Loading...
HomeMy WebLinkAbout2006-09 PLANNING COMMISSION RESOLUTION NO. 2006-09 RECOMMENDING THE HERITAGE RESOURCE COMMISSION APPROVE FINAL DEVELOPMENT PLAN REQUEST DP 2005-24 AND VARIANCE REQUEST V AR 2006-08 (APN: 199-350-013 - HISTORIC MCDONALDS DRUG STORE) WHEREAS, Blue Sun Corporation (OWNER) and Banducci Associates Architects (APPLICANT) have requested approval of Final Development Plan request DP 2005-24 to allow the construction of a two story 3,759 + / - square foot addition with a visual orientation toward Railroad A venue; and WHEREAS, Owner and Applicant have also requested approval of Variance request V AR 2006-08 to allow a floor area ratio of 153% (where the Town's Downtown Business District Ordinance limits floor area ratios to a maximum of 80%) and to allow a waiver of the minimum ten foot secondary frontage building setback; and WHEREAS, the subject site is located at 345 and 349 Hartz Avenue and is further identified as Assessor's Parcel Number 199-350-013; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Final 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 project is identified as 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 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 approve Final Development Plan request DP 2005-24 per the conditions contained herein, and makes the following findings in support of this action: Final 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 an addition for retail land uses facing Railroad Avenue. 3. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. The Final Development Plan commits to the preservation of a historic and cultural resource, and recognizes such resource as a valuable part of the Town's heritage. 4. The proposal will not be detrimentalto the health, safety, and general welfare of the Town. The property provides its own pedestrian access from Hartz Avenue to the Clock Tower Municipal Parking Lot. 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 Final Development Plan observes the recommended approaches for the construction of an addition on a historic site by providing a secondary entrance facing Railroad A venue. This secondary entrance has no visual impact to the existing historic structure whose primary fa<;ade is along Hartz Avenue. Variance: 1. The variances do not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and Downtown Business District: -Area 1 in which the subject property is located. The site has a double frontage facing Hartz and Railroad A venue. All properties with this characteristic have the potential of developing in this manner. 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. Support of the increased floor area ratio is based upon the purpose defined PAGE 2 OF RESOLUTION NO. 2006-09 in the Downtown Business District Ordinance for Area 1, which is to provide an intensely developed central core area of ground floor retail and second floor office. Waiver of the 10' secondary frontage requirement would allow the addition to meet the existing building line of an adjacent building. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District - Area 1 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. Specifically, the addition's primary orientation is not toward Hartz Avenue and would not compete with the existing historic structure. 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 proj~ct conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. The Planning Division shall review and approve each item unless otherwise specified. A. GENERAL 1. This approval is for Final Development Plan request DP 2005-24 and Variance request V AR 2006-08. The approval is to allow the construction of a two story 3,759 + / - square foot addition with a visual orientation toward Railroad Avenue, to allow the floor area ratio of 153%, and to waive the 10' setback requirement for the secondary frontage. The site is located at 345 and 349 Hartz Avenue, further identified as APN: 199-350-013. 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. 2006-09 * * * a. Floor plans, elevations, colors and materials, labeled "345 Hartz A venue," as prepared by Banducci Architects Associates, consisting of 10 sheets, dated received by the Planning Division on April 18, 2006. b. Historic architect's review dated 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 requires separate approval by the Town Council. 3. Prior to the issuance of a building permit, the applicant shall reimburse the T own for notifying surrounding neighboring residents of the public hearing. The fee shall be $411.00 (274 notices X 2 sets X $0.75 per notice). 4. Prior to the issuance of 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 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 allowable construction work days and hours, and lists the name and contact PAGE 4 OF RESOLUTION NO. 2006-09 * * * * 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 workdays. Dust-producing activities shall be discontinued during high wind periods. 9. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report. 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 10. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 11. There is an existing garbage enclosure easement recorded on the subject property in favor of the adjacent property owner at 355 Hartz Ave. The owner shall provide documentation that the easement has been altered in agreement with the adjacent property owner. 12. The owners shall record an irrevocable offer of dedication, in such form as determined acceptable to the Town of Danville, offering a six foot width public pedestrian access easement along the full length of the north property boundary (i.e., extending along the north property boundary from Hartz Avenue to the Clock Tower Municipal Parking Lot). This easement shall be recorded prior to issuance of a building permit. 