HomeMy WebLinkAbout159-97RESOLUTION NO. 159-97
DENYING THE APPEAL BY DOUG OFFENHARTZ OF THE PLANNING
COMMISSION'S ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND THEIR APPROVAL OF
DEVELOPMENT PLAN REQUEST DP 97-10, LAND USE PERMIT REQUEST
LUP 97-16, VARIANCE REQUEST VAR 97-05, AND MASTER SIGN PROGRAM
REQUEST SR 97-11, FOR THE CONSTRUCTION AND OPERATION OF A 69,000+
SQUARE FOOT SHOPPING CENTER WITH A FOOD MARKET .AND
RETAIL/RESTAURANT USES - IRON HORSE PLAZA (APN: 208-340-004)
WHEREAS, C & H Development (applicant) and Southern Pacific Transport Company (Owner)
have requested approval of Development Plan, Land Use Permit, Variance and Master Sign
Program requests to authorize the construction and operation of a 69,000_+ square fi>ot shopping
center with a food market and retail/restaurant uses; and
WHEREAS, the subject site is 4.5_+ acres in size and is located on the northwest corner of the
intersection of Railroad Avenue and San Ramon Valley Boulevard and is identified as Assessor's
Parcel Number 208-340-004; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires the approval
of a Development Plan, Land Use Permit, Variance and Master Sign Program for the proposed
shopping center; and
WHEREAS, the Planning Commission did review and approve the applicant's requests at a
noticed public hearing on September 9, 1997; and
WHEREAS, the Planning Commission's action on the item, as reflected in Planning Commission
Resolution No. 97-34, was to adopt a Mitigated Negative Declaration and approve the project;
and
WHEREAS, Doug Oftenhartz appealed the Planning Commission decision by way of his appeal
letter dated September 13, 1997; and
WHEREAS, the Danville Town Council did review the appeal of the Planning Commission
action at a noticed public hearing on September 21, 1997; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project modifications and
recommended project conditions of approval, no significant adverse environmental impacts are
expected to be associated with the project; and
WHEREAS, a staff report was submitted recommending that Town Council deny the appeal and
reaffirm the Planning Commission action to approve the requests; and
WHEREAS, the Danville 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 adopts the Mitigated Negative Declaration of
Environmental Significance and approves the Development Plan request per the conditions
contained herein, and makes the following findings in support of the Development ]Plan request:
The proposed development is in substantial conformance with the goals and policies of
the General Plan.
The proposed development is in conformance with the zoning district in which the
property is located.
The proposed development will constitute a commercial structure of sustained desirability
and stability, and will be in harmony with the character of the existing development in the
area, and the community.
-.
The proposed development is needed at the proposed location to provide adequate
facilities of the type proposed, and that traffic congestion will not likely be created by the
proposed center due to the proper location of access to the site and adequate internal
provisions for on-site traffic and parking, and access to the municipal parking lots located
within the downtown area.
The proposed development will be attractive and efficient which will fit harmoniously into
and will have no adverse effects upon the adjacent or surrounding development.
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 adverse effect on the environment; and be it further
RESOLVED that the Danville Town Council makes the following findings in support of the
Land Use Permit request:
The proposed land use will not be detrimental to the health, safety, and general welfare
of the Town.
The land use will not adversely affect the orderly development of prope~V within the
Town.
PAGE 2 OF RESOLUTION NO. 159-97
The land use will not adversely affect the preservation of property va][ues and the
protection of the tax base within the Town.
4. The land use will not adversely affect the policy and goals as set by the General Plan.
The land use will not create a nuisance and\or enforcement problern within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
That special conditions or unique characteristics of the subject property and its location
or surroundings are established; and be it further
RESOLVED that the Danville Town Council makes the following findings in support of the
Variance requests:
The variances do not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District 2; Old
Town Retail in which the subject property is located.
Because of the following special circumstances applicable to this specific property, strict
application of the applicable zoning regulations would deprive the subject property of
rights enjoyed by others in the general vicinity and/or located in the same zoning district:
Approximately 18 square feet of "Building #2" encroaches into the ten foot street
side yard setback. The majority of buildings in the downtown area have reduced
front yard and street side yard setbacks which is consistent with the character of
the downtown environment.
