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Home My WebLink AboutASRPC20200526 5.1 PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission May 26, 2020 SUBJECT: Resolution No. 2020-04, approving a revised Final Development Plan request (DEV20-0003) for an existing 50,932 square foot office/theater building allowing the conversion of the 10,932 square foot performing arts theater portion of the building to office use, expanding the number of parking spaces available for the building, and removing parking restrictions which limit the concurrent operation of the office and theater portions of the building due to parking limitations (500 La Gonda Way – Town of Danville) BACKGROUND/DESCRIPTION The Planning Commission approved Development Plan DP2000-20 on September 12, 2000 (Attachment D, Resolution No. 2000-26). That approval allowed for the construction of a building consisting of 39,000 square feet of office space, a 10,932 square foot performing arts theater, and a 1,000 square foot atrium. The office building was completed and occupied; however, the interiors of the theater and atrium areas were never completed. The Town of Danville purchased the building in 2019 and intends to move all the governmental operations currently housed at 510 La Gonda Way into this building, including the Police Department. The interior of the theater portion of the building would be constructed to provide two stories of office space, and a basement area, and would be primarily occupied by the Police Department. Conditions of approval for the building included a requirement that the office building and theater use not be occupied concurrently, based on insufficient on-site parking for the operation of both uses. EVALUATION Conformance with General Plan and Zoning District The site’s General Plan Land Use Designation is Commercial – Limited Office, and it is within a P-1; Planned Unit Development zoning district. The existing and proposed office use is consistent with this Land Use Designation and zoning district. DEV20-0003 2 May 26, 2020 500 La Gonda Way Parking The conversion of the theater space to office space will add approximately 9,494 net square feet of office space to the building, resulting in total floor space of 49,485 square feet. Based on the standards parking demand for office use at 1 space per 225 square feet, a total of 220 on-site parking spaces would be required. As provided for under Section 32-1.14(i)(20) of the Danville Municipal Code (Off-Street Parking - Number of Required Spaces), a project-specific numerical parking standard has been established for this building. An actual parking demand study for a specific use is considered more accurate and therefore preferable to parking standards based on general land uses. In order to establish the actual parking demand generated by the existing Town offices at 510 La Gonda Way, and for the existing office use at 500 La Gonda Way, seventeen parking counts were conducted over an approximately five-month period between August 2019, and February, 2020 (Exhibit C). For 510 La Gonda way, the average parking demand was found to be 66 spaces for employees and customers, and 36 parking spaces needed for fleet vehicles, resulting in a total parking demand of 102 spaces. For 500 La Gonda Way, the average parking demand was found to be 95 parking spaces, well below the 165 parking spaces provided on the site. However, existing tenants of the building which will ultimately be sharing the building with the Town, have lease rights to a total of 82 parking spaces, and the suits which the Town will occupy have lease rights to 64 parking spaces (19 on-site parking spaces are unassigned). Since the parking demand for Town operations is 102, an additional 38 parking spaces will need to be added. This would result in a total of 203 parking spaces for the building. These additional parking spaces would be added though the acquisition of an excess Cal Trans right-of-way to the east of the site, adjacent to the freeway off-ramp, and/or the retention of part of the 510 La Gonda Way parcel to serve as parking for 500 La Gonda Way (Exhibits E). Both parking scenarios show significantly more parking spaces than the minimum required 38 spaces. PUBLIC CONTACT Public notice of the May 26, 2020 Planning Commission meeting was mailed to property owners within 750 feet of the site. A total of 108 notices were mailed to surrounding property owners. Posting of the meeting agenda serves as notice to the general public. DEV20-0003 3 May 26, 2020 500 La Gonda Way RECOMMENDATION