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HomeMy WebLinkAbout2019-10RESOLUTION NO. 2019-10 APPROVING DEVELOPMENT PLAN REQUEST AND TWO VARIANCE REQUESTS TO ALLOW THE CONSTRUCTION OF A 2,677 +/- SQUARE-FOOT SECOND.STORY ADDITION, COMPLETE BUILDING FAçADE REMODEL, LANDSCAPE IMPROVEMENTS, AND A PUBLIC PIAZA LOCATED AT 301 HARTZ AVENUE (APN: 1,99-350-019) WHEREAS, ]ack & Sylvia Dudum (Owner) and William Wood Architects (Applicant) have requested approval of Development Plan request DEVL9-0011 and Variance Permit requests VAR19-0022 andvARlg-O023, which collectively seek authorization to allow the construction of a2,506 + f - square foot second-story additiorç complete building façade remodel,landscape improvements, and public plaza; and WHEREAS, with approval of Variance request VAR19-0022 t}:re Town authorizes development at a 115% maximum floor area ratio (FAR) where the otherwise allowable maximum FAR under DBD Area 1. zoningregulations would be 80% FAR; and WHEREAS, with approval of Variance request VAR19-0023) the Town authorizes the construction of four new building towers along the project site's F{aftz Avenue frontage that would result in observance of an 8.L' average front yard setback where DBD Area 1, zoningregulations would otherwise require observance of a minimum an average of 10 foot front yard setback WHEREAS, the project site is located at 301 Hartz Avenue, which fronts the intersection of Diablo Road andHartz Avenue and is further identified as Assessor's Parcel Number 199-350-019 and more commonly identified as the Clock Tower commercial center; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15303(c) New Construction or Conversion of Small Structures; and WHEREAS, the Planning Commission did review the project at a duly noticed public hearing on November 26,2019; 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, reconunendations, 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 DEV19-00LL and Variance Permit requests VAR19-0022 and VAR19-0023, per the conditions contained hereiry and makes the following findings in support of this action: FINDINGS OF APPROVAL Development Plan Request 1. The applicant intends to obtain permits for construction within eighteen months from the effective date of plan approval. 2. 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: "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 Downtowrr." The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by: a. Currently existing and proposed project improvements; b. Properly designed and located vehicular and pedestrian entrances and exits; c. Internal provisions for pedestrian circulation; and 3. 4. 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 would substantially conform to the architectural design criteria and applicable development standards set forth by DBD Area 1 zoning regulations, with the exception for a variance to authorize a115% maximum floor area ratio (FAR) and a variance to allow observance of an 8.1' average front yard setback along the project site's Diablo Road frontage. The project will fit harmoniously into the Downtown and will be consistent with the intent and purpose of development envisioned for DBD Area 1 - Old Town Retail. 5. PAGE 2 OF RESOLUTION NO. 2019.10 Variance Request 1,. The requested variances do not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located in that, grønting Varíance request VAR 19-0022 to allow abuilding øddition thøt tølces the project floor area røtio (FAR) to LL5% represents ø.13.2%+/- øddition to the existingproject - uthich alreødy høs a non-conforming FAR in Øccess of the DBD Areø 1 støndard of S0% FAR (i.e., has an existing FAR of 101,%+/) øndwouldresultin øpost-constructionFARaery compatible to otLter DBD Areø 1- commerciøI properties that shøre a project boundary with the Clock Touter MunicipøI Pørking Lot . Grønting ø further aøriønce to the otherutise allowøble FAR utill serae to support quølity deoelopment of the doutntoutn øreø ønd encourage the deaelopment of ø strong commerciøI core in the Old Toutn øreø of the Doutntoutn. Increøsing tlte møximum floor ørea ratio rpould support the existing restaurønt, retail, ønd ffice uses by improaing and enlørging tLrc trøsh enclosure ørea and ødding a second-story to support business ønd professionøl ffices uses on the second-floor. The granting the aariønce request does not constitute a grant of speciøl priailege inconsistent utith the limitøtions on other properties in the aicinity or utithin the DBD Area 1. Granting Vøriance request VARL9-0023 ntould authorize obseraønce of øn 8.1' øaernge front yard setback along the project site's Dinblo Roød frontøge uthere minimum L0 þot aaerage setbøck utould otherutise be required under DBD Area 1 reguløtions. The reduction to thz øaerøge front yørd setbøck utould not impede on the public right-of<oay nndproaides sufficient spnce for pedestrian trøael. T'læ toavr elements thøt represent neut construction øIong the Hnrtz Aaenue frontøge ønd uthich ntill result in a reduction of the existing, non- conforming aaerøge front yørd setback of 9.7' - ø 