HomeMy WebLinkAbout138-91RESOLUTION NO. 138-91
APPROVING DEVELOPMENT PLAN REQUEST DP 91-11, LAND USE PERMIT
REQUEST LUP 91-9 AND VARIANCE REQUEST VAR 91-17 FOR THE EDDY HOUSE
LOCATED AT 302 SOUTH HARTZ AVENUE
(AlaN: 208-022-005)
WHEREAS, Doug Oftenhartz (owner and applicant) proposes to preserve the existing one
story building located at 302 S. Hartz Avenue (APN: 208-022-005) and add a 3,000 +/-
square foot, two-story addition at the rear of the site (prompting need for Development
Plan and Variance application; and
WHEREAS, the proposal also includes the addition of an outdoor seating area (which
requires Land Use Permit approval), removal of the existing porch located at the rear of
the existing building, and movement of the existing building west to Hartz Avenue and
south toward the San Ramon Valley Times building; and
WHEREAS, the site has been granted Heritage Resource Designation and approval of a
Heritage Resources Incentive Package per Town Council Resolution No. 137-91; and
WHEREAS, two members of the Heritage Resource Commission and two members of the
Design Review Board met on March 14 and 28, 1991 and June 26, 1991 to evaluate the
proposed project architecture; and
WHEREAS, Ordinance No. 89-8 (Historic Preservation) of the Town of Danville establishes
standards for review of alterations'to designated Heritage Resources; and
WHEREAS, the Heritage Resource Commission held a public meeting on April 17, 1991
and adopted Resolution No. 91-1, recommending Town Council approval of the proposed
project, granting the Heritage Resource Designation and improving the Heritage Resource
Incentive Package; and
WHEREAS, the Planning Commission held a meeting on April 23, 1991 and
recommended Town Council approval of Development Plan DP 91-11, Land Use Permit
request LUP 91-9 and Variance request VAR 91-17; and
WHEREAS, public notice of the July 16, 1991 public meeting was completed according
to State law; and
PAGE 1 OF RESOLUTION NO. 138-91
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WHERF~S, the Town Council considered all reports, recommendations, draft Conditions
of Approval and testimony submitted in writing and presented at the meeting; and
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Danville
approves Land Use Permit request LUP 91-9 for the Eddy House, subject to the attached
Conditions of Approval (Attachment A of Resolution No. 138-91) and makes the following
Findings to support their action:
1)
2)
3)
4)
5)
6)
7)
The proposed use is not detrimental to the health, safety and general
welfare of the community.
The use will not adversely affect the orderly development of property within
the Town.
The proposed use will not adversely affect property values.
The proposed use will not adversely affect the goals and policies of the
Danville 2005 General Plan and the Downtown Master Plan.
The use will not create a nuisance or enforcement problem within the
community.
The proposed use will not encourage marginal development in the area.
The special conditions, location and surroundings of the site warrant
approval of a Land Use Permit; and
BE IT FURTHER RESOLVED, that the Town Council approves Development Plan request
DP 91-11 for the Eddy House subject to the attached Conditions of Approval (Attachment
A of Resolution No. 138-91) and makes the following Findings to support their action:
1)
2)
3)
The applicant intends to obtain permits for construction within 18 months
from the effective date of plan approval.
The proposed development plan is consistent with the Danville 2005
General Plan and the Downtown Master Plan.
In the case of commercial and office development, the proposed
development is needed at the proposed location to provide adequate
facilities of the type proposed, and that traffic congestion will not likely be
created by the proposed center or will be obviated by;
a)
b)
c)
d)
any projected improvements,
proper entrances and exits,
internal provisions for traffic and parking,
that the development will be an attractive and efficient development
which will fit harmoniously into and will have no adverse effects
upon adjacent or surrounding development; and
BE IT FURTHER RESOLVED, that the Town Council approves the Variance for the Eddy
House (a one foot front yard setback and a four foot street side yard setback) subject to
the attached Conditions of Approval (Attachment A of Resolution No. 138-91) and makes
PAGE 2 OF RESOLUTION NO. 138-91
the following Findings to support their action:
1)
2)
3)
The Variance will not grant a special privilege inconsistent with the
limitations on other properties in the vicinity.
