Loading...
HomeMy WebLinkAbout2000-12 EXHIBIT A RESOLUTION NO. 2000-12 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 99-28 VARIANCE REQUEST VAR 2000-04, AND MASTER SIGN PROGRAM REQUEST SR 2000-04 ALLOWING FOR THE REDEVELOPMENT OF THE DANVILLE SQAURE SHOPPING CENTER (APN: 199-330-020, 022, 024, 026, 044, 045, 048 AND 049 - AGENO TRUST) WHEREAS, the Edward S. Ageno 1992 Trust (OWNER) and Doug Offenhartz (APPLICANT) have requested approval of a Development Plan, Variance, and Master Sign Program request related to the Danville Square shopping center which would occur in three phases; and WHEREAS, Phase 1 of the development would include the construction of a new 15,800 +/- square foot building at the southwest comer of Railroad Avenue and Love Lane, the remodel of the existing "Trader Joe's" building, the implementation of a new Master Sign Program for the new building, the "Trader Joe's" building and the existing "Post Of~ce/Danville Lumber" building, the redesign and re-construction of the parking lot, and landscape improvements for the entire shopping center; and WHEREAS, Phase 2A would include the construction of a new 16,800 +/- square foot building to replace the existing "Post Of~ce/Danville Lumber Building;" and WHEREAS, Phase 2B would include the construction of a new 9,450 +/- square foot building near the northwest corner of the site, linking the proposed new building at the comer of Railroad Avenue and Love Lane and the new "Post Of~ce/Danville Lumber" building; and WHEREAS, the variance request would allow for a reduction of required on-site parking during the Phase 1 portion of development by 17 parking spaces, resulting in the provision of 183 parking stalls while 200 would be required. No parking variance would be necessary as a result of Phase 2A or 2B of the project; and WHEREAS, a variance is also required to allow for the provision of tandem parking stalls in the rear of the building, serving as employee parking, to count toward the required provision of parking; and WHEREAS, the subject 4,2 +/- acre site is located at 1-99 Railroad Avenue and is further identified as Assessor's Parcel Number 199-330-020, 022, 024, 026, 044, 045,048 and 049; and WHEREAS, on July 20, 1999, the Danville Community Development Agency (Agency) of the Town of Danville and the Edward S. Ageno 1992 Trust entered into an Owner Participation/Disposition and Development Agreement related to the Danville Square Shopping Center. This Agreement would result in the expansion and modemization of the shopping center, in order to maintain the shopping center as a viable facility. The Agency would assist the shopping center expansion and modernization project through the conveyance of an Agency owned parcel of land at the southwest comer of Railroad Avenue and Love Lane, and other considerations; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval of a Development Plan prior to the construction or remodeling of commercial buildings; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 28, 2000; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for this project and it has been determined, as mitigated through project modifications 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 Development Plan request DP 99-28, Variance request VAR 2000-04, and Master Sign Program request SR 2000-04 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: The applicant intends to obtain permits for the first phase of construction within 18 months from the effective date of plan approval. , The proposed development plan is consistent with the Danville 2010 General Plan and the Downtown Master Plan. PAGE 2 OF RESOLUTION NO. 2000-12 The proposed development plan is needed to provide adequate facilities of the type proposed, and traffic congestion will not likely be created by the proposed center or will be obviated by: presently projected projects; proper entrances and exits; internal provisions for traffic or parking; and/or parking plans and agreements. The development plan will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. , The proposal development plan will not be detrimental to the health, safety, and general welfare of the Town. The proposed development plan is necessary to allow for the expansion and modemization of the existing shopping center, in order to maintain the shopping center as a viable facility. 