16.5%+/- reduction in the aaerage setbøck. A portion of the øreø proposed to be ødded utith the construction of the toarcr elements is at the northtast corner of the complex ønd would øllout proaision of nn eleaøtor access to the new ønd existing second-floor spøce in the project. Grønting the aøriance request does not constitute a grønt of special priailege inconsistent with the limitøtions on other properties in the aicinity or utithin DBD Area L. That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district in that, the proposed aøriance requests zttould result in ø project utith ø FAR and øaerøge front ynrd setback thøt wouldbe similør to other properties utithin DBD Areø L Old ønd øllowing deaelopment of new second story commercial spøce a)ould proaide ø post- construction condition comparøble to otlrcr properties in the aicinity. The Town has reaiewed the tuto aariance requests øndfinds thøt strict applicøble of the respectiae pertinent zoning reguløtions for urhich relief is sought utould deprioe the subject property of rights enj oye d by other propertie s in the aicinity ønd utithin D BD Area L. 2. PAGE 3 OF RESOLUTION NO. 2019-70 3.That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located in thøt, the authorizedaøriances would substantiølly meet the intent andpurpose of the respectiaelønd use district of the property by proaiding quality deaelopment of ø second story and ø public gøthering spøce for the community uthile only incrementølly increasing the current FAR condition present at the property Q.e., increase from 101%+y' FAR to 115%+/- FAR) ønd only incrementølly decreøsing the current aaerage ftont yørd setbøck condition (i.e., decreasing the aaerøge front yørd setback from 9.7' to 8.1')' CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) ir 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 The approvals for Development Plan request DEV19-00L0 Variance request VAR19-0022 and Variance request VAR19-0023 collectively authorize the construction of a2,677+ / - square foot second-story addition and a 173+ / - square foot ground floor trash enclosure at the Clock Tower commercial center at 301 Hartz Avenue. The approvals also authorize the existing commercial center to receive complete building façade remodel and landscape improvements and allow development of a new 3,853+ f - square foot public plaza. Approval of Variance request VAR19-0022 authorizes all increase in the project's floor area ratio (FAR) to 115% FAR. Approval of Variance request VAR19-0023 authorizes the construction of four new building towers along the project site's }{aftz Avenue frontage that would result in observance of an 8.1-' average front yard setback. Development shall be substantially as shown on the project drawings titled "Clock Tower PLaza" prepared by William Wood Architects and date stamped received by the Planning Division on November 15, 2019, as except as may be modified by conditions contained herein. The applicant shall submit a written Compliance Report, signed by the applicant, detailing how the conditions of approval for this project have been complied with as part of application submittal for the projecfs initial building permit. This report shall list each condition of approval followed by u description of what the applicant has provided as evidence of 1, 2. PAGE 4 OF RESOLUTION NO. zOIg-LO tr * * * tr 3 4. 5 6. 7 compliance with that condition. 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. Prior to issuance of the projecfs initial building permit, the applicant shall reimburse the Town for costs incurred for the provision of public notification for the project, as following: Public notification reimbursement for mailed notice to property owners within 750-foot radius of the project site, resulting in a reimbursement fee obligation of fi527.26 to cover cost to make two mailings of L61 notices (at $0.83 per item) and to cover two $130.00 administrative processing fees. Prior to the issuance of a grading permit or the projecfs initial 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. 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. If the applicant intends to construct the project in phases, then submittal for project's initial building permit shall be accompanied by an overall phasing plan. No 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. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Planning Division sign-off is required prior to final building inspection release (i.e., prior to building"Íinal"). Prior to issuance of a demolition permit or a grading permit (whichever comes first), or any other form of site disturbance, the following conditions shall be complied with: Site Management Plan (SMP) and Health and Safety Plan (HSP) shall be prepared that establishes appropriate management practices for handling suspect conditions (e.g., soil with an odor or discoloration) or strucfures, if encounteted during construction activities. 