HomeMy WebLinkAboutDP 88-33 EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
DEVELOPMENT PLAN DP 88-33, LAND USE PERMIT
88-19 AND VARIANCE 88-37
FINDINGS
The Planning Commission of the Town of Danville hereby finds
as follows in support of the Development Plan:
The proposed development is consistent with the goals and
policies of the Downtown Master Plan and the Danville
2005 General Plan.
The proposed development
development and does not
adjacent properties.
is compatible with adjacent
impose adverse impacts on
The project as conditioned will upgrade the appearance
of the sites.
The project is in substantial conformance with the
Downtown Business District Ordinance with the exception
of the variances which are granted herein.
The Planning Commission of the Town of Danville further finds
in support of the Land Use Permit:
The use will not be detrimental to the health, safety and
general welfare of the Town.
The use will not adversely affect the orderly development
of property within the Town.
The use will not adversely affect the preservation of
property values and the protection of the tax base within
the Town.
The use will not adversely affect the policy and goals
as set by the General Plan.
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The use will not create a nuisance and/or enforcement
problem within the neighborhood.
The use will not encourage marginal development in the
neighborhood.
The Planning Commission of the Town of Danville further finds
in support of the Variances:
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The variances do not constitute a grant of special
privilege inconsistent with the limitations on other
properties in the area and the Downtown Business District
in which the subject property is located.
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:
The existing building is built on the side and rear
property lines. Variances are necessary to
integrate the additions with the existing structure.
The entry structure is necessary to provide a strong
pedestrian linkage between the Church Street
pedestrian mall and the restaurant. The existing
building is located at the rear of the lot, making
it difficult to effectively integrate the restaurant
with the streetscape.
The variances are in substantial conformance with the
intent and purpose of the Downtown Business District in
which the subject property is located since the variances
modify the appearance of an existing building to conform
with the character of Old Town Danville and integrate the
building into the Church Street pedestrian mall,
consistent with the goals of the Downtown Master Plan.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be
complied with prior to the issuance of a building permits. Each
item is subject to review and approval by the Planning Department
unless otherwise specified:
A. General
This Development Plan approval is for a 1900 square foot
addition to an existing 2800 square foot restaurant,
parking lot and site landscaping. The restaurant is
limited to a maximum 114 indoor seats and 57 59 outdoor
seats. The development shall be substantially as shown
on the project drawings as follow, except as may be
modified by conditions contained herein;
Plot Plan/Floor Plan and Elevations dated 11/15/88,
prepared by Darrell Hawthorne;
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Floor Plan and Elevations (2 sheets) dated 11/30/88,
prepared by Darrell Hawthorne;
Preliminary Landscape Plan (3 Sheets) dated 11/30/88
prepared by David L. Gates and Associates.
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 Contra Costa County Flood
Control District.
Prior to the issuance of grading or building permits, the
developer 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 met to the satisfaction of these respective
agencies. The Fire District's initial comments on this
project are summarized within their letter of November
30, 1988. The final location of the fire department
connection and the post indicator valve shall be approved
by the Fire District in conjunction with the Planning
Department's review of Project Landscape Plans·
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 of Danville shall be notified, and
a 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
6:30 a.m. to 5:30 p.m., unless otherwise approved in
writing by the city Engineer. The project developer
shall provide security fencing during construction of the
project, if deemed necessary by the City Engineer.
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Site Planninq
Exterior lighting shall be of a design and placement as
not to cause glare onto adjoining properties or public
streets. Lighting used after daylight hours shall be
adequate to provide for security needs. Wall lighting
around the perimeter of all buildings shall be supplied
to provide "wash" security lighting. Photometrics shall
be submitted to the Planning Department for review and
approval.
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. The developer shall submit
written documentation form PG & E that the general
location, design, landscape screening and access provided
to the transformer is acceptable to that agency.
