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HomeMy WebLinkAbout2019-08RESOLUTION NO. 2019.08 AppRovING A DEVELOPMENT PLAN REQUEST DEVL9-0008 ALLOWING THE . RENOVATION AND REMODEL OF AN EXISTING 74,182 SQUARE FOOT COMMERCIAL BUILDING ON A 0.61. ACRE SITE LOCATED AT 2OO HARTZ AVENUE (sll,vlo QUATTRO, LLC) WHEREAS, SILVIO QUATTRO (Owner) and FCGA ARCHITECTS (Applicant) have requested approval of a Development Plan request DEV19-0008 to allow the renovation and remodel of an existing 1.4,182square foot commercial building on a 0.61 acre site; and WHEREAS, the site is located at 200 Hartz Avenue, and further identified as Assessor's Parcel Number APN: 200-212-017; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301,, Class 1, Existing Facilities; and WHEREAS, the Planning Commission did review the project at a duly noticed public hearing on July 23,2019; 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 Planning Commission approve the requesü and WHEREAS, the Planning Commission did hear and consider all reports, recomtnendations, and testimony submitted in writing and presented at the hearing; no\M, therefore, be it RESOLVED, that the Planning Commission of the Town of Danville approves Development Plan request DEV19-0008 per the conditions contained hereir¡ and makes the following findings in support of this action: FINDINGS OF APPROVAL The applicant intends to obtain permits for construction within eighteen months from the effective date of plan approval. The proposed development plan is consistent with the General Plan in that, the proposed project substantially conforms with the Downtown Master Plan and Danville's 2030 General Plan Economic Development Policy No. 9.02 which states: 1 2. 3. "sustain Downtown Danville as the retail center of the community. Provide opportunities to extend the pedestrian-oriented retail character of Old Town Danville to other parts of Downtown." The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that tralfic congestion will not likely be created by the proposed center or will be obviated by: a. Presently project improvements; b. Proper entrances and exits; c Internal provisions for fraffic and parking; and 4. 5 d. That the development will be an attractive and efficient center which will fit harmoniously into and will not have adverse effects upon the adjacent or surrounding development. The proposed project will conform to the architectural design criteria and applicable development standards set forth by DBD Area 1 and Area 4 zoning regulations. The project will fit harmoniously into the Downtown and will be consistent with the intent and purpose of development envisioned for DBD Area 1 and Area 4. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) itt 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 demolition permits, grading permits or building permits (as determined appropriate by the Planning Division). Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for Development Plan request DEV19-0008 allowing the renovation and remodel of an existing -1.4,182 square foot commercial building on a 0.6-1, acre site located at 200 Hartz Avenue. Development shall be substantially as shown on the project drawings titled "200}{artz AvenrLe," as prepared by FCGA Architects and by Camp & Camp Associates 1. PAGE 2OF RESOLUTION NO. 201.9.08 *2. 3. 4 tç tr (Landscape Plan), dated April 10, 2019, except as may be modified by conditions contained herein. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays throughFridays), 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 constructionwork 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. Prior to issuance of a demolition permit, grading permit, or building permit (whichever comes first), the applicant shall reimburse the Town for costs incurred for the provision of public notification for the project as following: Public notification of property owners within 750-foot radius: fi231 l(152 notices x $0.83 per notice) + ($105)1. 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 and the San Ramon Valley Unified School District have beery or will be, met to the satisfaction of these respective agencies. If during the course of project constructiory archaeological resources or human remains are discovered, work shall be halted within 20 feet of the find until a qualified professional archaeologist can evaluate it. Work shall not reconìmence until the project archaeologist has submitted documentation to the Town indicating that discovered resources have been adequately salvaged and no further resources have been identified within the area of disturbance. Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the Public Resources Code of the State of California, in the event of the discovery of human remains during construction, no further excavation or disturbance shall be conducted on the site or any nearby area reasonably suspected to overlie adjacent remains. The Contra Costa County Coroner shall be notified and make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to his authority, he shall notify the Native American Heritage Commission who shall attempt to identify descendants of the 5 6. PAGE 3 OF RESOLUTION NO. 2019-08 tr 7 I deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the land owner shall re-inter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. The applicant shall provide security fencing as determined necessary and, to the satisfaction of the City Engineer and/or the Chief Building Official, around the construction site during construction of the project. 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. The applicant 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 Danville Development Services Department prior to the issuance of a demolition permit, grading permit, or building permit. No staging or storage shall occur in the public right-of-way or on publically owned property unless preauthorizationis secured from the Engineering Division through review and issuance of an encroachment permit. 