Loading...
HomeMy WebLinkAbout97-34 EXHIBIT A RESOLUTION NO. 97-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN, LAND USE PERMIT, VARIANCE AND MASTER SIGN PROGRAM REQUESTS (DP 97-10, LUP 97-16, VAR 97-05 & SR 97-11) FOR THE CONSTRUCTION AND OPERATION OF A 69,000+_ SQUARE FOOT SHOPPING CENTER WITH A FOOD MARKET AND RETAIL/RESTAURANT USES - IRON HORSE PLAZA (APN: 208-340-004) WHEREAS, C & H Development (applicant) and Southern Pacific Transport Company (Owner) have requested approval of a Development Plan, Land Use Permit, Variance and Master Sign Program to authorize the construction and operation of a 69,000+ square foot shopping center with a food market and retail/restaurant uses; and WHEREAS, the subject site is 4.5+ acres in size and is located on the northwest corner of the intersection of Railroad Avenue and San Ramon Valley Boulevard and is identified as Assessor's Parcel Number 208-340-004; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires the approval of a Development Plan, Land Use Permit, Variance and Master Sign Program for the proposed shopping center; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 9, 1997; and WHEREAS, the public notice of this action was given in all respects as required by law; an~t WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through project modifications and recommended project conditions of approval, no significant adverse environmental impacts are expected to be associated with the project; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the requests; 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 Mitigated Negative Declaration of Environmental Significance and approves the Development Plan request per the conditions contained herein, and makes the following findings in support of the Development Plan request: The proposed development is in substantial conformance with the goals and policies of the General Plan. The proposed development is in conformance with the zoning district in which the property is located. The proposed development will constitute a commercial stmcture of sustained desirability and stability, and will be in hannony with the character of the existing development in the area, and the community. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center due to the proper location of access to the site and adequate internal provisions for on- site traffic and parking, and access to the municipal parking lots located within the downtown area. The proposed development will be attractive and efficient which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 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; and be it further RESOLVED that the Planning Commission of the Town of Danville makes the following findings in support of the Land Use Permit request: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the General Plan. ,,,-., PAGE 2 OF RESOLUTION NO. 97-34 The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. That special conditions or unique characteristics of the subject property and its location or surroundings are established; and be it further RESOLVED that the Planning Commission of the Town of Danville makes the following findings in support of the Variance requests: The variances do not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 2; Old Town Retail in which the subject property is located. Because of the following special circumstances applicable to this specific properly, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Approximately 18 square feet of "Building ~2" encroaches into the 10 foot street side yard setback. The majority of buildings in the downtown have reduced front yard and street side yard setbacks which is consistent with the character of the downtown environment. The covered portico at the entrance to the market is for the convenience of customers entering and existing the market in inclement weather. (The portion of the canopy that extends into the public right of way shall require the Town to grant an easement to the property owner.) The locational parking variance of providing 52% of the project's parking provided "off-site" on the Railroad Avenue Municipal Parking Lot is fully mitigated by the developer's obligation to expand the existing municipal parking lot (adding 80_+ new additional parking spaces). The variances are in substantial conformance with the intent and purpose of the Downtown Business District - Area 2; Old Town Retail Transition District in which the subject property is located since the variances allow for the reasonable development of a shopping center; and be it further PAGE 3 OF RESOLUTION NO. 97-34 RESOLVED that the Planning Commission of the Town of Danville makes the following findings in support of the Master Sign Program: 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 signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. The design of tbe signage will be consistent with professional graphic and structural standards. Signage illumination will be at the lowest level consistent with adequate identification and readability; and be it further RESOLVED that the Planning Commission recommends that the Danville Town Council waive Commercial Transportation Improvement Program (CTIP) fees based on the following findings: The developer's financial obligations for traffic mitigations in the vicinity of the project (i.e., Quinterra Lane/Prospect Avenue intersection improvements; contributions to the signalization of the intersection at Railroad Avenue and Church Street; contributions to the signalization of the Iron Horse Trail Crossing at San Ramon Valley Boulevard; and extraordinary land dedication and roadway improvements along the project's Railroad Avenue frontage) will exceed the CTIP fee normally collected for a project of this square footage. 