8. a. PAGE 5 OF RESOLUTION NO.2019-1.0 c b. d An asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (CaI/OSHA) certified building inspector to determine the presence or absence of asbestos containing-materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities thatwould disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the Bay Area Air Quality Management District (BAAQMD) Regulation L1,, Rule 2. If paint is separated from building materials (chemically or physically) during building demolition activity to provide for the approved building addition and modification, the paint waste shall be evaluated independently from the building material for the presence of lead by a qualified environmental professional. If lead- based paint is found to be present, the applicant shall be responsible for abatement, which shall be completed by u qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1.., which specifies exposure limits, exposure monitoring and respiratory protectiory and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the Town Engineer. If the asbestos containing-materials (ACM) report determines there are ACMs present, the applicant shall have the responsibitity to: 1 Remove and dispose all ACM in accordance with applicable Federal, State and local regulations governing asbestos including, but not limited to those promulgated by OSHA, EPA, Ca1-OSHA, Cal-DPH, DTSC, and the Bay Area Air Quality Management District (BAAQMD); Supply notification to employees, contractors, subcontractors, and tenants having access to the buildings on the project site as to the presence, locatior¡ and quantity of ACMs documented to be present at the site, with such notification to occur within 15 days of receiving such information; 11. PAGE 6 OF RESOLUTION NO. 2OL9-10 Í iii.Retention of a State of California licensed and CaI-OSHA registered asbestos contractor to complete the recommended pre-demolition abatement of all ACM at the site; 1V Provision of a L0 working day minimum advanced written notification to BAAQMD prior to demolition activities (with said notice to be accompanied by payment of requisite administrative fees); and V Provision of an "Intent to Conduct ACM Related Work" notification to Ca1-OSHA. e.If the lead-based paint (LBP) report determines there are LBPs present, the applicant shall have the responsibility to: (a) remove and dispose all LBPs in accordance with applicable Federal, State and local regulations; (b) advise contactors engaged in work at the site that LBPs are present and that said LBPs shall only be impacted by properly trained workers, using appropriate lead-related work practices in compliance with applicable Ca1-OSHA worker exposure regulations; and (c) provision of an "Intent to Conduct Lead Related Work" notification to Ca1-OSHA. A permit is required from the Contra Costa Health Services Department - Environmental Health Division (CCEH) for any well or soil boring prior to commencing drilling activities, including those associated with water supply, environmental investigation and cleanup, or geotechnical investigation. The applicant shall be responsible for the payment of all development processing fees and impact fees associated with the project and may seek offsets for the current use of the property as authorized by the applicable regulation or fee. The fee amounts to be paid shall be reflective of the fee schedules in effect at the time payment is made, with fees to be paid prior to issuance of a grading permit or the project's initial building permit. In addition to building permit plan check and inspection fees, notice should be taken of the following processing fee and impact fee categories that will be applicable to the project - with this listing not necessarily to be construed as a complete listing of applicable fees: a. Child Care Facilities Fee b. SCC Regional Transportation Impact Fee - Commercial c. SCC Sub-Regional Transportation Impact Fee - Commercial 10 PAGE 7 OF RESOLUTION NO.2019.10 1'1, 12. 13 1,4 d. Danville Transportation Impact Fee - Commercial (CTIP) e. Tri-Valley Transportation Fee - Commercial f. Parking in lieu fees g. Improvement Plan Check Fee h. Engineering Inspection Fee The applicant shall make payment of applicable California Department of Fish and Wildlife (CDFW) CEQA Environmental Document Filing Fee within four days of the effective date of the project approval, unless the applicant submits to the Town of Danville a written explanation as to the basis, under Cal. Code Regs., tit.'1.4, SS 15260-15333 and Fish & G. Code, S 71'1..4, subd. (dxl), that the project is exempt from paying filing fee. A copy of this written explanation shall concurrently be forwarded to CDFW. A watering program, which incorporates the use of a dust suppressant and which complies with Regulation2 of the Bay Area Air Quality Management District (BAAQMD), 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 indicates the proposed ingress and egress location for all construction vehicles and that addresses project parking and material storage area needs. 