Loading...
HomeMy WebLinkAbout2001-41RESOLUTION NO. 2001-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE HERITAGE RESOURCE COMMISSION APPROVE DEVELOPMENT PLAN REQUEST DP 2001-38 ALLOWING THE DEVELOPMENT OF A 2,855 +/~ SQUARE FOOT TWO-STORY ADDITION TO AN EXISTING BUILDING AT 551 HARTZ AVENUE (APN: 208-025-003 - SCOTT/HUNT) WHEREAS, MARK AND KIM SCOTt AND RAY AND KARLYN HUNT (Owners) and WILLIAM WOOD ARCHITECTS (Applicants) have requested approval of a Development Plan request DP 2001-38 to allow the construction of a 2,855 +/- square foot addition to an existing building located at 551 Hartz Avenue; and WHEREAS, the subject site is further identified as Assessor's Parcel Number 208-025-003; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval ora Development Plan prior to the construction of an addition to an existing commercial building; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 27, 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 approve Development Plan request DP 2001-38 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 addition does 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 most current version of the Secretary of the Interior's "StandardsforRehabilitation and Guidelines for Rehabilitating Historic Buildings," the State Historic Building Code and the Town of Danville' s Design Guidelines for Heritage Resources have been used to evaluate the appropriateness of this project. PAGE 2 OF RESOLUTION NO. 2001-41 DP 2001-38 - 551 Hartz Avenue Cabral House Addition CONDI~ONSOFAPPROVAL 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 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 2001-38) allowing the construction of a two-story addition to the Cabral House, located at 551 Hartz Avenue. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Floor Plan, and Elevation Plans labeled "Development Plan, 551 Hartz Avenue," as prepared by William Wood Architects, consisting of two sheets, dated received by the Planning Division on November 19, 2001. Preliminary Landscape Plan labeled "551 Hartz Avenue," as prepared by Borrecco/Killian & Associates, Inc. Landscape Architects, dated received by the Planning Commission on November 19, 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), Child Care Facilities fees, Flood Control & Water Conservation District fees, Excavation and Mitigation fee ($274.00), Storm Water Pollution Program Fee, SCC Regional fee, Tri-Valley Transportation fee(S6, 091.00), 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 $ 232.5.00 ( 155 notices X $0.75 per notice X two notifications). PAGE 3 OF RESOLUTION NO. 2001-41 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 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. PAGE 4 OF RESOLUTION NO. 2001-41 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-offis required prior to final building inspection sign-offby the Building Division. 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 of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. The final project design, details, sign program and landscaping shall be consistent with the requirements of the Town's Design Guidelines for Heritage Resources. 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/t91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. PAGE 5 OF RESOLUTION NO. 2001-41 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cqver. All proposed ground cover shall be placed so that they fill in within two years. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. The 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. 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. The final project plans shall comply with the Town's Design Guidelines for Heritage Resources. The final architectural elevations, details and revisions, master sign program, lighting details, and landscape plans 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 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. The proposed flower box under the windows above the porch on the front elevation shall be eliminated from the plans. PAGE 6 OF RESOLUTION NO. 2001-41 E. PARKING 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, 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 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; and 5) commitment that all tenant employees shall obtain municipal parking permits and park off site in appropriate public parking areas. Use of the building on this site (including the addition and the existing Cabral House), shall be limited to office or a combination of uses listed under Downtown Business District 1 which have a parking demand lower to or equal to office. Uses with a combined higher parking demand than office use for the entire building are not allowed under this permit. A request for establishment of a use with a higher parking demand than office use shall be subject to review and approval by the Town under a subsequent revised Final Development Plan. 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 ten off-site parking spaces within a Town municipal parking lot (subject to fee waiver by the Town Council as part of the Heritage Resource Incentive Package). GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 7 OF RESOLUTION NO. 2001-41 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 ofthis 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 devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 8 OF RESOLUTION NO. 2001-41 * 9. 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. ANPDES construction permit may be required, as determined by the City Engineer. G. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction 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 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. 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. Handicapped ramps shall be provided and located as required by the City Engineer. 7. The applicant shall be responsible for the replacement of the existing driveway PAGE 9 OF RESOLUTION NO. 2001-41 curb cut along the Hartz Avenue frontage of the site with new curb, gutter, sidewalk and streetscape beautification improvements per Town standards. 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. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. The courtyard area shall include a decorative porous pavement material or a grassy swale drainage system along the north property line to encourage infiltration of stormwater runoff before it enters a public drainage facility. No concentrated drainage shall be allowed that cause surface flow across sidewalks. 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. 6. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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. 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 PAGE 10 OF RESOLUTION NO. 2001-41 of green waste generated from land clearing on the site. Prior to obtaining foundation 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. * 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 November 27, 2001, by the following vote: AYES: Combs, Condie, Graham, Legg, Moran, Storer, Osborn NOES: ABSTAINED: ABSENT: Jameson APPROVED AS TO FORM: City Attorney / fofg~ PAGE 11 OF RESOLUTION NO. 2001-41