HomeMy WebLinkAbout2001-34RESOLUTION NO. 2001-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THAT THE HERITAGE RESOURCE
COMMISSION APPROVE DEVELOPMENT PLAN REQUEST DP
2001-24 AND VARIANCE REQUEST VAR 2001-34 ALLOWING
THE DEVELOPMENT OF A 5,672 +/- SQUARE FOOT
TWO-STORY COMMERCIAL OFFICE
BUILDING AT 169 FRONT STREET
(APN: 208-022-023 - 169 FRONT STREET LLC)
WHEREAS, 169 FRONT STREET LLC (Owners) and BARRY AND VOLKMANN
ARCHITECTS (Applicants) have requested approval of aDevelopment Plan request DP 2001-24
to allow the construction ora 5,672 +/- square foot commercial office building at 169 Front Street
on a 8,850 +/- square foot site; and
WHEREAS, a Variance (VAR 2001-34) is also requested to allow the provision of zero on-site
parking spaces (19 spaces required), to allow a total floor area ratio for the site of 80 percent (a
maximum 65 percent floor area ratio is allowed), and to encroach 15 feet into the required 20 foot
minimum rear yard setback, resulting in a five foot setback; 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 require approval of a
Development Plan and Variance request prior to the construction of a new commercial office
building as proposed; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
October 23, 2001; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA); 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 recommend that the Town Council not waive parking in lieu fees
associated with the provision of off-site parking as part of the recommended heritage resource
incentive package and that a portion of any fees collected be used to help develop a
comprehensive parking management plan for the area; now therefore, be it further
RESOLVED that the Planning Commission of the Town of Danville recommends that the
Heritage Resoume Commission approve Development Plan request DP 2001-24 and Variance
request VAR 2001-34 per the conditions contained herein, and makes the following findings in
support of this action:
Development Plan:
The applicant intends to obtain permits for construction within 18 months from the
effective date of plan approval.
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 substantially 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 in consistent with The Town's Historic Preservation Ordinance 32-72
and the Town's Design Guidelines for Heritage Resources.
Certificate of Approval
The proposed alteration should not adversely affect the historically significant exterior
architectural features of the Designated Heritage Resource or the special character, interest or
value of its neighboring improvements and surroundings, including facade, setback, roof
shapes, scale, height and relationship of material, color and texture.
The reviewing body shall rely upon the most current version of the Secretary of the Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the
State Historic Buildiag Code and the Town of Danville's Design Guidelines for Heritage
Resources.
2
Variance
This variance does not constitute a grant of special phvilege inconsistent with the
limitations on other properties in the area and the Downtown Business District 3: Old
Town Mixed Use District 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:
Relative to the proposed variances pertaining to standards for floor area ratio, on-site
parking, and rearyard setback, the development is consistent with the limitations of
adjacent properties to the north and west as the subject development is located within
Downtown Business District 3 but is directly adjacent to Downtown Business District 1
and visually and functionally orients toward those adjacent District 1 properties.
Downtown Business District 1 incorporates development standards allowing development
consistent with the development of the subject site.
On-Site Parking
Due to the existence of a Designated Heritage Resource on the site (the Vecki House),
and the required preservation of this resource, the area available for parking for the new
building is limited.
Reaward Setback
Due to the existence of a Designated Heritage Resource on the site (the Vecki House),
and the required preservation of this resource, the area available for construction Of the
new building within the required rearyard setback is limited.
Floor Area Ratio
The required preservation of a Designated Heritage Resource on the site (the Vecki
House), results in the retention of existing, less economically viable, floor space on the
site. Without, the retention of the Vecki House on the site, the floor area ratio of the new
development is approximately 64 percent, below the required floor area ratio for the
zoning district.
This variance is in substantial conformance with the intent and purpose of the Downtown
PAGE 3 OF RESOLUTION NO. 2001-34
Business District 3; Old Town Mixed Use District in which the subject property is located
since the variance allows for the reasonable development of a commercial office
development.