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 the projecfs initial building permit. No staging or storage shall occur in the public right-of-way or on publically owned property unless preauthorization is secured from the Engineering Division through review and issuance of an encroachment permit. To facilitate the offer of dedication of the public plazaas a public-accessible outdoor gathering space/ the applicant shall prepare and submit a draft Grant of EasemenÇ Legal Descriptiory and plat for the proposed space (preliminarily estimated to be in the range of 3,850 to 4,400 square feet) for review and approval by the Development Services Department. Once the documents are deemed in final Íorm, the approved documents shall be executed by the applicant and shall recorded as easements over the subject property, with recordation to occur prior to the issuance the project's initial building permit. PAGE 8 OF RESOLUTION NO. 2079-10 15. Project Plans shall be modified to replace Elevation Sheet A-6 dated November 15,2019 with Sheet A-6 received at the Planning Commission meeting on November26,2019 thatshows the building to have a maximum hèight of 3s-feet. 1.6. Elevation Sheets A-4 to A-8 shall be modified to remove the proposed flag at the roof peaks. 17. The project shall be subject to the Contra Costa County Flood Control & Water Conservation District requirements as outlined in the letter on file with the Planning Division at the Town Offices dated November 2'1,,2019. B. SITE PLANNING The location of any pad mounted electrical transformers, if different than shown on the plans referenced in Condition A.L above, shall be subject to review and approval by the Danville Development Services Department and DRB prior to the issuance of the projecfs initial building permit. Unless determined not feasible by these reviewing bodies, 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. 2.Prior to issuance of project's initial building permit, the applicant shall submit the location and detail of Town approved bicycle parking/racks for an appropriate number of onsite bicycle parking/racks. 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 the projecfs initial building permit 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 subject to review and approval by the Danville Development Services Department and the Design Review Board (DRB). If required by the Planning Division and/or the DRB, field modifications found necessary to prevent inappropriate levels of off-site light intrusion and/or glare shall be made by the applicant prior to the release of the final building inspection for the project building permits. 1 3 PAGE 9 OF RESOLUTION NO. 2019-10 4. C. LANDSCAPING 1 5. Prior to issuance of the project's initial building permit, the applicant shall document whether the proposed outdoor dining area space will be coÍunon restaurant dining area (i.e., available for customers of two or more onsite restaurants) or whether it will be designated for exclusive use by a single restaurant tenant (u.g., by a restaurant tenant occupying the tenant space currently occupied by Tower Grille Restaurant). Preliminary calculations indicate the outdoor dining area exceeds a 25o/o match of the gross square foot area of the current Tower Grille Restaurant tenant space (i.e., an 835+ /- square foot outdoor dining area and a2,500+ /- square foot restaurant tenant space). If the outdoor dining area exceeds a 25% match to the gross tenant space of a single restaurant space it is established to serve, the "excess" atea of the outdoor dining area (i.e., that portion of the outdoor dining area over a 25% match of the gross square footage of the restaurant tenant space the dining areas serves) is subject to assessment of a numerical parking generation demand rate of one parking space need per 100 square feet of dining area above a25o/o match. Based on the preliminary calculations, the project numerical parking demand - as well as the project parking in lieu fee obligation - may increase to reflect a 2.L space enhanced numerical parking demand for the "excess" area of the proposed outdoor dining area. Prior to issuance of the projecfs initial building permit, the applicant shall submit an example (photo or material) of the proposed chairs, tables, planters, seat walls located in the public plazaarea and outdoor dining area. The items are subject to be review and approval of the Development Services Department. At the discretion of the Planning Divisiory review and approval authority may be moved over to the Design Review Board (DRB). tr Final landscape and irrigation plans shall be submitted for review and approval by the Development Services Departments and the Design Review Board (DRB). 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 District's Section 31 Water Efficiency requirements, including use of a weather-based controller with soil moisture probe and rain-shutoff switch. *2 PAGE 1.0 OF RESOLUTION NO. 2079-IO *3 tr 4 D. ARCHITECTURE 1 2. 5 6. All trees shall be a minimum of 1"5-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 shall be L0 or 1"5- 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. Prior to issuance of the project's initial building permit, the applicant shall include the species of all existing trees and proposed trees on the landscape drawings for the Planning Division to verify that the proposed tree removal would not affect a Town-protected tree. 