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 Mitigated Negative Declaration of Environmental Significance prepared for the project. PAGE 4 OF RESOLUTION NO. 97-34 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 the Development Plan request DP 97-10, Land Use Permit request LUP 97-16, Variance request VAR 97-05 and Master Sign Program request SR 97-11. Collectively, these approvals provide for the construction and operation of a 69,060_+ square foot shopping center identified as Iron Horse Plaza. Development shall be substantially as shown on the project drawings labeled "Iron Horse Plaza," as prepared by Architectural Dimensions, consisting of nine sheets, dated received September 4, 1997 by the Planning Division. * 2. The applicant shall pay or be subject to 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 following Town fees: Commercial Transportation Improvement Program (CTIP) fee ($310,770±); Southern Contra Costa Fees for Regional Roadway Improvements ($0.79 per square foot); Child Care Facilities; and, Plan Checking and Inspection fees. In addition, San Ramon Valley Unified School District fees are $0.30 per square foot. 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 July 18, 1997. Within one week of project approval, the applicant shall submit to the Town of Danville fees required to file aNotice of Determination for this project as required by AB 3185 ($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, PAGE 5 OF RESOLUTION NO. 97-34 10. II. 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. If determined necessary by the Town, the applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around part of all of, 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. 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. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; and project parking and driveway improvements. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. At the time of submittal of construction drawings for first plan checking or submittal of the improvement plans for first plan checking, whichever occurs first, the applicant PAGE 6 OF RESOLUTION NO. 97-34 shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Chief of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence ofcompliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 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. The final lighting plan shah be subject to review and approval by the Planning Division and the Design Review Board. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1 "-20' scale) shall be submitted for review and approval by the Design Review Board. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. 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 runoffand overspray. 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, PAGE 7 OF RESOLUTION NO. 97-34 shall be a minimum of five gallons in size. 11. 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. The developer shall install street trees (Scarlet Oaks - minimum 15 gallon size) within tree wells consistent with the standards for Zone 4 in the Old Town Beautification Plan. Additional potted plants (with various pot sizes) shall be incorporated into the fountain/gazebo area to provide additional visual relief and interest to the hardscape area. The number, size and location of the potted plants shall be subject to review and approval by the Design Review Board. Landscape planters adjacent to the buildings in the courtyard/fountain area shall be raised a minimum of one foot. The precise location, dimensions and construction materials utilized for these planters shall be subject to the review and approval of the Design Review Board. The developer shall provide details of all hardscape materials and areas for the review and approval of the Design Review Board. Interlocking pavers shall have a variegated color pattern. All hardscapes shall be compatible in terms of materials, texture and color. Additional plant materials with vertical elements shall be located adjacent to the north elevation of Building ~5 to provide additional relief and interest to the building elevation. These changes are subject to the review and approval of the Design Review Board. In conjunction with the review of the project landscaping plans, the applicant shall detail all proposed outdoor seating areas. The number of outdoor seats provided shall be limited to a maximum of 25% of the indoor seats established for each respective restaurant served unless otherwise authorized by a separate, subsequent land use permit request. All outdoor furniture, including but not limited to, tables, chairs, benches and umbrellas, is subject to review and approval by the Design Review Board prior to occupm~cy of the shopping center. Bicycle racks sized adequately to handle a minimum of ten bicycles shall be provided in the vicinity of the gazebo/fountain area. Bicycle racks sized adequately to handle a minimum often bicycles shall be provided at the north elevation of the market (adjacent to the municipal parking lot) for customers PAGE 8 OF RESOLUTION NO. 97-34 12. 13. 14. 15. utilizing the market and delicatessen. The design and location of the bicycle rack(s) are subject to review and approval in conjunction with the review of the project landscaping plans. The applicant shall incorporate a more substantial trellis treatment, or authorized equivalent, with landscaping at the rear of the market (Building ~6) to provide additional relief and interest to the building elevation adjacent to the Iron Horse Trail subject to the review and approval of the Development Services Department and the Design Review Board. On-site parking lot trees shall be a species that provides a considerable mount of shade are appropriately suited for local soil conditions and will have fast, balanced growth. The tree species utilized are subject to the review and approval of the Design Review Board and the Community Development Department. The proposed wrought iron fencing on the west side of the on-site parking lot shall be enhanced with the addition of brick pilasters to be spaced 