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RESOLUTION NO. 32-98
APPROVING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVING A FINAL
DEVELOPMENT PLAN REQUEST DP 97 -08 ALLOWING THE DEVELOPMENT
OF A TWO -STORY 39,000 +/- SQUARE FOOT OFFICE BUILDING AND A
ONE -STORY 7,000 +/- SQUARE FOOT PERFORMING ARTS
THEATER CONNECTED BY A TWO -STORY 1,000 +/- SQUARE FOOT ATRIUM
(APN: 200 - 151 -007)
WHEREAS, William McCann and Gordon Bingham have requested approval of Preliminary
Development Plan - Rezoning request PUD 98 -01 and Final Development Plan request DP 97 -08
to rezone a 2.69 +/- acre site from R -15; Single Family Residential District to P -1; Planned Unit
Development District and to allow the development of a two -story 39,000 +/- square foot office
building and a one -story 7,000 square foot performing arts center connected by a 1,000 +/- square
foot atrium; and
WHEREAS, the subject site is located on the northeast corner of La Gonda Way and El Cerro
Boulevard and is further identified as Assessor's Parcel Number APN 200 -151 -005; and
WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance requires
approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final
Development Plan request; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared
for the project indicating that, as mitigated through project revisions or recommended conditions
of approval, no significant environmental impacts are anticipated to be associated with the
project; and
WHEREAS, the Planning Commission did review and recommend the Town Council approve
the project at a noticed public hearing on January 27, 1998; and
WHEREAS, the Danville Town Council did review the project at a noticed public hearing on
February 17, 1998; and
WHEREAS, 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
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
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RESOLVED that the Danville Town Council grant a Mitigated Negative Declaration of
Environmental Significance and approves Final Development Plan request DP 97 -08 and makes
the following findings in support of these actions:
Preliminary Development - Rezoning (PUD 98 -01):
1. The proposed Rezoning will substantially comply with the General Plan and the El Cerro
Boulevard General Plan Amendment.
2. The uses authorized or proposed in the land use district are compatible within the district
and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
Development Plan (DP 97 -08):
1. The proposed project is consistent with the Danville 2005 General Plan.
2. The proposed development is in conformance with the proposed zoning district in which
the property is located.
3. The proposed project is in substantial conformance with the El Cerro Boulevard General
Plan Amendment.
4. 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.
5. The proposed development will not be detrimental to the health, safety, and general
welfare of the Town.
6. The development will not adversely affect the orderly development of property within the
Town.
7. The development will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
8. The development will not adversely affect the policy and goals as set by the General Plan.
9. The development will not create a nuisance and \or enforcement problem within the
neighborhood or community.
PAGE 2 OF RESOLUTION NO. 32-98
10. The development will not encourage marginal development within the neighborhood.
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 Preliminary Development Plan - Rezoning (PUD 98 -01) and
Final Development Plan (DP 97 -08) requests to rezone a 2.69 +/- acre site from
R -15; Single Family Residential District to P -1; Planned Unit Development
District and to develop a two -story 39,000 +/- square foot office building and a
one -story 7,000 square foot performing arts center connected by a 1,000 +/- square
foot atrium at 500 La Gonda Way, also identified as APN 200 - 151 -007.
This approval also allows for the removal of all vegetation at the project site with
the exception of three Valley Oak trees located at the northeastern corner of the
project site. The trees allowed to be removed include one Town- protected Valley
Oak tree (11.8 -inch dbh) located near the center of the project site, and four Town -
protected Coast Redwoods (ranging in size from 12- to 22- inches) also located
near the center of the project site.
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
a. Preliminary Development Plan, Conceptual Site Plans (Scheme A and B),
Proposed Floor Plans, Conceptual Exterior Elevations and Cross Sections,
Signage Program, Conceptual Site Lighting Plan, and Conceptual Building
Lighting Plan, consisting of 12 sheets, as prepared by William Wood
Architects and dated received by the Planning Division on February 10,
1998.
