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HomeMy WebLinkAbout2011-17RESOLUTION NO. 2011-17 - PLANNING COMMISSION RECOMMENDING THE HERITAGE RESOURCE COMMISSION APPROVE DEVELOPMENT PLAN REQUEST DEV10 -0076, LAND USE PERMIT DEV11 -0044, AND VARIANCE REQUEST VAR11 -0007 RELATED TO THE PRESERVATION AND REHABILITATION OF THE HISTORIC STRUCTURE LOCATED AT 160 EAST PROSPECT AVENUE AND THE CONSTRUCTION OF A SECOND STORY AND BASEMENT ADDITION AND THE CONTRUCTION OF THREE RESIDENTIAL UNITS (APN: 208 - 010 -004 - WEINBERG) WHEREAS, TODD AND JILL WEINBERG (Owners) and BARRY AND VOLKMANN ARCHITECTS (Applicant) have requested approval of Development Plan (DEV10- 0076), Land Use Permit (DEV11- 0044), and Variance (VAR11 -0007) applications related to the rehabilitation and renovation of a historic structure and the construction of an approximately 2,018 square foot ground floor, second floor, and basement addition, and the construction of three new two -story residential units to the rear, two of which are proposed to be 1,117 +/- square feet and one is proposed to be 1,026 +/- square feet in size, and; a 234 +/- square foot single car garage for each unit on a 7,500 square foot site; and WHEREAS, the subject property is located at 160 East Prospect Avenue and further identified as APN: 208 - 010 -004; and WHEREAS, the Town of Danville's Downtown Business District Ordinance requires approval of a Development Plan prior to the construction of a commercial addition or new structures within the Downtown Business District; and WHEREAS, a Historic Resource Evaluation prepared for the site found that the existing structure on the site has historic significance; and WHEREAS, the Town's Historic Preservation Ordinance requires the approval of a Certificate of Approval prior to the allowance of modifications to a historic structure; and WHEREAS, the Town of Danville's Downtown Business District Ordinance requires approval of a Land Use Permit prior to the allowance of a residential use within Downtown Business District Area 1; Old Town; and WHEREAS, the Town of Danville's Downtown Business District Ordinance requires approval of a Variance request to allow for a front yard setback that is less than an average of 10 feet and to allow reduced on -site parking for the residential uses on the property; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant adverse environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 28, 2011; 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 recommend the Heritage Resource 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 Danville Planning Commission recommends the Danville Heritage Resource Commission approve the Mitigated Negative Declaration of Environmental Significance, Development Plan request DEV10 -0076, Land Use Permit request DEV11 -0044, and Variance request VAR11 -0007 and makes the following findings in support of this action: FINDINGS: Development Plan: 1. The owner /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 project is consistent with previous Development Plan approvals for projects involving an historic structure, and is consistent with the character of the downtown area. 3. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. The Development Plan ensures the rehabilitation of a historic resource, and recognizes such resource as an essential part of the Town's heritage. PAGE 2 OF RESOLUTION NO. 2011 -17 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town. The Development Plan will result in a commercial building and residential buildings which will add value to the area and the Town. 5. The proposal is consistent with the Town's Historic Preservation Ordinance 32- 72 and the Town's Design Guidelines for Heritage Resources. The Development Plan observes the recommended approaches for additions and new construction on historic sites and was evaluated by an historic architect. Variances: Front Yard Setback/ Parkin 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and Downtown Business District Area 1; Old Town 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; Old Town as the front yard setback is consistent with the structures on other properties on East Prospect Avenue, and is consistent with the Towri s vision for a pedestrian oriented character for the area. b. This variance does not constitute grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District Area 1; Old Town as all other properties within the subject zoning district have the ability to provide for up to 100 percent of required parking off -site within a Town municipal parking lot. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District Area 1; Old Town, in which the subject property is located since the variance will allow for the redevelopment of the site and the preservation and rehabilitation of a historic structure on the site and will be consistent with the desired character for the area. PAGE 3 OF RESOLUTION NO. 2011 -17 Certificate of Approval: 1. The proposed alteration will not adversely affect the historically significant exterior architectural features of the existing building or the special character, interest or value of its neighboring improvements and surroundings, including facade, window and door design, roof shapes, scale, height and relationship of material, color and texture. 2. The reviewing body relied upon the most current version of the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the State Historic Building Code and the Town of Danville's Design Guidelines for Heritage Resources. Conditions of approval with an asterisk ( *) in the left -hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 -0076) request to allow: the existing structure on the property to be moved forward on the lot and to be placed on a new foundation; a 2,018 +/- square foot ground floor, second story, and basement addition to the existing structure; the construction of three new two -story residential units to the rear, two of which are proposed to be 1,117 +/- square feet and one is proposed to be 1,026 +/- square feet in size, and; a 234 +/- square foot single car garage for each unit. The Land Use Permit (DEV11 -0044) would allow for residential use on the property. The Variance (VAR11 -0007) requests would allow for a reduced parking standard for the residential units and would allow for a four foot front yard setback while a 10 foot average setback is required. