HomeMy WebLinkAbout98-02 EXHIBIT A
RESOLUTION NO. 98-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THAT THE TOWN COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE PRELIMINARY DEVELOPMENT PLAN
REZONING REQUEST PUD 98-01 AND FINAL DEVELOPMENT PLAN
REQUEST DP 97-08 ALLOWING THE DEVELOPMENT OF A
TWO-STORY 39,000 +/- SQUARE FOOT OFFICE BUILDING AND A
ONE-STORY 7,000 +/- SQUARE FOOT PERFORMING ARTS
THEATER CONNECTED BY A TWO-STORY
1,000 +/- SQUARE FOOT ATRIUM
(APN: 200-151-007)
WHEREAS, William McCann and Gordon Bingham have requested approval of Preliminary
Development Plan - Rezoning (PUD 98-01) and Final Development Plan (DP 97-08)
requests to rezone a 2.69 +/- acre site from R-15; Single Family Residential District to P-l;
Planned Unit Development District allowing the development of a two-story 39,000 +/-
square foot office building and a one-story 7,000 square foot performing arts center connected
by a 1,000 +/- square foot atrium; and
WHEREAS, the subject site is located on the northeast corner of La Gonda Way and E1
Cerro Boulevard, at 500 La Gonda Way, and is further identified as Assessor's Parcel Number
200-151-005; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request prior to the approval
of a Final Development Plan request; and
WHEREAS, the Town of Danville Sign Ordinance require the grant of an exception to allow
the placement of an electronic reader board to be located to the right of the pedestrian plaza
entrance along the El Cerro Boulevard frontage; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as mitigated through project revisions or
recommended conditions of approval, no significant environmental impacts are anticipated to
be associated with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
January 27, 1998; 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
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 recommends the grant
of a Mitigated Negative Declaration of Environmental Significance and approval of the
Preliminary Development Plan - Rezoning (PUD 98-01 ) request and Final Development Plan
(DP 97-08) request and the grant of an exception to place an approximate 60 square foot
incandescent reader board per the conditions contained herein, and makes the following
findings in support of this action:
Rezoning:
1. The proposed Rezoning will substantially comply with the General Plan and the E1
Cerro Boulevard General Plan Amendment.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
Development Plan:
1. The proposed project is consistent with the Danville 2005 General Plan.
2. The proposed development is in conformance with the proposed zoning district in
which the property is located.
3. The proposed project is in substantial conformante with the El Cerro Boulevard
General Plan Amendment.
4. 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 effect on the environment.
5. The proposed development will not be detrimental to the to the health, safety, and
general welfare of the Town.
PAGE 2 OF RESOLUTION NO. 98-02
6. The development will not adversely affect the orderly development of property within
the Town.
The development will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The development will not adversely affect the policy and goals as set by the General
Plan.
The development will not create a nuisance and\or enforcement problem within the
neighborhood or community.
10. The development will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") 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.
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 Preliminary Development Plan - Rezoning (PUD 98-01)
and Final Development Plan (DP 97-08) requests to rezone a 2.69 +/- acre site
from R-15; Single Family Residential District to P-1; Planned Unit
Development District and to develop a two-story 39,000 +/- square foot office
building and a one-story 7,000 square foot performing arts center connected by
a 1,000 +/- square foot atrium at 500 La Gonda Way, also identified as APN
200-151-007.
This approval also allows an exception from the Town of Danville Sign
Ordinance to permit the placement of a 60 square foot electronic reader board
located to the right of the pedestrian plaza entrance along the El Cerro
Boulevard frontage.
