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HomeMy WebLinkAbout2005-24 PLANNING COMMISSION RESOLUTION NO. 2005-24 RECOMMENDING THE HERITAGE RESOURCE COMMISSION ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2005-10 (APN: 208-025-001-- Shuey/PodvaHouse) WHEREAS, Branagh Development (OWNER) and SZFM Design Studio(APPLICANT) have requested approval of Development Plan request DP 2005-10 to allow rehabilitation of the existing historic home for adaptive use; demolition of the existing detached garage; relocation of the existing historic home on the site forward on the parcel toward School Street and construction of a new foundation; and construction of an attached 1,995+/- square foot addition and a 1,645 + / - square foot non-conditioned basement; and WHEREAS, the subject site is located at 100 School Street and is further identified as Assessor's Parcel Number 208-025-001; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to completion of the proposed site improvements; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 27, 2005; and WHEREAS, a Mitigated Negative Declaration of environmental significance has been prepared for this project indicating that, as modified through project revisions or recommended conditions of approval, no significant environmental impacts are expected to be associated with this project; 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 recommend the Heritage Resource 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 RESOL VED that the Planning Commission of the Town of Danville recommends that the Heritage Resource Commission adopt a Mitigated Negative Declaration of environmental significance and approve Development Plan request DP 2005-10 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 2005-24 Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. 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 applicant worked with a professional design team, a historic architect, and the Town's reviewing bodies to determine the most appropriate and reasonable approach to preservation, restoration, and rehabilitation of the Shuey /Podva House. 3. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. The Development Plan ensures the rehabilitation of a historic and cultural resource, and recognizes such resource as an essential part of the Town's heritage. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Town-conducted site visits noted that existing conditions of the vacant home included evidence of a deteriorated foundation, leaking roof, water stains, trespassing, and other conditions that attract pests. Therefore, the proposed rehabilitation of the vacant dwelling for adaptive use would improve the existing conditions and longevity of the historic Shuey /Podva House. 5. The proposal is in consistent with The Town's Historic Preservation Ordinance 32- 72 and the Town's Draft Design Guidelines for Heritage Resources. The Development Plan observes the recommended approaches for rehabilitation of existing historic buildings and construction of additions on historic sites. Certificate of Approval 1. The proposed alteration will not adversely affect the historically significant exterior architectural features of the Designated Heritage Resource or the special character, interest or value of its neighboring improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture. 2. The reviewing body relied upon the most current version of the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the State Historic Building Code and the Town of Danville's Design Guidelines for Heritage Resources. PAGE 2 OF RESOLUTION NO. 2005-24 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 1. This approval is for Development Plan permit DP 2005-10. The approval is to allow rehabilitation of the existing historic home for adaptive use; demolition of the existing detached garage; relocation of the existing historic home on the site forward on the parcel toward School Street and construction of a new foundation; and construction of an attached 1,995+ / - square foot addition and a 1,645 + / - square foot non-conditioned basement. The site is located 100 School Street, further identified as APN: 208-025-001. Except as may be modified by these conditions of approval, development shall be substantially as shown on the project drawings as follows: a. Site plan, elevations, colors & materials, Signage and exterior lighting, labeled "Shuey /Podva House," as prepared by SZFM Design Studio, consisting of 19 sheets, dated received by the Planning Division on September 21, 2005. b. Preliminary Landscape Plan, labeled as prepared by Thomas Baak & Associates, consisting of 4 sheets, dated received by the Planning Division on September 21,2005. c. Historic architect's reports and paint survey, dated received by the Planning Division on April 1, 2005; May 24, 2005; and August 25,2005. d. Arborist report, dated received by the Planning Division on April 1, 2005. 2. 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. Waiver of fees may be considered as PAGE 3 OF RESOLUTION NO. 2005-24 * * * * * part of a future incentive package for the property, which would require approval by the Town Council. 3. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $288.00 (192 notices X 2 sets X $0.75 per notice). 4. 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) have been, or will be, met to the satisfaction of the District. 5. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00. 6. 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. 7. 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. 8. 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. PAGE 4 OF RESOLUTION NO. 2005-24 * * * 9. 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 work days. Dust-producing activities shall be discontinued during high wind periods. 10. As part of the initial submittal for the demolition permit 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 report must be signed by the applicant. The report is subject to review and approval by the City Engineer and/ or Chief of Planning and/ or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 11. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANNING * * * 3. 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. 2. 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. Anyon-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. 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 PAGE 5 OF RESOLUTION NO. 2005-24 * * * size that various plant materials will achieve within a five-year period of time. 2. 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. 3. All trees shall be a minimum of IS-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 (i.e., not including Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or IS-gallon container size shrubs. 4. 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. 