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 4: Residential Serving Commercial District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Due to constraints related to existing tenants with long term leases (i.e., the beauty salon and restaurant), which generate a higher parking demand than standard retail uses, Phase 1 of the project only would fall 17 parking spaces short of the parking requirements contained within the Town's Downtown Business District Ordinance. Phases 2A and 2B of the development plan will result in sufficient parking spaces for the shopping center, given the restriction of uses within the shopping center to retail uses only. Conditions of approval of this development require the conversion of the beauty salon and restaurant uses into retail uses after completion of Phase 2A, eliminating the parking deficit. b. The design of the shopping center restricts the parking design for a portion of the PAGE 3 OF RESOLUTION NO. 2000-12 required parking, after Phase 2b only, located in the northwest comer of the site, to tandem parking. As a result, eleven pairings of tandem parking spaces would be developed among the 237 total parking spaces to be provided. This portion of the parking lot would be limited to employee parking only, minimizing any negative impacts associated with this design. The parking management plan, required as part of this development, will include a plan for the effective utilization of these tandem parking spaces. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 4: Residential Serving Commercial District in which the subject property is located since the variance and the Development Plan will result in the expansion and modernization of the existing shopping center, allowing for the maintenance of the shopping center as a viable facility. Master Sign Program: The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the promises. 3. The signage will not excessively compete for the public's attention. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectoral style of the building, property or environment of which they are a part. The design of the signage will be consistent with professional graphic and structural standards. Signage illumination will be at the lowest level consistent with adequate identification and readability. PAGE 4 OF RESOLUTION NO. 2000-12 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 building permits for the project (as the conditions related to the phasing plan approved as part of this project). Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for Development Plan request DP 99-28, Variance request VAR 2000-04, and Master Sign Program request SR 2000-04, related to the development of the Danville Square shopping center. The site is located at 1-99 Railroad Avenue, and is further identified as APNs: 199-330-020, 022, 024, 026, 044, 045, 048 and 049. The development may occur in three phases, substantially as shown on the project development plans as follows: Phase 1 shall include the construction of a new 15,800 +/- square foot building at the southwest comer of the intersection of Railroad Avenue and Love Lane, the remodel of the existing "Trader Joe's" building; the implementation of a new Master Sign Program for the new building, the "Trader Joe's" building and the existing "Post Office/Danville Lumber" building; the re-design and re-construction of the parking lot; and landscape improvements for the entire shopping center. Except as may be modified by the conditions of approval contained herein, development of Phase 1 shall be substantially as shown on the project plans labeled "Danville Square," as prepared by William Wood Architects, dated received by the Planning Division on March 16, 2000 (Sheets 2, 6 (partial), 7 (partial), 11, 13, and E-1 relate to Phase 1 development); Phase 2A shall include the construction of a new 16,800 +/- square foot building to replace the existing "Post Office/Danville Lumber Building." Except as may be modified by the conditions of approval contained herein, development of Phase 2A shall be substantially as shown on the project plans labeled "Danville Square," as prepared by William Wood Architects, PAGE 5 OF RESOLUTION NO. 2000-12 dated received by the Planning Division on March 16, 2000 (Sheets 3, 6 (partial), 7(partial), andl3 relate to Phase 2A development); Phase 2B, if implemented, shall include the construction of a new 9,450 +/- square foot building near the northwest corner of the site, linking the proposed new building at the southwest comer of the intersection of Railroad Avenue and Love Lane and the new "Post Office/Danville Lumber" Building." Except as may be modified by the conditions of approval contained herein, development of Phase 2A shall be substantially as shown on the project plans labeled "Danville Square," as prepared by William Wood Architects, dated received by the Planning Division on March 16, 2000 (Sheets 4, 5, 6(partial), 7(pafftal), and 13 relate to Phase 2B development); "Danville Square Master Sign Program," as prepared by John Howenstine Incorporated, consisting of 11 sheets, dated March 7, 2000. "Danville Square - Tree Inventory," as prepared by Plant Health Diagnostics, dated January 15, 2000, and the tree survey plan labeled "Danville Square Survey Plan Showing Tree Locations." In addition, the letter dated March 22, 2000, from Plant Health Diagnostics, regarding the Oak tree in front of Danville Lumber. This entitlement includes the approval of a numerical parking variance allowing a maximum five parking space reduction of required parking during the Phase 1 portion of development, with said reduction allowed only during evening hours only (i.e., after 5:00 p.m.). The parking space demand shall not exceed the parking supply during daytime hours (i.e., before 5:00 p.m.). In order to eliminate the