PAGE 4 OF RESOLUTION NO. 2001-34
DP 2001-24 169 Front Street
Vecki House Rear Building
CONDITIONS OF APPROVAL
Conditions of approval with 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
ora 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 2001-24) and Variance
request (VAR 2001-34) allowing the construction of a new two-sto~y retail/office
building. A Variance (VAR 2001-34) is approved allowing zero on-site parking
spaces (19 spaces are required), a total floor area ratio for the site of 80 percent (a
maximum 65 percent floor area ratio is allowed), and a 15 foot maximum
encroachment into the required 20 foot minimum rear yard setback, resulting in a
minimum five foot setback. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions contained
herein;
Cover Sheet, Site Plan, Floor Plan, Exterior Elevations and Sections
labeled "169 Front Street LLC," as prepared by Barry and Volkmann
Architectural Productions, consisting of six sheets, dated received by the
Planning Division on October 16, 2001.
Landscape Plan labeled "Preliminary II Landscape Plan," as prepared by
HWA Landscape Architecture Site Planning, dated received by the
Planning Division on October 16, 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 and prior to any Town Council final approval action. Notice should be
taken specifically of the Town's Transportation Improvement Program (TIP)
($24,696.00), Child Care Facilities fees ($1,372.00), Flood Control & Water
Conservation District fees ($2,700.00), Excavation and Mitigation fee ($274.00),
Storm Water Pollution Program Fee ($308.00), SCC Regional fee ($7,847.84),
Tri-Valley Transportation fee(S6, 091.00), Plan Checking, and Inspection Fees.
PAGE 5 OF RESOLUTION NO. 2001-34
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 $186.00 ( 125 notices X $0.75 per notice X two
notifications).
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 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
Exemption 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. (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
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
PAGE 6 OF RESOLUTION NO. 2001-34
stationary noise-generating equipment as far away from existing residences as
feasible.
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-sim construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as workdays. Dust-
producing activities shall be discontinued during high wind periods.
11.
As part of the initial submittal for the building permit review process, 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
ofcompliance with that condition. The applicant must sign the report. Thereport
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.
12.
Planning Division sign-off is required prior to final building inspection sign-offby
the Building Division.
13.
Approval of this project is dependant on the Town Council's approval of the
Heritage Resource Incentive Package requested by the applicant for the property.
Should elements of the incentive package that significantly impact the design of
the project, such as, but not limited to, provision of on-site parking, development
floor area ratio, and the rearyard setback, be altered by the Town Council, the
Development Plan is subject to re-review and action by the Heritage Resource
Commission.
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.
PAGE 7 OF RESOLUTION NO. 2001-34
C. LANDSCAPING
* 1.
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.
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. A minimum of 25% of
the true shrubs planted in the project (i.e., not including Lily of the Nile, Tawny
Day Lily and equivalent) shall be 10 or 15-gallon container size shrubs.
* 4.
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.
D. ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical equipment whether
on the structure or on the ground shall be effectively screened from view with
landscaping or materials architecturally compatible with the main structures.
All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six-foot
high masonry walls on three sides with steel framed gates and wood 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 shall be covered and bermed so as
not to allow storm water run-offand run-on from adjacent areas. The area drains
for the trash and recycling area shall be connected to the sanitary sewer, not the
storm drain system.
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
PAGE 8 OF RESOLUTION NO. 2001-34
Samples of final materials and the proposed color palette shall be submitted for
review and approval by the Historic Design Review Committee prior to the
issuance of a building permit for the project.
Final architectural elevations, details and revisions shall be submitted for review
and approval by the Historic Design Review Committee prior to issuance of a
building permit for the project. Six full sized sets of construction drawingsforthe
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.
