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HomeMy WebLinkAbout2020-06 RESOLUTION NO. 2020-06 APPROVING DEVELOPMENT PLAN REQUEST DEV20-0008 ALLOWING FOR THE REMODEL OF A COMMERCIAL BUILDING TO ACCOMMODATE A TACO BELL CANTINA RESTAURANT AND AN EXCEPTION TO THE TOWN’S SIGN CONTROL ORDINANCE TO ALLOW THREE WALL SIGNS, WHILE ONLY TWO WALL SIGNS ARE ALLOWED UNDER THE ORDINANCE (SCARBROUGH MANAGEMENT GROUP) WHEREAS, SCARBROUGH MANAGEMENT GROUP (Owner) and GLOBEATELIE (Applicant) have requested approval of a Development Plan request (DEV20-0008) and a sign exception to allow the remodel of an existing commercial building to accommodate a Taco Bell Cantina Restaurant. An exception to the Town’s Sign Control Ordinance is being requested to allow three wall signs, while only two wall signs are allowed under the Ordinance; and WHEREAS, the site is located at 444 Front Street and further identified as Assessor’s Parcel Number APN: 216-110-004; 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 28, 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 RESOLVED, that the Planning Commission of the Town of Danville approves Development Plan request DEV20-0008 and an exception to the Town’s Sign Control Ordinance, and makes the following findings in support of this action. DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 2 OF RESOLUTION NO. 2020-06 FINDINGS OF APPROVAL 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 Downtown.” 3.The development will be an attractive and efficient center which will not have adverse effects upon the adjacent or surrounding development. 4.The proposed project will conform to the architectural design criteria and applicable development standards set forth by DBD Area 3 zoning regulations. 5.The project will fit harmoniously into the Downtown and will be consistent with the intent and purpose of development envisioned for DBD Area 3. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of building permits. A. GENERAL 1.This approval is for Development Plan request (DEV20-0008) allowing the remodel of the commercial building located at 444 Front Street to accommodate a Taco Bell Cantina Restaurant. An exception to the Town’s Sign Control Ordinance is approved allowing three wall signs, while only two wall signs are allowed under the Ordinance. Development shall be substantially as shown on the project drawings titled “Taco Bell,” as prepared by Globeatelie, dated June 29, 2020, except as may be modified by conditions contained herein. * 2. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 3 OF RESOLUTION NO. 2020-06 and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3’ x 3’ sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. * 3. Prior to issuance of a demolition permit, or building permit, 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: $237.80 [(160 notices x $0.83 per notice) + ($105)]. * 4. 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 been, or will be, met to the satisfaction of these respective agencies. 5.If during the course of project construction, 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 recommence 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. 6.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 deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this State law, then the landowner 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. DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 4 OF RESOLUTION NO. 2020-06 * 7. 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. 8.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-site 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. 9.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 publicly owned property unless preauthorization is secured from the Engineering Division through review and issuance of an encroachment permit. B. SITE PLANNING 1.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. 2.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. C. LANDSCAPING * 1. Final landscape and irrigation plans shall be submitted for final review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. * 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. The irrigation DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 5 OF RESOLUTION NO. 2020-06 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. * 3. 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. 4.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. 5.The project frontages shall be improved to include street trees, brick banding, and streetlights in compliance with the Town’s Old Town Beautification Plan, as determined by the Town. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/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. 2.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 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 the trash/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. 3.The building windows shall be clear, not tinted, to allow interior views. 4.The fence around the outdoor dining area shall be as low in height as possible while meeting ABC requirements. DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 6 OF RESOLUTION NO. 2020-06 5.Existing hardscape shall be replaced where appropriate, as determined by the Town, to match new concrete which may be necessary to meet accessibility standards. 6.The metal roof color treatment shall be of a type/method that resists fading over time. 7.The art panels on the left (drive-thru) elevation shall not be used for advertising. 8.A color mock-up shall be provided for review and approval by DRB prior to final approval. E. PARKING * 1. All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles and to avoid narrowing abutting walkways to an inappropriate clear width dimension. * 2. 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. * 3. 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. F. STREETS * 1. 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. 2.Any 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 Division, such repair may include slurry seal; pavement overlay; and/or street reconstruction. Prior to commencement of any site work, the project developer shall establish baseline preconstruction roadway conditions in a manner satisfactory to the City Engineer for the portion of Front Street that would potentially be impacted by construction. DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 7 OF RESOLUTION NO. 2020-06 * 3. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. * 4. 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. 5.The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. * 6. No concentrated drainage shall be permitted to surface flow across sidewalks. 7.The development shall be required to make all accessibility requirement improvements as may be deemed necessary by the Town’s Building Division. G. 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 Planning Commission approval through the revised final Development Plan review process. * 2. 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. DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4 PAGE 8 OF RESOLUTION NO. 2020-06 APPROVED by the Danville Planning Commission at a regular meeting on July 28, 2020 by the following vote: AYES: Bowles, Combs, Graham, Havlik, Trujillo, Verriere NOES: None ABSTAINED: None ABSENT: Radich ______________________________ CHAIR APPROVED AS TO FORM: ATTEST: _______________________________ _____________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 8731C54B-AB7F-47C2-9401-3950804A60D4