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HomeMy WebLinkAbout068-99RESOLUTION NO. 68-99 APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, GENERAL PLAN AMENDMENT REQUEST GPA 99-01, AND APPROVING FINAL DEVELOPMENT PLAN REQUEST DP 98-18, ALLOWING THE CONSTRUCTION OF A TWO-STORY 10,700 +/~ SQUARE FOOT COMMERCIAL BUILDING ON A 0.37 +/- ACRE SITE LOCATED AT 128 HARTZ AVENUE (APN: 200-190-022) WHEREAS, Jeff Woods and Robert Enea (Owners/Applicants) have requested approval of General Plan Amendment (GPA 99-01), Preliminary Development Plan-Rezoning (PUD 99-02), and Final Development Plan (DP 98-18) requests to construct a two-story 10,700 +/- square foot retail/office building on a 0.37 +/- acre site; and WHEREAS, the subject site is located at 128 Hartz Avenue and is further identified as Assessor's Parcel Number 200-190-022; and WHEREAS, the Town of Danville Municipal Code requires approval of a General Plan Amendment request prior to approval of a change in the land use designation of property; and WHEREAS, the Town of Danville Municipal Code requires approval of a Rezoning request prior to approval of a change in the zoning designation of property; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan request prior to the establishment of a new retail/office building; and WHEREAS, the Planning Commission did review and recommend the Town Council approve the project at a noticed public hearing on April 13, 1999; and WHEREAS, the Town Council did review the project at a noticed public hearing on May 4, 1999; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that mitigation measures and/or modifications to the proposed project have been required which would mitigate potential impacts to a less than significant level; 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 Town Council approve the request; 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 Town Council approve adopt a Mitigated Negative Declaration of Environmental Significance and approve General Plan Amendment (GPA 99-01), Preliminary Development Plan-Rezoning (PUD 99o02), and Final Development Plan (DP 98-18) requests per the conditions contained herein, and makes the following findings in support of this action: General Plan Amendment 1. The General Plan Amendment is consistent with the Goals and Policies of the General Plan. 2. The General Plan Amendment will not adversely effect the preservation of present aesthetics and other community qualities. 3. The General Plan Amendment will not adversely effect the Town's ability to maintain high-quality public facilities and services. 4. The General Plan Amendment will not adversely effect the quality of life within existing developed areas of the community. 5. The General Plan Amendment will not adversely effect the harmony between Danville's development and it's physical setting. Rezoning 1. The proposed Rezoning will substantially comply with the General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. Final Development Plan 1. The applicant intends to obtain permits for construction within twelve (12) months from the effective date of plan approval. PAGE 2 OF RESOLUTION NO. 68-99 2. The proposed development plan is consistent with the General Plan. o The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and traffic congestion will be obviated by: Presently projected improvements; Properly located entrance and exit; Internal provision for traffic circulation and parking; The development will be an attractive and efficient center which will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 General Plan Amendment (GPA 99-01), Rezoning (PUD 99-02), and Final Development Plan (DP 98-18) requests allowing: a, The change in the property's land use designation from Downtown Master Plan/Business District 4 to Downtown Master Plan/Business District 2; b, The change in the property' s zoning designation from Downtown Business District 4 to P-1; Planned Unit Development District; Co The construction of a two-story 10,700 +/- square foot retail/commercial building on a 0.37 +/- acre property identified as 128 Hartz Avenue (APN: 200-190-022). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 3 OF RESOLUTION NO. 68-99 Development Plan, Site Plan, Building Elevations, Roof Plan, Signage Program, and Site Lighting Plan, consisting of 8 sheets, as prepared by William Wood Architects and dated received by the Planning Division on April 23, 1999. ii. Conceptual Landscape Plan, consisting of 1 sheet, as prepared by Borrecco/Killian & Associates, Inc., and dated received by the Planning Division on April 23, 1999. 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 ($42,800), Parking In-lieu fee (please see Condition E3 for more details), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and Benefit Districts fees. , Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $73 1.25 (183 notices X $0.75 per notice X 4 mailings). Prior to the issuance a building permit, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated March 11, 1998. , 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 Califomia 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 PAGE 4 OF RESOLUTION NO. 68-99 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 intemal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 10. 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. 11. All physical improvements shall be in place prior to occupancy. 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 Division. No portion of the structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. 12. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report, detailing how each condition of approval for this project has been, or will be, complied with. This report shall be submitted with the building permit application for the review and approval of the Planning Division. This report shall list each condition .of approval followed by PAGE 5 OF RESOLUTION NO. 68-99 a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 13. Prior to approval of a building permit, all projects must conform to the applicable Uniform Building Codes and the California building codes. * 14. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. 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. Prior to the issuance of a building permit, the applicant shall revise the project plans to increase the building setback along the Hartz Avenue frontage. The applicant shall remove two feet of building depth for a minimum of 67 linear feet along the Hartz Avenue elevation (for both the first and second floors). Final design of the building is subject to review and approval by the Town's Design Review Board. 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. 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. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed PAGE 6 OF RESOLUTION NO. 68-99 common landscaped areas. All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. , All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. Prior to the issuance of a building permit, the applicant shall revise the final landscape plans to include a minimum of four street trees along Hartz Avenue and two street trees along Linda Mesa Avenue. The final landscape plan is subject to review and approval by the Design Review Board prior to the issuance of a building permit. The bulb-out shown on the project plans shall be constructed during the implementation of the diagonal parking scheme along North Hartz Avenue as part of a future Capital Improvement Program project. The applicant is not responsible for the installation of this bulb-out. However, the applicant shall position all street trees such that the streetscape is easily retrofitable with the future installation of the bulb-out. 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 enclosures architecturally compatible with the project architecture. Enclosure design shall include six-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. 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. 