HomeMy WebLinkAbout059-88 Town Council Resolution 59-88
A RESOLUTION OF THE DANVILLE TOWN COUNCIL, DENYING THE APPEALS
FILED AND UPHOLDING THE PLANNING COMMISSIONS ACTION APPROVING
FINAL DEVELOPMENT PLAN PUD 87-3 FOR LOT 64 OF SD 6806 (COSTCO
WHOLESALE); AND, MAKING FINDINGS IN SUPPORT OF THE FINAL
DEVELOPMENT PLAN AND PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WHEREAS, Sections 65350 et seq. of the Government Code of the
State of California prescribe the procedure for adopting and
amending the Town's General Plan; and
WHEREAS, a study of the Fostoria Way Area was initiated by the
Town of Danville in 1985 in order to study land use alternatives
which might exist for the study area and with the purpose of
amending the Town's General Plan and zoning ordinance, if
necessary, to reflect the most appropriate land uses for the
Fostoria Way Area; and
WHEREAS, an environmental impact report for the Fostoria Way
Study General Plan Amendment (the "EIR") was prepared by the
Town of Danville pursuant to the California Environmental
Quality Act ("CEQA"); and
WHEREAS, the Town of Danville approved Resolution No. 20-86 on
March 17, 1986, certifying review and consideration of a Final
EIR, making findings with respect to significant impacts,
adopting a statement of overriding considerations pursuant to
section 15093 of the State CEQA Guidelines, and establishing
mitigation measures to alleviate or minimize the significant
environmental effects that might arise from amendment of the
General Plan for the Fostoria Way Study Area and the
construction of individual projects in accordance with the
General Plan Amendment; and
WHEREAS, the Town Council approved Resolution 21-86 on March
17, 1986, adopting a general plan amendment (GPA 85-2) and
initiating rezoning of the 66.6 acre Fostoria Way Study Area to
permit the development of single and multiple family residential
housing, commercial uses (including destination and service
retail and hotel/motel uses), and general open space; and
WHEREAS, following the adoption of Resolutions 20-86 and 21-86
by the Town of Danville, the City of San Ramon initiated the
only legal challenge to the adequacy of the EIR and to the
validity of GPA 85-2 by filing suit pursuant to CEQA Guidelines
Section 21167 in Contra Costa County Superior Court (the "San
Ramon Litigation"); and
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WHEREAS, the representatives of the Town of Danville, the City
of San Ramon and all of the real parties in interest to the
lawsuit held extended settlement negotiations over a period of
several months pursuant to CEQA Guidelines section 21167.8 and,
as a result, the parties executed the "San Ramon/Danville
Settlement Agreement" and "The Danville-Castle-Shilo Agreement"
on December 19, 1986 (which agreements are incorporated herein
by reference as though they were set forth in full) in order to
fully settle the San Ramon Litigation with respect to any legal
challenge to the EIR, the General Plan Amendment, or projects
undertaken in the Fostoria Way Area in accordance with the EIR
and GPA 85-2; and
WHEREAS, the San Ramon/Danville Settlement Agreement states,
in pertinent part, at paragraph 8 on page 5, "To the extent
required, amendment of G.P.A. 85-2 shall be recommended to
delete paragraph 5 on page 2 thereof concerning the requirement
for future traffic studies with regard to development projects
in the Fostoria Way General Plan Area and to provide for other
modifications, if any, as may be required by this Agreement and
the Shilo/Castle and Danville agreements"; and
WHEREAS, in light of the traffic mitigation measures for the
Fostoria Way Area required by the San Ramon/Danville Settlement
Agreement and Resolution 20-86, which sufficiently eliminate
adverse circulation impacts of individual projects to be
developed within the Fostoria Way Area, there presently exists
no need for further traffic studies on specific individual
development projects within the Fostoria Way Study Area; and
WHEREAS, the Danville Town Council approved Resolution 13-88
on February 18, 1988, amending GPA 85-2 by deleting paragraph 5
on page 2 thereof, in accordance with the San Ramon/Danville
Settlement Agreement and based upon present conditions and
needs; and
WHEREAS, in accordance with the Fostoria Way General Plan
Amendment, the Town Council adopted Ordinance 118 on May 18,
1987 rezoning the 66.6 acre Fostoria Way Study Area from A-2,
A-3, C-S2 and P-1 to P-l; and
WHEREAS, Ordinance 118 designated a specific range of
Destination Commercial uses which could occur within the
designated Commercial areas of the site including: hotel, motel,
catalogue showroom, large scale off price stores or wholesale
outlets for the general public, department store, automobile
dealerships, and specialty stores of a regional nature, and