The covered portico at the entrance to the market is for the convenience of
customers entering and exiting the market in inclement weather. (The portion of
the canopy that extends into the public right of way shall require the Town to grant
an easement to the property owner.)
The locational parking variance of providing 52% of the project's parking provided
"off-site" on the Railroad Avenue Municipal Parking Lot is fully mitigated by the
developer's obligation to expand the existing municipal parking lot (adding 80_+
new additional parking spaces).
The variances are in substantial conformance with the intent and purpose of the
Downtown Business District - Area 2; Old Town Retail Transition District in which the
PAGE 3 OF RESOLUTION' NO. 159-97
subject property is located since the variances allow for the reasonable development of
a shopping center; and be it further
RESOLVED that the Danville Town Council of the Town of Danville makes the following
findings in support of the Master Sign Program:
The signage is consistent in character with the Town's commercial design guidelines, is
compatible with project architecture, and is no larger than necessary for adequate
identification.
The signage will serve primarily to identify the business, establishment or type of activity
conducted on the premises, or the product, service or interest being exhibited or offered
for sale, rent or lease on the premises.
3. The signage will not excessively compete for the public's attention.
The signage will be harmonious with the materials, color, texture, size, shape, height,
location, design and in proportion with the architectural style of the building, property or
environment of which they are a part.
The design of the signage will be consistent with professional graphic and structural
standards.
Signage illumination will be at the lowest level consistent with adequate identification and
readability; and be it further
RESOLVED that the Danville Town Council waive Commercial Transportation Improvement
Program (CTIP) fee and Iron Horse Trail fee based on the following findings:
The developer's financial obligations for traffic mitigations in the vicinity of the project
(i.e., Quinterra Lane/Prospect Avenue intersection improvements; contributions to the
signalization of the intersection at Railroad Avenue and Church Street; contributions to
the signalization of the Iron Horse Trail Crossing at San Ramon Valley Boulevard; and
extraordinary land dedication and roadway improvements along the project's Railroad
Avenue fromage) will exceed the CTIP fee normally collected for a project of this square
footage.
The developer's financial contribution (approximately $35,000.00) towards the
construction of the approximate 880 lineal foot Iron Horse Trail extension exceeds the fee
normally collected for the subject project ($14,080.00).
PAGE 4 OF RESOLUTION[ NO. 159-97
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
* 1.
This approval is for the Development Plan DP 97-10, Land Use Permit LUP 97-
16, Variance VAR 97-05 and Master Sign Program SR 97-11 requests.
Collectively, these approvals provide for the construction and operation of a
69,060_+ square foot shopping center identified as Iron Horse Plaza. Development
shall be substantially as shown on the project drawings labeled "Iron Horse Plaza,"
as prepared by Architectural Dimensions, consisting of 13 sheets, including sheets
X87 - X90, dated received October 14, 1997 by the Planning Division.
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, and ,,shall be paid
prior to issuance of said permit and prior to any Town Council final approval
action. Notice should be taken specifically of the following Town fees: Southern
Contra Costa Fees for Regional Roadway Improvements ($0.79 per :square foot);
Child Care Facilities; and, Plan Checking and Inspection fees. In addition, San
Ramon Valley Unified School District fees are $0.30 per square foot.
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) have been, or will be, met to the satisfaction of
these respective agencies. The SRVFPD's initial comments on this project are
summarized in part in their memorandum dated July 18, 1997.
* 4.
Within one week of project approval, 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 ($25.00).
* 5. In the event that subsurface archeological remains are discovered during any
PAGE 5 OF RESOLUTION NO. 159-97
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.
If determined necessary by the Town, the applicant shall provide security fencing,
to the satisfaction of the City Engineer and/or the Chief Building Official, around
part of all of, 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 watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as work days. Dust-
producing activities shall be discontinued during high wind periods.
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; and project parking
and driveway improvements. The phasing plan shall be subject to the review and
approval of the City Engineer and Chief of Planning.
11.
