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HomeMy WebLinkAbout99-27RESOLUTION NO. 99-27 ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE DEVELOPMENT PLAN REQUEST DP 98-37 ALLOWING THE DEVELOPMENT OF A 29,275 +/- SQUARE FOOT GENERAL OFFICE COMPLEX (APN: 200-140-011) WHEREAS, Brian D. Thiessen has requested approval of a Development Plan request (DP 98-37) which would allow the development of a 29,275 +/- square foot office complex on a 1.59 +/- acre site; and WHEREAS, the subject site is located at 375 West El Pintado Road and is further identified as Assessor's Parcel Number 200-140-011; and WHEREAS, the Town of Danville Municipal Code requires approval of a Development Plan prior to the development of a new office complex; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 27, 1999; and WHEREAS, a Mitigated Negative Declaration of environmental significance has been prepared for the project indicating that mitigation measures and/or modifications to the proposed project have been required which would mitigate potential impacts to a less than significant level; 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 the 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 approves a Mitigated Negative Declaration of environmental significance and Development Plan request DP 98-37 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. l0 2. The proposed development is in conformance with the proposed zoning district in which the property is located. The proposed project is in substantial conformance with the E1 Cerro Boulevard General Plan Amendment. , 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. The proposed development will not be detrimental to the to the health, safety, and general welfare of the Town. , 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. 8. The development will not adversely affect the policy and goals as set by the General Plan. 9. 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. PAGE 2 OF RESOLUTION NO. 99-27 A. GENERAL This approval is for a Development Plan request (DP 98-37) allowing for the development of a 29,275 +/- square foot general office complex, consisting of two separate two-story structures connected by a plaza and covered pedestrian bridge at 375 West E1 Pintado Road, also identified as Assessor's Parcel Number 200- 140-011. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions of approval contained herein; Preliminary Development Plan, Site Plan Elevations and Preliminary Landscape Plans Preliminary Grading Plan consisting of 10 sheets, as prepared by Hollman Bologna, David Gates & Associates, and DeBolt Engineering, and dated received by the Planning Division on July 20, 1999. 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 Town's Transportation Improvement Program (TIP), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. , Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $373.50 (2 mailings X 249 notices X $0.75 per notice). , 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) 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 October 12, 1998. 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 PAGE 3 OF RESOLUTION NO. 99-27 within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of Califomia 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 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. I0. 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. 11. All physical improvements shall be in place prior to occupancy of any structure in the project. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. PAGE 4 OF RESOLUTION NO. 99-27 12. As part of the initial submittal for improvement plan check and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project has been complied with. 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 must be signed by the applicant. The report is subject to review and approval by the Chief of Planning, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 13. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the Califomia building codes. * 14. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANN1NG 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. Prior to the issuance of a building permit, the applicant shall submit a final building and site lighting plan for review and approval by the Town's Design Review Board. This review shall ensure that the proposed building and site lighting would not result in excessive reflective or amount of lighting that would significantly impact adjacent residences to the south. * 2. 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 * 1. 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. 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 PAGE 5 OF RESOLUTION NO. 99-27 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~ The final irrigation plan is subject to review and approval by the Planning Division. 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. Prior to the issuance of a building permit, The Tree Preservation Guidelines established on pages 6 and 7 of the Tree Preservation Report, prepared by HortScience, Inc. and dated December, 1998, shah be incorporated into the detailed site development plans. These guidelines outlines site design issttes, preconstruction treatments, and tree protection methods during construction. Prior to the issuance of a building permit, 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 three Oak trees located on the knoll which fronts onto West E1 Pintado Road. The security deposit shall be retumed upon verification of the health of the trees following two full growing seasons after project completion. The two Oak trees located on the knoll which fronts onto West E1 Pintdo Road shall be preserved. The applicant shall exercise all possible efforts save Oak tree ~80 (referenced in the Tree Preservation Report prepared by HortScience, Inc.), as determined by staff. All other vegetation on the project site may be removed to construct the project. Prior to the issuance of a building permit, the proposed landscaping under the existing two Oak trees on the knoll adjacent to West El Pintado Road shall be modified to emulate the natoral soil environment in the landscape design to ensure the continued future health of these Oaks. These modifications shall include the selection of plant materials which would require only temporary and minimal irrigation for establishment, as determined by the Town. The modified landscape design shall be subject to the review and approval of the Planning Division prior to the issuance of a building permit. PAGE 6 OF RESOLUTION NO. 99-27 To accommodate a sidewalk along the eastem property fromage, the knoll shall be graded back and retained by a series of two retaining walls. The lower retaining wall shall be a maximum of 30 inches high and the upper wall shall be a maximum of 18 inches high. Prior to the issuance of a building permit, the applicant shall submit final construction and grading plans for review and approval by the Town. 10. The materials used for the retaining walls along the West E1 Pintado Road frontage would match the planter walls used throughout the project site The project applicant shall install perimeter fencing, where there is currently none. If desired by the adjacent property owners, the applicant shall install a new six foot high solid wood fence. No fencing shall be installed within the setback area of any property. The wood fence shall utilize 4" X 4" pressure treated fence posts, and shall include minimum 2" X 8" kickboards. D. ARCHITECTURE * 1. All duets, 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 architeeturaily compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel flamed 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 that all trash/recycling areas 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. 