HomeMy WebLinkAboutASRPC20220322 -07.1PLANNING COMMISSION STAFF REPORT 7.1
TO: Chair and Planning Commission March 22, 2022
SUBJECT: Resolution No. 2022-05, approving Development Plan request DEV21-
0012 and Variance request VAR22-0004 to allow the development of a
new 3,395 square foot two-story commercial building combining two
existing parcels. A Variance is requested for a reduction in the required
side and front yard setbacks, the development’s floor area ratio (FAR),
and on-site parking requirements. The site is located at 212 Front Street
(Project Planner: David Crompton).
PROJECT DESCRIPTION/BACKGROUND
The applicant, Capital Equity Management Group, and architect, FCGA Architecture,
wish to pursue approval to construct a new commercial building at 212 Front Street. The
site includes two 1,856 square foot existing parcels (3,712 total site area) and the building
would be constructed to straddle the shared property line. The proposed building
includes 560 square feet of mezzanine area in addition to the two floors of commercial
space. There is an existing 500 square foot building on the site that would be demolished.
The Planning Commission discussed this proposal during a study session on August 10,
2021. At that meeting, the Commission indicated general support for the project.
The Design Review Board reviewed this project on February 10, 2022 and recommended
that the Planning Commission approved the design elements of the project.
EVALUATION
The proposed development is located within Downtown Business District Area 3; Old
Town Mixed Use. The applicant is requesting the following variances:
Setbacks
The front yard setback requirement is an average of 10-feet. The effective average front
yard setback is proposed to be 11-feet one- inch, exceeding the minimum requirement.
However, this measurement is taken from the edge of the Front Street public right-of-
way which includes the fronting portion of the parcel to the right (Parcel C). Measurement
of the front yard setback from the back side of Parcel C to the proposed building would
result in a non-conforming front yard setback.
212 Front Street 2 March 22, 2022
The minimum side yard setback requirement is 5-feet. While the ground floor maintains
a 5-foot setbacks on each side, the proposed second story extends to within one foot of
each side yard property line. The proposed building exceeds the minimum required
20-foot rear yard setback.
Floor Area Ratio
DBD Area 3 establishes a maximum floor area ratio (FAR) of 65 percent. Under the DBD
Ordinance, the FAR is based on the net area available for development, inclusive of all
conditioned space. Because of this, the area of the parcels within the creek area is not
included in the FAR calculation. As a result, the proposed project FAR is 1.33, more than
double the allowable FAR. If the creek area, and area of the adjacent Parcel C which fronts
the subject parcels, were included in the parcel area as part of the FAR calculation, the
FAR would be 86 percent. This FAR is comparable to the allowable FAR in the core
downtown DBD 1, 2, and 2A areas.
Height
The maximum height for a building in the downtown area is 35 feet and/or two and
one-half stories. The proposed building meets the two and one-half story requirement as
the proposed mezzanine is completely tucked within the building’s roofline. The
building steps down to a lower pad elevation in the rear. The Town’s DBD Ordinance
required that the height be based on a measurement from the average pad elevation to
the high point of the building. Based on this measurement, the building would have a
maximum height of about 38.5 feet. However, the apparent height as viewed from Front
Street would be 35’ and would be consistent with character of the downtown area.
Parking
DBD Area 3 requires that 75 percent of the parking demand associated with the building
be provided on-site. Based on the assumed use of the two stories for offices and storage
use for the mezzanine, the total parking demand would be 13 spaces. In addition, the
proposed development would eliminate two existing on-site parking spaces. The
development does not propose any on-site parking spaces. All off-site parking would be
subject to the payment of the Town’s off-site parking in-lieu fees.
Architecture
During the study session, most of the Commission members expressed concerns
regarding the magnitude of the FAR and the left and right sides of the building which
212 Front Street 3 March 22, 2022
had relatively blank walls. The architect addressed these issues by adding recessed
windows to wall areas that extend out over the first-floor footprint. These modifications
were well received by the DRB.