PAGE 3 OF RESOLUTION NO. 98-02
This approval also allows for the removal of all vegetation at the project site
with the exception of three Valley Oak trees located at the northeastern comer
of the project site. The trees allowed to be removed include one Town-
protected Valley Oak tree (11.8-inch dbh) located near the center of the project
site, and four Town-protected Coast Redwoods (ranging in size from 12- to 22-
inches dbh) also located near the center of the project site.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
Preliminary Development Plan, Conceptual Site Plans (Scheme A and
B), Proposed Floor Plans, Conceptual Exterior Elevations and Cross
Sections, Signage Program, Conceptual Site Lighting Plan, and
Conceptual Building Lighting Plan, consisting of 12 sheets, as prepared
by William Wood Architects and dated received by the Planning
Division on January 5, 1998.
Conceptual Landscape Plans (Scheme A and B), consisting of two
sheets (L-1 and L-2), as prepared by Borrecco/Killian & Associates Inc.,
and dated received by the Planning Division on January 5, 1998.
Preliminary Grading Plan, consisting of one sheet, as prepared by
David Evans and Associates, and dated received by the Planning
Division on January 21, 1998.
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 issuance of a Building Permit.
Notice should be taken specifically of the Town's Commercial Transportation
Improvement Program (C-TIP) calculated at $175,500 (39,000 s.f. x $4.50),
SCC-Regional Fee calculated at $30,810 (39,000 s.f. x $0.79), obligation to
provide twenty-five percent (25%) of the cost to install the La Gonda Way/E1
Cerro Boulevard intersection which is calculated at $32,930 (the C-TIP fees
collected for this project may be credited toward the La Gonda Way/E1 Cerro
Boulevard signal obligation), Child Care Facilities, 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
PAGE 4 OF RESOLUTION NO. 98-02
Protection District (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies. The SRVFPD's initial comments on this project are summarized in
part in their memorandum dated July 2, 1997.
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.
The applicm~t 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.
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
PAGE 5 OF RESOLUTION NO. 98-02
high wind periods.
10.
All physical improvements shall be in place prior to occupancy of any structure
in the project~
11.
At the time of submittal of the improvement plans for first plan checking, the
applicant shall submit a type-written report on compliance with the conditions
of approval of this project for the review and approval of the Director 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 of compliance with that condition. The report may be rejected by the
Town if it is not comprehensive with respect to the applicable conditions of
approval.
12.
Operation times and activities allowed at performing arts theater are defined as
follows:
Rehearsals at the theater would take place after 6:30 p.m. on nights not
scheduled for performances;
b,
On nights during which theater events are scheduled, evening events
shall take place after 7:00 p.m. Matinee events on Saturday and Sunday
shall begin no earlier than 12:00 noon to avoid conflict with peak
activity at Saint Isadore's Church;
The theater facility may be used by occupants of the office building for
internal presentations, meetings, etc., as determined appropriate by the
Chief of Planning. The daytime use of theater may not generate
"destination trips" (e.g., people who come to the theater for scheduled
conferences, periodic "talks" open to members of the public, or any
activity which would not normally lead them to the center).
The performing arts theater production crews shall be limited to loading
and unloading equipment after the hour of 6:30 p.m. and before the hour
of 7:00 a.m. to avoid parking and intemal circulation conflicts with the
office use.
Any requested changes to the limitations of the activities at the office
building/performing arts theater complex must be reviewed and approved by
the Planning Commission.
PAGE 6 OF RESOLUTION NO. 98-02
B SITE PLANNING
All lighting shall be installed in a manner consistent with the project
Conceptual Site Lighting Plan and Building Lighting Plan and in such a
manner that the light standards are maximum 18 feet high, and lighting is
generally down-directed and glare is directed away from surrounding properties
and rights-of-way.
A final Site Lighting Plan and Building Lighting Plan, detailing lighting
intensity as described in candlelight or wattage, shall be reviewed and approved
by the Design Review Board prior to the issuance of a Building Permit.
* 3.
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.
C. LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall
be submitted for review and approval by the Planning Division and DRB. The
plan shall be substantially consistent with the Conceptual Landscape Plan
(either Scheme A or Scheme B) dated received by the Planning Division on
January 5, 1998.
* 2.
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 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, shall be a minimum of five gallons in size.
