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HomeMy WebLinkAbout99-02 EXHIBIT A RESOLUTION NO. 99-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE HERITAGE RESOURCE COMMISSION APPROVE A DEVELOPMENT PLAN REQUEST (DP 98-45) AND LAND USE PERMIT REQUEST (LUP 98-22) ALLOWING THE CONSTRUCTION OF A 1,530 +/- SQUARE FOOT ADDITION TO AN EXISTING OFFICE COMPLEX (APN: 208-022-015 --- BARRY & VOLKNIANN) WHEREAS, Barry & Volkmann Architects have requested approval of a Development Plan request (DP 98-45) and Land Use Permit request (LUP 98-22) to construct a 1,530 +/- detached addition to an existing office complex on a 0. 15 +/- acre site; and WHEREAS, the subject site is located at 402 Hartz Avenue and is further identified as Assessor's Parcel Number 208 -022-015; and WHEREAS, the Town of Danville Downtown District Ordinance require approval of a Development Plan prior to the construction of a new addition to an existing property; and WHEREAS, the Town of Danville Downtown District Ordinance require approval of a Land Use Permit prior to the expansion of a land use (Business and Professional Offices) which is not currently permitted by the Ordinance within Downtown Business District 1: Old Town; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 26, 1999; and WHEREAS, the project has been found to be exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class I; 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 the Planning Commission recommend the Heritage Resource 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 recommends that the Heritage Resource Commission approve Development Plan (DP 98-45) and Land Use Permit (LUP 98-22) requests per the conditions contained herein, and makes the following findings in support of this action: Development Plan: The proposed siting and architecture of the new residence structures will not conflict with the intent and purposes of the Downtown Business District Ordinance. The proposed development is in conformance with the goals and policies of the General Plan. The proposed development is in conformance with the intent of the zoning district in which the property is located. Land Use Permit: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the General Plan. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. 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. PAGE 2 OF RESOLUTION NO. 99-02 GENERAL This approval is for a Development Plan request (DP 98-45) and Land Use Permit request (LUP 98-22) allowing the construction of a 1,530 +/- square foot addition to an existing office building complex located at 402 Hartz Avenue. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Development Plan, Site Plan, Elevations and Preliminary Landscape Plans consisting of 4 sheets, as prepared by Barry & Volkmann and dated received by the Planning Division on January 21, 1999. 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 Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, 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 pelTnit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $310.50 (2 mailings X 207 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 October 6, 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 $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 PAGE 3 OF RESOLUTION NO. 99-02 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. 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. As part of the initial submittal for the plan checking and building permit review process, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Chief of Planning and Building and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. PAGE 4 OF RESOLUTION NO. 99-02 13. The applicant shall provide a report which evaluates and critically reviews the remaining historic elements of the accessory structure. The report shall provide an analysis of the structure as a whole and rate its historic significance. This report shall identify any missing, original, historic, and new elements on the structure. In addition, this report shall provide recommendations on the design options to retain or enhance the historic integrity of the structure in light of the current development scheme. The recommendations of this report shall be included, as determined by staff, as part of the building permit for the project. 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 fights-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 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. 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 new 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. All existing trees on the site shall be preserved to the extent practical. Specifically, the large Pine tree, which straddles the northem property line, shall be preserved. ARCHITECTURE PAGE 5 OF RESOLUTION NO. 99-02 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. 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. 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. PARKING Parking requirements for the project site is based on 3,077 +/~ square feet of office square footage. Based on this land use, the building has a requirement to provide 14 parking spaces (1 space per 225 square feet). Because only 3 parking spaces are provided on the project site, the applicant shall be required to purchase 11 parking spaces within the Town municipal parking lot. If a building permit for this project is secured prior to May I, 1999, or parking relief is granted through an incentive package by the Town Council, off-site parking in-lieu fees will be waived consistent with the Town's current off-site parking in-lieu fee moratorium. Should the tenant mix (land uses on the property) in the future be more intensive than what has been anticipated and which would generate a higher demand in parking, the developer/owner shall be subject to the additional off-site parking fees based on the fees applicable at that time. 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. PAGE 6 OF RESOLUTION NO. 99-02 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. * 4. 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. * 5. Handicapped ramps shall be provided and located as required by the City Engineer. G. 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. * 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). * 4. 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. PAGE 7 OF RESOLUTION NO. 99-02 * 5. * 6. * 7. * 8 * 9. * 10. * 11. 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. Ira 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. All new utilities required to serve the development shall be installed underground. All improvement plans shall be prepared by a licensed civil engineer. H MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff Any other change will require Planning Commission approval through the Development Plan review process. Use of a private gate, or similar blockages, to limit the public's access to the project parking area is expressly prohibited. 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, PAGE 8 OF RESOLUTION NO. 99-02 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 January 26, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Chairman APPROVED AS TO FORM: City Xttorney ~) f:\plmming\application\dp\dp98-45\dp98-45 staffrepork PAGE 9 OF RESOLUTION NO. 99-02