HomeMy WebLinkAbout99-39RESOLUTION NO. 99-39
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-54
ALLOWING THE CONSTRUCTION OF A 3,067 +/- SQUARE FOOT
COMMERCIAL BUILDING AT 294 RAILROAD AVENUE AND A 4,000 +/-
SQUARE FOOT COMMERCIAL BUILDING AT 495 HARTZ AVENUE AND
VARIANCE REQUEST VAR 98-35 ALLOWING BOTH BUILDINGS TO
ENCROACH INTO THE REQUIRED 10-FOOT MINIMUM FRONT YARD AND
SECONDARY FRONT YARD SETBACKS AND TO ALLOW FOR THE
REDUCTION OF REQUIRED ON-SITE PARKING.
(APN: 208-023-020 & 208-023-015 - LGH ASSOCIATES RETAIL BUILDINGS)
WHEREAS, LGH Associates (Owners) have requested approval of Development Plan request
DP 98-54, and Variance request VAR 98-35 to construct a 3,067 +/- square foot retail building
and a 4,000 +/- square foot building on a 0.37 +/- acre site comprised of two separate parcels; and
WHEREAS, the subject site is located at 294 Railroad Avenue and 495 Hartz Avenue is further
identified as Assessor' s Parcel Numbers 208-023-020 & 208-023-015; and
WHEREAS, the Variance request would allow both buildings to encroach up to a maximum of
9 +/- feet into the required 10-foot minimum front yard and secondary front yard setback; and
WHEREAS, the Variance request would also allow a reduction in the amount of required on-site
parking spaces for the 294 Hartz Avenue Building; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval
of a Development Plan request prior to the establishment of a new retail commercial building;
and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 9, 1999; 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
PAGE 1 OF RESOLUTION NO. 99-39
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Danville Planning Commission recommends that the Danville Town Council
reduce the Commercial Transportation Improvement Program (CTIP) fee for the project by an
amount equal to the proj ect's reimbursement towards the recently installed traffic signal at Church
Street and Railroad Avenue, and, be it further
RESOLVED that the Planning Commission of the Town of Danville approves Development
Plan request DP 98-54 and Variance request VAR 98-35 per the conditions contained herein, and
makes the following findings in support of this action:
Development Plan:
1. The proposed project is consistent with the Danville 2010 General Plan.
The proposed development will constitute commercial structures of sustained desirability
and stability, and will be in harmony with the character of the existing development in the
area, the surrounding neighborhood and the community.
The applicant intends to obtain permits for construction within 18 months from the
effective date of the Development Plan approval.
The proposed development is needed at the proposed location to provide adequate
facilities of the type proposed.
Traffic congestion will not likely be created by the proposed development 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 an attractive and efficient development which will fit
harmoniously into, and will have no adverse effects upon, the adjacent or surrounding
development.
Variance:
This Variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District 1; Old
Town Retail and Downtown Business District 2; Old Town Retail Transition, in which
the subject property is located.
2. Because of the following special circumstances applicable to this specific property, strict
PAGE 2 OF RESOLUTION NO. 99-39
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:
Due to the size and narrow width of the project site, the amount of area necessary
to allow for the required number of parking spaces and corresponding back-out
area is limited. Further, the shared parking concept for this property dictates the
location of the driveway aisle and the placement of the parking spaces which
limits the buildable area on the project site.
Because of the setback requirements for corner parcels within the zoning
ordinance, the developable area of the project site is limited. The project site
includes three street frontages where other parcels within the downtown typically
only include one or two narrow street frontages.
These variances are in substantial conformance with the intent and purpose of the
Downtown Business District 1: Old Town Retail and Downtown Business District 2; Old
Town Retail Transition, in which the subject property is located since the variance allows
for reasonable development of commercial structures on two corner parcels with three
street frontages.
CONDITIONS OF APPROVAL
Conditions of Approval with an asterisk C*") in the left-hand column are standard project
Conditions of Approval.
