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HomeMy WebLinkAbout99-06 EXHIBIT A RESOLUTION NO. 99-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-60 AND VARIANCE REQUEST 99-03 ALLOWING THE CONSTRUCTION OF A TWO-STORY 5,183 +/- SQUARE FOOT RETAIL/OFFICE BUILDING (APN: 208-026-019) WHEREAS, Balford Properties has requested approval of a Development Plan application DP 98-60 to allow the construction of a 5,183 +/- square foot retail/office building on a 0.21 +/- acre site; and WHEREAS, a Variance (VAR 99-03) is requested to allow the second floor of the building to protrude 18" into the required minimum 10 foot front and secondary front yard setbacks along Railroad Avenue and Church Streets respectively; and WHEREAS, the subject site is located on the southeast comer of School Street and Railroad Avenue and is further identified as Assessor's Parcel Number 208-026-019; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval of a Development Plan application prior to construction of a new retail/office building; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 23,1999; 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 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 98-60 and Variance request VAR 99-03 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 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. 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. , The proposed development is needed at the proposed location to provide adequate facilities of the type proposed. 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. 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 2; Old Town Retail Transition, 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 propert5, of rights enjoyed by others in the general vicinity and/or located in the same zoning district: In order to provide all of the necessary parking on-site, the use of potential square footage that would otherwise have been allowed to be provided was lost. The small architectural projection on the second floor attempts to regain a bit of the square footage that was instead used for parking and also provides additional architecture variation. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 2; Old Town Retail Transition, in which the subject property is located since the variance allows for reasonable development of a eommercial/retail building. PAGE 2 OF RESOLUTION NO. 99-06 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 98-60 and Variance request VAR 99- 03 allowing the construction of a two-story 5,183 +/- square foot retail/office building on a 9,169 +/- square foot lot identified as 350 Railroad 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, Floor Plans, and Landscape Plan consisting of 10 sheets, and a Master Sign Program consisting of 4 sheets, as prepared by Michael Woldemar & Associates and dated received by the Planning Division on February 12, 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 Commercial Transportation Improvement Program, (The fee shall be 5,183 sq.ft. new building - 900 sq.ft. credit old building = 4,283 sq. ft. x $4.50 per gross sq.ft. = $19273.50), Child Care Facilities, 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 heating. The fee shall be $111.75 (149 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 PAGE 3 OF RESOLUTION NO. 99-06 Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. 10. 11. 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 Califomia 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 intemal 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 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. All physical improvements shall be in place prior to occupancy of the building. PAGE 4 OF RESOLUTION NO. 99-06 12. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the Califomia building codes. 13. If a food 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. 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. m~d 11:00 p.m. 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. 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 PAGE 5 OF RESOLUTION NO. 99~06 designed to avoid runoff and overspray. 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. , If site construction activity occurs in direct vicinity of the existing Redwood tree located on School Street, a security deposit in the amount of $5,000.00 shall be posted with the Town to assure the preservation of the tree. The security deposit shall be returned upon verification of the health of the tree following two full growing seasons after project completion. Quercus coccinea, 24" box specimen with a 4' brick tree well, is the designated street tree along Railroad Avenue. Ginko b. Fairmont with a 4' brick tree well is the designated street tree for School Street. Three trees shall be planted along the property frontage on Railroad Avenue, and two male trees shall be planted along School Street, to be consistent with the Town's Old Town Beautification Plan. The tree well and brick paving pattem shall also be consistent with the patterns along Railroad Avenue, School Street and with the Old Town Beautification Plan. The developer shall be responsible for maintenance of the street trees as part of this project for a period of one year. This includes hand watering during the establishment period. D. ARCHITECTURE * 1. 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 bored to the gates. Gates PAGE 6 OF RESOLUTION NO. 99-06 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, 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 palette shall be submitted for review and approval by the Planning Division 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 Planning Division and Design Review Board prior to issuance of building permits for the project. Signage for tenants in this building shall be as shown within the Master Sign Program, with the following modifications: a.) All signage shall be consistent with the Town's Sign Ordinance and must be submitted for review and approval by the Planning Division for consistency with the Master Sign Program prior to the placement of any signage on the property. b.) Signage materials for sign types A & B shall be wood. c.) Sign messages shall be limited to those permitted by the Town's Sign Ordinance. Sign copy denoting the profession of the business shall be prohibited. d.) The Master Sign Program shall include a site plan depicting the exact location specified for each sign and sign type, and state that all signage must be provided solely within these approved locations. A final Master Sign Program shall be submitted for review and approval by the Planning Division and the Design Review Board prior to the issuance of building permits for the project. PAGE 7 OF RESOLUTION NO. 99-06 8. A building permit must be obtained for all awnings. 