At the time of submittal of construction drawings for first plan checking or
submittal of the improvement plans for first plan checking, whichever occurs first,
the applicant shall submit a written report on compliance with the conditions of
PAGE 6 OF RESOLUTION NO. 159-97
approval of this project for the review and approval of the Chief of ]Planning and
the City Engineer. This report shall list each condition of approval fbllowed by a
description of what the applicant has provided as evidence of compliance with that
condition. The report may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that lighting is generally down-
directed and glare is directed away from surrounding properties and rights-of-way.
The final lighting plan shall be subject to review and approval by 'the Planning
Division and the Design Review Board.
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.
* 3.
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.
C. LANDSCAPING
* 1.
Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be
submitted for review and approval by the Design Review Board. 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. Irrigation shall comply with Town
of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be
designed to avoid runoff and overspray. 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.
PAGE 7 OF RESOLUTION NO. 159-97
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.
The developer shall install street trees (Scarlet Oaks - minimum 1 '.5 gallon size)
within tree wells consistent with the standards for Zone 4 in the Old Town
Beautification Plan.
Additional potted plants (with various pot sizes) shall be incorporated into the
fountain/gazebo area to provide additional visual relief and interest to the
hardscape area. The number, size and location of the potted plants shall be subject
to review and approval by the Design Review Board.
Landscape planters adjacent to the buildings in the courtyard/fountain area shall
be raised a minimum of one foot. The precise location, dimensions and
construction materials utilized for these planters shall be subject to the review and
approval of the Design Review Board.
The developer shall provide details of all hardscape materials and areas for the
review and approval of the Design Review Board. Interlocking pavers shall have
a variegated color pattern. All hardscapes shall be compatible in terms of
materials, texture and color.
Additional plant materials with vertical elements shall be located adjacent to the
north elevation of Building #5 to provide additional relief and interest to the
building elevation. These changes are subject to the review and approval of the
Design Review Board.
10.
In conjunction with the review of the project landscaping plans, the applicant shall
detail all proposed outdoor seating areas. The shopping center management
shall have full flexibility in the location and allocation of indoor and outdoor
restaurant seats within the center. The total number of permitted seats (indoor and
outdoor seats) is based on the following: gross square footage of restaurant space
+100 X 3 (seats) + 25% of total = total number of permitted seats in center. All
outdoor furniture, including but not limited to, tables, chairs, 'benches and
umbrellas, is subject to review and approval by the Design Review Board prior to
occupancy of the shopping center.
11
Bicycle racks sized adequately to handle a minimum of ten bicycles shall be
provided in the vicinity of the gazebo/fountain area. Bicycle racks sized
adequately to handle a minimum of ten bicycles shall be provided[ at the north
elevation of the market (adjacent to the municipal parking lot) for customers
utilizing the market and delicatessen. The design and location of the bicycle
rack(s) are subject to review and approval in conjunction with the review of the
PAGE 8 OF RESOLUTION NO. 159-97
project landscaping plans.
12.
The applicant shall incorporate a more substantial trellis treatment, or authorized
equivalent, with landscaping at the rear of the market (Building #6) to provide
additional relief and interest to the building elevation adjacent to the Iron Horse
Trail subject to the review and approval of the Development Services Department
and the Design Review Board.
13.
On-site parking lot trees shall be a species that provides a considerable amount of
shade are appropriately suited for local soil conditions and will have fast, balanced
growth. The tree species utilized are subject to the review and approval of the
Design Review Board and the Community Development Department.
14.
The proposed wrought iron fencing on the west side of the on-site parking lot shall
be enhanced with the addition of brick pilasters to be spaced 30-50 feet on center.
Details of the wrought iron fencing shall be subject to the review and. approval of
the Planning Division and the Design Review Board.
15.
