HomeMy WebLinkAbout96-42 EXHIBIT A
RESOLUTION NO. 96-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING THE LAND USE PERMIT REQUEST (LUP 96-31)
ALLOWING THE DEVELOPMENT OF A PARK AND RIDE FACILITY
(APN: 216-061-001 AND 216-043-001 -- TOWN OF DANVILLE)
WHEREAS, the Town of Danville has requested approval of a Land Use Permit (LUP 96-
31) request to allow the construction the Town of Danville Capital Improvement
Program Project C-068 Park & Ride Facility; and
WHEREAS, the subject site is located near the northeast corner of the intersection of
Sycamore Valley Road and Interstate 680, located on the north side of the intersection of
Sycamore Valley Road and Camino Ramon, being further identified as Assessor's Parcel
Numbers 216-061-001 and 216-043-001; and
WHEREAS, the Town of Danville's Zoning Ordinance requires approval of a Land Use
Permit request prior to approval of the project; and
WHEREAS, the Town of Danville has prepared a Mitigated Negative Declaration of
Environmental Significance as required by the California Environmental Quality Act; and
WHEREAS, the Planning Commission did review the acquisition of the project site and
made findings that the proposed project site acquisition was in conformance with the
GeneralPlan at a noticed public hearing on April 10, 1990; and
WHEREAS, the Planning Commission reviewed the draft Mitigated Negative Declaration
and Land Use Permit at a noticed public hearing on September 10, 1996; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the request; and
PAGE NO. 1 OF RESOLUTION NO. 96-42
WHERFaX_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 hereby adopts the
Mitigated Negative Declaration of Environmental Significance and approves the Land Use
Permit request (LUP 96-31) subject to the conditions contained herein, and makes the
following findings in support of this action:
1. That the proposed conditional land use shall not be detrimental to the health,
safety and general welfare of the Town;
2. That it shall not adversely affect the orderly development of property within the
Town;
3. That it shall not adversely affect the preservation of property values and the
protection of the tax base within the Town;
4. That it shall not adversely affect the policies and goals as set by the GeneralPlan;
5. That it shall not create a nuisance and/or enforcement problem within the
neighborhood or community;
6. That it shall not encourage marginal development within the neighborhood;
7. That special conditions or unique characteristics of the subject property and its
location or surroundings are established.
8. The proposed project is consistent with the Danville 2005 GeneralPlan.
9. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
10. Community need has been demonstrated for the use proposed.
10a. The Planning Commission has used its independent judgement in reviewing and
considering the draft Mitigated Negative Declaration.
PAGE NO. 2 OF RESOLUTION NO. 96-42
11.
Based on the completion of the Initial Study of Environmental Significance and
comments received, there is no substantial evidence before the Town that the
project will have a significant adverse effect on the environment.
12.
The design of the proposed project is in substantial conformance with the
applicable zoning regulations.
13.
The design of the proposed project and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat.
14.
The design of the proposed project and proposed improvements will not conflict
with easements, acquired by the public at large, for access through or use of,
property within the proposed project.
15.
The use is consistent with the intent and purpose of the Zoning Ordinance in
which the site is located and is comparable with other uses in the vicinity, both
inside and outside district.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
draft Mitigated Negative Declaration of Environmental Significance prepared for the
project.
A. GENERAL
This approval is for a Land Use Permit request and Mitigated Negative
Declaration. The subject site is located near the northeast corner of the
intersection of Sycamore Valley Road and Interstate 680, located on the
north side of the intersection of Sycamore Valley Road and Camino Ramon,
being further identified as Assessor's Parcel Numbers 216-061-001 and
216-043-001. Development shall be substantially as shown on the project
preliminary design labeled "Proposed Interchange and Park & Ride
Layouts", except as may be modified by conditions contained herein:
PAGE NO. 3 OF RESOLUTION NO. 96-42
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The applicant is exempt from any and all Town and other related fees that
the property may be subject to.
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 have been, or will be, met.
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.
If buried cultural materials are encountered during construction, all
work in that area must halt until a qualified archaeologist can evaluate
the nature and significance of the finds. (Measure #11)
Construction operations should not occur between 7 P.M. and 7 A.M. or
on weekends or holidays in the vicinity of residential areas. All
construction equipment should be required to conform to the provisions
in Section 7-1.01 of the latest editions of Caltrans Standard
Specifications to minimize noise from construction activities. This
includes maintaining equipment mufflers in proper operating order.
