HomeMy WebLinkAbout2009-02
RESOLUTION NO. 2009-02
APPROVING DEVELOPMENT PLAN REQUEST DEV08-0076, VARIANCE
REQUEST V AR09-0002, AND LAND USE PERMIT REQUEST
DEV09-0005 ALLOWING THE CONSTRUCTION OF A
13,876 +/- SQAURE FOOT TWO-STORY MIXED USE
COMMERCIAIjRESIDENTIAL BUILDING
APN: 208-022-044 - BNB VENTURES, LLC
WHEREAS, BNB VENTURES, LLC (Owners) CRAIG AND GRANT ARCHITECTS
(Architects) have requested approval of a Development Plan, Variance, and Land Use
Permit application to allow the development of a new 13,876 + / - square foot two-story
mixed use commercialf residential building on a 14,430 + / - square foot site; and
WHEREAS, the Variance request would allow a floor area ratio (FAR) of .96, while the
Downtown Business District Ordinance limits the FAR to a maximum of .8; to allow the
second floor of the building to exceed 40 percent of the overall building square footage; and
to allow the residential portion of the mixed use building to have a nine space parking
requirement, while under the Downtown Business District Ordinance, 12.8 parking spaces
are required; and
WHEREAS, the Land Use Permit would allow second story residential use within
Downtown Business District - Area 1; and
WHEREAS, the subject site is located at 522-544 Hartz Avenue and is further identified as
Assessor's Parcel Number 208-022-044; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires
approval of a Development Plan, Variance, and Land Use Permit application prior to the
construction of the proposed mixed use building; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 10, 2009; 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
PAGE 1 OF RESOLUTION 2009-02
WHEREAS, given that the applicant previously received approval of a new
commercialj office building during the time when an off-site parking in-lieu fee
moratorium was in affect, thereby allowing for the waiver of off-site parking in-lieu fees
associated with the construction of new ground floor retail space, it would be appropriate
to allow for a similar fee waiver for the subject Development Plan approval which
supersedes the previous approval; 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 recommends that the Town Council grant a
fee waiver for the off-site parking in-lieu fee associated with the construction of new
ground floor retail space; and, be it further
RESOLVED that the Planning Commission of the Town of Danville approves
Development Plan request DEV08-0076, Variance request V AR09-0002, and Land Use
Permit request DEV09-0005 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 proposed development is consistent with the General Plan and the Downtown
Master Plan.
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. presently projected projects;
b. proper entrances and exits;
c. internal provisions for traffic or parking;
d. parking plans and agreements.
4. 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.
5. The proposed project is consistent with the Danville 2010 General Plan and the
Downtown Business District Ordinance.
PAGE 2 OF RESOLUTION 2009-02
6. The proposal will not be detrimental to the health, safety, and general welfare of the
Town.
Variances
Floor Area Ratio
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District -
Area 1, in which the subject property is located.
2. Because of the following special circumstances applicable to this specific property,
strict application of the zoning regulations would deprive the subject property of
rights enjoyed by others in the general vicinity and/ or located in the same zoning
district:
a. This variance does not constitute a grant of special privilege inconsistent
with the limitations on other properties in the area and the Downtown
Business District - Area 1. The building meets or exceeds all setback
requirements. The building is designed to minimize massing by varying the
front setback and recessing the second floor. The additional floor area is
largely created by adding ground floor retail at the rear of the building
where tuck-under parking was previously approved. A number of buildings
in the downtown area have tuck-under parking in the rear of the building.
While not commercial square footage, these buildings have the same massing
perception from the front. Therefore, the subject building is consistent with
the massing of other buildings in the area and as envisioned under the
Downtown Business District Ordinance.
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 since
the variance will allow for the development of a commercial/ residential building
consistent with the desired character of the old town area.
Second Story Floor Area
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District Area
1, in which the subject property is located.
2. Because of the following special circumstances applicable to this specific property,
strict application of the applicable zoning regulations would deprive the subject
PAGE 3 OF RESOLUTION 2009-02
property of rights enjoyed by others in the general vicinity and! or located in the
same zoning district:
a. This variance does not constitute a grant of special privilege inconsistent
with the limitations on other properties in the area and the Downtown
Business District - Area 1, as most new buildings have been given similar
variances on second floor floor area ratios. The subject building meets the
intent of the ordinance because its front elevation steps back creating
variation and avoiding flat two story massing, and a portion of the front
elevation includes a single story element.
