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HomeMy WebLinkAbout99-32RESOLUTION NO. 99-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-51 AND VARIANCE REQUEST VAR 99-20 ALLOWING THE CONSTRUCTION OF A 1,431 +/- SQUARE FOOT ADDITION TO AN EXISTING 1,976 +/- SQUARE FOOT BUILDING AND ALLOWING A HANDICAP RAMP TO ENCROACH FIVE FEET INTO THE REQUIRED 10-FOOT FRONT YARD SETBACK. (APN: 208-025-017 - HA'S RESTAURANT) WHEREAS, Stanley and Michelle Ha (Owners) have requested approval of Development Plan request DP 98-51, and Variance request VAR 99-20 to construct a 1,431 +/- square foot addition to an existing 1,976 +/- square foot commercial building on a .23 acre parcel; and WHEREAS, the subject site is located at 531 Hartz Avenue and is furth,er identified as Assessor's Parcel Number 208-025 -017; and \ WHEREAS, a Variance request VAR 99-20 has been requested to allow the development to encroach five +/- feet into the minimum required 10-foot front yard setback; and WHEREAS, the project has been found to be categorically exempt from the requirements of California Environmental Quality Act, and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 14, 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 approves Development Plan request DP 98-51 and Variance request VAR 99-20 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS: Downtown 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 2010 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 traffic congestion will not likely be created by the proposed addition 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 2010 General Plan and the Downtown Business District Ordinance. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Variance This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District's 1 & 2 in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Due to the alignment of the existing building, there is no other viable alternative location to construct the required handicap ramp to provide access to the front 2 entrance of this existing commercial building. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 1 & 2 in which the subject property is located since the variance would be granted to meet appropriate exiting requirements under the Americans with Disabilities Act. 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 Development Plan request DP 98-51 and Variance request VAR 99-20 allowing the construction of a 1,431+/- square foot addition to an existing 1,976 +/- square foot commercial building on a 0.23 +/- acre property identified as 531 Hartz Avenue (APN: 208-025-017). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Development Plan, Site Plan, Building Elevations, Roof Plan, Conceptual Landscape Plan, and Signage Program, consisting of seven sheets, as prepared by Alpha Design and Construction and dated received by the Planning Division on August 3, 1999. The proposed 1,43 1 +/- square foot addition shall be limited to the uses identified on the project plans. All future tonant improvements shall be subject to review and approval by the Planning Division prior to the issuance of a tenant improvement building permit. The 324 +/- square foot addition dedicated to the dining area shall not be increased through a future tenant improvement without prior approval from the Planning Commission through a separate Development Plan application. Any expansion will be subject to the Town's parking requirements and to the payment of additional parking in-lieu fees. 3 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. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspechon. Prior to the issuance of a grading or building permit, whicheve~ occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $157.50 (105 notices X $0.75 per notice X 2 mailings). Prior to the issuance a building permit, 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. 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 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. 4 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. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No portion of the structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction actiwty. 12. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report, detailing how each condition of approval for this project has been, or will be, complied with. This report shall be submitted with the building permit application for the review and approval of the Planning Division. 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. Prior to approval of a building permit, all projects must conform to the applicable Uniform Building Codes and the Califomia building codes. 14. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 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. 5 Ill~, C, 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. 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. The handicap ramp proposed for ingress and egress of the rear entrance along the south property line shall be shifted four feet six inches noah towards the existing building to allow for landscaping between the handicap ramp and the south property line, as depicted in the attached staff study (Exhibit F). This landscaping shall act as a visual buffer between the restaurant and the existing neighboring single family home. The landscape plan shall be revised to include this change and shall be submitted to the Planning Division for review and approval prior to the issuance of a building permit. 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. The trash enclosure shall be constructed as approved, entirely contained within the building and accessed from the existing parking lot. All trash and refuse shall be contained within the designated enclosure detailed on the site plan. The trash enclosure gates shall 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 ran-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the 6 sanitary sewer, not the storm drain system. The enclosure shall contain adequate ventilation consistent with all Contra Costa County Health Department and local waste and recycling services standards. 