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HomeMy WebLinkAbout95-26EXHIBIT A RESOLUTION NO. 95-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 95-27 TO CONSTRUCT A 2,750+/- SQUARE FOOT ADDITION TO THE EXISTING COSTCO TIRE INSTALLATION CENTER AND TO RELOCATE THE MAIN ENTRANCE TO THE STORE LOCATED AT 3150 FOSTORIA WAY (APN: 218-090-021) WHEREAS, Costco Wholesale (Applicant) Fostoria Associates, Ltd. (Owner) have requested approval of a Development Plan allow a 2,750+/- square foot addition to an existing tire installation center and relocation of the main building entrance to the southeast corner of the store on a 9.98+/- acre site; and WHEREAS, the subject site is located at 3150 Fostoria Way, and is identified as Assessor's Parcel Number 218-090-021; and WHERFakS, Development Plan (DP 87-3) was approved on May 16, 1988 by the Danville Town Council approving the existing 126,523+/- square foot Costco Wholesale store; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Development Plan for all new developments and expansions; and WHERF~S, the proposed project is exempt from the requirements of the California Environmental Quality Act per Section 15301, Class 1; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 8, 1995; and WHERF~S, 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 PAGE I RESOLUTION NO. 95-26 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 approves DP 95-27 allowing a 2,750+/- square foot expansion to an existing tire installation center and the relocation of the entrance to the building with associated building modifications per the conditions contained herein, and makes the following findings in support of the Development Plan: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a commercial environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. 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. CONDITIONS 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. A. GENERAL * 1. This approval is for a 2,750+/- square foot building addition to the tire installation center and the relocation of the front building entrance with associated building modifications to the existing Costco Wholesale located at 3150 Fostoria Way. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary Development Plan, Site Plan, Elevations and Preliminary Landscape Plans consisting of five sheets, as prepared PAGE 2 RESOLUTION NO. 95-26 o ° by Mulvanny Partnership and dated received by the Planning Division on August 3, 1995. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection 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) have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated June 26, 1995. 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 $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. PAGE 3 RESOLUTION NO. 95-26 Bo The applicant shall provide security fencing, to the satisfaction of the Chief Building Official, around the site during construction of the project. A fencing plan, incorporating a parking lot circulation plan shall be submitted for review and approval by the Chief of Planning prior to issuance of building permits. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 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 shall be discontinued during high wind periods. 10. All physical improvements shall be in place prior to occupancy of the addition. 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 Division. The new addition shall not 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. 11. Except as provided for within these conditions of approval, land use regulations pertaining to this property shall be as provided under PUD 87-5. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. PAGE 4 RESOLUTION NO. 95-26 o 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. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. 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. 0 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. ° Ail trees planted in the parking lot landscape islands shall be a minimum 24-inch box container size. Ail trees shall be properly staked. Ail 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. All proposed ground cover shall be placed so that they fill in within two years. The developer shall work with Danville and San Ramon staff to determine the appropriate landscape plan to complete landscape and irrigation improvements in the two Fostoria Way landscape medians situated between the easterly and westerly sections of Camino Ramon. The adjoining Marshall's project to the southwest is required to participate in the cost of these improvements (Condition of Approval #C.6. of DP 92-14 - with their contribution to be up to 50% of the project costs). The obligation of the two Danville projects (the City of San Ramon is currently processing a development plan for the property fronting along the south side of the pertinent section of Fostoria Way) shall be to cover 50% of the Town-approved project cost. These fees shall be paid to the Town of Danville prior to issuance of building permits for the Costco addition and relocation of the building entrance. PAGE 5 RESOLUTION NO. 95-26 Unless otherwise authorized by the Town of Danville, the obligation shall be a 25% / 25% split between the Marshall's project and the Costco project. Vines shall be planted at each trellis post for the entire length of the trellis element on the south elevation of the building. The vine species shall match the existing at other trellis locations on the Costco site. Proposed grade level landscaping on the south elevation of the building shall also extend the entire length of the trellis element. Final landscape plans are subject to Planning staff approval prior to issuance of building permits. ARCHITECTURE 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 subject to the review and approval of Planning staff. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. 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. This permit allows the relocation of the existing "Costco Wholesale" sign located on the entrance canopy as shown on the approved project plans. If any additional signage for the development is desired, in addition to the relocated sign, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. 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 PAGE 6 RESOLUTION NO. 95-26 overhang of automobiles. Fo 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. Regulatory signage/curb painting shall be provided to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. 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, 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 notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 7 RESOLUTION NO. 95-26 G0 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. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. STORM WATER POLLUTION PROGRAM The applicant shall comply with all federal, state, and local regulations for design of materials storage and handling areas (e.g., requirements for Spill Prevention Control and Countermeasure Plans, Uniform Building and Fire Codes, etc.). The applicant shall comply with all federal, state, and local regulations for solid and hazardous waste disposal. The applicant shall comply with all state and local regulations for discharge of process and pre-treated wastewaters to the sanitary sewer. 0 The applicant shall obtain an NPDES Industrial Permit prior to facility completion/commencement of operations (if the project is a regulated facility). The applicant shall prevent storm water pollution generated from runoff from materials storage and handling areas by utilizing the following methods: a. All storage/handling areas containing hazardous materials and wastes, herbicides, pesticides, volatile and semi-volatile organic compounds, acids and caustics, and soluble metals shall be covered to prevent contact of such materials with stormwater. Berming or grading shall occur to prevent stormwater run-off. Drainage connections from such areas to storm drain systems are prohibited. Secondary containment to capture PAGE 8 RESOLUTION NO. 95-26 spills or leaks shall be provided. The operator shall properly remove and dispose of all spilled or leaked materials. b. For other potential pollutants, the operator shall either cover storage/handling areas to prevent contact of materials with stormwater. Direct connections to the storm drain system are prohibited. c. The operator shall provide litter/debris control and vacuum sweep uncovered paved material storage and handling areas monthly. The operator shall prevent pollution of stormwater runoff from entering loading/unloading areas by utilizing the following methods: a. Where hazardous materials and wastes, herbicides, pesticides, volatile and semi-volatile organic compounds, acids and caustics, and soluble metals are loaded/unloaded, the following condtions shall be met: 1. Cover loading dock or loading area to prevent contact with any spilled materials and stormwater. 2. Berm or grade loading/unloading area to prevent stormwater run-off and spilled material runoff. b. Provide litter/debris control and vacuum sweep uncovered paved loading/unloading areas monthly. The applicant shall prevent pollution of stormwater runoff from other source areas/activities by utilizing the following methods: a. Use covered waste bins or cover solid waste storage/recycling areas and berm or grade to prevent run-off of stormwater. b. Provide litter/debris control and vacuum sweep parking lots monthly. c. Provide fluid recycling receptacles, spill cleanup materials, and signage describing appropriate disposal of wastes and appropriate spill cleanup and disposal procedures. PAGE 9 RESOLUTION NO. 95-26 H. STREETS ,,~,,,~ The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. 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. CCCSD's initial comments on this project are summarized within their letter dated July 11, 1995. 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). PAGE 10 RESOLUTION NO. 95-26 10. 11. 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° Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant 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 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 11 RESOLUTION NO. 95-26 MISCELLANEOUS * 2. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. 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 Development Plan application, 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. APPROVED by the Danville Planning Commission at a Regular Meeting on August 8, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Bowlby, Hunt, Jameson, Moran, Murphy, Osborn APPROVED AS TO FORM: City Attorney pdpz78 Chief of PAGE 12 RESOLUTION NO. 95-26