The Iron Horse Trail extension shall be completed prior to occupancy of the first
tenant space within the center. One additional access point shall be provided from
the on-site parking lot to the Iron Horse Trail. Details of the precise location and
design of these connections shall be subject to review and approval by the Design
Review Board at the time of final landscape review. The review process of the
additional trail access to the parking lot shall take into consideration any safety
issues associated with users of the Iron Horse Trail entering and exiting the
parking lot. Several of the abutting residential properties located to the west of the
subject property have substandard fencing at their rear yards which ,will abut the
future Iron Horse Trail extension. The developer shall be responsible to make
contact with each individual adjacent property owner and offer to pay one-half of
the construction costs for fence repair or replacement, as may be appropriate and
as determined by the Planning Division. The fence repair or replacement shall be
constructed entirely on private property and not within the boundaries of the transit
easement (i.e., not on the subject property). If any adjacent property owner does
not wish to participate in the fence repair/replacement, the developer shall have
no obligation to fund fence repair or replacement of the corresponding section of
fencing. The developer shall be responsible for verifying with the Planning
Division that each individual adjacent property owner has been contacted about
the proposal to equitably share costs of repair or replacement of fencing. All fence
repairs or replacement shall be completed within six months of occupancy of the
first tenant space within the center. The project developer shall not be responsible
for the long-term maintenance of any off-site fencing.
PAGE 9 OF RESOLUTION NO. 159-97
16.
Prior to building occupancy, the owner shall provide the Town with an executed
maintenance easement agreement (subject to the review and approval of the City
Attorney and the Development Services Department) which assures maintenance
of all landscaped areas. The Town may enforce such agreement at the cost of the
property owner of record. The maintenance agreement shall include all of the
maintenance provisions referenced by Downtown Business District Landscaping
Standards (Section 32-45.21.g of the Danville Municipal Code).
17.
The developer shall be responsible for the maintenance of all project related
landscaping along the project's Railroad Avenue and San Ramon Valley
Boulevard frontages.
18.
The developer shall landscape the area between the project wrought iron fence
and the Iron Horse Trail (unless otherwise directed by the East Bay Regional Park
District and the Town). The landscaping is envisioned to consist of low
maintenance ground cover that would serve to provide control of weeds and soflen
the transition from the trail to the project. Landscaping in this area shall be subject
to review and approval by the Development Services Department and East Bay
Regional Park District. Any agreement necessary with the East Bay Park District
for the subject landscaping (and its ongoing maintenance) shall be established and
executed prior to issuance of a building permit.
D. ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical equipment whether
on the structure or on the ground shall be effectively screened from view with
landscaping or materials architecturally compatible with the main structures.
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include minimum
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 to the Towifs satisfaction that
all trash/recycling area(s) 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 to enter the area(s)The area drains for the trash
and recycling area(s) shall be connected to the sanitary sewer, not the storm drain
system.
The street numbers for each structure in the project shall be posted so as to be
easily seen from the street and the interior parking area serving the structures at all
times, day and night.
PAGE 10 OF RESOLUTION NO. 159-97
Samples of final materials and the proposed color pallet shall be submitted for
review and approval by the Design Review Board.
Final architectural elevations, details and revisions shall be submitted for review
and approval by the Design Review Board. The design review process shall
include special attention to colors, materials and finishes for the project.
The project plans indicate a conceptual master sign program as indicated on
project drawings inclusive of a height and size variance for the three Andronico's
Market signs. The applicant shall submit a detailed Master Sign Program
(comprised with both graphics and text) that addresses signage for' each tenant
space. Once the number and type of tenants for Buildings ~1 through #5 have
been determined, the applicant shall submit a detailed Master Sign Program for
review and approval of the Planning Commission. The Master Sign Program shall
address the design, size, placement, material, illumination of each tenant space
signage and shall be in accordance with the Town's sign ordinance.
Exterior light fixtures for the project are subject to final review and approval by
the Design Review Board.
Without prior authorization by the Planning Division, no windows in the shopping
center shall be utilized for permanent window signage or partitio~ts that block
visibility to the interior of the tenant spaces. No store fixtures or displays shall be
placed in front of windows that blocks visibility to the interior of the store. At the
discretion of the Planning Division, staff may refer such requests to the Planning
Commission for consideration and action.
No window tinting is permitted in any storefront windows or doors without prior
authorization from the Planning Division.
10.
Any proposed modifications to project windows, including the construction of
walls, partitions or signage within five feet of the windows shall require prior
review and approval of a separate Development Plan.
