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HomeMy WebLinkAbout2002-31RESOLUTION NO. 2002-31 APPROVING DEVELOPMENT PLAN REQUEST DP 2002-18 AND VARIANCE REQUEST VAR 2002-45 ALLOWING AN 1,300 +/- SQUARE FOOT ADDITION TO AN EXISTING COMMERCIAL BULDING AND ALOWING A PORTION OF THE BUILDING TO ENCROACH 8.5 +/- FEET INTO THE REQUIRED 10 FOOT MINMUM SIDE YARD SETBACK (APN: 208-022-039 - 700 HARTZ WAY) WHEREAS, Frank Belceci (Owner) and William Wood Architects (Applicant) have requested approval of a Development Plan and Variance request to allow improvements to an existing building including enhancements to the exterior facade, landscaping, and parking lot improvements on a 7,770 +/- square foot site. Approximately 1,300 square feet of floor space would be added to the second floor; and WHEREAS, The Variance request would allow a portion of the building to encroach a maximum of 8.5 +/- feet into the required 10 foot sideyard setback; and WHEREAS, the subject site is located at 700 Hartz Avenue and is further identified as Assessor's Parcel Number 208-022-039; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval of a Development Plan and Variance application prior to the addition to an existing commercial building; and WHEREAS, the Plam~ing Commission did review the project at a noticed public hearing on November 26, 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 2002-18 and Variance request VAR 2002-45 per the conditions contained herein, and makes the following findings in support of these actions: 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 General Plan and the Downtown Master Plan. The development will be an attractive and efficient development that 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. Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and Downtown Business District 2; Old Town Retail Transition, 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: The parcel has public street frontages on three sides, resulting in street-side side yard setback requirements that do not apply to other parcels in the area. The side yard encroachment will allow for architectural improvements to the building, which will benefit the property and the Town. c. The encroachment is consistent with other building in the Downtown area. This variance is in substantial conformance with the intent and purpose of Downtown Business District 2; Old Town Retail Transition in which the subject property is located since the variance will allow for the improvement of an existing commercial building. PAGE 2 OF RESOLUTION NO. 2002-31 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 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 and Variance request to allow improvements to an existing building including enhancements to the exterior facade, landscaping, and parking lot improvements. Approximately 1,300 square feet of floor space is authorized to be added to the second floor. The Variance approval authorizes a portion of the building to encroach a maximum of 8.5 +/- feet into the required 10 foot street-side minimum side yard setback. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site plan, architectural elevations and details, floor plans, and landscape plan labeled "Commercial Remodel, 700 Hartz Avenue," as prepared by William Wood Architects, consisting of nine sheets, dated received by the Planning Division on November 20, 2002. 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. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program fee (CTIP) ($5,850.00), SCC Regional Fee ($1,911.00), Tri-Valley Transportation Fee ($1,482.00), 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 $ 253.50 (169 notices X $0.75 per notice X 2 notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley PAGE 3 OF RESOLUTION NO. 2002-31 Fire Protection District has 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 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. All physical improvements shall be in place prior to occupancy of the building. 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. PAGE 4 OF RESOL1JTION NO. 2002-31 10. Planning Division sign-off is required prior to final building inspection sign- off by 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. The applicant shall remove the existing bollards in the landscape area near the southwest corner of the parcel. If found to be possible, the newspaper racks in front of the building shall be removed or relocated to a more convenient location. Alternatively, if it is found that the racks cannot be removed or relocated, the applicant shall refurbish the existing news rack along the Hartz Avenue frontage (i.e., repaint and make vertical). 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. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. PAGE 5 OF RESOLUTION NO. 2002-31 All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. The applicant shall be required to plant three street trees along the site's Hartz Way frontage. The trees shall be Autumn Blaze Flowering Pears, and shall be planted approximately 25 feet apart. The trees shall be planted within standard tree planter boxes consistent with the Town's Downtown Beautification Plans for the area. The applicant shall be required to install a brick band within the sidewalk along the Hartz Way frontage to tie in to and be consistent with the existing brick band treatment along the site's Hartz Avenue and Front Street frontages. The design shall be as detailed within the Town's Downtown Beautification plans. The developer shall be responsible for maintenance of the street trees as part of this project for a period of one year after project completion. This includes hand watering during the initial growth establishment period. The landscape plan shall be m~)dified to include trumpet vines (or a similar vine subject to review and approval bY the Design Review Board) to grow up the lattice elements to help buffer the view of the stairwell on the west elevation. The applicant shall be required to install a Town standard tile trash enclosure along the project frontage if determined by the Town to be consistent with the Town's Downtown Beautification Plan. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six- foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to PAGE 6 OF RESOLUTION NO. 2002-31 issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on 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. 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 Design Review Board prior to the issuance of building permits for the project. Specifically, the applicant shall submit additional real brick alternative samples such as a monotone or mixed brick alternative rather than a used brick alternative. In addition, once the brick style is determined, the applicant shall submit additional exterior color samples for review and approval by the Design Review Board prior to issuance of building permits. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the'project. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. A Master Sign Program shall be developed for the building. The Master Sign Program shall be subject to review and approval by the Desigu Review Board prior to issuance of building permits for the project. All future tenants of this building Shall be given a copy of the Master Sign Program prior to lease signing. The property owner shall have the tenant sign a form indicating the tenants' acknowledgement of this document prior to signing a lease for a tenant space. Color mock-ups shall be painted on the building for review by the Design Review Board prior to painting the entire building. The gable roof element on the rear elevation shall be subject to further review by the Design Review Board prior to issuance of building permits for the project. The roof element shall be modified to have a hip design and to PAGE 7 OF RESOLUTION NO. 2002-31 delete the arched window unless another design element is determined to be appropriate by the Design Review Board. PARKING Ail 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 accormnodate 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. Parking requirements for this building is based on retail uses on the first floor and office use on the second floor. This results in a demand of 15 parking spaces. The development will provide 11 parking spaces on-site. As a result, the applicant shall be required to buy four parking spaces off-site within a Town municipal parking lot. The fee shall be $28,000. This fee shall be paid to the Town prior to issuance of building permits for the project. If the tenant mix in the future is proposed to be more intensive than what has been approved as part of this entitlement, generating a higher demand for parking, the developer/owner shall be required to obtain a Variance from the Planning Commission for additional off-site parking and purchase the off-site parking spaces at the Town municipal parking facilities, subject to fees applicable at that time. Outdoor storage or display of merchandise is not permitted unless approval of a Land Use Permit is secured from the Town of Danville. 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 PAGE 8 OF RESOLUTION NO. 2002-31 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; 4) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; and 5) commitment that an appropriate percentage of the tenant employees shall obtain municipal parking permits and park off site in appropriate public parking areas. GRADING At least one week prior to commencement of construction, the applicant shall post the site with a notice that construction work will be commencing. 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. 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. 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 9 OF RESOLUTION NO. 2002-31 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. 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. PAGE 10 OF RESOLUTION NO. 2002-31 Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 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. 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. 10. 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. PAGE 11 OF RESOLUTION NO. 2002-31 * 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. APPROVED by the Danville Planning Commission at a regular meeting on November 26, 2002, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Legg, Moran, Storer, Osborn Condie Combs, Jameson, Graham APPROVED AS TO FORM: City Attorney Chief o Pla~ng PAGE 12 OF RESOLUTION NO. 2002-31