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 at all times, day and night. 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. PAGE 7 OF RESOLUTION NO. 99-27 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. Prior to the issuance of a building permit, the project plans shall be revised to show that the larger monument sign (5 '2" tall X 12' 8" wide) be relocated to south of the "Entry Only" driveway. The final plans are subject to the review and approval of the Planning Division. Prior to the issuance of a building permit, the project plans shall be revised so that the small monument sign (2'8" tall X 5'8" wide) is relocated to the "Exit Only" driveway. The placement of this monument sign shall be such that the bottom of the sign is not higher than one foot above the elevation of the adjacent sidewalk. This monument sign shall incorporate the words "Exit Only" without increasing its overall size~ The final plans are subject to the review and approval of the Planning Division. 8. No signage on the property shall be internally illuminated. PARK1NG 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 loop roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. To accommodate a safer and more efficient internal parking layout and circulation, the applicant shall revise the project plans prior to the issuance of a building permit, to show: The southeastern parking space immediately adjacent to the southern Entry Only driveway shall be removed to create a longer driveway "throat "for queuing and vehicular back-up space, as shown on the Staff Parlang Layout Study included as part of the staff report. This former PAGE 8 OF RESOLUTION NO. 99-27 F, parking area shah be landscaped The northeastern parldng space immediately adjacent to the southern Entry Only driveway shall be reviewed by the Traffic Engineer to determine whether it shah remain or be removed based on traffic safety and sight distance criteria. One of the last parking spaces, at the end of the drive aisle, under the East Building shall be eliminated, and striped over, to provide for vehicle turn- around movements. The parking spaces and the landscape "finger" strips along the southem elevation of the East Building shall be adjusted to provide for a more open entrance walkway onto the plaza area. If the redistribution of the parking spaces to create a larger walkway area result in the reduction of the number of parking spaces below the minimum required, the applicant shall make a corresponding reduction in the building square footage so that the parking standard is met. The compact parking spaces currently proposed immediately adjacent to the south side of the East Building shall be redistributed throughout the project site. The final driveway designs shall be subject to the review and approval of the Town's Traffic Engineer to ensure that the one-way circulation is designed to physically deter violations. The most appropriate design to deter these violations shah be determined by the Traffic Engineer prior to the issuance of a building permit. These mechanisms may include, but are not limited to, striping and signage. The project's parking requirements are based on this assumption that the office complex will be used as a "general" office (rather than medical and/or dental offices). Any future use of the building that has the potential to generate a higher parking demand than it is currently approved for, shall be subject to the review and approval of the Planning Commission. 7. There shall be no reserved parking on this project site. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 9 OF RESOLUTION NO. 99-27 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 operaions 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. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 10 OF RESOLUTION NO. 99-27 * 8. 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 construchon 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. lO. AH grading activity shall address National Pollutant Discharge Elimination System {3[PDES) concerns. Spec~ific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Polhttion 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. 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 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 PAGE 11 OF RESOLUTION NO. 99-27 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. H, 5. Handicapped ramps shall be provided and located as required by the City Engineer. , As required by the City Engineer, the applicants shall install fromage improvements along West El Pintado Road, including the installation of new curb, gutter and sidewalk which matches and/or transitions from the sidewalk located north of the project site. Additionally, the applicant shall rapave one half of the West E1 Pintado Road street section which lies directly in front of the property. Prior to the issuance of a building permit, the applicant shall submit improvement plans to the Engineering Division for review and approval. Prior to approval of the improvement plans, the Traffic Engineer shall determine whether the northeastern parking space, adjacent to the southem driveway, shall remain based on sight distance and traffic safety criteria. Prior to the issuance of a building permit, the Traffic Engineer shall determine the length of the "no parking" red zone located on either side of the Exit Only driveway to ensure adequate sight distance. iNFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements ofEBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated September 29, 1998. 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. 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 required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control PAGE 12 OF RESOLUTION NO. 99-27 & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff j~om public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall fumish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the conslruction of off-site temporary or permanent road and drainage improvements. 10. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. This includes undergrounding the existing overhead utility lines (not the transmission lines). All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. The applicant shall provide a street light along the West E1 Pintado Road frontage. The final location will be determined by the City Engineer. Prior to the issuance of a building permit, the applicant shall revise the project.plans to reflect the installation of a street light at a location determined by the City Engineer. PAGE 13 OF RESOLUTION NO. 99-27 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. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be bome by the applicant. 3. Use of a private gated entrance to this office complex is expressly prohibited. * 4. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on July 27, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Hunt, Jameson, Moran, Osborn, Rapp Chairman PAGE 14 OF RESOLUTION NO. 99-27 APPROVED AS TO FORM: l%plannh~g\application\dp\1998 dp\dp 98-37\pc staff report dp 98-37 PAGE 15 OF RESOLUTION NO. 99-27