HomeMy WebLinkAbout2020-08RESOLUTION NO. 2020-08
APPROVING DEVELOPMENT PLAN REQUEST DEV19-0024 AND LAND USE
PERMIT REQUEST LUP19-0021 ALLOWING THE CONSTRUCTION OF A
NEW 830 SQUARE FOOT DRIVE-THROUGH CAR WASH, A 372
SQUARE FOOT EXPANSION OF AN EXISTING CONVENIENCE
STORE, A NEW TRASH ENCLOSURE, AND MINOR EXTERIOR
IMPROVEMENTS TO THE EXISTING BUILDING LOCATED
AT 400 DIABLO ROAD (APN: 196-440-001)
WHEREAS, PM DESIGN (Applicant) and GREEN VALLEY SHOPPING CENTER, LTD
(Owner) has requested approval of a Development Plan and Land Use Permit request to
allow for the construction of a new 830 square foot drive-through car wash, a 372 square
foot expansion of an existing convenience store, and a new trash enclosure; and
WHEREAS, the site is located at 400 Diablo Road, within the Green Valley Shopping
Center, and further identified as Assessor’s Parcel Number 196-440-001; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15301, Class 1; and
WHEREAS, the Planning Commission did review the project at a duly noticed public
hearing on October 13, 2020; 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 request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, 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 DEV19-0024 and Land Use Permit request LUP19-0021, per
the conditions contained herein, and makes the following findings in support of this
action:
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FINDINGS OF APPROVAL
Development Plan Request
1. The applicant intends to obtain permits for construction within eighteen months
from the effective date of plan approval.
2. The proposed development plan is consistent with the General Plan in that site’s
General Plan land use designation of Commercial – General Commercial.
3. 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. Required project improvements;
b. Proper entrances and exits;
c. Internal provisions for traffic and parking; and
4. 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.
5. The proposed project would substantially conform to the architectural design
criteria and applicable development standards set forth by the Town.
6. The project will fit harmoniously into the Town and will be consistent with the
intent and purpose of development envisioned for R-B; Retail Business District.
Land Use Permit Request
1. As conditioned by the project entitlement, the land use will not be detrimental to
the health, safety, and general welfare of the Town.
2. The land use will not adversely affect the orderly development of property within
the Town in that, the project site is currently developed as a gas station served by multiple
driveway connections to the abutting streets and the proposed development’s site plan
layout would improve the circulation patterns in and around the parking lot.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town in that, the proposed development includes
commercial uses that will contribute to the property value and tax base within the Town.
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4. The land use will not adversely affect the policy and goals as set by the Danville
2030 General Plan in that, the proposed project substantially conforms with the R-B; Retail
Business zoning district.
5. The proposed land use will not create a nuisance and/or enforcement problem
within the neighborhood or community in that, the there is an existing service station
on the site. Circulation improvements required as part of this approval will improve existing
traffic and circulation on the site.
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
1. This approval is for Development Plan request DEV19-0024 and Land Use
Permit request LUP19-0021 allowing the construction of a new 830 square
foot drive-through car wash, a 372 square foot expansion of an existing
convenience store, a new trash enclosure, and minor exterior improvements
to the existing building located at 400 Diablo Road. Development shall be
substantially as shown on the project drawings and reports as follows:
a. Project plans labeled “Chevron Tenant Development,” as prepared
by PM Design, consisting of 16 Sheets, and dated 4/27/2020.
b. Landscape Plan labeled “Chevron Branded,” as prepared by PM
Design, consisting of one sheet, and dated 11/19/19.
2. 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, and/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/or Chief
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Building Official and may be rejected by the Town if it is not comprehensive
with respect to the applicable conditions of approval.
* 3. 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: $305.64 [(57
notices x $0.83 per notice) + ($105)] x (2 mailings); and
* 4. 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 Schoo l
District have been, or will be, met to the satisfaction of these respective
agencies.
* 5. If during-the-course of project construction, 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 recommence 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.
* 6. 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 construction, no further
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.
* 7. 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 construction of the project.
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* 8. Planning Division sign-off is required prior to final Building Inspection
sign-off.
