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HomeMy WebLinkAbout2019-07RESOLUTION NO. 2OI9-07 APPROVING A DEVELOPMENT PLAN REQUEST, LAND USE PERMIT REQUEST, AND VARIANCE REQUEST TO ALLOW THE CONSTRUCTION OF A L0,600-SQUARE-FOOT TWO-STORY MIXED-USE BUILDING ON A 0.38 ACRE PARCEL AT L98 DIABLO ROAD (APN: 200-2L14201 WHEREAS, Nearon Enterprises (Owner/Applicant) have requested approval of a Development Plan request DEV18-0020, Land Use Permit request LUP18-0011, and Variance Permit request VAR18-0010, which collectively seek authorization to allow the construction of an approximately L0,600 square-foot two-story mixed-use building with two second story residential units and retail uses at the ground floor, and to allow 38% dependency on off-site municipal parking facilities when a minimum/maximum level of dependency of 25% is call for under zoning; and WHEREAS, the site is located at 198 Diablo Road, being the northwest corner of the intersection of Diablo Road and Front Street, identified as Assessor's Parcel Number 200- 211-020; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15303(c) New Construction or Conversion of Small Structures; and WHEREAS, the Planning Commission did review the project at a duly noticed public hearing on june 25,2019; 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 Planning Commission approve the requesû and WHEREAS, the Planning Commission did hear and consider all reports, recoÍunendations, and testimony submitted in writing and presented at the hearing; now therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DEV18-0020, Land Use Permit request LUP18-0011 and Variance Permit request VAR18-0010, per the conditions contained hereiry and makes the following findings in support of this action: 1 2. FINDINGS OF APPROVAL Development Plan Request The applicant intends to obtain permits for construction within eighteen months from the effective date of plan approval. The proposed development plan is consistent with the General Plan in that, the proposed project substantially conforms with the Downtown Master Plan and Danville's 2030 General Plan Economic Development Policy No. 9.02 which states: "Sustain Downtown Danville as the retail center of the community. Provide opportunities to extend the pedestrian-oriented retail character of Old Town Danville to other parts of Downtown." 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 or will be obviated by: a. Presently project improvements; b. Proper entrances and exits; c. Internal provisions for traffic and parking; and d. That the development will be an attractive and efficient center which will fit harmoniously into and will not have adverse effects upon the adjacent or surrounding development. The proposed project would substantially conform to the architectural design criteria and applicable development standards set forth by DBD Area 2 zoning regulations, with the exception for a Variance to exceed a maximum 25% dependency on off-site municipal parking - which is largely offset by the net creation of five additional public curbside parking spaces that would be possible through the elimination of existing driveways along the property's Diablo Road frontage. 3. 4. 5 1 The project will fit harmoniously into the Downtown and will be consistent with the intent and purpose of development envisioned for DBD Area 2 - Old Town Retail Transition. Land Use Permit Request As conditioned by the project entitlement, the land use will not be detrimental to the health, safety, and general welfare of the Town. PAGE 2 OF RESOLUTION NO. 2019-07 2.The land use will not adversely affect the orderly development of property within the Town in tlmt, the project site is currently deueloped as a gas station seraedby multiple driaezoay connections to the abutting streets ønd the proposed deuelopment's site pløn layout tuould result in ø significønt reduction in tlrc number of driaeuiay connections, promoting aehiculør and pedestriøn safety øt tltis corner lot location. Additionølly, the proposed deuelopment willhaae ø design, sítelocstion øndbuildinglæight øndmøssing that will complement one of the main entrances into Doutntoam Dønaille and will proaide pedestriøn friendly øreøs to eøsily øccess tlrc site utith or aithout ø aehicle. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town in tlut, the proposed deaelopment includes commercial/retail/residentøil uses tlmt utill contribute to the property uølue ønd tax base uithin tlrc Town. The land use will not adversely affect the policy and goals as set by the Danville 2030 General Plan in tlmt, tlrc proposed project substøntiølly conforms utith the Downtoutn Møster Plan qnd Dønville's 2030 General Pløn Economic Deaelopment Policy No. 9.02 whiclt støtes: " Sustain Dornntoutn Danaille øs the retøil center of the communify. Proaide opportunities to extend the pedestriøn-oriented retøil chøracter of Old Town Danaille to other pørts of DouÐntoT.rtn." The proposed land use will not create a nuisance and/or enforcement problem within the neighborhood or community and willbe consistent with the design and layout of the commercial building in thøt, the second-story residential use is not ønticipated to creøte a nuisønce and/or enforcement problem within the neighborhood or community and any nuisønce or safety concern utould be enforced by the Town's Code Enforcement Officer and the Danaille Police Department. The land use will not encourage marginal development within the neighborhood as the development in that, tlæ project utould improae the northwest corner of Diøblo Road ønd Front Street with a sophisticated tzuo-story mixed-use building thøt is in character utith Dam¡ille's Downtown Business District Area 2: Old Town Trønsition Center. aJ, 4. 