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 recoÍunendations 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) recolrunendations and requirements and the State of California Department of Water Resouices requirements that would pertain to the project regarding the Water Conservation in Landscaping Act o12006 (AB 1881). lk 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. Trastu 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 an application for projecf s initial 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 areas 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 new PAGE 1"1 OF RESOLUTION NO. 2019-70 3 or expanded kash/recycling areas shall be connected to the sanitary sewer. New or expanded trash/recycling enclosures shall be equipped with hot and cold water supplies. The projectttashf rccycling program shall include provision for on-site shared collection bins for compostable waste. Prior to the issuance of the project's initial building permit, the proposed method to denote street numbers for the approved tenant spaces in the project shall be submitted for review and approval by the Planning Division. Street numbering of the approved structures shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. Prior to issuance of the project's initial building permit, the applicant shall submit a Master Sign Program for review and approval by the Design Review Board (DRB). Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board (DRB) prior to issuance of the projecfs initial building permit. The submittal shall include a sample of the lighter brick color that is consistent with the brick color depicted on the rendering shown on the plan set. 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 the projecfs initial building permit. Ten full size sets of progress construction drawings for the project shall be submitted for the review. Unless otherwise directed through building code regulations, roof vents established on the buildings which are visible from the surrounding public or private roadway system shall be limited to low profile roof vents. All roof vents shall be painted an appropriate flat finish color to have them blend with the roof. To the extent feasible, the applicant 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 the projecfs initial building permit. Prior to issuance of the project's initial building permit, the applicant shall submit a lighting plan - which includes details of the proposed lighting fixtures, landscape lighting, and pathway /walkway lighting to be installed - for review and approval by the Design Review Board (DRB). 4. 5. 6. 7 I 9 PAGE 72OF RESOLUTION NO. 2079-IO 10. GRADING 1 2. Prior to issuance of the projecfs initial building permit the applicant shall submit construction drawings that depict a modification to the project's Preliminary Architectural Elevations (Sheets A-4 to A-8) to remove the proposed flag that is shown at the roof peak of the northeast building tower to make this tower design compatible with the design reflected on the colored rendering (Sheet CS1). E * * Any grading on adjacent properties requires provision to the City Engineer of appropriate written approval of those property owners affected by the grading. At least one week prior to commencement of grading or 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, and to the Danville Development Services Department, a notice that construction work will coÍunence. 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. To adequately mitigate the shaking effects associated with a moderate to high earthquake within the San Francisco Bay region, all project buildings shall, at a minimum, be designed using sound engineering judgment and the California Building Code requirements applicable at building permit submittal. Buildings shall be designed to reflect the project site's Seismic Site Classification and shall provide for the soil profile and seismic coefficients cited in a project-specific geotechnical report. Prior to submittal of the project's initial building permit, a design-level geotechnical exploration of the project site shall be made that shall include soil sampling and laboratory testing for the evaluation of the expansion potential of soils present at the site. Mitigation measures called for in that report for both general site improvements and for structure foundation design shall be followed to mitigate potential impacts resulting from the presence of expansive soils. Prior to commencing drilling activities for any soil borings associated with the geotechnical investigation (ot any environmental investigation andf or cleanup) a permit from the Contra Costa Health Services Department - Environmental Health Division (CCEH) shall be secured. 