HomeMy WebLinkAbout2005-05RESOLUTION NO. 2005-05
RECOMMEND THAT THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE GENERAL
PLAN AMENDMENT REQUEST GPA 2004-01, PRELIMINARY DEVELOPMENT
PLAN/REZONING REQUEST PUD 2004-05, FINAL DEVELOPMENT PLAN REQUEST
DP 2004-17 AND MINOR SUBDIVISION REQEST MS 853-2004 ALLOWING
REDEVELOPMENT OF THE 9.8+/- ACRE NAVLET'S GARDEN CENTER SITE INTO
A MIXED USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT
(APN: 207-021-010; -011; & -021 - ROSE GARDEN SHOPPING CENTER)
WHEREAS, BLAKE HUNT VENTURES and CASTLE COMPANY (Developers) and
NAVLET'S GARDEN CENTERS, INC. (Owner) have requested approval of General
Plan Amendment Study request GPA 2004-01, Preliminary Development Plan -
Rezoning request PUD 2004-05, Final Development Plan request DP 2004-17 and Minor
Subdivision request MS 853-2004 to authorize the redevelopment of the partially
developed 9.8+/- acre Navlet's Garden Center site with a mixed use commercial and
residential development (the Rose Garden Shopping Center); and
WHEREAS, the subject site is located at southeast corner of the intersection of
Sycamore Valley Road and Camino Ramon and is further identified as Assessor's Parcel
Number 207-021-010; -011; & -021; and
WHEREAS, the proposed mixed use project requires the appr°Val-of a general plan
amendment to allow residential development on a portion of the project site and to
allow a wider range of commercial uses for the commercial portion of the project (i.e., to
expand the range of commercial uses to a wider range of uses than is currently
provided for under the restrictions provided through the property's current land u~e
designation); and
WHEREAS, the Town of Danville PUD: Planned Unit Development District Ordinance
requires approval of a Preliminary Development Plan - Rezoning request and a Final
Development Plan request prior to the construction of a new mixed use commercial and
residential development; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision application prior to recordation of a parcel map; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on January 25, 2004; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has'been
prepared for this project indicating that, as modified through project revisions and/or
recommended conditions .of approval, no significant adverse environmental impacts are
expected to be associated with the development of the property; 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
recommend Town Council approval of the project; 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 finds that approval
of the proposed General Plan Amendment, and the resultant development proposed
through the above-cited development entitlement applications, will not violate the
Town's growth management performance standards, as set in the Danville 2010 General
Plan; and, be it further
RESOLVED that the Planning Commission recommends that the Town COuncil adopt
a Mitigated Negative Declaration of Environmental Significance and approve General
Plan Amendment Study request GPA 2004-01, Preliminary Development Plan -
Rezoning request PUD 2004-05, Final Development Plan request DP 2004-17 and Minor
Subdivision request MS 853-2004, authorizing the redevelopment Navlet's Garden
Center site with a mixed use commercial and residential development and makes the
following findings in support of this action:
FINDINGS OF APPROVAL
General Plan Amendment request:
The General Plan Amendment is consistent with the Goals and Policies of the
2010 General Plan, specifically Policies: 1.02 (scale, appearance and character of
development); 1.04 (provide higher density residential development near
shopping centers and bus routes); 1.06 (cumulative effects of development on
community facilities' and services); 1.08 (protect existing residential development
from incompatible uses and traffic impacts); 1.09 (promote land use compatibility
through design measures); 1.13 (prohibit gated residential communities); 2.01
(achieve high standard of residential design); 2.07 (improve appearance of the
community by encouraging aesthetically designed buildings, screening,
adequate setbacks and landscaping); 3.01 (provide adequate pedestrian, bicycle
and parking facilities); 3.03 (encourage office use as above ground-level retail use
PAGE 2 OF RESOLUTION NO. 2005-05
to promote healthy retail environment); 3.08 (encourage the reuse of vacant and
underutilized commercial buildings for more economically productive purposes,
including new businesses, housing, and mixed use development); 4.02 (promote
affordable housing); 5.06 (growth management policy relating to local and
regional transportation system); 5.07 (growth management policy relating to
parks, fire, police, sanitary sewer, water and flood control services); 9.02
(parkland acreag.e-per-resident performance standard); 10.03 (provide access
links to trail systems); 10.06 (preserve and enhance Iron Horse Trail usage); 10.08
(work with EBRPD in developing access to District facilities); 11.01 (ensure new
development pays fair share of the cost of civic and community facilities); 11.06
(ensure new development contributes its fair share towards development of
school facilities); 12.01 (maintain roadways and traffic controls in safe and
effective operating conditions); 13.03 (assure provision of adequate bicycle
support facilities at all major bicycle usage locations); 14.02 (improve major
collectors and arterials to 'a high level of service, balancing the needs motorists,
pedestrians and bicyclists); 15.03 (promote bicycle and pedestrian oriented mixed
use development in appropriate locations); 15.05 (require design measures to
accommodate access by pedestrians, bicycles and transit); 17.07 (protect surface
water from pollution); 18.09 (encourage recycling); 19.05 (pursue "best
management practices" for controlling stormwater runoff impacts); 20.06 (ensure
appropriate structural and engineering standards are implemented); 21.04 (fire
services response time performance standard); 23.01 (residential development to
meet noise level guidelines); 23.05 (use of spatial separators between noise
sources and sensitive noise uses); 24.05 (promote development patterns that
reduce the need to travel by car); and 26.01 (police services response time
performance standard).
The General Plan Amendment will not adversely effect the preservation of
present aesthetics and other community qualities.
o
The General Plan Amendment will not adversely affect the Town's ability to
maintain high-quality public facilities and services.
The General Plan Amendment will not adversely affect the quality of life within
existing developed areas of the community because the community around the
project is developed with compatible uses.
The General Plan Amendment will not adversely affect the harmony between
Danville's development and it's physical setting.