approved a Preliminary Development Plan for PUD 87-3; and
WHEREAS, the Danville Planning Commission approved a Tentative
Map for SD 6806 on May 28, 1987, crea%ing a 15.77 acre
commercial site known as lot 64 of SD 6806; and 2C
WHEREAS, an application for Final Development Plan (PUD 87-3)
was properly filed by Fostoria Associates Ltd. in accord with
the rules and regulations governing the filing of such
applications; and
WHEREAS, the application was filed to allow construction of a
127,074 square foot Costco Wholesale store on an approximately
9.9 acre site on the north side of Fostoria Way on Lot 64; and
WHEREAS, the Planning Commission conducted a duly noticed
public hearing to consider the Final Development Plan on
February 22 and April 11, 1988; and
WHEREAS, the Planning Commission adopted Resolution 88-3,
(which resolution is incorporated herein by this reference),
approving Final Development Plan PUD 87-3 for Lot 64 of SD 6806
(Costco Wholesale); and making findings in support of the Final
Development Plan and pursuant to CEQA; by a vote of 5-0-1; and
WHEREAS, the Planning Commission action was appealed within
the time prescribed by ordinance by the City of San Ramon, the
Crow Canyon Country Estates, Crow Canyon Heights and Crow Canyon
Estates Community Associations, Mr. R. David Adamson, and Mr.
Paul Baldacci; and
WHEREAS, the Town Council conducted a duly noticed public
hearing to consider the appeals on May 2, 1988; and
WHEREAS, the Town staff has presented substantial factual
information regarding the appeal and proposed Final Development
Plan, including technical studies which were prepared to
supplement the information in the EIR, these being (1) the
Costco Fostoria Way Traffic Impact Study ("Traffic Study") (2)
an evaluation of the impact of Costco sales on existing retail
stores in the cities of Danville and San Ramon, and (3) a
Liquefaction Review for the Costco building; and
WHEREAS, the Town Council considered these technical studies,
as well as all public testimony and information presented during
the public hearing regarding the proposal; and
WHEREAS, the Traffic Study is based on traffic counts taken in
February, 1988 and updates 13 previous studies that addressed
traffic and land use in the region, and the Traffic Study
concludes that Costco will generate a significantly lower amount
of peak hour traffic than the amount envisioned in the EIR for
that portion of lot 64 that Costco will occupy and that the
cumulative impacts of full buildout of the region and of the
Fostoria Way Area (including Costco) will not result in
degradation of the traffic situation such that any impacted
intersections would experience conditions worse than Level of
Service "D", and
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WHEREAS, the Town Council reviewed and considered the
Environmental Impact Report prepared for the Fostoria Way Study
Area General Plan Amendment (G.P.A. 85-2) and has found and
determined that the EIR is adequate to satisfy the requirements
of (CEQA) and to serve as a "Program EIR" whose scope includes
the proposed project.
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF DANVILLE HEREBY
FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
A. The EIR prepared for the Fostoria Way Study Area General
Plan Amendment was certified by the Town of Danville on
March 17, 1986.
B. The Town of Danville adopted findings regarding the EIR
through adoption of Town Council Resolution No. 20-86
(which resolution is incorporated herein by this
reference), which included consideration of significant
environmental impacts, and project alternatives and
adoption of mitigation measures.
C. In Resolution 20-86, the Town adopted a Statement of
Overriding Considerations pursuant to section 15093 of
the State CEQA Guidelines, finding that implementation of
the project may have the following significant impacts
which are unavoidable: loss of agricultural land,
introduction of urban pollutants to storm flow, a
permanent change in the visual quality from a rural
setting to one of urban type structures, increased
traffic, increased noise levels, and demand for expansion
of the urban services network. The Town determined that
it was in the public's best interests to allow these
impacts to occur due to the following overriding
considerations: 1) The Project is in a highly urbanized
area where agricultural enterprise is no longer an
appropriate or compatible use of property; 2) all
surrounding properties have been removed from
agricultural production; 3) development of the Project
will contribute to the vitality of the community through
provision of services and revenues to the Town; and 4)
development of residential, particularly multiple family
residential, uses on the property will assist the Town in
providing needed housing stock partially satisfying goals
of the Housing Element.
