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HomeMy WebLinkAbout2004-14RESOLUTION NO. 2004-14 APPROVING DEVELOPMENT PLAN REQUEST DP 2002-02 AND VARIANCE REQUEST 2004-28 ALLOWING THE CONSTRUCTION OF A TWO-STORY 12,600 +/- SQUARE FOOT RETAIL/OFFICE BUILDING AND ALLOWING VARIANCE THE FIRST FLOOR OF THE BUILDING TO TOTAL 43+/- PERCENT OF THE TOTAL BUILDING SQUARE FOOTAGE (APN: 208-020-049) PEARSON WILLIAMS I, LLC WHEREAS, Pearson and Williams I, LLC (Owners) and Barry and Volkmann Architects (Applicant) have requested apprOVal of a Development Plan request DP-2002-02 and Variance request VAR 2004-28 to allow the construction of a 12,600 +/- square foot two- story retail/office building on a .43 +/- acre site and to allow the first floor of the building to total 43+/- percent of the total, building square footage while Downtown Business District 1 requires that the first floor total a minimum of 60 percent of the total building square footage; and WHEREAS, the subject site is located at 137, 145, and 151 East Prospect Avenue and is further identified as Assessor's Parcel Number 208-022-049; and WHEREAS, the Town of Danville Downtown approval of a Development Plan prior to the development; and Business District Ordinance requires establishment of a new commercial WHEREAS, the Planning COmmission did review the project at a noticed public hearing on June 22, 2004; 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 2002-02 and Variance request VAR 2004-28 per the conditions contained herein, and makes the following findings in support .of this action: PAGE 1 OF RESOLUTION. 2004-14 FINDINGS OF APPROVAL Development Plan The applicant intends to obtain permits for construction within 18 mOnths from the effective date of plan approval. o The proposed development is consistent with the General Plan and the Downtown Master Plan. ge The proposed development is appropriate for the proPosed location and traffic congestion will not likely be created by the proposed center or will be obviated by: presently projected projects; proper entrances and exits; internal provisions for traffic or parking; and parking plans and agreements. The development will be an atti~active 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. 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 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: ao The design of the building incorporates parking underneath the second floor in the rear and side of the building, resulting in less building square footage on the first floor. The front elevation is well articulated and is .design to minimize the massive or bulky appearance, consistent with the intent of the development standards contained in the Downtown Business District Ordinance. PAGE 2 OF RESOLUTION 2004-14 The building design is consistent with other buildings in the vicinity and the larger downtown area. ge This variance is in substantial conformance with the intent and purpose of Downtown Business District 1 in which the subject property is located since the variance will allow for the development of a functional and attractive commercial development. 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. ·GENERAL 1. This approval is for a Development Plan application DP 2002-02 to allow the construction of a new 12,600 +/~ square foot two-story retail building. The existing buildings on this lot would be demolished. The site is identified as 137,145, and 151 East Prospect Avenue. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: Site Demolition Plan, Site Plan, Site Plan Alternative, Floor Plans and Elevations labeled "Prospector Square," as prepared by Barry and Volkmann Architects, cOnsisting of six sheets and dated received by the Planning Division May 7, 2004; and be Project colors, materials and details labeled "Prospector Park," as prepared by Barry and Volkmann Architects and dated received by the Planning Division on May 7, 2004. o 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 the issuance of a building permit for the project. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee ($38,970.00), Child Care Facilities fees ($2,165.00), Base Map revision PAGE 3 OF RESOLUTION 2004-14 .6. o fee ($144.00), Contra Costa County Flood Control & Water Conservation District fees ($2,117.00 +/~), Excavation mitigation fee ($623.00), Storm Water Pollution fee ($326.00), SCC Regional fee ($8,I40.00), Tri-Valley- Transportation fee ($10,045.00) and Plan Checking. and Inspection Fees, Benefit Districts and Density Increase 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 $ 241.50 (161 notices X $0.75 per notice X two notices). Prior to the issuance of 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 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 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. The applicant shall provi~le security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. PAGE 4 OF RESOLUTION 200444 o 11. 12. 13. 