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HomeMy WebLinkAbout2022-07 RESOLUTION NO. 2022-07 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, DEVELOPMENT PLAN REQUEST DEV21-0003 AND LAND USE PERMIT REQUEST LUP22-0002 ALLOWING THE DEVELOPMENT OF A 22,847 SQUARE FOOT SELF-STORAGE FACILITY. A LAND USE PERMIT IS REQUIRED TO ALLOW A SELF-STORAGE USE WITHIN A ZONING DISTRICT WHICH REQUIRES OFFICE USE. THE SITE IS LOCATED AT 344 DIABLO ROAD (APN 196-210-038). WHEREAS, CHRIS KOENIG (Owner/Applicant), TODD FITCH, and WEINBERG PROPERTIES LLC (Owners) have requested approval of Development Plan application DEV21-0003 and Land Use Permit application LUP22-0002 to allow for the construction of a 22,847 +/- square foot self-storage facility; and WHEREAS, the subject site is located at 344 Diablo Road is further identified as Assessor’s Parcel Number 196-210-038; and WHEREAS, the Land Use Permit would allow for a storage use in Downtown Business District Area 6, while that district calls for offices uses; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires Planning Commission approval of a Development Plan and Land Use Permit; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, with the incorporation of Mitigation Measures, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 26, 2022; and WHEREAS, the public notice of this action was given in all respects as required by law; 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 approves the Mitigated Negative Declaration of Environmental Significance, Development Plan request DEV21-0003 and Land Use Permit LUP22-0002 subject to the conditions contained herein, and make the following findings in support of this action: Development Plan: DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 2 OF RESOLUTION NO. 2022-07 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The development will be an attractive and efficient development, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development, in that, the applicant worked with a professional design team and the Town’s reviewing bodies to determine the most appropriate and reasonable approach to the new building and its interactions with surrounding businesses. 3. The proposed development is consistent with the Danville 2030 General Plan and the DBD; Downtown Business District Ordinance, in that the proposed development will fit into the fabric of the downtown character. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town, in that the development will meet all health and safety codes and is subject to compliance with all applicable building codes and requirements. Land Use Permit: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2030 General Plan. 2. The design of the proposed building is in substantial conformance with the applicable zoning regulations. 3. The land use will not be detrimental to the health, safety, and general welfare of the Town. 4. The design of the proposed building and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where commercial development has previously occurred. 5. The design of the proposed building proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval that are italicized are mitigation measured DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 3 OF RESOLUTION NO. 2022-07 derived from the Mitigated Negative Declaration of Environmental Significance. Unless otherwise specified, the following conditions shall be complied with prior to the approval of the final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for Development Plan request DEV21-0003 and Land Use Permit request LUP22-0002 allowing the development of a 22,847 square foot self-storage facility located at 344 Diablo Road. The Land Use Permit allows for the building to be occupied by a storage use. Except as may be modified by these conditions of approval, development shall be substantially as shown on the project drawings as follows: a. Floor plans, elevations, colors and materials labeled “Danville Self Storage,” as prepared by FCGA Architecture, consisting of 10 sheets, dated received by the Planning Division on December 7, 2021. b. Tree Survey Report prepared by Arbor Vision Inc., dated July 19, 2021. c. Grading and Drainage Plan prepared by Humann Company Inc., dated received by the Planning Division on March 11, 2022. 2. All Town and other related fees that the property may be subject to shall be paid by the applicant. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Planning Commission final approval action. The following fees are due at building permit issuance for the project: 1. Finish Grading Inspection Fee ............................... $ 86/unit 2. Stormwater Pollution Program Fee ....................... $ 56/unit 3. SCC Regional Fee (1 unit) .......................................$ 1,593.00 4. SCC Sub-Regional Fee (1 unit) ...............................$ 4,395.00 5. Residential TIP Fee (1 unit) .....................................$ 2,000.00 6. Tri-Valley Transportation Fee (1 unit) ..................$ 5,057.00 3. Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $159.01 ($120 plus 47 notices x $0.83 per notice x three notices). DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 4 OF RESOLUTION NO. 2022-07 * 4. Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. * 5. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. * 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3’ x 3’ sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. * 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. 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. * 9. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report. 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 applicant must sign the report. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 5 OF RESOLUTION NO. 2022-07 may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. * 10. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. Wildlife exclusion fencing shall be installed around the perimeter of the drainage channel, the perimeter of the project site, and around environmentally sensitive areas and any documented occurrences of rare plants to ensure that ground dwelling wildlife species are precluded from accessing the construction area. In addition, evidence that appropriate permits from the various resource agencies shall be submitted to the Town prior to issuance of building permits. C. LANDSCAPING 1. If tree removal must take place between February 1st and August 31st,, preconstruction nesting surveys shall be conducted by a qualified biologist to ensure no nesting birds would be impacted by the trees’ removal. If birds are determined to be nesting in the tree(s) slated for removal or in a nearby tree that could be disturbed by noise, a non-disturbance buffer shall be demarcated around the nest tree and no disturbance shall occur within the buffer zone until the present birds have finished nesting. Once nesting is completed and the young birds are flying freely, the non- disturbance buffer may be removed. 2. A security deposit, in the amount of the assessed value of the Town- protected tree(s) for which grading is proposed to occur within the dripline (calculated pursuant to the Town’s Tree Protection Ordinance), shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the “Guide for Establishing Values of DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 6 OF RESOLUTION NO. 2022-07 Trees and Other Plants,” by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. All grading or construction work in proximity to Town-protected trees shall be supervised by a Certified Arborist. 