30-50 feet on center. Details of the wrought iron fencing shall be subject to the review and approval of the Planning Division and the Design Review Board. The Iron Horse Trail extension shall be completed prior to occupancy of the first tenant space within the center. Two additional access points shall be provided from the on-site parking lot to the Iron Horse Trail at the following locations: in alignment with the on-site parking lot entrance at the Railroad Avenue/School Street intersection; and near the vicinity of the northwest corner of Building #1. Details of the precise location and design of these connections shall be subject to review and approval at the time of final landscape review subject to the review by the Planning Division. In acknowledgment that several of the abutting residential properties located to the west of the subject property have substandard fencing at their rear yards which will abut the future Iron Horse Trail extension, the developer shall be responsible for constructing replacement fencing (along the westerly border of the site only) where needed as determined by the Planning Division. Prior to building occupm~cy, the owner shall provide the Town with an executed maintenance easement agreement (subject to the review and approval of the City Attomey and the Development Services Department) which assures maintenance of all landscaped areas. The Town may enforce such agreement at the cost of the property owner of record. The maintenance agreement shall include all of the PAGE 9 OF RESOLUTION NO. 97-34 maintenance provisions referenced by Downtown Business District Landscaping Standards (Section 32-45.21 .g of the Danville Municipal Code). The developer shall be responsible for the maintenance of all project related landscaping along the project's Railroad Avenue and San Ramon Valley Boulevard frontages. 18 The developer shall landscape the area between the project wrought iron fence and the Iron Horse Trail (unless otherwise directed by the East Bay Regional Park District and the Town). The landscaping is envisioned to consist of low maintenance ground cover that would serve to provide control of weeds and soften the transition from the trail to the project. Landscaping in this area shall be subject to review and approval by the Development Services Department and East Bay Regional Park District. Any agreement necessary with the East Bay Park District for the subject landscaping (and its ongoing maintenance) shall be established and executed prior to issuance of a building permit. 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. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include minimum 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. Prior to issuance of a building permit, the applicant shall document to the Town's satisfaction that all trash/recycling area(s) are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run- off and run-on from adjacent areas to enter the area(s)The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. The street numbers for each structure in the project shall be posted so as to be easily seen from the street and the interior parking area serving the structures at all times, day and night. PAGE 10 OF RESOLUTION NO. 97-34 * 4. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board. This entitlement approves the conceptual master sign program as indicated on project drawings. The applicant shall submit a detailed Master Sign Program (comprised with both graphics and text) that addresses signage for each tenant space. Once the number and type of tenants for Buildings #1 through #5 have been determined, the applicant shall submit a detailed Master Sign Program for review and approval of the Planning Commission. The Master Sign Program shall address the design, size, placement, material, illumination of each tenant space signage. Exterior light fixtures for the project are subject to final review and approval by the Design Review Board. Without prior authorization by the Planning Division, no windows in the shopping center shall be utilized for permanent window signage or partitions that block visibility to the interior of the tenant spaces. No store fixtures or displays shall be placedinfrontofwindowsthatblocksvisibilitytotheinteriorofthestore. Atthe discretion of the Planning Division, staff may refer such requests to the Planning Commission for consideration and action. No window tinting is permitted in any storefront windows or doors without prior authorization from the Planning Division. Any proposed modifications to project windows, including the construction of walls, partitions or signage within five feet of the windows shall require prior review and approval of a separate Development Plan. 11. All temporary signage utilized by the tenants in this center shall conform to the standards for temporary business signage in the Town's Sign Ordinance. PARKING 1. All parking spaces shall be striped and shall be fronted by concrete curbs. PAGE 11 OF RESOLUTION NO. 97~34 Sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including an allowable overhang of two feet. Regulatory signage/curb painting for the non-parking side of the interior loop roadway shall be provided to prohibit unauthorized parking, if deemed necessm'y, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. Modifications to the existing volunteer mini-park located within the municipal parking lot and located adjacent to the Iron Horse Trail shall not occur without prior review and authorization by the Town. The parking lot entry feature (i.e., brick pilasters with top-mounted light fixture) detailed on the project plans for the Church Street/Railroad Avenue entrance shall be duplicated at the other Railroad Avenue entrance. The precise design and location of these entry features shall be subject to the review and approval of the Development Services Department. The applicant shall be responsible for modifications to the existing