PAGE 3 OF RESOLUTION NO. 2005-05
Preliminary Development Plan - Rezoning/Final Development Plan Requests:
The proposed Rezoning is in substantial conformance with the goals and policies
of the Danville 2010 General Plan.
The uses authorized or proposed in the land use district are compatible within
the district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the uses authorized or proposed.
Minor Subdivision Request:
The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2010 General Plan.
The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
o
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the project.
The density of the subdivision is physically suitable for the proposed density of
development.
The design of the proposed subdivision and improvements are not likely to
cause substantial environmental damage or subsequently injure fish or wildlife
or their habitat since this property is in an area where development has
previously occurred.
The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
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
PAGE 4 OF RESOLUTION NO. 2005-05
Town Council approval of the parcel map or issuance of grading or building permits for
the project. Each item is subject to review and approval by the Planning Division unless
otherwise specified.
A. GENERAL
This approval is for General Plan Amendment Study request GPA 2004-
01, Preliminary Development Plan - Rezoning request PUD 2004-05, Final
Development Plan request DP 2004-17 and Minor Subdivision request MS
853-2004 involving the 9.8+/- acre Navlet's Garden Center site, located at
800 Camino Ramon. Development shall be substantially as shown on the
project drawings as follows:
Site Plans, Floor Plans, Roof Plans, Building Elevations, Landscape
Plans, and details labeled "The Rose Garden," depicting the
proposed development for the commercial portion of the Rose
Garden project, as prepared by BCV Architects and consisting of 25
sheets dated December 1, 2004.
Site Plans, Floor Plans, Roof Plans, Building Elevations, LandSCape
Plans, and details labeled "Rose Garden Apartments," depicting
plans for the residential portion of the proposed project, as
prepared by Hollman & Bologna Architects and consisting of 11
sheets dated September 28, 2004.
Co
Preliminary Grading Plans, BMP Exhibit, and Preliminary Utility
Plan labeled "Rose Garden," covering the entire 9.8+/- acre project
area, as prepared by Ruggeri, Jensen, Azar & Associates and
consisting of three sheets dated November 29, 2001.
do
Minor Subdivision Tentative Parcel Map labeled MS 853-2004,
covering the entire 9.8+/- acre project area, as prepared by Ruggeri,
Jensen, Azar & Associates, and consisting of three sheets dated
reCeived by the Planning Division on November 16, 2004.
This entitlement includes the approval of a numerical parking variance for
the commercial portion of the prOject, allowing a maximum 20 parking
space reduction from the aggregate parking requirement for the full range
of proposed commercial uses (398 spaces required and 378 spaces
proposed - equating to a 5.0% numerical parking variance). The
distribution of commercial spaces, by building location and by use type,
shall be substantially as depicted in the Project Parking Demand Matrix
PAGE 5 OF RESOLUTION NO. 2005-05
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provided as Exhibit J of the Planning Commission Staff Report dated
January 25, 2005.
The developer shall be responsible for the payment of all development
processing fees and impact fees associated with the project. The fee
amounts to be paid shall be reflective of the fee schedules in effect at the
time payment is made, with fees to be paid prior to any Town Council
final approval action or issuance of permits, as may be applicable. In
addition to various plan checking and inspection fees, notice should be
taken of the following fees (below fee estimates reflect current project data
and fee schedules in place as of January 25, 2005):
Child Care Facilities Fee - Commercial ($0.25/sq.ft) $ 17,832.50
Child Care Facilities Fee - Residential ($115.00/unit) $ 6,325.00
Parkland In-lieu Fee - Residential ($ 4,588/unit) $ 252,340.00
Excavation Mitigation Fee ($3,940/acre) $ 38,612.00
Drainage Area 37A ($925/ acre; max $1,850) $ 1,850.00
SCC Regional Fee - Office ($1.51/sq.ft.) $ 39,498.58
SCC Regional Fee - Commercial ($0.94/sq.ft.) $ 42,461.68
SCC Regional Fee - Residential ($942/ unit) $ 51,810.00
SCC Sub-Regional Fee - Office ($4.07/sq.ft.) $106,463.06
SCC Sub-Regional Fee - Commercial ($2.55/sq.ft.) $115,188.60
SCC Sub-Regional Fee Residential ($2,600/unit) $143,000.00
Commercial TIP Fee ($4.50/sq.ft.) $ 320,985.00
Residential TIP Fee ($1,400/) $ 77,000.00
Tri-Valley Transportation Fee - Office ($3.11/sq.ft.) $ 81,351.38
Tri-Valley Transportation Fee - Commercial ($1.16/sq.ft.) $ 52,399.52
Tri-Valley Transportation Fee - Residential ($1,103/unit) $ 60,665.00
Within thirty days of the effective date of this approval, the developer
shall reimburse the Town for notifying surrounding residents and
interested parties of' the public hearings and study sessions for the project.
The fee shall be $918.00 (306 notices X $0.75 per notice X four
notifications).
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District have been, or will be, met to the satisfaction
of the District. The District's initial comments on this project are dated
August 17, 2004.
PAGE 6 OF RESOLUTION NO. 2005-05
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10.
11.
Prior to the issuance of building permits for the residential portion of the project,
the developer shall verify that payment of the applicable school impact fees have
been paid to the San Ramon Valley Unified School District. (Mitigation
Measure #11.a.)
Prior to the issuance of building permits for the residential portion 'of the project,
the developer shall make payment to the Town of the applicable parkland in-lieu
fees. (Mitigation Measure #15.a.)
The developer 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
amount to be paid is $1,300.00, as project has been determine~l to not be a
"de minimus" project (and thereby indicating the Department of Fish and
Game's determination that the project may result in a change to fish and
wildlife resources, as described in the California' Code of Regulations,
Title 14, Section 753.5(d)(1)(A)-(G)). The check for this payment shall be
made payable to the Contra Costa County Recorder's Office and shall be
submitted to the Planning Division within five days of the effective date of
this 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 Development Services
Department 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. (Mitigation Measure #14.a.)
