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HomeMy WebLinkAbout2002-05RESOLUTION NO. 2002-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVE DEVELOPMENT PLAN REQUEST DP 2001-37 ALLOWING THE CONSTRUCTION OF THE RENOVATION ON THE EXTERIOR OF AN EXISTING BUILDING AND SITE IMPROVEMENTS, INCLUDING PARKING, LANDSCAPING, AND FENCING AT 77 FRONT STREET (APN: 200-211-018 - SCHERER BUILDING) WHEREAS, Richard Scherer (Owner) and Steve Forster (Applicant) have requested approval of a Development Plan request DP 2001-37 to allow the renovation of an existing 1,500 +/- square building located at 77 Front Street; and WHEREAS, the subject site is further identified as Assessor's Parcel Number 200-211-018; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to the exterior modification of an existing commercial building or site improvements; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 22, 2002; 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 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 Development Plan request DP 2001-37 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, because the project includes the renovation of an existing building and the enhancement of physical site improvements. 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. 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 2001-37) allowing the renovation of the existing building, installation of new parking area, and the installation of new landscape improvements at 77 Front Street. 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 "Pelican Communications, 77 Front Street," as prepared by Forster & Associates Architects, consisting of three sheets, dated received by the Planning Division on January 11, 2002. Preliminary Landscape Plan labeled "77 Front Street," as prepared by Camp & Camp Associates, Planning and Landscape Architecture, dated received by the Planning Commission on January 11, 2002. PAGE 2 OF RESOLUTION NO. 2002-05 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. 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 $141.00 ( 141 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. 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 hours of 7:30 a.m to 5:30 p.m., unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Weekend construction work may be limited if complaints are received, as found to be appropriate by the Chief of Planning. 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 Chi&Building Official, around the site during construction of the project. PAGE 3 OF RESOLUTION NO. 2002-05 10. 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 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. 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 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~ 11. Planning Division sign-off is required prior to final building inspection sign-offby the Building Division. 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 of a building. LANDSCAPiNG 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. PAGE 4 OF RESOLUTION NO. 2002-05 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 391-14 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 tree 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. Up to two street trees may be affected by the site improvements. The applicant shall relocate or replace, along the property frontage, existing street trees and associated improvements around the trees (i.e. bricks, grates), which are affected by the construction improvements. ARCH/TECTURE 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. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. The trash enclosure is proposed to be located within the building along with storage. Gates will be self-closing and self- latching. Prior to issuance ora 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 as not to allow storm water mn-off and mn-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. This area inside the building shall not be used to store large amounts of items that may compromise adequate space for appropriate size trash bins and recyclable containers. PAGE 5 OF RESOLUTION NO. 2002-05 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. All development shall take place in compliance with the Town Erosion Control Ordinance(Ord. 91-25). Restrictions include limitingconstructionprimarilytothe 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. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 7. 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. 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 PAGE 6 OF RESOLUTION NO. 2002-05 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. 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. Handicapped ramps shall be provided and located as required 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. PAGE 7 OF RESOLUTION NO. 2002-05 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 permitted to 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. The applicant shall be required to enter into a deferred improvement agreement for this properties fair share contribution to the possible future undergrounding of power lines along the frontage of this property, as determined appropriate by the City Engineer. MISCELLANEOUS * 2. 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 foundation inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) PAGE 8 OF RESOLUTION NO. 2002-05 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, 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 January 22, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Combs, Condie, Jameson, Moran, Osborn, Storer, Graham Legg lrmlln Chief of~l~ PAGE 9 OF RESOLUTION NO. 2002-05