5. Removal of Tree #68, a Deodar Cedar, is authorized for removaL No replacement tree is required, because removal of the Deodar Cedar enhances the visibility of the historic home. The tree is not being removed for purposes of accommodating an addition and there are a number of existing mature trees on the site. Therefore, no mitigation is required. D. HISTORIC PRESERV A nON 1. The applicant shall submit a structural report/plan for review and approval by the Planning Division prior to issuance of a building permit for moving or altering the exterior of the historic building. The report shall include provisions for preservation of the existing exterior materials, windows, doors, trim or other significant historic architectural features that may be affected by moving or altering the building. The report shall detail specific recommendations for foundation design and shall be subject to review and approval by the Town's Development Services Department. 2. The owner shall take all precautionary measures to ensure that the building or its elements will not be significantly damaged by the relocation efforts. The applicant shall inform the Planning Division of the date and time of the building relocation. If significant damage to the building occurs when the building is moved, the owner shall immediately inform Town officials and develop a response/replacement plan for Town review and approval. If it is found that exterior architectural elements or materials are damaged beyond repair, the owner shall be responsible for replacing the element/material with a historically accurate element/material. PAGE 6 OF RESOLUTION NO. 2005-24 3. The applicant shall prepare a building restoration plan for Planning and Building Division approval after the building is moved. The plan shall address how all structural and seismic upgrades are to be implemented in the least invasive method to the exterior of the building. 4. The applicant shall comply with the recommendations contained in the Town's current version of the Design Guidelines for Heritage Resources (as of the date of issuance of a building permit) for all aspects of the project. 5. All new exterior materials shall match the original in appearance as closely as possible. 6. The applicant shall be responsible for funding a third party review of the project building permit plans and on-site oversight during the move by a professional historical architect that is chosen by the Town and acceptable to the applicant. E. PARKING 1. 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) commitment to provide and maintain directional signage indicating where the nearest public parking lot is located; 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; and 4) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; 5) commitment that all tenant employees shall obtain municipal parking permits and park off site in appropriate public parking areas. 2. Use of the historic building shall be limited to office, or other uses listed under Downtown Business District 1 which have an equal or lower parking demand than office. Uses with a higher parking demand than office use is not allowed under this permit. A request for establishmel).t of a use with a PAGE 7 OF RESOLUTION NO. 2005-24 higher parking demand than office use shall be subject to review and approval by the Town under a subsequent revised Final Development Plan application. Any use which increases the parking demand for the site shall be subject to the provision of additional off-site parking spaces, and the payment of off-site parking fees. Residential use may be allowed if approved by Town Council as part of the incentive package. 3. As long as the basement remains non-conditioned space, the square footage of the basement does not count toward the total floor area ratio and corresponding parking demand. Conditioned space shall be defined as an area that is being heated or cooled for human habitation. F. 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. 2. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. 3. The signage is partially approved as part of this application. If additional signage for the building is desired other than what is specified on sheet A5.2, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. The free-standing retail signage as depicted on sheet A5.2 is specifically not approved. The applicant or tenant shall return to the Town's Heritage Design Review Committee with design details including color, materials and lighting of the sign. 4. The applicant shall return to the Town's Heritage Design Review Committee with final paint colors and mock-ups on the buildings. G. GRADING * * * 1. Any grading. on adjacent properties will require prior written approval of those property owners affected. 2. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 3. If toxic or contaminated soil is encountered during construction,. all construction activity in that area shall cease until the appropriate action is PAGE 8 OF RESOLUTION NO. 2005-24 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. H. 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. 2. 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. If deemed appropriate by the Town, the applicant shall install a handicap parking space as a curb- side parking space along the property's Front Street frontage. 3. 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. 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. 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. PAGE 9 OF RESOLUTION NO. 2005-24 I. 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 the District. 2. 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. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. 4. 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 acceptable by the City Engineer. 5. 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. 6. 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. 7. All new utilities required to serve the development shall be installed underground. 8. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. . J. MISCELLANEOUS * 1. 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 and/or Heritage Resource Commission approval through the Development Plan review process. 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 disposal of green waste generated from land PAGE 10 OF RESOLUTION NO. 2005-24 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. * 3. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/ equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. APPROVED by the Danville Planning Commission at a regular meeting on September 27, 2005, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Graham, Moran, Morgan, Nichols, Osborn, Storer t ~Qivn- G air APPROVED AS TO FORM: ~4 City Attorney I<~ ~ Chief of P a ing PAGE 11 OF RESOLUTION NO. 2005-24