need for approval of a numerical parking variance during daytime hours and to achieve a maximum five parking space deficit during the evening hours, the parking lot shall incorporate modifications as generally detailed on Exhibit J of the Planning Commission staff report for this project dated March 28, 2000, subject to review and approval by the Planning Division. In combination with these parking lot modifications, the total number of seats allowed for the existing restaurant use shall be restricted during daytime hours to reduce the parking demand so as not to exceed the approved five parking space deficit. Altematively, or in conjunction with some portion of the above described modifications, the avoidance of a daytime numerical parking variance and limiting the evening hours variance to a maximum of five spaces may be achieved by controlling the mix of uses established in the center for Phase 1 development (i.e., utilization of tenants PAGE 6 OF RESOLUTION NO. 2000-12 with a. parking standard less than required for retail uses). No parking variance is necessary as a result of Phase 2A or 2B of the development. A variance is also approved allowing for the provision of tandem parking stalls (a maximum of 11 pairings of tandem parking spaces is authorized) in the rear of the building after the Phase 2B portion of development, serving as employee parking, to count toward the required provision of parking. , Development of this project shall be subject to compliance with all of the provisions which are outlined within the Owner Participation/Disposition and Development Agreement by, and among, the Community Development Agency of the Town of Danville and the Edward S. Ageno 1992 Trust, dated July 20, 1999. The applicant shall pay 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 in conjunction with the approved phased development plan. The following fees are based on the approved net additional square footage for the shopping center (approximately 25,230 square feet) and are reflective of the fee schedule in place as of the time of the project' s approval. Notice should be taken specifically of the Town's Transportation Improvement Program fee (CTIP) ($101,000.00), Child Care Facilities fee ($6,380.00), Contra Costa County Flood Control & Water Conservation District fee (Drainage Area 10)) ($8,074.00), Excavation Mitigation fee ($2,523.00), SCC Regional fee ($20,436.00), Tri-Valley Transportation fee ($25,735.00), and Iron Horse Trail fee ($6,560.00) (subject to reduction based on credit for documented cost of improvements which are to be made along the trail frontage as part of the proposed project). 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 $343.50 (229 notices X $0.75 per notiee X two notices). 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 26, 1999. 7. The applicant shall submit to the Town of Danville fees required to file a Notice PAGE 7 OF RESOLUTION NO. 2000-12 of Determination for this project as required by AB 3185. The fee shall be $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional areheologist, 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. 10. 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. 11. 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. 12. 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-(~te 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. 13. All physical improvements shall be in place prior to occupancy of any structure built in each approved phase of the project. If occupancy within individual phases PAGE 8 OF RESOLUTION NO. 2000-12 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 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 part of the building permit review process, the applicant shall submit a written Compliance Report detailing how compliance with the project conditions of approval will be achieved~ 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. * 15. Planning Division sign-off is required prior to the completion of a final building inspection. B. SITE PLANNING All lighting shall be installed in such a manner that lighting does not create excessive glare on surrounding properties and rights-of-way. Parking lot and street lighting, as shown on the conceptual lighting plan referenced under Condition of Approval A. 1. above, are specifically not approved as part of this project. Parking lot lighting shall be at the minimum lighting intensity necessary to provide adequate lighting for safety and security purposes. In addition, light fixtures for the parking lot lights shall be modified to screen the view of the light bulb, and direct lighting downward. Prior to issuance if building permits for Phase 1 of the development, the applicant shall submit a photometric plan, and a revised lighting plan (if necessary as a result of the change in light fixtures) and light pole and fixture details, for review and approval by the Planning Division and Design Review Board. Light fixtures for the rear parking lot area, as shown on the project plans, are not authorized as part of this approval. Lighting in the rear parking lot area shall include individual maximum 12 foot high light poles, mounted on a three-foot concrete base with fixtures which direct light downward and minimize lighting that extends to off-site properties. The final design and locations of the light poles PAGE 9 OF RESOLUTION NO. 2000-12 shall be subject to review and approval by the Planning Division and Design Review Board prior to issuance of Building Permits for Phase 1 of the development. Lighting in the rear shall be the lowest level necessary to provide safety and security. The Town reserves the right to require field modifications if found necessary to prevent off-site light intrusion. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. The crosswalk in the northwest corner of the shopping center' s interior parking lot shall be raised to slow traffic in this area. The final design of this crosswalk shall be subject to review and approval by the Town prior to installation. The applicant shall be responsible for the installation of at least two minimum five bicycle capacity bike racks within the shopping center. The location shall be determined by the Planning Division prior to issuance of building permits for Phase 1 development. In conjunction with Phase 2A development, the applicant shall replace the existing fence along the site's Iron Horse Trail frontage with a new wrought iron fence~ Unless otherwise authorized by the Town, the design of the wrought iron fence shall match the fencing installed along the trail in conjunction with the Iron Horse Plaza shopping center development, including the use of decorative support columns. A gate through the wrought iron fence shall be included to provide access to the Iron Horse Trail. The gate shall be appropriately designed, appropriate walkway connections shall be made to the Iron Horse Trail, and the gate and access shall be appropriately signed, to facilitate access from the Iron Horse Trail to the shopping center. Final design is subject to review and approval by the Planning Division prior to issuance of building permits. The post office mail box drop-off location shall be in the southeast portion of the site, as shown on the project plans. The proposed location for the post office mail box drop-off near the northwest interior corner of the site is specifically not PAGE 10 OF RESOLUTION NO. 2000-12 approved. The final design of the mall box drop-off shall be subject to review and approval by the Planning Division and Transportation Department prior to the issuance of building permits for Phase 1 of the development. 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 and Design Review Board and Planning Commission. 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. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Tree preservation, removal shall be as detailed in the Danville Square - Tree Survey, dated January 15, 2000, as prepared by Plan Health Diagnostics, summarized as follows: Trees along the Iron Horse Trail (Trees 154-172) shall be preserved. These trees shall be pruned prior to construction to provide clearance from utility lines and the fence. In addition, if the asphalt along the fence is to be removed, an arborist shall be present during demolition to observe roots that are excavated and to provide advise on any necessary pruning (Note: the applicant shall make all attempts to work with Contra Costa County and/or the East Bay Regional Park District to complete work on trees in this area which may be on the Iron Horse Trail property. PAGE 11 OF RESOLUTION NO. 2000-12 b, Trees on the Northwest Prol~ert-/Line (Trees 146-153) shall be preserved. Final construction protection guidelines shall be developed to insure the preservation of these trees prior to issuance of building permits. Walnut Trees. All of the Walnut Trees on the site are authorized for removal. Vacant Lot Oak Trees. Oak tree ~13 1 shall be preserved. Prior to issuance of building permits, this tree shall be pruned as per the recommendations of the arborist. Oak tree ~135 may be removed. Prior to the issuance of a building permit or grading permit for Phase 1 development, the applicant shall retain a qualified arborist and shall survey and assess the feasibility of transplanting Oak tree #133 and ~134 as shown on the project tree survey, subject to review by the Town. If found to be feasible for transplant, these trees shall be dug up, boxed, and transplanted within the project site, subject to review and approval by the Town. If feasible for transplantation, one of these trees shall be transplanted in the vicinity of Oak tree ~145, which will be removed, and one tree shall be planted at the comer of Linda Mesa and Railroad Avenue. The project arborist shall specify, and the applicant shall be required to implement, a transplantation method or procedure which will be implemented to maximize the survival rate of the trees to be transplanted. Valley Oak trees on Love Lane. Trees #140, #141, #142, and #144 shall be retained. Measure to improve the condition of the root zones of these trees shall be incorporated as recommended in the tree survey. Oak tree # 143 is in poor condition and is authorized for removal. Valley Oaks # 139 and 145. These Oak trees are4 in poor shape and may be removed. Valley Oak tree on Railroad Avenue. Tree # 130 shall be preserved. Improvements to root zone, as recommended in the tree report for the project, shall be implemented in conjunction with Phase 1 development. A total of Three Town-protected Oak trees (oak species trees greater than 10 inches in diameter measured three Jbet from the ground), are authorized for removal, as detailed in Condition of Approval C. 6. above. Two additional Town- protected trees are authorized for removal if Oak tree #133 and ~134 are not PAGE 12 OF RESOLUTION NO. 2000-12 found to be feasible for transplantation. The applicant shah be required to replace the removed Town protected trees on-site at a 3:1 ratio with minimum 15 gallon container size Valley Oak trees (up to 15 total trees). These trees shah be in addition to the trees approved to be planted as part of the approved landscape plan for the project. All trees shah installed prior to occupancy of Phase 1 of the development. 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 protected trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after Phase 1 project completion. In conjunction with Phase 1 development, the applicant shall raplace the existing wood fence between the Trader Joe's Building and the Post Office Building with a new substantial solid wood fence (designed to be complimentary to the shopping center). Final design of the fence shall be subject to review and approval by the Design Review Board. 10. On-site parking lot trees shall be a species that provides a considerable amount of shade are appropriately suited for local soil conditions and will have fast, balanced growth. The tree species utilized shall be subject to review and approval by the Town. 11. The applicant shall be required to install street trees along the project' s Railroad Avenue frontage, as specific within the Town's Downtown Beautification Plan. This shall include the planting of minimum 15 gallon container size Scarlet Oak trees planted 25 feet on center. The applicant shall coordinate with the Town's landscape architect to enhance the appearance of the existing, preserved oak trees. Final design and location shall be subject to review and approval by the Town prior to issuance of building permits for Phase 1 development. D. ARCHITECTURE * 1. 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. Construction of four trash enclosures is required as part of this development. Two enclosures shall be constructed as part of Phase 1 (the enclosure on the south side PAGE 13 OF RESOLUTION NO. 2000-12 of the Trader Joe's building and the enclosure near the southwest wall of the proposed new building on the corner of Railroad Avenue and Love Lane). The garbage enclosure near the southwest wall of the proposed new building on the comer of Railroad Avenue and Love Lane will be removed in conjunction with the Phase 2B development. The two garbage enclosures in the rear of the Post Office building shall be constructed as part of Phase 2A and 2B. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture, as shown on the project plans referenced above. Enclosure design shall include six foot high masonnj 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 loeated. The trash and recycling area(s) shall be covered and benned so as not to allow storm water ran-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. 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. Minor architectural modifications, as determined by the Planning Division, including the possible redesign of the northwest interior comer of the shopping center, is subject to review and approval by the Design Review Board. Colors and materials for the new/remodeled buildings shall be substantially as shown on the eolored renderings and color and material boards displayed at the public hearing for the project and on-file with the Planning Division. The Master Sign Program for the shopping center shall be modified to eliminate the internal illumination for the signage for anchor tenants (i.e., sign types A and A1). Alternative illumination for these signs shall be subject to review and approval by the Design Review Board prior to issuance of building permits for Phase 1 of the development. All other signage for the shopping center shall be consistent with the Master Sign Program approved for the center, as referenced above. PAGE 14 OF RESOLUTION NO. 2000-12 A maximum of four tenants in the shopping center shall be designated as Major Tenants having the right to utilize Type A or AI signs. All other tenants must utilize non major tenant signage as outlined in the approved Master Sign Program for the shopping center. Without prior authorization by the Planning Division, no windows in the shopping center shall be utilized for permanent window signage or partitions that block visibility to the interior of the tenant spaces. No store fixtures or displays shall be placed in front of windows that blocks visibility to the interior of the store. At the discretion of the Planning Division, staff may refer such requests to the Planning Commission for consideration and action. 