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HomeMy WebLinkAbout98-15 EXHIBIT A RESOLUTION NO. 98-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-01 AND VARIANCE REQUEST VAR 98-07 ALLOWING THE DEVELOPMENT OF A 4,080 +/- SQUARE FOOT TWO-STORY COMMERCIAL/ OFFICE BUILDING (APN: 208-022-012 -- BALDACCI) WHEREAS, Thomas Baldacci has requested approval of a Development Plan request (DP 98- 01) and a Variance request allowing the development of a 4,080 +/- square foot two-story commercial/office building on a 5,900 square foot site; and WHEREAS, the Variance request would allow portions of the front elevation of the building to extent two feet into the required ten foot minimum frontyard setback, resulting in an eight foot front yard setback and to allow the second story of the building to exceed forty percent of the square footage of the total building; and WHEREAS, the subject site is located on the east side of Hartz Avenue, at 432 Hartz Avenue and is further identified as Assessor's Parcel Number 208-022-012; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to construction of a new commercial structure; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 24, 1998; and WHEREAS, 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 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 of the Development Plan request DP 98-01 and Variance request VAR 98-07 per the conditions contained herein, and makes the following findings in support of this action: PAGE I OF RESOLUTION NO. 98-15 Development Plan: The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed development is consistent with the General Plan and the Downtown Master Plan. 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 or will be obviated by: presently projected projects; proper entrances and exits; internal provisions for traffic or parking; parking plans and agreements. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. The proposed project is consistent with the Danville 2005 General Plan and the Downtown Business District Ordinance. The proposal will not be detrimental to the health, safety, and general welfare of the Town. 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, 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: The frontyard setback will allow for atransition in setback distance from the front property line between the property to the south, which is located approximately two feet from the front property line, and the building to the north which is located PAGE 2 OF RESOLUTION NO. 98-15 on the front property line. The encroachment into the frontyard setback will allow architectural projections which creates addition variation for the buildings front elevation. Allowance of the second floor of the building to exceed forty percent of the total square footage of the building is appropriate due to limited area for development of the first floor of the building given the desire to provide access to the rear of the building and to parking to be located behind this building and behind the adjacent building to tbe north. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 1 in which the subject property is located since the variance allows for the development of a new commercial/office building which will become an integral part of the downtown business district. 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 a Development Plan (DP 98-01 ) allowing the development of a 4,080 square foot two-story commercial/office building on a site located at 432 Hartz Avenue. The project is also identified as the Baldacci Building. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the plans labeled "Baldacci Building," as prepared by Barry and Volkmann, consisting of four sheets, dated received by the Planning Division on February 24, 1998 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 Transportation PAGE 3 OF RESOLUTION NO. 98-15 Improvement Program (TlP)(based on 2,680 net new commercial square footage), Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 78.00 (104 notices x $0.75 per notice). 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 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. 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 applicm~t 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 residences as feasible. PAGE 4 OF RESOLUTION NO. 98-15 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 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. 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. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. Bricks to be utilized in the front patio area shall match the bricks utilized by the Town in the front sidewalk. 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. New landscaping/plants shall be provided Within the two new planters along the project frontage and within the planting strip along the properties south property line. Metal trellis structures, attached to the wall, shall be installed to accommodate vines to be planted to grow on the trellises. The trellises shall be painted green to match the widow frames on the front elevation. Landscaping in the planting strip shall be watered with an automatic underground watering system. Project landscaping shall be maintained in a healthy growing condition. 3. The two planter pots along the front elevation shall include automatic drip PAGE 5 OF RESOLUTION NO. 98-15 irrigation and shall be designed with a rock sub-base and drainage system sufficient to direct overflow drainage to the street curb, not over the sidewalk. 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 an enclosure which is 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 shall be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that the trash/recycling area is 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 recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. An easement, or other agreement acceptable to the Town, shall be recorded allowing the property to the noah (APN: 208-022-013) the right of shared use of the garbage enclosure to be constructed in conjuntion with this project. 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. Samples of final materials and 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. 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. Signage for tenants in this building shall be limited to one sign per tenant, with a total of three wall mounted tenant signs. Each sign shall be located on the building facade, above the door and two front windows, and below the building canopy. The signs shall be individual raised wood letter, with exterior illumination. All signs shall be consistent with the size and height limitation specified within the Town's Sign Ordinance. 7. The proposed pole sign may be utilized for one first floor tenant only. Final details PAGE 6 OF RESOLUTION NO. 98-15 of the pole sign shall be subject to review and approval by the Design Review Board prior to issuance of a building permit for the building and shall be consistent with the regulations for mini-pole signs contained within the Town's Sign Ordinance.. Colors and materials for the building shall be generally as shown on the color and material board on file with the Planning Division and presented at the Planning Commission meeting. 9. The top cornice shall be black with burgundy corbels. 10. Awnings on the front facade shall be black with a straight valence. 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. This development generates a demand for a total of thirteen parking spaces. Three new parking spaces shall be provided on site.= The applicant shall be required to purchase ten parking spaces off-site within the Town's municipal parking lot. If a building permit for the building is obtained prior to May 1, 1999, (i.e., the "sunset" date of the current fee moratorium) no fee will be associated with the off- site parking stalls. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of demolition and 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, Danville Area Chamber of Commerce, the Downtown Memhants Association 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 PAGE 7 OF RESOLUTION NO. 98-15 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. 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. lftoxic 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 ofany~ 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. PAGE 8 OF RESOLUTION NO. 98-15 Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 9. 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. G. STREETS * 1. 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. PAGE 9 OF RESOLUTION NO. 98-15 A satisfactory private driveway maintenance agreement, for the shared driveway (serving APN: 208-022-012 & 208-022-013) on the south and east side of this building, shall be submitted for approval of the City Attorney prior issuance of building permits for the project. 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. 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. PAGE 10 OF RESOLUTION NO. 98-15 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS The project shall be constructed as appr0ved. 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. * 3. Pursuant to Govemment 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. 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 March 24, 1998, by the following vote: PAGE 11 OF RESOLUTION NO. 98-15 AYES: NOES: ABSTAINED: ABSENT: Bowlby, Combs, Hunt, Jameson, Osborn, Rapp, Moran ~J'~e~ Chairman APPROVED AS TO FORM: City Attorney pdczl50 Chief of PIs ling PAGE 12 OF RESOLUTION NO. 98-15