(Measure #8)
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
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.
PAGE NO. 4 OF RESOLUTION NO. 96-42
Good dust control practices should be employed to minimize or avoid
potential exceedances (violations) of the particulate matter (PMw) air
quality standard during construction. These practices include, but are
not limited to:
Water disturbed (graded or excavated) surfaces as
necessary, increasing frequency when weather conditions
require.
Water disturbed areas to form a compact surface after
grading and earthworking.
Use chemical dust suppressants when watering is not
sufficient.
Limit areas to be cleared to facilities required for the
project and necessary equipment and materials stockpile
areas.
5. Erosion control planting of exposed areas.
Incorporate standard erosion control measures as part of
the contract.
(measure #6)
10.
A watering program which incorporates the use of a 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.
11. All physical improvements shall be in place prior to use of the facility.
SITE PLANNING
Lighting should be directed away from residential orpublic areas. The
lighting should be of a style and power that would generate the least
PAGE NO. 5 OF RESOLUTION NO. 96-42
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amount of glare possible. In conjunction with the landscape plan, a
lighting plan should be developed. (Measure 4/13)
°
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained.
The elevation of the new northbound diagonal on-ramp shall be
designed to approximately match the existing ramp elevation, and
provide similar shielding between the freeway and adjacent land uses.
This will provide continued shielding of Interstate 680 traffic noise to
adjacent properties. (Measure #7)
°
The design for Sycamore Valley Road shall implement the bicycle lanes that
are specified in the Townwide Trails Master Plan.
°
The landscaping plan, lighting plan, wall design, and bus shelter design
shall be submitted to the Design Review Board for review and approval.
The fence along the eastern boundary of the proposed project shall be
constructed from masonry material.
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.
A landscapingplan should bepreparedfor theproject which emphasize
the use of drought-tolerant, native plant species. Native trees protected
by Danville's tree ordinance that are removed during construction of the
project should be replaced with minimum 15 gallon box size Oak Trees,
at a ratio of three replacement trees for each tree removed (3:1
replacement ratio). (Measure #10)
o
The landscape plan should consider the Iron Horse Trail, and should be
compatible with or enhance the public's use and enjoyment of the trail
(Measure #15)
PAGE NO. 6 OF RESOLUTION NO. 96-42
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10.
Prior to construction, a landscaping plan should be developed that
includes berms, native drought resistant trees and plants and other
features that would help screen the available views of the freeway and
interchange. (Measure #12)
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 landscape
guidelines and shall be designed to avoid runoff and over spray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
All 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.
Except as noted below, all existing trees on the site shall be preserved to
the extent practical which shall include but not be limited to reasonable
modifications to curb, paving, and medians. Removal will be allowed only
upon prior written approval from the Planning Division.
This approval authorizes removal of trees on the site as shown in the
Mitigated Negative Declaration and as detailed (and numbered). A total of
10 protected trees are authorized for removal. Trees approved for removal
are 3 Valley Oak trees (tree numbers 7, 9, and 10) six Costal Live Oaks
(numbers 11, 12, 13, 20, 23, and 26) and one Sycamore tree (number 17).
In addition to the protected trees, numerous walnut, Lombardi Poplar,
Eucalyptus may be removed.
The final design of the project should avoid to the extent feasible the trees
designated in Table 5-1 of the Negative Declaration to be saved. Mature
native trees which are to be retained should be protected from
construction-related activities. Native trees not directly affected by the
project should be protected during construction by clearly marking or
fencing the dripline of the trees to prevent compaction of soils in their
PAGE NO. 7 OF RESOLUTION NO. 96-42
11.
12.
13.
14.
root zones. All grading, trenching, or other disturbance should be
restricted to outside the tree canopy. (Measure #9)
Incorporate replacement planting and measures to avoid existing trees
as identified in Section 5.2.1 of the Mitigated Negative Declaration.
(Measure #14)
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture.
If signing for the development is desired, in addition to any signs approved
as part of this application, a comprehensive sign program shall be
submitted to the Town for consideration under a separate application.
All landscaping and irrigation improvements along the project frontage, to
be maintained by the Town, shall be designed to meet the Town of Danville
design specifications.
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15. Fencing shall restrict access except at the main entrance.
16.
A telephone shall be included in the project. The telephone shall be for
outgoing calls only and shall be located near the entrance of the proposed
project near the bus stop.