RECOMMENDATION
Adopt Resolution No. 2022-05, approving Development Plan request DEV21-0012 and
Variance request VAR22-0004 to allow the development of a new 3,395 square foot two-
story commercial building combining two existing parcels. A Variance is requested for a
reduction in the required side and front yard setbacks, the development’s floor area ratio
(FAR), and on-site parking requirements. The site is located at 212 Front Street.
Prepared by:
David Crompton
Chief of Planning
Attachments: A: Resolution No. 2022-05
B: Public Notification and Notification List
C: Architectural Plans, floor plans, renderings, landscape plans, civil
plans, and colors and Materials
RESOLUTION NO. 2022-05
APPROVING DEVELOPMENT PLAN REQUEST DEV21-0012 AND VARIANCE
REQUEST VAR22-0004 TO ALLOW THE DEVELOPMENT OF A NEW 3,395
SQUARE FOOT TWO-STORY COMMERCIAL BUILDING COMBINING TWO
EXISTING PARCELS. A VARIANCE IS REQUESTED FOR A REDUCTION IN THE
REQUIRED SIDE AND FRONT YARD SETBACKS, THE DEVELOPMENT’S
FLOOR AREA RATIO (FAR), AND ON-SITE PARKING REQUIREMENTS. THE
SITE IS LOCATED AT 212 FRONT STREET.
WHEREAS, Capital Equity Management Group, Andrew Katakis (Owner/Applicant)
and FCGA Architecture, Galen Grant have requested approval of a Development Plan
(DEV21-0012), and Variance request (VAR22-0004) to allow the development of a new
3,395 square foot two-story commercial building combining two existing parcels. A
Variance is requested for a reduction in the required side and front yard setbacks, the
development’ floor area ratio (FAR), and on-site parking requirements; and
WHEREAS, the site is located at 212 Front Street, and further identified as Assessor’s
Parcel Number 216-120-038; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303(c) Class 3, New
Construction or Conversion of Small Structures; and
WHEREAS, the Planning Commission did review the project at a duly noticed public
hearing on March 22, 2022; 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 DEV21-0012 and Variance request VAR22-0004 per the
conditions contained herein, and makes the following findings in support of this action:
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2022-05
FINDINGS OF APPROVAL
Downtown Development Plan
1. The applicant intends to obtain permits for construction within eighteen (18)
months from the effective date of plan approval in that, the project specific conditions
of approval require the submittal of construction drawings within eighteen (18) 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 Policies.
3. The proposed development is consistent with the Town’s Downtown Business
District Ordinance, and that traffic congestion will not likely be created by the
proposed building or will be obviated by:
a. Presently project improvements;
b. Proper entrances and exits;
c. Internal provisions for traffic and parking; and
d. That the development will be an attractive and efficient building which will fit
harmoniously into and will not have adverse effects upon the adjacent or
surrounding development.
Variance
1. That any variance authorized shall 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, the
proposed front yard setback variance would result in an average front yard setback of 5.5
feet, where an average 10-foot setback is required. However, granting this variance is not a
grant of special privilege as the effective setback to the back of the sidewalk would be 11’ 1”,
consistent with the requirements of other properties in the area; in that, the proposed side
yard setback variance would result in an encroachment of four feet into the required five-
foot side yard setback for the second story only. The proposed side yard setback is consistent
with many existing developments in the downtown area; in that the proposed floor area
ratio (FAR) variance would result in an effective FAR of 86%, which is consistent and in
character with other development in the downtown area; in that, the parking variance would
allow for 100% off-site parking while the zoning district requires that 75% of required
parking be provided on site. However, the subject site is near shared public parking, and the
allowance to provide up to 100% of required parking off-site with the payment of the Town’s
parking in lieu-fee is consistent with the limitation of other commercial developments in the
downtown area.
PAGE 3 OF RESOLUTION NO. 2022-05
2. 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, about one-third of the property extends into the adjacent San Ramon Creek area.
This area is un-buildable and is a constraint that is not common to most lots in the
downtown area.
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 that, the
proposed building will be in-scale with the character of the downtown area and allows for
the reasonable development of the property.