9 B. SITE PLANNING 1 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Danville Development Services Department prior to the issuance of a building permit. Unless determined not feasible, such transformers shall not be located between any street and the front of a building and shall be adequately screened and mitigated with appropriate landscaping. Exterior wall-mounted lighting shall be at the minimum lighting intensity necessary to provide adequate lighting for safety and security purposes. Project light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting. Prior to the issuance of building permits, the applicant shall submit a photometric plan as part of the lighting plan that indicates lighting locations and fixture details and provides the corresponding photometric information. This plan shall be PAGE 4 OF RESOLUTION NO. 201.9-08 subject to review and approval by the Danville Development Services Department and the Design Review Board (DRB). If required by the Planning Division andf or the DRB, field modifications found necessary to prevent inappropriate levels of off-site light intrusion and/or glare shall be made. C. LANDSCAPING 1* ,r * * 2. 3 4. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division and the Design Review Board. 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. The irrigation system shall comply with East Bay Municipal Utility Districls Section 31 Water Efficiency requirements, including use of a weather-based confroller with soil moisture probe and rain-shutoff switch. All trees shall be a minimum of L5-ga11on 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 shall be L0 or 15- gallon container size shrubs. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or covered with mulch. All proposed ground cover shall be placed so that it fills in within two years. The Final Landscape and Irrigation Plans submitted for the Project shall be accompanied by a written report prepared by the Project Landscape Architect documenting how the plans comply with applicable outdoor water-use efficiency recoÍìmendations and requirements in place at the time of their submittal. The report shall, at a minimum, speak to conformance to applicable East Bay Municipal Utility District (EBMUD) recoÍunendations and requirements and the State of California Department of Water Resources requirements that would pertain to the project regarding the Water Conservation in Landscaping Act of 2006 (AB 1881). 5 PAGE 5 OF RESOLUTION NO. 2019-08 6. 7 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. The project frontages shall be improved to include street trees, brick banding, and street lights in compliance with the Town's Old Town Beautification Plary as determined by the Town. All ducts, meters, air conditioning andf or any other mechanical equipment, whether on the building or on the ground, shall be effectively screened from view with landscaping or materials architecturally compatible with the main buildings. Trash, refuse and recycling shall be contained within trash/recycling enclosures that are architecturally compatible with the project architecture. The trash/recycling area shall have lockable and self-closing doors. Prior to initiating the application for building permit, the applicant shall document to the Town's satisfaction that adequate coordination has been made with the project site's solid waste purveyor to verify that the planned trash/recycling aÍeas are appropriately sized and located to handle projected trash and recycling generation levels for the project. The trash/recycling area shall be designed so as not to allow stormwater run- off to enter the area from adjacent surfaces nor to allow wastewater originating from the area to seep outside the area. The area drains for the trashf recycling areas shall be connected to the sanitary sewer, not the storm drain system. The trash/recycling enclosures shall be equipped with hot and cold water supplies. The project trash/recycling program shall include provision for on-site shared collection bins for compostable waste. No window tinting is permitted in any storefront windows or doors without prior authorization by the Planning Division. A Master Sign Program shall be required to establish guidelines to ensure a consistent format that will enhance the overall appearance of the building and attain good exposure to the public in a way that is architecturally compatible with the architecture of the project. The Master Sign Program shall require prior review and approval of a separate sign application by the Design Review Board. D tr 2. 3. 4 PAGE 6 OF RESOLUTION NO. 2019-08 5. E. PARKING 1 tr 2. *3. 4. 6. 7 All temporary signage utilized by the tenants in this retail center shall conform to the standards for temporary business signage contained within the Town's Sign Ordinance. Mock-up samples of proposed exterior paint colors shall be provided for review and approval by the Design Review Board prior to the painting of the building. Final architectural elevations, details and revisions, presented in construction plan detail, shall be submitted for review and approval by the DRB prior to issuance of building permits for the project. Ten full size sets of progress construction drawings for the project shall be submitted for the review. To the extent feasible, the project developer shall install bicycle storage facilities serving the project. The exact location, size and configuration of the bicycle storage facilities shall be subject to review and approval by the Planning Division prior to the issuance of building permits. 8. ,r Al1 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 and to avoid narrowing abutting walkways to an inappropriate clear width dimension. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking. Compact spaces shall be no less than 8 feet by 16 feet in size, inclusive of an allowable 2 foot maximum overhang. Regulatory signage / curb painting for non-parking sections of the interior roadways shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the Transportation Division. This development will result provide 25 on-site parking spaces, a loss of four existing on-site parking spaces. The shopping center also has an existing credit of 1.4 off-site parking spaces, based on most recent tenant occupancies. If the mix of uses which occupies the shopping center results in a higher parking demand the this previous mix of tenants (including the loss of four on-site spaces, the owner will be subject to the payment of the Town's off-site parking inJieu fee which may be in effect at the time. Any PAGE 7 OF RESOLUTION NO. 2019.08 5. fees will be due at the time that a tenant improvement building permit or business license is issued resulting in the additional off-site parking need. A parking management plan shall be developed by the applicant to 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 conditiory the applicant shall include language in all tenant lease agreements and distribute a copy of the parking management plan to the tenant 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 water system in accordance with the requirements of the District. 