Unless otherwise specified, the following conditions shall be complied with prior to the issuance
of a building permit for the project. Each item is subject to review and approval by the Planning
Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for Development Plan request DP 98-54 and Variance request
VAR 98-35, allowing:
The construction of a 3,067 +/- square foot commercial building on a
parcel identified as 294 Railroad Avenue (APN: 208-023-020); and the
construction of a 4,000 +/- square foot commercial building on a parcel
identified as 495 Hartz Avenue (APN: 208-023-015). Development shall
be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein;
PAGE 3 OF RESOLUTION NO. 99-39
Development Plan, Site Plan, Building Elevations, Roof Plan,
consisting of eight sheets, as prepared by Harley Jensen AIA and
Andre Ptaszynski Associated Architects and dated received by the
Planning Division on November 3, 1999.
ii.
Conceptual Landscape Plan, consisting of one sheet, as prepared by
Babcock - Hansen Landscape Architects, and dated received by the
Planning Division on November 3, 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 Commercial
Transportation Improvement Program which shall be estimated at $4.50 per square
foot of floor area, and is subject to approval by the Town's Planning Division,
Parking In-lieu fee (please see Condition E3 for more details), Contra Costa
County Flood Control & Water Conservation District, Drainage Areas and
Mitigation Fees, Plan Checking, Inspection, and TVTD and see traffic mitigation
fees.
Prior to the issuance of a grading or building permit, whichever occurs first, the
applicant shall reimburse the Town for notifying surrounding neighboring
residents of the public hearings for this project. The fee shall be $254.25 (113
notices X $0.75 per notice X 3 mailings).
Prior to the issuance a building permit, the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire Protection
District and the San Ramon Valley Unified School District have been, or will be,
met to the satisfaction of these respective agencies. If determined necessary by the
Fire District, one or more fire hydrants shall be installed in conjunction with the
improvement to the project's frontages.
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.
PAGE 4 OF RESOLUTION NO. 99-39
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10.
11.
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.
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.
All physical improvements shall be in place prior to occupancy. If occupancy
within the project is requested to occur in phases, all physical improvements shall
be required to be in place prior to occupancy except for items specifically excluded
in a construction-phases occupancy plan approved by the Planning Division. No
portion of the 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.
As past of the initial submittal for the building permit review process, the applicant
shall submit a written Compliance Report, detailing how each condition of
approval for this project has been, or will be, complied with. This report shall be
submitted with the building permit application for the review and approval of the
Planning Division. 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 may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
Prior to approval of a building permit, all projects must conform to the applicable
Uniform Building Codes and the California building codes.
PAGE 5 OF RESOLUTION NO. 99-39
* 12. Planning Division sign-off is required prior to the completion of a Final Building
Inspection.
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 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
County Health Services Department - Environmental Health Division regulations.
Environmental Health Division permit and inspection for this work shall be
obtained.
Outdoor storage or display of merchandise is not permitted within the shopping
center prior to review and approval of a Land Use Permit.
LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be
submitted for review and approval by the Planning Division. The plan shall
include common names of all plant materials and shall indicate the size that
various plant materials will achieve within a five-year period of time.
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
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.
PAGE 6 OF RESOLUTION NO. 99-39
The four trees located at the driveway entrance off Church Street shall be
"Flowering Pear". The final landscape plan shall reflect this change and is subject
to review and approval by the Plan.ning Division prior to the issuance of a building
permit.
The developer shall be responsible for the maintenance of all project related
landscaping and decorative hardscape along the project' s Railroad Avenue Church
Street and Hartz Avenue frontages.
Onesite landscaping and decorative hardscape shall be maintained in good shape,
with planting material refreshed or replaced as may be necessary to address dead,
failing or damaged planting material.
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 the garbage enclosure, to be
constructed within building "A" as identified on the project plans. If feasible,
doors to the enclosure shall be self-closing and self-latching subject to review and
approval by the Planning Division. Prior to issuance of a building permit, the
applicant shall document that the trash/recycling areas are appropriately sized and
located. An area drain for the trash enclosure area shall be provided and 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.
Proposedprojectcolorsarenotapprovedatthistime. Samples offinal 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.
