HomeMy WebLinkAbout2000-04RESOLUTION NOo 00-04
APPROVING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN
REQUEST DP 99-20 ALLOWING THE CONSTRUCTION
A 7,100 +/- SQUARE FOOT ADDITION TO THE
EXISTING SAFEWAY STORE AND THE
RECONFIGURATION OF THE
PARKING LOT (APN: 206-010-045)
WHEREAS, Regency Realty Corporation (OWNER) and Safeway, Inc. (APPLICANT) have
requested approval of a Development Plan request DP 99-20 to allow the demolition of the
existing 2,514 +/square foot tenant space on the north side of the existing Safeway store, and the
addition of 7,100 +/- square feet to the building allowing for the expansion of the store. The
application also proposes modifications to the parking lot and parking lot landscaping to provide a
total of 36 additional parking spaces on a 13.10 +/- acre site; and
WHEREAS, the subject site is located at 3496 Camino Tassajara and is further identified as
Assessor's Parcel Number 206-010-045; and
WHEREAS, the Town of Danville Municipal Code requires approval of a Development Plan
prior to the construction of a commercial addition; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
January 25, 2000; and
WHEREAS, the a Mitigated Negative Declaration of Environmental Significance has been
prepared for this project indicating that, as amended through project modification or
recommended conditions of approval, no significant environmental impacts are expected to be
associated with this project; 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 approves Development Plan request DP
99-20 per the conditions contained herein, and makes the following findings in support of this
action:
The proposed Development Plan will not be detrimental to the to the health, safety, and
general welfare of the Town.
The Development Plan will not adversely affect the orderly development of property
within the Town.
The Development Plan will not adversely affect the preservation of property values and
the protection of the tax base within the Town.
The Development Plan will not adversely affect the policy and goals as set by the General
Plan.
The Development Plan will not create a nuisance and\or enforcement problem within the
neighborhood or community.
6. The Development Plan will not encourage marginal development within the
neighborhood.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated
Negative Declaration of Environmental Significance prepared for the project.
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.
* 1.
This approval allows for the demolition of the existing 2,514 +/square foot tenant
space on the north side of the existing Safeway store, and the addition of 7, 100 +/-
square feet to the building allowing for the expansion of the store. The application
also proposes modifications to the parking lot and parking lot landscaping to provide
a total of 36 additional parking spaces on a 13.10 +/- acre site. The site is located
at 3496 Camino Tassajara, and is contained within the Tassajara Crossings
shopping center. Except as may be modified by the conditions of approval
PAGE 2 OF RESOLUTION NO. 00-04
contained herein, development shall be substantial as shown on the project plans
labeled "Safeway Store # 1211 ," consisting of six sheets, dated received by the
Planning Division on December 8, 1999.
The applicant shall be responsible for the payment of 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. Notice should be taken specifically of the
Town's Child Care Facilities Fee ($1,156.00), Tri-Valley Transportation Fee
($4,716.48), Tassajara Area Benefit Fee (TATIF) ($7,629.00), Flood Control &
Water Conservation District (Drainage Areas and Mitigation) ($924.80), Plan
Checking, and Inspection fees.
Prior to the issuance of a building permit, whichever occurs first, the applicant
shall reimburse the Town for notifying surrounding neighboring residents of the
public hearing. The fee shall be $342.00 (456 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 have been, or will be, met to the satisfaction of the
district. The SRVFPD's initial comments on this project are summarized in part
in their memorandum dated September 10, 1999.
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 $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,
aad 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
PAGE 3 OF RESOLUTION NO. 00-04
10.
12.
13.
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 as found to be necessary/appropriate by the Planning Division.
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 intemal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
A watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as work days. Dust-
producing activities shall be discontinued during high wind periods.
If the applicant intends to construct the project in phases, then the first submittal
for building permits shall be accompanied by an overall phasing plan. This plan
shall address: off-site improvements to be installed in conjunction with each
phase; erosion control for undeveloped portions of the site; timing of delivery of
emergency vehicle access connections; and phasing of project grading. The
phasing plan shall be subject to the review and approval of the City Engineer and
Chief of Planning.
As part of the initial submittal for the 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 City Engineer and/or Chief of Planning and/or Chief Building
Official, and 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 Califomia building codes.
t 4. Planning Division sign-off is required prior to the completion of a Final Building
PAGE 4 OF RESOLUTION NO. 00-04
Inspection.
15.
Outdoor display and storage within the shopping center shall not be allowed,
unless specifically approved by the Town under a separate Land Use Permit
application. Outdoor storage and display of non-season merchandise (i.e., holiday
season items such as pumpkins) shall not be allowed until it is documented that
the numerical parking demand has been reduced to be equal to or below the
supply.
16.
Prior to issuance of building permits for the project, the applicant shaH submit a
construction staging and construction phasing plan for the proposed project. The
plans shallprovide for the construction while minimizing impacts to surrounding
properties, bnsinesses, and customers, subject to review and approval by the
Planning Division.
SITE PLANNING
New parking lot lighting shall be designed to provide the minimum level of
lighting necessary for the safe use of the parking lot. All lighting shall be installed
in such a manner that lighting is generally down-directed and glare is directed
away from surrounding properties and rights-of-way. The final lighting plan, and
a foot candle diagram based on the light plan, shall be submitted for review and
approval by the Design Review Board prior to issuance of building permits.