D. The Town Council has determined that the Statement of
Overriding Considerations contained in Resolution 20-86
remains applicable and that, since the above-enumerated
benefits of the project outweigh its unavoidable adverse
environmental effects in that the location of a Costco
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Wholesale store on Lot 64 will provide important
community services, utilize the land in a manner
compatible with the surrounding area, and enhance Town
revenues, the unavoidable environmental impacts of the
project if any are acceptable.
E. Further technical studies, including (1) the Costco
Fostoria Way Traffic Impact Study, (2) an evaluation of
the Impact of Costco Sales on existing Retail Stores in
the cities of Danville and San Ramon and (3) a
Liquefaction Review for the Costco Building have been
prepared according to accepted professional standards in
order to determine whether or not substantial changes in
the project or in the circumstances under which the
project is undertaken have occurred since certification
of the EIR. All of these studies have been made
available to the public.
F. In consideration of the further technical studies cited
above, together with all of the public testimony
concerning the project and the extensive analysis
conducted by staff, the Town Council determines pursuant
to section 15162 of the CEQA Guidelines, that no
substantial changes in the project, or in the
circumstances under which the project is undertaken, will
occur which will either generate new significant
environmental impacts or which will require important
revisions to the EIR;
G. Consideration of the EIR prepared for the Fostoria Way
Study Area General Plan Amendment as a "Program EIR" that
is applicable to this project pursuant to CEQA Guidelines
Section 15168, and a determination that no supplemental
EIR is either appropriate or required are appropriate
based on the following findings:
1. Feasible mitigation measures and alternatives
developed in the EIR for the Fostoria Way Area
General Plan Amendment, as well as additional
project mitigation measures contained in Exhibit A -
Conditions of Approval attached hereto and
incorporated herein by reference), have been
incorporated into the project;
2. As demonstrated by the technical studies mentioned
above, changes in the project subsequent to
certification of the EIR do not require important
revisions of the EIR since they will not generate
potential significant environmental effects that
have not been mitigated;
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3. As demonstrated by the technical studies discussed
above, there have not been substantial changes with
respect to the circumstances under which the project
is undertaken which require important revisions of
the EIR; and,
4. No new information of substantial importance to the
project has become available which would require an
additional or supplemental EIR.
H. Having considered the Program EIR and all subsequent
environmental analysis, the Town Council of the Town of
Danville finds that with incorporation of mitigation
measures as specified in Town Council Resolution No.
20-86 and additional mitigation measures specified in
Exhibit A - Conditions of Approval, that the requirements
of CEQA have been satisfied with regard to the approval
of the Final Development Plan for the Costco Wholesale
project.
I. In light of the foregoing, the Town Council of the Town
of Danville hereby approves the Final Development Plan
(PUD 87-3) finds and determines as follows in support of
PUD 87-3:
1. The proposed planned unit development is consistent with
the Danville General Plan and the Preliminary Development
Plan approved by the Town Council on May 18, 1987 through
adoption of Ordinance 118.
2. The commercial development will produce a commercial
environment of sustained desirability and stability, that
will be in harmony with the character of the surrounding
community and will generate fewer potential environmental
impacts than other commercial projects permitted pursuant
to GPA 85-2.
3. Use of the site for a Costco Wholesale store was
contemplated by the Preliminary Development Plan and will
not be growth-inducing.
4. As demonstrated by the evaluation of the Impact of Costco
Sales on existing Retail Stores in the Cities of Danville
and San Ramon, the project's economic impacts will not
cause physical results or effects of environmental
significance.
5. The mitigation measures identified in the San
Ramon/Danville Settlement Agreement including, but not
limited to, cooperation between San Ramon and Danville
concerning the planning, funding and construction of the
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Fostoria Way overcrossing, contribution of the Shilo
property, and contribution of the first $300,000 in
Commercial T.I.P. fees actually collected from
development on the site to the Fostoria Way General Plan
Amendment Area, together with the mitigation measures
incorporated in Resolution 20-86, and the additional
project mitigation measures included in Exhibit A -
Conditions of Approval, will eliminate or sufficiently
minimize potential adverse impacts of the project or any
potential cumulative impacts of the project, and
4. The approval of Final Development Plan PUD 87-3 is in the
public interest.