municipal parking lot as generally depicted on the project site plans. In conjunction with the existing parking lot reconfiguration for traffic circulation purposes, 10-15 new tree wells with minimum 15 gallon trees shall be added to the municipal parking lot. The new tree wells shall be added at the confluence of four standard parking spaces. The detail and locations of the tree wells shall be subject to the review and approval of the Development Services Department. Low landscape walls and/or a landscape planter shall be added to the northwest corner, north side and northeast comer of Building ~6 to better define intended pedestrian movements and to soften the transition of the building massing as viewed from the municipal parking lot and Railroad Avenue. The developer shall establish a program for the removal of shopping carts from the municipal parking lot. This program shall be subject to the review and approval of the City Attomey. The Town reserves the right to require operational changes PAGE 12 OF RESOLUTION NO. 97-34 10. 11. 12. (through modification of the adopted cart removal program) that would have each customer walked to the municipal parking lot by a food market employee. The goal is to remove any carts left in the municipal parking lot within 20 minutes of their placement in the lot. The entry throat at the southerly Railroad Avenue entrance to the existing public parking lot shall be lengthened 90 additional feet to provide improved traJ)~c circulation in the vicini(v of the driveway subject to the review and approval of the Development Services' Department. The modt:~cations to the entry throat shall include landscaping installed in the extended landscape median on the north side of the driveway. New landscaping to be installed at the driveway entrance, and modifications to existing parking lot landscaping shall be subject to the review and approval of the Development Services Deparmient. A parking management plan shall be developed by the applicant to address' the timing and location of the center's loading and delivery activities. The plan shall be submitted for review and approval of the Development Services Department, a,d is subject to review and approval by the Planning Division six months after occupancy. If necessa .ry, the Planning Division may require refinements' to the parking management plan. The plan shall also address how employee parking will be handled a.e., the location of employee parking. enfi~rcement mechanisms and the means that employee parking restrictions will be tied to individual commercial leasesg. A goal of the plait shall be to maximize the availability of proximate parking in the general area that is available for customer usage. The developer shall design and construct the expansion of the Railroad Avenue Municipal Parking Lot to the northwest (up to Prospect Avenue) with the goal of achieving a net increase of 80+ parking spaces. The expansion project shall include site clearing and grading and installation of curb, gutter, asphalt, striping, and landscape improvements, the relocation of the existing Prospect Avenue driveway, and the realignment of the Iron Horse Trail. The design of the parking lot expansion shall be subject to the review and approval of the Development Services Department. Prior to issuance of building permits for Buildings ~1-~5, the applicant shall verify that the parking needs of the proposed tenant uses shall not exceed the 85 allocated parking spaces within the on-site parking lot (i.e., 145 parking spaces less the permitted 20% reduction, less 25% of required parking provided off-site = maximum of 85 parking spaces) (Section 32~45.30.e of the Danville Municipal PAGE 13 OF RESOLUTION NO. 97-34 Code). GRADiNG At least one week prior to commencement of grading, the applicant shall post the site and mail a notice that construction work will commence 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. 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 a~ad 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 desigy~ 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. 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. PAGE 14 OF RESOLUTION NO. 97-34 * 6. 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. Prior to issuance of a grading or building permit, the applicant shall submit a letter from Contra Costa County Health Department verifying that the site can be developed and that any required remediation plan has been approved by the Health Department. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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 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 within the Town-owned municipal parking lot. 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 or into the Town-owned municipal parking lot shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. PAGE 15 OF RESOLUTION NO. 97-34 Any damage to street improvements or to the Town-owned municipal parking lot, 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. All improvements or modifications of facilities within the public right-of-way or within the Town-owned municipal parking lot, including curb, gutter, sidewalks, driveways, paving, landscaping 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. The Railroad Avenue right of way dedication shah be 24+feet at the northerly end and taper down to 20+.feet at School Street and continue as 20_+feet to San Ramon Valley Boulevard. Railroad Avenue shah be improved with the installaaon of street paving, longitudinal drainage, curb, gutter. sidewalk and three street lights' along the entire street frontage, including the return at San Ramon Valley Boulevard. improvement Plans shah be prepared by a Registered Civil Engineer. and shaH be in metric units. The turning radius of the curb at the corner of San Ramon Valley Boulevard and Railroad Avenue shah be revised subject to review and approval of the Development Services Development Department. The turning radius shall be designed to effectively slow southbound traffic on Railroad Avenue as it turns south on San Ramon Valley Boulevard while also be of an adequate dimension to allow large tn~cks to safely negotiate the corner. 