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HomeMy WebLinkAbout2007-15RESOLUTION NO. 2007-15 APPROVING DEVELOPMENT PLAN REQUEST DP 2006-14, LAND USE PERMIT REQUEST LUP 2006-14, VARIANCE REQUEST VAR 2007-17, AND VARIANCE REQUEST VAR 2007-18 ALLOWING THE DEMOLITION AND NEW CONSTRUCTION OF A PORTION OF THE EXISTING BUILDING, RESULTING IN A TOTAL OF 4,706 +/- SQUARE FEET ON THE GROUND FLOOR FOR COMMERCIAL USE, 2,941 +/- SQUARE FEET ON THE SECOND FLOOR FOR THREE RESIDENTIAL UNITS, AND RELATED IMPROVEMENTS INCLUDING FOUR GARAGE PARKING SPACES IN A 1,050 +/- SQUARE FOOT STRUCTURE AND 12 SURFACE PARKING SPACES (APN: 208-051-009 - GALLAGHER MIXED-USE DEVELOPMENT) WHEREAS, John and Tena Gallagher (Owners) and Barry & Volkmann Architects (Applicant) have requested approval of Development Plan request DP 2006-14, Land Use Permit request LUP 2006-14, Variance request VAR 2007-17 and Variance request VAR 2008-18; and WHEREAS, the subject site is located at 579 San Ramon Valley Boulevard and is further identified as Assessor's Parcel Number 208-051-009; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to completion of the proposed site improvements, a Land Use Permit for residential uses in commercial areas, and a Variance for any proposal that does not conform to the prescribed development standards; and WHEREAS, the owners are requesting a variance to allow 69% Floor Area Ratio where the Downtown Business District 4 allows a maximum of 50% Floor Area Ratio and a variance to allow 16 parking spaces where 21 parking spaces are required; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 25, 2007; and WHEREAS, the project has been found to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA); 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 DP 2006-14, Land Use Permit request LUP 2006-14, Variance request VAR 2007-17, and Variance request VAR 2007-18 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 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. The site is an existing mixed-use building, with commercial on the ground floor and one residential unit on the second floor and is surrounded by commercial uses. The proposal to increase square footage for each land use alters less than 20% of the existing building footprint, includes facade improvements, and provides shared parking for all land uses. 3. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. The proposal promotes the efficient use of land, provides options for commercial tenants, and promotes the development of affordable housing. Due to the square footage of the proposed residential units, they are considered affordable by design. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Land Use Permit: 1. The land use will not be detrimental to the health, safety, and general welfare of the Town because of the requirement to meet all building and fire safety codes. 2. The land use will not adversely affect the orderly development of property within the Town because the proposed uses are compatible with surrounding existing development. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town because the proposal allows to building to be remodeled and improved to current codes. 4. The land use is consistent with the policies and goals as set by the Danville 2010 General Plan. The proposal conforms to the Towri s General Plan policies regarding PAGE 2 OF RESOLUTION N0.2007-15 affordable housing and commercial development. General Plan Policy 4.02 that states the Town will promote the development of affordable housing at a wide range of densities in a variety of locations and Policy 4.07 states that the Town will encourage mixed use development with second floor residential development above ground floor uses as a means of providing affordable housing opportunities within existing commercial areas. 5. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. Variances: 1. This variance of five parking spaces and allowing a 69% FAR where 50% is the maximum does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 4 in which the subject property is located. 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. There is sufficient street parking in the area to meet the intent of providing nearby street parking. The nature of mixed-used development is that the peak parking demand is typically reverse of one another and will result innon-competing parking needs, providing sufficient parking for each use. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 4 in which the subject property is located. Without the residential units, the square footage of the development would be in conformance with the Floor Area Ratio prescribed for Downtown Business District 4. All properties within Downtown Business District 4 have the ability to propose mixed- use developments in order to provide affordable housing units and to be accorded the same due process of review and public hearing for such proposals. 