PASSED, AND ADOPTED THIS 16th day of May , 1988 by
the following vote:
AYES: Councilmembers Greenberg, Jagger, Lane, Ritchey,
Schlendorf
NOES: Councilmembers None
ABSTENTION: Councilmembers None
ABSENT: Councilmembers None
M ayo~ ~/i ~/~
EXHIBIT A
CONDITIONS OF APPROVAL
FINAL DEVELOPMENT PLAN FOR LOT 64 SD 6806
COSTCO WHOLESALE
A. General
1. The development shall be substantially as shown on the
project drawings labeled Costco Wholesale, as prepared
by Douglas Mulvanny Architects dated 3/21/88 and marked
Exhibit "1" on file with the Planning Department except
as modified by the following conditions of approval.
2. The developer shall pay any and all City 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 permit is secured.
Notice should be taken specifically of the City's
Transportation Improvement Program (TIP) fee and the
drainage acreage fee as established by the Contra Costa
County Flood Control District.
3. Prior to the issuance of building permits, the
developer shall submit written verification that the
requirements of the San Ramon Valley Fire Protection
District and the San Ramon Valley Unified School
District have, or will be met.
4. If archeological materials are uncovered during any
construction or pre-construction activities on the
site, all earthwork within 100 feet of these materials
shall be stopped. The Town Planning Department shall
be notified, and a professional archeologist certified
by the Society of California Archeology and/or the
Society of Professional Archeology shall also be
notified. Site work in this area shall not recommence
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.
5. Construction and grading operations shall be limited to
weekdays (Mondays through Fridays) during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the City Engineer. The project developer
shall provide security fencing around the entire site
during construction of the project.
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B. Site Planning
1. Exterior lighting shall be of a design and placement so
as not to cause glare onto adjoining properties or
public streets. Lighting used after daylight hours
shall be adequate to provide for security needs. Wall
lighting around the entire perimeter of the building
shall be supplied to provide "wash" security lighting.
Photometrics shall be submitted to the Chief of
Planning for review and approval. Lighting fixtures
within the parking area and attached to the building
shall not exceed 20 feet in height. Street lighting
along Fostoria Way and lighting on the entry of the
building may exceed this height. The number, height,
design and location of light standards and other
exterior landscape or building lights shall be subject
to review and approval by the Design Review Board prior
to the issuance of building permits.
2. The location and screening of any pad mounted
transformers shall be subject to approval by the
Planning Department prior to the issuance of a building
permit. Generally speaking, such transformers shall
not be located between any street and the front of the
proposed building.
3. Shopping cart and platform cart storage shall be
provided at a ratio of one cart storage space per
parking space, and shall be conveniently located
throughout all parking areas. Final location for cart
storage shall be submitted for review and approval of
the Chief of Planning prior to issuance of a building
permit. All carts shall be collected at regular
intervals throughout the business day to avoid
accumulation within parking areas. Cart storage within
the parking areas after close of business shall not be
permitted, but rather shall occur along the front
(south) elevation of the proposed building or inside
the building.
4. Trash compactors and refuse containers shall be limited
to the number and locations shown on Exhibit 1. These
areas shall be screened through the use of masonry
enclosures which are architecturally compatible with
the main building. The design of the enclosures shall
reflect the dimensional criteria deemed acceptable by
the disposal collection agency, and shall incorporate
the use of a concrete apron in front of the enclosure
to facilitate mechanical pick-up service. Enclosure
design shall be subject to review and approval by the
Design Review Board.
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5. The project shall provide for the construction of
masonry walls consistent with Condition C.2 of the
Preliminary Development Plan for PUD 87-3 and Condition
B.7 (c) of Subdivision SD 6806, according to the
following standards:
a. A minimum $ foot high masonry wall shall be constructed
along the Camino Ramon frontage of the project. The
wall shall be minimum "single face" construction with
the split face side oriented toward Camino Ramon.
b. A minimum 8 foot high masonry wall shall be constructed
along the eastern property line adjacent to the
multiple family site, from Camino Ramon to Fostoria
Way. The wall shall be minimum "single face"
construction.