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 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
1. This approval is for a Development Plan request DEV21-0012 allowing the
development of a new 3,395 square foot two-story commercial building
combining two existing parcels. A Variance VAR 22-0004 is requested to
allow for a reduction in the required front yard setback for an average 5.5-
foot setback when a 10-foot average setback is required; a one-foot side yard
setback for both sides for the second story, while a minimum five-foot
setback is required; a floor area ration (FAR) of 86% while a maximum FAR
of 65% is allowed; and to allow 100% off-site parking while 75% on-site
parking is required. The site is located at 212 Front Street. Development shall
be substantially as shown on the project drawings titled:
a. Architectural plans labeled “212 Front Street,” as prepared by FCGA
Architecture, dated 10/28/21.
b. Landscape Plans labeled “212 Front Street,” as prepared by Borrecco
Kilian & Associates, dated 10/6/21.
c. Civil Drawings labeled “212 Front Street,” as prepared by CBG Civil
Engineers, dated 10/14/21.
PAGE 4 OF RESOLUTION NO. 2022-05
2. 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 the initial submittal for the final map, plan
check, and/or building permit review process (whichever occurs first). This
report shall list each condition of approval followed by a description of
what the applicant has provided as evidence of compliance with that
condition. The report 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.
* 3. Prior to issuance of Demolition Permit, Grading Permit, or Building Permit
(whichever comes first), the applicant shall reimburse the Town for
notifying the following:
Public Notification of property owners within 750-foot radius: $566.49 (101
notices x $0.83 per notice) + ($105) x (3 mailings); and
* 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. Prior to issuance of Demolition Permit, the applicant shall conduct a
Phase I- Inventory of Cultural Resources pursuant to the Native
American Heritage Commission Standards.
6. 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.
7. 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
PAGE 5 OF RESOLUTION NO. 2022-05
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 land
owner shall re-inter the human remains and items associated with Native
American burials on the property in a location not subject to further
subsurface disturbance.
* 8. Prior to any construction work on the site, including grading, the applicant
shall install a minimum 3’x3’ sign at the project entry which specifies the
allowable 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.
* 9. 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.
* 10. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. 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.
* 11. Planning Division sign-off is required prior to final Building Inspection
sign-off.
12. Prior to issuance of Demolition Permit, Grading Permit (whichever comes
first), or site disturbance the following conditions shall be complied with:
a. 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 structures, if encountered during construction activities.
b. An asbestos survey shall be conducted by an Asbestos Hazard
Emergency Response Act (AHERA) and California Division of
PAGE 6 OF RESOLUTION NO. 2022-05
Occupational Safety and Health (Cal/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 that would 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 11,
Rule 2.
c. If paint is separated from building materials (chemically or physically)
during demolition of the structures, the paint waste shall be evaluated
independently from the building material for lead by a qualified
Environmental Professional. If lead-based paint is found, the applicant
shall be responsible for abatement, which shall be completed by a
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 protection, 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.
d. If the asbestos containing-materials (ACM) report determines there
are ACMs present, the applicant shall have the responsibility to:
• 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, Cal-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, location, and quantity of ACMs
documented to be present at the site, with such notification to
occur within 15 days of receiving such information;
• Retention of a State of California licensed and Cal-OSHA
registered asbestos contractor to complete the recommended
pre-demolition abatement of all ACM at the site;
• Provision of a 10-working day minimum advanced written notification to BAAQMD prior to demolition activities (with said
PAGE 7 OF RESOLUTION NO. 2022-05
notice to be accompanied by payment of requisite administrative
fees); and
• Provision of an “Intent to Conduct ACM Related Work”
notification to Cal-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 Cal-OSHA worker exposure regulations; and (c) provision of
an “Intent to Conduct Lead Related Work” notification to Cal-OSHA.
f. 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.
