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HomeMy WebLinkAbout90-07 RESOLUTION NO. 90-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 89-43 268, 274 S. HARTZ AVENUE WHEREAS, Beverly Aswad Sheperd has requested approval of a Development Plan to do and interior and exterior remodel of an existing commercial structure; and WHEREAS, the subject site is located at 268 and 274 S. Hartz Avenue; and WHEREAS, the Town of Danville Ordinance 135 requires approval of a Development Plan for all development in Area 1 - Old Town; and WHEREAS. the Planning Commission did review the project at a noticed public hearing on February 13, 1990; and WHERF~S, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the proposed project is exempt from the provisions of the California Environmental Quality Act; 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 DP 89-43 per the conditions contained herein, and makes the following findings in support of the Development Plan: 1. The proposed development is consistent with Downtown Master Plan. The proposed development will serve to establish a retail environment of sustained desirability and will be in harmony with the character of the surrounding neighborhood and community. PAGE 1 OF RESOLUTION NO. 90-7 The proposed development will have no off-site traffic and drainage impacts. The development is consistent with the Downtown Business DistriCt Ordinance 135 requirements for Area 1: Old Town. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to 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 This approval for an interior and exterior remodel of and existing commercial building. The site is identified as Assessor Parcel Number 208- 022-010. Development shall be substantially as shown on the project drawings received by the Planning Department February 1, 1990, consisting of four sheets. The developer 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Child Care Fee, and the drainage acreage fees 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 or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of January 10, 1990. 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 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 PAGE 2 OF RESOLUTION NO. 90-7 Bo Co mitigation measures, if they are deemed necessary. o Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. 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. SITE PLANNING All lighting shall be installed and maintained in such a manner that glare is directed away from surrounding properties and rights-of-way. The location of any new pad mounted transformers shall be subject to approval by the Planning Division 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 location of the fire department connection and the post-indicator valve is subject to review and approval of the Planning Division in consultation with the San Ramon Valley Fire Protection District. The design of the frontage fence shall be more substantial at the ends and bottom of the structure. The design of the corner of the fence shall also transition to blend with adjacent site landscaping. The final style of bollards used through out the project shall be subject to review and approval by the Planning Department. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. 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. PAGE 3 OF RESOLUTION NO. 90-7 Do All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. o All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. o All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon approval on a Tree Removal Permit from the Planning Division. A signed landscape and maintenance agreement between the applicant and the adjacent property owner shall be provided to the Planning Department prior to issuance of a building permit. In the event that a satisfactory agreement that meets these Conditions of Approval cannot be reached, then the property owner shall provide staff with a satisfactory solution that meets the intent of the approved plan. If substantial deviations to the plan are necessary, at the discretion of the Chief of Planning, the development plan application may be referred back to the Planning Commission for final disposition. The trellis structures on both buildings shall be redesigned to create a design element along the building walls. The applicant shall work with staff to provide additional landscaping and/or planting boxes at the front of the building to be remodelled. 9. The project shall conform with the Streetscape Beautification Plan. ARCHITECTURE 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 structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure area shall include steel PAGE 4 OF RESOLUTION NO. 90-7 framed gates and wood bolted to the gates. Gates shall 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. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Department for review and approval. They shall be substantially the same as the color board stamped received by the Planning Department 12/8/89. o The building shall be equipped with an approved manual fire alarm system subject to the review and approval by the San Ramon Valley Fire Protection District. Additional (2"x 8") trim banding shall be added to the roofline of the remodelled building including the south elevation facing the Bridges restaurant. The sign program approved for the remodelled building shall be as shown on the plans cited in A. 1. above. Only signs for the tenants of 268 and 274 S. Hartz Avenue shall be posted on the parking lot frontage wall. All project and sign lighting shall be subject to review and approval by the Planning Department. 9. Ail windows shall have true divided light panes. 10. Ail project detailing (i.e., 4 x 4 posts, trellis designs and facias) shall be reviewed and approved by the Planning Department prior to issuance of a Building Permit. PARKING 1. All parking spaces shall be double striped. ~ere authorized, compact car spaces shall be clearly designated with appropriate pavement markings or signage. Compact spaces shall be no less than 8 feet by 16 feet in size including an allowable 2 foot overhang. All standard sized stalls shall be no less than 9 feet by 19 feet with an allowable 2 foot overhang. PAGE 5 OF RESOLUTION NO. 90-7 Go An additional handicap parking stall (per building code requirements) shall be provided in the parking area on-site if 254 and 260 S. Hartz Avenue are remodelled. o A loading zone shall be provided for on-site per Ordinance 135 requirements. 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. STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs may be required to be installed and shall be subject to review and approval 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. 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. PAGE 6 OF RESOLUTION NO. 90-7 Ho 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 standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. 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, unless approval is secured to utilize a private sewage disposal system. 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. o Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. o Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. ° The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. PAGE 7 OF RESOLUTION NO. 90-7 10. 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, located to meet utility company standards, or in public streets. PASSED, APPROVED AND ADOPTED THIS 13 day of February, 1990 by the following vote: AYES: NOES: ABSTAIN: Hughes, Hendricks, Wright, Hunt, Hirsch, Frost Vilhauer Chairman APPROVED AS TO FORM: City Attorney pcnm2 PAGE 8 OF RESOLUTION NO. 90-7