HomeMy WebLinkAbout2001-10PLANNING COMMISSION
RESOLUTION NO. 2001-10
DEVELOPMENT PLAN REQUEST DP 2001-05 TO ALLOW THE RELOCATION
OF THE EXISTING HOME AT 169 FRONT STREET (THE "VECKI" HOUSE)
FORWARD ON THE PARCEL TOWARD FRONT STREET
(APN: 208-022-023 - WILLIAMS)
WHEREAS, Kim Williams (OWNER) and Barry and Volkmann (APPLICANT) have requested
approval of Development Plan request DP 2001-05 to allow the relocation of the existing home
on the site (the "Vecki' house) forward on the parcel toward Front Street. The plan also calls for
the removal of the existing asphalt parking lot, the demolition of the existing front porch and
trellis, the demolition of an addition and wood deck which was previously added to the rear of the
structure, and the demolition of the existing carriage house and patio near the rear of the 8,000+/-
square foot site; and
WHEREAS, the subject site is located at 169 Front Street and is further identified as Assessor's
Parcel Number 208-022-023; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of
a Development Plan application prior to completion of the proposed site improvements; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 27, 2001; and
WHEREAS, A Mitigated Negative Declaration of envlronmental significance has been prepared for
this project indicating that, as modified through project revisions or recommended conditions of
approval, no significant environmental impacts are expected to be associated with this project; 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 request DP 2001-05 per the
conditions contained herein, and makes the following findings in support of this action:
1. The applicant intends to obtain permits for construction within 18 months from the
~ effective date of plan approval.
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.
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.
The proposal is consistent with The Town's Historic Preservation Ordinance 32-72 and
the Town's Draft Design Guidelines for Heritage Resources.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated
Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the issuance
of a demolition 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 Development Plan permit DP 2001-05 to allow the relocation
of the existing home at 169 Front Street (the "Vecki" house) forward on the parcel
toward Front Street. The plan also calls for the removal of the existing asphalt
parking lot, the demolition of the existing front porch and trellis, the demolition of
an addition and wood deck which was previously added to the rear of the
structure, and the demolition of the existing carriage house and patio near the rear
of the site. The site is located 169 Front Street, further identified as APN: 208-
022-023. Except as may be modified by these conditions of approval,
development shall be substantially as shown on the project drawings as follows:
Demolition and site plan labeled "Williams Building," as prepared by
Barry & Volkmann Architectural Productions, consisting of two sheets,
dated received by the Planning Division on March 5, 2001.
PAGE 2 OF RESOLUTION NO. 2001-10
D
* 7.
Building elevations labeled "Williams Building," as prepared by Barry &
Volkmann Architectural Productions, consisting of one sheet, dated
received by the Planning Division on March 22, 2001.
The applicant shall pay 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~ Waiver of fees may be considered as part of a future incentive
package for the property, which would require approval by the Town Council.
Prior to the issuance of a building per,nit, whichever occurs first, the applicant
shall reimburse the Town for notifying surrounding neighboring residents of the
public hearing. The fee shall be $94.50 (126 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) have been, or will be, met to the satisfaction of the
District.
The applicant shall submit to the Town of Danville fees required to file aNotice 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
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. 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.
PAGE 3 OF RESOLUTION NO. 2001-10
D
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.
A watering program which incorporates the use ora 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.
As part of the initial submittal for the demolition permit and/or building permit
review process (whichever occurs first), the applicant shall submit a written
Compliance Report detailing how the conditions of approval for this project have
been complied with. 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 is subject
to review and approval by the City Engineer and/or Chief of Planning and/or Chief
Building Official, and may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
11.
Planning Division sign-off is required prior to the completion ora Final Building
Inspection.
12.
The applicant shall be required to modify the design of the proposed on-site
parking spaces to provide one additional foot of back-up space (adding one foot to
the south side of the existing drive aisle). The applicant shall be required to
prepare and record a cross access easement, and shared parking easement, over the
portion of the drive aisle and the parking spaces on the subject property, in favor
of the adjoining Scott property (APN: 208-022-022). The shared parking
agreement shall allow the shared use of the parking lot by the future occupants of
the Vecki House only, not the the future occupants of Phase 2 of the development.
The applicant shall also be required to prepare and execute a shared maintenance
agreement between the subject property and the Scott property for the shared
parking lot. These documents shall be prepared and submitted to the Town for
review and approval prior to the issuance of a demolition or building permit for
the proposed project. In order to assess the appropriateness/need for this
easement, given possible future development on the subject parcel and in the area,
the Town shall not record the easement until after the approval of Phase 2 of the
development, prior to occupancy of the Vecki House, or until two years after the
effective date of this approval, whichever comes first. If Phase 2 is not approved
PAGE 4 OF RESOLUTION NO. 2001-10
prior to occupancy of the Vecki House or within two years, the easement shall
include language to make all or part of the area covered by the easement null and
void at the Town's discretion ifa future development on the parcel or in the area
which conflicts with the design of this project is approved.
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 ora 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 applicant shall be required to install the four parking stalls, including asphalt
paving and associated improvements as part of this approval. The parking stalls
shall he constructed prior to the Town's final inspection of the building permit for
the building relocation~ These parking stalls shall be subject to removal or
modification as found to be appropriate by the Town as part of any future
Development Plan approval on the site (see Condition A. 12 above).