Adopt Resolution 2020-04, approving a revised Final Development Plan request (DEV20- 0003) for an existing 50,932 square foot office/theater building allowing the conversion of the 10,932 square foot performing arts theater portion of the building to office use, expanding the number of parking spaces available for the building, and removing parking restrictions which limit the concurrent operation of the office and theater portions of the building due to parking limitations (500 La Gonda Way – Town of Danville). Prepared by: David Crompton Principal Planner Attachments: A - Resolution No. 2020-04 B - Public Notification, Notification Map and Notification List C - Parking Counts D – Previously Approved Resolution No. 2000-26 E - Project Floor Plans and Site Plans RESOLUTION NO. 2020-04 APPROVING REVISED FINAL DEVELOPMENT PLAN REQUEST (DEV20-0003) FOR AN EXISTING 50,932 SQUARE FOOT OFFICE/THEATER BUILDING ALLOWING THE CONVERSION OF THE 10,932 SQUARE FOOT PERFORMING ARTS THEATER PORTION OF THE BUILDING TO OFFICE USE, EXPANDING THE NUMBER OF PARKING SPACES AVAILABLE FOR THE BUILDING, AND REMOVING PARKING RESTRICTIONS WHICH LIMIT THE CONCURRENT OPERATION OF THE OFFICE AND THEATER PORTIONS OF THE BUILDING DUE TO PARKING LIMITATIONS (500 LA GONDA WAY – TOWN OF DANVILLE). WHEREAS, THE TOWN OF DANVILLE (Owner) and WILLIAM WOOD ARCHITECTS (Applicant) have requested approval of a Revised Final Development Plan to amend the conditions of approval for a previously approved office/theater structure to allow the conversion of the theater space to office space, and to allow the entire building to be occupied with office uses at the same time; and WHEREAS, the previously approved development plan approval (DEV20-0003) limited the office use and theater use to not operate concurrently, due to parking limitations; and WHEREAS, the site is located at 500 La Gonda Way, and further identified as Assessor’s Parcel Number (APN) 200-151-007; and WHEREAS, the Town of Danville purchased the property and intends to relocate the Danville Town Offices to that location; 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 May 26, 2020; 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 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 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2020-04 RESOLVED, that the Planning Commission of the Town of Danville Revised Final Development Plan request DEV20-0003 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROVAL 1.The proposed development plan will not be detrimental to the health, safety and general welfare of the Town, in that the site is already developed and is connected to all necessary public utilities and is covered and/or has access to all necessary pubic services and amenities; 2.The proposed development plan will not adversely affect the orderly development of property within the Town, in that the project consists of a previously approved commercial office building which is consistent and compatible with the surrounding land use patterns; 3.The proposed development plan will not adversely affect the preservation of property values and the protection of the tax base within the Town, in that the project will result in the continuation of existing offices uses, and will result in the conversion of a vacant theater portion of the building to office space; 4.The proposed development plan will not adversely affect the policy and goals as set by the General Plan, in that the proposed office use is consistent with the site’s Commercial – Limited Office General Plan Land Use Designation, and the site’s P- 1; Planned Unit Development District zoning; 5.The proposed development plan shall not create a nuisance and/or enforcement problem within the neighborhood or community, in that the project includes an existing office building and will continue to operate in compliance with all Town ordinances and policies; 6.The proposed land development plan does not encourage marginal development within the neighborhood, in that the project consists of an existing office building which will continue to be an attractive and well maintained property. CONDITIONS OF APPROVAL 1.This approval (DEV20-0003) invalidates and supersedes Conditions of Approval contained within Planning Commission Resolution No. 2000-26 and allows for the conversion of the 10,932 square foot performing arts theater portion of the building to be converted to office use and removes all parking restriction related to the concurrent office use of the entire building. The previously approved development plan approval limited the office use and theater use to not operate concurrently due to parking limitations. The site is located at 500 La Gonda Way (Town of Danville). PAGE 3 OF RESOLUTION NO. 2020-04 2.Development of the theater portion of the building shall be substantially as shown on the building floor labeled “Danville Police Services,” as prepared by William Wood Architects, on file with the Planning Division. 