Loading...
HomeMy WebLinkAbout126-97RESOLUTION 126-97 APPROVING THE APPEAL BY DOUG OFFENHARTZ (OWNER/APPELLANT) AND DENYING THE APPEAL BY CAROLYN OSHEROFF (LEGAL REPRESENTATIVE OF THE RECEIVER FOR DANVILLE HOTEL TERRITORY) OF CERTAIN PROVISIONS OF THE PLANNING COMMISSION'S JUNE 10, 1997 APPROVAL OF DEVELOPMENT PLAN REQUEST DP 96-41 ALLOWING THE CONSTRUCTION OF A NEW 3,600 +/- SQUARE FOOT COMMERCIAL RETAIL BUILDING AT THE SOUTHWEST CORNER OF RAILROAD AVENUE AND FORMER SHORT STREET (APN: 208-023-016) WHEREAS, Joseph Hirsch and Doug Oftenhartz (Owners/Applicants) have requested approval of a Development Plan request DP 96-41 and Variance request VAR 96-27 to allow the construction of a 3,600 +/- square foot one-story commercial/retail structure on the corner of Railroad Avenue and former Short Street; and WHEREAS, the construction of the new building would require the demolition of the existing 1,200 +/- square foot building; and WHEREAS, the Variance request would allow the provision of off-site parking to increase from 25 percent to 55 percent of the total required parking generated by the development; and WHEREAS, the subject site is located at 179-189 Short Street, across the parking lot from the Danville Hotel and is identified as Assessor's Parcel Number 208-023-016; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan application prior to construction of a new commercial/retail structure; and WHEREAS, the Planning Commission did review and approve the project at a noticed public hearing on June 10, 1997; and WHEREAS, the basis of this appeal was related to the Planning Commission's requirement to retain a 14-inch Valley Oak tree along the Railroad Avenue frontage; and WHEREAS, Doug Oftenhartz appealed the Planning Commission decision by way of his appeal letter dated June 17, 1997; and WHEREAS, Carolyn S. Osheroff, legal representative of the Receiver for the Danville Hotel Territory (Ritchie & Ritchie Management Company) appealed the Planning Commission decision by way of her appeal letter dated June 19, 1997; and WHEREAS, this basis of this appeal is related to the Town's requirement that a cross easement agreement be granted in favor of the Danville Hotel Territory; and WHEREAS, the Town Council did review the project and the appeals at a noticed public hearing on September 3, 1997; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, an administrative staff report was submitted recommending that the Town Council deny both appeals and reaffirm the Planning Commission action to approve the project; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED, that the Danville Town Council hereby upholds the appeal by Doug Oftenhartz and denies the appeal by Carolyn Osheroff, and approves the Development Plan (DP 96-41) and Variance request (VAR 96-27) per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a commercial structure of sustained desirability and stability, and will be in harmony with the character of the existing development in the area, the surrounding neighborhood and the community. The applicant intends to obtain permits for construction within 18 months from the effective date of the Development Plan approval. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed. Traffic congestion will not likely be created by the proposed development due to the proper location of access to the site and adequate internal provisions for on-site traffic and parking, and access to the municipal parking lots located within the downtown area. The proposed 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. PAGE 2 OF RESOLUTION NO. 126-97 Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 2; Old Town Retail Transition, in which the subject property is located. Because of the following 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: 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 a Development Plan request DP 96-41 allowing the construction of a 3,600 +/- square foot one-story commercial/retail structure on the comer Railroad Avenue and former Short Street and a Variance request to allow the provision of off-site parking to increase from 25 percent to 55 percent of the total required parking generated by the development. This approval also authorizes a Master Sign Program for the new building. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "179 Short Street Commercial Building," as prepared by Dahlin Group Architects & Planners, consisting of three sheets. In addition landscape development .shall be substantially as shown on a landscape plan labeled "Short Street Commercial Preliminary Landscape Plan," as prepared by Gates & Associates, consisting of one page. Both sets of plans are dated received on June 5, 1997 by the Planning Division. PAGE 3 OF RESOLUTION NO. 126-97 The applicant shall pay or be subject to 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 and prior to any town Council final approval action. Notice should be taken specifically of the Town's Commercial Transportation Improvement Program (TIP), Flood Control & Water Conservation District (Drainage Areas and Mitigation, Plan Checking and Inspection). Prior to the issuance of demolition, grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00. 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. 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. 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. The applicant shall require their contractors and subcontractors to fit all PAGE 4 OF RESOLUTION NO. 126-97 internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. 10. All physical improvements shall be in place prior to occupancy of the building. 