Division prior to occupancy of the structure. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. A minimum of 50% of the trees planted along the Camino Tassajara frontage, along the frontage adjacent to "A" Court (project entries), and pedestrian amenity areas shall be 24-inch box specimen sized trees. Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover. A landscaped setback of a minimum of 20 feet shall be provided along the project's Camino Tassajara frontage. A retaining wall shall be provided to allow berming of landscaping to minimize the view of parking areas as seen from the street. The location, length, design, height and materials of the retaining walls shall be subject to review and approval as part of the Project Landscape and Irrigation Plan submittal. Landscaping of the project's Camino Tassajara frontages shall be consistent with the landscaping along Camino Tassajara within the Sycamore Valley Specific Plan Area. PAGE 10 RESOLUTION NO. 95-03 Do A 30 foot landscape easement exists along the property's Camino Tassajara frontage. This development and future owner's of this parcel shall be subject to maintenance of the landscaping and any improvements in this area. Prior to recordation of a Final Map, the owner shall record a deed restriction binding this condition. The restriction shall be subject to review and approval by the City Attorney prior to recordation. The developer shall document that rights have been secured from Signature Properties for off-site landscaping and maintenance on two parcels west of the shopping center (APN's: 206-010-047 & 048) as depicted on the previously approved landscape plans (DP 91-3). Prior to issuance of a building permit on the subject parcel, the developer shall submit a maintenance agreement for review and approval by the Chief of Planning and the City Attorney. The maintenance agreement shall be recorded prior to issuance of building permits. The Final Landscape Plan shall be revised to include a larger area containing more intensive landscaping on the adjacent parcel to the west (APN: 206-010-047) to visually mitigate the service exit from street view. The property line tree planting shall also be increased in depth along the rear of the center. Plant selection shall emphasize drought tolerant native species. Use of turf shall be minimized and shall reflect the planting ratio limits developed by EMBUD (a maximum of 25% of the landscape area shall be installed with turf). Turf is expressly prohibited adjacent to the perimeter street frontages. The Final Landscape Plan shall be subject to review by the Town's Parks Maintenance Supervisor and shall reflect the Town of Danville's Water Conservation Guidelines in place as the time of approval of the plans. 10. Bicycle racks shall be incorporated into the triangular landscape area in the parking lot that is aligned with the southern end of Phase One subject to the review and approval of the Design Review Board prior to issuance of building permits on either Parcel A or B. ARCHITECTURE All ducts, meters, air conditioning, fire sprinkler apparatus and/or any other mechanical equipment whether on the structure or on the ground PAGE 11 RESOLUTION NO. 95-03 0 o shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. Any deviations or additions to the approved architectural plans cited in Condition #A. 1. a. above shall be referred back to the Design Review Board for consideration and approval. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to construction of the trash enclosure, the developer shall provide written authorization from Valley Waste Management verifying that the proposed location of the trash enclosure is adequate. If the trash enclosure must be relocated on the site, its location shall be subject to review and approval by the Design Review Board. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. Ail exterior building materials and colors shall match Phase I of the existing shopping center. The exterior material shall be horizontal wood siding (the use of pressboard or "Masonite" type products are expressly prohibited for exterior surface areas). The medical office building shall utilize the same mullion design as the Phase I of the center. Clear glass shall be used for all windows in the medical office building. Any design changes necessary for the revised window design shall be reviewed and approved by the Design Review Board prior to issuance of building permits. Prior to issuance of building permits, a master sign program for the medical office building shall be submitted to the Design Review Board prior to issuance of building permits. The sign program for medical office building shall be compatible with the sign program utilized for the previously approved master sign program. PAGE 12 RESOLUTION NO. 95-03 Fo Subsequent to approval of a master sign program for the medical office building, each sign shall be reviewed and approved by the Planning Division prior to installation and may be referred to the Design Review Board, if determined necessary by the Chief of Planning. 10. There shall be no monument sign dedicated exclusively to the medical office building. 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. Compact car spaces shall be clearly designated with appropriate pavement marking or signage. All landscape islands and tree wells shall be bordered by 4 inch raised concrete curb. 4. Minimum parking dimensions shall be as follows: Standard spaces shall be a minimum of 9 feet by 19 feet with up to a 2 foot parking overhang permitted; Compact spaces shall be a minimum of 8 feet by 16 feet with up to a 1.5 foot overhang permitted; The main entry aisle and the parking aisle adjacent to the building shall be a minimum width of 30 feet; do All other aisle widths for parking shall be a minimum width of 24' for two-way drive-aisles. A maximum of 30% of the project parking spaces may be sized for compact cars. 5. The parking and driveway surfacing shall be asphalt concrete paving. PAGE 13 RESOLUTION NO. 95-03 Go The concrete bases of light standards at the center parking areas shall be architecturally finished (exposed aggregate or approved alternate finish). 