9. 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 Hazard
Emergency Response Act (AHERA) and California Division of
Occupational Safety and Health (Cal/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 11, Rule 2.
c. 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 protection, and mandates good worker pract ices by
workers exposed to lead. Contractors performing lead-based paint
removal shall provide evidence of abatement activities to the Town
Engineer.
d. If the asbestos containing-materials (ACM) report determines there
are ACMs present, the applicant shall have the responsibility to:
i. Remove and dispose all ACM in accordance with applicable
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Federal, State and local regulations governing asbestos
including, but not limited to those promulgated by OSHA,
EPA, Cal-OSHA, Cal-DPH, DTSC, and the Bay Area Air
Quality Management District (BAAQMD);
ii. 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;
iii. Retention of a State of California licensed and Cal-OSHA
registered asbestos contractor to complete the recommended
pre-demolition abatement of all ACM at the site;
iv. Provision of a 10 working day minimum advanced written
notification to BAAQMD prior to demolition activities (with
said notice to be accompanied by payment of requisite
administrative fees); and
v. Provision of an “Intent to Conduct ACM Related Work”
notification to Cal-OSHA.
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 Cal-OSHA worker exposure
regulations; and (c) provision of an “Intent to Conduct Lead Related
Work” notification to Cal-OSHA.
f. 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.
10. 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
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schedules in effect at the time payment is made, with fees to be paid prior
to issuance of grading or building permits.
11. 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 workdays. Dust-producing activities shall be
discontinued during high wind periods.
12. 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 publicly owned
property unless preauthorization is secured from the Engineering Division
through review and issuance of an encroachment permit.
B. SITE PLANNING
1. 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.
2. Prior to issuance of Building Permit, the applicant shall submit the location
and detail of Town approved bicycle parking/racks.
3. 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.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. The plan shall include common names
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of all plant materials and shall indicate the size that various plant materials
will achieve within a five-year period of time.
* 2. 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.
* 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 true shrubs planted in the project 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 or covered with mulch. All proposed ground cover shall
be placed so that it fills in within two years.
5. 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 recommendations 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 2006 (AB 1881).
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/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.
2. Trash, 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
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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.
3. If additional/new signage is desired for the development, signage shall be
subject to review and approval by the Town and Design Review Board
under a separate Sign Review application.
E. PARKING
* 1. All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles and to avoid narrowing abutting walkways to an
inappropriate clear width dimension.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking. Compact spaces shall be no less than 8 feet
by 16 feet in size, inclusive of an allowable 2-foot maximum overhang.
* 3. 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.
4. The developer shall construct a raised curb landscape median extending the
east/west median between the subject site and Taco Bell to connect to the
existing tree well within the parking lot. That tree well curb shall be raised
to six inches and rounded at the eastern side. Appropriate signage and
pavement marking shall be installed as determined appropriate by the
Town’s Transportation Manager.
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.
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* 2. 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
feet of the exterior boundary of the project site, to the homeowner
associations of nearby residential projects and to the Town of Danville
Development Services Department, a notice that construction work will
commence. The notice shall include a list of contact persons with name, title,
phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for
dust, noise and litter control shall be expressly identified in the notice.
* 3. Where soil or geotechnical conditions encountered in grading operations
and/or site preparation work are different from that anticipated in the
preliminary geotechnical report or the design-level geotechnical
exploration, 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.
* 4. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 5. 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.
F. 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 District.
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* 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 natural 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 Permit; 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 and/or easements for
the construction of off-site temporary or permanent road and drainage
improvements.
* 6. All new utilities required to serve the development shall be installed
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 street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
8. 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.
b. 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
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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.
G. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right -of-way or
easement.
* 2. 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.
* 3. 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.
4. Any damage to street improvements now existing or done during
construction on or adjacent to the project site shall be repaired to the
satisfaction of the Engineering Division by the developer. As determined
warranted by the Engineering Division, such repair may include slurry seal;
pavement overlay; and/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.
* 5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Danville Municipal Code.
* 6. 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.
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* 7. 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.
* 8. 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 on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
* 9. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
* 10. 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.
* 11. No concentrated drainage shall be permitted to surface flow across
sidewalks.
H. 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 revised final
Development Plan review process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
* 3. 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
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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.
APPROVED by the Danville Planning Commission at a regular meeting on October 13,
by the following vote:
AYES: Bowles, Combs, Graham, Radich, Trujillo
NOES: None
ABSTAINED: Havlik
ABSENT: Verriere
______________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________
CITY ATTORNEY CHIEF OF PLANNING
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