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HomeMy WebLinkAbout105-96RESOLUTION NO. 105-96 DENYING THE APPEAL BY SAVE OUR DANVILLE CREEKS AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A MITIGATED NEGATIVE DECIakRATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF A MINOR SUBDIVISION MS 855-96 AND DEVELOPMENT PLAN DP 96-10 ALLOWING FOR THE DEVELOPMENT OF A 66,860 +/- SQUARE FOOT SELF STORAGE FACILITY (APN: 206-010-050 -- WRIGHT) WHEREAS, John Wright (Applicant/Owner) has requested approval of a Minor Subdivision and Development Plan to allow the subdivision of a 5.21 +/- acre parcel into four new parcels and the development of an approximately 66,860 square foot self storage facility; and WHEREAS, the subject site is located near the southeast corner of Camino Tassajara and Tassajara Ranch Drive, on the south side of West Alamo Creek and is further identified as Assessor's Parcel Number 206-010-050; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan request prior to development of the site; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative parcel map prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 9, 1996; and WHEREAS, the Planning Commission did unanimously approve the Minor Subdivision and Development Plan request; and WHEREAS, an appeal of the Planning Commission's approval by Save our Danville Creeks was submitted to the Town; and WHEREAS, the Town Council did review the project at a noticed public hearing on September 3, 1996; and PAGE I OF RESOLUTION NO. 105-96 WHE~, 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 Town Council approve the request; and WItEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Danville Town Council denies the appeal and approves the grant of a Mitigated Negative Declaration of Environmental Significance and approves the Development Plan DP 96-10 and Minor Subdivision requests per the conditions contained herein, and makes the following findings in support of these actions: Development Plan: I. The development plan will not be detrimental to the health, safety, and general welfare of the Town. . The development plan will not adversely affect the orderly development of property within the Town. . The development plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. o The development plan will not adversely affect the policy and goals as set by the General Plan. . The land use will not create a nuisance andXxor enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. . Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies PAGE 2 OF RESOLUTION NO. 105-96 of the General Plan. . The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. . The design of the subdivision and the type of associated improvements will not likely cause serious public health problems. , 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. , 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 issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL . This approval is for a Minor Subdivision and Final Development Plan request to allow for the development of an approximately 66,860 square foot self storage facility. The site is located near the southeast corner of Camino Tassajara and Tassajara Ranch Drive, on the south side of West Alamo Creek and further identified as Assessor's Parcel Number 206-010-050. Development shall be substantially as shown on the project drawings as PAGE 3 OF RESOLUTION NO. 105-96 follows, except as may be modified by conditions contained herein; a. Vesting Tentative Parcel Map and Final Development Plan labeled "MS 855-96," as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on June 21, 1996. b, Detail drawing of the entry road and bridge area labeled "Development Plan DP 96-10 Entry Road Plan," as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on June 21, 1996. C. Preliminary Landscape Plans consisting of a Planting Plan, Section Drawing of proposed landscaping on the southern slope area, and detailed plan of the project's entry area, as prepared by Gates and Associates and dated received by the Planning Division on June 20, 1996. d, Preliminary Architectural Plans and Floor Plans labeled" Danville Self Storage," consisting of two sheets, as prepared by Cubix Construction Co. and dated received by the Planning Division on June 21, 1996. e, Site Section labeled "Section Looking North Through Adjacent Single Family Homes," as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on May 1, 1996. f. Monument Sign detail, dated received by the Planning Division on June 12, 1996. , The applicant shall pay or 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. Notice should be taken specifically of the Town's Tassajara Area Transportation Impact Fee, Assessment District Reapportionment, Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. , 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 PAGE 4 OF RESOLUTION NO. 105-96 SRVFPD's initial comments on this project are summarized in part in their memorandum dated May 22, 1996. . Within 10 days of approval of the project, the applicant shall submit to the Town of Danville, fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300. . In the event that subsurface archeological remains are discovered during any construction or pre~construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. . Construction activity shall be restricted to the period between the weekday hours of 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. . The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. . The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. . A wateringprogram 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 oJ~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 PAGE 5 OF RESOLUTION NO. 105-96 discontinued during high wind periods. 10. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 11. Prior to commencement of any site work, a construction parking plan shall be submitted for review and approval by the Planning Division. The project's road system and/or sufficient on-site paved areas shall be installed prior to construction of the self storage facility to accommodate the parking of all construction related equipment on-site. B. SITE PLANNING Xo All project lighting shall be installed in such a manner that glare is directed away from surrounding properties and right-ojCways. Lighting shall be of the minimum necessary intensity needed for security and, except for the entry area, shall only be located within the interior of the facility. The light type, location, and intensity shall be consistent with the photometric study and lighting cut sheet, as prepared by Belden Engineering;, on file with the Planning Division. . 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 pursue necessary easement rights, or a title agreement, from the owner of Parcel A of MS 860-90, to allow the use of the southwest corner of the proposed project entry road and Camino Tassajara for the installation of the proposed entry landscaping and monument sign. . Facilities shall be provided to prevent public vehicles from using the flood control access roads while allowing pedestrian access to the road/trail. PAGE 6 OF RESOLUTION NO. 105-96 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. . All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. . 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. . 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. . All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Six willow trees, as shown on the project plans, are authorized to be removed to accommodate the construction of the arch bridge. . The applicant shall plant the rear slope, between the building and the southern property line, with fast growing, minimum 15 gallon size, trees, as shown on the previously referenced landscape plans. The applicant shall prepare a pallet of acceptable tree species (subject to review by the Planning Division) and the exact type and location of tree plantings shall be selected with input from the most directly affected adjacent property owner. The overall number of trees planted shall be consistent with the approved landscape plan. . The landscape plans shall be modified as necessary to maintain a minimum 21 foot wide clear area along the flood control maintenance road on the west side of the project entry (i.e., no large trees should be planted in this area). D. ARCHITECTURE 1. All ducts, meters, air conditioning and/or any other mechanical equipment PAGE 7 OF RESOLUTION NO. 105-96 whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. , 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. Gates will 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 and located. 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 street number for the facility shall be posted so as to be easily seen from the street at all times, day and night. . Colors and materials for the facility shall be as shown on the colors and materials board on file with the Planning Division. Colors include varying shades of tan for the building walls, white for the window trim, navy blue roll- up doors, and teal wrought iron gates. , Internal lighting for the monument sign shall be of the minimum intensity necessary to adequately illuminate the sign, as determined by the Planning Division. The background of the sign shall be internally screened so as to be less translucent than the sign letters. 6. The color of the "Self Storage" lettering on the monument sign shall be an off- white color, subject to review and approval by the Planning Division. . A minimum of four trellis structures, consistent with the approved trellis structures on the northwest side of the building, shall be installed along the building's exterior south wall. E. PARKING * 1. 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. PAGE 8 OF RESOLUTION NO. 105-96 F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. $ . 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 Deparnnent, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. , Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations f or foundation design of the proposed buildings. In addition, the report shall specifically address theproposed fill slopes adjacent to West Alamo Creek and make recommendations to assure the stability of these slopes. These slopes shall be compacted to at least 90 percent. . Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. . All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) 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 PAGE 9 OF RESOLUTION NO. 105-96 traps, silt fencing, pad berming and other techniques to minimize erosion. . All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. , All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. o Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. , If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal, state, and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 10. 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 (ECP) and Storm Water Pollution Prevention Plan (SWPPP). 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. . 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. PAGE 10 OF RESOLUTION NO. 105~96 . All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. . Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. . All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. The proposed four and one half foot wide sidewalk over the creek crossing, between the subject parcel and Camino Tassajara, shall be increased in width to six feet. . Handicapped ramps shall be provided and located as required by the City Engineer. . Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a&b. . Cross access easements between Parcels C & D shall be established over the entire entry road, parking stalls, and all paved areas within the facility. . An access easement shall be granted to the Contra Costa County Flood Control District across the entry drive to allow access to the flood control maintenance road. 10. A minimum 15 foot wide public access easement shall be established along the top of bank through the entire project. In addition, a public access easement shall be established over the entire creek crossing north to Camino Tassajara. Pedestrian access to the trail easement to be located on the west side of the entry road should be blocked. PAGE 11 OF RESOLUTION NO. 105-96 11. The developer shall improve the entrance of this subdivision at Camino Tassajara with the installation of a proper curb return and handicap ramp as well as a concrete curb and gutter along the west side of the entry drive. 12. The applicant and staff shall work with the San Ramon Valley Fire Protection District to minimize the size of the access road which is located on the east side of the entry road. If reduced in size, the road shall be kept as far away from the creek as possible. H. CREEK MITIGATION o All development, except for the previously approved creek crossing, shall be kept outside of the creek riparian area, as defined by the Department of Fish and Game. Prior to development of the site, this area shall be staked to delineate the exact location of this line. . Prior to construction of the bridge or the self storage facility, documentation shall be submitted to the Town to show that all appropriate permits or waivers from the California Department of Fish and Game, U. S. Army Corps of Engineers, State Regional Water Quality Board, and U.S. Fish and Wildlife Service have been obtained. Any mitigation measures established as part of these permits shall be implemented as required. . The applicant shall replace the approximately O. 10 acre of riparian habitat to be removed for the road crossing by planting an approximately 0.60 acre area with native riparian trees and shrubs. The mitigation site is located immediately downstream on the project site where woody riparian vegetation is currently not present. . Erosion and siltation of the stream channel shall be minimized by limiting channel disturbance to the location of the bridge and its approaches, and permanently stabilizing all exposed soils at the completion of the construction phase. . Construction equipment shall not work within the creek bed. All construction work by the equipment shall occur from above the creek. 6. Water present in the stream bed at the time of construction shall be diverted to prevent degradation of water quality during construction. PAGE 12 OF RESOLUTION NO. 105-96 Io 0 Parcels A & B shall be offered as a dedication to the Contra Costa County Flood Control District upon recordation of the Parcel Map. The applicant shall document that the offer of dedication has been submitted prior to issuance of building permits for the project. The applicant shall comply with all requirements of the Flood Control District. INFRASTRUCTURE lo 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 EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated May 15, 1996. . All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. . 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 (CCCFC & WCD). . All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. 0 All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. . 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. 7. Any portion of the drainage system that conveys runoff from public streets PAGE 13 OF RESOLUTION NO. 105-96 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 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. 10. 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. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. At the storm drain systems point of discharge into the creek, an outfall energy dispersion technique shall be utilized. Details of the system shall be included as part of the project's improvement plans and shall be subject to review and approval by the Town and the Flood Control District. J. 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. , Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant 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 PAGE 14 OF RESOLUTION NO. 105-96 Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. . Pursuant to Government Code section 66474.9, the applicant (including the applicant 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 and Minor Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 4. All storage units shall be designed to contain spills within the unit and to not flow out into the paved yard area. . The site superintendent shall keep hazardous waste clean-up materials on the site at all times. For example, absorbent products, such as Grease Sweep, shall be used immediately if a hazardous waste substance spills or leaks. No spills or leaks shall be directed to the storm drain. This clean-up debris and material shall be collected and properly stored until it is disposed of as a hazardous waste. 6. Exterior metal building materials shall be coated with rust inhibitive paint to prevent corrosion and release of metal contaminants into the storm drain system. 7. All storm drains shall be marked with the Town's 'No polluting - Drains to Creek "logo prior to opening to the public. 8. All waste storage areas or bins shall be covered and bermed or graded to prevent run-on of storm water. , The project developer shall ensure that there is regular litter/debris control and the parking lot shall be vacuum swept on a regular basis. 10. No outdoor vehicle/equipment maintenance activities shall be allowed on- site. PAGE 15 OF RESOLUTION NO. 105-96 APPROVED by the Danville Town Council at a Regular Meeting on September 3, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Greenberg, Shimansky, Arnerich, Doyle, Waldo None None None ~ ~L~ .eo- 11 &....,-- MAYOR 1i..PROVED AS TO FORM: / i-&rl;J 11 ~) CIlY ATTORNEY 0 ATTEST: CIlY CLERK adcz54 PAGE 16 OF RESOLUTION NO. 105-96