3.Based on a use-specific parking survey, the minimum number of parking spaces created and available for this office use shall be a minimum of 203, an increase of a minimum of 38 spaces. Preliminary plans listed as Attachment E of the Staff Report for this item include two potential parking plans. The final plans shall reflect the minimum parking requirement of 203 spaces. APPROVED by the Danville Planning Commission at a special meeting on May 26, 2020 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ______________________________ CHAIR APPROVED AS TO FORM: ATTEST: _______________________________ _____________________________ CITY ATTORNEY CHIEF OF PLANNING il0ïcEïfl $tJRRûlll¡tlllü BT ', 5 m all Tot¿ n Atrn os p h ere,' Outstandìng Quallgy of L$e" NOTICE OF A. PUBLIC HEARING Danville Flanning Commission Meeting Tuesday, May 26, 202û at 5:00 p.m. I Teleconference only (cletails below) Project Name:500 La Gonda Way - Town of Danville Case File Nos.:DEV20-0003 Location:500I.a Gonda Wuy I APNs:2ût-151-051 and -û52 Description:Reviscd Final f)eveloprnent Plan request to amend the conditions of approval attached to the existing office/theater shrrctures located on the 2.69 acte property at 50û La Cr:nda l{ay. Town of Danvilie Atrn.: ]oe Calabrigo, Town Manager 510 La Gonda Way Danville, CA94526 Staff Contact:David Cr.ompton, Principal Planner | (925) 3L4-3349 | dcrompton@danville.ca coRoNÁ.YrRUS ÐISEASE (COVID-I9) AIIVISORY ÄND MEETING PRÛCEDUR-E On March 19,ztAt the Governor issued Executive ürder N-33-2t, ordering all residents in the State of California to shelter at their piace of residence, with the exception of tirose who may leave to provide ot receive critical services, as defined in Order N-33-2û. Under the Governor's Executive Order N-29-2f1, the Danville Pianning Commission rnay utilize teleconferencing for their meetings, a$ a precautian to protect the health and safet¡." of stafl officials, anci the general public. Cornmissiûi"Ìer$ wiil be participating via telecclnference. As such, there u'ill be no physical location for members of the public to participate in this meeting. This Planning Comrnission meeting can be viewed on the Town website and the web- video communication platform Zoom. l4trhile it is possible tci use only a current web browser, frr the best experience in viewing the meeting it is recorrunended that tnembers of the public download the free Zasm app for PC, Mac, iPad, iPhone or Android devices from Zoom's website, w]1'_ryé!¡lllï.Srjç11 before the start of the meeting. Property Owner and Á.pplicant: I a i l : : : i i ' t t a : i : ì .soui ATTACHMENT B The Planning Comrnission encouräges citizens to participate in public meetings. Public partícipation will be facilitated two ways: (1) via email to the City Clerk prior to 4:00 p.m. on the day of the mecting; and (2) during the meeting thraugh the zoorn cl'rat feature. The 3-rninute time limit applies in both cases. An announcement will be made cfuring the meeting when the ehai ieature is enabled, at which time those that are attending the zoom meeting can send messages that are viewable by the Comrnissionand staff. Alternativeiy, you cân have your comments read into the record by the City Clerk by sending an email to ci k(Oda:rville prior to 4:0û p.m. on the day of the meeting. The email must include your nafüe and the agenda item number. If yau have questions, contact the City Clerk at (925)314-34t1" or ç{yCsr!9tit{er:ulg"rg.t¡iy prior to 4:0t p.m. on the day of the meeting. To access the Commission meeting: Zoom: https:l 1 us0Zwcb. aot r rt. u s7l j/ 8i 7fi ZXi 107? Webínar IDr 817 87901075 For aUdiq âccess to the meeting by telephone, use dial-in information below: US: (669)9û0-ó833 or (346)248 -7799 or Q53)215-8782 or (312)626-6799 or (929)2Û5-6Û99 or (301)71s-S592 Webinar ID: 81.7 87901075 Please note that teleplwne ñccess to the nrceting is recom.mended far attti¡iç ottllt, To supplebwnt a PC, Mnc, tøblr.t or deuice utithout aud:io, you tttny also join by phone. at the telephone numbers listed nbooe All interested persons are eïrcouraged to attend and be heard during the teleconJerence at the sched.uled public hearing at 5:0û