6. 1,. 5. Variance Request The requested variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located in that, the Vøriance request to exceed tlæ 25% minimum/maxim.um støndørd for dependency on off-site municþøl pnrking facílities by creøting ø 38% leael of dependency on off-site municþøl pørking føcilities is substøntiølly consistent with existing deuelopment present on other DBD - Areø 2 zoned properties. Additionølly, the ffict of the enhanced lmel of dependency on municipal pørking facilities is lørgely offset by tlrc fact thøt the project deaelopment utill result in the PAGE 3 OF RESOLUTION NO. 2019.07 3 reduction and/or consolidcttíon of existing driaaaøy connections from the subject property onto abutting public streets, resulting in ø net ueation of =flae ødditionøl public curbside parking spøces. AdditionøIly, tlrc inclusion of three types of uses in the proposed mixed use project utill creøte a condition of offset peak parking need periods, Iessening furtlær tlrc effects of the project's enhønced dependency on offsite municipal pørking føcilities. 2.That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district in thøt, tlrc shøpe of the pørcel is an imperfect oblong ønd a corner lot tltøt lúnders the property's øbility to more efficiently redeaelop in ø manner possible by otlrcr similar commercinl properties within Downtoutn Danaílle ønd because the pørking demønd needs of the mix of uses to be established in the project serae to lessen the fficts of the project's enhønced dep endency on offsite municþ øl p arking føcilities. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located in that, the parking demønd needs of the mix of uses to be established in the project serae to lessen tlæ fficts of the project's enhønced dEendency on off-site municipal parking facilities. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of demolition permits, grading permits or building permits (as determined appropriate by the Planning Division). Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for Development Plan request DEV18-0020, Land Use Permit request LUP18-0011, and Variance request VAR18-0010, authoriztng the construction of a L0,600 square foot two-story mixed-use building with two residential units and office uses as second-story uses and with retail uses at the ground floor; with this approval also authoúzing the project to vary from t}:'e 25% minimum/maximum dependency on off-site municipal parking facilities by establishing a 38% dependency on off-site municipal parking facilities. Development shall be substantially as shown on the project drawings titled "Diablo/Front Mixed IJse" prepared by WHA, Inc. 1. PAGE 4 OF RESOLUTION NO. 2OI9-07 2. dated lll4ay 21.,2019, except as may be modified by conditions contained herein. The applicant shall submit a written Compliance Report signed by the applicant detailing how the conditions of approval for this project have been complied with as part of the initial submittal for the demolition permit, grading permit plan check, andf or building permit review process (whichever occurs first). 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 is subject to review and approval by the City Engineer and/or Chief of Planning and/ot Chief Building Official and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Prior to issuance of a demolition permit, grading permit, or building permit (whichever comes first), the applicant shall reimburse the Town for costs incurred for the provision of public notification for the project as following: Public notification of property owners within 750-foot radius: fi472.28l(158 notices x $0.83 per notice) + ($105)l x (2 mailings); and 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. Prior to issuance of demolition permit, the applicant shall conduct a Phase I Inventory of Cultural Resources pursuant to the Native American Heritage Commission Standards. Additional Phases may be required if record search reveals sensitive cultural resources. If during the course of project constructioru archaeological resources or human remains are discovered, work shall be halted within 20 feet of the find until a qualified professional archaeologist can evaluate it. Work shall not recoÍunence until the project archaeologist has submitted documentation to the Town indicating that discovered resources have been adequately salvaged and no further resources have been identified within the area of disturbance. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during constructiorL no further aJ 4 5 6 7. PAGE 5 OF RESOLUTION NO. 2O1.'9.O7 * * * 8. 