Loading...
HomeMy WebLinkAbout2003-23RESOLUTION NO. 2003-23 ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2002-29 ALLOWING THE CONSTRUCTION OF A 10,458 +/- SQUARE FOOT ADDITION TO THE EXISTING COSTCO BUILDING AND MODIFICATIONS TO THE SITE'S PARKING AND CIRCULATION (APN: 218-090- 021 -- COSTCO WHOLESALE) WHEREAS, Costco Wholesale has requested approval of a Development Plan request DP 2002-29 to allow the construction of a 10,458 +/- square foot addition to the existing Costco store and modification to the site's parking and circulation on a 9.98 +/- acre site; and WHEREAS, the subject site is located at 3150 Fostoria Way and is further identified as Assessor's Parcel Number 218-090-021; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan prior to development of the site and requires approval of a subsequent Development Plan prior to the allowance of a modification to a previously approved Final Development Plan; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 14, 2003; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared indicating that, as modified through project revisions or 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 2002-29 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 2010 General Plan. The Development Plan will not create a nuisance and/or enforcement problem within the neighborhood or community. 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. A. GENERAL This approval is for a Development Plan request to allow the construction of a 10,458 +/- square foot addition to the north side of the existing Costco building at 3150 Fostoria Way. Parking and circulation modifications are also proposed for the site. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 2 OF RESOLUTION NO. 2003-23 Site Photo Plan, Existing Site Plan, Concept Site Plan, Demolition Plan, Floor Plan, Elevations, and Roof Plan labeled "Costco, Danville, CA #21," as prepared by Mulvanny Architecture, dated received by the Planning Division on September 18, 2003. Topographic Surveys labeled "Partial Topographic Survey," as prepared by Kier & Wright Civil Engineers & Surveyors, Inc., consisting of two sheets, dated received by the Planning Division on September 18, 2003. Grading and Drainage Plans labeled "Preliminary Grading and Drainage Plan," as prepared by Kier & Wright Civil Engineers & Surveyors, Inc., consisting of two sheets, dated received by the Planning Division on September 18, 2003. Concept Landscape Plan and Concept Irrigation Plan as prepared by Weisman Design Group, Landscape Architecture, consisting of two sheets, dated received by the Planning Division on September 18, 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 permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (TIP) fee ($47,025.00), Child Care Facilities fee ($2,612.00), SCC Regional fee ($9,614.00), Tri-Valley Transportation fee ($11,913.00), Excavation Mitigation fee ($1,045.00), and Plan Checking and Inspection fees. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $948.00 (316 notices X $0.75 per notice X 4 notifications). 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 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 PAGE 3 OF RESOLUTION NO. 2003-23 10. 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 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 8:00 a.m. to 6:00 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 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 PAGE 4 OF RESOLUTION NO. 2003-23 11. 1Z 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 building permit review process, 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 may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 13. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. 14. Except as may be modified by these conditions, all conditions of approval established under the Final Development Plan for Lot 64 of SD 6806, approved by the Danville Town Council on May 16,1988 shall continue to be applicable to the development and operation of this store. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. The pedestrian walkway extending to the east from the store entry shall be delineated with appropriate paint or special paving, subject to review and approval by the Planning Division. The pavement finish shall be relatively smooth to accommodate shopping carts. PAGE $ OF RESOLUTION NO. 2003-23 The project site plan/circulation plan shall be modified to be substantially as shown on the site plan modification plan, as prepared by Kittelson & Associates, Inc., dated relieved by the Planning Division on October 13, 2003, as presented at the public hearing for this item and on file with the Planning Division. The existing pedestrian crosswalk near the store entry, which crosses the drive aisle to the south, shall be modified to be coordinated with the parking lot design, as found appropriate by the Town's Transportation Department. LANDSCAPING Final landscape and irrigation plans for the landscape areas that will be modified or added as a result of this project (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. 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. Alt 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. This permit authorizes the removal of Sycamore trees located within the parking lot substantially as shown on the project plans. Trees to be removed shall be replaced within the new landscape location as shown on the project plans. Prior to the issuance of building permits for the project, the applicant shall submit a final landscape plan for review and approval by the Town's Design Review Board. The landscape plan shall include additional varieties of specimen trees (other than Sycamore trees) within the parking lot to provide more of a variation in tree species in the parking lot. PAGE 6 OF RESOLUTION NO. 2003-23 Prior to the issuance of building permits for the project, the applicant shall submit a lighting plan for the rear (north) portion of the building for review and approval by the Town's Design Review Board. The plan shall include minimal low, down directed lighting, to minimize any impacts on the residential neighborhood to the north. 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. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. GRADING 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 PAGE 7 OF RESOLUTION NO. 2003-23 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). 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, PAGE 8 OF RESOLUTION NO. 2003-23 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. 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 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 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. This development shall be responsible for the payment of 50 percent of traffic signalization costs for the planned Fostoria Way/Camino Ramon intersection. This cost payment shall be made to the Town of Danville upon request at the time that this traffic signal is determined to be constructed. PAGE 9 OF RESOLUTION NO. 2003-23 INFRASTRUCTURE Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. 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. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, peri-nits 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. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Plarming Commission approval through the Development Plan review process. 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 PAGE 10 OF RESOLUTION NO. 2003-23 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 mal'Lner. * 3. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. APPROVED by the Danville Planning Commission at a regular meeting on October 14, 2003, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Chairman City Attorney PAGE 11 OF RESOLUTION NO. 2003-23