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HomeMy WebLinkAbout2001-45RESOLUTION NO. 2001~45 DEVELOPMENT PLAN REQUEST DP 2000-27 AND MINOR SUBDIVISION REQUEST MS 856-2000 ALLOWING THE CONSTRUCTION OF A 14,000+/- SQUARE FOOT COMMERCIAL/OFFICE BUILDING AND TO SUBDIVIDE THE PARCEL INTO TWO COMMERCIAL PARCELS (APN: 216-080-009 - BANK OF AMERICA) WHEREAS, MONTAIR ASSOCIATES (Applicant) and BANK OF AMERICA (Owner) has requested approval ora Development Plan request (DP 2000-27) and Minor Subdivision request (MS 856-2000) to allow the construction ora 14,000 +/- square foot commercial/office building and to subdivide the 1.75 +/- acre parcel into two commercial/office parcels; and WHEREAS, the subject site is located at 620 San Ramon Valley Blvd. and is further identified as Assessor's Parcel Number 216-080-009; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval of a Development Plan application prior to the construction of a new commercial office building; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision application prior to recordation of the parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public heating on January 8, 2002; and WHEREAS, a Mitigated Negative Declaration of Environmental 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 approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the heating; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DP 2000-27 and Minor Subdivision request MS 856-2000 per the conditions contained herein, and makes the following findings in support of this action: Downtown Development Plan The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. The proposed development is consistent with the Danville 2010 General Plan and the Downtown Master Plan. The proposed development is appropriate at the proposed location and will provide commercial/office facilities which will result in a benefit to the community. 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 proposal will not be detrimental to the health, safety, and general welfare of the Town. Minor Subdivision The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the new parcel. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. PAGE 2 OF RESOLUTION NO. 2001-45 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 Town Council approval of the parcel map or 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 2000-27) and Minor Subdivision request (MS 856-2000) involving the 1.75 +/- acre Bank of America site, located at 620 San Ramon Valley Boulevard. Development shall be substantially as shown on the project drawings as follows: Site Plan, Floor Plans, Roof Plan, Elevations, and details labeled "Proposed New Office/Retail Building at San Ramon Valley Blvd., Danville CA," as prepared by Architectural Network Inc., consisting of 12 sheets, dated received by the Planning Division on December 6, 2001. Minor Subdivision Tentative Parcel Map labeled MS 856-2000, as prepared by Ruggeri, Jensen, Azar & Associates, dated received by the Planning Division December 6, 2001. * 2. 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 fee (TIP) ($62,338.50), Child Care Facilities fee ($3,436.25), Storm Water Pollution fee ($285.00), SCC Regional Transportation fee ($14,298.43), Tri-Valley Transportation fee ($14,130.06), San Ramon Valley Median fee ($29, 640.13), and plan checking and inspection fees. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $207.00 (138 notices X $0.75 per notice X two notifications). * 4. Prior to the issuance of grading or building permits, the applicant shall submit PAGE 3 OF RESOLUTION NO. 2001-45 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 SRVFPD's initial comments on this project are dated September 28, 2000. The applicant shall submit to the Town of Danville fees required to file a Notice 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 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. 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. PAGE 4 OF RESOLUTION NO. 2001-45 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-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 workdays. Dust- producing activities shall be discontinued during high wind periods. tl. 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 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 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. 12. Planning Division approval is required prior to final occupancy being authorized by the Building Division. 13. Uses with the new building on Lot 1 shall be limited to office or retail uses. 14. Restaurant and residential uses on this site, for both Lots 1 and 2, are expressly prohibited. 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 landscape medians within the parking lot shall be modified by rounding the ends rather than the pointed ends as currently shown on the project plans. The medians shall also be reduced in length by two feet, and the tips of the medians shall be concrete, rather than landscaping, subject to review and approval by the Planning Division prior to issuance of a building permit. PAGE 5 OF RESOLUTION NO. 2001-45 The east/west drive aisles (adjacent to the center parking rows) for the north and center drive aisles from San Ramon Valley Boulevard shall be modified from 24' wide to 25' wide and 28' wide to 25' wide respective. The resulting 2'-4' of additional space shall be incorporated into the landscape/hardscape along the north side of the new building. The walkways within the drive aisles shall be made of brick pavers, subject to review and approval by the Planning Division. If found to be consistent with the Town's Downtown Beautification Plan, the applicant shall be required to install one Town-standard tile art trash enclosure along the San Ramon Valley Boulevard frontage of this site. The 2 +/- foot tall retaining wall to be constructed along the east property line shall be of masonry block construction, subject to review and approval by the Planning Division. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division and the Design Review Board. 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 designedto avoid runoffand overspray. Proposed lawn areas within the project shall not exceed a maximum of 25 percent of the 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. 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 cover. All proposed ground cover shall be placed so that they fill in within two years. PAGE 6 OF RESOLUTION NO. 2001-45 The 12 inch diameter Oak tree located near the southeast coruer of the site shall be preserved. All recommended mitigation measures contained within the tree report for this project related to the preservation of this tree shall be carded out by the applicant. If grading or any work occurs within the dripline of this tree, the applicant shall be required to post a tree preservation security deposit consistent with the requirements of the Town's Tree Preservation Ordinance. The applicant shall be required to construct a new five foot high fence (as viewed from the west) along the entire east property line of both lots. The fence, in combination with the retaining wall, shall maintain a minimum height of seven feet as viewed from the east side of the fence. The fence and retaining wall shall be located approximately six inches inside the subject site's eastern property boundary. The long term maintenance responsibility of the fence/retaining wall structure shall be with the owners of Lots 1 and 2 of this subdivision. The fence shall be of a solid wood design including minimum 6" x 6" posts, 2" x 6" fence boards, 2" x 6" top and bottom rails, and a 2" x 8" kickboard. The fence posts, kickboards, and horizontal members of the fence and retaining wall shall be pressure treated Douglas Fire, or an approved equivalent. If agreed to by all of the adjacent property owners, the applicant shall be responsible for