Special circumstances of the site (i.e., historic nature of the property) justify
relaxation of zoning setback requirements.
The Variance meets the intent and purpose of the respective land use district
in which the property is located.
APPROVED by the Danville Town Council at a Regular Meeting on July 16, 1991, by the
following vote:
AYES: GREENBERG, LANE, RITCHEY, SHIMANSKY
NOES: NONE
ABSTAINED: SCHLENDORF
ABSENT: NONE
MAYOR
ATTEST:
CITY CL~
APPROVI3D AS TO FORM:
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PAGE 3 OF RESOLUTION NO. 138-91
ATTACHMENT A
302 S. Hartz Avenue
Bridges Restaurant Annex
DP 91-11, LUP 91-9 & VAR 91-17
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of a building permit for the project. Each item is subject to review and approval
by the Planning Department unless otherwise specified.
A. GENERAL
1. This approval is for a Development Plan permit for a 3,000 square foot addition to
an existing building and a Land Use Permit for outdoor seating. The proposal also
includes approval of a Heritage Resource Incentive Package. The parcel is identified
as APN: 208-022-005. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained herein;
a. Project drawings labeled, "Preservations and Additions to the Eddy House",
consisting of four full sheets and one perspective elevation, dated received by the
Planning Division on April 2, 1991.
.
The developer shall pay any and all Town and other related fees that the property
may be subject to, other than those specifically waived as a part of the Heritage
Resource Incentive Package (see Resolution No. 137-91). These fees shall be based
on the current fee schedule in effect at the time the relevant permits are secured.
Notice should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee and the drainage acreage fees as established by the Contra Costa
County Flood Control District.
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Prior to the issuance of grading or building permits, the developer 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. The Fire District's initial comments
on this project are summarized in part within their letter of March 22, 1991.
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If archeological materiMs are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materiMs shall be stopped, 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.
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All construction and grading operations, including delivery of materials and
warming up of machinery, shall be limited to the hours from 7:30 a.m. to 5:30 p.m.,
unless otherwise approved in writing by the City Engineer. If determined necessary
by the City Engineer, the project developer shall provide security fencing around
the entire site during construction of the project.
.
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site and to the Chamber of Commerce that construction work will
commence. The notice shall include a list of contract persons with name, title,
phone number and area of responsibility. The person responsible for maintaining
the list shall be included. 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.
* 7.
If the developer intends to construct the project in phases, then the first submittal
for building permits shall be accompanied by an overall phasing plan. This plan
shall address off-site improvements to be installed in conjunction with each phase,
erosion control for undeveloped portions of the site and phasing of project grading.
The phasing plan shall be subject to the review and approval of the City Engineer
and Chief of Planning.
8. All uses for this project shall conform with requirements of the Downtown Business
District Ordinance - Area 1: Old Town.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that glare is directed away from
surrounding properties and rights-of-way.
* 2.
The location of any pad mounted transformers shall be subject to approval by the
Planning Department prior to the issuance of a building permit. Generally
speaking, such transformers shall not be located between any street and the front
of a building.
5. The project shall conform with the Old Town Beautification Plan. Required
improvements shall be reviewed and approved by the Chief of Planning.
.
The applicant shall coordinate construction plans for the Church Street frontage
improvements with the adjacent property owner of the Times building. The Times
building access drive is located east of the subject site loading area. Conditions of
Approval for the Times Office'Expansion deferred the driveway improvements along
Church Street until this site redevelops. One set of plans for the Church Street
frontage improvements shall be developed for both construction projects (see
Conditions of Approval for LUP 90-15 - Times Office Expansion) and submitted for
review and approval by the Chief of Planning.
5. A setback variance for the north and west elevations is approved per the plans cited
in A. 1. above.
C. PARKING
.
