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HomeMy WebLinkAbout2005-22 RESOLUTION NO. 2005--22 APPROVING REVISED FINAL DEVELOPMENT PLAN REQUEST (DP 2005-12) AND MASTER SIGN PROGRAM REQUEST (SR 2005-09) TO DEMOLISH THE EXISTING 1,056 +/- SQUARE FOOT RETAIL BUILDING AND ALLOWING THE CONSTRUCTION OF A 2,945+/- SQUARE FOOT RETAIL BUILDING, CONSTRUCTION OF A NEW TRASH ENCLOSURE, PARKING LOT RECONFIGURATION OF TWO GAS DISPENSERS UNDER THE EXISTING CANOPY. THE CARW ASH AND GAS CANOPY IS PROPOSED TO REMAIN IN ITS CURRENT LOCATION (APN: 206-010-033 - CHEVRON) WHEREAS, Chevron USA, Inc. (Owners) and RHL Design Group (Applicants) have requested approval of an amendment to a Final Development Plan, and Master Sign Program requests to allow the construction of a new Chevron convenience store, includes a two new fuel pumps (with four dispensers), a new trash enclosure and updated landscaping. The canopy and car wash would remain in the current location. The new 2,945 + / - square foot convenience store would replace the existing 1,056 + / - square foot convenience store on the 1.09 + / - acre site; and WHEREAS, the subject site is located at 8000 Crow Canyon Road and is further identified as Assessor's Parcel Number 206-010-033; and WHEREAS, the Town of Danville Planned Unit Development Ordinance requires approval of an amended Final Development Plan application prior to alterations to a previously approved Development Plan application; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 13, 2005; and WHEREAS, this project is Categorically Exempt from the requirements of the California Environmental Quality Act, section 15303; 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 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 approves Development Plan request DP 2005-12 and Sign Review request SR 2005-09 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 1. The applicant intends to obtain permits for construction within 24 months from the effective date of plan approval. 2. The proposed development is consistent with the Danville 2010 General Plan. 3. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by: a. presently projected projects; b. proper entrances and exits; c. internal provisions for traffic or parking; and d. parking plans and agreements. 4. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 5. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Master Sign Review Findings: 1. The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. 2. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. 4. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. PAGE 2 OF RESOLUTION NO. 2005-22 5. The design of the signage will be consistent with professional graphic and structural standards. 6. Signage illumination will be at the lowest level consistent with adequate identification and readability. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following 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 * * 1. This approval is for Development Plan request DP 2005-12 and Master Sign Program SR 2005-09 to demolish the existing 1,056 + / - square foot retail building and allow the construction of a 2,945 + / - square foot retail building, construction of a new trash enclosure, parking lot reconfiguration of two gas dispensers under the existing canopy. The carwash and gas canopy is proposed to remain in its current location. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site Plan, Floor Plan, Exterior Elevations, Signs, Grading Plan, and Landscape Plan labeled "Chevron," as prepared by RHL Design Group, consisting of 10 sheets, dated received by the Planning Division on August 31,2005. 2. The applicant shall payor be subject to 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 a building permit for the project. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (CTIP) ($8,500.50), SCC Regional Fee ($1,775.66), Tri- Valley Transportation Fee ($2,191.24), SCC Sub-Regional Fee ($4,816.95) NPDES Fee ($285.00), Contra Costa County Flood Control & Water PAGE 3 OF RESOLUTION NO. 2005-22 * * * * Conservation District (Drainage Areas and Mitigation) ($377.80), Excavation Mitigation Fee ($188.90), Plan Checking and Inspection fees. 3. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 346.50 (231 notices X 2 times noticed X $0.75 per notice). 4. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated May 13, 2005. 5. 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. 6. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), 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 along both the Crow Canyon Road and Center Court frontages which specifies the allowable construction work days ahd hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 7. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/ or the Chief Building Official, around the site during construction of the project. PAGE 4 OF RESOLUTION NO. 2005-22 * * * 10. * 11. * 12. 8. 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. 9. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of any structure in the project. As part of the initial submittal for the final map, plan check, and/ or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project has been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report is subject to review and approval by the City Engineer and/ or Chief of Planning and/ or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 13. The car wash and its associated facilities shall be closed from 8:00 p.m. to 8:00 a.m., seven days a week, to prevent the potential audible and annoying noise effects of the car wash during these more quiet periods. The property owner shall take all measures necessary to ensure the car wash will cease operation when the facility is to be closed. 