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HomeMy WebLinkAbout2004-10RESOLUTION NO. 2004-10 APPROVING DEVELOPMENT PLAN REQUEST DP 2004-01 ALLOWING THE DEMOLITION OF AN EXISTING BUILDING AND THE CONSTRUCTION OF A TWO-STORY 3,375+/- SQUARE FOOT OFFICE BUILDING AND PARKING LOT (APN: 196-210-042 - OFFICE) WHEREAS, BANDUCCI ASSOCIATES ARCHITECTS (Applicant) and SASSE/SCHULTZ PARTNERS (Owners) have requested approval of a Development Plan application DP 2004-01 to allow the demolition of an existing building and the construction of a two-story 3,375+/- square foot office building and parking lot; and WHEREAS, the subject site is located at 208 W. E1Pintado Road and is further identified as Assessor's Parcel Number 196-210-042; 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 Planning Commission did review the project at a noticed public hearing on April 27, 2004; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15302, Class 2 (Replacement or Reconstruction); 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 2004-01 per the conditions contained herein, and makes the following findings in support of this action: Downtown Development Plan 1. The applicant intends to obtain permits for construction within 18 months from the o 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 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 because this property is an existing office development and in an area where development has previously occurred. 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 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 2004-01) located at 208 W. E1 Pintado Road. Development shall be substantially as shown on the project drawings as follows: Site Plan, Floor Plans, Roof Plan, Elevations, and details labeled "Creekside Office Building," as prepared by Banducci Associates Architects, dated received by the Planning Division on March 19, 2004. bo Preliminary Grading and Drainage Plan as prepared by Debolt Civil Engineering, consisting of two sheets, dated received by the Planning Division on March 19, 2004. c. Landscape Plans, as prepared by Huettl and Thuilot Associates, PAGE 2 OF RESOLUTION NO. 2004-10 consisting of four sheets, dated received by the Planning Division on March 19, 2004. The applicant shall pay any and all Town and other related fees to which the property may be subject. 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 Tri-Valley Transportation Fee ($4,969.00), Commercial TIP Fee ($ 10,705.50), Flood Control & Water Conservation District Excavation Mitigation Fee ($485.10), SCC Regional Fee ($2,882.07), San Ramon Valley Unified School District ($1,147.50), and Plan Checking and Inspection Fees. o 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 $72.00 (48 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 (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 January 21, 2004. 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 PAGE 3 OF RESOLUTION NO. 2004-10 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. o 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. o 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. 10. 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 Chief of Planning, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. * 11. Planning Division approval is required prior to final occupancy being authorized by 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 PAGE 4 OF RESOLUTION NO. 2004-10 building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. Proposed lawn areas within the project shall not exceed a maximum of 25 percent of the landscaped areas. o 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 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. The plant material on the north side of the parking lot retaining wall shall be served by temporary drip irrigation. Once the plants are established, the drip irrigation shall be removed. The applicant shall provide protective fencing at the drip line of the existing protected Oak trees, prior to the issuance of a grading permit. No equipment or construction materials shall be stored inside or around the protective fencing. o The root protection zone and drip line of the mature Oak trees should be left in a natural state. Specifically, no decorative stones, mulch, groundcover, lighting, and/or plant material should be installed in the drip line. PAGE 5 OF RESOLUTION NO. 2004-10 D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include six- foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(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. The Design Review Board approved Kelly Moore KM 539M for the body paint color, Kelly Moore KM 529L for the trim color, gray composition roofing and stained Douglas fir doors, which the applicant shall maintain on an ongoing basis. Color mock-ups shall be made available at the project site prior to scheduling the project for the Planning Division's final sign-off of the building permit. A comprehensive 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. E. PARKING * 1. 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 PAGE 6 OF RESOLUTION NO. 2004-10 overhang of automobiles. * 2. 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. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. o 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. o Development shall be completed in compliance with a detailed geotechnical and 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 PAGE 7 OF RESOLUTION NO. 2004-10 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. o 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. o 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 * 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. PAGE 8 OF RESOLUTION NO. 2004-10 o 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. * 5. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. * 6. Handicapped ramps shall be provided and located as required by the City Engineer. H. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. o 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 PAGE 9 OF RESOLUTION NO. 2004-10 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. o 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. 10. 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. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. The applicant shall comply with all relevant requirements of the Army Corp of Engineers and the Department of Fish and Game. 14. The applicant shall comply with the requirements of Contra Costa County Flood Control & Water Conservation District as found necessary by the City 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 10 OF RESOLUTION NO. 2004-10 o o 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. 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 April 27, 2004, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Chief PAGE 11 OF RESOLUTION NO. 2004-10