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 since
the variance will allow for the development of a commercial! residential building
consistent with the desired character of the Old Town area.
Residential Parking
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the Downtown Business District Area
1, in which the subject property is located.
2. Because of the following 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:
a. Downtown residential units would be anticipated to have a lower parking
demand than traditional multiple family developments because of their
location near shops, restaurants, and public transit. In addition, because of
their size and location, they would be anticipated to have fewer residents per
unit. Finally, the proposed residential and commercial uses would have off-
set peak demand periods for parking.
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 since
the variance will allow for the development of a commercial! residential building
consistent with the desired character of the Old Town area.b
PAGE 4 OF RESOLUTION 2009-02
Land Use Permit
1. The proposed second story residential use will not be detrimental to the health,
safety, and general welfare of the Town as the mixed use project is consistent with
the Downtown Business District 1; Old Town Retail requirement to create viable
ground floor retailj restaurant spaces with secondary retail use which is compatible
with and complimentary to other uses in the District.
2. The land use will not adversely affect the orderly development of property within
the Town.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town as the development will result in the
redevelopment of an underutilized property and add value to the Town.
4. The land use will not adversely affect the policy and goals as set by the 2010 General
Plan.
5. The land use will not create a nuisance and\or enforcement problem within the
neighborhood or conununity.
6. The land use will not encourage marginal development within the neighborhood.
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 a Development Plan (DEV08-0076), Variance (V AR09-
0002), and Land Use Permit (DEV09-0005) to allow the development of a new
13,876 + / - square foot two-story building. The building included retail
and/ or restaurant uses on the first floor, and six residential units on the
second floor. A Variance is approved allowing a floor area ratio (FAR) of. 96,
while the Downtown Business District limits the FAR to a maximum of .8;
allowing the second floor of the building to exceed 40 percent of the overall
PAGE 5 OF RESOLUTION 2009-02
building square footage; and allowing the residential portion of the mixed
use building to have a nine space parking requirement, while under the
Downtown Business District Ordinance, 12.8 parking spaces are required.
The Land Use Permit allows second floor residential use. Development shall
be substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
a. Project Plans including Site Plans, Elevations, Sections and Details,
Preliminary Landscape Plan, and Grading and Utility Plan labeled
"522-524 Hartz Avenue," as prepared by Craig and Grant Architects,
consisting of 15 sheets, dated December 5, 2008.
b. Colored Elevations and Perspective, as prepared by Craig and Grant
Architects, dated December 17, 2008.
c. Stormwater Pollution Control Plan, prepared by HDK Associates,
dated February 28, 2008.
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 a building permit for the project.
The following impact fees are based upon the additional 942 square feet of
retail area for a total square footage of 6,909 square feet and 6 multi-family
residential units on the second floor. Credit will be give for the existing
5,967 square feet:
1. Drainage Area 10 ($0.34jnew sq.ft.)) ....................$ 2,573.00
2. Excavation Mitigation Fee ($0.10jnew area) ..........$ 757.00
3. Strom Water Pollution Program Fee ........................$ 382.00
4. SCC Regional Fee ($1.10 @ 942 sq.ft).....................$1,036.20
5. Commercial TIP Fee ($4.50 @ 942 sq.ft.) ...............$ 4,239.00
6. Tri-Valley Transportation Fee ($1.36 @ 942 sq.ft.)$1,281.12
7. Child Care Facilities Fee ($115junit) .......................$ 690.00
8. Park Land in Lieu Fee ($5,107 junit) ...................$ 30,642.00
9. SCC Regional Fee ($1,104junit).............................$ 6,624.00
10. Tri-Valley Transportation Fee ($2,036junit)......$12,216.00
3. The Commercial Tip fee for this project may be utilized to help pay for the
Town's planned Village Theater parking lot improvements.
PAGE 6 OF RESOLUTION 2009-02
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4. Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee shall
be $205.84 ($124 x 2 notices X $0.83 per notice).
5.
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 (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agenCIes.
6.
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 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.
7.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), 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' x3' 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.
8.
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.
9.
The applicant shall require 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.
PAGE 7 OF RESOLUTION 2009-02
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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.
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of the
site; timing of delivery of emergency vehicle access connections; and phasing
of project grading. The phasing plan shall be subject to the review and
approval of the City Engineer and Chief of Planning.
The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of the
initial submittal for the final map, 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 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 may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
Planning Division sign-off is required prior to final Building Inspection sign-
off.