13. During ground disturbance and if artifacts and/or human remains are
uncovered, the applicant should immediately stop construction. The
applicant shall then notify Ed Silva, Natural Resources Coordinator of
Wilton Rancheria Tribe; Katherine Perez, Nototomne Cultural Preservation
Tribe; and Andrew Galvan, The Ohlone Indian Tribe; and the appropriate
Federal and State Agencies. Such provisions are stated in the;
Archaeological Resources Protection Act (ARPA) [16 USC 469], Native
American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C.
3001-30013], Health and Safety Code section 7050.5, and Public Resources
Code section 5097.9 et al.
B. SITE PLANNING
* 1. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any building.
2. Prior to issuance of Building Permit, the applicant shall submit the location
and detail of Town approved bicycle parking/racks.
3. The applicant shall dedicate a public access easement from Front Street (to
the left of the building) and extending across the rear of the building
PAGE 8 OF RESOLUTION NO. 2022-05
generally following the existing flood control maintenance trail.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. The plan
shall include common names of all plant materials and shall indicate the
size that various plant materials will achieve within a five-year period of
time.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
* 3. All trees shall be a minimum of 15-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 10 or 15-
gallon container size shrubs.
* 4. 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.
5. The builder shall be required to replace the existing curb cuts with the curb,
gutter, and sidewalks, including brick banding, consistent with the Town’s
Downtown Street Beautification Plans.
D. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading or demolition, the
applicant shall post the site and mail to the owners of property within 300
feet of the exterior boundary of the project site, to the homeowner
associations of nearby residential projects and to the Town of Danville
Development Services Department, a notice that construction work will
commence. 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.
PAGE 9 OF RESOLUTION NO. 2022-05
* 3. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall include
specific recommendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Town’s Engineering and
Planning Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
* 5. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 6. 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.
7. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
8. Prior to issuance of Demolition Permit, Grading, or Building Permits, 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 Environmental Health (CCEH) as follows:
a. Obtain a permit from 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.
b. Hazardous construction and demolition (C&D) materials shall be
separated from those than can be recycled or disposed of.
PAGE 10 OF RESOLUTION NO. 2022-05
c. Debris from construction or demolition activity must 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
Notification, etc.). The debris must 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.
d. Non-source separated waste materials must not be brought back to the
contractor’s yard unless the facility has the appropriate solid waste
permit or EA Notification.
e. If tenancy is subject to regulation by CCEHD, the tenant must apply for
the applicable health permit (e.g., medical waste).
E. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 3. 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. Prior to issuance of Grading Permit, Building Permit, the applicant shall
submit construction drawings to Central Contra Costa Sanitary District
(Central San) for review and approval. Central San has included the
following conditions/revisions required to be included on any construction
drawings:
a. The applicant shall obtain a 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 the Central Sanitary District for review
and approval. The commercial businesses would be subject to Central
San’s Source Control Ordinance and specific source control requirements
shall be reviewed and approved during Improvement plan submittal.
PAGE 11 OF RESOLUTION NO. 2022-05
c. The applicant shall submit payment of capital improvement fees for
developments that generate an added wastewater capacity demand to
the sanitary sewer system.
F. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right-of-way or
easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. 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.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
* 5. 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 Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. 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 #A.1. above and shall conform to Standard Plan 104 a & b.
PAGE 12 OF RESOLUTION NO. 2022-05
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
9. Prior to issuance of 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:
a. For buildings 30 feet (11 meters) and over in height above natural grade,
the required fire apparatus access roadway shall be a minimum of 26-feet
(8 meters) in width and shall be positioned parallel to at least one entire
side of building, and the inside curb shall be located within a minimum
of 15 feet (4,572 mm) and a maximum of 30 feet (9,144 mm).
b. Fire flow requirements for buildings or portions of buildings and
facilities shall be in accordance with CFC or other approved methods.
Provide flow data from appropriate water purveyor to demonstrate that
the fire flow is adequate.
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. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, 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.
* 3. 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
PAGE 13 OF RESOLUTION NO. 2022-05
claim, action or proceeding and cooperate fully in the defense.
* 4. 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 project’s 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 Stormwater
C.3 Guidebook.
b. As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
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.