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.
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 ~191-14 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.
PAGE 5 OF RESOLUTION NO. 00-04
,
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.
The landscape plan shall be modified so that the Sycamore trees are located along
the aisles and the Scarlet Oak trees are located at the end of the drive aisles.
ARCHITECTURE
All ducts, meters, air conditioning and/or any other mechanical equipment whether
on the structure or on the ground shall be effectively screened from view with
landscaping or materials architecturally compatible with the main structures.
,
All trash and refuse shall be contained within enclosures architecturally compatible
with the project architecture. Enclosure design shall include six foot high masonry
wails on three sides with steel framed gates and wood bolted to the gates. Gates
will be self-closing and self-latching. Prior to issuance of a building permit, the
applicant shall document that all trash/recycling areas am 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 the structure 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.
,
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.
PARKING
1. Where authorized, compact car spaces shall be clearly designated with appropriate
PAGE 6 OF RESOLUTION NO. 00-04
pavement marking or signage. Compact spaces shall be no less than 8 feet by 16
feet in size, including allowable overhang.
The property owner shah be required to comply with aH conditions of approval
previously established as part of Variance request VAR 92-36. The property
owner shall work with existing tenants to adjust the mix of tenant occupancies,
with a goal of reducing the corresponding parking demand, to substantially
conform with the tenant mix specified under VAR 92-36. The property owner shall
also work with existing tenants who are operating in violation of the approval
granted for VAR 92-36. The property owner shall initiate immediate discussions
with the following three tenants who are operating in a manner creating a parking
demand which is in conflict with the approval granted for VAR 92-36: Strizzi's
Restaurant, Ascona Pizza, and Victoria's Hair Salon. Thirty days' after the
effbctive date of this approval, the Town shah inspect the shopping center to verijS/
compliance with the requirements of VAR 92-36. If the shopping center is not in
compliance at that time, VAR 92-36 will be scheduled before the Planning
Commission for discussion and possible revocation. Alten~atively, the property
owner will be required to file a new variance application to modify the provisions
of the approval for VAR 92-36. Any new variance application will be subject to
review and approval by the Planning Commission.
After it is documented that the numerical parking demand (based on then-current
Town Municipal Code parking standards) is less than or equal to 684 parking
spaces' (i.e., l l O percent of the supply of parking, as allowed for under VAR 92-
36), non-retail uses may be allowed after documentation that the new use will not
result in a parking demand greater than 684 parking spaces.
~rithin 30 days of the effective date of this approval, the property owner shall
submit to the Town of Danville a draft parking management plan for the shopping
center for Town review and approval. The plan shall focus on how employee
partang needs will be handled determining the most beneficial location within the
center for employee parking, and creating a strategy for implementation and
management of the plan. At the discretion of the Chief of Planning, the parking
management plan may be agendized for consideration by the Planning
Commission. Safeway shah be a major participant in the preparation and
enforcement of this plan.
F. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of those
property owners affected.
PAGE 7 OF RESOLUTION NO. 00-04
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 currant
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,
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.
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
PAGE 8 OF RESOLUTION NO. 00-04
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 imrnediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
* 9.
All grading activity sball address National Pollutant Discharge Elimination System
(NPDES) concerns. Specific :measures to control sediment runoff, construction
pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention
Plan (SWPPP). A NPDES cor~struction permit may be required, as determined by
the City Engineer.
G. STREETS
* 1.
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.
Street signing shall be installed by the applicant as may be required by the City
Engineer. Traffic signs and parking restriction signs which may be required to be
installed shall be subject to review and approval by the Transportation Division
and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall be swept
each day~ Water flushing of site debris or sediment or concrete washing is
expressly prohibited.
Any damage to street improvements now existing or done during construction on
or adjacent to the subject property shall be repaired to the satisfaction of the City
Engineer, at full expense to the applicant. This shall include slurry seal, overlay
or street reconstruction if deerned warranted by the City Engineer.
All improvements within the public right-of-way, including curb, gutter, sidewalks,
driveways, paving and utilities, shall be constructed in accordance with approved
standards and/or plans and shall comply with the standard plans and specifications
of the Development Services Department and Chapters XII and XXXI of the
Town Code. Atthe time project improvement plans are submitted, the applicant
shall supply to the City Engineer an up-to-date title report for the subject property.
PAGE 9 OF RESOLUTION NO. 00-04
,,-, * 6. Handicapped ramps shall be provided and located as required by the City Engineer.
H. INFRASTRUCTURE
* 1.
* 2.
* 3.
* 4.
* 5.
* 6.
* 7.
* 8.
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 EBMUD
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 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 appmved 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 handtie 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 thcility 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.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of enhy, permits and/or easements for the construction of off-site
temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and (.'able 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.
All new utilities required to serve the development shall be installed underground.
PAGE 10 OF RESOLUTION NO. 00-04
* 10. All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
I. MISCELLANEOUS
* 1.
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.
* 2.
The proposed project shall conform to the Town=s Stormwater Management and
Discharge Control Ordinance (Oral 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 January 25, 2000
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Chairman
City Attorney
Chsef of P
PAGE 11 OF RESOLUTION NO, 00-04