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. 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. The applicant shall purchase five off-site parking spaces within the municipal lot subject to the parking hi-lieu fees at the time of building permit issuance. If a building permit for this project is applied for prior to May 1, 1999, then the project is exempt from all parking in-lieu fees. The parking requirement stated above is based on first floor retail and second floor office use for this building. The approved tenant mix for this project is office use on the second floor and retail use on the first floor only. If the tenant mix in the future is proposed to be more intensive than what has been approved as part of this project, generating a higher demand for parking, the developer/owner will be required to obtain a Variance from the Planning Commission for additional off-site parking and purchase the additional off-site parking stalls at the Town municipal parking lot, subject to the fees applicable at that time. GRADING * 1. * 2. * 3. 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 PAGE 8 OF RESOLUTION NO. 99-06 Building Code and Town of Danville Ordinances. * 4. * 5. * 6. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 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 coneentrations, 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) 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. PAGE 9 OF RESOLUTION NO. 99-06 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. 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 ofEBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated December 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. 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 runofffrom 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. PAGE 10 OF RESOLUTION NO. 99-06 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. 9. All new utilities required to serve the development shall be installed traderground. 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 11. The project applicant shall install curb, gutter, fire hydrants, and public sidewalk along School Street and Railroad Avenue. The sidewalk along School Street is to have brick banding per the Old Town Beautification Plan. All improvements shall comply with the Old Town Beautification Plan. 12. The applicant shall repave School Street to the centerline of the street, along the entire length of the property. 13. The applicant shall provide a street light along School Street or Railroad Avenue consistent with the type required by the Old Town Beautification Plan. 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. 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 PAGE 11 OF RESOLUTION NO. 99-06 under five acres. Prior to the issuance of building permits, the applicant shall record a grant of easement to provide for the future creation of pedestrian and vehicular cross access rights over the subject property which benefit the other properties completing the block defined by Hartz Avenue, Railroad Avenue and School Street (i.e., cross access easements benefiting APNs: 208-026-014, -016, -017, & -018 & APN: 208-026-013). The easement shall be reviewed and approved by the City Attomey prior to recordation. The prope~y located to the south (APNs: 208- 026-014, -016, -017, & -018) has already granted such an easement as part of the effort to create a network of private cross access easements serving the properties making up this block. These easements will improve on-site circulation; reduce the number of private driveway connections to the surrounding streets; coordinate the location of private driveway connections to the surrounding streets; maximize the number and efficiency of on-site private parking spaces; etc. However, these benefits will not be realized until there is substantive redevelopment of APN: 208- 026-013. As such, the grant of easement shall be structured to delay the effective date of the rights conferred by the easement until one of the following occurs: The existing three-story building on APN: 208-026-013 is redeveloped or is modified in such a manner so as to increase the intensity of the existing land use by a minimum of 15%. The area serving as the main on-site parking lot for the office building on APN: 208-026-013 is redeveloped, with said redevelopment including the construction of a new commercial building. A period of ten years elapses from the effective date of this Development Plan permit. If neither of the first two situations described above occur within ten years of the effective date of this permit, the Planning Division shall schedule the matter for Planning Commission consideration and action. The Planning Commission shall base their decision on whether to require the easements to become effective on their determination as to whether any of the above-cited positive attributes of a network of private cross access easements would be achieved as a result of making the easements effective across the subject property. The Planning Commission may defer the matter for future consideration for a single additional period of five years. PAGE 12 OF RESOLUTION NO. XX-XX APPROVED by the Danville Planning Commission at a Regular Meeting on February 23, 1999 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Jameson, Moran, Osborn Hunt, Rapp ~& Chairman APPROVED AS TO FORM: City Attorney F:/planning/applicafions/dp/dp98-60/staffi'eport.doe PAGE 13 OF RESOLUTION NO. XX~XX