5. 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.
c. Permeable pavers on sidewalk and within project vicinity.
PAGE 14 OF RESOLUTION NO. 2022-05
APPROVED by the Danville Planning Commission at a regular meeting on March 22,
2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
CHAIRMAN
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________
CITY ATTORNEY CHIEF OF PLANNING
NOTICE OF A PUBLIC HEARING
Danville Planning Commission Meeting
Tuesday, March 22, 2022, at 4:00 p.m. | Teleconference only (details below)
Project Name: 212 Front Street
Case File Nos.: DEV21-0012 & VAR22-0004
Location: 212 Front Street | APN: 216-120-038
Description: Development Plan request DEV21-0012 and Variance request VAR22-0004 to allow
the development of a new 3,395 square foot two-story commercial building
combining two existing parcels. A Variance is requested for a reduction in the
required side and front yard setbacks, the development’ floor area ratio (FAR), and
on-site parking requirements.
Environmental
Review: The project has been found to be categorically exempt from the requirements of the
California Environmental Quality Act (CEQA), Section 15303, Class 3.
Property Owners: Capital Equity Management Group, Andrew Katakis
P.O. Box 1747
Modesto, CA 95353
Applicant: Galen Grant
FCGA Architecture
301 Hartz Avenue
Danville, CA 94526
Staff Contact: David Crompton, Chief of Planning
(925) 314-3349
dcrompton@danville.ca.gov
CORONAVIRUS DISEASE (COVID-19) ADVISORY
AND MEETING PROCEDURE
On September 16, 2021, the Governor signed AB 361, extending Brown Act amendments through
December 31, 2023, allowing legislative bodies to meet via teleconference during a proclaimed state
of emergency by the Governor as a precaution to protect the health and safety of staff, officials, and
the general public. As required by AB 361, the Danville Town Council has made findings that it is
necessary to continue with remote meetings and adopted Resolution No. 13-2022 on March 1, 2022,
ATTACHMENT B
approving the continued use of teleconferencing for public meetings of Town legislative bodies for
the subsequent 30 days.
Members will be participating via teleconference. As such, there will be no physical location for
members of the public to participate in this meeting.
The Town of Danville encourages citizens to participate in public meetings. Members of the public can
watch or listen to meetings via the web-video communication platform Zoom. Agendas are
posted on the Town website: https://www.danville.ca.gov/agendas.
Public comments may be provided in one of two ways:
Zoom – verbal comments: To provide live comments during the meeting, join the meeting at the
scheduled time via the Zoom link on the agenda. When the agenda item is opened to public
comment, click on the "Raise Your Hand" option in Zoom. Your name will be announced, and you
will have up to 3 minutes to share your comments.
Email - written comments: To provide written comments, send an email to the Administrative
Assistant prior to 11:00 a.m. on March 22, 2022. Correspondence should include the meeting date
and agenda item number. All comments received prior to the deadline will be provided to
the Commissioners in advance of the meeting. Written comments will not be read into the record.
If you have questions, contact the Administrative Assistant at 925-314-3310
or devserv@danville.ca.gov prior to 11:00 a.m. on the day of the meeting. For additional information
regarding the project, please contact the staff representative as referenced above.
To access the Commission meeting:
Town of Danville website: https://www.danville.ca.gov/agendas
Zoom: https://us02web.zoom.us/j/88994255589
Webinar ID: 889 9425 5589
For audio access to the meeting by telephone, use dial-in information below:
US: (669)900-6833 or (346)248-7799 or
(253)215-8782 or (312)626-6799 or
(929)205-6099 or (301)715-8592
Please note that telephone access to the meeting is recommended for audio only. To supplement a PC,
Mac, tablet or device without audio, you may also join by phone at the telephone numbers listed above.
All interested persons are encouraged to attend and be heard during the teleconference at the
scheduled public hearing at 4:00 p.m., Tuesday, March 22, 2022. For additional information
regarding the project, please contact the staff representative as referenced above.
NOTE: If you challenge the Town’s decision on this matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the Town at, or prior, to the public hearing.
