HomeMy WebLinkAbout130-96RESOLUTION NO. 130-96
DENYING THE APPEAL OF THE PLANNING COMMISSION' S APPROVAL OF,
LAND USE PERMIT REQUEST LUP 96-31 AND A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR THE INTERSTATE
680/SYCAMORE VALLEY ROAD PARK & RIDE FACILITY
WHEREAS, the Town of Danville owns real property located at the northeast corner of the
intersection of Sycamore Valley Road and Interstate 680; and
WHEREAS, the Town, as lead agency, submitted a request for a Land Use Permit for a 246 space
park & ride facility to be constructed on its property along with modifications to the northbound on-
and off-ramps of Interstate 680 at Sycamore Valley Road; and
WHEREAS, on September 10, 1996, the Planning Commission held a noticed public hearing at
which the Commission heard public testimony, and received written comments concerning the request
for Land Use Permit as well as a Mitigated Negative Declaration of Environmental Significance; and
WHEREAS; the Planning Commission after considering all public testimony and written comments
approved Resolution 96-42, adopting the Mitigated Negative Declaration and approving Land Use
Permit 96-31 (LUP 96~31) for the Interstate 680/Sycamore Valley Road Park & Ride Facility at their
September 10, 1996 regular meeting; and
WHEREAS, an appeal of the Planning Commission decision has been filed by James Klinkner and
Andy Weiss, et al, expressing concerns relative to the potential impacts of the project, the
environmental review process and the need for the proposed Park & Ride Facility; and
WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal and
approve the Mitigated Negative Declaration and Land Use Permit (LUP 96-31); and
WHEREAS, a notice of public hearing has been sent the addresses shown on the appeal and to
residents within 300 feet of the proposed project and published in a local paper; and
WHEREAS, the Town Council did consider the appeal at a noticed public hearing on October 1,
1996, hearing and considering all public testimony, reports, recommendations submitted in writing
and presented at the hearing concerning the appeal of the Planning Commission approval;
now, therefore, be it
RESOLVED that the Town Council of the Town of Danville hereby denies the appeal of Planning
Commission Resolution 96-42, and approves the Mitigated Negative Declaration and LUP 96-31 for
the proposed project subject to the conditions of approval contained therein and makes the following
findings in support of this action:
.
That the proposed conditional land use will not be detrimental to the health, safety and
general welfare of the Town. The changes to the northbound on- and off-ramps from 1-680
along with the restriping of traffic lanes on the Sycamore Valley Road bridge will improve
traffic safety in the area. Because of the physical distance of the project from the nearby
residential neighborhood, the complete lack of physical access from Laurel Drive to the
project and the mitigations imposed on the project, the project will have no detrimental effects
on the Town.
.
That it shall not adversely affect the orderly development of property within the Town. The
subject property was identified as a potential park and ride site in the 1980's and was
purchased for that purpose. Because of the property's location immediately adjacent to 1-680
and it's limited access, it is not well suited for other types of development. There is no
evidence that the project will have any impact on development of any adjoining properties
within the Town of Danville.
.
That it shall not adversely affect the preservation of property values and the protection of the
tax base within the Town.
.
That it shall not adversely affect the policies and goals as set by the Danville 2005 General
Plan. The project is in fact consistent with and contemplated in the General Plan, specifically
the circulation element of the General Plan which identifies this property as the site of a park
and ride facility.
.
That it shall not create a nuisance and/or enforcement problem within the neighborhood or
community. As a condition of approval, the Town will abandon all access rights to the
property from Laurel Drive. In addition, the approved design of the project requires a solid
wall with no openings along the entire perimeter of the site facing the Laurel Drive
neighborhood. This means that the only access to the site will be from Sycamore Valley
Road, with no access to the existing neighborhood. The project will be lighted and designed
in a manner to allow for safe use by patrons and police enforcement. The California Highway
Patrol and City of Walnut Creek both report no increase in crime associated with the park and
ride lot at Rudgear Road and 1-680.
.
That it shall not encourage marginal development within the neighborhood. With the
exception of vacant commercial property on Camino Ramon, there are no undeveloped
properties in the vicinity of the project. There is no evidence that development of the park
and ride will affect the development of this vacant parcel.
.
That special conditions or unique characteristics of the subject property and its location or
surroundings are established. The property is surrounded by 1-680, Sycamore Valley Road
and the Iron Horse Trail, with limited access. These conditions significantly limit the
development potential of the property but also make it ideally suited for a park and ride
commuter facility.