The developer shall be responsible for facilitating
proper access to the trash container by the local refuse
collection company. This may include having the owner
on an ongoing basis be responsible for the placement of
the trash container in a location where refuse collection
will be possible and replace the container in the
enclosure immediately following collection. The property
owner shall covenant through a recordable document
satisfactory to the Town of Danville compliance with this
condition. As access to the trash enclosure is obtained
from the Town's Village Theatre parking lot, the
developer shall be responsible for repairing any future
damage to parking lot improvements in front of the
subject restaurant's service areas. Repair may include,
but is not limited to, asphaltic concrete paving,
landscaping, irrigation, and concrete curbing.
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In order to the allow access to the service yard,
handicapped parking, and trash enclosure areas, the
developer shall obtain a Permit to Enter from the Town
to cross Town property.
The developer shall cooperate with the Town to assure
integration of improvements contained within this
development plan with plans for the Village Theatre
parking lot improvements. Specifically, plans for
improvements adjacent to the Village Theatre parking lot
shall be subject to review and approval by the Town prior
to issuance of building permits to ensure coordination
of improvements.
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The developer shall obtain a lot line adjustment between
the two parcels to place the parking area entirely within
the boundaries of the corner parcel (APN 208-022-031).
The lot line adjustment shall be recorded prior to
issuance of an occupancy certificate.
Handicapped ramps and access shall be supplied as
required by Title 24 of the State of California.
C. Landscaping
A final landscaping and irrigation plan (with planting
shown at 1"=20' scale) for the restaurant and parking
areas shall be submitted for review and approval by the
Planning Department prior to the issuance of building
permits. The plans 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.
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 double-staked. Shrubs not used as ground cover shall
be a minimum of 5 gallons is size. Project landscaping
shall include the installation of specimen trees (24" box
minimum size) at the project entries and other focal
points in the project.
Ail landscaped areas not covered by shrubs and trees
shall be planted with live ground cover.
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The design for the corner plaza is not approved as
submitted. The final design for the plaza shall be
reviewed by the Town beautification consultant whose
comments shall be forwarded to the Design Review Board.
The final design is subject to review and approval by the
Design Review Board. The following modifications may be
required:
The six foot height shrubs at the intersection
should be deleted within the sight distance
triangle.
Lower shrubs should be planted along the Church
Street frontage to allow visual access into the
plaza.
Ail street trees should be australian Willow as
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established by the Streetscape Beautification
Guidelines. The spacing between the street trees
should be reduced to 18 feet maximum.
The entry portals may create an artificial barrier
to the plaza and should be eliminated.
The final design shall be approved and installed prior
to issuance of an occupancy certificate.
The developer shall record a landscape maintenance
agreement assuring maintenance of all landscape areas as
required by Section 8-3521.(7) of Ordinance 135. The
Town may enforce the agreement at the cost of the
property owner. The agreement shall be subject to review
and approval by the Town Attorney prior to recordation.
The agreement shall be recorded prior to issuance of an
occupancy certificate.
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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.
Ail trash and refuse shall be contained within enclosures
architecturally compatible with the main structure(s).
Enclosure design shall include six (6) foot high walls
on three sides with steel framed gates and wood bolted
to the gates. Gates shall be self-closing and
self-latching. Six (6) inch high wheel stops shall be
installed on the interior of the enclosure.
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.
If signing for the development is desired, in addition
to any signs approved as part of this application, 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 mat~erials selected shall be submitted
to the Planning Department for review and approval.
Parking
Ail parking spaces shall be double 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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Handicapped parking spaces shall be clearly marked with
appropriate pavement marking and signage.
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The developer shall purchase nine off-site municipal
parking spaces based on the fee schedule in effect at the
time the building permit is secured. The developer shall
be credited $6,900 for payment to Assessment District No·
1973-74. Payment for the spaces shall be made prior to
issuance of building permits. As the parking purchase
is based on seating, the developer shall record a
covenant limiting the maximum number of indoor restaurant
seats to 114 and outdoor seats to 57 59. The covenant
shall be subject to review and approval by the Town
Attorney and shall be recorded prior to issuance of
building permits.