0 The center shall contain a minimum of 169 parking spaces as required for Development Plan DP 91-07. Based on a numerical calculation of one space per 250 square feet of gross floor area for retail space of existing and proposed retail space in the shopping center, a total of 20 parking spaces required for the medical building and six spaces required in the shopping center parking lot for the McDonald's restaurant, this site exceeds the minimum allowable by 22 spaces. The previous entitlement for Final Development Plan DP 91-07 granted a numerical parking variance up to 10 percent or 17 spaces to allow additional restaurant capacity. Six of these spaces have been utilized by the McDonald's Restaurant. The existing shared access and maintenance agreement between McDonald's and the shopping center shall be amended. Parcels A and B and the McDonald's site (APN: 206-010-053) shall be included in the amended agreement. The shared access and maintenance agreement shall continue to assure provision of a minimum of six shopping center spaces in perpetuity for McDonald's restaurant, in addition to addressing common use of all driveways, parking and pedestrian ways. This document shall be recorded prior to or concurrent with recordation of the Parcel Map. This document shall be submitted for review and approval by the Town Attorney prior to recordation of the Parcel Map. The shared access and maintenance agreement shall include guaranteed access to Medical Office's trash enclosure located on Parcel B. Both curbs of the northerly drive aisle serving the shopping center and McDonald's Restaurant shall be painted red to prohibit parking in the drive aisle. Curbs shall be painted red prior to recordation of the Final Map subject to the review and approval of the Transportation Division. GRADING Any grading on adjacent properties will require written approval of those property owners affected. This entitlement proposes off-site grading on APN: 206-010-047, the parcel to the west. The developer shall document that rights to enter have been secured from the property owner, prior to issuance of a grading permit. PAGE 14 RESOLUTION NO. 95-03 Development shall be completed in compliance with the detailed soils report prepared by Hollenbeck and Associates, dated February 10, 1989 and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the structures in this center. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. 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 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, rifle, 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 noficeo 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 modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 15 RESOLUTION NO. 95-03 o 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. 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. STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. o Street signing shall be installed by the developer 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 Police Department. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. PAGE 16 RESOLUTION NO. 95-03 Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. The developer's engineer shall demonstrate adequate stopping sight distance exists at the "service vehicle exit" only onto Camino Tassajara subject to the review and approval of the Town traffic manager. Per section 1.(b) (ii) of the "Agreement regarding payment of fees from Tassajara Ranch" recorded March 28, 1989, this subdivision may be required to pay additional fees for the Crow Canyon Road Extension Fee Benefit Area. These fees are due upon issuance of the building permits for developments within this subdivision. The subdivider has the obligation to inform Blackhawk Corp. (3820 Blackhawk Road, Danville, CA 94526) of this development and all future building permits within this subdivision. 10. Abutter's rights have been relinquished on this site with the exception of the indicated access point. The applicant shall request an easement from the Town of Danville to permit service vehicle egress onto Camino Tassajara from the Service Vehicle Exit at the western property boundary. I. INFRASTRUCTURE * 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. * 2. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. PAGE 17 RESOLUTION NO. 95-03 Jo Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. o If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 11. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS 1. Conditions of this approval may require the applicant to install public PAGE 18 RESOLUTION NO. 95-03 o improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon, The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant° Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Final Development Plan, Minor Subdivision and Land Use Permit applications, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. In the event that construction on Parcels A and B does not commence within slx months of approval of the tentative map, additional architectural details shall be added to the north and south elevations of the existing building subject to the review and approval of the Design Review Board. A time extension for this requirement can be considered by the Planning Commission. In the event that construction on Parcels A and B does not commence within slx months of approval of the tentative map, landscaping shall be added to screen Parcels A and C from Camino Tassajara, A street, Center Way and the existing shopping center parking lot subject to review and approval of the Design Review Board. A time extension for this requirement can be considered by the Planning Commission. A Land Use Permit shall be required to convert the medical office building to any other use to assure compliance with parking requirements. This entitlement does not include any modifications to land uses in the remainder of the shopping center. This Land Use Permit does not authorize child care or medical and/or office uses in any other part of the shopping center. PAGE 19 RESOLUTION NO. 95-03 A building maintenance agreement shall be recorded for Parcels A and B to assure consistent and uniform building and general maintenance. The agreement shall address landscaping, building maintenance (including paint colors), and parking lot maintenance subject to the review and approval of the Chief of Planning and City Attorney. Any future building modifications to either building shall ensure continuity throughout the life of the buildings and shall be subject to review and approval of the Design Review Board. 0 The building maintenance agreement shall provide legal access on Parcel A to maintain the north elevation of the structure located on Parcel B. This condition shall also be included on the Parcel Map subject to the review and approval of the Chief of Planning. APPROVED by the Danville Planning Commission at a Regular Meeting on February 28, 1995 by the following vote: AYES: NOES: - ABSENT: Bowlby ABSTAINED: Arnerich Hunt, Jameson, Moran, Murphy, Osborn APPROVED AS TO FORM: ~i~y~tt~rney '- ~/ pdpz67 PAGE 20 RESOLUTION NO. 95-03