PAGE 3 OF RESOLUTION NO. 32-98
b. Conceptual Landscape Plans (Scheme A and B), consisting of two sheets
(L -1 and L -2), as prepared by Borrecco/Killian & Associates Inc., and
dated received by the Planning Division on February 10, 1998.
C. Preliminary Grading Plan, consisting of one sheet, as prepared by David
Evans and Associates, and dated received by the Planning Division on
January 21, 1998,
2. 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 issuance of a building permit. Notice
should be taken specifically of the Town's Commercial Transportation
Improvement Program (C -TIP) calculated at $175,500 (39,000 s.f. x $4.50), SCC-
Regional Fee calculated at $30,810 (39,000 s.f, x $0.79), obligation to provide
twenty -five percent (25 %) of the cost to install the La Gonda Way/El Cerro
Boulevard intersection which is calculated at $32,930 (the C -TIP fees collected
for this project may be credited toward the La Gonda Way/El Cerro Boulevard
signal obligation), Child Care Facilities, Flood Control & Water Conservation
District (Drainage Areas and Mitigation), Plan Checking and Inspection fees.
3. 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
SRVFPD's initial comments on this project are summarized in part in their
memorandum dated July 2, 1997.
* 4. 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 $25.00.
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
PAGE 4 OF RESOLUTION NO. 32-98
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.
* 6. 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.
* 7. 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.
* 8. 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.
* 9. 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. All physical improvements shall be in place prior to occupancy of any structure in
the project.
* 11. At the time of submittal of the improvement plans for first plan checking, the
applicant shall submit a type- written report on compliance with the conditions of
approval of this project for the review and approval of the Director of Planning
and the City Engineer. This report shall list each condition of approval followed
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.
12. Operation times and activities allowed at performing arts theater are defined as
follows:
a. Rehearsals at the theater would take place after 6:30 p.m. on nights not
scheduled for performances;
PAGE 5 OF RESOLUTION NO. 32-98
b. On nights during which theater events are scheduled, evening events shall
take place after 7:00 p.m. Matinee events on Sunday shall begin no earlier
than 2:00 p.m. to avoid conflict with peak activity at Saint Isidore's
Church;
C. The theater facility may be used by occupants of the office building for
internal presentations, meetings, etc., as determined appropriate by the
Chief of Planning. The daytime use of theater may not generate
"destination trips" (e.g., people who come to the theater for scheduled
conferences, periodic "talks" open to members of the public, or any activity
which would not normally lead them to the center).
d. The performing arts theater production crews shall be limited to loading
and unloading equipment after the hour of 6:30 p.m. and before the hour
of 7:00 a.m. to avoid parking and internal circulation conflicts with the
office use.
Any requested changes to the limitations of the activities at the office
building/performing arts theater complex must be reviewed and approved by the
Planning Commission.
13. 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 Town Council.
B. SITE PLANNING
1. All lighting shall be installed in a manner consistent with the project Conceptual
Site Lighting Plan and Building Lighting Plan and in such a manner that the light
standards are maximum 18 feet high, and lighting is generally down - directed and
glare is directed away from surrounding properties and rights -of -way.
2. A final Site Lighting Plan and Building Lighting Plan, detailing lighting intensity
as described in candlelight or wattage, shall be reviewed and approved by the
Design Review Board prior to the issuance of a Building Permit.
* 3. 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.
PAGE 6 OF RESOLUTION NO. 32-98
To the extent feasible, such transformers shall not be located between any street
and the front of a building.
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 and DRB. The plan
shall be substantially consistent with the Conceptual Landscape Plan (either
Scheme A or Scheme B) dated received by the Planning Division on February 10,
1998.
* 2. 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.
3. 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.
A minimum of 25% of the shrubs planted in the project (i.e., not including Lily of
the Nile, Tawny Day Lily and equivalent) shall be 10 or 15 gallon container size
shrubs.
* 4. 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.
5. The three existing Valley Oak trees located at the northeastern corner of the site
shall be preserved.
