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HomeMy WebLinkAbout2007-12 RESOLUTION NO. 2007-12 APPROVING DEVELOPMENT PLAN DP 2007-10 AND VARIANCE V AR 2007-13 ALLOWING THE CONSTRUCTION OF A ONE-STORY 2,328 +/- SQUARE FOOT RETAIL DEVELOPMENT TO ENCROACH SIX +/- FEET INTO THE REQUIRED TEN FOOT FRONT YARD SETBACK (APN: 208-022-047 -- SUGITANI RETAIL BUILDING) WHEREAS, RYOT A SUGIT ANI (Owner) and STERRY AND WONG ARCHITECTS (Applicant) have requested approval of a Development Plan (DP 2007-10) to construct a one-story 2,328 + / - square foot retail building on a 0.27 + / - acre site; and WHEREAS, the subject site is located at 296 Hartz Avenue and is further identified as Assessor's Parcel Number 208-022-047; and WHEREAS, a Variance (V AR 2007-14) is requested to allow the building to encroach six + / - feet into the required minimum ten foot front yard setback, resulting in a minimum four + / - foot front yard setback; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan request prior to the establishment of a new retail building; and WHEREAS, the Plamling Commission did review the project at a noticed public hearing on July 10, 2007; and WHEREAS, the project is categorically exempt from the requirements of California Environmental Quality Act per Section 15303, New Construction of Small Sh"uctures; 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, recorrunendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission approves Development Plan DP 2007-10 and Variance V AR 2007-14 per the conditions contained herein, and makes the following findings in support of this action: Development Plan 1. The applicant intends to obtain permits for construction within twelve (12) months from the effective date of plan approval. 2. The proposed development plan is consistent with the General Plan. 3. The proposed development is needed at the proposed location to provide adequate facilities ofthe type proposed, and h"affic congestion will be obviated by properly located entrance and exit and provision for traffic circulation and parking. The proposed retail use allows for off-site parking to encourage foot traffic to multiple retail destinations rather than vehicle access to a single destination. 4. The development will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development, because at 20% FAR and one-story, the development is below the allowed 80 % FAR. Some buildings on surrounding properties are taller than the proposed building and have maximized their FAR. Variance: 1. The front setback variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and Downtown Business District Area 1 in which the subject property is located. The site is a corner property that exceeds the required front setback along the secondary front and other properties within Downtown Business District Area 1 have been granted front setback variances so that the building has no front setback. The proposed development would still maintain a setback of ten feet from back of sidewalk, comprised on four feet of private property and six feet of public right-of-way. 2. Because of special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/ or located in the same zoning district. The Downtown Business District Ordinance for Area 1 provides for an intensely developed central core area of ground floor retail. The location of the building as proposed enhances a pedestrian-friendly quality which facilitates the success of retail spaces. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District Area 1 in which the subject property is located. The building is consistent with the historic development patterns of the Downtown. PAGE 2 OF RESOLUTION NO. 2007-12 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 a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * * * * 1. This approval is for Development Plan request DP 2007-10 and Variance request V AR 2007-14 allowing the construction of a 2,328 + / - square foot retail building to encroach six + / - feet into the required ten foot front yard setback, per site plan and elevations as prepared by Sterry & Wong Architects and dated received by the Planning Division on May 7, 2007. 2. The applicant shall payor be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. 3. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $189.24 (114 notices X $0.83 per notice X 2 mailings). 4. Prior to the issuance a building permit, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. 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 PAGE 3 OF RESOLUTION NO. 2007-12 * * * * 11. * 12. 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. The owner shall coordinate construction such that activities do not conflict with the Town's special events. 7. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/ or the Chief Building Official, around the site during construction of the project. 8. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 9. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. 10. All physical improvements shall be in place prior to occupancy. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No portion of the 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. Prior to approval of a building permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. Planning Division sign-off is required prior to the completion of a Final Building Inspection. PAGE 4 OF RESOLUTION NO. 2007-12 13. This building is approved for occupancy by retail uses only. Occupancy by restaurant uses will result in the need to pay appropriate off-site parking in- lieu fees, as determined by the Planning Division. Any other use is subject to review and approval by the Planning Commission under a separate Land use Permit application. 14. The par.king fee waivers shall apply to ground floor retail uses only and shall expire if the building permit is not executed by November 1, 2008. The fee waiver does not apply to restaurant uses or other uses which may be conditionally allows within the subject zoning District. 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. C. LANDSCAPING * * 1. 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. 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed lawn areas within the project shall not exceed a maximum of 25 percent of proposed landscaped areas. 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. PAGE 5 OF RESOLUTION NO. 2007-12 * * 2. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six- foot high walls on three sides with gates that are self-closing and self- latching. Prior to issuance of a building perm.it, the applicant shall document that all trash/ recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. Signage stating the hours when trash will be collected shall be posted for the applicable parking stalls. 3. 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. 4. Samples of final materials, the proposed color palette, and building details shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. E. GRADING * * * * * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 2. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 3. 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. 4. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 5. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. PAGE 6 OF RESOLUTION NO. 2007-12 * * 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 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. 7. 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 tluough the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. 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 Developl11.ent 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. PAGE 7 OF RESOLUTION NO. 2007-12 G. INFRASTRUCTURE * * * * * * * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility Dish-ict (EBMUD) water system in accordance with the requirements of EBMUD. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. 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. 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. 5. 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. 6. All new utilities required to serve the development shall be installed underground. 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. 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 Development Plan reVIew process. 2. 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 PAGE 8 OF RESOLUTION NO. 2007-12 disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/ equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. APPROVED by the Danville Planning Commission at a regular meeting on July 10, 2007 by the following vote: AYES: . NOES: ABST AINED: ABSENT: Antoun, Combs, Condie, Morgan, Storer, Welch Nichols, Osborn ~. /' \ .;.. ." Chair APPROVED AS TO FORM: ~~~' tt1:- PAGE 9 OF RESOLUTION NO. 2007-12