HomeMy WebLinkAbout2006-08
PLANNING COMMISSION
RESOLUTION NO. 2006-08
RECOMMENDING THE HERITAGE RESOURCE COMMISSION APPROVE
DEVELOPMENT PLAN REQUEST DP 2006-01
AND VARIANCE REQUEST V AR 2006-09
(APN: 208-022-014 - FOSTER HOUSE ADDITION)
WHEREAS, Mason Properties LLC (OWNERS) and Banducci Associates Architects
(APPLICANT) have requested approval of a Development Plan request DP 2006-01 to
allow construction of a detached, two-story 3,966 + / - square foot addition to a designated
Heritage Resource; and
WHEREAS, the Variance request V AR 2006-09 would allow the building to have a floor
area ratio of 82%, while the maximum allowable floor area ratio is 80%; and
WHEREAS, the subject site is located at 404 Hartz Avenue and is further identified as
Assessor's Parcel Number 208-022-014; 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
April 25, 2006; and
WHEREAS, the proposed project is Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA), Section 15303, Class 3(c) and Section 15331,
Class 31; 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 i~, writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that the
Heritage Resource Commission approve Development Plan request DP 2006-01 and
Variance request V AR 2006-09, per the conditions contained herein, and makes the
following findings in support of this action:
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 owners 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.
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. The redesign would improve existing conditions by incrementally increasing
the walkability of Downtown. A driveway cut would be removed, which reduces
the interface of cars and pedestrians.
5. The proposal is in consistent with The Town's Historic Preservation Ordinance 32-
72 and the Town's Design Guidelines for Heritage Resources. The Development Plan
observes the recommended approaches for additions and new construction on
historic sites.
Variance
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and Downtown Business District Area 1:
Old Town Retail in which the subject property is located. The property is a
designated heritage resource with an existing historic building. Properties that are
designated Heritage Resources are eligible to receive consideration of flexible
development standards, including floor area ratio. District 1 allows a maximum
floor area ratio of 80%. The proposed floor area ratio is 82% (1,491 + / - square foot
historic home plus 3,966 + / - square foot addition divided by 6,641 + / - square foot
lot). The 2% overage translates into an approximately 79 square foot area or less
than an 8'xl0' area. This size of area, spread over two stories, is not significant in
impacting the aesthetics of the site as a whole, allows the floor plans to be
reasonably functional in relationship to an existing historic structure, and does not
generate additional parking demand.
PAGE 2 OF RESOLUTION NO.2006-08
2. Because of special circumstances applicable to this specific property, strict
application of the applicable zoning regulations would deprive the subject property
of rights enjoyed by others in the general vicinity and/ or located in the same zoning
. district. The site was required to design around an existing historic structure at the
front of the site. The Town's General Plan policies and Historic Preservation
Ordinance strive to ensure that owners of historic buildings are provided with
appropriate incentives to ensure the continued economic viability and usefulness of
those buildings.
3. This variance is in substantial conformance with the intent and purpose of the
Downtown Business District Area 1: Old Town Retail in which the subject property
is located. The addition will be constructed behind the historic building at the front
of the site, consistent with the historic development patterns of the Downtown.
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.
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
1. This approval is for Development Plan permit DP 2006-01. The approval is to
allow construction of a detached 3,966+ / - square foot addition. The site is
located 404 Hartz Avenue, further identified as APN: 208-022-014. Except
as may be modified by these conditions of approval, development shall be
substantially as shown on the project drawings as follows:
PAGE 3 OF RESOLUTION NO.2006-08
*
*
*
a. Site plan, floor plans, roof plan, elevations, colors & materials, labeled
"404 Hartz Avenue," as prepared by Banducci Architects Associates,
consisting of sheets, dated received by the Planning Division on
January 9, 2006 and April 18, 2006.
b. Historic architect's report, dated received by the Planning Division on
April 17, 2006.
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
part of the recommended historic preservation incentives for the property,
which would require approval by the Town Council.
3. 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 $172.50 (115 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.
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.
6.
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 4 OF RESOLUTION NO.2006-08
*
*
*
*
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.
7.
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.
8.
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.
9.
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.
10.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
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.
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.
PAGE 5 OF RESOLUTION NO.2006-08
*
3.
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
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*
*
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. The landscape plans shall add a planting area along exterior perimeter
of the driveway area and increase the width of the planting area along the
historic structure.
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
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. The owners shall make a diligent effort to the satisfaction of the Town's
Planning Division to retain the existing mature trees near northwest property
line (one Western Redbud and two Magnolia Trees) to the extent possible,
with pavement-flush planter boxes incorporated around the root zone after
removal of the existing asphalt paving. Trees with roots that are too severely
impacted due to the proximity of the addition, or are determined to be a
safety concern, shall be replaced with other plantings in scale with the
receiving area. Additionally, should there be a public pedestrian easement
along the northwest property line, the two Magnolia trees are allowed to be
removed. Trees wells shall be installed for new trees or existing trees
impacted by grading. The wells shall maintain a circle of ground next to the
tree at the level existing before grading and lined with a root barrier to
prevent cracking of the sidewalk.
PAGE 6 OF RESOLUTION NO.2006-08
6. A fencing plan shall be included with the final landscape plan. The fence
shall be continuous around the back property line. Access to the Town's
Front Street parking lot shall not be allowed unless a public access easement
between the parking lot and Hartz Avenue is dedicated to the Town.
D. HISTORIC PRESERVATION
1. Alteration of the existing historic structure is not approved as part of the
subject Development Plan. Any future alteration of the historic structure's
fa<;ade shall be submitted as a separate Development Plan application.
2. The owner 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.
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 retail or other uses listed under
Downtown Business District 1 which have an equal or lower parking
demand.
PAGE 7 OF RESOLUTION NO.2006-08
3. Uses with a higher parking demand than office use is not allowed under this
permit for the addition. A request for establishment of a use with a 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 preservation incentives.
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 not approved as part of this application. Design of tenant
signage, including lighting, shall be submitted to the Heritage Design Review
Committee for consideration under a separate application.
4. The architecture as proposed is not acceptable for residential use. If the land
use changes from commercial to residential based on Town Council approval
of preservation incentives, the owner shall revise the architecture for
Planning Commission and Heritage Resource Commission review.
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
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
PAGE 8 OF RESOLUTION NO.2006-08
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.
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.
6. The existing curb cut shall be removed and the sidewalk shall be restored
with the brick banding, consistent with the requirements of the Town's
Downtown Beautification Guidelines.
7. If found necessary by the Chief of Planning, the owners shall be responsible
for the purchase of one Town standard tile trash enclosure to be placed along
the frontage of this property. The owner shall pay the Town the cost of
PAGE 9 OF RESOLUTION NO.2006-08
manufacturing the trash enclosure and the Town will determine the location
for installation.
I. INFRASTRUCTURE
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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.
9. Water valves, fire hook-ups, post indicator valves, reduced back flow devices
and other utilities shall not be placed at the front of either the historic
structure or the new addition where such valves or devices are visible. The
owner or applicant shall coordinate with the Town and applicable agencies
to determine a functionally and aesthetically acceptable location.
PAGE 10 OF RESOLUTION NO.2006-08
J. MISCELLANEOUS
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*
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
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 April 25, 2006,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Condie, Graham, Moran, Morgan, Osborn, Storer
Combs
~
Chz6r
APPROVED AS TO FORM:
(JZ/Cc{j~, ~~
City Attorney \
Chief of
PAGE 11 OF RESOLUTION NO.2006-08