HomeMy WebLinkAbout006-05RESOLUTION NO. 6-2005
DENYING THE APPEAL BY DANVILLE OFFICE PARTNERS LLC AND
UPHOLDING THE PLANNING COMMISSION'S ADOPTION OF A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL
OF DEVELOPMENT PLAN REQUEST DP 2004-21 AND
LAND USE PERMIT REQUEST LUP 2004-20
(387 DIABLO ROAD - DIABLO VALLEY BANK)
WHEREAS, WILLIAM WOOD ARCHITECTS (Applicant) and DIABLO VALLEY BANK
(Owner) has requested approval of Development Plan request DP 2004-21 and Land Use
Permit request LUP 2004-20 allowing the construction of an 8,830 +/- square foot
commercial/office building with drive-thru bank window; and
WHEREAS, the subject .66 +/- acre site is located at 387 Diablo Road and is further
identified as Assessor's Parcel Number 216-120-035; and
WHEREAS, the Town of Danville Downtown Business District Ordinance require s
approval of a Development Plan application prior to the construction of a new commercial
office building; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires
approval of a Land Use Permit application prior to the operation of a drive-thru facility;
and
WHEREAS, the Planning Commission did review and unanimously approved the project
at a noticed public hearing on November 23, 2004; and
WHEREAS, the Town received a letter from Reed Smith LLP, representing Danville Office
Partners, LLC, appealing the Planning Commission's approval of the Development Plan
and Land Use Permit; and
WHEREAS, the Town Council did 'review the appeal of the Planning Commission
approval of the Development Plan and Land Use Permit during a noticed public hearing on
February 1, 2005; and
WHEREAS, a staff report was submitted recommending that the Town Council deny the
appeal; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for
this project indicating that no significant environmental impacts are expected to be
associated with this .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 upholds the Planning Commission's adoption
of a Negative Declaration of Environmental Significance and approval of Development
Plan request DP 2004-21 and Land Use Permit request LUP 2004-20 per the conditions
contained herein, and makes the following findings in support of this action:
Downtown DevelopmentPlan
The applicant intends to obtain permits for construction within 18 months from the
effective date of plan approval.
The proposed development is consistent with the' Danville 2010 General Plan and
the Downtown Master Plan.
o
'The proposed development is appropriate at the proposed location and will provide
commercial/office facilities, which will result in a benefit to the community.
The development will be an attractive and efficient development that will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
The proposal will not be detrimental to the health, safety, and general welfare of the
Town.
Land Use Permit
1. The proposed land use will not be detrimental to the health, safety, and general
welfare of the Town.
2. The land use will not adversely affect the orderly development of property within
the Town.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policy and goals as setby the 2010 General
Plan.
PAGE 2 OF RESOLUTION NO.6-2005
The land use will not create a nuisance and/or erkforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
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
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 request DP 2004-21 and Land Use
Permit request LUP 2004-20 involving the construction of an 8,830 +/- square
foot commercial/office building with a drive-thru bank window, located at
387 Diablo Road. Development shall be substantially as shown on the project
drawings as follows:
ao
Floor Plan, Elevations, and Preliminary Landscape Plan labeled "Diablo
Valley Bank," as prepared by William Wood Architects, consisting of 6
sheets, dated received by the Planning Division on October 25, 2004.
°
The applicant shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured, and shall be
paid prior to issuance of said permit and prior to any Town Council final
approval action. In addition to plan checking and inspection fees, notice
should be taken specifically of:
Child Care Facilities Fee ($0.25/sq.ft) .................... $1,043.50
Excavation Mitigation Fee ($0.10/sq.ft.) ............... $ 417.40
SCC Regional Fee ($1.51/sq.ft.) ............................... $ 6,302.74
Commercial TIP Fee ($4.50/sq.ft.) .......................... $18,783.00
Tri-Valley Transportation Fee ($3.11/sq.ft.) .........$12,981.14
o
Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $106.50 (71 notices X 2 sets of notices X $0.75 per notice).
PAGE 3 OF RESOLUTION NO.6-2005
o
Prior to the issuance of grading or building permits, 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 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 (project has been found to be "de Minimus,' indicating that there is
no potential for an adverse effect on wildlife resources or the habitat upon
which the wildlife depends). This check shall be made payable to the Contra
Costa County Recorders Office and shall be submitted to the Town within
five days of project approval.
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. Prior to
any construction work on the site, including grading, the applicant shall
install a minimum 3' x 3' sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job.