Prior to issuance ora grading permit, the developer shall hire a historical resource
consultant to determine whether the site contains historic resources. The findings
of the consultant shall be submitted in written form to the Planning Division and
to the Northwest Information Center of the California Historical Resources
Information System at Sonoma State University. Ali work must comply with the
requirements of the California Historical Resources Information System.
(Mitigation Measure #14.b.)
The developer shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers, which are in good condition, and to locate
PAGE 7 OF RESOLUTION NO. 2005-05
12.
13.
14.
15.
16.
stationary noise-generating equipment as far away from existing residences as
feasible. (Mitigation Measure #10.a.)
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 developer 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. (Mitigation Measure
#10.b.)
The developer 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.
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.
(Mitigation Measure #5.a.)
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements serving that phase 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 heavy
construction activity in the adjoining area is complete, the area to be
occupied is determined to be safe; accessible; provided with all reasonably
expected services and amenities; and is appropriately separated from
remaining additional construction activity.
As part of the initial submittal for the parcel map, plan check, and/or
building permit or grading permit review process (whichever occurs first),
the developer 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 developer has provided as evidence of compliance with that
PAGE 8 OF RESOLUTION NO. 2005-05
condition. The developer 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 if it is not comprehensive with respect to the applicable
conditions of approval.
17.
Except as provided for through these project conditions of approval
development of the residential portion of the project, and the allowable
and conditionally allowable uses established within this portion of the
project, shall comply with the standards contained within the Town's M-
29; Multiple Family Residential District Ordinance.
18.
Except as provided for through these project conditions of approval,
development of the commercial portion of the project, and the allowable
and conditionally allowable uses established within this portion of the
project, shall comply with the'standards contained within the Town's RB;
Retail Business District Ordinance.
19.
Planning Division approval is required prior to final occupancy being
authorized for any structure in the project by the Building Division.
20.
The developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Planning Division prior to the issuance of a grading permit or building
permit.
21.
Prior to the issuance of grading permits, the developer shall retain a
specialist to assess any rodent control impacts associated with grading
activity and installation of project improvements related to the
development. If deemed necessary through the Planning Division's
review of this report, the developer shall develop a rodent control plan to
the satisfaction of the Planning Division.
22.
Prior to the establishment and use of outdoor seating for the proposed
food service uses in the project, the developer shall secure business-
specific land use permit approvals to authorize such outdoor seating.
23.
No outdoor storage or display of merchandise is permitted within the
commercial portion of the project without prior review and approval
through a land use permit application. An exception is granted through
this approval for the 28,730+/- square feet of exterior storage and display
PAGE 9 OF RESOLUTION NO. 2005-05
25.
26.
27.
28.
29.
30.
area associate with the Navlet's Garden Center, which is authorized
through this approval..
Non-retail uses may not be established as ground-floor uses in the
commercial portion of the project ' without prior approval of a tenant-
specific land use permit.
Prior to the issuance of a building permit for Building 4, the applicant
shall initiate a land use permit application to address the operational
requirements of the valet parking service that is proposed to serve the
restaurant use to be established in this structure.
The residential project may increase in unit count by one unit (taking the
total number of units to 56 units) if a unit is provided in the project for an
onsite residential manager.
Developers applying for building permits for individual commercial
tenant spaces shall secure Hazardous Material Permits from Contra Costa
County Environmental Health Division for uses that will handle threshold
quantities of hazardous materials (includes Navlet's, at a minimum).
Pursuant to the regulations contained in the California Uniform Retail
Food Facilities Law, restaurant uses established in this project shall submit
plans to the Contra Costa County Environmental Health Division for
review and approval prior to issuance of the respective tenant building
permits for such restaurant uses.
Project garages in the residential portion of the project shall be subject to
further review and approval by the Planning Division to assure they are
appropriately sized and dimensioned to readily accommodate storage of
individual household waste containers. Project rules placed within lease
agreements (and, as may be appropriate, within project CC&Rs) that
speak to the placement of individual Waste containers outside of the
garages for weekly pickup and address the allowable timeframe for their
subsequent return to individual garages shall be subject to review and
approval by the Planning Division.
Any post-completion exterior modifications to structures established in
this mixed use project requires separate review and approval under a
· Revised Final Development Plan application.
PAGE 10 oF RESOLUTION NO. 2005-05
B. SITE PLANNING
* 2.
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Along the south and east edges o,f the project, and along the shared project
boundary with the Kelley Lane condominium project and the veterinarian,facility,
parking lot lighting and exterior wall-mounted lighting shall be at the minimum
lighting intensity necessary to provide adequate lighting `for sa,fety and security
purposes. The light fixtures in these areas shall be o,f a design that generally
screens the view o,f the light source and provides down-directed lighting. Prior
to the issuance o,f building permits, the developer shall submit a photometric plan
as part o,f the lighting plan that indicates lighting locations and fixture details
and provides the corresponding photometric in`formation. This plan shall be
subject to review and approval by the Planning Division and Design Review
Board. The Planning Division reserves the right to require field modifications
`found necessary to prevent inappropriate levels o,f off-site light intrusion and/or
glare. (Mitigation Measure #13.a.)
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 developer shall be responsible for the installation of at least three five-
bicycle capacity bike racks within the commercial portion of the project
and one or two five-bicycle capacity bike rack within the residential
portion of the project. The location of the racks shall be as determined
acceptable by the Planning Division.
The developer shall complete the architectural soundwall installation
along the project's east boundary. The new soundwall installation shall
match, to the greatest extent feasible, the design, height and construction
materials of the existing section of soundwall. The layout, location and
Special trim treatment for the two proposed pedestrian breaks in' the
soundwall, as well as for the corner treatment at the southeast comer of
the project, shall be subject to review and approval by the Planning
Division. The soundwall installation and modification shall occur in
conjunction with the first phase of development, with this work to include
performance of the minor repairs needed for the existing soundwall.