9 10. 11. 12 excavation or disturbance shall be conducted on the site or any nearby area reasonably suspected to overlie adjacent remains. The Contra Costa County Coroner shall be notified and make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re-inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. The applicant shall provide security fencing as determined necessary and, to the satisfaction of the City Engineer and/or the Chief Building Official, around the construction site during conskuction of the project. 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. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Planning Division sign-off is required prior to final Building Inspection sign-off. The applicant shall be responsible for washing the exterior of abutting commercial buildings at the completion of demolition activities. The extent of cleaning efforts to be performed and the timing (and frequency) of such cleaning shall be subject to review and approval by the Planning Division. Prior to issuance of a demolition permit or a grading permit (whichever comes first), or any other form of site disturbance, the following conditions shall be complied with: a. Site Management Plan (SMP) and Health and Safety Plan (HSP) shall be prepared that establishes appropriate management practices for handling suspect conditions (e.g., soil with an odor or discoloration) or structures, if encountered during construction activities. b. An asbestos survey shall be conducted by an Asbestos Hazatd Emergency Response Act (AHERA) and California Division of PAGE 6 OF RESOLUTION NO. 2019-07 c. d. Occupational Safety and Health (CaI/OSHA) certified building inspector to determine the presence or absence of asbestos containing-materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the Bay Area Air Quality Management District (BAAQMD) Regulation 1L, Rule 2. If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material for the presence of lead by a qualified Environmental Professional. If lead- based paint is found, the applicant shall be responsible for abatement, which shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1., which specifies exposure limits, exposure monitoring and respiratory protectioru and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the Town Engineer. If the asbestos containing-materials (ACM) report determines there are ACMs present, the applicant shall have the responsibility to: Remove and dispose all ACM in accordance with applicable Federal, State and local regulations governing asbestos including, but not limited to those promulgated by OSHA, EPA, Ca1-OSHA, Cal-DPF{, DTSC, and the Bay Area Air Quality Management District (BAAQMD); 11.Supply notification to employees/ contractors, subcontractors, and tenants having access to the buildings on the project site as to the presence, location, and quantity of ACMs documented to be present at the site, with such notification to occur within 15 days of receiving such information; Retention of a State of California licensed and CaI-OSHA registered asbestos contractor to complete the recommended pre-demolition abatement of all ACM at the site; 111. PAGE 7 OF RESOLUTION NO. 201"9.07 1V V Provision of a 10 working day minimum advanced written notification to BAAQMD prior to demolition activities (with said notíce to be accompanied by payment of requisite administrative fees); and Provision of an "Intent to Conduct ACM Related Work" notification to CaI-OSHA. f e.If the lead-based paint (LBP) report determines there are LBPs present, the applicant shall have the responsibility to: (a) remove and dispose all LBPs in accordance with applicable Federal, State and local regulations; (b) advise contactors engaged in work at the site that LBPs are present and that said LBPs shall only be impacted by properly trained workers, using appropriate lead-related work practices in compliance with applicable CaI-OSHA worker exposure regulations; and (c) provision of an "Intent to Conduct Lead Related Work" notification to Ca1-OSHA. A permit is required from the Contra Costa Health Services Department - Environmental Health Division (CCEH) for any well or soil boring prior to commencing drilling activities, including those associated with water supply, environmental investigation and cleanup, or geotechnical investigation. Prior to commencement of ground disturbance activities, the applicant shall submit a signed copy of the Nototomne Cultural Preservation Representatives (Northern Valley Yokut/ Ohl one / Bay Miwuk) Consensual Agreement to the Planning Division for post-ground disturbance site visit, potential effects on previously undiscovered archeological resources, tribal cultural resources-awareness training, native American monitoring, and inadvertent discoveries to be reviewed and approved to the satisfaction of the Chief of Planning. During ground disturbance and if artifacts and/or human remains are uncovered, the applicant shall immediately stop construction. The applicant shall then notify Ed Silva, Natural Resources Coordinator of Wilton Rancheria Tribe; Katherine Perez, Nototomne Cultural Preservation Tribe; and Andrew Galvan, The Ohlone Indian Tribe; and the appropriate Federal and State Agencies, with such obligations as substantially established under the Archaeological Resources Protection Act (ARPA) [16 USC 4691, the Native American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-30013], Health and Safety Code section 7050.5, and Public Resources Code section 5097.9 et al. 13. 