All walls shall be constructed of split face concrete
block with color and trim band to match the building.
Wall construction shall include an "offset" or
"stairstep" pattern as shown on Exhibit 2 (Preliminary
Landscape Plan) to create greater visual relief and
allow for landscape pockets on both sides of the walls.
6. No vehicular access to the site shall be provided from
Camino Ramon.
7. The project shall be provided with a safe and effective
bicycle and pedestrian circulation system which
encourages these modes of travel. This system shall
include access from Fostoria Way to the building entry,
adjacent to both sides of the main vehicular entry.
8. Future development of Parcels A, B and D is not
approved as part of this application, but shall be
reviewed and considered by the Town of Danville under
separate application(s).
9. Future development of Parcels A, B and D shall feature
architecture, parking, access, pedestrian circulation
and landscaping which are compatible with the
development of the subject property (Parcel C).
C. SITE ACTIVITIES
1. Hours of operation for this use shall be:
o Monday, Wednesday and Friday - Noon to 8:30 P.M.
o Tuesday and Thursday - 10:00 A.M. to 8:30 P.M.
o Saturday - 9:30 A.M. to 6:00 P.M.
o Sunday - 11:00 A.M. to 5:00 P.M.
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Expanded hours of operation may be permitted during the
months of November and December, as determined
acceptable to the Chief of Planning.
Costco may revise or expand these hours of operation if
such changes are consistent with similar changes
implemented on a chain wide or regional basis, and
provided that the Town is notified of any such changes
in advance. In no case shall operation commence prior
to 9:30 A.M. or extend beyond 9:30 P.M. In no case
shall the store open prior to 10 A.M. on Sunday.
2. Heavy truck traffic (tractor trailer) to the site shall
be scheduled from 7:00 A.M. to 3:00 P.M. on Monday
through Friday to the greatest extent possible. Truck
deliveries shall be scheduled as necessary to avoid
queing of trucks on or in close proximity to the site.
3. Use of trash compactors on site shall be limited to the
hours of 9:00 A.M. to 6:00 P.M. Monday through Saturday
and 10:00 A.M. to 6:00 P.M. on Sunday.
4. No outdoor sales or display of merchandise shall occur
on the site. Food vendors operating outside the
building are specifically prohibited unless approved
through a Conditional Use Permit granted by the Town of
Danville.
5. Outdoor storage of supplies, palette's, refuse (outside
of approved refuse container locations) containers and
other materials is specifically prohibited. If a
recycling center is proposed to be established on this
site, then its location, nature of operation, layout
and hours of operation shall be subject to separate
review by the Town.
6. A litter collection and sweeping program shall be
continuously maintained to prevent accumulation of
litter on and off site. The site including the
building, parking areas and landscaping shall be
maintained in proper condition at all times and shall
be free of litter, and graffiti. This shall be
assurred through execution of a maintenance agreement
for this purpose, acceptable to the Town. This
agreement shall permit the Town to have necessary site
maintenance undertaken at the expense of COSTCO or the
property owner of record if necessary.
7. Sweeping and cleaning of parking areas shall be limited
to 7:00 A.M. to noon, Monday through Friday.
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D. Landscaping
1. Landscaping for the site shall be substantially as
shown on the Preliminary Landscape Plan for the project
as prepared by Sampson Associates dated March, 1988 and
marked Exhibit "2" on file with the Planning
Department, except as modified by the following
Conditions of Approval.
2. The satisfactory installation of all landscape and
irrigation improvements shall be guaranteed by posting
a bond with the Town equal to 100% of the cost of
materials and installation prior to issuance of
building permits. The Town shall retain a qualified
third party licensed landscape architect at the expense
of the applicant to review construction drawings and
supervise installation. Landscape bond shall be
released upon satisfactory installation of all
landscaping, and completion of the third party review
and inspection.
3. Upon completion of landscape installation including,
plant material, irrigation and landscape, and prior to
issuance of Building Occupancy the licensed landscape
architect for the project shall submit a letter to the
Town certifying that all landscaping has been installed
per the approved final plans.