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 occupied buildings 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. Planning Division sign~off is required prior to final building inspection sign- off by the Building Division. The first floor of this building shall be limited to retail uses. The second floor shall be limited to office uses. Any other proposed uses, which must be consistent wit the requirements of Downtown Business District 1, shall be subject to review and approval by the Planning Division under a separate Development Plan application. Any use, which increased the parking demand for the building, will be subject to additional parking in-lieu fees. Restaurant and take-out/drive-in food service uses are explicitly disallowed in this project. Outdoor' storage or display of merchandise associated with retail uses established in this project are not allowed without the approval of a separate Land Use Permit request. PAGE 5 OF RESOLUTION 2004-14 B. SITE PLANNING * 1. * 2. Co 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 notbe located between any street and the front of a building. The location of the building wall adjacent and to the north of parking space 22 shall be move three .+/- feet to the north to allow adequate room for a sidewalk between the building and the parking stall subject to review and approval by the planning Division. The parking stalls and hardscape across the rear (south) elevation of the building shall be modified to provide an additional 18-inches between the top of parking stall number 19 and the side of parking stall number 18. 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. o o 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. 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. 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 2004-14 The 12+/- inch in diameter oak tree along the Property's west property line shall be preserved. In addition, the two large oak trees along the rear (south) property line of the project shall be preserved. A security deposit in the amount of the assessed value of these trees (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current addition of the "Guide for Establishing Values of Tree andOther Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall' be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. · The applicant shall be responsible for the installation of new six-foot high solid wood fences along the rear (south) property line of the parcel. The design and construction material for this fence shall be subject to review and approval by the Planning Division prior to installation. The applicant shall replace the existing cyclone fences along the west and east side property lines with a six foot tall wrought iron fence, or similar fence, subject to review and approval by the Design Review BOard, prior to issuance of building permits for the project. The developer shall be responsible for the ongoing maintenance of all project related landscaping and decorative hardscape along the project's East Prospect Avenue frontage. 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. 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 structure. PAGE 7 OF RESOLUTION 2004-14 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 shall, 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. The trash enclosure shall have access to a water bib to provide for occasional cleaning. 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 a building permit for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit for the project. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concurrent or prior to, the applicant initiating the Building Division plan check process. As part of the review of the final plans, the applicant shall submit a Master Sign Program Sign Permit for the project, which shall be subject to review and approval by the Design Review Board. The sign program shall be incorporated into all lease agreements for future tenants to notify future tenants of the sign restrictions. o Building pad elevation shall be no higher than necessary to provide positive drainage away from the building. o Final approval of building colors shall be subject to review and approval by the Design Review Board after viewing mock-ups of approved colors on the building prior to painting the building. PAGE 8 OF RESOLUTION 200444 PARKING. All parking spaces shall be striped and shall be fronted with concrete curbs. Sufficient area shall be provided beyond .the ends of all parking spaces to accommodate the required minimum overhang of automobiles. The wheel stops shown on the Site plan for spaces 14 through 22 shall not be installed. Where authorized, compact car spaces shall be .clearly designated with appropriate paxtement marking. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. Parking Spaces 13 & 14 on the site shall be re-configured to use a two-foot overhang and to maintain a fourteen-foot stall depth beyond the fronting concrete cUrb and a 24-foot minimum back-up area behind the parking space. If posSible, dePending on the location (or existence) of the tree near the southwest corner of the site, parking stall 13 shall be modified to be as standard parking space, to the extent possible. The applicant shall pay parking in-lieu fees to the Town of Danville for off- site parking approved as part of this project. The fee is based on the approved retail use of the first floor (5,438 +/- square feet) and office use of the second floor (7,288+/- square feet). As a result, the building generates a parking demand 54 parking spaces. Twenty-two parking spaces are proposed to be provided on site, resulting in 32 of the development's parking space demand being met through dependency on municipal parking facilities. After applying a 20 percent shared parking credit (per the Town's Downtown Business District Ordinance), the applicant is responsible for the purchase of the equivalent of 25.7 off-site parking spaces. Parking in-lieu fees for retail uses are currently $3,500.00 per parking space. Parking in-lieu fees for non-retail uses, including office uses, are currently $7,000.00 per parking space. Given the proportion of retail to non-retail space approved in this building, 10.97 off-site parking spaces are assigned as retail parking spaces, and 14.73 off-Site parking spaces are assigned as non-retail parking spaces. As a result, the total off-site parking in-lieu fee is $141,505.00 based on the current in-lieu parking fee schedule. This fee shall be paid prior to the issuance of building permit for the project. 