13. The existing fencing enclosing the outdoor seating area for the bar use under the brick buttresses shall be removed. If outdoor seating under the brick PAGE 5 OF RESOLUTION NO. 2006-09 buttresses is proposed to be retained after occupancy of the building addition, such seating shall be subject to review and approval under a land use permit application. 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. 3. The owner shall provide perimeter and frontage landscaping as required by the Downtown Business District Ordinance. C. HISTORIC PRESERVATION 1. Alteration of the existing historic structure is not approved as part of the subject Final Development Plan. Any future alteration of the historic structure's fa<;ade shall be submitted as a separate Final 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. 3. If deemed necessary by the Chief of Planning, the applicant shall be responsible for funding a third party review of the project building permit plans and on-site oversight by a professional historical architect that is chosen by the Town and acceptable to the applicant. D. PARKING 1. Prior to the issuance of a building permit for the project, a Parking Management Plan Agreement (Plan) shall be prepared for the project. The Plan shall be subject to review and approval by the Town. The 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- PAGE 6 OF RESOLUTION NO. 2006-09 square foot ratios. Each tenant shall be provided an executed copy of the 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) 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); 2) commitment by the property owner to provide commute alternative information to all tenants prior to occupancy; 3) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; and 4) commitment that all tenant employees shall obtain municipal parking permits and park in appropriate public parking areas. 2. The impact of the parking demand created by the increased floor area ratio beyond the maximum allowable 80% shall be addressed by payment of off- site parking fees and land use restrictions, unless waived or deferred by T own Council approval of historic preservation incentives. At the time of the project approval, the existing restaurant/bar use operated during off-peak hours, with weekday business hours set at 3:00 p.m. to 2:00a.m. As such, the existing restaurant/bar use does not generally compete with other daytime land uses for municipal parking. Uses with a higher parking demand than the current off-peak restaurant/bar use in the existing ground floor space in the existing structure (including any intensification of the existing restaurant/bar use) shall be subject to review and approval by the Town under a land use permit application. . 3. Future land uses of both the historic building and the addition shall be limited to retail uses on the ground floor. Office and/or retail uses are authorized as second floor uses in both the historic building and the building addition. The option to establish residential uses on any portion of the second floor of either building is subject to Town Council approval as part of the Town Council's review and approval of the historic preservation incentive package for this property. 4. Any request to establish of a tenant occupancy with a higher parking demand than office use shall be subject to review and ap.proval by the Town under a revised Final Development Plan application. Where such tenant occupancy is authorized, the use shall be subject to parking in-lieu fees as set for through the approval of the revised Final Development Plan. Any waiver of subsequent parking in-lieu fees must be considered by the Town Council as an amendment to the project's heritage resource incentive package. PAGE 7 OF RESOLUTION NO. 2006-09 E. 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 project signage is not approved as part of this application. A sign application shall be submitted to the Heritage Design Review Committee for consideration under a separate application, prior to issuance of a building permit. 4. The selection of alternative materials for the canvas awnings is allowed with the intent to increase longevity and to reduce maintenance concerns. The final choice of materials shall be presented to the Historic Design Review Committee for review and approval. F. 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 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. PAGE 8 OF RESOLUTION NO. 2006-09 G. STREETS * * * * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 2. 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. 3. Any damage to street improvements, Clock Tower Municipal Parking Lot, and/ or other public right-of-way, 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 seat overlay or street reconstruction if deemed warranted by the City Engineer. 4. 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. 5. 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 Hartz Avenue or Clock Tower Municipal Parking Lot frontage of this property. The owner shall pay the Town the cost of manufacturing the trash enclosure and the Town will determine the location for installation. 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 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. Any work PAGE 9 OF RESOLUTION NO. 2006-09 * * * * * * conducted on the street for sewer connection shall be coordinated with the Town's Development Services Department to avoid or minimize any public impact. 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. I. 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 a revised Final 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 PAGE 10 OF RESOLUTION NO. 2006-09 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 onBMPs for construction activities is a requirement of this permi t. APPROVED by the Danville Planning Commission at a regular meeting on April 25, 2006, by the following vote: A YES: NOES: ABSTAINED: ABSENT: Combs, Condie, Graham, Moran, Morgan, Osborn, Storer ~ Chair APPROVED AS TO FORM: V2 V 13 --L:" City Attorney 7 PAGE 11 OF RESOLUTION NO. 2006-09