The project plans for the residential portion of the project depict two
options for placement of the two stacked-flat units to go in the
southeastern corner of the project, with choice of options dependent on
the applicant's ability to modify the 35-foot width utility easement that
PAGE 11 OF RESOLUTION NO. 2005-05
B. SITE PLANNING
* 2.
o
Along the south and east edges of the project, and along the shared project
boundary with the Kelley Lane condominium project and the veterinarian facility,
parking lot lighting and exterior wall-mounted lighting shall be at the minimum
lighting intensity necessary to provide adequate lighting for safety and security
purposes. The light fixtures in these areas shall be of a design that generally
screens the view of the light source and provides down-directed lighting. Prior
to the issuance of building permits, the developer shall submit a photometric plan
as part of the lighting plan that indicates lighting locations and fixture details
and provides the corresponding photometric information. This plan shall be
subject to review and approval by the Planning Division and Design Review
Board. The Planning Division reserves the right to require field modifications if
found necessary to prevent inappropriate levels of off-site light intrusion and/or
glare. (Mitigation Measure #13.a.)
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 developer shall be responsible for the installation of at least three five-
bicycle capacity bike racks within the commercial portion of the project
and one or two five-bicycle capacity bike rack within the commercial
portion of the project. The location of the racks shall be as determined
acceptable by the Planning Division.
The developer shall complete the architectural soundwall installation
along the project's east boundary. The new soundwall installation shall
match, to the greatest extent feasible, the design, height and construction
materials of the existing section of soundwall. The layout, location and
special trim treatment for the two proposed pedestrian breaks in the
soundwall, as well as for the corner treatment at the southeast comer of
the project, shall be subject to review and approval by the Planning
Division. The soundwall installation and modification shall occur in'
conjunction with the first phase of development, with this work to include
performance of the minor repairs needed for the existing soundwall.
The project plans for the residential portion of the project depict two
options for placement of the two stacked-flat units to go in the
southeastern corner of the project, with choice of options dependent on
the applicant's ability to modify the 35-foot width utility easement that
PAGE 11 OF RESOLUTION NO. 2005-05
runs along the south side of the residential portion of the project. The
selection of which option shall be pursued/implemented is at the
discretion of the applicant (to the extent the necessary adjustments to the'
utility easement can be secured).
LANDSCAPING
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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 over
spray. Proposed lawn areas within the project shall not exceed a
maximum of 25 percent of the landscaped areas.
All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All shrubs used in the project, which are not used as
ground cover, shall be a minimum of five gallons in size. A minimum of
25% of the true shrubs planted in the project (i.e., not including Lily of the
Nile, Tawny Day Lily and the equivalent) shall be 10- or 15-gallon
container size shrubs.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover areas shall be planted
so that they fill in within two years.
The developer shall be required to construct a new six-foot high wooden
fence (fence height as measured from the project side of the fence): along
the south project boundary from the southeast project corner to the
proposed emergency vehicle access at the Kelley Lane condominium
project; along the shared boundary with the Kelley Lane condominium
project (except where roadway easements preclude such ferice
installation); and along the shared boundary with the veterinarian facility.
The new fencing shall be of a' solid wood design and shall include
minimum caliper 4" x 6" posts, 1" x 6" fence boards, 2' x 4' top and
bottom rails (not to be notched), and 2" x 8' kickboards. The fence posts,
kickboards, and hOrizontal members of the fence shall be pressure treated
PAGE 12 OF RESOLUTION NO. 2005-05
Douglas Fire, or an approved equivalent. If an alternate fencing design is
agreed upon by the developer and the respective adjacent property
owners, that alternate fencing plan shall be submitted for review and
approval by the Planning Division. The developer shall be responsible for
constructing the new fencing on the respective shared property
boundaries and removing old fencing. If respective adjacent property
owners do not agree to this arrangement, the developer may build the
affected portion(s) of the new fencing adjacent to the old fencing and leave
the existing fencing in its current location. The developer shall be
required to show proof to the Planning Division that diligent efforts have
been made to gain approval from all adjacent property owners to allow
removal of existing fencing and to explore the possible use of an alternate
fencing design.
The developer shall be required to provide a minimum of fifteen 24-inch
box specimen trees along the east project boundary and a minimum of
sixteen 10-inch box specimen trees along the south project boundary. The
types of trees, and their exact placement, shall be determined with input
from the most proximate residential property owners. The exact
placement of trees shall be determined after the adjacent project buildings
are substantially completed, with a general goal of having tree placement
serve a balance of maximizing privacy between the windows of the new
buildings and the existing second-story windows; retaining view
corridors for existing residential units; and to taking into account the age
and condition of mature trees located near the shared property boundary
of the Danville Woods and Kelley Lane projects. Trees shall bb planted
prior to occupancy of the respective adjoining project buildings.
The developers shall be required to provide a minimum of three 24-inch box
specimen trees for each tree removed as a result of the project's development that
qualifies as a protected tree through the Town's Tree Preservation Ordinance.
The number of trees, as well as the type of trees and their placement on the site,
shall be subject to review and approval by the Planning Division. The trees
provided for under this mitigation measure shall be above and beyond the 24-inch
box specimen trees that are required to be planted by the developer along the
project's eastern and southern boundaries for screening purposes. (Mitigation
Measure #7.a.)
The developer shall diligently pursue the necessary rights from CalTrans
to install offsite landscape and hardscape improvements on the CalTrans
property situated to the north of the project site. To this end, the
developer shall diligently pursue the requisite license agreement and/or
PAGE 13 OF RESOLUTION NO. 2005-05
easement authority from CalTrans to allow the developer to install and
maintain these improvements. This request shall also seek authorization
to modify the alignment of the Iron Horse Trail improvements through
the CalTrans property (to reflect the approved landscape and hardscape
plans for this area). The project landscaping plans depict two conceptual
plans for landscaping and hardscape over the adjoining CalTrans
property. The preferred plan shall be the plan reflecting the more intense
planting and hardscape improvements. (i.e., "Corner Treatment B", as
depicted on Sheet L1.2 of the plan submittal for the commercial portion of
the project). The alternate plan shall be implemented if it is the only plan
that CalTrans will authorize.
