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HomeMy WebLinkAbout97-20EXHIBIT A RESOLUTION NO. 97-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 97-03 FOR THE CONSTRUCTION OF A 2,000+ SQUARE FOOT BUILDING ADDITION TO AN EXISTING 1,322+ SQUARE FOOT STRUCTURE FOR USE AS PROFESSIONAL OFFICE USE LOCATED AT 571 HARTZ AVENUE (APN: 208-025-009) WHEREAS, Terence Doyle has requested approval of Development Plan request DP 97-03 for the construction of a 2,000+ square foot two story addition to an existing structure on a 5,000+ square foot site; and WHEREAS, the subject site is located on the west side of Hartz Avenue at 571 Hartz Avenue and is further identified as Assessor's Parcel Number 208-025-009; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan for the proposed building addition; and WHEREAS, the subject property was designated as a Heritage Resource on April 17, 1990 by the Town Council; and WHEREAS, on August 2, 1994, the Town Council approved an Incentive Package for the subject property to allow Business and Professional Office uses at the subject site, and a Mills Act Contract with the Town of Danville; and WHEREAS, Ordinance No. 89-8 (Historic Preservation) of the Town of Danville requires Heritage Resource Commission approval for an addition to a Heritage Resource designated property; and WHEREAS, the Heritage Resource Commission did review the project at a noticed public hearing on May 19, 1997 and recommended approval of the proposed building addition; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 10, 1997; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 1 OF RESOLUTION NO. 97-20 WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; 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 request DP 97-03 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed project is consistent with the Development Standards included in the Downtown Business District Ordinance. The proposed addition is consistent with the architecture and historic character of the original historic structure. 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, and the community. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and traffic congestion will not likely be created by the proposed building addition 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. Based on the completion of the Initial Study of Environmental Significance andcomments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C * ") 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 Development Plan request DP 97-03 to construct a 2,000+ square foot addition to an existing 1,322+ square foot structure located at 571 Hartz Avenue. Development shall be substantially as shown on the project plans as follows, except as may be modified by conditions of contained herein; PAGE 2 OF RESOLUTION NO. 9%20 Preliminary Architectural Plans, Floor Plans and Landscape Plan, consisting of seven sheets, as prepared by Craig & Wood Architects and B o rrecco/Kilian & Associates, Inc. Landscape Architects, and dated received by the Planning Division on March 23, 1997. 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) ($9,000.00), 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 May 23, 1997. The applicant shall submit to the Town of Danville a $25.00 fee (payable to the Contra Costa County Clerk) necessary to file a Notice of Categorical Exemption. 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 PAGE 3 OF RESOLUTION NO. 97-20 stationary noise-generating equipment as far away from existing residences 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. SITE PLANNING All lighting shall be installed in a generally down-directed manner so that glare is directed away from surrounding properties and rights-of-way. All exterior light fixtures are subject to the review and approval of the Planning Division prior to installation. The location of any pad mounted electrical transformers shall be subject to review and approvalbythePlanningDivisionpriortotheissuanceofabuildingpermit. Tothe 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 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 landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. 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. PAGE 4 OF RESOLUTION NO. 97-20 D+ 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. No ducts, air conditioning and/or any other mechanical equipment shall be mounted on the roof of the structure. All trash and refuse shall be contained within an enclosure architecturally compatible with the project architecture. Prior to issuance of a building permit, the applicant shall document that the local trash disposal/recycling company has approved all trash/recycling areas. The street number for the structure shall be posted so as to be easily seen from the street at all times, day and night. Samples of the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Sample building colors shall be applied to the structure for review and approval by the Design Review Board prior to application to the entire building. 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. Any additional building signage is subject to prior review and approval by the Town of Danville. The roofing material for the addition shall match the existing roof material of the existing structure. If the existing roof material on the existing building is replaced, the roofing material is subject to review and approval by the Design Review Board prior to application. PARKrNG. 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 5 OF RESOLUTION NO. 97-20 A total of 15 parking spaces are required for subject development. Based on the proposed site plan and the requirements of the Uniform Building Code, only one parking space can be developed on-site considering the requirements for handicap accessibility for parking. Based on the approval of Ordinance No. 94-08 (In-Lieu Parking fees) and the two year time extension to May 1, 1999 for the waiver of in-lieu parking fees, no parking fees will be required for the purchase of 14 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, and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, 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. 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. PAGE 6 OF RESOLUTION NO. 97-20 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) concems. 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 din carried off the construction site onto adjacent streets shall be swept 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 PAGE 7 OF RESOLUTION NO. 97-20 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. 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. 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 in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. All 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. 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. 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 ~-, PAGE 8 OF RESOLUTION NO. 97-20 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. * 3. The proposed project shall conform to the Town's Storm water 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 clearring, 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 June 10, 1997, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Combs, Hunt, Jameson, Moran, Osborn, Rapp, Bowlby City Attorney F:XPlanningXParsons\pdpz 104 Chief o~f PI~ PAGE 9 OF RESOLUTION NO. 97-20