11.
All temporary signage utilized by the tenants in this center shall conform to the
standards for temporary business signage in the Town's Sign Ordinance.
E. PARKING
* 1.
All parking spaces shall be striped and shall be fronted by concrete curbs.
Sufficient areas shall be provided beyond the ends of all parking spaces to
accommodate the overhang of automobiles.
PAGE 11 OF RESOLUTION iNO. 159-97
Where authorized, compact car spaces shall be clearly designated witlh appropriate
pavement marking or signage. Compact spaces shall be no less than 8 feet by 16
feet in size, including an allowable overhang of two feet.
Regulatory signage/curb painting for the non-parking side of the interior loop
roadway shall be provided to prohibit unauthorized parking, if deemed necessary,
to the satisfaction of the San Ramon Valley Fire Protection District and the City
Engineer.
Modifications to the existing volunteer mini-park located within the municipal
parking lot and located adjacent to the Iron Horse Trail shall not occur without
prior review and authorization by the Town.
The parking lot entry feature (i.e., brick pilasters with top-mounted light fixture)
detailed on the project plans for the Church Street/Railroad Avenue entrance shall
be duplicated at the other Railroad Avenue entrance. The precise design and
location of these entry features shall be subject to the review and approval of the
Development Services Department.
The applicant shall be responsible for modifications to the existing municipal
parking lot as generally depicted on the project site plans. In conjunction with the
existing parking lot reconfiguration for traffic circulation purposes, 10-15 new tree
wells with minimum 15 gallon trees shall be added to the municipal parking lot.
The applicant's maximum financial obligation for this effort shall not exceed
$7,500.00. The new tree wells shall be added at the confluence of f6ur standard
parking spaces. The detail and locations of the tree wells shall be subject to the
review and approval of the Development Services Department.
Low landscape walls and/or a landscape planter shall be added to the northwest
corner, north side and northeast corner of Building #6 to better define intended
pedestrian movements and to soften the transition of the building massing as
viewed from the municipal parking lot and Railroad Avenue.
The developer shall establish a program for the removal of shopping c~ms from the
municipal parking lot. This program shall be subject to the review and approval
of the City Attorney. The Town reserves the right to require operational changes
(through modification of the adopted cart removal program) that would have each
customer walked to the municipal parking lot by a food market employee. The
goal is to remove any carts left in the municipal parking lot within 20 minutes of
their placement in the lot.
PAGE 12 OF RESOLUTION iNO. 159-97
The entry throat at the southerly Railroad,4 venue entrance to the existing public
parking lot shall be lengthened 90 additional feet to provide improved traffic
circulation in the vicinity (?f lhe driveway subject to the review and approval of the
Development Services Department. The mod('fications to the entry lhroat shall
include [ands'caping installed in the extended landscape median on tJ~e north side
of the driveway. New landscaping to be inslalled at the driveway entrance, and
modifications to existing parking lot landscaping shall be subject i!o the review
and approval of the Development Services Department.
10.
,4 parking management plan shall be developed by the apphcant lo address the
timing and location of the center's loading and delivery activities. T~Se plan shall
be submitted.fi;r review and approval of the Development 3'errices Department,
and is subject to.fi~rther review and approval by the Planning bivision six months
after occupancy..If necessary, the Planning Division may require refinements to
the parking management plan. 7he plan shall also address how employee parking
will be handled fl. e., the location of employee parking, enforcement mechanisms
and the means that employee parking restrictions will be tied to individual
commercial lease~s;). A goal of the plan shall be to maximize the availability of
proximate parking in the genera[ area that is available for customer usage.
11.
The developer shall design and construct the expansion of the Raih'oad Avenue
Municipal Parking Lot to the northwest (up to Prospect Avenue) wit]h the goal of
achieving a net increase of 80_+ parking spaces. The expansion project shall
include site clearing and grading and installation of curb, gutter, asphalt, striping,
and landscape improvements, the relocation of the existing Prospect Avenue
driveway, and the realignment of the Iron Horse Trail. The design of the parking
lot expansion shall be subject to the review and approval of the Development
Services Department.
12.