3. A certified Arborist shall be present on-site during the period of time that any construction is to occur within the dripline of remaining trees to ensure that tree roots are not impacted by development. 4. A comprehensive revegetation plan shall be developed which uses native species adapted to the area’s climate. The plan will protect and enhance the riparian corridor with post-project monitoring and 80%/5-year success criteria for plants placed. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. 3. Project signage is not approved as part of this application. Design of tenant signage, including any proposed lighting, shall be submitted for review and approval by the Design Review Board under a separate Sign Permit application. E. GRADING * 1. 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 DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 7 OF RESOLUTION NO. 2022-07 be subject to review and approval by the Town’s Engineering and Planning Divisions. * 2. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. * 3. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord19-4). 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. * 4. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. * 5. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. 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 property owner shall make provisions for immediate containment of the materials. * 7. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 8. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 8 OF RESOLUTION NO. 2022-07 also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. 9. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. All staging of construction materials and equipment shall occur on-site. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. 10. A robust erosion control plan shall be developed to ensure water quality and aquatic resources in Green Valley Creek are not impacted. The erosion control plan should include proactive measures to prevent sediment and contaminants from entering Green Valley Creek as a result of project activities both during and after construction. F. 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, 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. G. INFRASTRUCTURE DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 9 OF RESOLUTION NO. 2022-07 * 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. Any work conducted on the street for sewer connection shall be coordinated with the Town’s Development Services Department to avoid or minimize any public impact. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. * 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 acceptable by the City Engineer. * 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. * 6. 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. * 7. 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. * 8. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 9. Stormwater and surface water runoff will be directed into the Town’s storm drain system. Straw wattles and crushed rocks will encircle all storm inlets. Self-treating and self-retaining drainage areas are spread out throughout the site. Silt fences will prevent mobilized sediments and other construction debris from entering the adjacent creek corridor. DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 10 OF RESOLUTION NO. 2022-07 10. Trash control device(s) shall be included on any new stormwater outfall or drain installed as part of the project as detailed in the California State Water Resources Control Board’s Water Program - Trash Implementation Program. 11. A Best Management Practices plan will be prepared and submitted to ensure no inadvertent siltation impacts to Green Valley Creek while the project is under construction. 12. Storm drain facilities will be designed and constructed to adequately collect and convey stormwater entering or originating within the project to the nearest adequate man-made drainage facility or natural watercourse, without diversion of the watershed. 13. Hydrology and hydraulic calculations shall be submitted to the Town proving the adequacy of the onsite drainage system and the downstream drainage system. 14. Applicant will contact the appropriate environmental regulatory agencies such as the United States Army Corps of Engineers, State Department of Fish and Wildlife, and State Regional Water Quality Control Board to obtain all the necessary permits for this project, or show that such permits are not necessary. 15. If, any asphalt sections have to be removed and replaced, this project will be required to implement C.3 stormwater compliance substantially consistent with the plan referenced under Condition of Approval 1.d. 16. Model Water Efficient Landscaping Ordinance compliant landscaping plans will be required at time of building permit submittal. H. PARKING 1. Prior to issuance of building permits, the applicant will prepare a Memorandum of Understanding signed by both parties stating that 336 Diablo Road retains the right to use up to 14 on site parking spaces. I. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 11 OF RESOLUTION NO. 2022-07 * 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 Minor Subdivision 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. * 3. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. * 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 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. 5. 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. 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3’ x 3’ sign at the project entry which specifies the allowable construction work days and hours, and DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 12 OF RESOLUTION NO. 2022-07 lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 7. Pre-construction surveys for sensitive aquatic species and plants shall be conducted prior to the issuance of a demolition permit for the project. 8. The applicant shall provide the tenant of 336 Diablo Road first right of refusal for on-site storage within the new storage building post-construction at normal rental rates. 9. Signage used to identify this business operation shall be consistent with the sign regulations contained within the Danville Municipal Code, including regulations pertaining to the display and use of temporary/promotional signage. Signage used shall be subject to review and approval by the Planning Division prior to installation. No off-site signs, including banners or "A-frame" signs, shall be used to advertise this business activity. 10. The business owners shall annually maintain a valid business license from the Town of Danville and shall provide documentation, on an ongoing basis, that all independent contractors associated with this business operation, if any, are maintaining their own separate business license. 11. Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use Permit application. 12. Personnel from the Danville Planning and Building Division have the right, under the terms of this land use permit, to make on-site inspections to assure compliance with these conditions of approval. 13. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 32-4.15 through 32-4.19 of the Danville Municipal Code, including failure to comply with these conditions of approval if the applicant has caused or permitted any public nuisance in connection with the use. DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816 PAGE 13 OF RESOLUTION NO. 2022-07 APPROVED by the Danville Planning Commission at a regular meeting on April 26, 2022, by the following vote: AYES: Bowles, Combs, Houlihan, Palandrani, Radich, Truijillo NOES: None ABSTAINED: None ABSENT: Graham _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 2A540C55-B511-4DFB-8B46-D613AE2E1816