PAGE 2 OF RESOLUTION NO. 130-96
,
Community need has been demonstrated for the project in order to accommodate use of
carpools and maximize the use of high occupancy vehicle lanes on 1-680
.
The Town Council has used its independent judgement in reviewing and considering the draft
Mitigated Negative Declaration of Environmental Significance.
10.
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, as revised and
subject to the mitigations listed in the Mitigated Negative Declaration, will have a significant
adverse effect on the environment.
11.
Pursuant to Section 21081.6 of the Public Resources Code, a mitigation monitoring and/or
reporting program has been adopted, as incorporated in the conditions of project approval
included herein, in order to mitigate potentially significant impacts on the environment.
12.
The design of the proposed project and improvements are not likely to cause substantial
environmental damage or subsequently injure fish or wildlife or their habitat.
13.
The design of the proposed project and proposed improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within the
proposed project.
PAGE 3 OF RESOLUTION NO. 130-96
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 draft
Mitigated Negative Declaration of Environmental Significance prepared for the project.
A. GENERAL
.
This approval is for a Land Use Permit request and Mitigated Negative Declaration.
The subject site is located near the northeast corner of the intersection of Sycamore
Valley Road and Interstate 680, located on the north side of the intersection of
Sycamore Valley Road and Camino Ramon, being further identified as Assessor's
Parcel Numbers 216-061-001 and 216-043-001. Development shall be substantially
as shown on the project preliminary design labeled "Proposed Interchange and Park
& Ride Layouts", except as may be modified by conditions contained herein:
.
The applicant is exempt from any and all Town and other related fees that the
property may be subject to.
.
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
have been, or will be, met.
.
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.
o
If buried cultural materials are encountered during construction, all work in that
area must halt until a qualified archaeologist can evaluate the nature and
significance of the finds. (Measure # 11)
6.
Construction operations shouM not occur between 7 P.M. and 7 A.M. or on
weekends or holidays in the vicinity of residential areas. All construction equipment
shouM be required to conform to the provisions in Section 7-1. O1 of the latest
editions of Caltrans Standard Specifications to minimize noise from construction
PAGE 4 OF RESOLUTION NO. 130-96
g.
.
activities. 7his includes maintaining equipment mufflers in proper operating order.
(Measure #8)
,
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.
10.
Good dust control practices shouM be employed to minimize or avoid potential
exceedances ('violations) of the particulate matter (PMlo) air quality standard during
construction. These practices include, but are not limited to:
~o
Water disturbed (graded or excavated) surfaces as necessary,
increasing frequency when weather conditions require.
,
Water disturbed areas to form a compact surface after grading and
earthworking.
3. Use chemical dust suppressants when watering is not sufficient.
.
Limit areas to be cleared to facilities required for the project and
necessary equipment and materials stockpile areas.
5. Erosion control planting of exposed areas.
6. Incorporate standard erosion
contract.
(Measure #6)
control measures as part of the
A watering program which incorporates the use of a 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.
11. All physical improvements shall be in place prior to use of the facility.
SITE PLANNING
J,
Lighting shouM be directed away from residential or public areas. Ihe lighting
shouM be of a style and power that wouM generate the least amount of glare
possible. In conjunction with the landscape plan, a lighting plan shouM be
PAGE 5 OF RESOLUTION NO. 130-96
developed (Measure #13) to screen lighting from adjacent neighborhoods and in
consultation with the adjacent neighborhoods. No light shall spill onto the
neighborhood.
8¢
.
Any on-site wells and septic systems shall be destroyed in accordance with Contra
Costa County Health Services Department Environmental Health Division
regulations. Environmental Health Division permit and inspections for this work shall
be obtained.
,
The elevation of the new northbound diagonal on-ramp shall be designed to
approximately match the existing ramp elevation, and provide similar shielding
between the freeway and adjacent land uses. This will provide continued shielding
of Interstate 680 traffic noise to adjacent properties. (2?leasure # 7)
.
The design for Sycamore Valley Road shall implement the bicycle lanes that are
specified in the Townwide Trails Master Plan.
.
The landscaping plan, lighting plan, wall design, and bus shelter design shall be
submitted to the Design Review Board for review and approval. The fence along the
eastern boundary of the proposed project shall be constructed from masonry material
and shall be the standard design as constructed on Camino Ramon.
C. LANDSCAPING
.
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.
.
A landscaping plan shouM be prepared for the project which emphasize the use of
drought-tolerant, native plant species. Native trees protected by Danville's tree
ordinance that are removed during construction of the project shouM be replaced
with minimum 15 gallon box size Oak Trees, at a ratio of three replacement trees for
each tree removed (3:1 replacement ratio). (Measure #10)
.