Onsite parking lot trees shall be a species that provides a considerable
amount of shade and is appropriately suited for local soil conditions, and
which also have fast, balanced growth patterns. The tree species utilized
shall be subject to review and approval by the Planning Division.
D. ARCHITECTURE
* 1.
Ail 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.
Trash, refuse and recycling shall be contained within trash/recycling
enclosures that are architecturally compatible with the project
architecture. Unless otherwise authorized by the Planning Division,
enclosure design shall include six-foot high masonry walls on three sides
with steel framed gates and wood bolted to the gates. Gates shall be self-
closing and self-latching. Prior to the issuance of a building permit, the
developer shall document that the trash/recycling areas are appropriately
sized and located. The trash/recycling areas shall be'covered and bermed
so as not to allow stormwater run-off to enter the area from adjacent
surfaces. The area drains for the trash/recycling areas shall be connected
to the sanitary sewer, not the storm drain system.
Prior to the issuance of building permits, the proposed method to denote
street numbers for tenant spaces and residential units in the project shall
be submitted for review and approval by the Planning Division. Street
numbering shall be posted so as to be easily seen from the street at all
times, day and night by emergency service personnel.
PAGE 14 OF RESOLUTION NO. 2005-05
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10.
Colors and materials for the commercial and residential portions of the
project shall be substantially consistent with the respective color and
material boards submitted to the Design Review Board during their
review of these respective portions of the project.
Samples of final materials and colors 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 (DRB) 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
DRB review concurrent with, or prior to, the developer initiating the
Building Division plan check process. In addition to the above, the scope
of the submittal materials to be submitted shall be as necessary to address
the submittal list generated by the DRB at their October 7, 2004 (pertains
to the commercial portion of the project - submittal list is marked Exhibit
K of the Planning Commission Staff Report dated January 25, 2005).
A comprehensive sign program shall be submitted to the Planning
Division for consideration under a separate application (Master Sign
Program application) for review and approval by the Design Review
Board prior to issuance of building permits for the project.
Without prior authorization by the Planning Division: no windows in the
commercial portion of the project shall be utilized for permanent window
signage; no partitions shall be installed that block visibility to the interior
of ground-floor commercial spaces; and no .store fixtures or displays shall
be placed in front of windows of ground-floor commercial spaces that
block visibility to the interior of these spaces. At the discretion of the
Planning Division, staff may refer reqUests to deviate from these
standards to the Planning Commission for consideration and action.
No window tinting is permitted in any tenant windows or doors without
prior authorization from the Planning Division.
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.
PAGE 15 OF RESOLUTION NO. 2005-05
11.
As part of the submittal package for building permit review, the project
architect shall submit a written report on the feasibility of incorporating
electro-photovoltaic Capability into the project.
12.
Unless otherwise directed through building code regulations, roof vents
established on the residential structures which are visible from the private
roadway system serving the residential portion of the project shall be
limited to a maximum height of three inches for low profile roof vents.
All residential roof vents shall be painted a color to blend with the roof
and shall be painted with a flat finish.
13.
In conjunction with the preparation of the final .working drawings for the
residential structures, efforts shall be made to maximize the individual
storage areas available to all units. To the extent reasonably feasible, each
unit should be supplied the following storage areas: entry closet storage
area; closet storage on the patio/balcony areas; and overhead cabinet
storage within garages. The exact location, size and cOnfiguration of the
storage areas shall be subject to review and approval by the Planning
Division prior to the issuance of building permits.
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. Compact spaces shall be no less than 8
feet by 15 feet in size, including allowable overhang.
o
Regulatory signage/curb painting for non-parking sections of the interior
roadways shall be provided, if deemed necessary, to the satisfaction of the
San Ramon Valley Fire Protection District and the Engineering Division.
All residential garages within the development shall be maintained and
utilized for their intended purpose (i.e., to allow the parking of resident
vehicles). Language shall be included within the individual residential
lease agreements (and, as may be appropriate, within project CC&Rs) that
specifies this requirement and establishes a mechanism for property-
owner imposed fine for residents who do not comply with this
requirement.
PAGE 16 OF RESOLUTION NO. 2005-05
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10.
Concurrently with the recordation of the parcel map, the developer shall
record appropriate reciprocal cross access easements over the commercial
driveways and drive aisles established within the proposed parking lots
for proposed Parcels Ay, B and C of MS 853-2004.
Prior to the approval of project improvement plans, the Danville
Transportation Division shall be provided the opportunity to review and
approve the location, type and design of any speed control devices
proposed in the project and shall have the authority to require installation
of such devices if deemed necessary following their review of the project
improvement plans.
The developer shall prepare and submit a draft parking management
agreement for Planning Division review and approval that will serve to
require project office and retail employees and business owners to park
outside the central Project parking area serving the commercial portion of
the project. The approved agreement shall in incorporated into all
commercial lease agreements for the project.
The developer shall prepare and submit a draft truck delivery
management plan for Planning Division review and approval that shall
serve to regulate against unnecessary early hour truck arrivals and
deliveries that would be disruptive to surrounding residents.
The developer shall work with the Engineering Division and the
appropriate transit agency(ies) to provide for the development of alternate
bus stop locations in response to proposed roadway modifications to
Camino Ramon.
Three to four parking spaces in the commercial portion of the project shall
be modified in size dimensionally to allow these spaces to serve as
unloading spaces for step-van sized delivery truck s (e.g., UPS trucks).
These spaces shall be appropriately identified for use as delivery parking
areas.
F. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
PAGE 17 OF RESOLUTION NO. 2005-05
At least one week prior to commencement of grading, the developer shall
post the site and mail to: (1) the owners of property within 300 feet of the
exterior boundary of the project site; (2) the homeowner associations of
nearby residential projects; and (3) the Planning Division, a notice that
construction work will be commencing at the project site. The notice shall
include the appropriate list of project contact persons, indicating name,
title, phone number and area of responsibility of such persons. The
person responsible for maintaining the list shall also be indicated on the
notice. The notice shall be kept current at all times, posting the 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 on the notice.
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 Engineering Division. 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's 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 Engineering Division 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 (UBC)(or its replacement in such case that the State of California
adopts an alternate set of building regulations) and Town of Danville
Ordinances. Structures shall be designed to reflect the site's location within
Seismic Zone 4 and shall provide for the seismic zone factor, soil profile, and
seismic coefficients cited in the project geotechnical report (i.e., Engeo, Inc. report
dated September 24, 2004, entitled Geotechnical Exploration Rose Garden 800
Camino Ramon, Danville, California). (Mitigation Measure #3.a.)
The upper two feet of soil shall be sub-excavated and the exposed surface shall be
proof-rolled with a heavy loaded water truck to detect soflfloose soil areas.
Detected soft areas shall be sub-excavated to expose a firm, non-yielding surface
and then backfilled with engineered fill. The actual depths of removal and
PAGE 18 OF RESOLUTION NO. 2005-05
reworking of these surface materials shall be as directed by the project
Geotechnical Engineer at the time of grading. (Mitigation Measure #3.b.)
Special attention shall be given during project construction to the potential
presence of high- to critically-high expansive soils. To limit or eliminate the
potential for building damage resulting from volume changes associated with
expansive soils, an appropriate combination of mitigation measures shall be
integrated into the project design, as generally outlined in the project geotechnical
report. Design criteria for the foundations used for the residential and
commercial portions of the project shall be reflective of the recommendations
found in the "Foundations" section of the project geotechnical report.
(Mitigation Measure #3.c.)
The `final estimate of settlement depth and time shall be determined based on the
actual loading calculations. Consideration shall be given during project design to
install settlement plates to monitor the progress of the consolidation process. To
reduce the time for post-construction settlement, the site can be preloaded using
surcharge fill. (Mitigation Measure #3.d.)
The concrete that comes into contact with the site soils shall utilize Type II
cement and shall have a maximum water-cement ratio of 0.55 and a minimum
compressive strength of 3,000 psi, unless otherwise authorized by the project
Geotechnical Engineer. (Mitigation Measure #3.e.)
10.
The recommendations included in the project geotechnical report, along with
other sound engineering practices, shall be incorporated in the design and
construction of the project (as cited above and substantially as detailed in pages
13 through 26 of the geotechnical report). The project geotechnical report shall be
supplemented with specific recommendations for foundation design of the
proposed buildings, with these recommendations subject to review and approval
by the Development Services Department. (Mitigation Measure #3.f.)
11.
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 developer
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. (Mitigation Measure #3.g.)
PAGE 19 OF RESOLUTION NO. 2005-05
12.
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 and
Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall
supplement the Erosion Control Plan and project improvement plans.
Thes~ documents shall also be kept onsite while the project is under
construction. A NPDES construction permit may be required, as
determined by the Engineering Division.
13.
All Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered. (Mitigation Measure #5.b.)
STREETS
The developer shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any
public right-of-way or easement.
Project street signing shall be installed by the developer, as may be
required by the Engineering Division. 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 Engineering Division, at full expense to the developer.
This shall include slurry seal, overlay or street reconstruction if deemed
warranted by the Engineering Division.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Danville Municipal Code.
At the time project improvement plans are submitted, the developer shall
supply to the Engineering Division an up-to-date title report for the
PAGE 20 OF RESOLUTION NO. 2005-05
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10.
subject property. The roadway improvements to be installed by the
developer adjoining the property's Camino Ramon and Sycamore Valley
Boulevard frontages shall be substantially as shown on Sheet A.1.01 of the
plans labeled "Rose Garden" that depict the proposed development for
the commercial portion of the Rose Garden project (as cited in Condition
of Approval #A.l.a. above).
Handicapped ramps shall be provided and located as required by the
Engineering Division.
Shared private storm drain maintenance agreements, as deemed
appropriate by the Engineering Division, shall be established between all
three proposed parcels of MS 853-2004. A shared parking/shared
maintenance agreement shall be established covering the parking and
drive aisle areas of the two proposed commercial parcels. These
agreements shall be submitted for review and approval of the City
Attorney prior to Town Council approval of the parcel map. The shared
maintenance agreement shall include provisions for regular sweeping of
the parking lots.
Private streets shall be improved to public street structural standards
unless otherwise authorized by the Engineering Division. Private street
improvements, and their dimensions, shall be substantially as shown on
the project plans identified in #A.1. above and shall conform to Standard
Plan 104 a & b.
If it is found necessary by the Transportation Division to modify the
turning movement restrictions for vehicles exiting the project site from the
northernmost Camino Ramon driveway (as a result of a Transportation
Division finding that such movements are contributing to a safety hazard
and/or are adversely affecting the operation of the traffic signal at
Camino Ramon and Sycamore Valley Boulevard), the developer shall be
responsible for the installation of additional signage and/or pavement
markings and/or the construction of additional physical improvements in
the area of this driveway to implement the modified turning movement
restrictions.
The developer shall be responsible for the installation of public street
improvements along the site's Camino Ramon frontage. Public
improvements .that are to be the developer's responsibility to install shall
include: pavement widening; striping and signing; fire hydrants;
electroliers; curb, gutter and necessary transverse and longitudinal
PAGE 21 OF RESOLUTION NO. 2005-05
drainage improvements; a six-foot wide sidewalk; border landscaping and
irrigation; and necessary pavement transitions. The developer's
responsibility includes the full-width frontage improvements for the
entire length of the property's Camino Ramon frontage (and the pertinent
sections of the adjoining section of Sycamore Valley Boulevard necessary
to provide for the planned improvements to Camino Ramon). The
improvements to be installed along Camino Ramon shall include a new
traffic signal at the main project driveway intersection with Camino
Ramon.
