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HomeMy WebLinkAbout2003-02RESOLUTION NO. 2003-02 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE APPROVING DEVELOPMENT PLAN REQUEST DP- 2001-40 ALLOWING THE CONVERSION OF AN EXISTNG AUTO REPAIR GARAGE INTO A CONVIENCE STORE, LAND USE PERMIT REQUEST LUP 2003-03 ALLOWING THE ADDITION OF AN AUTOMATED DRIVE-THRU CAR WASH TO THE REAR OF THE BUILDING, AND VARIANCE REQUEST VAR 2003-05 ALLOWING THE CARWASH TO ENCROACH 15 FEET INTO THE REQUIRED 20 FOOT REAR YARD SETBACK. (APN: 216-070-004 - VALERO) WHEREAS, Shahnam Zormorrodi (Owner) ACRC (Applicant) have requested approval of a Development Plan request (DP 2001-40), Land Use Permit request (LUP 2003-03) and Variance request VAR 2003-05 to allow the conversion of an existing auto repair garage into a convenience store and the addition of a 1,200 +/- square foot automated drive-thru car wash to the rear of the building. The Variance request would allow the proposed carwash to encroach 15 feet into the required 20 foot rearyard setback, resulting in a five foot rearyard setback. The entire exterior of the existing building would be improved architecturally; and WHEREAS, the subject 26,000 +/- square foot site is located at 736 San Ramon Valley Boulevard and is further identified as Assessor's Parcel Number 216-070-004; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to the construction of new commercial space or the major modification of an existing commercial building and requires the approval of a Land Use Permit prior to the allowance of a drive-thru car wash; and WHEREAS, the Plam~ing Commission did review the project at a noticed public hearing on January 28, 2003 and did continue the item to a subsequent meeting and requested additional information regarding noise and circulation be provided; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 11, 2003; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant adverse environmental impacts are expected to be associated with the 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 200140 and Land Use Permit request LUP 2003-03 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS Development Plan The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. The proposed development is consistent with the General Plan and the Downtown Master Plan. The 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. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Land Use Permit The p~oposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. PAGE 2 OF RESOLUTION NO. 2003-02 The land use will not create a nuisance andNor enforcement problem within the neighborhood or community. The land use 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. Unless otherwise specified, the following condifions 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 This approval is for a Development Plan request (DP 2001-40) and Land Use Permit request (LUP 2003-03). to allow the conversion of an existing auto repair garage into a convenience store and Land Use Permit request to allow the addifion of an automated drive-thru car wash to the rear of the building. The entire exterior of the existing building would be improved architecturally. Development shall be substanfially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Project site plan, elevations, landscape plan, and details labeled "Danville Valero Fuel Station," consisting of six sheets, as prepared by Craig and Grant Architects, dated received by the Planning Division on February 20, 2003. 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 permifs are secured, and shall be paid prior to issuance of building permits for the project. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) Fee ($8,208.00), SCC Regional Fee ($1,678.08), Tri-Valley Transportation Flood Control & Water Conservation District Fees ($2,079.36), and Plan Checking and Inspection Fees. 3. Prior to the issuance of a building permit, the applicant shall reimburse PAGE 3 OF RESOLUTION NO. 2003-02 the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $40.50 (27 notices X $0.75 per notice X 2 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 applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00 (project has been found to be "de Minimus,' indicating that there is no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends). This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of project approval. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shah not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted .to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. PAGE 4 OF RESOLUTION NO. 2003-02 10. 11. 12. 13. 14. 15. 16. 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 workdays. Dust-producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of any structure in the project As part of the initial submittal for the final map, 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 have 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 applicant must sign the report. 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. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. The automotive water and air service at this service station shall be repaired and maintained to be in good working condition. No storage of vehicles shall be allowed on this site. After completion of the car wash and prior to the finalization of the building permits, the applicant shall be required to retain an acoustical engineer to conduct a noise measurement during the operation of the dry cycle for the car wash to document the actual off-site noise level. If off-site noise levels are found to be substantially higher than the projected noise levels (as determined by the Planning Division), then the applicant shall be required to implement mitigation measures to reduce the noise level to PAGE 5 OF RESOLUTION NO. 2003-02 an acceptable level. Mitigation measures may include the construction of a soundwall along the east property line or the installation of a noise reduction package for the carwash. The design of the soundwall and/or installation of a noise reduction package shall be as recommended by a professional acoustical engineer, subject to approval by the Town and shall be installed within six weeks of the determination by the Town that mitigation is necessary. .17. The operator shall maintain access to the public restrooms in this facility during construction to the extent feasible. 