A minimum of 25% of the true shrubs planted in the project (i.e., not including
Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or 15 gallon
container size shrubs.
* 4. All landscaped areas not covered by shrubs and trees shall be planted with live
PAGE 7 OF RESOLUTION NO. 98-02
ground cover. All proposed ground cover shall be placed so that they fill in
within two years.
The three existing Valley Oak trees located at the northeastern comer of the site
shall be preserved.
The three existing Valley Oak trees shall be fenced at their driplines during
construction. The fencing shall completely surround the trees and shall be at
least six feet high.
Pedestrian traffic, vehicles, equipment and construction materials shall not be
allowed within the fenced area of the trees. Equipment storage and staging
areas shall be identified, approved by the Town, and shown on approved
grading and building plans. The disposal of phytotoxic materials are not
allowed inside the fenced area.
Because the site construction activity will occur in direct vicinity of the on-site
protected Valley Oak trees, a security deposit in the amount of $5,000.00 shall
be posted with the Town in compliance with the Town's Tree Protection
Ordinance to assure the preservation of the trees. The security deposit shall be
returned upon verification of the health of the trees following two full growing
seasons after project completion.
All permanent tree wells or retaining walls near the existing Oak trees shall be
specified and detailed on the project's Final Landscape Plans. Any proposed
permanent construction immediately around the trees' root zones shall be
reviewed and approved by a qualified arborist prior to the issuance of a grading
permit for construction.
10.
Drainage plans shall be designed so that the Valley Oaks' trunk areas are
properly drained to avoid ponding. An aeration system, designed by a qualified
arborist, shall be installed at the Oaks' root zone area.
D. 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. No mechanical equipment is allowed to be installed on the roof of
the theater.
PAGE 8 OF RESOLUTION NO. 98-02
No antennas, microwave or satellite receiving dishes or other broadcasting or
receiving devises shall be permitted on the roof of either building without
approval of the Planning Division. Any such ground mounted equipment shall
be visually screened and submitted for review and approval by the Planning
Division prior to installation.
The trash enclosure shall have the same ledgestone treatment to match the
building. Enclosure design shall include six foot high masonry walls on three
sides with steel framed gates and wood bolted to the gates. Gates shall be self-
closing and self-latching.
Prior to issuance of a building permit, the applicant shall document that all
trash/recycling areas are appropriately sized and located. The trash enclosure
shall be covered and benned so as not to allow storm water run-off and run-on
from adjacent areas. The area drains for the trash and recycling area(s) shall be
connected to the sanitary sewer, not the storm drain system.
Samples of final materials and the proposed color palette shall be submitted for
review and approval by the Design Review Board prior to the issuance of
building permits for the project. The applicant shall provide a sample of the
proposed ledgestone material to the Design Review Board.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of building
permits for the project.
The fountain featured in the pedestrian plaza shall be designed with low-
bubbling and gently cascading water. No dramatic air-borne water displays are
permitted.
The edge of the fountain areas shall be constructed with ledgestone material
and provide as bench seating in the plaza area.
The steps which lead down to El Cerro Boulevard from the pedestrian plaza
shall have materials and color which match the ledgestone rather than a
standard concrete color. Each step shall have a ledgestone riser with a bull-
nose horizontal element. Color and design is subject to final review and
approval by the Planning Division and the DRB.
The signage for the project shall be substantially consistent with the Master
Sign Program approved with this application. The program permits the
PAGE 9 OF RESOLUTION NO. 98-02
10.
following signage at the project site:
Entrance Identification Sign - Approximately 4'-3" high, three feet wide
and one foot deep, as shown on the project plans. The sign contains the
name of the center (i.e., Mount Diablo Center for the Arts) and displays
the building address with bronze cut-out numbers with dark oxidized
returns. No intemal illumination is permitted for this sign.
Incised Building Identification Sign - A halo-illuminated sign inscribed
into the wall above the theater entrance which faces the parking lot
(northem elevation). The sign describes the name of the center (i.e.,
Mount Diablo Center for the Arts).
