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HomeMy WebLinkAbout2011-01RESOLUTION NO. 2011 -01 APPROVING DEVELOPMENT PLAN REQUEST DEV10 -0062 AND LAND USE PERMIT REQUEST DEV10 -0063 ALLOWING THE REMODEL OF THE EXISTING "BIG O TIRE" STORE LOCATED AT 155 WEST LINDA MESA AVENUE APN:199- 350 -034 - ASHER ASHER DOLLE AND CHERRY, LLC WHEREAS, ASHER ASHER DOLLE AND CHERRY, LLC (Owners) and JOHNSON LYMAN ARCHITECTS (Applicants) have requested approval of a Development Plan to allow the remodel of the existing 5,356 +/- square foot commercial building, and WHEREAS, the Owners/ Applicants have also requested a Land Use Permit to allow the continued operation of an existing legal nonconforming service commercial land use in the Downtown Business District Area 1; Old Town Retail; and WHEREAS, the subject site is located at 155 West Linda Mesa Avenue and is further identified as Assessor's Parcel Number 199 - 350 -034; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to any exterior alterations of the structure; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Land Use Permit application prior to any expansion or intensification of an existing legal nonconforming land use; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 18, 2011; 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 PAGE 1 OF RESOLUTION 2011 -01 RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DEV10 -0062 and Land Use Permit request DEV10 -0063 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 additional traffic congestion will not likely be created. 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. 6. 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 as the existing business not proposing to expand services, is not located on a main street within the Downtown Business District 1; Old Town Retail, and is 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 outdated property and add value to the Town. PAGE 2 OF RESOLUTION 2011 -01 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 community. 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 (DEV10 -0062) and Land Use Permit (DEV10 -0063) to allow the remodel an existing 5,356 +/- square foot commercial structure located at 155 West Linda Mesa Avenue. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site Plans, Elevations, Sections and Details, labeled "Big O Tires," as prepared by Johnson and Lyman Architects, consisting of four sheets, dated January 10, 2011. 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. 3. 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 $223.71 ($110.00 plus 137 notices X $0.83 per notice). PAGE 3 OF RESOLUTION 2011 -01 * 4. 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. * 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 deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. * 6. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (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. * 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 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 PAGE 4 OF RESOLUTION 2011 -01 weekends and holidays as well as workdays. Dust - producing activities shall be discontinued during high wind periods. * 10. 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 building permit review process. 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. * 11. Planning Division sign -off is required prior to final Building Inspection sign -off. 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 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 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. PAGE 5 OF RESOLUTION 2011 -01 * 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 * 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 the 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. 3. 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. Color mock -ups shall be made available at the project site prior to scheduling the project for final Design Review Board review. 4. 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 and one reduced set of final site plan, elevations, and architectural details 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. Final details on the new fencing material for the fence that runs along the shared property boundary between the subject site and Iron Horse Trail shall return to the DRB for approval prior to issuance of a building permit. 6. Final details of the trash enclosure shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. 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. 7. Final details on the proposed new signage shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. Back lighting or indirect illumination shall be required. No PAGE 6 OF RESOLUTION 2011 -01 internal illumination shall be permitted. 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). 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 minimize erosion. * 3. 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. * 4. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the current Building Code and Town of Danville Ordinances. * 5. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal, state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. PAGE 7 OF RESOLUTION 2011 -01 * 7. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. F. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right -of -way or easement. * 2. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. * 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. * 4. All improvements within the public right -of -way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and /or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up -to -date title report for the subject property. * 5. The project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. 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 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 PAGE 8 OF RESOLUTION 2011 -01 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. * 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. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street. * 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. * 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. 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 and /or Land Use Permit review process. PAGE 9 OF RESOLUTION 2011 -01 * 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 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. APPROVED by the Danville Planning Commission at a regular meeting on January 18, 2011, by the following vote: AYES: Attwood, Combs, Graham, Morgan, Nich Is, Ov cashier, Radich NOES: ABSTAINED: ABSENT: Chair APPROVED AS TO FORM: J - - � City Attorney Chief tP�ng * P AGE 10 OF RESOLUTION 2011 -01