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HomeMy WebLinkAbout90-31RESOLUTION NO. 90-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 90-10 & VAR 90-25 350 RAILROAD AVENUE WHEREAS, Sylvia Butler has requested approval of a Development Plan to construct a retail building; and, WHEREAS, the subject site is located at 350 Railroad Avenue; and WHEREAS, the Town of Danville Ordinance 135 requires approval of a Development Plan for all development in Area 2 - Old Town Retail Transition; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 8, 1990; and WHEREAS, the proper nc)rice of this request was given in all respects as required by law; and WHE~, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, a Negative Declaration has been drafted for the project indicating that no significant environmental effiects are anticipated to be associated with the project; 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 90-10 & VAR 90-25 per the conditions contained herein, and makes the following findings in support of the project: Development Plan 1. The proposed development is consistent with Downtown Master Plan. 2. 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. 90-31 ;~, 3. The proposed development will have no off-site traffic and drainage impacts. The development is consistent with the Downtown Business District Ordinance 155 requirements for Area 2: Old Town Retail Transition. Variance The variances for landscaping and parking do not constitute a grant of special privilege inconsistent with the limitations of other similar properties located in the Downtown Business District. o That because of the following special circumstances applicable to this specific property, strict application of the Downtown Business District Zoning District regulations would deprive the subject property of rights enjoyed by others in the same or similar district. ao A coordinated acc:ess and circulation plan with adjacent developments is infeasible at this time. bo The authentic architectural design of the project and additional hardscape and balcony landscape treatment offsets the reduced site landscaping requirement. This variance is in substantial conformance with the intent and purpose of the Downtown Business Dist~eict: Downtown Business District Ordinance in which the subject property is located since the variance will allow development of an exceptionally designed commercial building and a future coordinated parking and access plan with adjacent parcels. 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 ,commercial building. The site is identified as Assessor Parcel Number 208-025-010. Development shall be substantially as shown on the project drawings dated received by the Planning Department May 3, 1990, consisting of three sheets. PAGE 2 OF RESOLUTION NO. 90-31 Bo 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 April 19, 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 Socie .ty 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 they are deemed necessary. 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. PAGE 3 OF RESOLUTION NO. 90-31 The new pad mounted transformer shall be deleted from the frontage of the site or moved so as not be located between any street and front of the building. The final location (if one is necessary) is subject to review and approval by the Planning Division prior to the issuance of a building permit. 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. Generally speaking, this fire equipment shall screened from the public street. o The design of the; frontage wall shall be subject to review and approval by the Planning Department and additional landscaping (vines) shall be provided along the front of the wall. 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. All plant material :shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All street trees shall be 24" box specimen sized trees and project trees shall be a minimum of 15 gallon container size; both shall be properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. The final design of the trellis structures shall be subject to review and approval by the Planning Division. The applicant shall work with staff to reduce the upper story deck to provide additional landscaping and/or planting boxes at the front of the building. PAGE 4 OF RESOLUTION NO. 90-31 The project shall conform with the adopted Danville Streetscape Beautification Plan and incorporate additional landscaping which is compatible with the architectural style of the building. Decorative pavernent and scored concrete located in the parking lot and at the front of the building shall be added to the project. The final design of the decorative pavement shall be subject to Planning Department review and approval. ARCHITECTURE All ducts, meters, :air conditioning and/or any other mechanical equipment whether on the sltructure 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 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 Division for review and approval. 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. Signage for the building shall be subject to separate review and approval by the Planning Division. The applicant shall work with staff (and referred to the DRB if necessary) on a design to clip the two ends of the second story balcony to reduce the mass of this ,element and to provide more area for landscaping at ground level. PAGE 5 OF RESOLUTION NO. 90-31 Eo o All project and sign lighting shall be subject to review and approval by the Planning Division, the entry light fixture. 9. All windows shall have true divided light panes. 10. All project detailing (i.e., 4 x 4 posts, trellis designs and facias) shall be subject to review and approval by the Planning Division prior to issuance of a Building Permit. PARKING All parking spaces shall be double striped and furnished with concrete curbs to accommodate the overhang of automobiles. Where 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. The handicap parking stall (per building code requirements) may not be required to be signed as a handicapped stall if only five parking spaces are provided on-site, it may only need to be properly sized for handicap parking use. The loading zone for the project shall be provided for on-site per Ordinance 135 requirements. The owner of the property shall record an agreement for the two adjacent parcels to establish future reciprocal parking and access easements. Said easements shall be exercised when the adjacent parcels redevelop (one or both) and a coordinated parking and access plan is developed for at least two abutting parc. els. The agreement shall be submitted for review and approval by the City Attorney prior to recordation. Five parking spaces shall be provided on-site if the project develops prior to the development of the adjacent properties. The applicant will be given credit for six on-site parking spaces when the building permit is issued provided that a long-term plan, which provides for six on-site parking spaces is designed with coordinated parking and access with the adjacent parcels, (or parcel). If six spaces cannot be accommodated, to the Town's PAGE 6 OF RESOLUTION NO. 90-31 Fo shall be payable prior to issuance of a building permit. o The building and all walkways shall be setback a minimum of 47 feet from the front property line. Thirty days prior to issuance of a building permit for the project, the developer shall provide the Planning Division with two alternate parking layouts for potential future coordinated parking and access with the adjacent two parcels. The developer shall document to the Town's satisfaction that the layouts work within a 47 foot pavement area, otherwise the building setback shall be increased accordingly. The developer shall attach the approved parking layout to a Deferred Improvement Agreement that accepts responsibility for constructing the necessary changes to the parking area within 120 days upon request by the Chief of Planning. 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. PAGE 7 OF RESOLUTION NO. 90-31 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. 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. The developer shall be responsible for construction of the deficient public sidewalk along the 50' project frontage (with transitional paving). The improvements shall include street paving, curb, gutter, sidewalk, street light and relocation of the existing utility pole. All public improvements shall be constructed in conformance with the Old Town Beautification Plan. o Site drainage is not shown on the preliminary plans and shall be shown on the improvement plans for the project. Said plans shall be subject to review and approval by the City Engineer. The developer shall not drain across private property without the necessary easement rights. 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 DiLstrict. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. PAGE 8 OF RESOLUTION NO. 90-31 o o o 10. 11. 12. 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 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. 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. All public improvement plans shall be prepared by a licensed civil engineer. 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. PASSED, APPROVED AND ADOPTED THIS 8th day of May, 1990 by the following vote: PAGE 9 OF RESOLUTION NO. 90-31