6. The three existing Valley Oak trees shall be fenced at their driplines during
construction. The fencing shall completely surround the trees and shall be at least
six feet in height.
7. Pedestrian traffic, vehicles, equipment and construction materials shall not be
allowed within the fenced area of the trees. Equipment storage and staging areas
shall be identified, approved by the Town, and shown on approved grading and
building plans. The disposal of phytotoxic materials are not allowed inside the
PAGE 7 OF RESOLUTION NO. 32-98
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fenced area.
8. Because the site construction activity will occur in the direct vicinity of the on -site
protected Valley Oak trees, a security deposit in the amount of $9,000 shall be
posted with the Town in compliance with the Town's Tree Protection Ordinance
to assure the preservation of the trees. The security deposit shall be returned upon
verification of the health of the trees following two full growing seasons after
project completion.
9. All permanent tree wells or retaining walls near the existing Oak trees shall be
specified and detailed on the project's Final Landscape Plans. Any proposed
permanent construction immediately around the trees' root zones shall be reviewed
and approved by a qualified arborist prior to the issuance of a grading permit for
construction.
10. Drainage plans shall be designed so that the Valley Oaks' trunk areas are properly
drained to avoid ponding. An aeration system, designed by a qualified arborist,
shall be installed at the Oaks' root zone area.
11. Prior to the issuance of a grading permit, an arborist shall identify the location,
number, size and health of any young Oaks on the project site which was not
previously surveyed (i.e., Oaks s 10 inches in diameter measured at breast height).
These new Oaks shall be transplanted and incorporated into the overall site
landscape plan, whenever feasible.
D. ARCHITECTURE
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. No
mechanical equipment is allowed to be installed on the roof of the theater.
2. No antennas, microwave or satellite receiving dishes or other broadcasting or
receiving devices shall be permitted on the roof of either building without
approval of the Planning Division. Any such ground mounted equipment shall be
visually screened and submitted for review and approval by the Planning Division
prior to installation.
The trash enclosure shall have the same ledgestone treatment to match the
building. Enclosure design shall include six -foot high masonry walls on three
sides with steel framed gates and wood bolted to the gates. Gates shall be self -
closing and self - latching.
PAGE 8 OF RESOLUTION NO. 32-98
Prior to issuance of a building permit, the applicant shall document that all
trash/recycling areas are appropriately sized and located. The trash enclosure shall
be covered and bermed so as not to allow storm water run -off and run -on from
adjacent areas. The area drains for the trash and recycling area(s) shall be
connected to the sanitary sewer, not the storm drain system.
* 4. Samples of final materials and the proposed color palette shall be submitted for
review and approval by the Design Review Board prior to the issuance of building
permits for the project. The applicant shall provide a sample of the proposed
ledgestone material to the Design Review Board.
* 5. Final architectural elevations, details and revisions shall be submitted for review
and approval by the Design Review Board prior to issuance of building permits
for the project.
6. The fountain featured in the pedestrian plaza shall be designed with low- bubbling
and gently cascading water. No dramatic air -borne water displays are permitted.
7. The edge of the fountain areas shall be constructed with ledgestone material and
provide as bench seating in the plaza area.
8. The steps which lead down to El Cerro Boulevard from the pedestrian plaza shall
have materials and color which match the ledgestone rather than a standard
concrete color. Each step shall have a ledgestone riser with a bull -nose horizontal
element. Color and design is subject to final review and approval by the Planning
Division and the DRB.
9. The signage for the project shall be substantially consistent with the Master Sign
Program approved with this application. The program permits the following
signage at the project site:
a. Entrance Identification Sian - Approximately 4' -Y high, three feet wide
and one foot deep, as shown on the project plans. The sign contains the
name of the center (i.e., Mount Diablo Center for the Arts) and displays the
building address with bronze cut -out numbers with dark oxidized returns.
No internal illumination is permitted for this sign.
b. Incised Buildina Identification Sian - A halo - illuminated sign inscribed
into the wall above the theater entrance which faces the parking lot
(northern elevation). The sign describes the name of the center (i.e.,
Mount Diablo Center for the Arts).
