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HomeMy WebLinkAbout96-46 EXHIBIT A RESOLUTION NO. 96-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 96-16 AND LAND USE PERMIT REQUEST LUP 96-25 FOR THE CONSTRUCTION OF A 3,279+ SQUARE FOOT COMMERCIAL STRUCTURE FOR COOKING CLASSES, RETAIL SALES, AND CATERING BUSINESS WITH A SECOND FLOOR RESIDENTIAL USE LOCATED AT 148 EAST PROSPECT AVENUE (APN: 208-010-005) WHEREAS, Kent and D.J. Rae-Nielsen have requested approval of a Development Plan and Land Use Permit for the construction of a 3,279+ square foot commercial building which includes a 917 + square foot second floor residential unit on a 8,300+ square foot site; and WHEREAS, the subject site is located on the north side of East Prospect Avenue, at 148 East Prospect Avenue and is identified as Assessor's Parcel Number 208-010-005; and WHERF~S, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan and Land Use Permit for the proposed residential use and construction of the proposed structure; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 24, 1996; and WHERFa~, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the Development Plan and Land Use Permit requests; and WHERF~S, 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 grant of a Negative Declaration of Environmental Significance and approves the Development Plan request DP 96-16 and Land Use Permit request LUP 96-25 per the conditions contained herein, and makes the following findings in support of this action: PAGE I OF RESOLUTION NO. 96-46 Development Plan: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a commercial structure of sustained desirability and stability, and will be in harmony with the character of the existing development in the area, the surrounding neighborhood and the community. The applicant intends to obtain permits for construction within 18 months from the effective date of the Development Plan approval. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center due to the proper location of access to the site and adequate internal provisions for on-site traffic and parking, and access to the municipal parking lots located within the downtown area. The proposed development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Land Use Permit: The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the General Plan. The land use will not create a nuisance and~or enforcement problem within the neighborhood or community. PAGE 2 OF RESOLUTION NO. 96-46 6. The land use will not encourage marginal development within the neighborhood. The proposed 742+ square foot second floor residential living unit is to provide the business owner with needed living space in close proximity to their place of business and such residential use will not have adverse impacts on the ability to effectively market the proposed retail business or any other business in the vicinity of the subject site. 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 This approval is for a 3,142+ square foot commercial building identified as Cooks and Books that includes a 742+ square foot second floor residential unit. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary Architectural Plans and Floor Plans, consisting of six sheets, as prepared by Craig and Wood and dated received by the Planning Division on September 10, 1996. The applicant shall pay or be subject to 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. Notice should be taken specifically of the Town's 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) have been, or will be, met to their satisfaction. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated July 26, 1996. PAGE 3 OF RESOLUTION NO. 96-46 The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00. o 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. 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. SITE PLANNING 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. PAGE 4 OF RESOLUTION NO. 96-46 D0 o 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. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Design Review Board and the Planning Commission prior to issuance of a building permit. 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 be maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. 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. ° All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. 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. o 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. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and PAGE 5 OF RESOLUTION NO. 96-46 recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. The street numbers for the structure shall be posted so as to be easily seen from the street at all times, day and night. Final architectural elevations, details and revisions (including exterior light fix~res) shall be submitted for review and approval by the Design Review Board and the Planning Commission prior to issuance of building permits for the project. Window shutters shall overlap the vertical wood trim on affected windows. The final shutter detail shall be subject to the review and approval of the Design Review Board and the Planning Commission prior to the issuance of a building permit. Details of the artificial windows, located on the west elevation of the structure, shall be submitted for Design Review Board and the Planning Commission review and approval prior to issuance of a building permit. If signing for the development is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board and the Planning Commission prior to the issuance of a building permit for the project. The texture of the stucco exterior finish shall provide a considerable amount of shade and shadow. The final stucco finish is subject to review and approval of the Design Review Board prior to application of the stucco finish. PARKING All parking spaces shall be 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. 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. PAGE 6 OF RESOLUTION NO. 96-46 Parking for the proposed development is based on the most intense use occurring at any one time at the subject site. The most intense parking needs for the subject site are generated by the cooking school. Parking requirements for the cooking school are based on .80 parking spaces per student/instructor. Based on a maximum of 43 students/instructors in a cooking class, a total of 34 parking spaces are required for the subject development, four of which are located on-site. Based on the approval of Ordinance No. 94-08 (In-Lieu Parking Fees), no parking fees will be required for the purchase of the 30 off-site parking spaces. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services DeparUnent, a notice that construction work will commence. The notice shall include a list of contact persons with name, rifle, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. ° 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. PAGE 7 OF RESOLUTION NO. 96-46 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 developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. All 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 through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. STREETS 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. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. PAGE 8 OF RESOLUTION NO. 96-46 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. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated July 25, 1996. 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. 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 in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. MISCELLANEOUS 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. PAGE 9 OF RESOLUTION NO. 96-46 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 these Development Plan and Land Use Permit applications, 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. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. The proposed 917+__ square foot second story residential living unit may remain permanently as a residential use for the owner of the subject business. However, any expansion of such use shall require prior Planning Commission approval of a Development Plan and a Land Use Permit. Any future construction and expansion of second floor office space shall require prior approval of a Development Plan. The subject structure shall be constructed in compliance with all standards and conditions of Contra Costa County Environmental Health Services Department. PAGE 10 OF RESOLUTION NO. 96-46 APPROVED by the Danville Planning Commission at a Regular Meeting on September 24, 1996, by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy Chief of Pl~~'~g f:~planning~parsons~pdpz95 PAGE 11 OF RESOLUTION NO. 96-46