10. No window tinting is permitted in any storefront windows or doors without prior authorization from the Planning Division. 11. All temporary signage utilized by the tenants in this center shall conform to the standards for temporary business signage in the Town's Sign Ordinance. 12. Unless otherwise authorized by the Planning Commission, following their consideration of this matter at a separate, subsequent public hearing, the site plan and architectural plans shall be modified to incorporate use of a second breezeway providing access between the front parking lot and the rear parking lot, to be located near the northwest comer of the "Post Office/Danville Lumber" building. The exact design and need for this breezeway shall be subject to review and approval by the Planning Commission prior to issuance of building permits for Phase 2A of the development. 13. The breezeways within the project, providing access between the front parking lot and the rear parking lot, shall include adequate wall or ceiling mounted lighting to enhance safety and to create an inviting atmosphere for the use of these breezeways. E. PARKING Parking spaces established shall be provided with wheel stops. All other spaces shall be fronted by concrete curbs, and shall be located to provide sufficient area beyond the ends of the parking spaces to accommodate the overhang of automobiles. PAGE 15 OF RESOLUTION NO. 2000-12 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. Except for existing tenants with active leases within the shopping center, all new tenants, and all renewals of leases, during the Phase 1 configuration of the shopping center shall be limited to retail uses only. This restriction may be waived by the Planning Division if the mix of allowable tenant uses for the entire shopping center does not exceed the parking spaces provided on-site. Upon the expiration of the leases for the existing restaurant and beauty salon within the shopping center (expiring on May 31, 2000), the new leases for those two tenant spaces shall limit the beauty salon to four stations and shall limit the restaurant to a maximum of sixty-nine seats (80 seats are currently authorized). Upon the completion of Phase 2A and 2B, the mix of allowable tenant uses for the entire shopping center shall be limited so as not to exceed the parking spaces provided on-site (i.e., 207 parking spaces in Phase 2A and 237 parking spaces in Phase 2B). This will result in the allowance of primarily retail uses within the shopping center. Any proposed land use which would result in a parking demand which is greater than the parking provided will require approval of a parking variance which shall be subject to review and approval by the Planning Commission. The westerly double-row of north/south parking spaces, in the main parking lot area in front of the "Post Office/Danville Lumber Building," shall be modified such that the majority of the spaces are standard nine foot wide spaces. It is recognized that such a change may result in the loss of two to four parking spaces in this area. These final design changes shall be subject to review and approval by the Planning Division prior to the issuance of building permits for Phase 1 of the development. The easterly row of parking spaces in the rear of the "Post Office/Danville Lumber Building," adjacent to the building, shall be modified to all be eight feet wide and shall be utilized as employee parking. The design changes necessary to accommodate this requirement is subject to review and approval by the Planning Division prior to issuance of building permits for Phase 1 of the development. PAGE 16 OF RESOLUTION NO. 2000-12 F, 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 vdth 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 modem design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. PAGE 17 OF RESOLUTION NO. 2000-12 G, 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. 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the ECP and project improvement plans. These documents shall also be kept on-site while the project is under construction. 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. 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 Department 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. PAGE 18 OF RESOLUTION NO. 2000-12 10. 11. 12. 