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HomeMy WebLinkAbout2001-25RESOLUTION NO. 2001-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 2001-04 TO DEMOLISH AN EXISTING 5,200 +/-SQUARE FOOT ONE STORY BUILDING AND ACCCESSORY STRUCTURES AND CONSTRUCT A NEW 29, 025+/- SQUARE FOOT TWO-STORY OFFICE BUILDING (APN: 218-040-042) WHEREAS, Banducci and Associates (APPLICANT) and Fostoria LLC (OWNER), has requested approval of Development Pla~ request DP 2001-04 to allow the construction of a 29,025 +/- square foot office building on a 1.92 +/- acre site; and WHEREAS, the subject site is located on the northeast corner of Fostoria Way and the Iron Horse Trail and is further identified as Assessor's Parcel Number 218-040-042; and WHEREAS, the Town of Danville L-1; Light Industrial District ordinmme requires approval of a Development Plan application prior to construction of a new office building; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant negative environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 24, 2001; m~d 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 2001-04 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 2010 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 will be an attractive and efficient development, which will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. CONDITIONS OF APPROVAL Conditions of approval xvith an asterisk ("*") 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 request (DP 2001-04) allowing the construction ora two-story 29,025 +/- square foot commercial building on a 1.92 +/- acre parcel, identified as 3420 Fostoria Way. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site, Roof & Context Plan, Floor Plans, Elevations Drawings, Details, Preliminary Planting Plan, Tree Inventory, Topography Survey, Preliminary Grading & Drainage Plans labeled "3420 Fostoria Way," as prepared by Banducci Associates Architects, Inc., consisting of 12 sheets, dated received by the Planning Division on March 20, 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 PAGE 2 OF RESOLUTION NO. 2001-25 said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (TIP) fee ($107,212.50), Child Care Facilities fees ($5,956.25), Flood Control & Water Conservation District fees ($6,248.00), SCC Regional fee ($34,069.75), SCC Sub-Regional fee ($96,51800 ), Tri-Valley Transportation fee ($26,445.75), Iron Horse Trail fee ($5,344.00), and Plan Checking and Inspection Fees. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $465.00 (310 notices X $075 per notice X two notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The 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 (project has been found to be "de Minimus," indicating that there is no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends). This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of project approval. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within I00 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. (Monday through Friday), 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 PAGE 3 OF RESOLUTION NO, 2001-25 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. 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 he supplied on weekends and holidays as well as workdays. Dust- producing activities shall be discontinued during high wind periods~ If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 12. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit awritten 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 applicant must sign the report. 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. PAGE 4 OF RESOLUTION NO. 2001-25 13. Planning Division sign-off is required prior to final building inspection sign-offby the Building Division. The applicant shall comply with all of the recommendations contained within the Phase II Environmental Site Assessment for the project site, as prepared by The Twining Laboratories, Inc., dated October 12, 2000. 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 ofa 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 obtalne& C. LANDSCAPING * 3. 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 designed to avoid runoff and overspray Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. 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. PAGE 5 OF RESOLUTION NO. 2001-25 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 final landscape plans for the project shall include plantings to substantially screen the transformer located near the northwest corner of the site. The final landscape plan shall be subject to review and approval by the Design Review Board prior to issuance of Building Permits for the project. 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. 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 bolted to the gates. Gates 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 front 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 the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board 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 Design Review Board prior to issuance of building permits for the project. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. PAGE 6 OF RESOLUTION NO. 2001-25 If determined necessary by the Town to reduce reflectivity, the applicant shall be required to paint the metal roofs with a flatter tone of paint, subject to review and approval by the Design Review Board. Prior to completion of the building, the applicant shall provide mock-up paint color samples on the building for final review and approval by the Town's Design Review Board E. PARKING 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. GRADING Any grading on adjacent properties will require prior written approval of those property owners affecte& At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions PAGE 7 OF RESOLUTION NO. 2001-25 Where soils or geologic conditions encountered in grading operations,are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 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). 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. Ali 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. 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 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 mid local regulations. If deemed appropriate by the Health Department, the applicant shaI1 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. 10. 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 shaI1 be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and PAGE 8 OF RESOLUTION NO, 2001-25 project improvement plans. These documents shall also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer~ The pad elevation for the building shall be as low as possible while providing positive drainage from the site. 12. The applicant shall develop a site safety plan which established procedures to be followed in the case that hazardous materials are discovered during construction of the project. The plan shall be submitted for review and approval by the Planning Division prior to issuance of Building Permits for the project~ The plan shall be kept on site with the on-site project manger during construction at all times. 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 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. 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. PAGE 9 OF RESOLUTION NO. 2001-25 Handicapped ramps shall be provided and located as required by the City Engineer. Prior to occupancy of the building, the applicant shall install additional crossing warning signs at the crossing and signing and advanced pavement markings (Trail Crossing) at the Iron Horse Trail crossing at Fostoria Way, as determined appropriate by the City Engineer. The applicant shall be required to improve Fostoria Way along the frontage of this parcel, from the center line to the subject parcel front property line, to meet public street design standards, subject to review and approval 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 water system in accordance with the requirements of 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 and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems 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, 2001-25 If a storm drain must cross a lot, or he in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applic~mt shall furnish proof to the City Engineer of the acquisition of all necessmy rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. * 9. 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. * 10. All new utilities required to serve the development shall be installed underground * i1. All 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 approval through the Development Plan review process. * 2. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster~ 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 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, PAGE 11 OF RESOLUTION NO. 2001-25 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 under five acres~ APPROVED by the Danville Planning Commission at a regular meeting on July 24, 2001, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Jameson, Legg, Storer, Osborn Ch~tirman APPROVED AS TO FORM: City Attorney Chmf of Pia}~. in~ PAGE 12 OF RESOLUTION NO. 2001-25