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HomeMy WebLinkAbout95-04 EXHIBIT A RESOLUTION NO. 95-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN DP 94-17 AND VARIANCE 95-01 ALLOWING THE CONSTRUCTION OF AN APPROXIMATELY 1,800 SQUARE FOOT COMMERCIAL ADDITION WITH AN OPTIONAL MAXIMUM ADDITIONAL 1,120 SQUARE FOOT MEZZANINE LEVEL. -- JOHNSON (APN: 199-300-012) WHEREAS, Marianne Johnson has requested approval of a Development Plan (DP 94- 17) and Variance (VAR 95-01) application to allow the construction of a 1,800 +/- square foot addition to an existing commercial building, with an optional maximum additional 1,120 square foot mezzanine level, on a 7,500 s.f. site; and WHEREAS, the subject site is located at 331-335 Hartz Ave. and is further identified as Assessor's Parcel Number 199-300-012; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to construction of a commercial addition; and WHERF~S, a Variance approval is required to allow the addition to encroach into the required minimum frontyard setback; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 28, 1995; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHEREAS, this project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class 1; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and PAGE I OF RESOLUTION NO. 95-04 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 of the Development Plan request (DP 94-17) per the conditions contained herein, and makes the following findings in support of this action: The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. The proposed development is consistent with the General Plan and the Downtown Master Plan. The development will be an attractive and efficient use which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. now, therefore, be it further RESOLVED that the Planning Commission of the Town of Danville approves of the Variance request VAR 95-01, and makes the following findings in support of this action: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and within Area 1: Old Town Retail 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: ao The proposed setback would be consistent and compatible with the setbacks of adjacent buildings and with other buildings within the general vicinity. This variance is in substantial conformance with the intent and purpose of the Downtown Business District; Area 1: Old Town Retail, in which the subject property is located. PAGE 2 OF RESOLUTION NO. 95-04 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. 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 is a Development Plan (DP 94-17) approval allowing the development of an approximately 1,800 square foot addition to an existing commercial building with an optional maximum additional 1,120 square foot mezzanine level. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Floor Plans and Exterior Elevations labeled '~Johnson Commercial Addition", dated received on January 12, 1995, by the Planning Division. 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 and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (TIP), Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection fees. 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 (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated December 8, 1994. The applicant shall submit to the Town of Danville fees required to file a Notice of Exemption as required by AB 3185. The fee shall be $25.00. PAGE 3 OF RESOLUTION NO. 95-04 10. 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 they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. 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. The applicant shall require their 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 businesses as feasible. 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 work days. Dust-producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of the new addition. PAGE 4 OF RESOLUTION NO. 95-04 11. Any proposed outdoor seating associated with the building addition shall be subject to separate review by the Planning Division under a Land Use Permit application. 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. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division 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. Future users of the additional building area and development of the site shall be consistent with the provisions of the Town's Downtown Business District Ordinance (Ord. No. 95-08). The variance request is approved. The addition may be constructed with a maximum 10 foot encroachment into the required 10 foot minimum frontyard setback along Hartz Avenue. The exact setback shall be subject to review and approval by the Town's Design Review Board, along with final colors and materials, prior to issuance of building permits for the project. C. LANDSCAPING * 1. 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. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray. PAGE 5 OF RESOLUTION NO. 95-04 D0 All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. 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 structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. The street numbers for each structure in the project, including the existing tenant spaces, shall be posted so as to be easily seen from the street at all times, day and night. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. If signing for the business occupying the building addition is desired, a sign review request shall be submitted to the Town for consideration under a separate application. A lighting plan shall be developed for the resulting alleyway to the south of this addition. The plan should include wash lighting for the south exterior wall of the addition. The lighting plan shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. PARKING This development shall be required to purchase, from the Town, 100% of required parking spaces, to be located within the Town's municipal parking lot. If a building permit for the proposed addition is obtained by PAGE 6 OF RESOLUTION NO. 95-04 May 1, 1997, and the building is constructed within the valid life of the building permit, no fees will be required for the purchase of the required parking spaces. The exact number of required parking spaces to be reserved for this project within the Town's municipal parking lot will be determined prior to the issuance of building permits for the building addition or prior to the issuance of a building permit for tenant improvements if the user is not known at the time of the construction of the building shell. The total number of required parking spaces will be determined based on the proposed type of use (as specified within Town Ordinance No. 94-08), the floor area of the addition, plus six additional parking spaces to replace the existing parking spaces eliminated by the addition. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 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 City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 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) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. PAGE 7 OF RESOLUTION NO. 95-04 o o 10. All new development shall be consistent with modern seismic design for resistance to lateral forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 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. Ail grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed. A NPDES construction permit may be required, as determined by the City Engineer. Cleaning or disposal operations such as, but not limited to, on-going project sweeping, cleaning of sidewalks and concrete areas, etc. shall occur on a regular basis. Ail waste material from these operations shall be deposited into a trash receptacle and/or sewage system and not the storm drainage system if they contain contaminants. Oil and grease on concrete shall be swept up with absorbent material and properly disposed of and shall not be washed into the storm drain system. If applicable, kitchen mats shall not be washed out into the stormdrain system. Ail such cleaning operations shall be discharged into the sanitary sewer system. If applicable, trash/grease receptacle areas shall be covered. Ail grease resulting from restaurant/food prep operations shall be covered, collected, contained and properly disposed of. The area where the trash and grease receptacles are located shall be sloped and designed with a drainage system that is connected to the sanitary sewer system to avoid liquid waste and contaminants entering the storm drain system. PAGE 8 OF RESOLUTION NO. 95-04 II G~ STREETS Ho The applicant 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 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. o All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. 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. 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. Handicapped ramps shall be provided and located as may be required by the City Engineer. The developer shall remove the existing drive approach, gutter and sidewalk, and install a new curb, gutter, and sidewalk. All improvements shall be constructed in compliance with the Downtown Beautification Guidelines, including brickwork. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District PAGE 9 OF RESOLUTION NO. 95-04 (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated December 14, 1994. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated December 29, 1994. 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 & Water Conservation District (CCCFC & WCD). 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 determined by the City Engineer. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. The applicant 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 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. PAGE 10 OF RESOLUTION NO. 95-04 All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS * 2. 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. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. APPROVED by the Danville Planning Commission at a Regular Meeting on February 28, 1995, by the following vote: AYES: Bowbly, Hunt, Moran. Osborn NOES: Jameson, Murphy ABSTAINED: - ABSENT: Arnerich APPROVED AS TO FORM: City A~tor~eyv t - ! C hie~/o~nning PAGE 11 OF RESOLUTION NO. 95-04