Major Tenant Identification Sign - Located on the southwest planter
wall at the comer ofLa Gonda and E1 Cerro Boulevard, this shall be the
only major tenant sign permitted to be displayed on the exterior of the
building. The tenant name shall be spelled with individual bronze cut-
out letters with dark oxidized returns, occupying an area on the planter
wall which does not exceed 20' wide by 1'~6" high. No other individual
tenant signs are permitted on the exterior of building.
Incandescent Monument Identification Sign - Approximately 6'-10"
high, 10'-4" wide, and 2'-6" deep, this sign shall identify the building
and upcoming theater events along the El Cerro Boulevard frontage.
The upper quarter of the sign shall be constructed of a dark metal, the
center portion shall contain the programmed electronic signage area,
and the lower third of the sign is constructed of ledgestone to match the
building.
No "moving" messages are permitted to be displayed on the reader
board. Instead, the events shall be displayed one message at atime, at
pre-determined timed cycle. The intent is for travelers to pick up the
whole current-events program only after driving by numerous times.
Any proposed changes or revisions to this Master Sign Program shall be
reviewed and approved as a revised Master Sign Program by the Planning
Commission.
No individual tenant sign (other than on the major tenant name displayed on the
southwest planter terrace) is allowed on the exterior of the building or at the
PAGE 10 OF RESOLUTION NO. 98-02
entrance of the parking lot. Tenant directories shall be located within the
building.
E. PARKiNG
* 1.
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.
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
parking aisles shall be provided, if deemed necessary, to the satisfaction of the
San Ramon Valley Fire Protection District and the City Engineer.
Prior to the issuance of a grading permit for the development of the project, the
applicant shall inform the Town as to which Parking Lot scheme (Scheme A or
Scheme B) will be utilized. The selected scheme shall be reviewed and
approved by the Design Review Board prior to the issuance of a grading
permit.
If Scheme A is chosen, the applicants must show documentation that excess
Caltrans right-of-way has been acquired and all necessary encroachment
permits for all off-site grading activities within the Caltrans right-of-way has
been secured prior to the issuance of grading permits for site construction.
5. All landscape islands shall be bordered by a minimum four inch concrete curb.
The ultimate parking scheme shall be in substantial conformance with either
Scheme A or Scheme B, whichever is chosen, as depicted in Exhibit G, dated
received by the Planning Division on January 5, 1998.
The developer shall install all necessary signage, and paint the curb along the
La Gonda Way frontage to designate the frontage as a "No Parking" area, as
determined by the City Engineer.
The handicap space in front of the theater entrance shall be relocated farther
west in order to eliminate vehicular movements between the handicap parking
PAGE 11 OF RESOLUTION NO. 98-02
space and the theater drop-off area.
In order to accommodate future Town plans to remove parking from the north
side of El Cerro Boulevard along the property' s frontage and allow the future
installation of a bike lane, all existing on-street parking along the noah side of
El Cerro Boulevard shall be eliminated. The curb shall be painted and signed
to delineate a No Parking area.
F. GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected. An encroachment permit shall be secured from the
California Department of Transportation (Caltrans) for any grading or off-site
work that encroaches upon Caltrans right-of-way.
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 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 12 OF RESOLUTION NO. 98-02
G,
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
oecur 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 cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
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.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
All grading activity shah address National Pollutant Discharge Elimination
System ~PDES) 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 FFater Pollution
Prevention Plan (SI4rPPP,). ,~ 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.
All mud or din carried off the construction site onto adjacent streets shall be
swept each day. Water flushing of site debris or sediment or concrete washing
PAGE 13 OF RESOLUTION NO. 98-02
10.
11.
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 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, stripping for bike lanes, 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.
Street signing and striping shall be installed by the developer as required by the
Town. Such signs shall include, but is not necessarily limited to "Stop," "No
Parking," "Entrance Only," "Exit Only,*' and "Bike Lane."
