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HomeMy WebLinkAbout2000-26PLANNING COMMISSION RESOLUTION NO. 2000-26 APPROVE REVISED FINAL DEVELOPMENT PLAN REQUEST DP 2000-20 AND VARIANCE REQUEST VAR 2000-19 TO AMEND PRELIMINARY DEVELOPMENT PLAN - lIEZONING REQUEST PUD 98-01 AND FINAL DEVELOPMENT PLAN REQUEST DP 97-08 (500 LA GONDA WAY -- APN 200-151-007) WHEREAS, on February 17, 1998, William McCarm and Gordon Bingham received approval of Preliminary Development Plan - Rezoning request PUD 98-01 and Final Development Plan request DP 97-08 rezoning a 2.69 +/- acre site to a P-l; Planned Unit Development District and authorizing the development of a two-story 39,000+/- square foot office building and a 7,000+/- square foot performing arts center connected by a 1'000+/- square foot atrium; and WHEREAS, the approved project is currently under construction on the subject site, located on the northeast corner of La Gonda Way and E1 Cerro Boulevard, at 500 La Gonda Way, and is further identified as Assessor's Parcel Number APN 200-151-007; and WHEREAS, the developer is seeking authorization to eliminate the 30+/- space parking structure approved under the original entitlemerits and is also seeking approval of various numerical and dimensional parking variances that would be created by the implementation of proposed revised parking layouts for the project; WHEREAS, Town of Danville Pq; Planned Unit Development District Ordinance requires approval of a Revised Final Development Plan prior to making substantive changes to the project approved under the original Preliminary Development Plan - Rezoning and Final Development Plan requests; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance was prepared for the initial project indicating that, as mitigated through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the modifications to the project now being requested constitute minor adjustments to the original approval, leading to a determination that the current project is Categorically Exempt from the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission did review the project at noticed public hearings on August 22, 2000 and September 12, 2000; and PAGE 1 OF RESOLUTION NO. 2000-26 ,--, WItEREAS, the public notice of this action was given in all respects as required by law-; and 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 determined during their consideration of this proposal that a long-term "fix" to the La Gonda / Et Cen'o Boulevard intersection traffic and circulation conditions needs to be pursued by the Town's Transportation Department (with the solution most likely ultimately involving the provision of left turn lanes from La Gonda Way onto E1 Cerro Boulevard); and be it further RESOLVED that the Planning Commission of the Town of Danville approves Revised Final Development Plan request DP 2000-20 and Variance request VAR 2000-19, mending Preliminary Development Plan - Rezoning request PUD 98-01 and Final Development Plan request DP 97-08, and makes the following findings in support of these actions: FINDINGS OF APPROVAL Revised Final Development Plan: 1. The proposed project is consistent with the Danville 2010 General Plan. The proposed development is in conformance with the proposed zoning district in which the property is located. There is no substantial evidence before the Town that the project will have a significant adverse effect on the environment (the current project has been deemed to be Categorically Exempt from the requirements of the California Environmental Quality Act). The proposed development will not be detrimental to the health, safety, and general welfare of the Town. The development will not adversely affect the orderly development of property within the Town. The development will not adversely affect the preservation of property values and the protection of the tax base within the Town. PAGE 2 OF RESOLUTION NO. 2000-26 .t-- 7. The development will not adversely affect the policy and goals as set by the Danville 2010 General Plan. The development will not create a nuisance and/or enforcement problem within the neighborhood or community. 9. The development will not encourage marginal development within the neighborhood. Variance The numerical and dimensional parking variances authorized under this approval do not constitute grants of special privilege inconsistent with the limitations on other properties in the area and other commercial properties developed under the P-l; Planned Unit Development District format. Because of special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by other commercial properties in the generaI vicinity and/or located in the same zoning district. This variance is in substantial conformance with the intent and purpose of the P-i; Planned Unit Development District in which the subject property is located since the variance allows for reasonable development of the property for commercial uses. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the occupancy of the buildings authorized under these entitlements. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for Revised Final Development Plan request 2000-20 and Variance request 2000-19. The approvals serve to modify previously approved Preliminary Development Plan - Rezoning request PUD 98-01 and Final Development Plan request DP 97-08 pertaining to the development of a two-story 39,000 square foot office building and a 10,932 square foot performing arts center connected by a 1,000+/- square foot atrium at 500 La Gonda Way, further identified as APN 200-151-007. The original conditions of approval established for PUD 98-01 and DP 97-08 continue to apply to this project, unless specifically modified through the following conditions of approval. PAGE 3 OF RESOLUTION NO. 2000-26 Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: Revised Parking Layout - "Parking Stall Plan," as prepared by DeBolt Civil Engineering consisting of one sheet and dated September 5, 2000. Modified Landscape Plan for Parking Layout, consisting of one sheet, as prepared by Borrecco / Killian & Associates Inc., and dated received by the Planning Division on August 15,2000_. The developer shall pay new plan checking and inspection fees associated with the Revised Project Improvement Plans prepared in association with this approval; shall pay fees associated with the