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HomeMy WebLinkAbout98-22 EXHIBIT A RESOLUTION NO. 98-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-22 AND VARIANCE REQUEST VAR 98-10 ALLOWING THE CONSTRUCTION OF A 3,900+/~ SQUARE FOOT COMMERCIAL BUILDING (APN: 208-041-009 -- DANVILLE II) WHEREAS, Basil Christopoulos has requested approval of a Development Plan application (DP 98-22) to allow the construction of a 3,900 +/- square foot commercial building on a 16,870 +/- square foot site; and WHEREAS, a Variance (VAR 98-10) is requested to allow potions of the building to encroach a maximum of five feet into the required ten foot minimum frontyard setback; and WHEREAS, the subject site is located on the northwest corner of San Ramon Valley Boulevard and Sonora Avenue, at 499 San Ramon Valley Boulevard, and is further identified as Assessor's Parcel Number 208-041-009; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to the construction of a new commercial building; and WHEREAS, the construction of a new commercial building in an urbanized area with available utilities which is consistent with the General Plan and zoning district is Categorically Exempt from the requirements of the Califomia Environmental Quality Act (CEQA); and WHEREAS~ the Planning Commission did review the project at a noticed public hearing on April 28, 1998; and WHEREAS, the Planning Commission indicated several concerns regarding the application and directed that those concerns be further reviewed; and WREEREAS, the Planning Commission did continue the item to an unspecified future Planning Commission hearing; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 14, 1998; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 1 OF RESOLUTION NO. 98-22 ,---, 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 98-22 and Variance request VAR 98-10 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 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; intemal 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. PAGE 2 OF RESOLUTION NO. 98-22 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 4: Residential Serving Commercial, in which the subject property is located. Because of the following special cimumstances 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: Frontyard Setback: The development is located on a comer lot with frontages on San Ramon Valley Boulevard and Sonora Avenue. It is desirable to allow the development of a building which will be architecturally attractive as viewed from both frontages. The proposed building's footprim provides relief by stepping in and out along the setback line, and has an average setback of approximately ten feet. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 4 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 * 1. This approval is for a 3,900 +/- square foot retail/restaurant building identified as "Danville H," at a site located at 499 San Ramon Valley Boulevard. Development shall be substantially as shown on the project drawings as follows, except as may PAGE 3 OF RESOLUTION NO. 98-22 be modified by conditions contained herein; Site Plan, Landscape Plm~, Floor Plan and Exterior Elevations, as prepared by Architectural Dimensions, consisting of five sheets, dated received by the Planning Division on June 12, 1998. The applicant shall pay or be subject to any and all Town and other related fees that the properly 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 Improvement Program (RT1P) ($4.50 x 3,900 = $17, 550.00), S ub-regi onal traffic impact fee ($.79 x 3,900 = $3,081.00), Child Care Facilities, Contra Costa County Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection 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 $ 261.00 ( 348 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 April 7, 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. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), 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, PAGE 4 OF RESOLUTION NO. 98-22 10. 11. 12. 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 stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressm~t, 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. All physical improvements shall be in place prior to occupancy of the building. The total number of allowable outdoor seats shall not result in a parking demand which exceed the parking spaces provided on-site plus an additional number of seats equal to 25 percent of the allowable indoor seats for the building (!otal of all tenants in the building). PAGE 5 OF RESOLUTION NO. 98-22 13. The daily hours of use of the outdoor seating area shall be limited to the hours between 7:00 a.m. and 11:00 p.m. unless otherwise authorized through a separate,. Subsequent Land Use Permit approval. 14. 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. 15. The hours for deliveries to this building shall be limited to be between the hours of 7:00 a.m. and 10:00 p.m. 16. If music is desired to be played in the outdoor seating area, the hours that the music may be played shall be limited to be between the hours of 10:00 a.m. and 10:00 p.m. B. SITE PLANNING * 1. 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. The wall to be constructed around the outdoor dining area shall have a maximum height of thirty inches, or the minimum height required by the Alcohol Control Board (ABC), to allow the flexibility to utilize this area to serve of alcohol at the initial building occupancy or some subsequent point in time. The wall shall be made of brick to match the brick utilized for the building. PAGE 6 OF RESOLUTION NO. 98-22 C, The applicant shall install a bicycle rack near the southeast corner of the site. The type of racks and exact location shall be subject to review and approval by the Planning Division prior to issuance of building permits for the project. 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. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. The property owner shall be required to maintain all landscaping associated with this development which is located within the public right-of-way. Consistent with Town guidelines for San Ramon Valley Boulevard, three Sycamore trees (Platanus Columbia) shall be planted approximately 30 feet on center along the project's San Ramon Valley Boulevard frontage. The trees shall be located within the sidewalk consistent with Town street tree guidelines. Landscape plans for the project shall include drip irrigation for these trees to be PAGE 7 OF RESOLUTION NO. 98-22 D, provided by this development. Scarlet Oak trees may be planted along the site's Sonora Drive frontage. Additional evergreen trees (i.e., trees above and beyond the trees shown on the preliminary landscape plans) shall be planted along the rear (north) property line, between the parking lot and the masonry wall, to provide an effective vegetative screen of the adjacent single family home. The additional tree planting shall be shown on the final landscape plans for the project subject to review and approval by the Planning Division. The 12" +/- Oak tree located to the north of the parking lot entrance on Sonora Avenue shall be preserved. 10. The split face wall along the north property line shall be eight feet in height. This wall shall include a textured finish on its front face. 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 architecturally compatible with the project architecture. Enclosure design shall include six foot high masomy 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 shall be covered and benned so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area shall be connected to the sanitary sewer, not the storm drain system. The design of the trash enclosure shall match the enclosures previously approved as part of the adjacent Iron Horse Plaza development. 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. PAGE 8 OF RESOLUTION NO. 98-22 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. Colors and materials shall be substantially as shown on the color and material board prepared for the project on file with the Planning Division and presented at the public hearing for this item. Signage for the building shall be substantially as depicted (size and location) on the approved building elevations, including wall sign on the north and somh elevations. Sign letters shall be individual channel letters and the colors shall be reviewed and approved by the Planning Division and the Design Review Board prior to issuance of building permits for tenant improvements. No internal illumination is allowed unless authorized by a separate, subsequent Sign Review permit which has secured Design Review Board review and approval. The sign standards established for the building shall be included within the building's individual tenant leases. The location of the trash enclosure shall be moved to the Sonora Drive fromage of the site, in the location shown as three parking stalls on the approved site plan. Additional landscaping, including shrubs and vines, shall be planted to help screen the enclosure from Sonora Drive. The parking lot shall be redesigned to provide parking stalls in the location that the garbage inclosure is shown on the approved project plans, with the goal of providing a total of 28 parking spaces on the site. Final garbage enclosure location, additional landscaping to screen the enclosure, and parking lot design shall be subject to final review and approval by the Planning Division and the Design Review Board prior to issuance of building permits for the building. Awning for the building shall be hunter green in color, subject to final review and approval by the Design Review Board. PAGE 9 OF RESOLUTION NO. 98-22 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. This development provides a total of 28 on-site parking spaces. All future mixes of tenants (uses) that are allowed to occupy this building shall be limited so as not to exceed a parking demand of 28 parking spaces. (Advisory Note: Should the proposed use of the building or part of the building be for a delicatessen or other combination take-out and dine-in restaurant, the parking requirement for that portion of the building shall be based on one space per four hundred square feet behind the counter plus one space per 100 square feet in front of the counter). 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 propetty 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 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. PAGE 10 OF RESOLUTION NO. 98-22 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. 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) 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. PAGE 11 OF RESOLUTION NO. 98-22 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, including the area which includes portions of three parking stalls and landscaping at the northeast corner of the site. 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 Chaptors 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. The properly owner shall be responsible for the long term maintenance of the uni- decor pavers utilized along the project frontage within the public right-of-way. These pavers shall match the pavers approved as part of the adjacent Iron Horse Plaza development. PAGE 12 OF RESOLUTION NO. 98-22 The applicant shall remove and replace the existing curb, gutter and sidewalk along the San Ramon Valley Boulevard frontage (including the proposed pavers within the sidewalk). The developer shall install aTown standard handicap ramp at the northeast corner of Sonora Avenue and E1 Dorado Avenue. H. ~FRASTRUCTURE * 1. 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. * 2. 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. * 3. 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. 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. PAGE 13 OF RESOLUTION NO. 98-22 * 8. 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. * 9. All new utilities required to serve the development shall be installed underground. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. I. 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. APPROVED bythe Danville Planning Commission at a Regular Meeting on July 14, 1998, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Combs, Rapp, Moran Jameson, Hunt Osborn /~~~~/~~ Chairman APPROVED AS TO FORM: City Attorney pdcz152 PAGE 14 OF RESOLUTION NO. 98-22