14. PAGE 8 OF RESOLUTION NO. 2OT9-07 15 16. The applicant shall be responsible for the payment of all development processing fees and impact fees associated with the project and may seek offsets for the current use of the property as authorized by the applicable regulation or fee. The fee amounts to be paid shall be reflective of the fee schedules in effect at the time payment is made, with fees to be paid prior to íssuance of grading or building permits. In addition to building permit plan check and inspection fees, notice should be taken of the following processing fee and impact fee categories that will be applicable to the project - with this listing not necessarily to be construed as a complete listing of applicable fees: a. Improvement Plan Check Fee (3% of cost estimate) b. Engineering Inspection Fee (5% of cost estimate) c. Grading Plan Check,Inspection and Permit Fee (to be determined) d. Child Care Facilities - Residential Fee ($155.00lunit) e. Child Care Facilities - Commercial Fee ($0.25/sq. ft.) f . Parkland In-lieu Fee ($6,831.00/unit) g. Storm Water Pollution Program Fee - Residential ($228.00) h. Storm Water Pollution Program Fee - Commercial ($464.00) i. SCC Regional Fee - Residential ($1,465.00/unit) j. Transportation Imp. Program Fee - Residential ($1,400.00/unit) k. Tri-Valley Transportation Fee - Residential ($3,178.00/unit) l. SCC Regional Fee - Commercial ($1.46/sq. ft.) m. SCC Regional Fee - Office ($2.65lsq. ft.) n. Transportation Imp. Program Fee - Commercial ($4.50 / sq. ft.) o. Tri-Valley Transportation Fee - Commercial (fi3.a1/ sq. ft.) p. Tri-Valley Transportation Fee - Office (67.8a/ sq. ft.) The applicant shall make payment of applicable California Department of Fish and Wildlife (CDFW) CEQA Environmental Document Filing Fee within four days of the effective date of the project approval, unless the applicant submits to the Town of Danville a written explanation as to the basis, under Cal. Code Regs., trt.14, SS 15260-15333 and Fish & G. Code, S 711.4, subd. (dxl), that the project is exempt from paying filing fee. A copy of this written explanation shall concurrently be forwarded to CDFW. 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 17. PAGE 9 OF RESOLUTION NO. 2OL9.O7 18 19 B. SITE PLANNING 1. holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. The residential units developed in the project may be used for home occupation uses, as that activity is defined in Section 32-2.2 ("Words and Phrases Defined") of the Danville Municipal Code and as regulated in Section 32-22.5.b. ("Home Occupation" requirements) of the Danville Municipal Code. Any home occupation use established shall be clearly ancillary to the primary, residential use of the unit it is located within. Home occupation compliance reports shall be processed for each proposed home occupation through the Planning Division and business license applications shall be processed through the Finance Department before the home occupation use is established. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Danville Development Services Department prior to the issuance of a demolition permit, grading permit, or building permit. No staging or storage shall occur in the public right-of-way or on publically owned property unless preauthorization is secured from the Engineering Division through review and issuance of an encroachment permit. 2. aJ The location of any pad mounted electrical transformers, if different than shown on the plans referenced in Condition A.1 above, shall be subject to review and approval by the Danville Development Services Department and DRB prior to the issuance of a building permit. Unless determined not feasible by these reviewing bodies, such transformers shall not be located between any street and the front of a building and shall be adequately screened and mitigated with appropriate landscaping. Prior to issuance of Building Permit the applicant shall submit the location and detail of Town approved bicycle parking/racks. Exterior wall-mounted lighting shall be at the minimum lighting intensity necessary to provide adequate lighting for safety and security purposes. Project light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting. Prior to the issuance of building permits, the applicant shall submit a photometric plan as part of the lighting plan that indicates lighting locations and fixture details and provides the corresponding photometric information. This plan shall be PAGE 1.0 OF RESOLUTION NO. 2019.07 subject to review and approval by the Danville Development Services Department and the Design Review Board (DRB). If required by the Planning Division andf or the DRB, field modifications found necessary to prevent inappropriate levels of off-site light intrusion and/or glare shall be made. * C. LANDSCAPING 1 *2 *J 4. 5. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division and 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. The irrigation system shall comply with East Bay Municipal Utility District's Section 31 Water Efficiency requirements, including use of a weather-based controller with soil moisture probe and rain-shutoff switch. All trees shall be a minimum of 1S-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 true shrubs planted in the project shall be 10 or 15- gallon container size shrubs. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or covered with mulch. All proposed ground cover shall be placed so that it fills in within two years. The Final Landscape and Irrigation Plans submitted for the Project shall be accompanied by a written report prepared by the Project Landscape Architect documenting how the plans comply with applicable outdoor water-use efficiency recoTrunendations and requirements in place at the time of their submittal. The report shall, at a minimum, speak to conformance to applicable East Bay Municipal Utility District (EBMUD) recommendations and requirements and the State of California Department of Water Resources requirements that would pertain to the project regarding the Water Conservation in Landscaping Act of 20A6 (AB 1881). PAGE 11 OF RESOLUTION NO. 2019.07 * D. ARCHITECTURE 1. 5. All ducts, meters, air conditioning andf or any other mechanical equipment, whether on the building or on the ground, shall be effectively screened from view with landscaping or materials architecturally compatible with the main buildings. Trastu refuse and recycling shall be contained within trash/recycling enclosures that are architecturally compatible with the project architecture. The trash/recycling area shall have lockable and self-closing doors. Prior to initiating the application for building permit, the applicant shall document to the Town's satisfaction that adequate coordination has been made with the project site's solid waste purveyor to verify that the planned trash/recycling areas are appropriately sized and located to handle projected trash and recycling generation levels for the project. The trash/recycling area shall be designed so as not to allow stormwater run- off to enter the area from adjacent surfaces nor to allow wastewater originating from the area to seep outside the area. The area drains for the trash/recycling areas shall be connected to the sanitary sewer, not the storm drain system. The trash/recycling enclosures shall be equipped with hot and cold water supplies. The project trash/recycling program shall include provision for on-site shared collection bins for compostable waste. Prior to the issuance of building permits, the proposed method to denote street numbers for the approved structures and the individual residential units in the project shall be submitted for review and approval by the Planning Division. Street numbering of the approved structures shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. If project freestanding signage for the development is desired, a Sign Review permit shall be submitted to the Town for consideration under a separate application prior to sign installation. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board (DRB) prior to the issuance of building permits for new construction. Final architectural elevations, details and revisions, presented in construction plan detail, shall be submitted for review and approval by the DRB prior to issuance of building permits for the project. Ten full size sets of progress construction drawings for the project shall be submitted for the review. 2. 3 4 6. PAGE 12OF RESOLUTION NO. 2A19.07 7 In conjunction with the preparation of the final working drawings for the two residential units, to the extent feasible, efforts shall be made to maximize the size of individual storage areas available to the units. The exact locatiorç size and configuration of the storage areas shall be subject to review and approval by the Planning Division prior to the issuance of building permits. Unless otherwise directed through building code regulations, roof vents established on the residential buildings which are visible from the surrounding public or private roadway system shall be limited to low profile roof vents. All residential roof vents shall be painted a color to blend with the roof and shall be painted with a flat finish. To the extent feasible, the project developer shall install bicycle storage facilities serving the project. The exact locatioru size and configuration of the bicycle storage facilities shall be subject to review and approval by the Planning Division prior to the issuance of building permits. 8. E. PARKING 1 9. *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 and to avoid narrowing abutting walkways to an inappropriate clear width dimension. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking. Compact spaces shall be no less than 8 feet by 1.6 feet in size, inclusive of an allowable 2 foot maximum overhang. Regulatory signage / curb painting for non-parking sections of the interior roadways shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the Transportation Division. 