3. The street numbers for each structure in the project shall be posted so as to be PAGE 7 OF RESOLUTION NO. 68-99 easily seen from the street at all times, day and night. 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 preliminary approval by the Design Review Board prior to issuance of building permits for the project. Final approval is subject to review of color mock- ups at the project site, prior to completion of final building inspection. The project signage is subject to the rules and regulations detailed in the project' s Master Sign Program. The project's Master Sign Program will consist of awning signage and/or sign fascia signage. The following is a summary of the Master Sign Program and is described as follows: a, Single First Floor Tenant: If there is only one first-floor tenant, then the single tenant shall utilize the central sign fascia area located above the awnings, facing Hartz Avenue. Multiple First Floor Tenants: If there is more than one first-floor tenant, then all tenants shall utilize the awning signage facing Hartz Avenue. No tenant shall be able to use the sign fascia. C, Single Second Floor Tenant: If there is only one second-floor tenant, then the single tenant shall utilize the central sign fascia area located above the awnings, facing Linda Mesa Avenue. d. Multiple Second Floor Tenants: If there is more than one second floor tenant, then the "major" office tenants shall utilize the awning signage facing Linda Mesa Avenue. Minor office tenants shall utilize a 12-inch x 12-inch plaque which faces Linda Mesa Avenue. No tenant shall be able to use the sign fascia. A building identification sign, consisting of either the building name or address, is permitted on the brick rotunda. This signage shall be constructed of fabricated metal letters, shaped to follow the curvature of the building. Individual "can" lettering (e.g., the Blockbuster signage on the Iron Horse Plaza) shall not be PAGE 8 OF RESOLUTION NO. 68-99 permitted. Only indirect illumination of this building identification sign is permitted. Tenant signage shall not be permitted on this brick rotunda. No signage shall be permitted on the awnings located on the coruer brick rotunda. No intemally illuminated or rear-illuminated signage shall be permitted. Final building signage shall be subject to review and approval by the Design Review Board. , Any future color changes and re-roofing changes are subject to the review and approval of the Town' s Design Review Board. 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 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. Prior to the issuance of a building permit, the applicant shall pay an offsite parking in-lieu Jke. The offsite parking in-lieu fee is calculated to be $106,650, based on first floor retail/restaurant uses and second floor office uses. If the land use mix shouM change and result in a higher parking in-lieu jbe, the fee shall be recalculated based on the new land use mix. The applicant shall install a sign on the northern property fence, facing the parking stall which is immediately adjacent to the trash enclosure, which defines the times that the parking stall must be vacated in order to permit the collection of solid waste and recyclables. The applicant may elect to pay the parking in-lieu fee in two payments. One half of the in-lieu shall be paid prior to the issuance of a building permit. The latter half of the in-lieu fee shall be paid prior to occupancy of the structure. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 9 OF RESOLUTION NO. 68-99 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, to the homeowner associations of nearby residential projects 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 and/or other applicable environmental reports, 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 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 modem design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 10 OF RESOLUTION NO. 68-99 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. * 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concems. 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. 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. Parking lot 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. 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. 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 PAGE 11 OF RESOLUTION NO. 68-99 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. * 7. Public streets shall be improved to the standards in/tG.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in ~A. 1. above and shall conform to Standard Plan 104 a & b. * 8. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attomey prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. 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 (EBMUD) water system in accordance with the requirements ofEBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated March 9, 1998. 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 March 5, 1998. 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. PAGE 12 OF RESOLUTION NO. 68-99 All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. All runofffrom 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. 10. 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. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 15 OF RESOLUTION NO. 68-99 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 approval through the Development Plan review process. Use of a private gated entrance or barrier, prohibiting public access to the parking lot, is expressly prohibited without the review and approval of the Town. , The proposed project shall conform to the Town' s Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. The applicant shall ensure that no vehicle is parked in the parking stall directly adjacent to (east of) the trash enclosure during anticipated solid waste and recycling removal periods. To implement this condition, the applicant shall include language in all tenant lease agreements that the subject parking stall is vacated during trash and recycling collection times. If outdoor seating is requested, the applicant shall obtain a Land Use Permit, subject to the review and approval of the Planning Division. Approval of outdoor seating shall be limited to a maximum of 25 percent of the number of indoor seats within the restaurant. If outdoor seating is permitted through the approval of a Land Use Permit, the hours of use of the outdoor seating area shall be limited to the hours between 7:30 a.m. and 11:00 p.m. 7. To ensure that the developments on this block shall result in a logical parking layout and circulation pattern, the applicant shall execute and record a Grant of Easement agreement for cross access, in favor of all other adjoining properties on the block. This easement shall be recorded against the subjectproperty prior PAGE 14 OF RESOLUTION NO. 68-99 to the issuance of a building permit This agreement shah not be epctuated until a reciprocal cross access agreement has been granted by at least one adjacent property owner which bene~ts fi~om this agreement. In connection with the filing and application for any approvals for the development of the remaining parcels on this block, the Town shall then require a similar Grant of Easement agreement from those applicants for cross access purposes in favor of this subject property, thereby "completing" the cross-access agreement over a span of time. The applicant shall provide a trash enclosure on the Hartz Avenue street frontage, which shall match the existing "tile art" trash enclosures used in the downtown area. o The applicant shall revise the project architecture such that the stucco elements are minimized (i.e., by introducing wood elements to the building's architecture). APPROVED by the Danville Town Council at a regular meeting on May 4, 1999 by the following vote: AYES: Arnerich, NOES: None ABSTAIN: None ABSENT: None Greenberg, Doyle, Shimansky, Waldo APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 15 OF RESOLUTION NO. 68-99