11.
The developer shall be responsible for the acquisition of the necessary
public access and utility easements along the west side of Camino Ramon
to accommodate the proposed improvements to this roadway, as found
necessary by the Engineering Division.
12.
The developer shall submit a sketch alignment plan for review and
approval by the Engineering Division showing all required private and
public street improvements, and corresponding right of way dedication /
acquisition, along Camino Ramon and Sycamore Valley Boulevard prior
to starting work on the improvement plans. The sketch aligrnuent plan
shall be to scale and show off-site transitions, as necessary, curb lines, land
striping details and cross-sections. The sketch alignment plan shall also
include necessary information to show that adequate sight distance
clearance will be provided for at all intersections.
13.
Capital improvement projects associated with the two problem traffic movements
identified in the project traffic study (i.e., Rose Garden Specialty Retail Center
Tra..lfic Impact Stud_t/, Final Report, dated November 2004) shall be funded by
Town's Commercial Transportation Improvement Program ("C-TIP")fees and
Residential Transportation Improvement Program ("R-TIP")fees to be collected
from the project. Unless otherwise directed by the City Engineer and Traffic
Engineer, the project C-TIP and R-TIP fees shall be utilized to fund the following
capital improvements (to bring the identified potential impacts to a less than
significant level):
Construction of an additional eastbound dedicated right-turn travel lane
between the Sycamore Valley Road/San Ramon Valley Boulevard
intersection and the Sycamore Valley Road/southbound 1-680 on-ramp for
the 1-680 southbound movement. The outside southbound left turn lane at
the San Ramon Valley Boulevard intersection would feed directly into this
new travel lane. As such, the eastbound through traffic (ultimately
making a right turn on Camino Ramon) would re-distribute itself to the
PAGE 22 OF RESOLUTION NO. 2005-05
Ho
inside southbound left turn lane, thereby reducing the length of the
upstream queue.
b. Construction of an addition westbound travel lane between the Sycamore
Valley Road/Camino Ramon/Park & Ride intersection and the Sycamore
Valley Road/Brookside intersection. This additional travel lane would
provide additional storage for traffic ultimately headed to the 1-680
northbound ramp without impeded westbound through traffic during the
AM peak hour.
(Mitigation Measure #6.a.)
14.
The developers shall be responsible for the design and installation of a new traffic
signal, along with all associated road-widening improvements for Camino Ramon
for the full length of the property frontage (full width improvements). The newly
signalized intersection shall be installed at the project's primary driveway (i.e.,
the Camino Ramon/Rose Garden/Denny's driveway intersection). (Mitigation
Measure #6.b.)
'15.
Trail improvements necessary to connect onsite pedestrian walkways with
the existing Iron Horse Trail lying north and east of the project site shall
be subject to review and approval by the Planning Division, East Bay
Regional Park District and COntra Costa County (and CalTrans, as
appropriate). Trail access entrances at the project boundary shall be a
minimum width of ten feet. Encroachment permits will need to be
secured by the developer from both East Bay Regional Park District and
Contra Costa County. The trail connection improvements shall be
constructed and paid for by the developer.
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
(EBMUD) water system in accordance with the requirements of District.
As indicated in EBMUD's preliminary comments on the project
(transmittal dated July 12, 2004), a main extension at the developer's
expense may be required to serve the project (depends on EBMUD
metering requirements and fire flow requirements). The developer shall
submit approved development plans to EBMUD's New Business Office to
request a water service estimate to determine the cost and conditions of
providing water service to the project. Developer is advised that
engineering and installation of water mains and services requires
PAGE 23 OF RESOLUTION NO. 2005-05
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substantial lead-time, which should be accounted for in the developer's
development schedule.
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 Engineering Division.
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 Engineer Division. 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.
Unless otherwise directed through the project's approved Stromwater
Control Plan, 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 developer shall furnish proof to the Engineer Division 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.
PAGE 24 OF RESOLUTION NO. 2005-05
10.
11:
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 the Planning Divison. Any
other change will require Planning Commission approval through the
Revised Final Development Plan application and 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 materials and the disposition of green waste generated
from land clearing on the site. Prior to obtaining framing inspection
approval for the project, the developer 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.
Conditions of approval require the developer to install public
improvements over land that neither the developer nor the Town
currently have easement rights for that would allow for the installation of
such improvements. The developer shall be responsible for acquisition of
said easement rights through private negotiations. If the developer is
unsuccessful in negotiations, the developer 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 the parcel map or issuance of building permits. All costs
associated with such acquisition shall be borne by the developer.
Pursuant to Government Code section 66474.9, the developer (including
the developer 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 concerning this Development Plan application, which action is
brought within the time period provided for in Section 66499.37. The
PAGE 25 OF RESOLUTION NO. 2005-05
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Town will promptly notify the developer of any such claim, action, or
proceeding and cooperate fully in the defense.
Use of a private gated vehicular entrance for the prOject, beyond the
gating to be installed at both sides of the truck delivery aisle serving the
Navlet's exterior display and storage area, is expressly prohibited. The
gate connection to the Iron Horse Trail serving the residential portion of
the project may be a keyed access gate to just serve project residents.
The location, design and number of gang mailbox structures serving the
residential portion of the project shall be subject to review and approval
by the Design Review Board and the local Postmaster.
