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HomeMy WebLinkAbout2004-16RESOLUTION NO. 2004-16 APPOROVING DEVELOPMENT PLAN REQUEST DP 2003-05 ALLOWING THE ALTERATION OF AN EXISTING BUILDING AND SITE IMPROVEMENTS INCLUDING PARKING, LANDSCAPING, CONSTRUCTION OF A TRASH ENCLOSURE, INSTALLATION OF A DISABLED ACCESS, THE MODIFICATION OF THE BUILDING FAq/ADE, REPLACEMENT OF THE ROOF AND REPAINT THE BUILDING (APN: 200-190-010, 018 - 130 HARTZ AVENUE) WHEREAS, Forward Land Company has request a Development Plan request DP 2003-05 to alter the facade of'an existing building and construct site improvements to include: modifications to the existing parking lot area; construction of a trash enclosure; installation of a disabled access; modifications to the exterior facade; replacing the roof; and repainting the building on a .49 +/- acre site; and WHEREAS, the subject site is located at 130 Hartz Avenue and is further identified as Assessor's Parcel Numbers 200-190-010 & 018; and WHEREAS, the Town of Danville Downtown Business District Ordinance require approval of a Development Plan request prior to the construction of exterior modifications on a commercial property; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 27, 2004; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301, Class 1; 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 approve Development Plan request DP 2003-05 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS 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. 4 Traffic congestion will not likely be created by the proposed center or will be obviated by: ao presently projected projects; proper entrances and exits; internal provisions for traffic or parking; parking plans and agreements. The development will be an attractive and efficient development, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. The proposal will not be detrimental to the health, safety, and general welfare of the Town. CONDITIONS OF APPROVAL A. GENERAL This approval is for site plan, architectural and landscape modifications to and existing building located at 130 Hartz Avenue. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Development Plan, Site Plan, Architectural Elevations and Preliminary Landscape Plans consisting of three sheets, as prepared by David Mena Architects, dated received by the Planning Division on June 17, 2004. PAGE 2 OF RESOLUTION NO. 2004-16 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 $235.50 (157 notices X $0.75 per notice x two notices). 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 have been, or will be, met to the satisfaction of this agency. 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. 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. 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. o 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. All physical improvements shall be in place prior to occupancy of the building. PAGE 3 OF RESOLUTION NO. 2004-16 Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 10. Prior to occupancy of the building, the applicant shall provide the Town with documentation that all requirements of the Contra Costa County Health Department have been satisfied relative to kitchen area within the proposed restaurant. 11. Based on the parking provided on-site, seating for the interior of the building shall be limited to 99 seats. The maximum number of seats may be reduced based on building and fire code restrictions as a result of the Town's and the San Ramon Valley Fire District's review of the actual tenant improvement plans during the building permit plan check process. 12. Prior to the use of the outdoor seating area, the applicant shall submit a Land Use Permit application to establish the number of allowable outdoor seats. 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. o 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 work with Pacific Gas and Electric to have the existing pad mounted transformer painted. 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. 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 PAGE 4 OF RESOLUTION NO. 2004-16 Do 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. 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. 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. All existing trees on the site shall be Removal will be allowed only upon Planning Division. preserved to the extent practical. prior written approval from the o A detail of the wrought iron fencing proposed to be used for the outdoor seating area, the existing landing area and the new disabled access ramp shall be submitted for review and approval by the Design Review Board. 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. No new roof mounted equipment shall extend above the existing roofline. 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. PAGE 5 OF RESOLUTION NO. 2004-16 o o 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. Mock-up colors shall be painted on the building for review and approval by the Design Review Board prior to painting the building. 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. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. PARKING o ° o All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. One compact parking space along the northwest property line shall be eliminated and the remaining three compact spaces shall be re-striped to a full size parking space standard. The remaining portion of the eliminated parking space shall be absorbed into the adjacent landscaping. The depth of the compact parking spaces along the east property line shall be increased to the same dimension as the remaining parking spaces along that rOW. PAGE 6 OF RESOLUTION NO. 2004-16 o The concrete apron identified in front of the trash enclosure shall be allowed to be a parking space, but a sign shall be erected that identifies the appropriate days and times for "no" parking due to refuse collection. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new 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. 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. PAGE 7 OF RESOLUTION NO. 2004-16 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. o Any damage to street improvements noTM existing, 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. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. Prior to issuance of a building permit for the project, the property owner shall dedicate to the Town of Danville public right-of-way along the Hartz Avenue frontage, as specified in the Hartz Avenue Precise Alignment recorded document, kept on file with the Town of Danville, as identified by the City Engineer. H. INFRASTRUCTURE * 1. 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 PAGE 8 OF RESOLUTION NO. 2004-16 concentrated drainage shall be permitted to surface flow across sidewalks. ge All new utilities required to serve the development shall be installed underground. All street, drainage, parking lot improvements, 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 may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process; 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 July 27, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Storer, Combs, Moran, Osborn, Jameson, Legg, and Graham APPROVED AS TO FORM: PAGE 9 OF RESOLUTION NO. 2004-16