The size of the building shall be reduced to result in a maximum floor area ratio of
80 percent for the site (a reduction in size of 514+/- square feet). The building
may be reduced in size by: removing approximately 4.5 feet from the no~th/south
axis of the building (first and second floors) and pulling building forward,
resulting in a 9.5 +/- rearyard setback; reducing the depth of the front portion of
the building which projects toward Front Street by approximately 10.5 feet (first
and second floors); remove the from portion of the second story of the building;
or, another alternative found appropriate by the Town. The final design of the
building shall be subject to review and approval by the Historic Design Review
Board prior to issuance of a building permit for the project.
E. PARK1NG
Prior to the issuance of a building permit for the project, a Parking Management
Plan agreement for the project shall be developed by the owner, in consultation
with interested surrounding property owners, and is subject to review and approval
by the Town. The Parking Management Plan shall address the range of
restrictions imposed on the property to assure that initial and subsequent tenants
are not businesses with high employee-to-square foot ratios. Each tenant shall be
provided an executed copy of the Parking Management Plan with each rental
agreement and the lessee shall indicate their awareness and acceptance of the
requirements of the Plan. The Plan shall include, at a minimum, the following
provisions: 1) shall provide and maintain directional signage indicating where the
nearest public parking lot is located and indicate that the adjacent private parking
lots are off-limits; 2) a system to monitor ongoing compliance with the Plan
(providing a mechanism to allow changes to the Plan as may be deemed necessary
over time with such changes to be submitted to the Chief of Planning for review
PAGE 9 OF RESOLUTION NO. 2001-34
and approval); 3) commitment by the property owner to provide commute
alternative information to all tenants prior to occupancy; and 4) a commitment by
the property owner that all necessary efforts will be made to enforce the Plan; 5)
commitment that all tenant employees shall obtain municipal parking permits and
park off site in appropriate public parking areas.
Use of the Phase II building shall be limited to office, or other uses listed under
Downtown Business District 3 which have a lower parking demand than office.
Uses with a higher parking demand than office use, is not allowed under this
permit. A request for establishment ora use with a higher parking demand than
office use shall be subject to review and approval by the Town under a subsequent
Land Use Permit application. Any use which increases the parking demand for
the site shall be subject to the provision of additional off-site parking spaces, and
the payment of off-site parking fees.
The applicant shall be required to purchase 20 off-site parking spaces within a
Town municipal parking lot. Fees associated with the purchase of off-site parking
spaces are subject to waiver by the Town Council.
GRADING
Any grading on adjacent properties will require prior written approval of those
property owners affected.
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.
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
PAGE 10 OF RESOLUTION NO. 2001-34
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 modem 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 and
local regulations. If deemed appropriate by the Health Department, the applicant
shall make provisions for immediate containment of the materials. Runofffrom
any contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
All grading activity shall address National Pollutant Discharge Elimination system
(NPDES) concerns. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination shall be addressed
through the Erosion control Plan (ECP) and Storm Water Pollution prevention
Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and
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.
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.
PAGE 11 OF RESOLUTION NO. 2001-34
All mud or dirt carried offthe 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 right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance with
approved standards and/or plans and shall comply with the standard plans and
specifications of the Development Services Department and Chapters XII and
XXXI of the Town Code. At the time project improvement plans are submitted,
the applicant shall supply to the City Engineer an up-to-date title report for the
subject property.
* 6.
Handicapped ramps shall be provided and located as required by the City
Engineer.
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 water system
in accordance with the requirements of District.
* 2.
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.
* 3.
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.
* 4.
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
PAGE 12 OF RESOLUTION NO. 2001-34
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 runofffrom public streets shall be
installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the easement
shall be equal to or at least double the depth of the storm drain.
The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of off-site
tempormy 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.
* 11.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
I. MISCELLANEOUS
* 1.
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.
As a part of the issuance of a 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 Plarming
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 13 OF RESOLUTION NO. 2001-34
* 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. 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 October 23, 2001,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Graham, Jamison, Legg, Osborn
Moran, Storer
APPROVED AS TO FORM:
City Attorney
PAGE 14 OF RESOLUTION NO. 2001-34