The developer shall prepare and submit a Stormwater Control Plan, acceptable to
the Engineering Division, for the proposed development project. The Stormwater
Control Plan shall be prepared according to the instructions in the currently
available draft of the Contra Costa Clean Water Program Stormwater C. 3
Guidebook. The Stormwater Control Plan shall be substantially consistent with
the draft Stormwater Control Plan prepared on the developer's behalf by
consultant working with Contra Costa County jurisdictions to prepare the
Stormwater C.3 Guidebook. The Stormwater Control Plan shall include, at a
minimum, the following:
a. Delineation of separate drainage areas within the site;
b. Tabulation of pervious and impervious surfaces in each drainage area;
c. Proposed design features and surface treatments used to minimize
imperviousness;
d. Proposed locations and approximate sizes of stormwater treatment
facilities (Best Management Practices, or BMPs, including swales, flow-
through planter boxes, or other treatment BMPs);
e. Preliminary designs, including calculations, for each treatment BMP;
f. Locations on the site of potential sources of pollutants, including loading
docks, food service areas, refuse areas, outdoor processes and storage
(including fertilizers and pesticides), equipment washing, plant nurseries,
etc.;
g. A tabulation of potential pollutant sources .identifying appropriate
permanent source control BMPs to address each potential pollutant
source; and
h. General description of maintenance requirements for treatment BMPs..
In addition, the Stormwater Control Plan shall qualitatively evaluate potential
changes to site runoff peaks and durations when compared to the pre-project
condition. The controls incorporated into the Stormwater Control Plan need not
meet quantitative criteria for mitigating those changes as long as the project
application is deemed complete for processing before the Contra Costa Clean
PAGE 26 OF RESOLUTION NO. 2005-05
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10.
11.
12.
Water Program's Final Hydrograph Modification Management Plan is accepted
by the San Francisco Bay Regional Water Quality Control Board. (Mitigation
Measure #4.a.)
Drawings submitted with applications for grading and building permits
(including structural, mechanical, architectural, grading, drainage, site,
landscape, and other drawings) shall be consistent with the Stormwater Control
Plan and shall show, as appropriate, the details and methods of. construction for
the site design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment BMPs, permanent source
control BMPs, and other features that control stormwater flow and potential
stormwater pollutants. (Mitigation Measure #4.b.)
Prior to issuance of a Certificate of Occupancy, the developer shall submit a
detailed Stormwater Facilities Operation and Maintenance Plan. Instructions for
preparing a Stormwater Facilities Operation and Maintenance Plan are being
developed by the Contra Costa Clean Water Program. (Mitigation Measure
#4.c.)
Prior to issuance of a Certificate of Occupancy, the developer shall execute a
Stormwater Facilities Operation and Maintenance Agreement with the Town.
(Mitigation Measure #4.d.)
All exhaust systems for restaurants, coffee houses and other food service activities
established within the commercial portion of the project shall be fitted with air
cleaning systems to reduce smoke and odors emanating from these uses to an
efficiency level of 95-99% by particle count, or as otherwise determined acceptable
by the Development Services Department. (Mitigation Measure #5.c.)
This project shall be responsible for the provision of a minimum of eight
residential units that shall be made available to moderate income
households, as defined by the State Department of Housing and
Community Development (HCD) and the United States Department of
Housing and Urban Development (HUD). The developer shall enter into
a formal agreement with the Town which specifies the maximum income
of the buyers, regulates the terms of occupancy, resale or any other
restriction deemed necessary to assure the long term affordability of the
units to moderate income households. This agreement shall be subject to
approval by the Town Council prior to recordation of the initial final map
for the project.
PAGE 27 OF RESOLUTION NO. 2005-05
13.
14.
In case that the residential portion of the project is converted to
individually owned condominium units, a homeowner's association shall
be formed for the development. The project homeowner's association,
through project-specific covenants, conditions and restrictions (CC&Rs),
shall be responsible for (limited to the residential portion of the project)
maintenance of all on-site roads, pedestrian ways, common landscape
areas, common fencing, project recreation areas, internal roads and
parking areas, common drainage facilities and any project related off-site
landscaping, and maintenance and upkeep of the exterior of all structures
in the project. The CC&Rs shall include all restrictions related to parking
and storage specified in these conditions of approval. Draft CC&Rs shall
be submitted to the Planning Division and City Attorney for review and
approval a minimum of 60 days prior to the individual sale of any of the
units. A note shall' be placed on the parcel map for this project which
specifies the requirement that the Town must have review and approval
authority for project-specific CC&Rs prior to the indiviclual sale of any of
the units.
Unless otherwise approved by the Planning Division in conjunction with
the Town's review of the project improvement plans, the existing double-
gate barrier along the Kelley Lane access driveway's interface with the
main portion of the subject property shall be replaced with a series of
bollards that prevent through vehicular access while providing for
through pedestrian access and access by emergency response vehicles.
The Kelley Lane residents shall be granted authorization to cross the
residential portion of the project to access the commercial project and to
enter the Iron Horse Trail.
15.
The allowable and conditionally allowable and excluded uses for the
commercial portion of the project shall be substantially as detailed in
Exhibit B of the Market Impact Analysis prepared for the project. Those
uses listed as conditionally allowable uses shall be subject to an
Administrative Land Use Permit review process. The Planning Division
shall have the right to determine the tenant-specific submittal information
to allow its review of the proposed uses. The Planning Division may refer
such requests to the Planning Commission for review and action and for a
determination of the requisite findings of approval that should dictate
allowing such individual uses to locate in the project. Authorization for
the uses listed as excluded uses in Exhibit B of the Market Impact Analysis
may be requested, on a tenant-by-tenant basis, through the Land Use
Permit process, with approval linked to the ability to make a finding that:
(a) the tenant request pertains to an existing Danville business wishing to
PAGE 28 OF RESOLUTION NO. 2005-05
relocate to the center; (b) the tenant space being considered does not
exceed 1,500 square feet in size; and (c) the hearing body concludes, based
on the most current compilation of retail uses in the Downtown, that the
proposed relocation does not contradict the Special Concern Area policy
direction that retail uses established at this site shall be complementary to
(rather than duplicative of) those found in Downtown Danville. Such
land use permit applications shall be subject to review and action by the
Planning Commission.
APPROVED by the Danville Planning Commission at a regular meeting on January 25,
2005, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Condie, Graham, Moran, Morgan, Storer,'Osborn
APPROVED AS TO FORM:
City Attorney
PAGE 29 OF RESOLUTION NO. 2005-05