The developer shall record a parking agreement over the
parking lot area on the corner parcel (A.P.N. 208-022-
031). The agreement shall ensure that the parking lot
is provided for the exclusive benefit of the easterly
parcel (A.P.N. 208-022-034). The agreement shall be
subject to review and approval by the Town Attorney and
recorded prior to issuance of building permits.
Gradinq
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.
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Development shall be completed in compliance with a
detailed soils report and the construction grading plans
prepared for this project. The soils report shall
contain specific recommendations for foundation design
of the building. The engineering recommendations
outlined in the project specific soils report shall be
incorporated into the design of this project.
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 Town Engineer. It shall
be accompanied by an engineering and geological opinion
as to the safety of the site from settlement and seismic
activity.
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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 signing shall be installed by the developer
as required by the City· This shall include, but is not
necessarily limited to "Stop," "No Parking," "Not a
Through Street," and street name signs. Traffic signs
and parking restriction signs shall be approved by the
Police 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.
The planter island proposed in the cul-de-sac shall
remain. The applicant shall work with staff to develop
a final island design. The developer shall pay for
maintenance of or shall maintain the island. Staff shall
make a report to Planning Commission on the final design
of the island.
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The developer shall remove the existing curb along the
site's Hartz Avenue and Church Street frontages and
construct a new curb and gutter to Town standards prior
to an occupancy certificate.
The property owner shall dedicate the necessary street
and utility right-of-way required to install the Church
Street cul-de-sac along this site frontage to Town
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10.
11.
standards. The developer shall construct new pavement
to march the existing pavement prior to an occupancy
certificate.
The developer shall construct a public sidewalk along the
full length of the Hartz Avenue and Church Street
frontages prior to an occupancy certificate.
One street light shall be installed along the Church
Street frontage. The location of the street light shall
be subject to review and approval of the Engineering
Department prior to an occupancy certificate.
12.
Public improvements shall comply with the Danville
Streetscape Beautification Guidelines. Improvements
shall also comply with the Town beautification program
to the extent possible at the time of building permit
issuance. It is acknowledged that the beautification
program may not be finalized by the time of building
permit issuance.
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.
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Any portion of the drainage system that conveys runoff
from 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.
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 prepared 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.
Miscellaneous
The developer shall make provisions to address the need
for daycare facilities generated by this project through
either of the following methods: 1) payment of a fee to
be used towards construction of daycare facilities, or
2) an other alterative acceptable to the Town of
Danville. If the developer chooses to pay a fee, the
Town shall be notified of the developer's intent in
writing and the fee shall be set by the Town Council
within 120 days of the receipt of the letter.
No outdoor sales or display of merchandise shall occur
beyond the sale of food and beverages in the approved
outdoor seating areas.
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Ail physical improvements shall be in place prior to
occupancy of any structure in the project. If occupancy
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within the project is requested to occur in phases, all
physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded
in a Construction-Phases Occupancy Plan approved by the
Planning Department. No structure shall be occupied
until the adjoining area is finished, safe, accessible,
provided with all reasonably expected services and
amenities, and appropriately separated from remaining
additional construction activity.
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.
Conditions of this approval may'require the developer to
install public improvements on land neither the
developer, not the Town, has easement rights to allow the
improvements to be installed. The developer shall be
responsible for acquisition of the necessary easements
either through private negotiations or by entering into
an agreement with the town and assume all
responsibilities for acquisition pursuant to the Town's
authority for condemnation. Such acquisitions shall be
commenced prior to the developer's submittal of any final
map. All costs associated with such acquisition shall
be borne b the developer.
Outdoor storage of supplies, palettes, refuse (outside
of approved refuse container locations) and other
materials is specifically prohibited.
The corner plaza is a temporary use and is not intended
for public dedication. The property owner may construct
another use and/or structure on the plaza site with the
appropriate Town approvals. An application for a new
entitlement may be limited in scope to the plaza area and
need not encompass the restaurant site.
APPROVED BY THE TOWN OF DANVILLE
PLANNING COMMISSION ON December 12, 1988
Kevin Gai~ey~ Principal Planner
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Date
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