3 4 PAGE 13 OF RESOLUTION NO. 2019.10 5 The design-level geotechnical exploration shall be of a sufficient scope and detail to document whether compressible soil layers are present at the project site. As dictated by the findings of that report project foundation design utilized in the project shall be as necessary to mitigate potential total or differential settlement of compressible soil layers as a result of planned loading at the surface associated with new buildings and/or fill. Where soil or geotechnical conditions encountered in grading operations andf or site preparation work are different from that anticipated in the preliminary geotechnical report or the designJevel geotechnical exploratiory a revised report shall be prepared and submitted for review and approval by the Engineering Division. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 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. Prior to issuance of a demolition permit or the project's initial building permit, the applicant shall obtain the following permits and include revisions to the construction drawing plan set to be reviewed and approved by the Contra Costa Health Services Department - Environmental Health Division (CCEH) as follows: Obtain a permit from CCEH for any well or soil boring prior to comnencing drilling activities, including those associated with water supply, environmental investigation and cleanup, or geotechnical investigation. *6 7 8 * tr 9 a New or enlarged dumpster areas serving retail food facilities shall be equipped with a drain connection to the sanitary sewer and shall be equipped with hot and cold water supplies. b. PAGE 14 OF RESOLUTION NO. 2079.70 Hazardous construction and demolition materials shall be separated from those than can be recycled or disposed of. Debris from construction or demolition activity shall go to a solid waste or recycling facility that complies with the applicable requirements and can lawfully accept the material (e.g., solid waste permit, EA Notificatiory etc.). The debris shall be transported by a hauler that can lawfully transport the material. Debris bins or boxes of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container. Non-source separated waste materials shall not be brought back to the contractor's yard unless the facility has the appropriate solid waste permit or EA Notification. If tenancy is subject to regulation by CCEH, the tenant shall apply for the applicable health permit (e.g., subject to regulation because of the generation of medical waste). INFRASTRUCTURE 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. 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. 4.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), in accordance with the Preliminary Stormwater Control Plan; the C-3 Provision of the adopted Municipal Regional Permiü and as determined by the Danville Engineering Division. 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 c. d. e f. F ìt '1. 2.* * * 3. PAGE 15 OF RESOLUTION NO. 2019-10 tr 5 ìk 6 tr a. G. STREETS 7. 8. stabilize erosive banks that could be impacted by additional storm water flow. The applicant 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. All new utilities required to serve the development shall be installed 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. Prior to issuance of a grading permit of the project's initial building permif the applicant shall submit construction drawings to Central Contra Costa Sanitary District (CCCSD) for review and approval. CCCSD has included the following conditions/revisions required to be included on any construction drawings: The applicant shall obtain a CCCSD permit for the proposed project. The applicant will be required to first cap and abandon or reuse the existing lateral. b Prior to submittal of Improvement Plans, the applicant shall submit a full-size Improvement plan to CCCSD for review and approval. The commercial businesses are subject to CCCSD's Source Control Ordinance and specific source control requirements shall be reviewed and approved during Improvement plan submittal. c.The applicant shall submit payment of capital improvement fees for developments that generate an added wastewater capacity demand to the sanitary sewer system. The applicant shall obtain an encroachment permit from the Engineering Division or the Contra Costa County Public Works Department prior to coÍrnencing any construction activities within any public right-of-way or easement or within the Clock Tower Municipal Parking Lot. ,r '1, PAGE 16 OF RESOLUTION NO. 2019.10 tr * * * tr * tr 2. 3 4. 5 6 9 7 I 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 prior to installation. 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 applicant. As determined warranted by the Engineering Division, such repair may include slurry seal; pavement overlay; andf or street reconstruction. Prior to commencement of any site worþ the applicant shall establish baseline preconstruction roadway conditions in a manner satisfactory to the City Engineer for that portion of Diablo Road that would potentially be impacted by construction. 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. At the time project improvement plans are submitted, the applicant shall supply to the Engineering Division an up-to-date title report for the project site. 