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HomeMy WebLinkAbout2010-01 RESOLUTION NO. 2010-01 APPROVING DEVELOPMENT PLAN REQUEST DEV09-0085 AND LAND USE PERMIT REQUEST DEV09-0096 AUTHORIZING BUILDING AND HARDSCAPE MODIFICATIONS INVOLVING A 1,842 SQUARE FOOT TENANT SPACE IN THE IRON HORSE PLAZA SHOPPING CENTER TO ACCOMMODATE OCCUPANCY BY LA BOULANGE RESTAURANT, AUTHORIZING THE DEVELOPMENT AND USE OF EXTERIOR SEATING FOR THE RESTAURANT AND AUTHORIZING MODIFICATION OF THE EXISTING ON-SITE PARKING AREA SERVING THE IRON HORSE PLAZA SHOPPING CENTER (405 RAILROAD AVENUE - APN: 208-340-004) WHEREAS, Alamo Group Iron Horse, LLC (Property Owners) and La Boulange (Applicants) have requested approval of Development Plan and Land Use Permit requests involving a proposed tenant occupancy by La Boulange in a 1,842 square foot tenant space; and WHEREAS, the applications seek authorization to allow occupancy of a former retail space by a restaurant use (i.e., La Boulange), which is proposed to have a maximum seat count of 60 interior seats and 30 exterior seats, and is proposing modification of the building facade, the addition of seven parking spaces to the parking lot and the development of curb bulb outs at the project entry along Railroad Avenue; and WHEREAS, the subject tenant space is identified as Building 5 of the 4.4+1- acre Iron Horse Plaza Shopping Center, located at the northwest corner of the Center and further identified as Assessor's Parcel Number 208-340-004; and WHEREAS, the parcel is located in the Downtown Business District, Area 2A - Old T own Pedestrian Retail; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to improvements being made on a parcel; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Land Use Permit to authorize exterior restaurant seating; and WHEREAS, the Development Plan and Land Use Permit requests are exempt from the requirements of the California Environmental Quality Act (CEQA) Class 1, Section 15301; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on January 26, 2010; 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 Development Plan request DEV09-0085 and Land Use Permit request DEV09- 0096; 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 the Development Plan and Land Use Permit requests per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROV AL - Development Plan DEV09-0085 1. The proposed improvements to the subject tenant space in the Iron Horse Plaza Shopping Center and the associated improvements to the on-site parking and driveway areas serving the center will not be detrimental to the health, safety, and general welfare of the Town and will serve to improve access to the center and to provide necessary parking. 2. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 3. The proposed improvements are consistent with the General Plan and applicable development regulations. 4. The proposed improvements will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. FINDINGS OF APPROVAL - Land Use Permit DEV09-0096 1. The proposed exterior dining area will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. PAGE 2 OF RESOLUTION NO. 2010-01 4. The land use will not adversely affect the policy and goals as set by the Danville 2010 General Plan. 5. The land use will not create a nuisance and/ or enforcement problem within the neighborhood or community. CONDITIONS OF APPROVAL - Development Plan DEV09-0085 1. This development plan approval authorizes physical modifications to the exterior of the 1,842 square foot tenant space at the northern end of Building 5 of the Iron Horse Plaza Shopping Center, with such improvements authorized to accommodate occupancy by La Boulange restaurant. Authorized modifications include the interior tenant improvements; site improvements made to extend the drive aisle curb bulb outs along Railroad Avenue to improve driver visibility and accommodate the creation of an exterior seating area for the restaurant; and modifications to the on-site parking lot to add seven parking spaces in proximity to the existing trash enclosures and to modify the trash enclosures with the addition of man-doors. Except as provided for by these conditions of approval, the improvements shall be substantially consistent with the plans entitled "Iron Horse Plaza", consisting of five sheets as prepared by Flynn, Craig and Grant Architects and dated received by the Planning Division on January 21, 2010. 2. Within thirty days of the effective date of this approval, the property owner shall reimburse the Town for notifying surrounding residents and interested parties of the public hearing for the project. The fee shall be $274.32 (204 notices X $0.83 per notice plus $105.00). 3. Prior to the issuance of encroachment or building permits, the developer 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. This includes, but is not limited to, the review and approval associated with the potentially required relocation of the fire hydrant along Railroad Avenue as a result of the proposed exterior seating area (i.e., the fire hydrant may not receive authorization to be located within the exterior seating area behind the short wall along Railroad Avenue), unless otherwise authorized by the District. *4. All exterior 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. PAGE 3 OF RESOLUTION NO. 2010-01 *5. The developer 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. *6. All plant material installed in connection with this project shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 7. Prior to commencement of work associated with extending the curbs and drive aisle along Railroad Avenue, the applicant shall obtain an encroachment permit through the Engineering Division. Because the existing drainage inlet in this area will be displaced by the proposed curb extension, it shall be relocated southeast from the current location to the street level along the new curb return, unless otherwise authorized by the Engineering Division. Design, materials, layout and location of the curb extensions shall be subject to the review and approval of the Engineering Division. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/ or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. At the time project improvement plans are submitted, the developer shall supply to the Engineering Division an up-to-date title report for the subject property. 8. Prior to commencement of work associated with extending the curbs and drive aisle along Railroad Avenue, the applicant shall document that written authorization from Kinder Morgan has been secured to perform work within their easement. 9. The wood casing and paint colors associated with the building fac;ade improvements shall be mocked up for review and approval by the Design Review Board (DRB) prior to application of final building finishes and paint and prior to building permit final for the project. 10. Each of the two restrooms will be required to have two toilet facilities unless otherwise authorized by the Building Division during plan check review. 11. Permanent business identification signage for the restaurant shall be substantially consistent with that shown on the approved project plans. 12. The number and location of exterior gas heaters, if proposed, shall be subject to review and approval by the Planning Division prior to installation. PAGE 4 OF RESOLUTION NO. 2010-01 13. The proposed modifications to the on-site parking lot shall be subject to review and approval by the Engineering Division through an applicant submittal of project improvement plans. If that review results in the net reduction of new spaces that can be added, the reduction of on-site parking shall be addressed through a corresponding reduction in interior and/ or exterior seat count in the subject tenant space. The location of the proposed parking spaces shall be subject to review and comment from PG&E as it may relate to the presence of the existing transformer that occupies the area near the existing trash enclosures. 14. The location of the new man-doors for the existing trash enclosures shall be substantially consistent with that shown on the approved project plans. 15. The property owner shall prepare and submit a draft parking management plan agreement for Planning Division review and approval prior to occupancy of the subject tenant space. The agreement shall address restaurant employee parking demand, shall impose requirements for ongoing monitoring and reporting, shall require the creation of a parking management committee to address problems that may arise once the restaurant is occupied (e.g., complaints due to impacts on surrounding private parking), and shall provide structure for meaningful accountability to parking problems that may arise over time. The approved agreement shall be referenced by all future commercial lease agreements involving the shopping center. The property owner shall document to the Town's satisfaction that all existing tenants of the center have acknowledged and agree to abide by the parking management plan agreement. 16. The property owner shall prepare and submit a draft truck delivery management plan for Planning Division review and approval that shall serve to regulate against early hour truck arrivals and deliveries that would be disruptive to surrounding residents while also regulating against arrival times/practices that would conflict with the functioning of the on-site parking lot. *17. 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. *18. 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 Engineering Division, at full expense of the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the Engineering Division. PAGE 5 OF RESOLUTION NO. 2010-01 *19. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. Any other change will require Planning Commission approval through the Revised Final Development Plan application and review process. *20. As a part of the issuance of a demolition permit and/ or building permit for the tenant remodel project, the applicant shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. The applicant shall provide the Planning Division with written documentation (e.g., receipts and/or records) indicating that waste materials created from the demolition of existing tenant improvements and parking lot and the construction of new improvements were/ are being recycled according to their recycling plan, or in an equivalent manner. CONDITIONS OF APPROVAL - Land Use Permit DEV09-0096 1. This land use permit approval authorizes the establishment of exterior seating for La Boulange in the Iron Horse Plaza Shopping Center, providing for a maximum of 30 exterior seats, with 24 of the seats on the northeast (Railroad Avenue) elevation and six on the southwest (parking lot) elevation, and setting the maximum interior seating count at 60 seats. The property address for the restaurant is 405 Railroad Avenue, being the 1,842 square foot tenant space to be created in Building 5 of the shopping center. Exterior seating shall be established and maintained in substantial conformance with the seating layout depicted in the approved project plans. Overflow tables or chairs that create a seating count higher than authorized under this approval for the restaurant's interior or exterior dining areas is expressly prohibited. 2. The design and materials of umbrellas used in conjunction with the exterior dining (if any) are subject to Planning Division and San Ramon Valley Fire Protection District review and approval prior to installation. Use of umbrellas with any product advertising or product identification is expressly prohibited. An exception to this requirement is authorized for business identification placed along the lowest vertical flap area of the umbrellas (to be in the form of 4" maximum height lettering affixed to the umbrella fabric). The fabric utilized for the umbrellas shall be of a single color. 