The landscape plan shouM consider the Iron Horse Trail, and shouM be compatible
with or enhance the public's use and enjoyment of the trail. (Measure #15)
.
Prior to construction, a landscaping plan shouM be developed that includes berms,
native drought resistant trees, vines (similar to the South Broadway Extension), and
plants and other features that wouM help screen the available views of the freeway
and interchange (Measure #12) and to screen the masonry wall. Staff shall consult
with the adjacent neighborhood about screening the project from view by the use of
landscaping and about preserving rear yard views.
PAGE 6 OF RESOLUTION NO. 130-96
.
.
.
.
.
10.
11.
12.
13.
All plant material shall be served by an automatic underground irrigation system and
maintained in a healthy growing condition. Irrigation shall comply with Town of
Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed
to avoid runoff and over spray. Proposed common maintenance lawn areas within the
project shall not exceed a maximum of 25 percent of proposed common landscaped
areas.
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.
Except as noted below, all existing trees on the site shall be preserved to the extent
practical which shall include but not be limited to reasonable modifications to curb,
paving, and medians. Removal will be allowed only upon prior written approval from
the Planning Division.
This approval authorizes removal of trees on the site as shown in the Mitigated
Negative Declaration and as detailed (and numbered). A total of 10 protected trees
are authorized for removal. Trees approved for removal are 3 Valley Oak trees (tree
numbers 7, 9, and 10) six Costal Live Oaks (numbers 11, 12, 13, 20, 23, and 26) and
one Sycamore tree (number 17). In addition to the protected trees, numerous walnut,
Lombardi Poplar, Eucalyptus may be removed.
The final design of the project shouM avoid to the extent feasible the trees designated
in Table 5-1 of the Negative Declaration to be saved. Mature native trees which are
to be retained should be protected from construction-related activities. Native trees
not directly affected by the project shouM be protected during construction by
clearly marking or fencing the dripline of the trees to prevent compaction of soils in
their root zones. All grading, trenching, or other disturbance shouM be restricted
to outside the tree canopy. (Measure #9)
Incorporate replacement planting and measures to avoid existing trees as identified
in Section 5.2.1 of the Mitigated Negative Declaration. (Measure #14)
All trash and refuse shall be contained within enclosures architecturally compatible
with the project architecture.
If signing for the development is desired, in addition to any signs approved as part of
this application, a comprehensive sign program shall be submitted to the Town for
consideration under a separate application.
PAGE 7 OF RESOLUTION NO. 130-96
D.
$
E.
F,
14.
All landscaping and irrigation improvements along the project frontage, to be
maintained by the Town, shall be designed to meet the Town of Danville design
specifications.
15. Fencing shall restrict access except at the main entrance.
16.
A telephone shall be included in the project. The telephone shall be for outgoing calls
only and shall be located near the entrance of the proposed project near the bus stop.
ARCHITECTURE
.
All meters, and/or any other mechanical equipment whether on a structure or on the
ground shall be effectively screened from view with landscaping or materials
architecturally compatible with the main structures.
PARKING
.
All parking spaces shall be striped and provided with wheel stops unless they are
fronted by concrete curbs, in which case sufficient areas shall be provided beyond the
ends of all parking spaces to accommodate the overhang of automobiles.
.
Where authorized, compact car spaces shall be clearly designated with appropriate
pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet
in size, including allowable overhang.
.
Regulatory signage/curb painting for the non-parking side of the interior loop
roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon
Valley Fire Protection District and the City Engineer.
4. No overnight parking shall be allowed in the proposed project.
GRADING
.
A geotechnical consultant shouM investigate soils on site to determine if they are
particularly susceptible to liquefaction and determine if excavation and replacement
or recompaction wouM be required This would be done during development of
plans, specifications, and estimates (PS&E). lTVleasure #1)
.
Soils shouM be stripped during construction from the ground under proposed
roadway alignments andparking lot areas and a base of stable material of sufficient
thickness (as recommended by a geotechnical engineer) should be placed under the
facilities. Again, this action shouM be based n the specific geotechnical
recommendations made during the PS&E phase of the project. (Tvleasure #2)
PAGE 8 OF RESOLUTION NO. 130-96
.
Structures that wouM be modified by the project (ramps and overcrossing approach)
shouM be designed to conditions specific to this site, as recommended by the
geotechnical consultant or materials report. (Tvleasure #3)
.