constructing the new fence, removing the old fence, and connecting existing sideyard fences to the new fence. If all of the adjacent property owners do not agree, the applicant may build the new fence adjacent to the old fence and leave the existing fence in its current location. The applicant shall be required to show proof to the Town that diligent efforts have been made to gain approval by all adjacent property owners to allow the removal of the existing fence. The applicant shall be required to provide a minimum of 12 minimum sized 24 inch box specimen trees along the east property line of the site (to be planted across the east sides of both Lots 1 and 2). The type of tree, and exact placement, shall be determined with the mutual consent, as found reasonable by the Town, of the adjacent residential property owner. The exact placement of the trees shall be determined after the building is substantially completed and shall be placed to maximize privacy protection between the windows of the new building and the existing second story windows of the Walnut Forest residential units. All trees shall be planted prior to occupancy of the building. The applicant shall be responsible for planting street trees within Town-standard tree wells (including decomposed granite top dressing) within the sidewalk along PAGE 7 OF RESOLUTION NO. 2001-45 Do the frontage of the subject site. The tree shall be minimum 15 gallon Sycamore trees and shall be planted approximately 25 feet on center. A pedestrian gate, providing access from the common area parcel near the northwest coruer of the Walnut Forest neighborhood onto the subject site, shall be constructed as part of the required new fence along the site's east property line, subject to review and approval by the Planning Division. 10. The applicant shall prepare a certified arborist's report to evaluate the health of the 60 +/- inch Walnut tree located within a proposed parking stall behind the proposed new building near the site's east property line. If the tree is found to be in good health and is determined a good candidate for preservation, the parking lot design shall be modified to preserve this tree. If preserved, the arborist's report shall include recommended mitigation measures, such as trimming and soil treatment, to maximize the health of the tree. The applicant shall complete any recommended mitigation measures prior to occupancy of the building subject to the satisfaction of the Planning Division. 11. The applicant shall work with the Town to redesign the parking lot with the goal of minimizing the number of compact parking spaces to the extent feasible, subject to review and approval by the Town. 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. Trash and refuse from the new commercial building shall be contained within an enclosure 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 shall be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that the trash/recycling area is appropriately sized and located. The trash and recycling area shall be covered and bermed so as not to allow storm water run-off and 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. 2001-45 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. "Weathered Wood Celotex" is approved for the roof material, "Mountain Rose" brick with dark grout is approved, and the window trip color shall be Kelly Moore "Wild Planet" (green ac65). Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board (DRB) prior to issuahce of building permits for the project. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for DRB review concurrent or prior to the applicant initiating the Building Division plan check process. Color mock-ups shall be made available at the project site prior to scheduling the project for final Design Review Board review. A comprehensive master sign program shall be submitted to the Town for consideration under a separate application for review and approval by the Design Review Board prior to issuance of building permits for the project. Exterior parking lot lights shall be low bollard style lights in the area adjacent to the eastern fence. For other parking lot lights, the maximum height shall be twelve feet and the light source shall be directed downward and screened from direct view from surrounding property owners. 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. Concurrently with the recordation of the parcel map, the applicant shall record reciprocal access easements over all driveways and drive isles within existing and proposed parking lots for both Lot 1 and Lot 2. The parallel parking spaces along the north property line of the Bank of America property shall be designated as "Employee Parking Only." PAGE 9 OF RESOLUTION NO. 2001-45 GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 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 association of nearby residential project 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. 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 developme~nt shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. PAGE 10 OF RESOLUTION NO. 2001-45 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. * 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. A NPDES construction permit may be required, as determined by the City Engineer. G. STREETS * l. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction actix)ities 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. PAGE 11 OF RESOLUTION NO. 2001-45 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. A satisfactory shared private parking lot and shared private storm drain maintenance agreement between Lot I and Lot 2 shall be submitted for review and approval of the City Attorney prior to Town Council approval of the parcel map. The shared maintenance agreement shall include provisions for regular sweeping of the parking lots. If found necessary by the Town to prevent cars that are exiting the site from this location from blocking the parking drive isle, the applicant shall be required to install additional signage and/or pavement marking, to the Town's satisfaction, within the parking lot at the center drive isle. If it is found necessary by the Town to have south bound left turn movements into the site from San Ramon Valley Boulevard restricted (as a result of a Town finding that the left hand turn pocket is not deep enough to allow sufficient stacking of vehicles attempting this movement), the applicant shall be responsible for the installation of additional signage and/or pavement markings, and the possible construction of physical modifications to the street median on San Ramon Valley Boulevard. Alternatively, if found necessary by the Town in the future, the applicant shall be required to make modification to the left hand turn pocket, subject to review and approval by the Town. 10. The applicant shall be responsible for the construction of a new Town standard sidewalk along the site's San Ramon Valley Boulevard frontage. The sidewalk shall include Town standard tree wells approximately 25 feet on center. 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 12 OF RESOLUTION NO. 2001-45 10. 11. 12. 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. 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. Ifa 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 temporary or permanent road and drainage improvements. 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. 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. PAGE 13 OF RESOLUTION NO. 2001-45 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. * 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. * 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 January 8, 2002, by the following vote: AYES: Combs, Graham, Legg, Moran, Storer, Osborn NOES: Condie ABSTAINED: ABSENT: Jameson APPROVED AS TO FORM: City Attorney ~ Chairman PAGE 14 OF RESOLUTION NO. 2001-45