B. . SITE PLANNING
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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.
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.
PAGE 8 OF RESOLUTION 2009-02
3. The San Ramon Valley Fire Protection District required Stan Flow Pipe and
Backflow Preventer shall be located in a less prominent location,
appropriately screened, or incorporated into the architecture of the building,
subject to review and approval by the Town's Design Review Board and the
San Ramon Valley Fire Protection District prior to issuance of building
permits for the project.
4. The applicant shall prepare and offer a mutually agreeable lot-line
adjustment to the Town of Danville that results in:
a. No parking spaces split between public and private ownership,
resulting nine fully on-site private parking spaces.
b. All proposed future public improvements associated with the planned
Village Theater Municipal Parking Lot improvements, as generally
shown on Sheet A2.1 (as referenced under Condition of Approval
A.l.a. above), shall be located on the public portion of the parking lot.
c. The future parking loti circulation configuration as shown on Sheet
A.2.1 (as referenced under Condition of Approval A.l.a. above), shall
be subject to mutual agreeable minor modifications as deemed
necessary I appropriate by the Town during the preparation of the
final design drawings for the Village Theater parking lot project.
The Town shall not accept the offer of dedication until prior to the
commencement of the Town's Village Theater Municipal Parking Lot project.
5. The applicant shall obtain an encroachment permit for proposed off-site
work within the Village Theater parking lot, such as, the vehicular driveway
connections and drainage improvements. Any work done shall result in
grade elevations that are compatible with the grade elevations of the planned
Village Theater parking lot improvements.
C. LANDSCAPING
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Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. 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.
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All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
PAGE 9 OF RESOLUTION 2009-02
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comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray.
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.
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.
D. ARCHITECTURE
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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.
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six-
foot high masonry walls on three sides with steel framed gates and wood
bolted to the gates. Gates will be self-closing and self-latching. Prior to
issuance of a building permit, 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.
3.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
4.
Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the issuance of
building permits for the project.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design review
concurrent or prior to, the applicant initiating the Building Division plan
check process.
5.
PAGE 10 OF RESOLUTION 2009-02
Color mock-ups shall be made available at the project site prior to scheduling
the project for final Design Review Board review.
6. Final sign details, including exact size, colors, and materials shall be
submitted for review and approval under a Master Sign Program permit by
the Design Review Board prior to issuance of building permits for the
project.
7. The following architectural modification shall be made to the final building
plans and shall be subject to review and approval by the Design Review
Board prior to issuance of building permits:
a. Stem walls shall be added below the railing on the two balconies
below the gabled and hipped roof elements on the south elevation.
b. The copula element shall have a composite shingle roof to match the
building.
c. The lattice structure over the balcony on the west (front) elevation,
under the gable element, shall be constructed of a durable material
such as aluminum.
d. The project plans shall be modified to include notes that the windows
on the ground floor of the north elevation, adjacent to the patio area,
are operable.
e. Full brick shall be used in heavy traffic areas, such as the base of
building columns and the fence columns in the front patio area.
Details of any half brick materials shall be submitted for review by the
DRB prior to issuance of building permits. Any half bricks should
include "L" shaped corner pieces to create the appearance of all full
bricks.
f. Building permit drawings shall include details of the tube framing
proposed for the awnings. .
g. Prior to building permits, scaled drawing and cut-sheets of exterior
lighting fixtures shall be provided for review by the DRB.
PAGE 11 OF RESOLUTION 2009-02
E. PARKING
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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.
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2.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size, including allowable overhang.
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3.
Regulatory signage/ curb painting shall be provided, if deemed necessary, to
the satisfaction of the San Ramon Valley Fire Protection District and the City
Engineer.
4. Assuming a mixed use project providing for ground floor retail use and
second floor residential use (in the form of five two-bedroom and one one-
bedroom units), the applicant shall pay a $37,240.00 off-site parking in-lieu
fee to the Town of Danville prior to issuance of building permits. This fee
obligation reflects the $3,500.00 per retail parking space in-lieu fee applied to
a 13.3-space heightened parking demand and factoring in the applicable DBD
shared parking multiplier. If the Town Council grants the applicant's
request for a parking in-lieu fee waiver for the proposed ne'Yly created
ground floor retail space, no parking in-lieu fee would be due for the project.