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 submitted for review and approval by the Town. The Parking Management Plan (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 PAGE 9 OF RESOLUTION 2004-14 provided an executed copy of the Parking Management Plan with each rental agreement and the lessee shall indicate their awareness and acceptance of the requirements of the Plan. The Plan shall include, at a minimum, the following provisions: 1) shall provide and maintain directional signage indicating where the nearest public parking lot is located and indicate that the adjacent private parking lots are off-limits; 2) a system to monitor, ongoing compliance with the Plan (providing a mechanism to allow changes to the Plan as may be deemed necessary over time with such changes to be submitted to the Chief of Planning for review and approval); 3) commitment by the property owner to provide commute alternative information to all tenants prior to occupancy; 4) a commitment by the property owner that all necessary efforts will be made- to enforce the Plan; and 5). commitment that tenant employees, as required by the plan, obtain municipal parking permits, and park off site in appropriate, public parking areas. GRADING o o 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 softs 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 softs or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised softs 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 (i.e., May through October). If constructiOn does occur during the rainy season, the developer shall submit an Erosion Control P1an 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. PAGE 10 OF RESOLUTION 2004-14 All new development shall be consistbnt 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. Go 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. Al! 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. 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: PAGE 11 OF RESOLUTION 2004-14 4~ 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. o The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. The applicant shall be responsible for the installation of improvements along the East Prospect frontage of this parcel including brick banding and street trees consistent with the requirements of the Town's Downtown Beautification Guidelines. The applicant shall be required to replace/repair the existing curb, gutter, and sidewalk along the parcel's East Prospect frontage as determined by the City Engineer. 10. The applicant shall be responsible for the purchase of one Town standard tile trash enClosure to be placed along the frontage of this property. The applicant shall pay the Town the cost of manufacturing the trash enclosure and the TOwn will determine the exact location for installation. 11. To allow for possible future shared vehicular access with the parcel adjacent and to the east (APN: 208-020-020), the applicant shall execute a grant of easement for cross access over the drive aisles within this project.. This easement shall be executed prior to the issuance of a building permit but will not be recorded until the approval of an appropriate entitlement on the adjacent property (as determined by the Planning Division). At that time, a similar grant of easement from that applicant for vehicular cross access purposes in favor of this subject property will be required to be executed and PAGE 12 OF RESOLUTION 2004-14 recorded thereby completing the cross access agreements over a span of time. The grant of easement covering the subject property shall include authorization for the developer of the adjoining property to the east, as may be directed by the Town through project conditions of approval affecting that property, to modify the landscape area east of parking space one for the. inclusion of parking, drive aisle and/or planting area in the vicinity of parking space one. 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. 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. 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. 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. 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 existingordinances. 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. PAGE 13 OF RESOLUTION 2004-14 All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS * 1. * 2. * 3. 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 demolition permit and/or building permit for the project, the develop.er 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 June 22, 2004, by the following vote:' AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Graham, Jameson, Moran, Osborn, Storer Legg A~~e.~.TO FORM: City Attorney ' .~ ~ning PAGE 14 OF RESOLUTION 2004-14