2.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. 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. F * & * tr tr 4. 5 3. Stormwater entering or originating within the project site shall be collected and conveyed via an approved storm drain facility to the nearest adequate man-made drainage facility or adequate natural watercourse, without diversion of the watershed (unless otherwise authorized by the City Engineer). The project developer shall furnish proof to the Engineer Division 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. PAGE 8 OF RESOLUTION NO. 201.9-08 ?k * 6 7 All new utilities required to serve the development shall be installed underground in accordance with the Town policies ald existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company'standards or in public streets. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. The applicant shall obtain an encroachment permit from the Engineering Division or the Contra Costa County Public Works Department prior to commencing any construction activities within any public right-of-way or easement. 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 prohibited. A^y damage to street improvements now existing or done during construction on or adjacent to the project site shall be repaired to the satisfaction of the Engineering Division by the developer. As determined warranted by the Engineering DivisiorL such repair may include slurry seal; pavement overlay; andf or street reconstruction. Prior to commencement of any site worþ the project developer shall establish baseline preconstruction roadway conditions in a manner satisfactory to the City Engineer for that portion of Hartz Avenue, East Linda Mesa, and Rose Street that would potentially be impacted by construction and for the private roadways that would be retained after project construction on the subject property and the two abutting commercial properties between the main development area on the project site and the surrounding streets. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards andf or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. tç G. STREETS 1 *2. tr ^J. 4. *5 PAGE 9 OF RESOLUTION NO.201.9-08 Appropriately designed and constructed disabled access ramps shall be provided at all pedestrian street .and driveway crossing locations, as required by the Engineering Division or the Building Division. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. I No concentrated drainage shall be permitted to surface flow across sidewalks. H. 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 Planrring Commission approval through the revised final Development Plan review process. * * * * * 2. ıJ 4. 6 7 tr Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Towry 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 shall 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 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. In conjunction with the submittal for a project demolition permit andf or a building permif the project developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated fróm land clearing on the site, consistent with Chapter 10-10 of the Danville Municipal Code. Prior to obtaining framing inspection approval for the project, the developer shall provide the Planning Division PAGE 1-O OF RESOLUTION NO. 201,9-08 *5 with written documentation (e.g., receipts and records) documenting that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to the approved recycling plan or in an equivalent manner. In conjunction with observance of the approved recycling plan, developer shall have the responsibility to document proper recycling/ disposal of fluorescent light bulbs and ballasts, security light bulbs, electrical switches, and other demolition by-product containing mercury, PCBs, refrigerants, etc. in accordance with applicable regulations. As appropriate, a California licensed hazardous waste hauler shall conduct transportation of these items from the site. The project is in the San Ramon Creek watershed. The project shall mitigate the impact of additional stormwater runoff from dLvelopment on -San Ramon Creek by either of the following methods: a.Remove 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek for each 50 square feet of new impervious surface area created by the. development. All excavated material shall be disposed of off-site by the project developer at his own cost. The site selectiorç land rights, and construction staking will be performed by the Contra Costa County Flood District & Water Conservation District (FC District). or, upon written request by the project developer: b Provide for a cash payment in lieu of actual excavation and removal of material from the inadequate portion of San Ramon Creek. The cash payment will be calculated at a rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the FC District's standard impervious surface area ordinance. The FC District will use these funds to work on San Ramon Creek annually. The mitigation fee for this project will be based on the increase of impervious area. The project developer shall supply a worksheet to the FC District, which includes a scalable map that shows the square footage of the existing and proposed impervious areas. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site 6. PAGE 11 OF RESOLUTION NO.2019-08 design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas, treatment (Best Management Practices) BMPs, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants. 7 The property owner shall be responsible for maintenance and maintain the following: a.Landscaping, including street trees, plant material on corner of site, and within parking lot. b. Bicycle tacks, benches, and seat walls. APPROVED by the Danville Planning Commission at a regular meeting onJuly 23,2019 by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: CITY ATTORNEY Bowles, Combs, Graham, Havlik, Haberl, None None Truiillo ATTEST: CHIEF G PAGE 12 OF RESOLUTION NO. 2019-08