4. The satisfactory establishment and maintenance of all
landscape areas in healthy growing condition, including
plant material, and irrigation shall be guaranteed by
the developer of this project. This guarantee shall
include execution of a landscape maintenance agreement
acceptable to the Town and posting of a bond in an
amount equal to 20% of the installed cost of all
landscape and irrigation improvements for a period of
two years. Thereafter, this agreement shall permit the
Town to have necessary landscape maintenance undertaken
at the expense of COSTCO or the property owner of
record if necessary.
5. A Final Landscaping Plan, along with a cost estimate of
the work and materials proposed, shall be submitted for
review and approval by the Design Review Board and the
Planning Department prior to the issuance of a building
permit. Landscape and Irrigation Plans shall be signed
by a licensed landscape architect. Final Landscape and
Irrigation Plans shall indicate plant pallet with
common and botanical names, container and actual size
and growth rates.
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6. All plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growing condition. Emitters and low volume
bubble heads should be used in all parking areas.
7. All trees shall be a minimum of 15 gallon container
size and shall be double staked. A minimum of 50% of
all trees installed on site shall be 24-inch box
specimen size. Shrubs not used as ground cover shall
be a minimum of 5 gallons in size.
8. All landscaped areas not covered by shrubs and trees
shall be planted with live ground cover.
9. Parking areas shall be broken by interspersing trees in
raised landscape islands at a ratio of one island per
ten spaces. Tree wells shall be installed in areas
between landscape islands to further establish a canopy
of trees within the parking area. All landscape
islands shall have a minimum width of six feet. Tree
wells shall be a minimum of four feet by four feet.
10. A minimum of 20 feet of landscaped area shall be
provided along the Fostoria Way frontage between the
back of sidewalk and parking areas on site. Frontage
landscape treatment along Fostoria Way shall
substantially conform to the street beautification
standards adopted for Fostoria Way by the City of San
Ramon.
11. A substantial landscape buffer with an average depth of
35 feet and a minimum depth of 30 feet shall be
installed along Camino Ramon. The 8 foot high masonry
wall shall be located along the southern edge of the
landscape buffer to orient the greatest extent of
landscaping possible toward Camino Ramon.
12. A minimum 15 foot wide landscape buffer including
herming shall be provided along the eastern boundary of
Parcel C adjacent to the adjoining multiple family
site.
13. Additional 24 inch box trees shall be clustered in the
northeast corner of the site to screen loading dock
operations from adjoining multiple family and single
family residences.
14. Additional areas to be landscaped shall have the
following minimum dimensions:
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' A. 10 feet minimum width along the eastern boundary
of Parcel D, adjacent to the multiple family site;
B. 5 feet minimum along the eastern boundary of
Parking Area 3, adjacent to Parcel D;
C. 5 feet minimum along the western boundary of
Parking Area 2, adjacent to Parcel B;
D. 12 feet minimum along the building's western
elevation between the roof arcade at the southwest
corner and the tire change area;
E. 10 feet minimum along the building's eastern
elevation (excluding the loading ramp area);
F. 10 feet minimum along the building's northern
elevation.
15. All landscaped areas adjacent to the building shall
include betming and fast growing trees (which provide a
vertical canopy) in order to screen the building.
Trailing vines shall be provided in all areas where
trellises are proposed.
16. All trellises shall be substantially constructed and
attached to the building using minimum 6" by 6" posts
and beams. The detailed design of these structures
shall be subject to review and approval by the Design
Review Board. Along the building's south elevation,
where trellis support posts may come in contact with
shopping carts, additional protection shall be provided
around the base of posts.
E. 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 structure. The highest point of any roof
mounted equipment shall not extend above the top of the
equipment well. Screening for roof mounted mechanical
equipment shall be submitted for review and approval of
the Design Review Board.
2. The street number of the building shall be posted so as
to be easily seen from the street at all times, day and
night.
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3. Signing for the project is approved as shown on Exhibit
1. If additional signing is desired, a comprehensive
sign program shall be submitted to the Town for
consideration under a separate application. If
illumination of the sign is desired, the hours of
illumination shall be the hours of operation plus one
hour in the evening.
4. Prior to the issuance of a building permit, samples of
final colors and materials for the building and all
trim elements including trellises, doors, fascias,
gutters, downspouts, vents, columns, etc. shall be
submitted for the review and approval of the Design
Review Board.
5. No antennas, microwave or satellite receiving dishes or
other broadcasting or receiving devices shall be
permitted on the roof of the building. Any such ground
mounted equipment shall be visually screened according
to Town requirements. The location of such ground
mounted equipment shall be submitted for review and
approval by the Planning Department.