filing of a Notice of Exemption for this project as required by AB 3185 ($25.00); shall pay the unpaid plan check and inspection fees associated with the building shell for the theater ($4,458.27) and shall pay pertinent application fees for the Revised Final Development Plan request and the Variance request ($1,760). The Revised Project Improvement Plans shall be subject to review and approval by the San Ramon Valley Fire Protection District. If site improvements are completed in phases, the developer shall provide security fencing between completed areas and areas under construction, to the satisfaction of the City Engineer and/or the Chief Building Official. Operation times and activities allowed at the performing arts theater are defined as follows: Rehearsals at the theater shall take place after 6:30 p.m. on nights not scheduled for performances; On nights during which theater events are scheduled, evening events shall take place after 7:00 p.m. Matinee events on Saturday and Sunday shall be coordinated, to the satisfaction of the Chief of Planning, with Saint Isidore's Church's regular church service start and end times to avoid conflict with peak activity at Saint Isidore's; The theater facility may not be used by occupants of the office building for internal presentations, meetings, etc., unless prior authorization is secured for such usage from the Chief of Planning. Such usage shall not involve attendance by more than fifteen individuals that are not occupants of the adjoining office building. PAGE 4 OF RESOLUTION NO. 2000-26 The daytime use of theater may not generate "destination trips" (e.g., people ~vho come to the theater for scheduled conferences, periodic "talks" open to members of the public, or any activity which ~vould not normally lead them to the center). Exceptions to this restriction may be granted for use of the theater on holidays where the office portion of the project is not being utilized or where its use is not maximized, subject to prior review and approval by the Chief of Planning. The performing arts theater production crews shall be limited to loading and unloading equipment after the hour of 6:30 p.m. and before the hour of 7:00 a.m. to avoid parking and internal circulation conflicts with the office use. Trucks used to load and unload theater equipment may park overnight on the property as long as the trucks leave the parking lot by 7:00 a.m. on the following weekday moming. Unless authorized by the Chief of Planning, there shall be no food service operated in the atrium area during normal weekday work hours. Any requested changes to the limitations of the activities at the office building/performing arts theater complex must be reviewed and approved by the Planning Commission prior to its implementation. The restrictions on the use of the theater shall be subject to review and revision as part of the regular review of the Parking Management Plan prepared ti>r the project (see below). The project shall be subject to a Parking Management Plan. The Plan shall address, among other items, the following potential parking issues: The uses allowed in the performing arts theater and the time frames the facility may be utilized (especially addressing use of the facility during standard workweek hours). The steps to be taken to assure that the lower parking lot will be primarily utilized as employee parking. The range of restrictions imposed on the project to assure that initial and subsequent tenant occupancies in the office building are not businesses known to have a high employee to square foot ratio. Standards for the use of the tandem parking spaces developed in the lower parking area. The agreement shall be prepared by the developer and shall be submitted for review by the City Attorney and the Chief of Planning and shall be subject to PAGE 5 OF RESOLUTION NO. 2000-26 B, review and approval by the Planning Commission, with said approval being required prior to the issuance of the final building permit for tenant occupancy in the office portion of the project or the initial tenant occupancy in the office portion of the project, whichever occurs first. The approved agreement shall be recorded so as to appear on the subject property's title and shall be made an integral part of all tenant leases for the office building. The Parking Management Plan shall be subject to review and revision by the Chief of Planning on the first year and second year anniversaries of the initial office tenant occupancy in the office portion of the project, with subsequent reviews occurring on the even-year anniversaries (i.e., the fourth anniversary, the sixth anniversary, etc.). The Chief of Planning shall have the authority to refer the revie~v and revision process to the Planning Commission for consideration and action. Within thirty days of the effbctive date of this permit, the developer shall reimburse the Town for notifying surrounding neighboring residents of the public hearings. The fee shall be $270.00 (two mailings X 138 notices X $0.75 per notice). The parking demand of the office portion of the project shall be reduced the equivalent of four parking space for that period of time that the project operates with less than 173 on-site parking spaces. One manner to reduce the parking demand is to create a common shared office conference room (900 feet minimum size to be permanently equipped with a conference table sized to match the room) within the office portion of the project. SITE PLANNiNG A Revised Final Site Lighting Plan and Building Lighting Plan, detailing lighting intensity as described in candlelight or wattage, shall be reviewed and approved by the Design Review Board (DRB) prior to the approval of the Revised Site Improvement Plans. LANDSCAPiNG A Revised Final Landscape and Irrigation Plan (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division and DRB. The plan shall be substantially consistent with the Modified Landscape Plan For Parking Layout dated received by the Planning Division on August 15, 2000, modified to reflect the design changes for the lower parking lot detailed on Staff Studies A, B and C, dated September 5, 2000. PAGE 6 OF RESOLUTION NO. 2000-26 The three existing Valley Oak trees located at the northeastern corner of the site shall be preserved. A cantilevered wall shall be utilized for the parking area established