PAGE 9 OF RESOLUTION NO. 32-98
C. Maior Tenant Identification Sign - Located on the southwest planter wall
at the corner of La Gonda and El Cerro Boulevard, this shall be the only
major tenant sign permitted to be displayed on the exterior of the building.
The tenant name shall be spelled with individual bronze cut -out letters with
dark oxidized returns, occupying an area on the planter wall which does
not exceed 20' wide by F -6" high. No other individual tenant signs are
permitted on the exterior of the building.
d. Monument Identification Sian - This sign, which shall comply with the
size requirements of the Sign Ordinance, identifies the building and
upcoming theater events along the El Cerro Boulevard frontage. The
applicant shall return to the Town Council within 12 months after the
approval of the project with a proposed program for displaying upcoming
theater events.
Any proposed changes or revisions to this Master Sign Program shall be reviewed
and approved as a revised Master Sign Program by the Planning Commission.
10. No individual tenant sign (other than on the major tenant name displayed on the
southwest planter terrace) is allowed on the exterior of the building or at the
entrance of the parking lot. Tenant directories shall be located within the building.
E. 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.
1 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.
* 3. Regulatory signage /curb painting for the non - parking side of the interior parking
aisles shall be provided, if deemed necessary, to the satisfaction of the San Ramon
Valley Fire Protection District and the City Engineer.
4. Prior to the issuance of a grading permit for the development of the project, the
applicant shall inform the Town as to which Parking Lot scheme (Scheme A or
Scheme B) will be utilized. The selected scheme shall be reviewed and approved
by the Design Review Board prior to the issuance of a grading permit.
PAGE 10 OF RESOLUTION NO. 32-98
If Scheme A is chosen, the applicants must show documentation that excess
Caltrans right -of -way has been acquired and all necessary encroachment permits
for all off -site grading activities within the Caltrans right -of -way has been secured
prior to the issuance of grading permits for site construction.
S. All landscape islands shall be bordered by a minimum four inch concrete curb.
6. The ultimate parking scheme shall be in substantial conformance with either
Scheme A or Scheme B, whichever is chosen, as depicted in Attachment H, dated
received by the Planning Division on February 10, 1998.
7. The developer shall install all necessary signage, and paint the curb along the La
Gonda Way frontage to designate the frontage as a "No Parking" area, as
determined by the City Engineer.
8. The handicap space in front of the theater entrance shall be relocated further west
in order to eliminate vehicular movements between the handicap parking space
and the theater drop -off area.
9. In order to accommodate future Town plans to remove parking from the north side
of El Cerro Boulevard along the property's frontage and allow the future
installation of a bike lane, all existing on- street parking along the north side of El
Cerro Boulevard shall be eliminated. The curb shall be painted and signed to
delineate a No Parking area.
F. GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected. An encroachment permit shall be secured from the
California Department of Transportation (Caltrans) for any grading or off -site
work that encroaches upon Caltrans right -of -way.
* 2. 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
PAGE 11 OF RESOLUTION NO. 32-98
y-,
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.
* 4. Where soils or geologic conditions encountered in grading operations are different
from that anticipated in the soils 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.
5. 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.
* 6. All cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
* 7. Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
8. 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.
9. All grading activity shall address National Pollutant Discharge Elimination
PAGE 12 OF RESOLUTION NO. 32-98
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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.
* 2. 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.
* 3. 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.
* 4. All improvements within the public right -of -way, including curb, gutter,
sidewalks, driveways, striping for bike lanes, 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.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
7. Street signing and striping shall be installed by the developer as required by the
Town. Such signs shall include, but are not necessarily limited to "Stop," "No
Parking," "Entrance Only," "Exit Only," and "Bike Lane."
8. The developer shall keep adjoining public streets free and clean of project dirt,
mud, materials and debris during the construction period, as found necessary by
the City Engineer. The developer shall be responsible for corrective measures at
no expense to the Town.
