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HomeMy WebLinkAbout002-94EXHIBIT B RESOLUTION NO. 2-94 APPROVING DEVELOPMENT PLAN REQUEST DP 93-25 AND SIGN MODIFICATION REQUEST SR 93-23 FOR THE CONSTRUCTION OF A 1,000+ SQUARE FOOT ADDITION TO THE PODVA HOUSE AND MODIFICATION OF AN EXISTING MONUMENT SIGN, AND DENIAL OF VARIANCE REQUEST VAR 93-48 TO REDUCE SIDE YARD SETBACKS FOR A DETACHED 924+ SQUARE FOOT CARRIAGE HOUSE LOCATED AT 809 PODVA ROAD (APN: 208-462-013) WHEREAS, Gary Swiggitt (applicant) is proposing to preserve the Podva House, an existing two story building located at 809 Podva Road (APN: 208-462-013) and add a 1,000+ square foot, one story addition to the rear of the existing building, construct a 924+ square foot detached carriage house within the existing parking lot, and modify an existing monument sign. WHEREAS, the applicant is requesting Heritage Resource Designation, approval of a Heritage Resource incentive package, Development Plan and Variance request; and WHEREAS, Ordinance No. 89-8 (Historic Preservation) of the Town of Danville establishes standards for review for alterations to designated Heritage Resources; WHEREAS, the Heritage Resource Commission held a public meeting on December 6, 1993 at 6:30 p.m. at the Town offices and supported approval of the proposed Heritage liesource designation, incentive package and 1,000+ square foot addition to the rear of the existing structure, but recommended denial of the variance request to construct the carriage house six feet from the side property line; and WHERFAS, the Planning Commission held a public meeting on December 14, 1993 at 7:30 p.m. at the Town Meeting Hall supported approval of the proposed Development Plan for the construction of the 1,000+ square foot addition and sign modification, but recommended denial of the variance request to construct a carriage house six feet from the side property line; and WHEREAS, public notice of the January 18, 1994 public meeting was completed according t() Statc law; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the meeting. NOW, THEREFORE BE IT PAGE 1 RESOLUTION NO. 2-94 RESOLVED, that the Town Council of the Town of Danville adopts the Mitigated Negative Declaration of Environmental Significance and approve the Development Plan request (DP 93-25) per the conditions contained herein, and makes the following findings in support of that action: lo The applicant has indicated an intent to start construction within 18 months of the effective date of the permits. . The proposed project is consistent with the Danville 2005 General Plan and the Zoning Ordinance. . The proposed use of the property as an administrative office for the corporate head quarters for a boat insurance company is consistent with previous Conditions of Approval for the rezoning from R-15; Single Family Residential to L-l; Limited Office. . The proposed office development will constitute a office environment of sustained desirability and stability, and will be in harmony with the character of existing commercial development in the area, the surrounding neighborhood, and the community. 5~ There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The development plan will not encourage marginal development within the neighborhood. BE IT FURTHER RESOLVED, that the Town Council denies the request for a Variance (VAR 93-48) to reduce side yard setbacks from the required 15 feet to six feet to construct a detached carriage house, and makes the following findings in support of that action; I. The location and height of the carriage house will adversely affect adjacent property owners due the close proximity of the carriage house. . There are no special circumstances unique to this property that warrant a variance to side yard setback requirements. . The strict application of setback regulations for this property does not deny the property owner of privileges enjoyed by other properties in the vicinity and zoning district in which the property is situated. PAGE 2 RESOLUTION NO. 2-94 . Based on a total square footage of 3,000+__. square feet (including the 1,000+_ square foot addition and the existing 2,000& structure), the required parking for this project is 14 spaces. Construction of the proposed carriage house will reduce the number of available parking spaces to 11 which is inconsistent with parking requirements of the Limited Office zoning district. BE IT FURTHER RESOLVED, that the Town Council approves the sign modification (SR 93-23) per the conditions contained herein, and makes the following findings in support of that action; 9. The signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adequate identification. . The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. . The signage will be harmonious with the materials, color, texture, size, shape, height, location, design and in proportion with the architectural style of the building, property or environment of which they are a part. 5. The design of the signage will be consistent with professional graphic and structural standards. , Signage illumination will be at the lowest level consistent with adequate identification and readability. 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 Division unless otherwise specified. A. GENERAL . This approval is for a Development Plan for a 1,000+ square foot addition to the rear of an existing building and modification of an existing monument sign identified as 809 Podva Road (APN: 208-462-013). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 3 RESOLUTION NO. 2-94 a. Project drawings labeled "The Spurgeon Companies - Podva House", as prepared by Prentice & Prentice and consisting of five sheets dated September 17, 1987 and dated received by the Planning Division on October 29, 1993. o The developer 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. . 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 within their letter of December 6, 1993. . 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 $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. If archeoiogical materials are uncovered during any construction or pre-construction activities onthe site, all earthwork within 100 feet of these materials 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 oufiine appropriate mitigation measures, if they are deemed necessary. O. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 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. PAGE 4 RESOLUTION NO. 2-94 Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the Chief Building Official. . 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 homeowner associations of nearby residential projects 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. * 8. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction- Phases Occupancy Plan approved by the Planning Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. B. SITE PLANNING . Mitigation Measure: 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 Division 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. C. LANDSCAPING * 1. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. PAGE 5 RESOLUTION NO. 2-94 , . , 5. . , . , 10. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover, Existing landscaping in the rear yard shall not be removed until such time as a building permit is secured for the 1,000+__ square foot addition in the Fear. Existing landscaping currently located along the entire southerly property line shall not be removed. Any trimming of oleanders adjacent to the southerly property line shall be minimal and shall not endanger the life of the plants. Existing oleanders along the southerly property line shall be appropriately maintained to continue providing a landscape screen and buffer between the subject office and adjacent residences. The developer shall implement recommendations from a certified tree arborist that protect the existing 20+ inch Sycamore tree (located south of the path to the front door of the Podva House) during the construction process of the addition to the rear of the existing structure. All of the arborist's recommendations for protection of the tree shall be implemented throughout the construction process. Selection of the arborist is subject to the review and approval by Planning staff prior to issuance of building permits. The developer shall post a tree protection deposit (as specified in Section 8-5609 of Ordinance No. 138 - Tree Preservation Ordinance) in the amount of $2,000 and shall be refunded when the addition is certified for occupancy subject to the review and approval of the Planning Division. Existing landscaping currently screening the transformer located on the south side of the parking lot shall not be removed, and shall be maintained t() screen the structure from Podva Road. All existing trees on the site shall be preserved. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 6 RESOLUTION NO. 2-94 [). ARCHITECTURE F.. * 1. 2. . o · '7 ! · 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. 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· Final drawings of the proposed sign modification to the existing monument sign are subject to the review and approval of Planning staff. A sample colors and materials board shall be included for review and approval of Planning staff· This entitlement approves the sign's encroachment into the public right of way. Any additional signing desired for the development shall be submitted to the Town for consideration under a separate application· Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. The proposed skylight for the addition shall be deleted from the project. Final construction drawings for exterior elevations shall be reviewed and approved by the DRB and a minimum of two Heritage Resource Commissioners prior to issuance of building permits. All building colors for the addition shall match the existing structure. Any changes shall be submitted for review and approval by the Design Review Board and a minimum of two Heritage Resource Commissioners prior to application t)f paint. PARKING I. All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. PAGE 7 RESOLUTION NO. 2-94 . , Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size including allowable overhang. A minimum of 14 parking spaces shall be maintained in the existing parking lot on the site. F. GRADING * 1o * 2. 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. G. . . 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. 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. 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. 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 PAGE 8 RESOLUTION NO. 2-94 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 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. H. INFRASTRUCTURE * 1. 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. a [)rain age facilities and easements shall be provided to the satisfaction of the City 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. 5, 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. . 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. PAGE 9 RESOLUTION NO. 2-94 . All utilities required to serve the development shall be installed underground. 10. 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: a. Removing 1 cubic yard of channel excavation material 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 offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE [)EVELOPER, b. 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. i. MISCELLANEOUS * ]. 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 approval through the Development Plan review process. . Conditions of this approval may require the developer to install public improvements on land 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 building permits. All costs associated with such acquisition shall be borne by the developer. PAGE 10 RESOLUTION NO. 2-94 , The uses on this property shall include only administrative and professional offices and shall specifically exclude pedestrian oriented insurance, real estate or financial investment offices uses. 4. Construction of the proposed carriage house is expressly prohibited. Upon construction of the improvements permitted by this entitlement, no further development shall occur on this site pursuant to the Danville 2005 General Plan. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, January 18, 1994, by the following vote: AYES: RITCHEY, NOES: NONE ABSTAINED: NONE ABSENT: NONE GREENBERG, DOYLE, SHIMANSKY, WALDO MAYOR APPROVED AS TO FORM: ATTEST: CITY CLERK adpz26 PAGE 11 RESOLUTION NO. 2-94