Prior to issuance of building permits for Buildings #1-#5, the applicant shall verify
that the parking needs of the proposed tenant uses shall not exceed the 85
allocated parking spaces within the on-site parking lot (i.e., 145 parking spaces
less the permitted 20% reduction, less 25% of required parking provided off-site
= maximum of 85 parking spaces) (Section 32-45.30.e of the Danville Municipal
Code).
GRAD1NG
At least one week prior to commencement of grading, the applicant Shall post the
site and mail a notice that construction work will commence 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. The notice shall include a list of contact
PAGE 13 OF RESOLUTION iNO. 159-97
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
for foundation design of the proposed buildings and shall be subject to review and
approval by the Town's Engineering and Planning Divisions.
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 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.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
7.
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. Prior to
issuance of a grading or building permit, the applicant shall submit a letter from
Contra Costa County Health Department verifying that the site can be developed
PAGE 14 OF RESOLUTION NO. 159-97
and that any required remediation plan has been approved by the Health
Department.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
* 9.
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 within the Town-owned municipal parking lot.
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 carried off the construction site onto adjacent streets or into the
Town-owned municipal parking lot shall be swept each day. Water flushing of
site debris or sediment or concrete washing is expressly prohibited.
Any damage to street improvements or to the Town-owned municipal parking lot
that occurs 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. Prior to construction commencement, a field inspection shall
be completed by the Town to determine the base-line condition of tlhe municipal
parking lot. The developer shall not be responsible for correcting any structural
deficiencies of the parking lot that exist prior to commencement of work within the
parking lot and shopping center site.
All improvements or modifications of facilities within the public right-of-way or
within the Town-owned municipal parking lot, including curb, gutter, sidewalks,
driveways, paving, landscaping 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
PAGE 15 OF RESOLUTION iNO. 159-97
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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
The Railroad Avenue right of way dedication shah be 24+feet at ,the northerly
end and taper down to 20+ jket at School Street and continue as 20.+feet to San
Ramon Valley Boulevard.
Railroad Avenue shall be improved with the installation of street paving,
longitudinal drainage, curb, gutter, sidewalk and three street lights along the
entire street frontage, inchMing the return at San Ramon Valley Boulevard.
Improvement Plans shall be prepared by a Registered Civil Engineer, and shall
be in metric units.
The turning radius of the curb at the corner of San Ramon Valley Boulevard and
Railroad Avenue shall be revised subject to review and approval of the
Development Services Development Department. The turning radius shall be
designed to effectively slow southbound traffic on Railroad Avenue as it turns
south on San Ramon Valley Boulevard while also be of an adequate dimension to
allow large trucks to safely negotiate the corner.
10.
The developer shah relocate two signal poles and pull boxes at the southwest
corner qf Railroad Avenue and San Ramon Valley Boulevard and install new
detector Mops at the subject intersection.
ll.
The developer shah extend the Iron Horse Trail from its existing southerly
letminus to San Ramon Valley Boulevard. The final trail aligmment, appropriate
trail signage, bollards and other trail design details shall be designed, installed
and constructed by the deveMper subject to review and approval of the Town of
Danville and the East Bay Regional Park District prior to occupancy of the first
tenant space within the center, Xince the developer is responsible for constructing
the Iron Horse Trail on the project site. fees normally collected for the
construction of the Iron Horse Trail are waived for this project.
12.
A signalized trail crossing shah be constructed at San Ramon Valley Boulevard
.for Iron Horse Trail users. The Town of Danville shall attempt to finance 100%
of the signal construction costs through the securement of grant monies. if the
Touw does not secure 100% c~the sixreal construction costs, the developer shall
.fund up to 50% of the total construction cosls for the signalized trail crossing. The
sixrealized trail crossing shah consider the needs of d~fferent types C!f trail users
PAGE 16 OF RESOLUTION NO. 159-97
(i.e. bicyclists', equestrians, pedestrians, roller bladers skaters, etc.). The design
of the trq~c signal is subject w the review and approval of the Park,' and Leisure
Services Commission, Town Council, and the Development Services Department.