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. An identification sign, consisting of either the building name or address, is permitted on the two approved awnings. This signage shall be professionally painted on the canvas. Only indirect illumination of this building identification sign is permitted. No signage shall be permitted elsewhere on the building without prior approval from the Planning Division. All existing signage shall be removed as part of this development plan approval. Colors and materials for the proposed building shall be as shown on the color and materials board for the project on file with the Planning Division. In addition, the colors and materials for the building shall be substantially as depicted by the colored rendering for the building on file with the Planing Division and presented at the public hearing for this project. Any future color changes and re-roofing changes shall be subject to the review and approval of the Town' s Design Review Board. PARKING All parking spaces shall be re-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. The space size shall be no smaller than 9 feet by 19 feet in size, including allowable overhang. 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 (only four compact spaces are allowed at the entrance of the parking lot). Prior to the issuance of a building permit, the applicant shall pay an off-site parking in-lieu fees for six additional spaces generated by this addition and provided off-site within the Town's municipal parking lot. The off-site parking in-lieu fee shall be $42,000 ($7,000 per space X six spaces). 7 The existing parking lot shall be re-striped to include 12 parking spaces (four compact and eight full size parking spaces) as shown on the project plans. Parking space dimensions shall be consistent with the Downtown Parking Standards. The applicant shall install a sign on the northem property fence, facing the parking stall which is immediately adjacent to the trash enclosure, which defines the times that the parking stall must be vacated in order to permit the collection of solid waste and recyclable. F. GRADING * 1. 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. , 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) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed 8 through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). ANPDES construction permit may be required, as determined by the City Engineer. G. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction actiwties within any public right-of-way or easement. Parking lot signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restfiction 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. * 5. All improvements within the public fight-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. The applicant shall be responsible for repairing and/or replacing property frontage improvements, including curb, gutter and sidewalk, and any to be found necessary by the City Engineer. H. INFRASTRUCTURE * 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) 9 water system in accordance with the requirements ofEBMUD. 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 March 5, 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. 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. The applicant shall fumish 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. 8. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 10. The existing grease interceptor located within the parking lot shall be relocate& Project plans depicting this realignment shall be prepared by a licensed engineer 10 and submitted to the Town's Engineering Division for review and approval prior to the issuance of a building permit. The existing storm drain located within the parking lot shall be relocated. Project plans depicting this realignment shall be prepared by a licensed engineer submitted to the Town' s Engineering Division for review and approval prior to the issuance of a building permit. MISCELLANEOUS The use of the outdoor patio area for outdoor seating is expressly prohibited. No tables or chairs shall be placed on the outdoor patio or ramp area. The path of travel for handicap accessibly ramps shall be kept clear and unobstructed at all times. A Grant of Easement allowing access over the subject property's parking area and drive isle shall be executed by the property owner in favor of the owners of the Basil Leaf Caf~ property and Ragz Fifth Avenue' s property. This easement shall be recorded prior to the issuance of a Building Permit. In connection with the filing and application for any approvals for the Basil Leaf Caf6 and/or Ragz Fifth Avenue property, the Town intends to require a similar Grant of Easement from that applicant for access purposes in favor of the subject property. In addition, the grant of easement shall allow for the reconfiguration of the parking lot as necessary to facilitate shared access and parking with the adjacent properties, as found necessary by the Town. , 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 gated entrance or barrier, prohibiting public access to the parking lot, 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, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction 11 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. The applicant shall ensure that no vehicle is parked in the parking stall directly adjacent to (east of') the trash enclosure during anticipated solid waste and recycling removal periods. To implement this condition, the applicant shall include language in all tenant lease agreements that the subject parking stall is vacated during trash and recycling collection times. APPROVED by the Danville Planning Commission at a regular meeting on September 14, 1999, by the following vote: AYES: Combs, Hunt, Graham, Jameson, Moran, Rapp NOES: Chair~man~~/ ABSTAINED: . ABSENT: Osborn APPROVED AS TO FORM: City Attorney f:\plmming\application\dp\dp98-51 \pc staff report.doe PAGE 12 OF RESOLUTION NO. 99-32