HomeMy WebLinkAbout031-91RESOLUTION NO. 31-91
APPROVING THE APPEAL BY VALLEY WASTE MANAGEMENT AND OVERTURNING THE
PLANNING COMMISSION'S DENIAL OF LAND USE PERMIT REQUEST LUP
90-25 AND AUTHORIZING THE USE OF THE PROPERTY AS AN
EXCHANGE AREA FOR RESIDENTIAL REFUSE CONTAINERS
WHEREAS, Valley Waste Management filed an application for a Land Use Permit
to allow the temporary six month use of the 2.18 acre property as an exchange area for
residential refuse ~ontainers, to be operated by Valley Waste Management; and
WHEREAS, the A-2; General Agricultural District, requires approval of a Land Use
Permit prior to operation of the proposed land use; and
WHEREAS, the subject site is located at 2420 Camino Tassajara and is further
identified as Assessor's Parcel Number 207-061-020; and
WHEREAS, the Town Council has previously approved in concept the conduct of
the pilot program in the Camino Tassajara area, subject to approval of a Land Use Permit
for the exchange site; and
WHEREAS, the project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act section 15304, class 4(e), as the
project will result in a temporary use of the land having no permanent effects on the
environment; and
WHEREAS, .a staff report recommending approval of the project was submitted to
the Planning Commission; and
WHEREAS, the Planning Commission considered the item at their hearing of
January 8, 1991; and
WHEREAS, the Planning Commission hearing was duly noticed as required by all
provisions of the law; and
WHEREAS, the Planning Commission denied the Land Use Permit request because
of concerns related to incompatibility with surrounding uses, and possible traffic hazards
for vehicles on Camino Tassajara; and
WHEREAS, Valley Waste Management filed an appeal of the Planning Commission
Action on January 10, 1991; and
WHEREAS, the Town Council did review the project at a noticed public hearing
PAGE NO. I OF RESOLUTION 31-91
on February 5, 1991; now, therefore
BE IT RESOLVED, by the Town Council of the Town of Danville that the Town
Council finds the following in support of approval of the Land Use Permit request:
The Town Council has expressed support for the concept of the pilot
program operating at a location in the Camino Tassajara area.
The conduct of the pilot program is necessary to evaluate the efficiency and
benefits to the Town as a whole of automated WMS garbage collection
system.
3. The proposed project is consistent with the Danville 2005 General Plan.
The proposed land use is consistent with the A-2; General Agricultural
District.
The proposed land use will not be detrimental to the health, safety, and
general welfare of the Town.
The use will not adversely affect the orderly development of property or
encourage marginal development within the respective land use district in
which the subject property is located.
The use will not adversely affect the preservation of property values and the
protection of the tax base within the Town..
The use will not create a nuisance and/or enforcement problem within the
neighborhood; and, be it
FURTHER RESOLVED, the Town Council hereby approves the appeal, overturning
the Planning Commission's action denying the project, and approves the Land Use Permit
subject to the following Conditions of Approval.
CONDITIONS OF APPROVAL
(Note: * Indicates standardized conditions of approval)
This Land Use Permit allows the use of 2420 Camino Tassajara as an exchange area
for residential refuse containers. A maximum of nine in-and-out trips by garbage
collection trucks and three in-and-out trips by container transport vehicles may
utilize the site per day. The hours of operation shall be limited to 7:00 a.m. to 3:30
p.m. Mondays thru Fridays. Site planning shall be substantially as shown on the
plans labeled "Temporary WMS POD Exchange Area Site Plan", dated received by
PAGE NO. 2 OF RESOLUTION 31-91
10.
the Planning Division on December 26, 1990, except as may be modified by the
following conditions.
The applicant shall pay any and all Town and other related fees that the property
may be subject to. These fees shall be based on the current fee schedule in effect
at the time the relevant permits are secured.
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.
The applicant shall keep adjoining public streets free and clean of project dirt,
mud, materials and debris during the operation of the land use, as is found
necessary by the City Engineer.
The private access into the site shall be paved within 75' of the Camino Tassajara
right-of-way, in order to eliminate the potential of tracking of dirt and debris onto
the public street.
Any damage to street improvements done during use operation 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. Prior to activation of the
use, the applicant shall post a $ 10,000.00 surety to guarantee public street
pavement and improvements from potential damage due to the vehicular traffic to
be generated by this development. This guarantee shall remain in force until the
proposed use is terminated.
The garbage collection trucks and container transport trucks shall make their U-
turns from east to west bound on Camino Tassajara at Alta Vista Way.
The applicant shall provide street-side landscape screening of the POD exchange
area. Portable boxed trees may be utilized to screen the garbage containers from
Camino Tassajara.
Within the first four months of operation, the applicant shall execute sound studies
to evaluate the levels of noise, noise attenuation, and the range of the noise
generated by the pilot program. The noise studies shall be used to help evaluate
the appropriateness of possible future permanent exchange locations.
Prior to activation of the land use, the applicant shall work with Town staff to
develop a mitigation monitoring program. The program shall provide for the bi-
monthly inspection of the site by Town staff to verify the maintenance of the
garbage collection equipment in good condition. Of particular concern will be the
PAGE NO. 3 OF RESOLUTION 31-91
continued water-tight condition of the garbage containers.
11.
The applicant shall retain an appropriate specialist to evaluate the uses impact
related to possible rodent proliferation. Documentation of the study shall be
submitted to the Planning Division prior to completion of the first four months of
the land use.
12.
This Land Use Permit shall be valid for a period of six months from the initiation
of the Land Use activity. The Land Use shall begin as soon as possible and no later
than March 15th, and shall be terminated no later than September 15, 1991. The
applicant shall supply written documentation to the Town regarding the date of
project initiation. During any time during the effectiveness of this approval, the
approval shall be revocable for cause in accordance with sections 26-2.2022 and
418.4 of the Danville Zoning Ordinance, including if the permittee has caused or
permitted any public nuisance in connection with the use.
APPROVED by the Danville Town Council at a Regular Meeting on February 5, 1991, by
the following vote:
AYES: Greenberg, Lane, Ritchey, Schlendorf, Shimansky
NOES:
ABSTMNED:
ABSENT:
MAYOR
A ES
CITY CLERK
1~ ATTORNEY
adcz3
PAGE NO. 4 OF RESOLUTION 31-91