p.m., Tuesday, May 26,2A2A. For additional infor:rnation regarding the projecÇ please contact the staff representative as referenced above. NOTË: If you chalienge the Towds decision on this matter in court, you may be limited to raising only those issues yCIu or someone els* raised at the public hearing described in this notice, or in r,r'ritten correspondence delivered to the Town at, ar príor, to the public hearing. In complicnce rpith the Arnericans with Disabilities Act, the Town af Danaille atill proaide special assistance fot disabled citizens. If you need syecial assistance to participate in this meetirtg, plense contact the City Clerk (925) 31.4-3388. Notífication 48 kouys piar to the nrceting will eflable the Tswn k) müke reusanøble nrrangewrcnts tû efisure arcessihility to this meeting, {28cr"t< 35.1.A2-35,1t4 ADA Title II} ViciniÇ Map and Hearing Natice Boundary !'1 'ü ¿ã! Jl¡ I Site Location: 50Û La Gonda Way Projec* Revised Final Developrnent Plan request Ð8V20-t0Û3 PRCIIECT SIÏE D EcAB 1 e 3 4 5 6 7 B I 10 tt 12 1? 14 tf, 16 17 {o 19 u0 ¿t )2 24 25 26 ¿ö :s 30 31 32 5J 34 1ç 36 37 3B 39 40 41 42 43 44 ÁÊ 46 47 4& 51 ra 53 54 A,PN 200040016 1034 2001s1û10 2üt151015 2t0151013 2û0132005 2001s1049 20û26001û 2001700r"5 200151024 2û0151046 13?0û4 151012 1.6 NAME SCRAM NIDIA DIDONATO PAUL D & JOANN TRã RAMEY MICHAEL Ë WALTUNAS JONATHAN ABAR HOSSEIN ABAR HÛ55EIN 170Û INVESTTRS LLC WOODBINË HOMËOWNERT A55f{ EL CERRÛ HOLÞINçS LLC HOLMTS DOU6LAS & MICHETLË TRE ROSSI MICHAEL & VERONICA KANAT NANCY PALLAVICINI CARLÊ€N DFNISE 6E6HARDT ERtK R ECKERT ROBÊRTJ & MARY E TRE COMMON ARËA TRACT 8204 COMMON ARËA TRACT 6071 MIRMÕTALÊBI SËYËD HOSSEIN NANNIANGELOAJR REGATTA PROPERTIES LLC AKOL DANYAL & RITA A ZEßBST AARON T & CHRISTINA W ROMAN CATHTLIC BI9I.IOP TAKLANT ROMAN CATHOLIC WELFARE CCIRP ZEISZLER JËFFREY ALAN BEAR JEFFREY S & LISA ANNE TAN MUI-YON6 LEACH JOHN W ANDRADE LUIS G JR TRE LEO SUSAN JANE TRE PARI9I LAURA A TRE SAUER HAROLD TRE WEST ËL PINTADO LLC GMMR LLC LONDAGIN ROSERT L & KATE TRE FLOOÐ LÛIS A RAZAQIWALI WHITMER ROBERT P LATTIMORË SIÀNA L JOHNSON RYAN A & KATHRYN L PALLÁVICINIJÕHN H CROCKITTJILL LYNN TRE DËLUCCHIMICHAËL MILETICH GEORGI P & JULIANN E MOUFARREJ GABE TRE SCHMITT LFONARD & BËVERLY TRË CUENIN ROBERT M & MARINA TRE RUNYON CARI R &']'HERESA A TRE CAPPELLETTI 6ARY & MARILYN TRE WILEY RANDALL R TRE SCMITT LËONARD & SËVÊRLY TRE MAKER ASHLEY TOFANELLI LINDA ADDRÊsS CITY STATE PO BOX 1OO5 ALAMO CA FO BOX 1869 BETHEL ISLAND CA PO BOX 28379 SANTA ANA CA PO BOX 574 DIABLO CA PO BOX 588 DIABLO CA PO BOX 588 NIABLO CA PO BOXgOs CONCORD CA PO ÈOX 932 DANVILLË CA 1Û1 YGNACIO VALLËY RÞ STE 45Û WALNUT CRCHK CA 1O? 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200151û39 200151037 151040 036 TAMON JOAN D TRF WITTKOP CASEY & ËLIZABETI-I NIEDERAUER CHRISTOPHER & MYLA HARR|GAN SEAN J & TAMI M BENNETT TRESINA TRE SHERWOOD FRED TRE ORIORDAN ANNE TBE STEWART RANDALL CLARK TRE WItSÖN RËBECCA MCCLAIN SANDRA S COXCARLA&JANATRT KINDBERG KRISTIRAE EGBËRT BETTY A TRE FUSTER MARYJANE L TRE 6ANZ BRIAN & ERICA L MCGARRY SHAWN H & TRACY M CHEN WENJUN MCGUIRE CHARLFS JR & ELEANOR MOSE DÂREK WHIRLOW CHRISTOPHER & AUDREY BEACH JASON P & RACHFL L ERFANI MOHAMMAÛ TRË ACACIA PROPERTIES REIMBOLD SUSAN J &.JOSEPH K ÛRTIZ ALTXANDË'ì WR¡GHTJAMES 5 TRF IANE JAY TIMOTHY & CAROTYN TRE GENTILE TONY & DEE JAY TRË VAN DYKI ARLYN & JOYCË C TRE NORKUS KENNETH & BARBARA GARDEN CREEK HOMEOWNERS ASSN MURRAY JULIA A TRT DURHAM LESATRE KISÁCK IDAJEAN TRE CURTIS ROBERT Û & LISA LTRE FLYNN ßICHARÐ T SUMMTRVILLE AT BARRINGÏÛN CT AÐAMS DIANE R ÏRE GUUO FTORA¡\¡TE & VERONICA TRË FANELLI FRANCIS & ANITA LTRE WFTLS RONALD P TRË NEGELE LISA MARIE TAN DFC ILC TAN DFC LLC BOZZONE RENATOTTE 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FINAL DEVELOPMENT PLAN REQUEST DP 2000-20 AND VARIANCE REQUEST V AR 2000-19 TO AMEND PRELIMINARY DEVELOPMENT PLAN -REZONING REQUEST PUD 98-01 AND FINAL DEVELOPMENT PLAN REQUEST DP 97-08 (500 LA GONDA WAY--APN 200-151-007) WHEREAS, on February 17, 1998, William McCarm and Gordon Bingham received approval of Preliminary Development Plan -Rezoning request PUD 98-01 and Final Development Plan request DP 97-08 rezoning a 2.69 +!