2. *3. F. GRADING 1,.Any grading on adjacent properties requires provision to the City Engineer of appropriate written approval of those property owners affected by the grading. At least one week prior to commencement of grading or demolition, the applicant shall post the site and mail to the owners of property within 300 *2. PAGE 1.3 OF RESOLUTION NO. 2OL9-07 * 3. 4. 5. 6. 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 coÍunence. 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. To adequately mitigate the shaking effects associated with a moderate to high earthquake within the San Francisco Bay regiory all project buildings shall, at a minimum, be designed using sound engineering judgment and the California Building Code requirements applicable at building permít submittal. Buildings shall be designed to reflect the project site's Seismic Site Classification and shall provide for the soil profile and seismic coefficients cited in a project-specific geotechnical report. Prior to submittal for project building permits, a design-level geotechnical exploration of the project site shall be made that shall include soil sampling and laboratory testing for the evaluation of the expansion potential of soils present at the site. Mitigation measures called for in that report for both general site improvements and for structure foundation design shall be followed to mitigate potential impacts resulting from the presence of expansive soils. Prior to commencing drilling activities for any soil borings associated with the geotechnical investigation (or any environmental investigation andf or cleanup) a permit from the Contra Costa Environmental Health Division shall be secured. The design-level geotechnical exploration shall be of a sufficient scope and detail to document whether compressible soil layers are present at the project site. As dictated by the findings of that report, project foundation design utilized in the project shall be as necessary to mitigate potential total or differential settlement of compressible soil layers as a result of planned loading at the surface associated with new buildings and/or fill. Where soil or geotechnical conditions encountered in grading operations andf or site preparation work are different from that anticipated in the preliminary geotechnical report or the design-level geotechnical exploratiorl a revised report shall be prepared and submitted for review and approval by the Engineering Division. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 14 OF RESOLUTION NO. 2AI9-07 7 8* Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during constructioru 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. Prior to issuance of Demolition Permit, Grading, or Building Permits, the applicant shall obtain the following permits and include revisions to the construction drawing plan set to be reviewed and approved by the Contra Costa Environmental Health (CCEH) as follows: a.Obtain a permit from CCEH for any well or soil boring prior to coÍunencing drilling activities, including those associated with water supply, environmental investigation and cleanup, or geotechnical investigation. Dumpster areas serving retail food facilities are required to have a drain connection to the sanitary sewer and to be equipped with hot and cold water supplies. Hazardous construction and demolition materials shall be separated from those than can be recycled or disposed of. Debris from construction or demolition activity shall go to a solid waste or recycling facility that complies with the applicable requirements and can lawfully accept the material (e.g., solid waste permit, EA Notification, etc.). The debris must be transported by a hauler that can lawfully transport the material. Debris bins or boxes of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container. Non-source separated waste materials shall not be brought back to the contractor's yard unless the facility has the appropriate solid waste permit or EA Notification. 9 b c. d. e. PAGE 15 OF RESOLUTION NO. 2OI9.O7 10. f If tenancy is subject to regulation by CCEHD, the tenant shall apply for the applicable health permit (e.g., medical waste). Prior to commencement of construction activity (site demolition, grading, building, etc.), the applicant shall submit plans to Contra Costa Health Services Hazardous Materials Department for review and approval off removal of underground tanks and requisite permits for handling hazardous waste. INFRASTRUCTURE 1 Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. 2.All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the Diskict. 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. 4 Stormwater entering or originating within the project site shall be collected and conveyed via an approved storm drain facility to the nearest adequate man-made drainage facility or adequate nafural watercourse/ without diversion of the watershed (unless otherwise authorized by the City Engineer), in accordance with the Preliminary Stormwater Control Plan; the C-3 Provision of the adopted Municipal Regional Permiü and as determined by the Engineering Division. Development which proposes to contribute additional water to existing drainage systems 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.The project developer shall furnish proof to the Engineer Division of the acquisition of all necessary rights of entry, permits andf or easements for the construction of off-site temporary or permanent road and drainage improvements. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing F * * * * *6. PAGE 1.6 OF RESOLUTION NO. 2019-07 * I ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards or in public streets. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. Prior to issuance of Grading Permit, Building Permit, the applicant shall submit construction drawings to Central Contra Costa Sanitary District (Central San) for review and approval. Central San has included the following conditions/revisions required to be included on any construction drawings: a.The applicant shall obtain a permit for the proposed project. The applicant will be required to first cap and abandon or reuse the existing lateral. Prior to submittal of Improvement Plans, the applicant shall submit a full-size Improvement plan to Central San for review and approval. The commercial businesses would be subject to Central San's Source Control Ordinance and specific source control requirements shall be reviewed and approved during Improvement plan submittal. C.The applicant shall submit payment of capital improvement fees for developments that generate an added wastewater capacity demand to the sanitary sewer system. b G ù STREETS 1 2. 3. The applicant shall obtain an encroachment permit from the Engineering Division or the Contra Costa County Public Works Department prior to conunencing any construction activities within any public right-of-way or easement. 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 shall be swept each day. Water flushing of site debris or sediment or concrete washing is prohibited. Aty damage to street improvements now existing or done during construction on or adjacent to the project site shall be repaired to the * 4. PAGE 17 OF RESOLUTION NO. 2OI9-O7 * * * * * 5 6 9 10. 7 I satisfaction of the Engineering Division by the developer. As determined warranted by the Engineering Division, such repair may include slurry seal; pavement overlay; andf or street reconstruction. Prior to commencement of any site work, the project developer shall establish baseline preconstruction roadway conditions in a manner satisfactory to the City Engineer for that portion of Diablo Road that would potentially be impacted by construction and for the private roadways that would be retained after project construction on the subject property and the two abutting commercial properties between the main development area on the project site and Diablo Road. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards andf or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. At the time project improvement plans are submitted, the developer shall supply to the Engineering Division an up-to-date title report for the project site. Appropriately designed and constructed disabled access ramps shall be provided at all pedestrian street and driveway crossing locations, as required by the Engineering Division or the Building Division. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown onthe projectplans identified in #4.1. above and shall conform to Standard Plan 104 a & b. The Project shall be required to stripe curbs and install any necessary parking or circulation signage/ as determined by the Transportation Division. Prior to the approval of the Improvement Plans, Danville Transportation Division shall review and approve the location, type and design of the speed control device and the locations and number of signs and striping. No concentrated drainage shall be permitted to surface flow across sidewalks. *11. PAGE 1.8 OF RESOLUTION NO. 2OI9-07 12 b. 13. H. MISCELLANEOUS 1 Prior to issuance of Building Permit, the applicant shall include the following notes on the construction drawings and will be required to submit for San Ramon Valley Fire Protection District review and approval: a.For buildings 30 feet (11 meters) and over in height above natural grade the required fire apparatus access roadway shall be a minimum of 26-feet (8 meters) in width and shall be positioned parallel to at least one entire side of building, and the inside curb shall be located within a minimum of L5 feet (4,572 mm) and a maximum of 30 feet (9,L44 mm). Fire flow requirements for buildings or portions of buildings and facilities shall be in accordance with CFC or other approved methods. Provide flow data from appropriate water purveyor to demonstrate that the fire flow is adequate. a b Prior to issuance of Grading Permit/Improvement Plan submittal, the applicant shall provide the following requests included on the plan set for review and approval by the Town's Transportation Manager as follows: The curb ramp at the northwest corner of Diablo Road and Front Street intersection shall be modified to meet ADA requirements and clearance of planter retaining curbs. Plans should indicate the location of the pull boxes (traffic signal and communication) at the northwest corner of Diablo Road with respect to planters, the pull boxes shall be protected from irrigation. c.The pedestrian push button post shall be relocated to accommodate new curb and ramp and planter retaining curb and pedestrian push buttons modified to audible ADA push buttons per MUTCD standard. *The project shall be constructed as approved. Minor modifications in the desigru but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the revised final Development Plan review process. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Towru has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in *2. PAGE 1.9 OF RESOLUTION NO. 2OI9.O7 * * 3. 4. 5. negotiations/ the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. A1l easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify and hold harmless the Town of Danville and its agents, officers and employees from any claim, action or proceeding against the Town or its agents, officers or employees to attack, set aside, void, or annul, the Town's approval concerning this application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action or proceeding and cooperate fully in the defense. In conjunction with the submittal for a project demolition permit andf or a building permit the project developer shall submit a recycling plan for building and conskuction materials and the disposal of green waste generated from land clearing on the site, consistent with Chapter L0-10 of the Danville Municipal Code. Prior to obtaining framing inspection approval for the project, the developer shall provide the Planning Division with written documentation (e.g., receipts and records) documenting that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to the approved recycling plan or in an equivalent manner. In conjunction with observance of the approved recycling pIan, developer shall have the responsibility to document proper recycling/disposal of fluorescent light bulbs and ballasts, security light bulbs, electrical switches, and other demolition by-product containing mercury, PCBs, refrigerants, etc. in accordance with applicable regulations. As appropriate, a California licensed hazardous waste hauler shall conduct kansportation of these items from the site. The project is in the San Ramon Creek watershed. The project shall mitigate the impact of additional stormwater runoff from development on San Ramon Creek by either of the following methods: Remove L cubic yard of channel excavation material from the inadequate portion of San Ramon Creek for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the project developer at his own cost. The site selectioq land rights, and a PAGE 20 OF RESOLUTION NO. 2OI9-07 6. conshuction staking will be performed by the Contra Costa County Flood District & Water Conservation District (FC District). or/ upon written request by the project developer: b.Provide for a cash payment in lieu of actual excavation and removal of material from the inadequate portion of San Ramon Creek. The cash payment will be calculated at a rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the FC District's standard impervious surface area ordinance. The FC District will use these funds to work on San Ramon Creek annually. The mitigation fee for this project will be based on the increase of impervious area. The project developer shall supply a worksheet to the FC District, which includes a scalable map that shows the square footage of the existing and proposed impervious areas. The project shall conform to the Regional Water Quality Control Board post-construction C.3 regulations which shall be designed and engineered to integrate into the project's overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: a. Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Construction Plan C.3 Checklist as described in the Town's S tormwater C.3 Guidebook. b.As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas/ treatment (Best Management Practices) BMPs, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in c PAGE 21 OF RESOLUTION NO. 2OT9-07 the Stormwater Control Plan which pertain to the transfer of ownership andf or long-term maintenance of stormwater treatment or hydrograph modification BMPs. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit, for the Town's review and approval, a Stormwater BMP Operation and Maintenance Plan in accordance with the Town of Danville guidelines. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Appendix F of the Town's Stormutøter C.3 Guidebook. 7 The property owner shall be responsible for maintenance and maintain the following: a.Landscaping, including street trees, plant material on corner of site, and within parking lot. b. Bicycle racks, benches, and seat walls Permeable pavers on sidewalk and within project vicinity APPROVED by the Danville Planning Commission at a regular meeting on June 25,2019 by the following vote: AYES:Bowles, Combs, Haberl, Havlik, Radich, NOES: None ABSTAINED: None ABSENT: Graham, Truiillo APPROVED AS TO FORM:ATTEST: d c -7LFß&> CITY ATTORNEY G PAGE 22 OF RESOLUTION NO. 2019-07