11. The developer shall submit an application for a building permit to construct the new building prior to the demolition of the existing building on the site. A demolition permit will be required prior to demolition of the building. 12. The developer shall submit proof of a written agreement to remove a portion of the overhang of the adjacent building located at 222 Railroad Avenue (APN: 208-023-027), to meet minimum building setback requirements as required by the Uniform Building Code, prior to the issuance of a demolition permit for the existing structure. B. SITE PLANNING 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. The final lighting plan shall be subject to the review and approval by the Planning Division and the Design Review Board prior to issuance of a building permit for the building. 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. The applicant shall either (1) relocate the existing utility pole along the Railroad Avenue sidewalk frontage; or (2) design the sidewalk improvements such that a six-foot wide walkway veers around the utility pole with landscape improvements at the base of the pole, subject to the review and approval by the PAGE 5 OF RESOLUTION NO. 126-97 City Engineer. If the applicant selects Option//2, the sidewalk shall be designed to curve comfortably around the utility pole and not at a sharp angle. The applicant shall also dedicate a public access easement to the Town of Danville for the portion of the six-foot wide sidewalk which encroaches upon the private property. The applicant shall be responsible for the maintenance of all project related landscaping along the project's Railroad Avenue frontage. The Town will grant maintenance easement to the developer/property owner for the future maintenance of this area. C. LANDSCAPING 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 final Landscape Plan shall depict landscaping for both the eastern and the westem sides of the building. The potted plants shown on the Landscape Plan (Exhibit H) shall be part of the required plantings to be installed. The 12-inch landscape strip shown along the southern building frontage shall be planted with English Ivy, irrigated with a drip irrigation system, and trained to grow on trellis supports. All new street trees fronting Railroad Avenue and the parking lot at the project site shall be 36-inch box Quercus coccinea (Scarlet Oak). 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. All trees (Quercus coccinea) shall be a minimum of 36-inch box container size. All trees shall be properly staked. All shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. 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 PAGE 6 OF RESOLUTION NO. 126-97 within two years. All existing trees on the project site may be removed for the construction of the proposed project. The mitigation required for the removal of three Valley Oak trees protected by the Town' Tree Preservation Ordinance shall be on a 4:1 ratio resulting in a total of 12 required replacement trees. All replacement trees shall be Quercus coccinea (Scarlet Oak) and be a minimum 36-inch box container size. The applicant shall receive credit for installing three 36-inch box Scarlet Oaks on the project site, as a part of the project proposal. The applicant has a remaining obligation to install nine 36-inch box Scarlet Oaks off-site. The off- site obligation to install nine Scarlet Oaks shall be made in the form of a mitigation fee payment, valued at the actual cost to install each Scarlet Oak along a Downtown street or a maximum of $1,000 per tree, whichever is less. Prior to the issuance of a Building Permit for the construction of the project proposal, the applicant shall pay the mitigation fee (9 trees X $1,000 = $9,000 maximum) in full. The Town shall keep the mitigation fee in an account to be used in the future to install Scarlet Oaks in areas of the Downtown. D. 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. All trash and refuse shall be contained within the designated enclosure detailed on the site plan. The trash enclosure gates shall be self-closing and self- latching. Prior to issuance of a building permit, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash and recycling area(s) shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. 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. PAGE 7 OF RESOLUTION NO. 126-97 Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. The building signage shall conform to the Master Sign Program included as part of the project application. The intent of the Master Sign Program is to provide guidance for future signage of the building as it pertains to color, letter font, letter size, and sign area. Any proposed future revisions to the Master Sign Program must be reviewed and approved by the Design Review Board. The number of signs shown on the building elevations, contained within Exhibit G, are not vested. The actual number of signs permitted for the structure shall be based upon the number of tenants occupying the building. Future changes to the signage on the building, as a result of tenant changes, shall be subject to review and approval by the Town Planning Division prior to approval of any Tenant Improvements. Colors and materials for the proposed building shall be as shown on the color and materials board for the project on file with the Planning Division. In addition, the colors and materials for the building shall be substantially as depicted by the colored rendering for the building on file with the Planing Division and presented at the public hearing for this project. Final construction details shall be subject to review and approval by the Design Review Board prior to issuance of a building permit for the project. The northern, western and portions of the eastern and southern building elevations shall be constructed of wood and brick, as shown on the project plans. All final construction plans shall note all building materials. Building materials used shall be subject to the review and approval of the Chief of Planning. E. PARKING * 1. 