ARCHITECTURE
All meters, and/or any other mechanical equipment whether on a structure
or on the ground shall be effectively screened from view with landscaping
or materials architecturally compatible with the main structures.
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.
PAGE NO. 8 OF RESOLUTION NO. 96-42
Fo
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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 for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
GRADING
A geotechnical consultant should investigate soils on site to determine if
they are particularly susceptible to liquefaction and determine if
excavation and replacement or recompaction would be required. This
would be done during development of plans, specifications, and
estimates (PS&E). (Measure #1)
Soils should be stripped during construction from the ground under
proposed roadway alignments and parking lot areas and a base of
stable material of sufficient thickness (as recommended by a
geotechnical engineer) should be placed under the facilities. Again, this
action should be based n the specific geotechnical recommendations
made during the PS&E phase of the project. (Measure #2)
Structures that would be modified by the project (ramps and
overcrossing approach) should be designed to conditions specific to this
site, as recommended by the geotechnical consultant or materials report.
(Measure #3)
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 and shall be
subject to review and approval by the Town's Engineering and Planning
Divisions.
0
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
PAGE NO. 9 OF RESOLUTION NO. 96-42
10.
11.
12.
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
All new utilities required to serve the development shall be installed
underground.
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, 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.
Development shall be completed in compliance with the construction
grading plans prepared for this project.
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 developer shall
submit an Erosion Control Plan to the City Engineer for review and
approval. This plan shall incorporate erosion control devices such as, the
use of sediment traps, silt fencing, pad berming and other techniques 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 NO. 10 OF RESOLUTION NO. 96-42
13.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
14.
Soil testing shall be performed for aerially deposited lead in the vicinity
of lnterstate 680, Sycamore Valley Road, and the interchange ramps.
The level of contamination, if any, will determine any further actions.
Excavated soil from the Caltrans Interstate 680 right-of-way containing
aerially deposited lead may be disposed of within the Caltrans right-of-
way under the variance issued to Caltrans District 4 by the California
Department of Toxic Substances (DTSC). If no site is available, soil
should be disposed at an appropriate offsite landfill. If soils associated
with the former railroad grade are to be excavated or substantially
graded, the should also be tested for potential contamination. The
results of the testing should be evaluated and if necessary used to
determine proper handling and disposal of the affected soils. (Measure
~4)
15.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
16.
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 through the Erosion Control Plan (ECP) and Storm
Water Pollution Prevention Plan (SWPPP). A NPDES construction permit
may be required, as determined by the City Engineer.
STREETS
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 each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
PAGE NO. 11 OF RESOLUTION NO. 96-42
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.
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 standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
Handicapped ramps shall be provided and located as required by the City
Engineer.
INFRASTRUCTURE
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.
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.
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.
Electrical, and telephone, 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.
PAGE NO. 12 OF RESOLUTION NO. 96-42
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.
Stormwater from the proposed project shall drain to the 36 inch existing
storm drain at the north end of the proposed project.
MISCELLANEOUS
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.
o
The Town of Danville's National Pollutant Discharge Elimination System
(NPDES) work program includes a best management practice measure
specific to this site to consider the use of porous pavement surfacing. Use
of this type of pavement may reduce the surface runoff, and hence reduce
pollutant loading in surface water drainage from the site. Additional
measures that should be considered during final design of the project
could include channeling of surface water runoff through vegetated
channels (i. e., grassy swales) or through the site's landscaped areas.
(Measure #5)
°
A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan
(SWPPP) shall be filed with the Regional Water Quality Control Board and a
copy given to the City Engineer prior to commencement of any
construction activity. A SWPPP shall be prepared as part of the preparation
of project improvement plans. The SWPPP shall supplement the erosion
control plan prepared for the project, if one is required. These documents
shall also be kept on-site while the project is under construction.
°
Access to or from Laurel Drive is prohibited by Town Council Resolution No. 69-
90 and by this land use permit. The access easement for the Park & Ride Facility
use between Laurel Drive and this proposed project shall be relinquished prior to
but no later than the award of the construction contract for the proposed project.
PAGE NO. 13 OF RESOLUTION NO. 96-42
APPROVED by the Danville Planning Commission at a Regular Meeting on September
10, 1996, by the following vote:
AYES:
NOES: -
ABSTAINED: -
ABSENT: Jameson
APPROVED AS TO FORM:
Bowlby, Combs, Hunt, Moran, Osborn, Murphy
Cha~na'n t y
City Attorney
PAGE NO. 14 OF RESOLUTION NO. 96-42