HomeMy WebLinkAbout2017-05RESOLUTION NO. 2077-05
AppRovrNG DEVELOPMENT PLAN REQUEST DEVL6-0L21 ALLOWTNG FOR
THE CONSTRUCTION OF A 1,905 +/- SQUARE FOOT SECOND-STORY
ADDITTON TO AN EXISTING L0,725 +/- SQUARE FOOT COMMERCIAL
BUILDING LOCATED AT 1"90 HARTZ AVENUE (APN: 200-1.90-022)
WHEREAS, WILIAM WOOD ARCHITECTS (Applicant) and JOHN DEVINCENZI
(Owner) have requested approval of a Development Plan request (DEV16-0121) to allow
for the construction of a1,,905 + f - square foot second-story addition to an existing 10,725
+ f - square foot commercial building; and
WHEREAS, the subject .6 acre site is located at 190 F{artz Avenue and is further identified
as Assessor's Parcel Number 200-190-022; and
WHEREAÐ the Town of Danville Downtown Business District Ordinance requires
approval of a Development Plan application prior to new commercial development; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March'1"4,2017; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Acü and
WHEREAS a staff report was submitted recommending that the Planning Comrnission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves
Development Plan request DEV16-0121, per the conditions contained hereirç and makes the
following findings in support of this action:
2.
Development Plan:
1 The proposed project is consistent with the Danville 2030 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 1"8 months from the
effective date of the Development Plan approval.
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 off-site
parking and access to the municipal parking lots locateð 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 upory the adjacent or
surrounding development.
CONDITIONS OF APPROVAL
Conditions of Approval with an asterisk 1"t"') inthe 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
This approval is for Development Plan request DEV16-0L21 allowing for: for
the construction of. a 'I',,905 + f - square foot second-story addition to an
existing 10,725 + f - square foot commercial building. The addition would be
cantilevered over the property's parking lot. The site is located at 190 Hartz
Avenue. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
Site Plaru Floor Plans, Building Elevations, Roof Plan, and
details consisting of eight sheets, as prepared by William
Wood Architects, dated received by the Planning Division on
March 7,2017.
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PAGE 2 OF RESOLUTION NO. 2OI7.O5
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11.Storm Water Control Plan For a Small Land Development
Project dated March 2017.
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 final approval action. The following
fees estimates are due prior to building permit issuance:
1.. SCC Regional Fee
2. Commercial TIP Fee...........
3. Tri-Valley Transportation Fee...........
..fi 4,11.4.80
..98,572.50
$ 13,868.40
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Prior to the issuance of a grading or building permit, whichever occurs first,
the applicant shall reimburse the Town Íor notifying surrounding
neighboring residents of the public hearings for this project. The fee shall be
fi475.80 ($130.00 +1"30 notices X $0.83 per notice X 2 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 and the San Ramon Valley Unified School District have beery or will
be, met to the satisfaction of these respective agencies.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.fn. to 5:30 p.m. (Mondays throughFridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Officialforbuildingconstructionactivity. Prior to any
construction work on the site, including grading, the applicant shall install a
minimum 3' x3'sign at the project entry which specifies.the allowable
constructionwork days and hours, and lists the name and contactpersonfor
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 andf or the Chief Building Official, around the site during
construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines withmufflers which are in good conditioru and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
PAGE 3 OF RESOLUTION NO. 2OI7.O5
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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.
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's Planning Division
notified, and a professional archeologist certifiedby theSociety of California
Archeology andf 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.
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
appropriatãly separated from remaining additional construction activity.
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 beery 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 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.
Prior to approval of a building permit, all projects must conform to the
applicable Uniform Building Codes and the California building codes.
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PAGE 4 OF RESOLUTION NO. 2017.05
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B. SITE PLANNING
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C. LANDSCAPING
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D. ARCHITECTURE
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E. PARKING
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
lt All lighting shall be installed in such a marìner 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.
1 On-site landscaping and decorative hardscape shall be maintained in good
shape, with planting material refreshed or replaced as may be necessary to
address dead, failing or damaged planting material.