Final approval is subject to review of color mock-ups at the project site, prior to
completion of final building inspection.
The exact design of the tower element on the Railroad Avenue building and the
arched entry element over the easterly entry doors on the Church Street elevation
of the Hartz Avenue building shall be subject to additional refinement to both
soften these elements to enhance the compatibility of these elements with the
overall buildings and the character of the surrounding area. Final design of these
PAGE 7 OF RESOLUTION NO. 99-39
elements shall be subject to 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 prior to issuance of building permits
for the project.
No window tinting is permitted in any storefront windows or doors without prior
authorization by the Planning Division.
Any proposed modifications to project windows, including the constructions of
walls, partitions, or signage within five feet of the windows, shall require prior
review and approval of a separate Development Plan application.
,
All temporary signage utilized by the tenants in this center shall conform to the
standards for temporary business signage contained within the Town's Sign
Ordinance.
MASTER SIGN PROGRAM
Tenant A-1 - Signs may be proposed in one of two locations. Location "A" allows for one
sign in which the sign lettering shall not exceed 18" in height and 8' in length for the
comer entrance and shall be located within the recessed area and may include halo
illumination. Location "B" allows for two signs located over the awnings in which the
sign lettering shall not exceed 8" in height and 10' in length and lighting is provided
indirectly only by the existing building lighting.
Tenant A-2 - Signs may be proposed in one of two locations. Location "A" allows for one
sign which shall be located above the awning, indirectly illuminated only by the existing
building lighting. The sign lettering shall not exceed 12" in height and 8' in length.
Location "B" allows for one sign which shall be located above the entrance, indirectly
illuminated by halo illumination. This sign lettering shall not exceed 12" in height and 7'
in length.
If only one tenant occupies the entire building then two signs may be proposed in two of
the approved locations. However, final location approval is subject to review and approval
by the Planning Division.
Tenant B-1 - Signs may be proposed in one of two locations. Location "A" allows for one
sign which shall be located above the entrance, illuminated only by halo illumination. The
sign lettering shall not exceed 12" in height and 6' in length. Location "B" allows for one
sign which shall be located above the awning, indirectly illuminated only by the existing
building lighting. The sign lettering shall not exceed 12" in height and l 2' in length.
PAGE 8 OF RESOLUTION NO. 99-39
10.
11.
12.
13.
Tenant B-2 - One sign shall be allowed for this tenant space which shall be located above
the entrance on the stucco portico within the recessed area and may include halo
illumination. This sign lettering shall not exceed 12" in height and 8' in length.
Tenm~t B-3 - Signs may be proposed in one of two locations. Location "A" allows for one
sign in which the sign lettering shall not exceed 18" in height and 8' in length for the
comer entrance only and may include halo illumination. Location "B' allows for two
signs in which the sign lettering shall not exceed 8" in height and 10' in length, indirectly
illuminated only by the existing building lighting.
One window sign is permitted for each tenant unless the building is solely occupied by
one tenant, then one window sign shall be allowed for each frontage not to exceed two
window signs. The window signs shall not occupy more than 25% of the window space
for each tenant space. Window signs shall be tasteful in design and shall be subject to
review and approval by the Planning Division prior to installation.
Directional signs may be allowed for the parking area only and the number, size and
necessity of the signs shall be determined by the Planning Division.
The approved colors for the signs include rust, black or a metal finish. The signs shall be
constructed of wood or metal lettering and the font style shall be approved by the property
owner. No internal illumination of any of the proposed signs is allowed.
All proposed signs shall be approved and signed by the property owner prior to receiving
approval of the Planning Division. Sign maximums are to be used as guides to sign
design, however some signs proposed at the maximum size may be declined by the town
to not be appropriate for the tenant space as proposed, due to selected font type. It is the
discretion of the Town to impose a size reductions of signs if the massing of the sign is
determined not to be appropriate with the tenant space.
Logos are not allowed under this sign program and if proposed shall be subject to review
and approval by the Design Review Board under a separate sign exception application.
