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HomeMy WebLinkAboutDP 88-25EXHIBIT A FINDINGS & CONDITIONS OF APPROVAL DP 88-25 424 Hartz Avenue FINDINGS The Planning Commission finds as follows in regards to the application: The project is consistent with the goals and the policies of the Downtown Zoning Ordinance (Ordinance 135) and the Danville 2005 General Plan. The project is compatible with adjacent development and does not impose adverse impacts on adjacent properties. The project as conditioned will upgrade the appearance of the site and provide an attractive entry into Old Town Danville. The project, as conditioned, will reduce the number of curb cuts along Hartz Avenue and Front Street, provide better traffic control and eliminate an existing jog along Hartz Avenue. CONDITIONS OF APPROVAL A. General The development shall be substantially as shown on the project drawings labeled Hartz Avenue Building, sheets Al- Al4, as prepared by Christopher Volkamer dated November 28, 1988 and the preliminary landscape plan prepared by David L. Gates and Associates dated October 3, 1988 except as modified by the following Conditions of Approval. The developer shall pay any and all City 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 permit is secured. Notice should be taken specifically of the City's Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Flood Control District. The developer shall supply written documentation that all requirements of the San Ramon Valley Fire Protection District (which includes sprinklering the building) and the San Ramon Valley Unified School District have been met to the satisfaction of the respective districts. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Department notified, and a lC Ce o professional archeologist certified by the Society of California Archeology and/or the Society of Professional Archeology shall also be notified. Site work in this area shall not recommence until the archaeologist has had an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. The project developer shall provide security fencing around the construction site if deemed necessary by the City Engineer. Any restaurant use shall be equipped with the best available filtering systems to minimize the impact of smoke and odor in the adjacent area to the greatest extent possible. Ail loading operations shall take place within the parking area during non-business hours. Site Planninq Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. All exterior light fixtures shall be down- directed and the light source shall be screened from view of the public. The location of any pad mounted transformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. Landscaping A final landscape and irrigation plan shall be submitted for review and approval by the Planning Department prior to the issuance of a building permit. To the greatest extent feasible, the Final landscape plan shall conform with the Old Town Beautification Plan. Additional landscaping shall be placed in front of the building. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and shall be double staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 2C De The species of hedge utilized surrounding the parking lot shall be a minimum of 3' high at maturity and shall be planted and maintained in such a way that maintains a safe sight distance triangle at the project driveway entries. No structures or planters shall encroach into the public right-of-way. The specimen sized tree located in front of the building and all street trees shall be 24" box. The design and color of the decorative pavement and scored concrete located along the front of the building shall be subject to Planning Department review and approval. The project shall conform with the Streetscape Beautification Guidelines which include but are not limited to street trees and tree grates located within the public right-of-way. Architecture Ail 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 structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. The location of all fire risers shall be shown on the building permit plans and shall be subject to review and approval by the Planning Department. Ail trash and refuse shall be contained within an enclosure architecturally compatible with the main structure. Enclosure design shall include six (6) inch high wheel stops on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. One sign per tenant shall be allowed and all signage shall be located on the south elevation of the building (facing the parking lot). All signs shall be made of wood, shall be a maximum height of 16" and shall be composed of individual letters with indirect lighting, where lighting is utilized. If signing, in addition to any signs approved as part of this application, is desired, then a comprehensive sign program shall be submitted to the City for consideration under a separate application. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Design Review Board for review and approval. 3C The accent, material used on the exterior of the building shall wrap around the corners of the stucco wall on the north elevation far enough to ensure that no stucco shall be viewed from a public street. Architectural detailing as it relates to window framing, columns and exterior masonry material shall be subject to review and approval by the Design Review Board. Parking Ail parking spaces shall be double striped and shall be 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. 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. The amount of off-site parking to be purchased in the municipal lot shall be based on the tenant mix in the building at initial occupancy and shall conform with Ordinance #135. All parking in lieu fees shall be payable prior to issuance of a building permit. A minimum/maximum of 25% of the required parking shall be provided in the municipal lot per Ordinance #135o Grading Any grading on adjacent properties will require written approval of those property owners affected· Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. Any contaminated soils on the site shall be handled according to the recommendations of the State Water Resources Board and the Contra Costa County Environmental Health Department. The developer shall provide all necessary clearances from these agencies prior to issuance of a building permit. Streets The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement° Ail street and on-site signing shall be installed by the developer as required by the City. Traffic control signs 4C and parking restriction signs shall be approved by the Engineering Department. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. o The developer shall fund a traffic study to review the design of the project's Hartz Avenue driveway connection. The study shall address the appropriateness of left-turn in and out movements of this driveway. If the study's findings show the driveway access should be limited, the study shall also provide design criteria for the improvements necessary to provide such an access limitation (e.g., median in striping along Hartz Avenue, driveway islands, signage, etc). The study, and the recommended improvements, shall be subject to review and approval by the City Engineer prior to the issuance of building permits. The developer shall be responsible for construction of all improvements required by the study. e The developer shall be responsible for half the costs of the design and construction of the curb realignment and pavement transition along Hartz Avenue between the subject site and 400 South Hartz Avenue. The maximum cost of these improvements shall not exceed $15,500 as estimated in the 11/15/88 Engineering Department's Report on file with the Planning Department. This work shall provide for a smooth transition along Hartz Avenue and shall include curb, gutter, and pavement improvements between the northerly driveway of the subject development, and the existing curb and gutter adjacent to the former Dan McGrews restaurant. Improvement Plan for the work shall be subject to review and approval in conjunction with review of building plans for this project. The improvement plans for this work shall also address frontage drainage to assure positive drainage along Hartz Avenue. Remove the southerly driveway on Hartz Avenue and replace 5C 10. 11. 12. 13. the existing curb, gutter and sidewalk. Improve the easterly side of Hartz Avenue south of the proposed driveway, along the frontage of the development as required by the city Engineer at the time of improvement plans (the work may include pavement reconstruction of a new section and overlay to the center of street). Remove the northerly driveway on Front Street, replace removed and failing curb gutter and sidewalk along Front Street as required by the City Engineer at the time of improvement plans. This work may require pavement reconstruction. The developer shall be responsible for drainage improvements along Front Street deemed necessary by the City Engineer to assure positive drainage along the property's Front Street frontage. This work shall include but not necessarily be limited to the removal of the existing AC dike on Front Street located north of the subject site and the construction of new curb and gutter conforming to the existing improvements (not including a sidewalk) along the street. Provide electroliers on Front Street and Hartz Avenue as required by the City Engineer. Infrastructure Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 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 District. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from 6C public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 11. The developer 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° 12. Ail utilities required to serve the development shall be installed underground. 13. Ail public improvement plans shall be prepar'ed by a licensed civil engineer. 14. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by Contributing to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. APPROVED BY THE TOWN OF DANVILLE ~MBER 12, 1988 ~~p~.~iley, Prin~al Planner 7C