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: PAGE 4 OF RESOLUTION NO. 2011 -17 a. Preliminary Grading Plan, Landscape Plan, Floor Plans, Historic Building Demolition Plan, Basement Plan, Streetscape Elevation Plan, Exterior Elevations, Building Sections, and Roof Plan, as prepared by Barry and Volkmann Architects, labeled "Weinberg Commercial Development," consisting of eight sheets, and dated received by the Planning Division on June 22, 2011. b. Design and Historic Analysis, as prepared by Carey and Co. Inc., dated March 14, 2011. 2. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. Waiver of fees may be considered as part of the recommended historic preservation incentives for the property, and would require approval by the Town Council. 3. Prior to recordation of the final map, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $267.70 ($110.00 + 95 notices X two notifications X $0.83 per notice). * 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. * 5. Within five days of the project approval, the applicant shall submit to the Town a check in the amount of $2,044.00 and a check in the amount of $50.00 made out to the Contra Costa County Clerk related to the posting of the Notice of Determination for the project. * 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 PAGE 5 OF RESOLUTION NO. 2011 -17 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 by the Town if it is found that the work will not negatively impact surrounding properties. 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. * 10. 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. * 11. 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. PAGE 6 OF RESOLUTION NO. 2011 -17 * 12. Planning Division sign -off is required prior to final Building Inspection sign -off. 13. Language shall be included in the lease agreements for the residential units which requires the garage spaces to be maintained to allow for the parking of one automobile. The lease agreement shall also provide for an enforcement mechanism of this requirement, including a substantial fine for non - compliance. The draft lease agreement language shall be submitted foe review and approval by the Town prior to occupancy of any residential unit. 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 and Historic Design Review Committee 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 and shall be adequately screened and mitigated with appropriate landscaping. C. LANDSCAPING 1. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division and Historic Design Review Committee. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five -year period of time. * 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91 -14 and landscape guidelines and shall be designed to avoid runoff and overspray. 3. The applicant shall be responsible for the installation of one pistache chinesis street tree along the East Prospect frontage of this property. The tree shall be irrigated by the applicant's on -site irrigation system until it becomes established. Frontage improvements shall conform to the Town's adopted Old Town Beautification Plan dated February 1990. The site is PAGE 7 OF RESOLUTION NO. 2011 -17 located in Zone 3 which requires brick - banded sidewalks and driveways with 3- foot square tree wells. The driveway shall have 3 feet of red curb extending from each edge to match other driveways on East Prospect Avenue. It is recognized that there are several vaults in the sidewalk along the frontage of this property that constrain the ability to install the brick banding and tree well. The final design of these frontage improvements shall be subject to review and approval by the Town and the Design Review Board prior to issuance of building permits. [R�Wll We *811CC41 ILI)S 0 * 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 trash enclosure design shall include steel framed gates with wood bolted to the gates. Gates shall 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 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 number for the buildings 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 Historic Design Review Committee prior to the issuance of building permits for the project. 5. Final architectural elevations, details and revisions shall be submitted for review and approval by the Historic Design Review Committee 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. 6. Project signage is not approved as part of this application. Design of tenant signage, including any proposed lighting, shall be submitted to the PAGE 8 OF RESOLUTION NO. 2011 -17 Historic Design Review Committee for consideration under a separate Sign Permit application. 7. Final colors for all buildings shall be subject to review by the historic architect for the project and by the Historic Design Review Committee prior to occupancy of the any building in this project. Exterior paint color mock -ups shall be provided for review by the Historic Design Review Committee prior to occupancy. S. All garages shall have a minimum interior depth of 22 feet, unless otherwise approved by the Design Review Board. E. HISTORIC PRESERVATION 1. The applicant shall submit a structural report /plan for review and approval by the Planning Division prior to issuance of a building permit for moving or altering the exterior of the historic building. The report shall include provisions for preservation of the existing exterior materials, doors, trim or other significant historic architectural features that may be affected by moving or altering the building. The report shall detail specific recommendations for foundation design and shall be subject to review and approval by the Town's Development Services Department. 2. The building renovation /addition plans shall comply with the Town's Design Guidelines for Historic Resources. The new building shall be designed to be complimentary to the historic building to remain and consistent with the requirements of the Town's Design Guidelines for Historic Structures. 