Final landscape and irrigation plans (with planting shown at1":20'scale)
with details on the raised planters shall be submitted for review and
approval by the Planning Division. The plan shall include commonnames of
all plant materials and shall indicate the size that various plant materials will
achieve within a five-year period of time.
tr All ducts, meters, air conditioning andf or any other mechanical equipment
(including San Ramon Valley Fire Protection District required water valves,
fire hook ups, post indicator valves, and reduced backflow devices) whether
on the structure or on the ground shall be effectively screened from view
with landscaping or materials architecturally compatible with the main
structures. The location of the above equipment/infuastructure shall be
shown on the building permit plans.
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.
PAGE 5 OF RESOLUTION NO.2017.05
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\A/here authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage.
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 shall ensure that no vehicle is parked in the parking stall
directly adjacent to (east of) the trash enclosure during anticipated solid
waste and recyclables removing periods. To implement this conditiory the
applicant shall include language in all tenant lease agreements that the
suþect parking stall is vacated ãuring trash and recycling collection times.
Prior to the issuance of building permits, the applicant shall provide
payment of the Town's Downtownoff-site parkinginJieu fee associatedwith
the project as established under the Town's Downtown Business District
Ordinance. This fee shall be subject to the off-site parking inJieu fees in effect
at the time that building permits for the project are secured. Based on the
current fee amounts, the off-site parking in-lieu fee for this development is
calculated to be $30,590.00. This fee is based on the '1.,905 +/- square foot
addition of office space, the three new on-site parking spaces proposed as
part of the project, and the need Íor 4.37 off-site parking spaces. If the land
use mix or intensity should change prior to the issuance of building permits,
the off-site parking in-lieu fee shall be adjusted accordingly.
A parkingmanagement plan shall be developed by the applicantto formalize
the timing and location of the loading and delivery activities of the project.
The plan shall be submitted for review and approval by the Development
Services Department, and is subject to further review and approval by the
Planning Division six months after occupancy. If necessary, the Planning
Division may require refinements to the parking management plan. The
plan shall also address the manner in which employee parking will be
managed (i.e., the location of employee parking, enforcement mechanisms
and the means that employee parking restrictions will be tied to individual
commercial leases). A goal of the plan shall be to maximize the availability
of proximate parking in the general area that is available for customer usage.
To implement this conditioru the applicant shall include language in all
tenant lease agreements and distribute a copy of the parking management
plan to the tenant.
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PAGE 6 OF RESOLUTION NO. 2017.05
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GRADING
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Any grading on adjacent properties will require prior written approval of
those property owners affected.
At least one week prior to commencement of grading and demolitioru 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
coÍrnence. 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,
noi$e 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 reconunendations outlined in the
project specific soils report shall be incorporated into the design of this
project. The report shall include specific recoÍunendations 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. 19-4). Restrictions include limiting construction
primarily to the dry months of the year (Muy 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,padberming, 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.
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PAGE 7 OF'RESOLUTION NO. 2017-05
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G. STREETS
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All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
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 constructiory 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 andf 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 (S\AIPPP). A NPDES construction permit may be
required, as determined by the City Engineer.
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.
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 inaccordance
with approved standards andf or plans and shall comply with the standard
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PAGE 8 OF RESOLUTION NO.2017-05
plans and specifications of the Development Services Department and
Chapters XII and XXXI of the Danville Municipal 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.
6. Public streets shall be improved to the standards in #G.4. above.
H. INFRASTRUCTURE
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 the District.
All wastewater shall be disposed into an existing sewet system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of the District.
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Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer andf or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
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.
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.
Sidewalk drains must be constructed in accordance with Contra Costa
County Standard Plan CD 06.
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.
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PAGE 9 OF RESOLUTION NO.2017-05
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The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits andf 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 inâccordance 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.
All new utilities required to serve the development shall be installed
underground.
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11,.All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCELLANEOUS
1.The project shall be constructed as approved. Minor modifications in the
desigrU but not the use, may be approved by staff. Any other change will
require Planning Comrnission approval through the Development Plan
review process.
2. As a part of the issuance of a demolition permit andf or building permit for
tüe 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 Building 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 f are being recycled according to their
recycling plaru or in an equivalent marìner.
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.
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PAGE 10 OF RESOLUTION NO. 2OI7-05
APPROVED by the Danville PlanningCommissionataregularmeetingonMarchl.4,2ïl7
by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Heusler, Radich, Verriere
NOES:
ABSTAINED:
ABSENT:
Chairman
APPROVED AS TO FORM:
" /Ì,i,rt{
City Attorney Chief
PAGE 11 OF'RESOLUTION NO. 2OI7.O5
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