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. PAGE 3 OF RESOLUTION N0.2007-15 A. GENERAL 1. This approval of Development Plan request DP 2006-14, Land Use Permit request LUP 2006-14, Variance request VAR 2007-17, and Variance request VAR 2007-18 allowing the demolition and new construction on a portion of the existing building, resulting in a total of 4,706 +/- square feet on the ground floor for commercial use, 2,941 +/-square feet on the second floor for three residential units, and related improvements including four garage parking spaces in a 1,050 +/- square feet structure and 12 surface parking spaces. The site is located at 579 San Ramon Valley Boulevard, further identified as APN: 208-051-009. Except as may be modified by these conditions of approval,.development shall be substantially as shown on the project drawings, consisting of seven sheets of demolition plan, site plan, floor plans, roof plan, elevations and preliminary landscape plan as prepared by Barry & Volkmann Architects and dated received August 29, 2007. 2. The applicant shall pay any and all Town and other related fees to which the property may be subject. 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. Note should be taken of the following fees: • Child Care Facilities Fee ...................................... $1,521.50 • Excavation Mitigation Fee (Flood Control) ...... $ 1,130.60 • Storm Water Pollution Program Fee .................... $ 538.00 • Park Land in Lieu Fee .................................... .... 15 238.89 $ , • SCC Regional Fee ................................................. $ 7,869.00 • Commercial TIP Fee ........................................... $ 21,177.00 • Residential TIP Fee ............................................... $ 4,200.00 • Tri-Valley Transportation Fee ............................ $ 9,577.00 • Public notice (2 sets x .83 each) ............................. $253.98 3. The applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) have been, or will be, met to the satisfaction of the District. 4. In the event that subsurface archeological remains are discovered during any construction orpre-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 PAGE 4 OF RESOLUTION N0.2007-15 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. 5. 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. 6. 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. 7. 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. 8. As part of the initial submittal for the demolition permit and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. 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 must be signed by the applicant. The report is subject to review and approval by the City Engineer and / or Chief of Planning and / or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 9. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 10. Existing ground floor, commercial land uses are a veterinary office and a florist. When combined with the new third retail space, the total parking PAGE 5 OF RESOLUTION N0.2007-15 demand at minimum is 15 spaces. Therefore, because of the parking variance related to the floor area ratio that exceeds 50%, all future ground floor land uses shall not exceed a total parking demand of 15 spaces. Retail uses are allowed. Any other change in land use, including restaurant and office, shall be reviewed at public hearing on a case-by-case basis by the Planning Commission through the Land Use Permit process. 11. The apartment units shall be for residential land uses only. No commercial land uses are allowed within these units. 12. The garage shall be maintained as a minimum of four parking spaces. The parking spaces shall not be used as storage. 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. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department -Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. C. 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, per the requirements of the Chief Building Official and/or the San Ramon Valley Fire Protection District. 3. The signage is not approved as part of this application. A comprehensive sign program shall be submitted to the Design Review Board for PAGE 6 OF RESOLUTION N0.2007-15 consideration under a separate application. 4. The applicant shall return to the Design Review Board with building details prior to the formal building permit application. The north elevation along the property line shall be revised to include details of a fire-rated exit corridor. The final colors for the building, and a mock up of the colors in the field, shall be approved by the Design Review Board prior to final painting of the building. The final color selection shall be a scheduled item on a regular meeting agenda of the Design Review Board for a majority vote. D. GRADING 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 2. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 3. 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. E. 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 PAGE 7 OF RESOLUTION NO. 2007-15 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. 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. 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. 8. All street, drainage or grading improvement plans shall be prepared by a licensed .civil engineer. PAGE 8 OF RESOLUTION N0.2007-15 G. MISCELLANEOUS The project shall be constructed as approved. -Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission ,approval through the Development Plan review process. 2. 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. 3. 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. APPROVED by the Danville Planning Commission at a regular meeting on September 25, 2007, by the following vote: AYES: Antoun, Combs, Morgan, Nicho NOES: - ABSTAINED: - ABSENT: Condie APPROVED AS TO FORM: City Attorney Ll Ld1L Chief Pla ing PAGE 9 OF RESOLUTION N0.2007-15