in close proximity to the oak trees. The base of the cantilevered wall shall be a minimum of 24 feet from the property's northem property line. The northern outside edge of the cantilevered parking deck shall be a minimum of 14 feet from the property's northern property line. The recommendations outlined by Arbor Care in their letter August 23, 1999 for the three oak trees shall be implemented as part of the project landscape improvements. Because the site construction activity will occur in direct vicinity of the on-site protected Valley oak trees, a security deposit in the amount of $5,000.00 per tree shall be posted with the Town to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. The applicant shall enter into an agreement with the Town pertaining to the allowable use of the security deposit as regards steps taken to assure the long-term health of the trees. Drainage plans shall be designed so that the trunk areas of the three Oaks are properly drained to avoid ponding. An aeration system, designed by a qualified arborist, shall be installed at the Oaks' root zone area. The arborist shall review the Oak trees after completion of all project landscaping and implementation of these recommendations and the recommendations discussed in Condition of Approval C.2. above to determine what further mitigation measures, if any, need to be implemented to mitigate construction impacts to the trees. The security deposit posted with the Town for the preservation of the trees may be utilized as a funding source for any further mitigation measures that are deemed necessary. ARCHITECTURE Revised drawings for the trash enclosure shall be prepared and are subject to review and approval by the Planning Division. The trash enclosures shall have the same ledgestone treatment to match the building. Enclosure design shall include six-foot high masonry walls on three sides with steel-framed gates and wood bolted to the gates. Gates shall be self-closing and self-latching. Prior to commencing construction of the trash enclosure, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash enclosure shall be covered and bermed so as not to allo~v 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. PAGE 7 OF RESOLUTION NO. 2000-26 PARKING Where authorized, compact car spaces shall be clearly designated ~vith appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 17 feet in size (depth measurement inclusive of an allowable two-foot overhang). Regulatory signage/curb painting shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. The developer shall diligently pursue the necessary approvals to implement Revised Parking Layout - "Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000. The developer shall diligently_pursue a land lease agreement with Caltrans for up to 3,500+/- square feet of adjoining right-of-way and ultimately, if determined acceptable by Caltrans, shall purchase the land in question from Caltrans. The Revised Project Improvement Plans shall reflect Revised Parking Layout - "Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000 and shall be accompanied by site studies to document the feasibility of conversion to both Staff Study - Parking Stall Plma B and Plan C dated September 5, 2000. To assure that all reasonable efforts are made to secure Caltrans authorization to implement either Staff Study - Parking Stall Plan B or C dated September 5, 2000, the developer's contract with William R. Grey and Company shall be modified to allow the consultant to work directly for the Town of Danville (with the funding for the consultant's effort to continue to come from the Developer). The Planning Commission shall be advised if a determination is made that neither Staff Study - Parking Stall Plan B or C dated September 5, 2000 can be implemented due to some unforeseen design consideration, due to Caltrans'_ inability / unwillingness to lease or sell the land in question to the developer, and/or if implementation of the preferred parking layout is deemed to be economically infeasible. Either the Town or the developer may initiate consideration of this matter by the Planning Commission, asking the Commission to make a determination if the attempts to secure Caltrans' approvals should be abandoned. The developer is obligated by prior agreement with the Town of Danville to install a new off-site curb/wheel stop at the outside edge (south side) of the Town's upper parking area (and to backfill the area behind the new curb in preparation for installation of replacement landscaping. That work shall be done in conjunctions with the modification to the curbing/landscape improvements on the project' s upper parking lot. PAGE 8 OF RESOLUTION NO. 2000-26 The developer shall submit an engineer's estimate of the cost that will be incurred to purchase the small section of adjoining Caltrans right of way and to convert the initial parking lot to accommodate a parking lot expansion reflective of the layout shown in Staff Study ~ Parking Stall Plan C dated September 5, 2000. The developer shall post a cash performance guarantee in a form that is acceptable to the Town that covers 125% of the engineer's estimate of the costs. If the developer is ultimately unable to secure the necessary approvals from Caltrans to expand the parking lot, the developer is required to prepare a proposed parking mitigation plan for consideration by the Planning Commission at a scheduled public hearing. At the Commission's discretion, the parking mitigation may be in the form of a financial contribution to area parking equivalent to 100% of the engineer's estimate of the costs for the parking lot expansion. F. STREETS Damage to La Gonda Way done during the project construction shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall, at a minimum, include an overlay of the property's La Gonda Way frontage. The queuing area at the Exit-Only driveway shall be substantially as depicted on the Revised Parking Layout - "Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000. This requirement shall be shown on the Revised Project Improvement Plans. APPROVED by the Danville Planning Commission at a regular meeting on September 12, 2000, by the following vote: AYES: Rapp, Jameson and Osborn NOES: Moran ABSTAINED: None ABSENT: Hunt and Graham APPROVED AS TO FORM: Chairman Chief of ~~g PAGE 9 OF RESOLUTION NO. 2000-26