-acre site to a P-1; Planned Unit Development District and authorizing the development of a two-story 39,000+/-square foot office building and a 7,000+/-square foot performing arts center connected by a 1,000+/- square foot atrium; and WHEREAS, the approved project is currently under construction on the subject site, located on the northeast corner of La Gonda Way and El Cerro Boulevard, at 500 La Gonda Way, and is further identified as Assessor's Parcel Number APN 200-151-007; and WHEREAS, the developer is seeking authorization to eliminate the 30+/-space parking structure approved under the original entitlements and is also seeking approval of various numerical and dimensional parking variances that would be created by the implementation of proposed revised parking layouts for the project; WHEREAS, Town of Danville P-1; Plarmed Unit Development District Ordinance requires approval of a Revised Final Development Plan prior to making substantive changes to the project approved under the original Preliminary Development Plan -Rezoning and Final Development Plan requests; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance was prepared for the initial project indicating that, as mitigated through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the modifications to the project now being requested constitute minor adjustments to the original approval, leading to a determination that the current project is Categorically Exempt from the requirements of the California Environmental Quality Act; and WHEREAS, the Plarming Commission did review the project at noticed public hearings on August 22, 2000 and September 12, 2000; and PAGE 1 OF RESOLUTION NO. 2000-26 ATTACHMENT D .--. 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 Planning Commission 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 determined during their consideration of this proposal that a long-term "fix" to the La Gonda I El Cerro Boulevard intersection traffic and circulation conditions needs to be pursued by the Town's Transportation Department (with the solution most likely ultimately involving the provision of left tum lanes from La Gonda Way onto El Cerro Boulevard); and be it further RESOLVED that the Planning Commission ofthe Town of Danville approves Revised Final Development Plan request DP 2000-20 and Variance request VAR 2000-19, amending Preliminary Development Plan -Rezoning request PUD 98-01 and Final Development Plan request DP 97-08, and makes the following findings in support of these actions: FINDINGS OF APPROVAL Revised Final Development Plan: 1. The proposed project is consistent with the Danville 20 I 0 General Plan. 2. The proposed development is in conformance with the proposed zoning district in which the property is located. 3. There is no substantial evidence before the Town that the project will have a significant adverse effect on the environment (the current project has been deemed to be Categorically Exempt from the requirements of the California Environmental Quality Act). 4. The proposed development will not be detrimental to the health, safety, and general welfare of the Town. 5. The development will not adversely affect the orderly development of property within the Town. 6. The development will not adversely affect the preservation of property values and the protection of the tax base within the Town. PAGE 2 OF RESOLUTION NO. 2000-26 7. The development will not adversely affect the policy and goals as set by the Danville 2010 General Plan. 8. The development will not create a nuisance and/or enforcement problem within the neighborhood or community. 9. The development will not encourage marginal development within the neighborhood. Variance 1. The numerical and dimensional parking variances authorized under this approval do not constitute grants of special privilege inconsistent with the limitations on other properties in the area and other commercial properties developed under the P-1; Planned Unit Development District format. 2. Because of special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by other commercial properties in the general vicinity and/or located in the same zoning district. 3. This variance is in substantial conformance with the intent and purpose of the P-1; Plarmed Unit Development District in which the subject property is located since the variance allows for reasonable development of the property for commercial uses. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the occupancy of the buildings authorized under these entitlements. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL I. This approval is for Revised Final Development Plan request 2000-20 and Variance request 2000-19. The approvals serve to modifY previously approved Preliminary Development Plan-Rezoning request PUD 98-01 and Final Development Plan request DP 97-08 pertaining to the development of a two-story 39,000 square foot office building and a 10,932 square foot performing arts center connected by a 1 ,000+/-square foot atrium at 500 La Gonda Way, further identified as APN 200-151-007. The original conditions of approval established for PUD 98-01 and DP 97-08 continue to apply to this project, unless specifically modified through the following conditions of approval. PAGE 3 OF RESOLUTION NO. 2000-26 Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. Revised Parking Layout-"Parking Stall Plan," as prepared by DeBolt Civil Engineering consisting of one sheet and dated September 5, 2000. b. Modified Landscape Plan for Parking Layout, consisting of one sheet, as prepared by Borrecco I Killian & Associates Inc., and dated received by the Planning Division on August 15,2000, 2. The developer shall pay new plan checking and inspection fees associated with the Revised Project Improvement Plans prepared in association with this approval; shall pay fees associated with the filing of a Notice of Exemption for this project as required by AB 3185 ($25.00); shall pay the unpaid plan check and inspection fees associated with the building shell for the theater ($4,458.27) and shall pay pertinent application fees for the Revised Final Development Plan request and the Variance request ($1,760). 3. The Revised Project Improvement Plans shall be subject to review and approval by the San Ramon Valley Fire Protection District. 4. If site improvements are completed in phases, the developer shall provide security fencing between completed areas and areas under construction, to the satisfaction of the City Engineer and/or the Chief Building Official. 5. Operation times and activities allowed at the performing arts theater are defined as follows: a. Rehearsals at the theater shall take place after 6:30 p.m. on nights not scheduled for performances; b. On nights during which theater events are scheduled, evening events shall take place after 7:00 p.m. Matinee events on Saturday and Sunday shall be coordinated, to the satisfaction of the Chief of Planning, with Saint Isidore's Church's regular church service start and end times to avoid conflict with peak activity at Saint Isidore's; c. The theater facility may not be used by occupants of the office building for internal presentations, meetings, etc., unless prior authorization is secured for such usage from the Chief of Planning. Such usage shall not involve attendance by more than fifteen individuals that are not occupants of the adjoining office building. PAGE 4 OF RESOLUTION NO. 2000-26 The daytime use of theater may not generate "destination trips" (e.g., people who come to the theater for scheduled conferences, periodic "talks" open to members of the public, or any activity which would not normally lead them to the center). Exceptions to this restriction may be granted for use of the theater on holidays where the office portion of the project is not being utilized or where its use is not maximized, subject to prior review and approval by the Chief of Planning. e. The performing arts theater production crews shall be limited to loading and unloading equipment after the hour of 6:30 p.m. and before the hour of 7:00 a.m. to avoid parking and internal circulation conflicts with the office use. Trucks used to load and unload theater equipment may park overnight on the property as long as the trucks leave the parking lot by 7:00a.m. on the following weekday morning. f. Unless authorized by the Chief of Planning, there shall be no food service operated in the atrium area during normal weekday work hours. Any requested changes to the limitations of the activities at the office building/performing arts theater complex must be reviewed and approved by the Planning Commission prior to its implementation. The restrictions on the use of the theater shall be subject to review and revision as part of the regular review of the Parking Management Plan prepared for the project (see below). 6. The project shall be subject to a Parking Management Plan. The Plan shall address, among other items, the following potential parking issues: a. The uses allowed in the performing arts theater and the time frames the facility may be utilized (especially addressing use of the facility during standard workweek hours). b. The steps to be taken to assure that the lower parking lot will be primarily utilized as employee parking. c. The range of restrictions imposed on the project to assure that initial and subsequent tenant occupancies in the office building are not businesses known to have a high employee to square foot ratio. d. Standards for the use of the tandem parking spaces developed in the lower parking area. The agreement shall be prepared by the developer and shall be submitted for review by the City Attorney and the Chief of Planning and shall be subject to PAGE 5 OF RESOLUTION NO. 2000-26 7. 