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.6-2005
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.
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 workdays. Dust-producing activities shall be
discontinued during high wind periods.
11.
As part of the initial plan check, and/or building permit review process
(whichever occurs first), the applicant shall submit a written Compliance
Report detailing how the conditions of approval for this project have been
complied with. This report shall list each condition of approval followed by
a description of what the applicant has provided as evidence of compliance
with that condition. The applicant must sign the report. The report is subject
to review and approval by the City Engineer and/or Chief of Planning
and/or Chief Building Official, and may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval.
12.
Planning Division approval is required prior to final occupancy being
authorized by the Building Division.
13.
The property owner shall create a construction staging plan that addresses
the ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Planning Division prior to the issuance of a grading permit or building
permit.
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.
PAGE 5 OF RESOLUTION NO.6-2005
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.
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
lawn areas within the project shall not exceed a maximum of 25 percent of
the 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. A
minimum of 25% of the true shrubs planted in the project (i.e., not including
Lily of the Nile, Tawny Day Lily and equivalent) shall be 10 or 15-gallon
container size shrubs.
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.
Existing Chinese Elm trees along the frontage of the property that are not in a
healthy condition shall be removed and replaced with a species of oak that
can tolerate regular irrigation of the surrounding turf area, subject to the
review and approval by the Town.
ARCHITECTURE
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.
Trash and refuse from the new commercial building shall be contained
within an enclosure 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 shall be self-
PAGE 6 OF RESOLUTION NO.6-2005
closing and self-latching. Prior to issuance of a building permit, the applicant
shall document that the trash/recycling area is appropriately sized and
located. The trash and recycling area 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 shall be connected to the sanitary sewer, not
the storm drain system:
o
The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
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. Genuine slate is approved for the roof
material, "Desert Adobe" Coolstone, black window trim, and Kelly Moore
green "AC54-N" for the gutters. "Fuller Obrien Oyster Gray" for the stucco
body shall be reviewed in the field before final approval.
Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board (DRB) prior to issuance of
building permits for the project. Six full sized sets of construction drawings
for the project shall be submitted to the Planning Division for DRB review
concurrent or prior to the applicant initiating the Building Division plan
check process.
Color mock-ups, particularly of the "Fuller Obrien Oyster Gray," shall be
made available at the project site prior to scheduling the project for final
Design Review Board review.
A comprehensive sign program shall be submitted to the Town for
consideration under a separate Master Sign Program Review application for
review and approval by the Design Review Board prior to issuance of
building permits for the project.
Both the proposed architectural elevations as well as the alternate elevation
shown on Plan Sheet A4.1, showing a higher front entry element, are
approved as part of this project. Either design may be constructed at the
discretion of the applicant.
PARKING
1. All parking spaces shall be striped and provided with wheel stops unless
PAGE 7 OF RESOLUTION NO.6-2005
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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.
The site plan shall provide a minimum of 39 spaces, of which two are
handicap accessible stalls, four are compacts stalls, and the remaining 33 are
standard stalls.
GRADING
o
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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's 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 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
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.
PAGE 8 OF RESOLUTION NO.6-2005
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). 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.
* 9.
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). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. 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.
PAGE 9 OF RESOLUTION NO.6-2005
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.
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 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 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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
If found necessary by the Town to prevent cars that are entering the site to
use the drive-thru bank window from blocking the parking drive aisle, the
applicant shall be required to install appropriate additional signage and/or
pavement marking to the satisfaction of the City Engineer, along the east
elevation of the building, within the parking lot at the center drive aisle, and
the exit aisle.
Ho
INFRASTRUCTURE
Domestic water supply shall be fr'om an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water
system in accordance with the requirements of District.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
PAGE 10 OF RESOLUTION NO.6-2005
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Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer.
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 systems 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.
o
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.
o
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.
o
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.
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.
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
PAGE 11 OF RESOLUTION NO.6-2005
require Planning Commission approval through the Development Plan
review process.
As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g., receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
* 3.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-construction Best Management Practices (BMPs) for
the site. For example, construction BMPs may include, but are not limited to:
the storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/equipment cleaning, maintenance
and fueling and stabilization of construction entrances. Training of
contractors 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.
APPROVED by the Danville Town Council at a regular meeting on February 1, 2005 by the
following vote:
AYES:
NOES:
ABSTAIN: - None
ABSENT: _ None
Doyle, Stepper, Andersen, Arnerich, Shimansky
- None
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 12 OF RESOLUTION NO.6-2005