All signs proposed in compliance with this sign program are subject to review and
approval by the Planning Division at an administrative level. Any sign proposed which
does not meet the standards set forth in this sign program shall be subject to review and
approval by the Design Review Board under a separate sign exception permit.
A copy of this sign program shall be given to all tenants upon signing a lease agreement.
Language to include compliance with the Master Sign program for this retail center shall
PAGE 9 OF RESOLUTION NO. 99-39
be incorporated into the lease of the tenant.
14.
The property owner shall have the tenant sign a receipt that a copy of the Master Sign
Program was issued to them prior to signing the tenant lease.
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.
Prior to the issuance of a building permit, the applicant shall pay the Town's
Downtown off-site parking in-lieu fee. The off-site parking in-lieu fee is
calculated to be $66,500. This fee is based on an assumption of first floor retail
uses (i.e., 7,067 square foot at a parking ratio of one parking space per 250 square
feet of gross floor area = 28 required parking spaces for the total development -
4 parking spaces proposed on-site = 24 net parking spaces - 20 percent shared
parking reduction = 24 parking spaces - 5 spaces = 19 off-site parking spaces,
yielding an in-lieu fee for 19 off-site spaces at $3,500 a space (applying the
discount for retail uses) of $66,500). The per-space in lieu fee paid shall be
reflective of the fee schedule in effect at the time building permits are issued. If
the land use mix should change and result in a higher parking in-lieu fee, the fee
shall be recalculated based on the new land use mix. If the project is built in
phases, the fee for each phase shall be as calculated by the Planning Division at
the time building permits are issued for that phase.
The applicant shall install a sign on the east side of Building & facing the parking
stall, which is immediately adjacent to the trash enclosure, which defines the times
that the parking stall must be vacated in order to permit the collection of solid
waste and recyclable materials. The applicant shall coordinate with BFI and Waste
Management to devise a pick up schedule that would not conflict with store hours.
Within six months after building occupancy, staff shall provide a written update
to the Planning Commission regarding the status of the approved Waste
management plan for the project. If at that time the waste management program
approved for the project is unsuccessful, staff shall work with the applicant to
implement additional measures to address waste management.
The applicant shall install a sign in the parking area which defines the times that
the parking stall must be vacated in order to allow deliveries to the retail tenants.
PAGE 10 OF RESOLUTION NO. 99-39
These allowable delivery hours shall be limited to the hours between 8:30 a.m. and
10:00 a.m. unless subsequently authorized by the Planning Division. Parcel trueks
shall park in consigned yellow zones that are designated on Hartz Avenue and
Railroad Avenue. To implement this condition, the applicant shall include
language in all tenant lease agreements that the subject parking stalls are vacated
during trash and recycling collection times.
A parking management plan shall be developed by the applicant to formalize the
timing and location of the loading and delivery activities of the two buildings. The
plan shall be submitted for review and approval by the Development Services
Department, and is subject to further review and approval by the Planning
Division six months after occupancy. If necessary, the Planning Division may
require refinements to the parking management plan. The plan shall also address
the manner in which employee parking will be managed (i.e., the location of
employee parking, enforcement mechanisms and the means that employee parking
restrictions will be tied to individual commercial leases). A goal of the plan shall
be to maximize the availability of proximate parking in the general area that is
available for customer usage. To implement this condition, the applicant shall
include language in all tenant lease agreements and distribute a copy of the
parking management plan to the tenant.
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and
to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, 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 and/or other
applicable environmental reports, 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
PAGE I1 OF RESOLUTION NO. 99-39
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10.
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.
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 shall address National Pollutant Discharge Elimination System
(NPDES) concerns. Specific measures to control sediment runoff, construction
pollution and other potential construction eontamination shall be addressed
PAGE 12 OF RESOLUTION NO. 99-39
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.
11.
Building pad elevations shall be no higher than necessary to provide positive
drainage away from the buildings.