Unless otherwise directed, the signal shah include specialized bicycle sig~al
heads' that will allow a shorter green time fi;r bicyclists and a shorter delay for
tooWrists on ,~tn Ramon Valley Boulevard. If the crossing is not completed at the
time of the Iron Horse Trail extension, trail users' shah be temporat'ily directed
to the Sonora Avenue crosswalk at San Ramon Valley Boulevard or shah be
directed to the existing crosswalk system at the intersection of Railroad Avenue,
Hartz Avenue and San Ramon Valley Boulevard.
13.
The developer shall be res;oonsible fi)r the construction of a newfour-way traj~fic
signal at the intersection qf Railroad Avenue and Church Street. The traffic signal
shall tach,de bicycle loop detectors'. The developer shall be reimbursed up to 50%
of the signal construction costs' by benefitting future developments within the
vicinity of the new signal.
14.
The intersection of Quinterra Lane and Prospect Avenue shah be realigned and
improved to a T-intersection. This' work shah include the relocation or
elimination of the existing parking lot driveway on Prospect Avenue further west
W generally align with the western edge of the lease line for the Railroad Depot
site. The work shah also inch~de the realignment of the Iron Horse Trail section
to cross Pros79ect Avenue at the east side of the T-intersection. The modified
intersection shah include a painted crosswalk for Iron Horse Trai! users. The
modifications to the intersection shall be designed and installed by the developer
subject to the review and approval ().fithe Development Services Department prior
to occupancy of the .first completed tenant ~7)ace within the shopping center.
Construction costs.fi~r the totersection improvements shall be 50%funded by the
developer Otp to a maximum of $35, 000. 00) and the balance project funding shall
be secured by the 7bwn.
H. INFRASTRUCTURE
* 1.
Water supply service shall be from the East Bay Municipal Uti[lity District
(EBMUD) water system in accordance with the requirements of EBMUD.
EBMUD's initial comments on this project are summarized within their
memorandum dated July 14, 1997.
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. CCCSD's initial
comments on this project are summarized within their letter dated July 17, 1997.
PAGE 17 OF RESOLUTION NO. 159-97
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 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.
Storm drains on the project site shall be fitted with a storm drainage filtration
system for the purposes of reducing the amount of hydrocarbons entering into the
stormwater system. The developer shall complete a storm drainage maintenance
program that is subject to the review and approval of the Engineering division
prior to issuance of a building permit.
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, driveways or parking areas.
* 6.
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.
* 7. All new utilities required to serve the development shall be installed underground.
* 8.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
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.
Pursuant to Govemment Code section 66474.9, the applicant (includi~tg 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, Land Use Permit,
Variance and Master Sign Program applications, 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.
PAGE 18 OF RESOLUTION NO. 159-97
The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and
post-construction Best Management Practices (BMPs) for the site,.. For example,
construction BMPs may include, but are not limited to: the storage and handling of
construction materials, street cleaning, proper disposal of wastes and debris, painting,
concrete operations, dewatering operations, pavement operations, velhicle/equipment
cleaning, maintenance and fueling and stabilization of construction entrances.
Training of contractors on B MPs for construction activities is a requirement of this
permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention
Plan (SWPPP) may be required for projects under five acres.
All food facilities shall obtain plan approval from the Contra Costa County
Environmental Health Division prior to issuance of a building permit.
No outdoor storage or display of merchandise is permitted within the :shopping center
without prior review and approval of a Land Use Permit.
Documentation shall be submitted to the Town to verify that the existing fuel line that
extends through the municipal parking lot and the subject site has been relocated as
necessary to accommodate the proposed development prior to issuance of a grading
permit or building permit for the shopping center.
All exhaust systems for restaurants, coffee houses and all other food uses within the
shopping center shall be fitted with air cleaning systems to reduce stnoke and odors
to an efficiency level of 95-99% by particle count.
APPROVED by the Danville Town Council at a Regular Meeting on October 21, 1997 by the
following vote:
AYES: Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Waldo, Arnerich,
Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
?
CITY ATTORNEY
f:kPlanningkParsons\adpz46
ATTEST:
CITY CLERK
PAGE 19 OF RESOLUTION NO. 159-97