14. The vacuum island shall be closed between the hours of 8:00 p.m. and 8:00 a.m., seven days a week, to prevent the potential audible and annoying noise effects of the operation of the vacuums during these more quite periods. The vacuum pumps shall be designed with a switch to allow the operator to shut- off the vacuums during these specified quite period hours. PAGE 5 OF RESOLUTION NO. 2005-22 15. Except as approved as part of this project, no outdoor storage or display of merchandise will be allowed. 16. A lot line adjustment(s) or easement(s) will be required prior to final inspection the ensure the portion of the of a public sidewalk within the project outside the Town's right-of-way is incorporated into the right-of-way. 17. At the one-year anniversary of the operation of the new facility which will include the twenty-four hours per day operation and sale of beer and wine, the Town shall review impacts related to this land use. The 24 hour operation will be allowed to be continued only after the verification that this land use has not resulted in any type of nuisance, negative impacts to surrounding properties, or negative impacts to the health, safety, or welfare of the Town. B. SITE PLANNING 1. All lighting shall be installed and maintained in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. Exterior project lighting shall be at the minimum level necessary to provide adequate illumination of the site. Prior to issuance of a building permit for the project, the applicant shall submit a photometric plan based on the final lighting plan for review and approval by the Planning Division and the Design Review Board. The Town reserves the right to require the reduction of exterior lighting intensity at any time if it is found that the lighting intensity is higher than necessary for adequate illumination. 2. Low profile lighting shall be installed along the south area of the property in lieu of pole lighting to reduce light glare for adjacent property owners. * 3. 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 any building. PAGE 6 OF RESOLUTION NO. 2005-22 C. LANDSCAPING * * * 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. 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. The location of backflow preventors and transformers shall be identified in the final landscape plan and shall be located as to not be prominent within the landscaping, and proposed locations are subject to review and approval by the Town of Danville. 2. 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. 3. 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. 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. 5. Periodic plantings consisting of annual colors which may be planted in the landscape areas shall be limited to a variety of colors planted or placed in natural appearing arrangements. Rows of planted or potted flowers which have the same or a similar color, or are intended to draw attention to the site, will not be allowed. 6. Vines to be planted to climb the project trellis structures shall be Star Jasmine. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/ or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. PAGE 7 OF RESOLUTION NO. 2005-22 2. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates, unless otherwise approved by the Town of Danville. Gates shall be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that all trash/ recycling areas are appropriately sized, designed, and sited. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run- on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. * 3. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. * 4. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. 5. Colors and materials shall be as shown on the color and material board on file with the Planning Division and shown at the public hearing for this project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. Color mock-ups on the building during the final stages of construction shall be made available at the project site prior to scheduling the project for final Design Review Board review. 6. The project trellis structures shall be painted the same color as the building or window mullions. E. PARKING 1. All parking spaces shall be striped and fronted by concrete curbs and designed to accommodate the overhang of automobiles. 2. The parking adjacent to the exit of the carwash facility shall be striped with lettering designating them for employees only. Employees shall be required to park in these spaces during their shifts. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 8 OF RESOLUTION NO. 2005-22 * * * * * * 2. 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. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 4. 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. 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 6. 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. 7. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 9 OF RESOLUTION NO. 2005-22 * * * 8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 9. 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. Run-off from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 10. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific measures to control sediment run-off, 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. G. STREETS * * * * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 2. 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. 3. 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. 4. 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 PAGE 10 OF RESOLUTION NO. 2005-22 * * include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 5. 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. 7. The applicant shall be responsible for the installation of curb, gutter, and sidewalk improvements along the site's entire frontage if deemed necessary by the City Engineer. 8. The applicant shall be required to construct ADA compliant handicap ramps where deemed necessary by the City Engineer. H. INFRASTRUCTURE * * * * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/ or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. 4. All run-off 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 system shall be required to complete a hydraulic study and make improvements to the system as required to handle PAGE 11 OF RESOLUTION NO. 2005-22 * * * * * * * the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 5. 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. 6. Any portion of the drainage system that conveys run-off from public streets shall be installed within a dedicated drainage easement, or public street. 7. 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. 8. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/ or easements for the construction of off-site temporary or permanent road and drainage improvements. 9. Electrical, gas, telephone, and Cable. TV services shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. At a minimum, drainage facilities for the site shall comply with the Best Management Practice Guide for Retail Gasoline Outlets as developed by the California Stormwater Quality Task Force. 13. The fuel dispensing area (Le., the area under the canopy that will be redeveloped after building demolition) shall be paved with Portland Cement with a 2 to 4 percent slope to prevent ponding and shall be separated from the rest of the site in terms of surface drainage by a grade break that prevents run-off of stormwater to and from the area. This fueling area under the canopy shall be designed to drain to a minimum 250 gallon dead-end catchment. PAGE 12 OF RESOLUTION NO. 2005-22 14. The fuel canopy shall be designed to not drain onto the Portland cement fuel dispensing area. 15. Except for the above described drainage system for the area under the canopy, the entire site shall be designed to drain into an oilj water separator filter prior to release into the storm drain system. The filtration device utilized shall be subject to review and approval by the Town prior to installation and shall be maintained by the operator of the service station. 16. Prior to issuance of a building permit, the applicant shall submit for the review and approval of the City Engineer/Clean Water Representative an Operation and Maintenance Plan for all permanent stormwater quality controls. The Operation and Maintenance Plan shall, at a minimum, address the following: a. A description of the permanent stormwater quality control(s), including an explanation of the control measure's objective (Le., targeted pollutant(s)), and implementation requirements; b. Instructions for inspection and effective operation and maintenance of the permanent stormwater quality control(s), including a minimum inspection and maintenance schedule; c. Instructions for documenting and reporting annually all inspections and required maintenance to the City Engineer/Clean Water Representative; d. A description of short- and long-term funding sources for ensuring implementation of the Operation and Maintenance Plan for the life of the project; e. Identification of the responsible person(s) for the implementation of the Operation and Maintenance Plan; f. A copy of any legal agreement(s) or other documentation that ensures the ongoing operation and maintenance of the stormwater quality control(s) for the life of the project; and, g. Annual certification that all operation and maintenance activities are in compliance with the approved Operation and Maintenance Plan. PAGE 13 OF RESOLUTION NO. 2005-22 This certification shall be completed and submitted by the responsible person(s) to the City Engineer/Clean Water Representative by July 1 of each year. 17. Prior to issuance of building permits for the project, the applicant shall submit documentation that all necessary State and County permits, required for construction of the facility, have been obtained. 18. Used water from the car wash shall be discarded into the Central Sanitary sewer system, not the storm drain system. I. MISCELLANEOUS 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. 2. As a part of the issuance of a demolition permit and/ or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/ owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/ are being recycled according to their recycling plan, or in an equivalent manner. 3. 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. PAGE 14 OF RESOLUTION NO. 2005-22 APPROVED by the Danville Planning Commission at a regular meeting on September 13, 2005, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Moran, Morgan, Osborn, and Condie Storer and Nichols Graham AP~VED AS TO FORM: V~&~ City Attorney. . ~~ h rman ft PAGE 15 OF RESOLUTION NO. 2005-22