Development shall be completed in compliance with a detailed softs 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 and shall be subject to review and approval by the Tom's
Engineering and Planning Divisions.
* 5.
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.
* 6. All new utilities required to serve the development shall be installed underground.
* 7.
Any grading on adjacent properties will require prior written approval of those
property owners affected.
* 8.
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.
.
Development shall be completed in compliance with the construction grading plans
prepared for this project.
10.
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.
PAGE 9 OF RESOLUTION NO. 130-96
11.
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.
12.
All cut and fill areas shall be appropriately designed to minimize the effects of ground
shaking and settlement.
13.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall
be covered.
14.
Soil testing shall be performed for aerially deposited lead in the vicinity of Interstate
680, Sycamore Valley Road and the interchange ramps. The level of contamination,
if any, will determine any further actions. Excavated soil flora the Caltrans
Interstate 680 right-of-way containing aerially deposited lead may be disposed of
within the Caltrcms right-of-way under the variance issued to Caltrans District 4 by
the California Department of Toxic Substances (DTSC). If no site is available, soil
shouM be disposed at an appropriate offsite landfill. If soils associated with the
former railroad grade are to be excavated or substantially graded, the shouM also
be tested forpotential contamination. The results of the testing shouM be evaluated
and if necessary used to determine proper handling and disposal of the affected
soils. (Measure # 4)
15.
Runoff~om any contaminated soil shall not be allowed to enter any drainage facility,
inlet or creek.
* 16.
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.
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.
.
All mud or dirt carded 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
PAGE 10 OF RESOLUTION NO. 130-96
H.
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.
5. Handicapped ramps shall be provided and located as required by the City Engineer.
INFRASTRUCTURE
.
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.
.
All runofffrom 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 the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
.
Any portion of the drainage system that conveys ranoff from public streets shall be
installed within a dedicated drainage easement, or public street.
.
Ifa 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.
.
Electrical, and telephone, 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.
6. All new utilities required to serve the development shall be installed underground.
.
All street, drainage or grading improvement plans shall be prepared by a licensed civil
engineer.
o
Stormwater from the proposed project shall drain to the 36 inch existing storm drain
at the north end of the proposed project.
PAGE 11 OF RESOLUTION NO. 130-96
9. No water shall drain into the drainage channel to the east of the proposed project.
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.
.
The Town of Dcmville 's National Pollutant Discharge Elimination System (NPDES)
workprogram includes a best management practice measure specific to this site to
consider the use of porous pavement surfacing. Use of this type of pavernent may
reduce the surface runoff, and hence reduce pollutant loading in surface water
drainage j~orn the site. Additional measures that shouM be considered during final
design of the project couM include channeling of surface water runoff through
vegetated channels (i.e., grassy swales) or through the site's landscaped areas.
13/leasure #5)
.
A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall
be filed with the Regional Water Quality Control Board and a copy given to the City
Engineer prior to commencement of any construction activity. A SWPPP shall be
prepared as part of the preparation of project improvement plans. The SWPPP shall
supplement the erosion control plan prepared for the project, if one is required. These
documents shall also be kept on-site while the project is under construction.
.
Vehicular and/or pedestrian access to or from Laurel Drive is prohibited by Town
Council Resolution No. 69-90 and by this land use permit. The access easement for
the Park & Ride Facility use between Laurel Drive and this proposed project shall be
relinquished prior to but no later than the award of the construction contract for the
proposed project. No construction traffic shall take access from Laurel Drive.
J.
ADDITIONAL CONDITIONS
.
The design shall be modified by reducing the length of the bus stop and move the bus
turn around toward the entrance of the project 200 feet.
.
Trees shall be planted on the east top of bank of the drainage facility to the east of the
proposed project. The number and location shall be as determined by the Design
Review Board and developed in consultation with the adjacent neighborhood on a
case by case basis..
.
The design shall be as shown on the plan described as "Park & Ride Proposed
Modifications" dated October 1, 1996.
PAGE 12 OF RESOLUTION NO. 130-96
.
A mitigation monitoring plan shall be used to monitor the implementation of the
mitigations shown in the Mitigated Negative Declaration.
APPROVED by the Danville Town Council at a Regular Meeting on October 1, 1996, by the
following vote:
AYES: Greenberg, Arnerich,
NOES: Shimansky
ABST~D: None
ABSENT: None
Doyle, Waldo
MAYOR
APPROVED AS TO FORM:
/i"i~
crrYxTTO Y /
ATTEST:
CITY CLERK
PAGE 13 OF RESOLUTION NO. 130-96