8. review and approval by the Planning Commission, with said approval being required prior to the issuance of the final building permit for tenant occupancy in the office portion of the project or the initial tenant occupancy in the office portion of the project, whichever occurs first. The approved agreement shall be recorded so as to appear on the subject property's title and shall be made an integral part of all tenant leases for the office building. The Parking Management Plan shall be subject to review and revision by the Chief of Planning on the first year and second year anniversaries of the initial office tenant occupancy in the office portion of the project, with subsequent reviews occurring on the even-year anniversaries (i.e., the fourth anniversary, the sixth anniversary, etc.). The Chief of Planning shall have the authority to refer the review and revision process to the Planning Commission for consideration and action. Within thirty days of the effective date of this permit, the developer shall reimburse the Town for notifying surrounding neighboring residents of the public hearings. The fee shall be $270.00 (two mailings X 138 notices X $0.75 per notice). The parking demand of the office portion of the project shall be reduced the equivalent of four parking space for that period of time that the project operates with less than 173 on-site parking spaces. One manner to reduce the parking demand is to create a common shared office conference room (900 feet minimum size to be permanently equipped with a conference table sized to match the room) within the office portion of the project. B. SITE PLANNING I. A Revised Final Site Lighting Plan and Building Lighting Plan, detailing lighting intensity as described in candlelight or wattage, shall be reviewed and approved by the Design Review Board (DRB) prior to the approval of the Revised Site Improvement Plans. C. LANDSCAPING 1. A Revised Final Landscape and Irrigation Plan (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division and DRB. The plan shall be substantially consistent with the Modified Landscape Plan For Parking Layout dated received by the Planning Division on August 15, 2000, modified to reflect the design changes for the lower parking lot detailed on Staff Studies A, B and C, dated September 5, 2000. PAGE 6 OF RESOLUTION NO. 2000-26 2. The three existing Valley Oak trees located at the northeastern corner of the site shall be preserved. A cantilevered wall shall be utilized for the parking area established in close proximity to the oak trees. The base of the cantilevered wall shall be a minimum of 24 feet from the property's northern property line. The northern outside edge of the cantilevered parking deck shall be a minimum of 14 feet from the property's northern property line. The recommendations outlined by Arbor Care in their letter August 23, 1999 for the three oak trees shall be implemented as part of the project landscape improvements. 3. Because the site construction activity will occur in direct vicinity of the on-site protected Valley oak trees, a security deposit in the amount of $5,000.00 per tree shall be posted with the Town to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. The applicant shall enter into an agreement with the Town pertaining to the allowable use of the security deposit as regards steps taken to assure the long-term health of the trees. 4. Drainage plans shall be designed so that the trunk areas of the three Oaks are properly drained to avoid ponding. An aeration system, designed by a qualified arborist, shall be installed at the Oaks' root zone area. The arborist shall review the Oak trees after completion of all project landscaping and implementation of these recommendations and the recommendations discussed in Condition of Approval C.2. above to determine what further mitigation measures, if any, need to be implemented to mitigate construction impacts to the trees. The security deposit posted with the Town for the preservation of the trees may be utilized as a funding source for any further mitigation measures that are deemed necessary. D. ARCHITECTURE I. Revised drawings for the trash enclosure shall be prepared and are subject to review and approval by the Planning Division. The trash enclosures shall have the same ledgestone treatment to match the building. Enclosure design shall include six-foot high masonry walls on three sides with steel-framed gates and wood bolted to the gates. Gates shall be self-closing and self-latching. Prior to commencing construction of the trash enclosure, the applicant shall document that all trash/recycling areas are appropriately sized and located. The trash enclosure shall be covered and bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. PAGE 7 OF RESOLUTION NO. 2000-26 E. PARKlNG I. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 17 feet in size (depth measurement inclusive of an allowable two-foot overhang). 2. Regulatory signage/curb painting shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer. 3. The developer shall diligently pursue the necessary approvals to implement Revised Parking Layout -"Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000. The developer shall diligently_pursue a land lease agreement with Caltrans for up to 3,500+/-square feet of adjoining right-of-way and ultimately, if determined acceptable by Caltrans, shall purchase the land in question from Caltrans. The Revised Project Improvement Plans shall reflect Revised Parking Layout -"Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000 and shall be accompanied by site studies to document the feasibility of conversion to both Staff Study-Parking Stall Plan B and Plan C dated September 5, 2000. 4. To assure that all reasonable efforts are made to secure Caltrans authorization to implement either Staff Study -Parking Stall Plan B or C dated September 5, 2000, the developer's contract with William R. Grey and Company shall be modified to allow the consultant to work directly for the Town of Danville (with the funding for the consultant~ effort to continue to come from the Developer). The Planning Commission shall be advised if a determination is made that neither Staff Study -Parking Stall Plan B or C dated September 5, 2000 can be implemented due to some unforeseen design consideration, due to Caltrans~ inability I unwillingness to lease or sell the land in question to the developer, and/or if implementation of the preferred parking layout is deemed to be economically infeasible. Either the Town or the developer may initiate consideration of this matter by the Planning Commission, asking the Commission to make a determination if the attempts to secure Caltrans' approvals should be abandoned. The developer is obligated by prior agreement with the Town of Danville to install a new off-site curb/wheel stop at the outside edge (south side) of the Town's upper parking area (and to backfill the area behind the new curb in preparation for installation of replacement landscaping. That work shall be done in conjunctions with the modification to the curbing/landscape improvements on the project's upper parking lot. PAGE 8 OF RESOLUTION NO. 2000-26 - 5. The developer shall submit an engineer's estimate of the cost that will be incurred to purchase the small section of adjoining Caltrans right of way and to convert the initial parking lot to accommodate a parking lot expansion reflective of the layout shown in Staff Study -Parking Stall Plan C dated September 5, 2000. The developer shall post a cash performance guarantee in a form that is acceptable to the Town that covers 125% of the engineer's estimate of the costs. If the developer is ultimately unable to secure the necessary approvals from Caltrans to expand the parking lot, the developer is required to prepare a proposed parking mitigation plan for consideration by the Planning Commission at a scheduled public hearing. At the Commission's discretion, the parking mitigation may be in the form of a financial contribution to area parking equivalent to I 00% of the engineer's estimate of the costs for the parking lot expansion. F. STREETS I. Damage to La Gonda Way done during the project construction shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall, at a minimum, include an overlay of the property's La Gonda Way frontage. 2. The queuing area at the Exit-Only driveway shall be substantially as depicted on the Revised Parking Layout-"Parking Stall Plan," as prepared by DeBolt Civil Engineering dated September 5, 2000. This requirement shall be shown on the Revised Project Improvement Plans. APPROVED by the Danville Planning Commission at a regular meeting on September 12, 2000, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Rapp, Jameson and Osborn Moran None Hunt and Graham Chairman APPROVED AS TO FORM: (~~ City Attorney PAGE 9 OF RESOLUTION NO. 2000-26 ATTACHMENT E