A total of 46 seats are approved for restaurant use of the original historic structure,
the "Eddy House". Seats may be moved inside or outside, provided that the total
number of seats does not exceed 46 and that the Building Code maximum
occupancy is not exceeded. All parking in-lieu fees ($63,000) for these 46 seats
shall be waived. The developer shall be responsible for payment of parking in-lieu
fees ($45,500) for the two story addition.
D. LANDSCAPING
* 1.
Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be
submitted for review and approval by the Planning Department. 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.
* 2. All plant material shall be served by an automatic underground irrigation system
and maintained in a healthy growing condition.
* 3. All trees shall be a minimum of 15 gallon container size and properly staked.
Shrubs not used as ground cover shall be a minimum of 5 gallons is size.
* 4. All landscaped areas not covered by shrubs and trees shall be planted with live
ground cover.
* 5. All existing trees on the site shall be preserved to the extent practical. Removal will
be allowed only upon prior written approval from the Planning Department.
6. This project shall conform with the future Townwide Landscape Ordinance
guidelines if they are adopted prior to installation of project landscaping.
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 structure(s). The
highest point of any roof mounted equipment shall not extend above the top of the
equipment well.
.
All trash and refuse shall be contained within enclosures architecturally compatible
with the main structure(s). 'The enclosure design shall include six (6) 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. It is the Town's understanding that it is
the applicant's intent to combine the Bridges trash and recyclable area with this
project. Since the two projects are located on separate parcels the applicant shall
provide the Town with a Deed Restriction on both parcels stating that the subject
site is designated trash and recyclable area for businesses located in both buildings.
The applicant shall also provide the Planning Division with written proof from
Valley Waste Management that the trash area on 302 S. Hartz Ave. is adequate for
trash and recyclable storage for both sites prior to issuance of a building permit.
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The street number(s) of the building(s) shall be posted so as to be easily seen from
the street at all times, day and night. The tenant spaces located on Church Street
shall have a Church Street address.
.
A comprehensive sign program for three signs, as shown on the plans cited in
condition A.l.a., are approved with this permit. No interior illumination of signs
is permitted. Final sign designs (including lighting) for individual tenants of the
project shall be approved by the Chief of Planning prior to installation.
.
Prior to the issuance of a building permit, samples of final colors and materials
selected shall be submitted to the Planning Division. Cedar shingle siding on the
addition and cedar shingle roofing for the Eddy House is approved with this permit.
Prior to painting the existing building or addition, the applicant shall do a color
field test for the Design Review Board's review and approval. The paint selection
for the Eddy House shall be subtlety different than the remainder of the project.
A preliminary color board was reviewed by the Design Review Board on March 14,
1991 and is on file with the Planning Division. All gallery window mullions shall
be mahogany or bronze-green in color.
.
The outdoor seating area trellis shall be separated from the Eddy House and shall
be freestanding. The construction materiM and design of the low wall and trellis
on the perimeter of the outdoor seating area requires review and approval by the
Design Review Board prior to issuance of a Building Permit.
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The chimney located adjacent to the Times building, shall be encased in lattice
similar to the proposed lattice treatment on the Times building.
All lattice (except on the outdoor seating area wall) shall be 2" x 2" wood, and
the floor of the Eddy House porch shall be wood.
Any special paving surface proposed within the public right-of-way shall be
subject to review and approval by the Engineering Division and the Design
Review Board when improvement plans are reviewed.
Any modifications to the exterior elevations shall require review and approval by
the Design Review Board and two representatives of the Heritage Resource
Commission.
F. GRADING
* 1.
Any grading on adjacent properties will require written approval of those
property owners affected.
.
Areas undergoing grading, and all other construction activities shall be watered,
or treated with other dust control measures to prevent dust. These measures
shall be approved by the Chief Building Official and employed at all times as
conditions warrant.
.
Development shall be completed in compliance with a detailed soils report and
the construction grading plans prepared for this project. The soils report shall
contain specific recommendations for foundation design of the building. The
engineering recommendations outlined in the project specific soils report shall
be incorporated into the design of this project.