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. Public streets shall be improved to the standards in #G.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 #4.1. above and shall conform to Standard Plan 104 a & b. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. Prior to the approval of the Improvement Plans, Danville Transportation Division shall be provided the opportunity by the applicant to review and approve the locations and number of signs and striping. lr 10 PAGE 17 OF RESOLUTION NO. 2OL9.1O *11.No concentrated drainage shall be permitted to surface flow across sidewalks. Prior to issuance of the project's initial building permit, the applicant shall include the following notes on the construction drawings and will be required to submit for San Ramon Valley Fire Protection District review and approval: Submit full sets of construction drawings to the San Ramon Valley Fire Protection District for review and approval. Additional occupants on the second floor may require installation of a building fire alarm pursuant to CFC 907. Modifications to exterior elements of the building shall require additional sprinkler coverage on exterior as reviewed and approved by the Fire Protection District. 12. a b. c d. 13. H. MISCELLANEOUS 1 *2. Submit proposed addressing and signage including way signage and suite numbers to be reviewed and approved by the Fire Protection District. Prior to issuance of the projecfs initial building permit, the applicant shall submit a plan set which shall include proposed improvements to walkways, ftafÍic signals, curbs, and ramps to be reviewed and approved to the satisfaction of the Town's Transportation Manager. *The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change requires Planning Commission review and approval through a Revised Final Development Plan application. 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. PAGE 18 OF RESOLUTION NO. 2019-10 * tr ìt 3 4 5 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 for the projecfs initial building permit the applicant shall submit a recycling plan for building and construction materials and the disposal of green waste generated from 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 applicant shall provide the Planning Division with written documentation (e.9., receipts and records) documenting that waste materials created from the demolition of existing buildings and the construction of new buildings were f arcbeing recycled according to the approved recycling plan or in an equivalent manner. In conjunction with observance of the approved" recycling plaru applicant 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 development 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 applicant at the applicant's own cost. The site selection, 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 applicant: Provide for a cash payment in lieu of actual excavation and removal of material from the inadequate portion of San Ramon Creek. The b PAGE 19 OF RESOLUTION NO. 2019.10 *6. 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 applicant 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. The project shall conform to the Regional Water Quality Control Board post-construction C.3 regulations which shall be designed and engineered to integrate into the projecfs overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: a. Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Construction Plan C.3 Checklist as described in the Town's S tormut ater C.3 Guidebook. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including skuctural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site 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. b. c.Prior to release of the final building inspection for the project building permits (i.e., prior to securing a "building finall') and the issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in the Stormwater Control Plan which pertain to the transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs. Prior to release of the final building inspection for the project building permits (i.e., prior to securing a "building final") and the d. PAGE 20 OF RESOLUTION NO. 2OL9-LO issuance of a Certificate of Occupancy, the applicant shall submit, for the Town's review and approval, a Stormwater BMP Operation and Maintenance Plan in accordance with the Town of Danville guidelines. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Appendix F of the Town's Stormwater C.3 Guidebook. 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 racks, benches, and seat walls. c. Permeable pavers on sidewalk and within project vicinity. d. Breezeway pedestrian walkway, landscaping, and public art. APPROVED by the Danville Planning Commission at a regular meeting on November 26,2019 by the following vote: 7 AYES: NOES: ABSTAINED: ABSENT: Bowles, Graham, Haberl, Radich, Verriere None None Combs, Havlik, Trujillo APPROVED AS TO FORM: ATTORNEY ATTEST: OF G PAGE 21" OF RESOLUTION NO. 2019.10