PAGE 13 OF RESOLUTION NO. 32-98
9. A sidewalk of the same width as the adjacent sidewalk on La Gonda Way (7 1/2
feet measured from back of curb) shall be installed on the property's El Cerro
Boulevard and La Gonda Way frontages.
10. To minimize the number of conflicting turn movements on La Gonda Way, the
project shall designate the southern driveway as an "Entry Only" access point,
and the northern driveway as an "Exit Only" driveway. This requirement must be
shown on the final development and construction plans prior to the issuance of
any building permit for the project.
11. To maximize the internal efficiency of the parking layout, there shall be a
minimum 40 foot queuing area at the Exit Only driveway. This requirement must
be shown on the final development and construction plans prior to the issuance
of any building permit for the project.
12. The El Cerro Boulevard/La Gonda Way signalized intersection shall be re- striped
so that the centerline along La Gonda Way provides for a left -turn pocket f om La
Gonda Way to El Cerro Boulevard. The queuing space for the left -turn pocket
shall be a minimum of 100 feet. La Gonda Way shall be re- striped, and any
vehicle detectors moved, prior to the issuance of a building permit for the theater
or the office building, whichever is planned to be constructed first.
13. A bicycle lane, designed to the Town's standards, shall be striped along the La
Gonda Way property frontage to provide a defined travel way for bicyclists. This
striped bicycle lane shall be provided prior to the issuance of a building permit
for the theater or the office building, whichever is planned to be constructed first.
14. To implement Conditions #G12 and 4G13 above, the applicants shall restripe La
Gonda Way (north of the El Cerro Boulevard intersection) as follows and as
shown on site plans contained in Attachment K prior to the issuance of occupancy
for any portion of the building:
a. Provide an 11 -foot wide southbound through /right shared lane on La
Gonda Way;
b. Provide an 11 -foot southbound left -turn lane (from La Gonda to El Cerro);
C. Relocate and restripe the double - yellow center line on La Gonda Way,
north of the El Cerro Boulevard intersection;
d. Install new vehicle detectors beneath the pavement on La Gonda Way
PAGE 14 OF RESOLUTION NO. 32-98
(north of the El Cerro intersection);
e. Provide a 13 -foot northbound travel lane on La Gonda Way;
£ Stripe a new five foot wide bike lane along the property's La Gonda Way
frontage.
Prior to the issuance of a grading permit for construction, detailed improvement
plans showing these restriping changes shall be submitted for review and approval
by the Town's Traffic Engineer.
H. INFRASTRUCTURE
* 1. 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 June 20, 1997.
* 2. 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 8, 1997.
* 3. Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer of the Contra Costa County Flood Control &
Water Conservation District (CCCFC & WCD).
* 4. 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.
Development which proposes to contribute additional water to an 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.
* 5. 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 or onto adjacent
properties.
PAGE 15 OF RESOLUTION NO. 32-98
* 6. Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
* 7. 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.
* 8. 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.
* 9. Electrical, gas, telephone, and cable TV services, shall be provided underground
in accordance with 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.
* 10. All new utilities required to serve the development shall be installed underground.
* 11. All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
I. MISCELLANEOUS
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.
2. 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 Preliminary
Development Plan - Rezoning (PUD 98 -01) and Final Development Plan (DP 97-
08) 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.
Use of a private gated entrance to the office /theater development is expressly
prohibited.
4. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94 -19) and all applicable construction and
PAGE 16 OF RESOLUTION NO. 32-98
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,
vehicle /equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs 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.
5. The pedestrian plaza shall be made available to the general public and can not be
designated for private uses only,
6. Bicycle rack shall be installed on the project site, at a location deemed appropriate
by the Town's Traffic Engineer.
APPROVED by the Danville Town Council at a regular meeting on February 17, 1998
by the following vote:
AYES: Waldo, Arnerich, Doyle, Greenberg, Shimansky
NOES: None
ABSTAIN: None
ABSENT: None
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
PAGE 17 OF RESOLUTION NO. 32-98