In compliance with the Americans with Disabilities Act, the Town of Danville will provide special assistance
for disabled citizens. If you need special assistance to participate in this meeting, please contact the City Clerk
(925) 314-3388. Notification 48 hours prior to the meeting will enable the Town to make reasonable
arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
Vicinity Map and Hearing Notice Boundary
212 Front Street
PROJECT SITE
APN NAME ADDRESS CITY STATE ZIP
208340004 ROIC CALIFORNIA LLC PO BOX 130339 CARLSBAD CA 92013
216110004 KING OF DANVILLE INVESTORS PO BOX 1547 SAN RAMON CA 94583
216120018 KENT E GREG & BEVERLY C TRE PO BOX 236 ALAMO CA 94507
208023027 BENTHAM JESSIE E PO BOX 541 ALAMO CA 94507
208022048 SCOTT MARK A & KIMBERLY TRE PO BOX 553 DANVILLE CA 94526
208022013 OFFENHARTZ DOUG TRE PO BOX 887 DANVILLE CA 94526
199350023 WOO VIVIAN TRE PO BOX 982 EL CERRITO CA 94530
208790008 WELKER JAY SCOTT & JUDY L TRE 1004 S BAY FRONT NEWPORT BEACH CA 92662
200211020 198 DIABLO ROAD HOLDINGS LLC 101 YGNACIO VALLEY RD STE 450 WALNUT CREEK CA 94596
208022010 CHERN INVESTMENTS III LLC 1061 EAGLE NEST PL DANVILLE CA 94506
216110036 KENBER CHRISTOPHER GODFREY TRE 1073 RIVER ROCK LN DANVILLE CA 94526
216110037 ETTER DANIEL J 1075 RIVER ROCK LN DANVILLE CA 94526
216110038 CAPRIOTTI DINO & LISA C TRE 1077 RIVER ROCK LN DANVILLE CA 94526
208790006 RANDALL TERESA LEE 111 WEST PROSPECT AVE 203 DANVILLE CA 94526
208790007 HOGAN KIM 111 WEST PROSPECT AVE 204 DANVILLE CA 94526
196210051 LSB PROPERTIES 1207 UPPER HAPPY VALLEY RD LAFAYETTE CA 94549
208023018 MOONEY LAWRENCE & PATRICIA TRE 1252 VAILWOOD DR DANVILLE CA 94526
208790019 LASSEN RESIDENTIAL PROP LLC 12885 ALCOSTA BLVD SAN RAMON CA 94583
216120043 MONTAIR ASSOCIATES 12885 ALCOSTA BLVD #A SAN RAMON CA 94583
216120029 MONTAIR ASSOCIATES 12885 ALCOSTA BLVD STE A SAN RAMON CA 94583
208790002 DH INVESTORS LLC 12885 ALCOSTA BLVD STE A SAN RAMON CA 94583
208022012 TIMEPIECE VENTURES LLC 12885 ALCOSTA BLVD SUITE A SAN RAMON CA 94583
208025024 CLEVRON COMMERCIAL LLC 14407 BIG BASIN WAY #D SARATOGA CA 95070
208026013 HARTZ 675 LLC 1480 MORAGA RD STE C #421 MORAGA CA 94556
216120035 DIABLO VALLEY BANK 150 ALMADEN BLVD SAN JOSE CA 95113
208022011 DUDUM JACK & SYLVIA 1517 N MAIN ST STE 212 WALNUT CREEK CA 94596
200211028 156 DIABLO RD LLC 156 DIABLO RD 300 DANVILLE CA 94526
196210048 MERMAID HOLDINGS LLC 167 OAKRIDGE DR DANVILLE CA 94506
208010021 GENTILE JOHN A & HARUYE TRE 170 LA SERENA AVE ALAMO CA 94507