3. A combination of brick walls, which match the bricks on the existing building fa<;ade, and planting containers shall be installed and maintained to define the exterior dining area as shown on the approved project plans. The applicant shall return to the Design Review Board for review and approval of the design and layout of the exterior seating area and associated materials used to define the area. PAGE 6 OF RESOLUTION NO. 2010-01 4. The restaurant operator shall continually post, in a conspicuous location within the tenant space, a copy of the Town-issued certificate of occupancy which specifies the approved use of the space, the maximum occupant load and specifies the maximum allowable interior and exterior seating established under this land use permit. The certificate shall be updated if subsequent building permits affecting the dining areas are secured and/ or if changes to the layout and/ or number of interior and/ or exterior seating-occurs. 5. The restaurant operator, in conjunction with the property owner of the subject commercial property, shall be responsible for keeping the exterior area adjoining and surrounding the subject tenant space clear of litter and debris. This responsibility shall include the obligation to clean the patio area impacted by the exterior dining area (with said cleaning to include steam cleaning done on a twice-annual basis, unless otherwise directed/ authorized by the Planning Division). This responsibility shall also include an obligation to monitor the exterior trash area associated with the restaurant activity and all proximate garbage cans. 6. Approval for Land Use Permit request DEV09-0096 is granted for a period of two years (i.e., running until February 5, 2012). Upon making a determination that the original findings of approval continue to be valid for the project, the Town Planning Division may grant administrative extension(s) for up to an additional three years beyond the original permit period. In making its determination whether the extension(s) should be granted, the Town shall give particular attention to whether compliance to maximum interior and exterior seating limitations has occurred, whether the areas impacted by the exterior seating have been kept in a clean and orderly condition, and whether the intent and requirements of the associated parking management agreement have been met. Requests for extension shall be submitted in written form, shall be accompanied by the associated extension fee and a written compliance report prepared jointly by the restaurant operator and the shopping center ownership detailing the manner in which compliance with these conditions of approval have been met. At the discretion of the Chief of Planning, time extension requests may be referred to the Planning Commission for consideration and action. 7. The exterior dining authorized under this permit shall be ancillary to the main dining area of the restaurant. Use of the exterior dining area exclusively for alcoholic consumption (if established in the future) is explicitly disallowed. 8. Modification to the shape or size of either exterior dining area, or any increase in seating (interior or exterior) beyond that authorized by this land use permit shall not occur without authorization from the Town through a modified land use permit request. PAGE 7 OF RESOLUTION NO. 2010-01 9. Outdoor lighting associated with the subject restaurant business shall be low glare, shall be directed on-site, and shall not shine into adjacent properties or cause a nuisance for passing motorists or pedestrians. 10. The restaurant operator shall maintain a valid business license from the To~n of Danville. 11. Restaurant-supplied music audible within the exterior seating area (including restaurant-scheduled live performances), if established, shall be kept at noise levels so as to have no restaurant-supplied music audible off-site on the opposite side of Railroad Avenue or at the eastern edge of the shopping center property. Use of loud speakers to make announcements to customers is explicitly disallowed. 12. The Danville Planning and Building Divisions have the right, under the terms of this land use permit, to coordinate on-site inspections with scheduled onsite San Ramon Valley Fire Protection District and/or County Environmental Health inspections to assure compliance with these conditions of approval. 13. The restaurant operation shall abide with the Town's sign regulations regulating use of temporary promotional signs, the use of which is limited to a maximum of 45 days of display each calendar year (with 60 days authorized for the calendar year the restaurant initially opens for business) and is restricted to a maximum of fifteen days of continuous display except for signage used for the restaurant's grand opening promotional activities. Businesses are permitted to use 90 days of temporary / promotional signage during the 2010 calendar year following the Town Council's approval of the Business Incentive Program. 14. Approval for DEV09-0096 serves as the Town encroachment permit for the exterior seating aspect of the business operation that extends into the adjoining public right-of-way for Railroad Avenue (the property owner shall be responsible to obtain a separate encroachment permit associated with the work to extend the curb bulb outs, as stated in Development Plan DEV09-0085 Condition of Approval #7). For such encroachment, the applicant shall be solely responsible for any and all damages or injuries that arise from the encroachment. Authorization for the encroachment into the public right-of-way may be repealed by the Town upon issuance of a ninety-day notice to the property owner from the Town. The restaurant operator shall annually document to the Town's satisfaction that the exterior dining aspect of the restaurant operation is appropriately addressed in the liability insurance carried for the restaurant. The Town of Danville shall be listed as an additional insured party on the liability insurance policy, with minimum coverage of one million dollars. PAGE 8 OF RESOLUTION NO. 2010-01 15. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 26-2.2022 and 418.1 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. APPROVED by the Danville Planning Commission at a regular meeting on January 26, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Antoun, Attwood, Combs, Morgan, Nichols, Overcashier, Radich APPROVED AS TO FORM: ~e.G~ City Attorney ) ~ ing PAGE 9 OF RESOLUTION NO. 2010-01