C. LANDSCAPING
The applicant shall submit a preliminary landscape and irrigation plan for the area
in front of the relocated Vecki House. The landscape/irrigation plan shall cover
the area between the house and Front Street (as determined by the Planning
Division) which is not necessary for access to the rear of the site for future
construction traffic for Phase 2 of the development. The landscape/irrigation plan
shall be submitted to the Town within 30 days of the effective date of this
approval. The landscape/irrigation plan shall be subject to review and approval by
the Planning Division and the Heritage Resource Commission Design Review
Sub-Committee prior to the framing inspection for the building permit for the
building relocation. The landscaping and irrigation shall be installed prior to the
finaling of the building permit or occupancy of the structure.
PAGE 5 OF RESOLUTION NO. 2001-10
The subject lot shall be maintained to prevent overgrowth of weeds and the
accumulation of debris.
The existing bamboo plants between the site and the building to the south shall be
removed prior to the issuance of a building permit for the project.
D. HISTORIC PRESERVATION
The applicant shall submit a structural report~plan for review and approval by the
Planning Division prior to issuance of a building permit for moving or altering the
exterior of the historic building~ The report shall include provisions forpreservation
of the existing exterior materials, windows, doors, trim or other significant historic
architectural features that may be qffected by moving or altering the building. The
report shall detail specific recommendations for foundation design and shall be
subject to review and approval by the Town's Building and Engineering Divisions.
The owner shall take all precautionary measures to ensure that the building or its
elements will not be significantly damaged by the relocation efforts. The applicant
shall inform the Planning Division of the date and time of the building relocation. If
significant damage to the building occurs when the building is moved, the owner shall
immediately inform Town officials and develop a response/replacement plan for Town
review and approval. If it is found that exterior architectural elements or materials
are damaged beyond repair, the owner shall be responsible for replacing the
element/material with an historically accurate element/material.
The applicant shall prepare a building restoration plan for Planning Division
approval after the building is moved. The plan shall address how all structural and
seismic upgrades are to be implemented in the least invasive method to the exterior of
the building.
The applicant shall comply with the recommendations contained in the Town's
current version of the Design Guidelines for Heritage Resources (as of the date of
issuance of a building permit) for all aspects of the project.
Prior to issuance of a building permit for the project, the applicant shall submit to the
Town a full set of architectural elevations for the building that incorporate
reconstruction of the historic trim elements that have been taken off the building (as
identified by historic photos and the historical report prepared by Carey &
Company). The rear elevation, where the addition is planned to be demolished, shall
be reconstructed to include windows and doors reflecting what the original building
PAGE 6 OF RESOLUTION NO. 2001-10
elevation looked like. The elevations shall be subject to review and approval by the
Heritage Resource Commission Design Review Committee prior to issuance ora
building permit for the project.
6..,Ill new exterior materials shall match the original in appearance as closely as
possible.
Z The new foundation shall appear similar in design, elevation and materials to the
existing foundatiom
The existing functional and decorative features of the original windows and doors'
shall be preserved, as recommended by the Town's most current version of the Design
Guidelines for Heritage Resources'. No new windows and doors shall be added on the
character defining elevations.
The applicant shall be responsible for funding a third party review of the project
building permit plans and on-site oversight during the move by a professional
historical architect that is' acceptable to the Town and the applicant.
E. 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.
* 2.
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.
No signage is approved as part of this application. If signing for the building is
desired, a comprehensive sign program shall be submitted to the Town for
consideration under a separate application.
F. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of those
property owners affected.
* 2.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
* 3. If toxic or contaminated soil is encountered during construction, all construction
PAGE 7 OF RESOLUTION NO. 2001-10
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.
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.
Street signing shall be installed by the applicant as may be required by the City
Engineer. Traffic signs and parking restriction signs which may he 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.
Ail 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.
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water system
PAGE 8 OF RESOLUTION NO. 2001-10
in accordance with the requirements of the District.
All wastewater shall be disposed into an existing sewer system. Sewer disposal
service shall be from the Central Contra Costa Sanitary District sewer system in
accordance with the requirements of the District
Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer.
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 acceptable by the
City Engineer.
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 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.
All new utilities required to serve the development shall be installed underground.
* 8.
Ail street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
I. 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 and/or Heritage Resource Commission approval through the
Development Plan review processo
* 2.
As a part of the issuance of a demolition permit and/or building permit for the
project, the developer shall submit a recycling plan for building and construction
materials and the disposition of green waste generated from land clearing on the
site. Prior to obtaining framing inspection approval for the project, the
applicant/owner shall provide the Planning Division with written documentation
(e.g., receipts or records) indicating that waste materials created from the
demolition of existing buildings and the construction of new buildings were/are
being recycled according to their recycling plan, or in an equivalent manner.
PAGE 9 OF RESOLUTION NO. 2001-10
* 3.
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.
APPROVED by the Danville Planning Commission at a regular meeting on March 27, 2001, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Combs, Graham, Jameson, Legg, Moran, Storer, Osborn
~h~an
City Attorney
C~hie~f P! nnln
PAGE 10 OF RESOLUTION NO. 2001-10