208022041 HEDJRAN MINOO P TRE 1705 ZINFANDEL DR BRENTWOOD CA 94513
208790009 NELSON MARK A TRE 1730 PORT MANLEIGH CIR NEWPORT BEACH CA 92660
208010022 CLOSE WANDA B TRE 1816 PLEASANT VALLEY AVE OAKLAND CA 94611
196210015 SABRA DANVILLE LP 18500 VON KARMAN AVE STE 550 IRVINE CA 92612
216120037 MM DANVILLE APARTMENTS LLC 18818 TELLER AVE STE 277 IRVINE CA 92612
208010019 GOODHUE NEIL B & DIANE C TRE 19 MALLORCA WAY SAN FRANCISCO CA 94123
216110103 COMMON AREA-TRACT 7888 1933 DAVIS ST #200 SAN LEANDRO CA 94577
208790017 WALZ ANDREW B TRE 200 RAILROAD AVE 201 DANVILLE CA 94526
208790010 MCEVILLY SUSAN N TRE 200 RAILROAD AVE 204 DANVILLE CA 94526
208790013 ELIAHU SHALOM TRE 200 RAILROAD AVE 207 DANVILLE CA 94526
208790015 ODONNELL WILLIAM J II TRE 200 RAILROAD AVE 209 DANVILLE CA 94526
208790016 TARANTINO JAMES & SUSAN TRE 200 RAILROAD AVE UNIT 210 DANVILLE CA 94526
208790011 LIFTON REBECCA TRE 202 CASCADAS CT SAN RAMON CA 94583
196210049 300 DIABLO II LLC 208 W EL PINTADO DANVILLE CA 94526
196210042 208 W EL PINTADO LLC 208 W EL PINTADO RD DANVILLE CA 94526
216120039 STUART JAMES W TRE 2149 CASCADE AVE STE 106A-304 HOOD RIVER OR 97031
208023025 ABU-GHABEN DARWISH TRE 220 W 4TH ST ANTIOCH CA 94509
208022030 PRESBYTERIAN CHURCH OF DANVILL 222 W EL PINTADO DANVILLE CA 94526
196201052 COMM PRESB CHURCH OF DANVILLE 222 W EL PINTADO DANVILLE CA 94526
216120012 JANLOIS PARTNERS LP 225 EL PASEO CIR WALNUT CREEK CA 94597
208025001 WEINBERG PROPERTIES LLC 225 RUTHERFORD DR DANVILLE CA 94526
200200023 PENG SHEENA 235 W EL PINTADO RD DANVILLE CA 94526
208010003 GODOSHIAN EDWARD G TRE EST OF 237 GLENVIEW DR SAN FRANCISCO CA 94131
216120001 CCC FLOOD CONTROL & WATER CONS 255 GLACIER DR MARTINEZ CA 94553
208010014 LEOU YUH LIN & HUI CHEN 26 BRANDT DR MORAGA CA 94556
208022036 DUGGAN DANIEL A JR TRE 261 HARTZ AVE DANVILLE CA 94526
208022038 VENTURES GN 26395 SCENIC RD CARMEL CA 93923
208022003 LINCOLN RANCH LLC 270 MONTEGO DR DANVILLE CA 94526
208025018 390 RAILROAD LLC 285 SAINT JAMES DR PIEDMONT CA 94611
196210050 380 DIABLO ROAD LLC 285 SAINT JAMES DR PIEDMONT CA 94611
196210052 ATTARHA MARK TRE 285 SAINT JAMES DR PIEDMONT CA 94611
208790004 MARCOTTE RENE J LLC 29151 SIMMS CT HAYWARD CA 94544
196210038 DANVILLE ASSISTED LIVING LLC 3 MONARCH BAY PLZ #203 DANA POINT CA 92629
208023020 LUKASZEWKI ANDREW 30 RUDGEAR DR WALNUT CREEK CA 94596
216110039 WEE WILLIAM K & EILEEN P TRE 3008 OAKRAIDER DR ALAMO CA 94507
208022015 BONNER BRADLEY & SHARON TRE 301 DURHAM CT DANVILLE CA 94526