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. The developer shall be responsible for corrective
measures at no expense to the Town.
A sidewalk of the same width as the adjacent sidewalk on La Gonda Way (7
1/2 feet measured from back of curb) shall be installed on the property's El
Cerro and La Gonda Way frontages.
To minimize the number of conflicting turn movements on La Gonda Way, the
project shah designate the southern driveway as an "Entry Only" access point,
and the northern driveway as an "Exit Only" driveway. This requirement must
be shown on the final development and construction plans prior to the issuance
of any buildingpermit for the project.
To maximize the internal efficiency of the parking layout. there shah be a
minimum 40foot queuing area at the Exit Only driveway. This requirement
must be shown on the final development and construction plans' prior to the
issuance of any building permit for the project.
PAGE 14 OF RESOLUTION NO. 98-02
H,
12.
The El Cerro Boulevard/La Gonda Way signalized intersection shall be re-
striped so that the centerline along La Gonda [,Vay provides for a left-turn
,pocket from La Gonda Way to El Cerro Boulevard. The queuing space for the
le~-turn pocket shall be a minimum of l OO feet. La Gonda Way shah be re-
striped, and any vehicle detectors moved prior to the issuance of a building
,permit for the theater or the office building, whichever is planned to be
constructed first.
13.
A bicycle lane, designed to the Town ~ standards, shah be striped along the La
Gonda l'Vay property frontage to provide a defined travel way for bicyclists.
This striped bicycle lane shall be provided prior to the issuance of a building
permit for the theater or the office building, whichever is planned to be
constmtcted first.
14.
To implement Conditions #G 12 and ~G13 above, the applicants shall restripe
La Gonda Way (north of the El Cerro Boulevard intersection) as follows and as
shown on site plans contained in Exhibit G, prior to the issuance of occupancy
for any portion of the building:
Provide an 11-foot wide southbound through/right shared lane on La
Gonda Way;
b,
Provide an 11 -foot southbound left-turn lane (from La Gonda to E1
Cerro);
c. Relocate and restripe the double-yellow center line;
Install new vehicle detectors beneath the pavement on La Gonda Way
(noah of the E1 Cerro intersection);
e. Provide a 13-foot northbound travel lane on La Gonda Way;
Stripe a new five foot wide bike lm~e along the property's La Gonda
Way frontage.
Prior to the issuance of a grading permit for construction, detailed improvement
plans showing these restriping changes shall be submitted for review and
approval by the Town's Traffic Engineer.
INFRASTRUCTURE
PAGE 15 OF RESOLUTION NO. 98-02
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. EBMUD's initial
comments on this project are summarized within their memorandum dated June
20, 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 8, 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 runofffrom 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 in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks' or
onto adjacent properties.
Any portion of the drainage system that conveys runoff fi'om public streets' shall
be installed within a dedicated drainage easement, orpublic street.
Ira 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.
PAGE 16 OF RESOLUTION NO. 98-02
All utilities shall be located and provided within public utility easements, sited
to meet utility company standards, or in public streets.
10.
All new utilities required to serve the development shall be installed
underground.
11.
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
Preliminary Development Plan - Rezoning (PUD 98-01) and Final
Development Plan (DP 97-08) 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.
Use of a private gated entrance to the office/theater development is expressly
prohibited.
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.
PAGE 17 OF RESOLUTION NO. 98-02
The pedestrian plaza shall be made available to the general public and can not
be designated for private uses only.
Bicycle rack shall be installed on the project site, at a location deemed
appropriate by the Town's Traffic Engineer.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 27,
1998, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Bowlby, Combs, Jameson, Osborn, Rapp, Moran
Hunt
Chairman
APPROVED AS TO FORM:
ChieF~
f:\planning\willia~nsXapplication\dp\dp97_08\revisedRESO
PAGE 18 OF RESOLUTION NO. 98-02