.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall be
submitted for review and approval by the Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the site
from settlement and seismic activity.
.
Prior to moving the existing building to another site, a bond shall be posted with
the Town of Danville that covers the cost of restoring both sites back to their
original condition if the project is not completed. Prior to moving the existing
house to the temporary location, the applicant shall obtain the required
encroachment permits from the Town and shall inform the Planning,
Engineering, and Building Divisions in writing how the move will be executed
and the time of day.
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STREETS
The developer shall obtain an encroachment permit from the Engineering
Department prior to commencing any construction activities within any public
right-of-way or easement.
Street signing shall be installed by the developer 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 Police Department.
The developer shall keep adjoining public streets free and clean of project dirt,
mud, materials and debris during the construction period, as is found necessary
by the City Engineer.
Handicapped ramps shall be provided and located as required by the City
Engineer.
This development shall be provided with a safe and effective circulation system
for bicycles and pedestrians. These facilities shall be designed and installed to
the satisfaction of the City Engineer and shall be separated from vehicular traffic
wherever possible.
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 developer. 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 standards
established in Title 9 of the City Code. At the time Project Improvement Plans
are submitted, the developer shall supply to the City Engineer an up-to-date Title
Report for the subject property.
INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility District
in accordance with the requirements of the District.
Sewer disposal service shall be provided by the Central Contra Costa Sanitary
District in accordance with the requirements of the District, unless approval is
secured to utilize a private sewage disposal system.
Drainage facilities and easements shall be provided to the satisfaction of the City
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Engineer and/or the Chief Engineer of the Contra Costa County Flood Control
District.
All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the City.
Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
The developer shall comply with all relevant requirements of the Contra Costa
County Flood Control District and the Depat:iment of Fish and Game.
The developer 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 City policies and existing ordinances. All utilities shall be
located and provided within public utility easements, sited to meet utility
company standards, or in public streets.
All utilities required to serve the development shall be installed underground.
All public improvement plans shall be prepared by a licensed civil engineer.
The developer shall mitigate the impact of additional stormwater runoff from this
development on the San Ramon Creek watershed by either of the following
methods:
Removing 1 cubic yard of channel excavation materiM from the inadequate
portion of San Ramon Creek near Chaney Road for each 50 square feet of new
impervious surface area created by the development. All excavated material shall
be disposed of off-site by the developer at his cost. The site selection, land
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rights, and construction staking will be determined by the Flood Control District.
OR, AT THE OPTION OF THE DEVELOPER,
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Contribute to the County Deficiency Development Fee Trust (Fund No.
812100-0800) a drainage fee of $0.10 per square foot of new impervious surface
area created by the development. Within 12 months of receipt of the
contribution, the Flood Control District will use the monies to implement the
subject improvements. The added impervious surface area created by the
development will be based on the Flood Control District's standard impervious
surface area ordinance.
15.
The developer shall notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599 of any proposed construction project that may affect
streams in accordance with Section 1601 and/or 1602 of the Fish and Game
Code. If the subdivision is subject to requirements of the Department of Fish
and Game, the developer shall submit with the Project Improvement Plans a
letter from the Department of Fish and Game which indicates the Department's
requirements. Requirements by the Department of Fish and Game shall be noted
or shown on the construction plans.
MISCELLANEOUS
.
Conditions of this approval may require the developer to install public
improvements on land that neither the developer, not the Town, has easement
rights to allow the improvements to be installed. The developer shall be
responsible for acquisition of the necessary easements either through private
negotiations or by entering into an agreement with the town and assume all
responsibilities for acquisition pursuant to the Town's authority for
condemnation. Such acquisitions shall be commenced prior to the developer's
submittal of any final map. All costs associated with such acquisition shall be
borne by the developer.
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Prior to issuance of the' Final Action Letter (to be issued by the Planning
Division), the applicant shall submit the required $25.00 fee for posting the
Notice of Exemption with "de minimus" impact status with the County Clerk.
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