Loading...
HomeMy WebLinkAbout98-21 EXHIBIT A RESOLUTION NO. 98-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 97-24 ALLOWING THE CONSTRUCTION OF A ONE-STORY 5,820 +/- SQUARE FOOT COMMERCIAL/RETAIL BUILDING (APN: 208-026~014, -016, -017 & -018) WHEREAS, Robert Enea has requested approval of a Development Plan application DP 97-24 to allow the construction of a 5,820 +/- square foot commercial/retail building on 0.34 acre project site; and WHEREAS, the subject site is located on the corner of Railroad Avenue and Hartz Avenue, at 428 Railroad Avenue and is identified as Assessor's Parcel Numbers 208-026-014, -016, -017 & -018; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to construction of a new commercial/retail building; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 28, 1998; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staffreport 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 the Development Plan request DP 97-24 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 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. PAGE 1 OF RESOLUTION 98-21 t-- 3. 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 development due to the proper location of access to the site and adequate intemal 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 development which will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. 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 a Development Plan request DP 97-24 allowing the construction of a 5,820 +/- square foot commercial/retail structure on the comer of Railroad Avenue and Hattz Avenue, identified as 428 Railroad Avenue (APN: 208-026-014, -016, -017 & -018). This project approval authorizes the demolition of the existing 1,150 +/- square foot commercial structure CZazu's'). This approval also authorizes the implementation of a Master Sign Program, as described condition ~D4. This approval does not allow include the use of outdoor seating. The owner or future tenant interested in utilizing an outdoor seating area must obtain a separate Land Use Permit, subject to the review and approval oftbe Planning Division. Except as may be modified by conditions contained herein, development shall be substantially as shown on the project drawings labeled "Enea Commercial Properties," as prepared by William Wood Architects, consisting seven sheets, dated received by the Planning Division on April 23, 1998. The project plans include site plan, floor plan, exterior elevations, site lighting plan, signage program, and conceptual landscape plan. PAGE 2 OF RESOLUTION 98-21 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 this issuance of a building permit. Notice should be taken specifically of the Town's Commerical Transportation Improvement Program ($4.50 X 5,280 s.f. - $23,760), Southern Contra Costa County Regional Fee ($0.79 X 5,280 s.f. - $4,171), Child Care Facilities ($0.25 X 5,280 s.f. -' $1,320), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. 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 $203.25 (271 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 SRVFPD's initial comments on this project are summarized in part in their memorandum dated February 10, 1998. 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, in which case 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 PAGE 3 OF RESOLUTION 98-21 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 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 activities shall be discontinued during high wind periods. 11. All physical improvements shall be in place prior to occupancy of any structure in the project. 12. Prior to the issuance of a building permit for the construction of the project, the applicant/owner shall file and record an approved parcel merger which consolidates all four parcels (APN: 208-014, -016, -017, -018) into one legal parcel. 13. If afood user (e.g., restaurant) does occupy a tenant space within the building, all exhaust vents from each cooking grill shall be fitted with electrostatic precipitator air cleaning systems to reduce smoke and odors to an efficiency level of 95-99% by particle count. 14. Employees of the restaurant shall be required, through individual employee agreements, to park off-site within the Town 's municipal parking lot on Railroad Avenue. 15. If outdoor seating is requested, the applicant must obtain a Land Use Permit, subject to the review and approval of the Planning Division. Among other things, approval of outdoor seating would be based on the number of indoor seats within the restaurant and the availability of parking for the building. PAGE 4 OF RESOLUTION 98-21 16. If outdoor seating is permitted through the approval of a Land Use Permit, the hours of use of the outdoor seating area shall be limited to the hours between 7:30 a.m. and ll:00p.m. B. SITE PLANNING * I. 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. * 3. Any onesite wells and sephc 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. 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 gxowing 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 5 OF RESOLUTION 98-21 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 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 recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. 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. The Master Sign Program approved for this project limits tenant signage to the area considered to be the vertical "street face" of the awnings. All lettering for awning signage shall be white and limited to a maximum of 18 inches high. The number of signs permitted for each tenant shall be consistent with the Town's Sign Ordinance and subject to the review and approval of the Planning Division. The method of lighting for all signs on this building shall be indirect (directed from above the awning using goose-neck lights). No internally illuminated signage is permitted on this building or property. Because no tenants, major or minor, were identified at the time of project approval, this signage program does not permit signage on the building tower. A major tenant may submit an application for signage on the tower, which complements the signage approved for the awnings, and subject to the review and approval of the Design Review Board. PARK1NG 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. PAGE 6 OF RESOLUTION 98~21 The project provides 18 on-site parking spaces. Based the 25 percent off-site parking provision and the additional 20 percent reduction in parking requirements provided by the Downtown ordinance, the mix of tenants (uses) that are allowed to occupy the building could not exceed a parking demand greater than 30 parking spaces. Should the tenant mix within the building be more intensive than what has been anticipated and generates a higher parking demand than 30 parking spaces, the applicant/owner shall be subject to the payment of additional off-site parking fees applicable at the time of the application and the approval of the Planning Division. For example, if the mix of future tenants in the building generate a need for 40 parking spaces (rather than 30 spaces), the applicant/property owner shall pay for the in-lieu parking fee for the additional unanticipated 10 spaces. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 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 Depaament. 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. PAGE 7 OF RESOLUTION 98-21 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. 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. 7. The property owner shall maintain all landscaping and project-related hardscaping installed within the Town's right-of-way. INFRASTRUCTURE PAGE 8 OF RESOLUTION 98-21 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 March 9, 1998. 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 February 27, 1998. 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. 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 PAGE 9 OF RESOLUTION 98-21 company standards, or in public streets. 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 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. 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. To ensure future pedestrian access across the northern portion of the property, the applicant shall grant a three-foot public access easement across the area located between the building and the northern property line, in favor of the Town of Danville. This access easement shall be recorded prior to the issuance of a building permit and would be exercised when the property to the noah develops or when the Town deems it appropriate to provide pedestrian access. PAGE 10 OF RESOLUTION 98-21 This access easement shall also stipulate that the landscaping in this three-foot strip is temporary in nature and shall be removed upon request by the Town for the purposes of developing a paved pedestrian walkway along this froutage. To ensure that the developments on this block would result in a logical parking layout and circulation pattem, the applicant shall execute a Grant of Easement for cross access and shared parking, in favor of the other properties on the block. This easement would be executed prior to the issuance of a Building Permit but would not be recorded until the approved development of the other properties have occurred. In connection with the filing and application for any approvals for the development of the remaining parcels on this block, the Town would then require a similar Grant of Easement from those applicant for cross access and shared parking purposes in favor of this subject property, thereby "completing" the cross- access and parking agreements over a span of time. APPROVED by the Danville Planning Commission at a Regular Meeting on April 28, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Bowlby, Combs, Hunt, Magliano, Moran, Osborn, Rapp Chairman APPROVED AS TO FORM: City Attorney Chief of Pla PAGE 11 OF RESOLUTION 98-21