5. Assuming a mixed use project providing for both ground floor retail use
and ground floor restaurant use in conjunction with the second floor
residential use (in the form of five two-bedroom and one one-bedroom
units), the applicant shall pay the baseline $37,240.00 off-site parking in-
lieu fee cited in the above condition of approval plus an additional in-lieu
fee of $2,800.00 for every 100 square feet of ground floor space occupied
by a restaurant use. This fee obligation pulls forward the above-cited
baseline parking in-lieu fee while setting forth the additional fee that
would be due for conversion of ground floor space from a retail use to a
restaurant use. Additional fees may be associated with the restaurant
portion of the project if restaurant seating is more intensive than three
seats per 100 gross square feet of restaurant space and/ or if exterior
seating is sought for the restaurant use. If the Town Council grants the
applicant's request for a parking in-lieu fee waiver for the proposed
newly created ground floor retail space, the resultant off-site parking in-
lieu fee would be limited to a fee of $5,600.00 for every 100 square feet of
ground floor space occupied by a restaurant use (with the same
PAGE 12 OF RESOLUTION 2009-02
provisions for potential fee increase tied back to seating intensity and
presence of exterior seating).
F. GRADING
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1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
2.
At least one week prior to commencement of grading, 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.
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
be subject to review and approval by the Town's Engineering and Planning
Divisions.
4.
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.
5.
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). If all or part
of the 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
. .. .
mrmrmze erOSIOn.
PAGE 13 OF RESOLUTION 2009-02
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6.
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
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
7.
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.
8.
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
9.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
10.
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.
G. STREETS
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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.
Street signing shall be installed by the applicant as may be required by the
City Engineer. 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.
PAGE 14 OF RESOLUTION 2009-02
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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 expressly prohibited.
4.
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.
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 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.
6.
Handicapped ramps shall be provided and located as required by the City
Engineer.
7. A satisfactory private road maintenance agreement between the subject
parcel and the adjacent parcel to the south (APN: 208-022-003) for the shared
driveway between the parcels from Hartz A venue to the rear of the site and
the Village Theater parking lot shall be submitted for approval of the City
Attorney prior issuance of a building permit. All private road maintenance
agreements shall include provisions for regular street sweeping.
8.
The project shall be required to stripe curbs and install any necessary parking
or circulation signage, as determined by the Transportation Division.
9. A public vehicular access easement shall be dedicated to the Town of
Danville over the driveway between Hartz Avenue and the Village Theater
Municipal Parking lot, and over the north! south drive aisle connecting the
private parking lot to the Town Theater parking lot near Church Street. A
pedestrian public access easement shall be dedicated to the Town covering
the walkway between Hartz Avenue and the Village Theater parking lot, and
between that walkway and Church Street. These easements shall be
dedicated prior to the issuance of building permits for the project.
PAGE 15 OF RESOLUTION 2009-02
10. The applicant shall be responsible for the reconstruction of the driveway cut
from Hartz Avenue to the rear of the building, and the replacement of the
bricks in the brick band, as determined necessary by the City Engineer.
11. Prior to the issuance of building permits, the applicant shall record the
private access agreement between the subject property (APN: 208-022-044)
and the adjacent property (APN: 208-022-003).
H. INFRASTRUCTURE
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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 and/ or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
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 by the City Engineer. 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.
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.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
5.
6.
7.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
8.
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.
PAGE 16 OF RESOLUTION 2009-02
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9.
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.
10.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
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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.
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. 2004-06) and all applicable
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. At the discretion of the
City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
4.
The project shall conform to the Regional Water Quality Control Board post-
construction C.3 regulations which shall be designed and engineered to
integrate into the project's overall site, architectural, landscaping and
PAGE 17 OF RESOLUTION 2009-02
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in the
approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town's Stormwater C.3
Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/ or long-
term maintenance of stormwater treatment or hydrograph modification
BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F of
the Town's Stormwater C.3 Guidebook.
5. A Contech Storm Filter system is proposed to treat an area in excess of the
total current lot size. This treatment device is subject to review and approval
according to the Contra Costa Clean Water Program. If this system is not
approved, then an approved alternative treatment system will be required
subject to approval by the Town and the Contra Costa Clean Water Program.
PAGE 18 OF RESOLUTION 2009-02
APPROVED by the Danville Planning Commission at a regular meeting on February 10,
2009, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Antoun, Combs, Morgan, Nichols, Overcashier, Radich,Storer
Z#' 7ftpl',/'
I' Chairman
APPROVED AS TO FORM:
72~g~
City Attorney I
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PAGE 19 OF RESOLUTION 2009-02