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HomeMy WebLinkAbout96-56 EXHIBIT A RESOLUTION NO. 96-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 96-17 AND VARIANCE VAR 96-22 ALLOWING THE CONSTRUCTION OF A 3,455+/- SQUARE FOOT COMMERCIAL/OFFICE BUILDING (APN: 199-350-014 -- REY) WHEREAS, George Rey (Owner) Craig and Wood Architects (Applicant) have requested approval of a Development Plan DP 96-17 and Variance request VAR 96-22 to allow the construction of a new 3,455 +/- square foot commercial/office building on a 2,400 +/- acre site; and WHERF~S, the construction of the new building would require the demolition of the exiting building on the site; and WHERF~S, the Variance requests would allow a 10 foot encroachment into the required 10 foot front setback, resulting in no front setback from the Hartz Avenue public right-of-way and would allow the new building to exceed the maximum allowable floor area ratio; and WHEREAS, the subject site is located at 355 Hartz Avenue and is further identified as Assessor's Parcel Number 199-350-014; and WHERF~S, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to construction of a new commercial/office building; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 26, 1996; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and PAGE I OF RESULUTION NO. 96-56 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 grant of a Negative Declaration of Environmental Significance and approves the Development Plan (DP 96-17) and Variance (VAR 96-22) requests per the conditions contained herein, and makes the following findings in support of this action: 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. 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. Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 1; Old Town Retail in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, PAGE 2 OF RESULUTION NO. 96-56 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 majority of buildings in the area have no front setback from Hartz Avenue. The proposed frontyard setback variance will allow for the new building to match the location of the store fronts on both sides of the subject building thus maintaining the character of the existing street frontage in the area. The Floor Area Ratio variance will allow for the development of a two-story commercial/office building on the site which has substantially the same footprint as the existing building on the site. The proposed construction is consistent with the stated goals of the Downtown Business District Ordinance including allowing for an intensely developed central core area of retail, service/commercial or service office. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 1; Old Town Retail in which the subject property is located since the variance allows for the reasonable development of a commercial/office building. 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 approval is for Development Plan request DP 96-17 and Variance request VAR 96-22 allowing for the construction of a 3,455 +/- square foot commercial/office building located at 355 Hartz Avenue. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Rey Commercial Building", as prepared by Craig and Wood Architects, consisting of 9 sheets, dated received on November 20, 1996 by the Planning Division. PAGE 3 OF RESULUTION NO. 96-56 o 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 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. 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 July 25, 1996. 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 ($25.00). 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 PAGE 4 OF RESULUTION NO. 96-56 internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 10. 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 actvifies shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of the structure. Co 11. The developer shall submit an application for a building permit to construct the new building prior to the demolition of the existing building on the site. A demolition permit will be required prior to demolition of the building. 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. 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. 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. Prior to the PAGE 5 OF RESULUTION NO. 96-56 D0 issuance of a building permit for construction of the building, the applicant shall provide documentation to the Town confirming the acquisition of an easement from the adjacent property to the north (345 & 349 Hartz Ave.) allowing for the permanent use of the area shown on the project plans (near the rear of the existing shed) for a garbage enclosure to contain the garbage generated from the subject new building. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Signage for future occupants of the building shall be submitted to the Planning Commission for consideration under a separate application. 0 Colors and materials for the proposed building shall be as shown on the color and material board for the project on file with the Planning Division. In addition, the colors and materials for the building shall be substantially as depicted by the colored rendering for the building on file with the Planning Division and presented at the public hearing for this project. ° Final construction details shall be subject to review and approval by the Design Review Board prior to issuance of a building permit for the project. PARKING Parking requirements for the proposed building is based on retail uses on the first floor and service office uses on the second floor. Based on these uses, the required parking for the building is 14 spaces. However, parking provided by for the existing building within the adjacent (rear) Railroad Avenue parking lot is 8. Therefore, the applicant shall be required to buy six additional parking spaces within the Town's municipal parking lot. No cost will be associated with the purchase of the parking spaces if a building permit is secured for construction of the new building prior to May 1, 1997, or during the valid period of the parking fee moritorium if the moritorium is extended for an additional period of time. GRADING 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 PAGE 6 OF RESULUTION NO. 96-56 o 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 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. Runofffrom 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. PAGE 7 OF RESULUTION NO. 96-56 F. STREETS Go 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. 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. 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 required by the City Engineer. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. PAGE 8 OF RESULUTION NO. 96-56 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. o o o 10. 11. 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. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 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. 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 least double the depth of the storm drain. 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. Ail new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 9 OF RESULUTION NO. 96-56 H. MISCELLANEOUS * 1. 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. * 20 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. APPROVED by the Danville Planning Commission at a Regular Meeting on November 26, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Combs, Hunt, Jameson, Osborn, Murphy Chief Of ~~ APPROVED AS TO FORM: City Attorney pdcz117 PAGE 10 OF RESULUTION NO. 96-56