208022014 MASON PROPERTIES LLC 3160 CROW CANYON PL STE 145 SAN RAMON CA 94583
208790018 GEORGE CHRISTOPHER M & TERESA 3163 MORRISON CANYON RD FREMONT CA 94539
196210053 318 DIABLO ROAD ASSOCIATES 318 DIABLO RD 250 DANVILLE CA 94526
196210011 GREEN TORINO LLC 318 DIABLO RD STE C DANVILLE CA 94526
208022020 DIABLO PARK LLC 322 W PROSPECT AVE DANVILLE CA 94526
208022021 DIABLO PARK LLC 322 W PROSPECT AVE DANVILLE CA 94526
199350015 LANGNER MICHAEL J TRE 3283 BLACKHAWK MEADOW DR DANVILLE CA 94506
208022044 ELWOOD 522 HARTZ LLC 34 ALAMO SQ ALAMO CA 94507
208022005 ELWOOD 500 HARTZ LLC 34 ALAMO SQ #200 ALAMO CA 94507
208022040 FRONT STREET PROPERTIES LLC 34 ALAMO SQ STE 200 ALAMO CA 94507
208010025 GRAYBEHL DIANE L TRE 3405 DEER RIDGE DR DANVILLE CA 94506
208025010 RBVM INVESTMENTS LLC 350 RAILROAD AVE DANVILLE CA 94526
208022047 BRIDGES LAND COMPANY 37087 WHEELER RD PLEASANT HILL OR 97455
208022046 BRIDGES LAND COMPANY 37087 WHEELER RD PLEASANT HILL OR 97455
216110105 CHARLOTTE WOOD DEVELOPERS LP 3727 BUCHANAN ST 4TH FL SAN FRANCISCO CA 94123
208023011 HARRIS JUDY LEE TRE 3798 EL CAMPO CT CONCORD CA 94519
208010005 YUN SONG CHAE TRE 3901 LICK MILL BLVD APT 309 SANTA CLARA CA 95054
208010024 YUN SONG CHAE TRE 3901 LICK MILL BLVD APT 309 SANTA CLARA CA 95054
208023026 FREMONT BANK 39150 FREMONT BLVD FREMONT CA 94538
208025006 FITCH TODD L & KRISTIN D TRE 400 MARIAN LN DANVILLE CA 94526
196380084 DANVILLE PARK RE LLC 4155 BLACKHAWK PLAZA CIR #201 DANVILLE CA 94506
208023014 HOWE JOHN V & JACKIE 485 HARTZ AVE DANVILLE CA 94526
208025023 501 HARTZ GROUP LLC 500 HARTZ AVE DANVILLE CA 94526
208023017 LAGOS JOHN & MARIE THERESA TRE 5348 HILLTOP CRESCENT OAKLAND CA 94618
208790012 DORHAN INVESTMENTS INC 535 OLD ORCHARD DR DANVILLE CA 94526
200211027 MADRID MARCUS TRE 57 SPRING LN DANVILLE CA 94526
208025009 DOYLE TERENCE & KIMBERLY TRE 571 HARTZ AVE DANVILLE CA 94526
208023015 GRAHAM DAVID & PATRICIA TRE 611 BRIDGEWATER CIR DANVILLE CA 94526
216120040 FRONT STREET HOUSE LLC 696 SAN RAMON VALLEY BLVD #504 DANVILLE CA 94526
200211018 TAMARACK GOLD LEGACY LLC 77 FRONT ST DANVILLE CA 94526
208025003 PKX LLC 775 KIRKCREST RD DANVILLE CA 94526
199350016 DESOUSA JOHN C & SHARON L 793 BARCELONA DR FREMONT CA 94536
216120028 RIELE GARY S & JULIE Z TRE 845 BALI CT DANVILLE CA 94526
208022049 PEARSON & WILLIAMS I 9000 CROW CANYON RD #S PMB 34 DANVILLE CA 94506
208022023 169 FRONT STREET LLC 9000 CROW CANYON RD #S349 DANVILLE CA 94506
208010006 PLASTIRAS JOAN TRE 967 DENNIS DR PALO ALTO CA 94303
ATTACHMENT C