3. The owner shall take all precautionary measures to ensure that the building or its elements will not be significantly damaged by the relocation efforts. The applicant shall inform the Planning Division of the date and time of the building relocation. If significant damage to the building occurs when the building is moved, the owner shall immediately inform Town officials and develop a response /replacement plan for Town review and approval. If it is found that exterior architectural elements or materials are damaged beyond repair, the owner shall be responsible for replacing the element /material with a historically accurate element /material as determined acceptable by the Historic Design Review Committee. At the discretion of the Chief of Planning or the Historic Design Review Committee, such modifications may be referred to the Heritage Resource Commission for review and action. PAGE 9 OF RESOLUTION NO. 2011 -17 4. The applicant shall prepare a building restoration plan for Planning and Building Division approval after the building is moved. The plan shall address how all structural and seismic upgrades are to be implemented in the least invasive method to the exterior of the building. 5. All new exterior materials for the historic structure shall match the original in appearance as closely as possible. 6. The applicant shall be responsible for funding a third party review of the project building permit plans and on -site oversight during the move by a professional historical architect that is chosen by the Town and acceptable to the applicant. F. PARKING 1. Unless otherwise approved by the Town Council as part of the historic preservation incentive package, if the ground floor of the historic structure is occupied by a residential use, the second floor is occupied by an office use, and the basement is used for storage, there shall be no required parking fee. If uses with a higher parking demand occupy the site (such as restaurant or personal services), as calculated per the Municipal Code, the applicant shall be required to pay the Town an in -lieu parking fee in the amount of $7,000.00 for each additional parking space requirement (or the amount of the payment in effect at the time of the establishment of the use). 2. Prior to the issuance of a building permit for the project, a Parking Management Plan agreement for the project shall be developed by the owner, and is subject to review and approval by the Town. Each tenant shall be provided an executed copy of the Parking Management Plan with each rental agreement. The lessee shall indicate their awareness and acceptance of the requirements of the Plan. The Plan shall include, at a minimum, the following provisions: 1) commitment to provide and maintain directional signage indicating where the nearest public parking lot is located, 2) a system to monitor ongoing compliance with the Plan (providing a mechanism to allow changes to the Plan as may be deemed necessary over time with such changes to be submitted to the Chief of Planning for review and approval); 3) commitment by the property owner to provide commute alternative information to all tenants prior to occupancy; 4) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; 5) commitment that all tenant employees shall obtain municipal parking permits and park off -site in appropriate public parking areas; and 6) commitment that all residential tenants shall obtain municipal parking permits allowing for overnight parking in appropriate public parking areas where necessary. PAGE 10 OF RESOLUTION NO. 2011 -17 G. GRADING * 1. 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, and other techniques to minimize erosion. * 2. 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. 3. If the grading work involves moving more than 100 cubic yards of soil, the applicant must obtain a Grading Permit in conformance with Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees according to the schedule in effect at the time the permit is issued. H. STREETS * 1. 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. * 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. PAGE 11 OF RESOLUTION NO. 2011 -17 * 3. Handicapped ramps shall be provided and located as required by the City Engineer. * 4. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. * 5. 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. * 6. 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. 7. Prior to occupancy of the project, the property owner shall dedicate to the Town of Danville approximately six feet for public right -of -way along the frontage of the property. I. 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 PAGE 12 OF RESOLUTION NO. 2011 -17 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. 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. * 7. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. J 8. Water valves, fire hook -ups, post indicator valves, reduced back flow devices and other utilities shall not be placed at the front of either the historic structure or the new addition where such valves or devices are visible. The owner or applicant shall coordinate with the Town and applicable agencies to determine a functionally and aesthetically acceptable location. 9. The connection of a new 12 -inch diameter storm drain pipe to the existing 4- inch diameter storm drain pipe in East Prospect Avenue, as shown on the Preliminary Drainage Plan (Ref. 2), shall be accomplished using a storm drain manhole constructed in accordance with Contra Costa County Standard Plan CD30i. 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 Pl annin g Commission and /or Heritage Resource 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 PAGE 13 OF RESOLUTION NO. 2010-07 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 Towri 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. APPROVED by the Danville Planning Commission at a special joint meeting on June 28, 2011, by the following vote: AYES - Bock — Willmes, Combs, Graham, Morgan N' h Ys, Overcashier,Radich NOES: - ABSTAINED: - r A A ABSENT: - fl IN APPROVED AS TO FORM: 72_ City Attorney /'�� -o r _�� Chief of g PAGE 14 OF RESOLUTION NO. 2010-07