10. The developer shah relocate two signal poles w~d puH boxes at the southwest corner of Railroad Avenue and 3'an Ramon Valley Boulevard and restart new detector loops' at the subject intersection. PAGE 16 OF RESOLUTION NO. 97-34 11. The developer shall extend the Iron Home Trail from its existing southerly terminus to San Ramon Valley Boulevard. The final trail alignment, appropriate trail signage, bollards and other trail design details' shall be designed, installed and constm4cted by the developer subject to review and approval of the Town of Danville and the East Bay Regional Park District prior to occupancy of the .first tenant space within the center. Since the developer is responsible for constrttcting the Iron Horse Trail on the project site, J&es normally collected .for the construction of the Iron Horse Trail are waived for this project. 12. A signalized trail crossing shall be constntcted at San Ramon Valley Boulevard .for Iron Horse Trail usere. The Town of Danville shah attempt to finance 100% of the signal construction costs through the securement of grant monies. Town does not secure 100% of the signal constrttction costs, the developer shall fired up to 50% of the total construction costs for the signalized trail crossing. The signalized trail crossing shall consider the needs of different types of trail users O.e. bicyclists, equestrians, pedestrians, roller bladers skaters', etc.). The design of the traJ~c signal is subject to the review and approval of the Parks and Leisure Services Commission, Town Council, and the Development Services Department. Unless otherwise directed, the signal shall inchtde specialized bicycle signal heads that will allow a shorter green time for bicyclists and a shorter delay for motorists on San Ramon Valley Boulevard If the crossing is not completed at the time of the Iron Horse Trail extension, trail usem shall be temporarily directed to the Sonora Avenue crosswalk at San Ramon Valley Boulevard or shah be directed to the existing crosswalk system at the intersection of Railroad Avenue, Hartz Avenue and San Ramon Valley Boulevard. 13. The developer shall be responsible for the construction of a newfour-way trqf~c signal at the intersection of Railroad Avenue and Church Street. The traffic signal shcdl inchtde bicycle loop detectors. The developer shall be rein~bursed up to 50% of the signal construction costs by benefitling future developments within the vicinity of the new signal. 14. The intersection of Quinterra Lane and Prospect Avenue shall be reahgned and improved to a T-intersection. This work shall include the relocation or elimination cf the existing parking lot driveway on ProsI~ect Avenue fi~rther west to generally align with the western edge of the lease line for the Railroad Depot site. The work shall also inch4de the realignment of the Iron Horse Trail section to cross Prospect Avenue at the east side qf the T-intersection. The modified intersection shall inchtde a painted crosswalk fbr Iron Home Trail users. The PAGE 17 OF RESOLUTION NO. 97-34 mod.i~cations to the intersection shah be designed and installed by the developer subject to the review and approval of the Development Services Department prior to occupanc. v of the first completed tenant space within the shopping center. Construction costs~r the intersection improvements shall be 50% fia~ded by the developer OiP to a maximum of $35. 000. 00) and the balance project~mding shall be secured by the Town. INFRASTRUCTURE Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated July 14, 1997. 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 17, 1997. 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. Storm drains on the project site shall be fitted with a storm drainage filtration system for the purposes of reducing the amount of hydrocarbons entering into the stormwater system. The developer shall complete a storm drainage maintenance program that is subject to the review and approval of the Engineering division prior to issuance of a building permit. , Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks, driveways or parking areas. 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 PAGE 18 OF RESOLUTION NO. 97-34 company standards, or in public streets. 7. 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. 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. 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, Land Use Permit, Variance and Master Sign Program 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. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. All food facilities shall obtain plan approval from the Conira Costa County Environmental Health Division prior to issuance of a building permit. No outdoor storage or display of merchandise is permitted within the shopping center without prior review and approval of a Land Use Permit. Documentation shall be submitted to the Town to verify that the existing fuel line that extends through the municipal parking lot and the subject site has been relocated as necessary to accommodate the proposed development prior to PAGE 19 OF RESOLUTION NO. 97-34 issuance of a grading permit or building permit for the shopping center. All exhaust systems for restaurants, coffee houses and all other food uses within the shopping center shall be fitted with air cleaning systems to reduce smoke and odors to an efficiency level of 95-99% by particle count. APPROVED by the Danville Planning Commission at a Regular Meeting on September 9, 1997 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Barry, Hunt, Jameson, Magliano, Moran, Osborn, Rapp APPROVED AS TO FORM: C h i e~anning f:~PlanningXParsons\pdpz 108 .b PAGE 20 OF RESOLUTION NO. 97-34