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 PAGE 8 OF RESOLUTION NO. 126-97 beyond the ends of all parking spaces to accommodate the overhang of automobiles. 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. Parking requirements for the proposed building is based on a combination of restaurant, retail and commercial service uses. Based on this anticipated combination of uses, the building has a requirement to provide 22 parking spaces. Because only 10 parking spaces are provided on the project site, the applicant shall be required to buy 12 additional parking spaces within the Town municipal parking lot. Should the tenant mix in the future be more intensive than what has been anticipated and which would generate a higher demand in parking, the developer/owner would need to provide the additional off-site parking fees subject to the applicable fees at that time. For example, if the mix of future tenants in the building generate a need for 30 parking spaces (rather than 22 spaces), the property owner would then need to pay off-site parking fees for the additional unanticipated 8 parking spaces. GRADING/DEMOLITION At least one week prior to commencement of grading and/or demolition of the existing structure, 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 Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall PAGE 9 OF RESOLUTION NO. 126-97 be subject to review and approval by the Town's Engineering and Planning Divisions. 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 City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 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. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). A NPDES construction permit may be required, as determined by the City Engineer. PAGE 10 OF RESOLUTION NO. 126-97 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. 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. Handicapped ramps shall be provided and located as required by the City Engineer. The applicant shall install new curb and gutter, sidewalk, driveway approach and catch basin in accordance with Danville Standard Plans. These improvements shall extend along the Railroad Avenue frontage of the subject site and onto the adjacent Danville Hotel property to construct a complete driveway. The sidewalk shall be a minimum of six feet wide and the driveway transition into the sidewalk shall meet minimum ADA accessibility slope standards. H. INFRASTRUCTURE PAGE 11 OF RESOLUTION NO. 126-97 Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated January 9, 1997. Drainage 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 & Water Conservation District (CCCFC & WCD). 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 by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 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. 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 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town 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 12 OF RESOLUTION NO. 126-97 10. All new utilities required to serve the development shall be installed underground. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. I. MISCELLANEOUS * 1. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant may apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan DP 96-41 application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. The trash area located in the north eastem comer of the building shall be made available to all building tenants. The applicant shall relocate the existing "4 Hour Parking" sign toward the edge of the sidewalk frontage. This shall be completed along with other required sidewalk improvements along Railroad Avenue and prior to occupancy. A Land Use Permit shall be filed and approved by the Town prior to the use of the outdoor patio area for outdoor seating. The total number of outdoor seats will be limited to 25% of the maximum number of interior seats. An appurtenant ingress/egress Grant of Easement, for access over the subject property's "half" of the driveway, shall be executed by the PAGE 13 OF RESOLUTION NO. 126-97 applicants/developer(s) in favor of the owners of The Danville Hotel Territory property, prior to the issuance of a Building Permit. This Grant of Easement agreement shall be offered to Mr. Ralph M. Dyssegaard, Receiver for The Danville Hotel Territory (First Western Management Company v. United States, etc., et al., United States District Court (N.D.Cal.) Case No. C-93-361- JLQ). The Receiver for The Danville Hotel Territory is not obligated to accept said Grant of Easement without obtaining approval of the United States District Court. The said Grant of Easement shall not be recorded until and unless the United States District Court approves and authorizes acceptance and recordation of said instrument. APPROVED by the Danville Town Council at a Regular Meeting on September 3, 1997, by the following vote: AYES: Doyle, NOES: None ABSTAIN: None ABSENT: None Waldo, Arnerich, Greenberg, Shimansky APPROVED AS TO FORM: CITY ATTORNEY CITY CLERK f:\planning\willimns\applicat. ion\dp\dp96_4 l\tc_reso.rev PAGE 14 OF RESOLUTION NO. 126-97