6. The split face block block exterior of the building
shall be treated with a transparent sealer to prevent
leaching or streaking on the face of the building. The
type of sealer and apBlication shall be reviewed and
approved by the Chief of Planning.
F. Parking
1. All parking spaces shall be double striped and provided
with wheel stops unless they are fronted by concrete
curbs, in which case sufficient areas shall be provided
beyond the ends of all parking spaces to accommodate
the overhang of automobiles.
2. Compact and handicap car spaces shall be clearly
designated with appropriate pavement marking and/or
signage.
3. All landscape islands and tree wells shall be bordered
by 4 inch concrete curb.
4. Minimum parking dimensions shall be as follows:
a. Standard spaces shall be a minimum of 9 feet by 19
feet with up to a 2 foot parking overhang
permitted;
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" b. Compact spaces shall be a minimum of $ feet by 16
feet with up to a 1.5 foot overhang permitted;
c. Aisle widths shall be a minimum of 24 feet;
d. A maximum of 30% of the project parking spaces may
be sized for compact cars.
5. The main project entry from Fostoria Way shall provide
for a single inbound lane onto the site and individual
right and left turn lanes onto Fostoria Way.
6. Parking Area 5 shall be designated and signed for use
as an "employee only" parking area.
7. Prior to issuance of a final occupancy permit for the
building, the developer shall submit to the Town, for
review and approval, a recordable copy of an agreement
or easement(s) which provides for the following:
a. Reciprocal ingress and egress through and between
the Danville Inn site and the Fostoria Associates
site including future Parcels A, B, C and D;
b. Provision for use of no less than 45 standard size
parking spaces on future Parcels A and B ~/~;
to be conveniently located and for the use of the
Danville Inn;
c. Provision for joint maintenance of all access and
parking areas within future Parcels A, B, C and D.
8. The parking and driveway surfacing shall be asphalt
concrete paving. The City Engineer shall review the
project~s Soils Engineer's structural pavement design.
The developer shall, at his sole expense, make tests of
the soil over which the surfacing and base is to be
constructed and furnish the test reports to the City
Engineer.~ The developer's Soils Engineer shall
determine a preliminary structural design of the road
bed. After rough grading has been completed, the
developer shall have soil tests performed to determine
the final design of the road bed.
9 Truck access to the site shall occur at the eastern
entry to the site opposite Camino Ramon and shall be
signed for loading and receiving. The other access
points shall be signed prohibiting truck access or
deliveries. Further truck and delivery access may be
allowed with the development of Parcel A.
G. Grading
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1. A Grading and Drainage Plan shall be prepared and shall
be submitted for review and approval by the City
Engineer. Calculations (hydraulic) shall be prepared
by the developer for review by the city Engineer to
determine the sizing of drainage lines.
2. Any grading on adjacent properties will require written
approval of those property owners affected.
3. Areas undergoing grading, and all other construction
activities shall be watered, or treated with other dust
control measures to prevent dust. These measures shall
be approved by the Chief Building Official and employed
at all times as conditions warrant.
4. Where storm water flows against a curb, a curb with
gutter shall be used. The flow line of all asphalt
paved areas carrying waters shall be slurry sealed at
least three feet on either side of the center of the
swale.
5. Grading shall be completed in compliance with a
detailed soils report and the construction grading
plans prepared for this project. The soils report
shall contain specific recommendations for foundation
design of the building. The engineering
recommendations outlined in the project specific soils
report shall be incorporated into the design of this
project.
6. Where soil or geologic conditions encountered in
grading operations are different from that anticipated
in the project specific soils report, or where such
conditions warrant changes to the recommendation
contained in the original report, a revised Soil and/or
GeologicReport shall be submitted for approval by the
City Engineer, It shall be accompanied by an
engineering and geological opinion as to the safety of
the site from hazards of soil expansion, liquefaction,
settlement, or seismic ground shaking.
H. Streets and Parking Areas
1. The developer shall obtain an encroachment permit from
the Engineering Department prior to commencing any
construction activities within any public right-of-way
or easement.
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~' 2. All street signing shall be installed by the developer
as required by the City. This shall include, but is
not necessarily limited to "Stop," "No Parking," "Not a
Through Street," and street name signs. Traffic signs
and parking restriction signs shall be approved by the
Police Department and Planning Department.