STREETS
Prior to issuance of building permit, applicant shall pay the Town of Danville a
not-to-exceed fee in the amount of $24,130.48 as the project's proportional
reimbursement share of the recently constructed traffm signal at the intersection
of Railroad Avenue and Church Street. The traffic signal had been identified by
Town traffic studies as necessary to accommodate the additional traffic to be
generated by new commercial development in the one block area of the
intersection in accordaoce with the Town's adopted traffic standards. The signal
was installed by the developer of the Iron Horse Plaza Shopping Center. That
development was subject to a condition obligating the development to install the
signal and providing for reimbursement of the actual expense of the signal above
that development' s proportionate share.
As calculated by the Town, the subject development represents 30.1% of the
projected development impacting the intersection (i.e., estimated net new square
footage of development for the one-plus acre of land comprising the eastern one
block area of the signal) and therefore, the fee represents 30.1% of the total
construction cost to be reimbursed for the signal (15%+/- of the total construction
cost for the signal).
Broken into components for the two parcels involved with this entitlement, the
obligation is a not-to-exceed reimbursement of $13,294.09 for APN 208-023-020
(covering the approval for a new 3,067 square foot building - with no credit
against the reimbursement obligation being given for the existing 528 square foot
structure on this site). The obligation is a not-to-exceed reimbursement of
$10,836.39 for APN 208-023-015 (covering the approval for a new 4,000 square
foot building - with credit against this reimbursement obligation being given for
the existing 1,500 square foot structure on this site).
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.
3. Parking lot signing shall be installed by the applicant as may be required by the
PAGE 13 OF RESOLUTION NO. 99-39
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
Department and the Police Department.
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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
Danville Municipal Code. At the time project improvement plans are submitted,
the applicant shall supply to the City Engineer an up-m-date title report for the
subject property.
Handicapped ramps shall be provided and located as required by the City Engineer.
8. Public streets shall be improved to the standards in/~G.5. above.
iNFRASTRUCTURE
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Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of the District.
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 the District.
Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer.
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.
PAGE 14 OF RESOLUTION NO. 99-39
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 from public streets shall
be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the easement
shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of off-site
temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided underground
in accordance with the Town policies and existing ordinances. All utilities shall
be located and provided within public utility easements, sited to meet utility
company standards, or in public streets.
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.
12.
The property owner shall repave Church Street to the centerline of the street, along
the entire length of the property.
The applicant shall provide a street light along Church Street consistent with the
type required by the Old Town Beautification Plan.
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.
Use of a private gated entrance or barrier, prohibiting public access to the parking
lot, is expressly prohibited.
3. The proposed project shall conform to the Town's Stormwater Management and
PAGE 15 OF RESOLUTION NO. 99-39
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and
post-construetion 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.
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To ensure that the developments on this block shall result in a logical parking
layout and circulation pattern, the applicant shall prepare, execute and record a
Grant of Easement agreement for cross vehicular access, in favor of APNs: 208-
023-014, 025, 012, and 018. This easement shall be recorded against the subject
propertypriortotheissuanceofabuildingpermit. This agreement shall not go
into effect until a reciprocal cross access agreement has been granted by at least
one adjacent property owner which benefits from this agreement.
The applicant is advised that in connection with the filing and application for any
approvals for the development of the remaining parcels on this block, the Town
will require a similar Grant of Easement agreement from those applicants for cross
access purposes in favor of this subject property, thereby "completing" the cross-
access agreement over a span of time.
The applicant shall furnish a trash receptacle along Church Street near Railroad
Avenue. This trash receptacle shall be as shown in the Old Town Beautification
Plan. Alternatively, the applicant could contribute the equal value of the trash
receptacle identified in the Old Town Beautification Plan towards the creation of
a "tile art concrete waste container" manufactured by Quick Crete Products Corp.,
currently seen in the downtown area.
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 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.
PAGE 16 OF RESOLUTION NO. 99-39
APPROVED by the Danvitle Planning Commission at a regular meeting on November, 9, 1999,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney ~
f~\planning~application\dp\dp98-54\dp98-54~DP99-54pc staffreport2.doc
Combs, Jameson, Moran, Osborn
Graham, Hunt ha~ir~ma,~~/?~,2/
Rapp
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PAGE 17 OF RESOLUTION NO. 99-39