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 maximum height of all exterior light poles shall be 12 feet and designed as detailed on the project plan (Sheet 4.A.). Exterior lighting levels shall be at the minimum level necessary to provide adequate lighting. A photometric plan shall be completed and submitted to the Town prior to the issuance of building permits to help evaluate the lighting level. The location of any pad mounted electrical transformers shall be subject to review and approval by the Plam~ing 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. The note regarding the installation of a 5 foot high precast concrete wall along the east property line shall be removed from the plans. 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. PAGE 6 OF RESOLUTION NO. 2003-02 Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. Ail 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 Plmming Division. Scarlet Oak trees shall be planted along the site's east property line to provide screen between the two parcels. Final location and the exact number shall be subject to review and approval by the Town and Design Review Board. The applicant shall be required to install a fence around the side and rear perimeter of the site. The final design of the fence shall be subject to review and approval by the Town's Design Review Board. 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 walls 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 are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. PAGE 7 OF RESOLUTION NO. 2003-02 4 10. 11. 12. The street numbers for the building shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 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. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. New bricks to be used for the development shall match the existing bricks on the building after the building has been sandblasted to remove the paint. The approved brick sample is on-file with the Planning Division. The elevations of the proposed car wash shall be modified to address the grade changes on the site. Final elevations shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. The architectural elevations shall be modified to include a minimum 24" roof overhang on all elevations, subject to review and approval by the Design Review Board prior to issuance of building permits for the project. Where the new building connects to the existing building, the new bricks shall be keyed into the existing bricks so that the buildings appear to be constructed at one time. Where new brick is used as infill on the existing building, the brick shall be installed prior to sandblasting so that the new bricks can be sandblasted along with the old bricks to maximize the match of the old bricks with the new bricks. Windows in the building shall include simulated divided light with grids on the outside of the windows. The proposed building identification sign on the west elevation shall be sandblasted wood with external spot-light illumination. The final design shall be subject to review and approval by the Town and Design Review Board prior to issuance of building permits for the project. PAGE 8 OF RESOLUTION NO. 2003-02 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. * 2. 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. F. GRADING * 1. 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 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 shah include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 9 OF RESOLUTION NO. 2003-02 10. 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). 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 contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan 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. PAGE 10 OF RESOLUTION NO. 2003-02 G. STREETS * 1. * 2. * 3. * 4. * 5. * 6. * 7. 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 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 XXX! 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. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. The Town shall periodically review the traffic situation related to circulation to and from this site and, if found necessary, shall work with the property owner to implement circulation changes which may be found to be necessary.' In addition, the Town may install warning signage on San Ramon Valley Boulevard if found to be appropriate. Any proposed PAGE 11 OF RESOLUTION NO. 2003-02 future on-site circulation changes shall be subject to review and approval by the Planning Commission prior to installation. The applicant shall be required to repair the existing sidewalk/driveway aprons along the San Ramon Valley Boulevard frontage to the satisfaction of the City Engineer. INFRASTRUCTURE. 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 District. 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. 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. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems 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 furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the PAGE 12 OF RESOLUTION NO. 2003-02 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 applicant shall be required to install a storm water filtration devise within existing storm water catch basins on the site. 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 Plam~ing 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. 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 PAGE 13 OF RESOLUTION NO. 2003-02 * 4. 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, 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. APPROVED by the Danville Planning Commission at a regular meeting on March 11, 2003, by the following vote: Osborn, Store~r, Combs NOES:AYES: C ondie, Graham, Legg, Moran, ~~~ AB STAINED: ABSENT: Jameson /Chairman APPROVED AS TO FORM: City Attorney PAGE 14 OF RESOLUTION NO. 2003-02