3. The developer shall keep adjoining public streets free
and clean of project dirt, mud, materials and debris
during the construction period, as is found necessary
by the City Engineer. The developer shall be
responsible for corrective measures at no expense to
the Town.
4. Handicapped ramps shall be provided and located as
required by the City Engineer.
5. This development shall be provided with a safe and
effective circulation system for bicycles and
pedestrians. These facilities shall be designed and
installed to the satisfaction of the City Engineer and
shall be separated from vehicular traffic wherever
possible.
6. 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 developer. This
shall include slurry seal, overlay or street
reconstruction if deemed warranted by the City
Engineer.
7. This project shall be responsible for all public
improvements abutting this lot as follows:
a. Construction of the northerly one-half of Fostoria
Way from Camino Ramon to Crow Canyon Place
including street paving, curb and gutter, street
lighting, sidewalk and center traffic median with
landscaping.
b. Construction of the full street section of Crow
Canyon Place (40 feet of pavement centerline-to-
centerline, within 60 foot ROW) from Fostoria Way
northerly with street paving, curb and gutter,
sidewalk, and street lighting (sidewalk may be
excluded along the frontage of Lot 65, of
Subdivision 6806, the Danville Inn site).
8. A 24-foot wide emergency vehicle roadway including
access control gates shall be constructed connecting
Camino Ramon with Crow Canyon Place in accordance with
criteria to be provided by San Ramon Valley Fire
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Protection District, the City Engineer and the Danville
Police Department prior to building occupancy.
9. This development shall be responsible for a portion of
traffic signalization costs at Fostoria Way/Camino
Ramon and Fostoria Way/Crow Canyon Place based upon the
following percentages:
Fostoria/Camino Ramon ........ 50%
Fostoria/Crow Canyon Place ..... 50%
10. All improvements within the right-of-way, including
curb, gutter, sidewalks, driveways, paving and
utilities, shall be constructed in accordance with
approved standards and/or plans.
11. Prior to filing for building permits, precise plans and
specifications for street improvements, grading,
drainage (including size, type and location of drainage
facilities both on and off site) and erosion and
sedimentation control shall be submitted and subject to
the approval of the City Engineer and Building
Official.
12. The developer shall enter into an Improvement Agreement
with the City for all public improvements. Complete
improvement plans, specifications, and calculations
shall be submitted to, and reviewed by, the City
Engineer and other affected agencies having
jurisdiction over public improvements prior to
execution of the Improvement Agreement. Improvement
plans shall show the existing and proposed improvements
along adjacent public street(s) and property that
relate to the proposed improvements. All required
securities shall be submitted to, and approved by, the
Town and affected agencies having jurisdiction over
public improvements, prior to execution of the
Improvement Agreement.
13. Both sides of the driveway on the south (front) side of
the building shall be red-stripped and signed "No
Parking-Fire Lane" to prohibit parallel parking. The
entry roadway from Fostoria Way to the building shall
be signed "No Parking or Stopping".
14. The proposed crosswalks at the intersection of the
entry roadway and the building entry (as shown in
Exhibit 1) shall be constructed utilizing stamped or
textured concrete, pavers or a similar material,
subject to review of the Planning Department.
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I. Infrastructure
1. Water supply service shall be provided by the East Bay
Municipal Utility District in accordance with the
requirements of the District.
2. Sewer disposal service shall be provided by the Central
Contra Costa Sanitary District 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
District.
4. All storm water run-off shall be collected and conveyed
via an approved drainage system to the nearest approved
downstream facility.
5. Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain facility,
or as approved by the City.
6. Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe.
7. Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways.
8. Any portion of the drainage system that conveys runoff
from public streets shall be installed within a
dedicated drainage easement, or public street.
9. If a storm drain must cross a lot, or be in an easement
between lots, the easement shall be equal to or at
lease double the depth of the storm drain.
10. The developer shall comply with all relevant
requirements of the Contra Costa County Flood Control
District.
11. The developer 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.
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12. All utilities required to serve the development shall
be installed underground.
13. All public improvement plans shall be prepared by a
licensed civil engineer.
Approved by the Town of Danville Council on/M~y 16, 1988
~~~ Planning
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