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 Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Handicapped ramps shall be provided and located as required by the City Engineer. Prior to the occupancy of Phase 2A of the development, a new traffic signal on Railroad Avenue will be required. The exact location and design of the traffic signal will be as determined based on a supplemental traffic study, which shah be completed prior to initiation of Phase 2 of the development. The fi4nding source for the traffic signal shah be determined by the Town prior initiation of Phase 2A of the development. Left turn out movements will not be allowed from the project's northerly Railroad Avenue driveway. This driveway shall be designed and constructed in a manner to physically preclude illegal left turns out from the parking lot. The owner shah be required to construct frontage improvements along the Linda Mesa frontage of the site, including concrete curb. gutter, and sidewalk. The owner shah be required to dedicate street frontage to the Town as may be necessary to provide for these frontage improvements. On-site driveways shall be designed to accommodate adequate vehicle storage, as determined to be necessary by the Town. Prior to occupancy of Phase 1 of the development, the owner shall be required to install appropriate signage to implement a two-hour parking limit on both sides of Railroad Avenue between Love Lane and Linda Mesa. The owner shall install signage in the rear of the shopping center, or a portion of the rear of the shopping center as found appropriate by the Town, to designate PAGE 19 OF RESOLUTION NO. 2000-12 this area as an "Employee Only" parking area. 13. Prior to occupancy of Phase 1 of the development, the owner shah develop a parking managementprogram for the shopping center. The plan shah establish how employee parking needs will be handled, shall establish an efficient delivery strategy, and shah create a system for implementation and management of the plan. The plan shall be subject to review and approval by the Town a minimum of thirty days prior to the initial tenant occupancies in the new structure constructed as part of Phase i development 14. Upon the completion of Phase 2B, the rear parking lot (behind the Post Office Building) shall be limited to right out turning movements only. The applicant shall install appropriate signage and the driveway shall be designed and constructed in a manner to physically preclude illegal left turns out from the parking lot and turns into the parking lot, to the extent possible. 15. The owner shall be responsible for completion/reconstruction of the existing handicap ramp at the corner of Railroad Avenue and Love Lane, as determined necessary by the City Engineer. 16. The applicant will be responsible for making any necessary modifications to the existing underground vault near the comer of Railroad Avenue and Linda Mesa in order to accommodate the construction of the required new sidewalk along Linda Mesa, to the satisfaction of the City Engineer. H. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. * 3. 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. * 4. All ranoff from impervious surfaces shall be intercepted at the project boundary PAGE 20 OF RESOLUTION NO. 2000-12 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 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 fumish 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. 14. The applicant shall be responsible for the installation of new street lights along the projeet's Linda Mesa and Love Lane frontage, as found necessary by the City Engineer. 15. The applicant shall be responsible for the under grounding of the two existing overhead power poles along Linda Mesa. This requirement may be deferred, subject to approval of a deferred improvement agreement, until such time that a larger power pole under grounding project is initiated in the area. PAGE 21 OF RESOLUTION NO. 2000-12 MISCELLANEOUS The project shall be constructed as approve& 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 borne by the applicant. Pursuant to Govemment Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval conceming this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. 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, PAGE 22 OF RESOLUTION NO. 2000-12 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. Prior to commencement of any site, the applicanl/owner shall submit evidence to the Town that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be the copy of the Notice of Intent (NOI) sent to the State Water Resources Control Board. Additionally, the applicant/owner shall submit evidence that the requirements for obtaining the U.S. army Corps of engineers 404 Permit, the State Water Resources Control Board's 401 Certification, and the California Department of Fish and game's Streambank Alteration Agreement have been or will be met. Such evidence may be a copy of the permit(s)/agreement and/or a letter from the applicant/owner stating the above permit(s) are not required for the subject project~ No outdoor storage or display of merchandise is permitted within the shopping center without prior review and approval through a Land Use Permit application. All exhaust systems for restaurants, coffee houses and all other food uses established within the shopping center (beyond those existing at the time of the project approval) shall be fitted with air cleaning systems to reduce smoke and odors to an efficiency level of 95-99% by paff~cle count. APPROVED by the Danville Planning Commission at a regular meeting on March 28, 2000, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Chairman PAGE 23 OF RESOLUTION NO. 2000-12