HomeMy WebLinkAbout2022-03 RESOLUTION NO. 2022-03
APPROVING DEVELOPMENT PLAN REQUEST DEV21-0004 ALLOWING FOR
THE REMODEL OF THE BUILDING FAÇADE AND THE CONSTRUCTION OF
PERMANENT AWNING STRUCTURES ALLOWING FOR EXPANDED LONG-
TERM OUTDOOR SEATING ON THE PROPERTY LOCATED AT 298 HARTZ AVE
(APN: 200-212-009)
WHEREAS, Jonathan James (Applicant) and Drew Nichols (Business Owner) and John R
Rhodes & Linda E Tre and Robert H Brill & Donna M Tre (Property Owners) have
requested approval of a Development Plan application to allow for the remodel of the
building façade and the addition of permanent outdoor seating at the existing Primo’s
Pizzeria and Yogurt Shack tenant spaces; and
WHEREAS, the subject site is located at 298 Hartz Ave and is further identified as
Assessor’s Parcel Number 200-212-009; and
WHEREAS, the Town of Danville Downtown Business District Development Ordinance
requires approval of a Development Plan application prior to development within the
Downtown Business District; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA) Class 1, Section 15301; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 8, 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 DEV21-0004 per the conditions contained herein, and makes the
following findings in support of this action:
FINDINGS OF APPROVAL:
1. The applicant intends to obtain permits for construction within eighteen months
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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 1 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 1.
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 a building permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Development Plan request (DEV21-0004) allowing for
the remodel of the building façade and the addition of permanent outdoor
seating at the existing Primo’s Pizzeria located at 298 Hartz Ave. Except as
may be modified by the conditions contained herein, development shall be
substantially as shown on the project drawings prepared by William Wood
Architects, consisting of 13 sheets, and dated received by the Planning
Division on February 22, 2022.
2. The applicant shall obtain a building permit from the Town’s Building
Division prior to installation of the new equipment.
* 3. The applicant shall pay or be subject to any and all Town and other related
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fees that the property may be subject to. These fees shall be based on the
current fee schedule in effect at the time the relevant permits are secured,
and shall be paid prior to issuance of said permit and prior to any Town
Council final approval action.
4. Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding neighboring property owners of the public
hearing. The fee shall be $233.75 ($130 plus 125 notices X $0.83 per notice).
* 5. Any expansion or modification of the use shall be subject to review and
approval by the Planning Division under a separate Land Use Permit and/or
Development Plan application.
6. At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with sections 32-4.18 of the Danville
Municipal Code, including failure to comply with these Conditions of
Approval if the permittee has caused or permitted any public nuisance in
connection with the use.
7. The applicant shall install at least two additional bicycle parking racks on the
site focused on the area which is being dedicated as public space near the
corner. The type of bike racks and location shall be subject to review and
approval by the Town prior to issuance of Building Permits for the project.
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
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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
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.
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.
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3. Additional/new signage shall be subject to review and approval by the
Town under a separate sign permit application.
4. Final exterior paint colors will be reviewed by the Town and the Design
Review Board. Mock-up paint colors shall be applied to a wall area for
review and approval prior to the final painting of the building.
E. PARKING
1. Prior to the issuance of building permits, the applicant shall pay the off-site
parking in-lieu fee of $11,959.
2. If the applicant uses the area designated as public plaza for private use, they
will be required to pay the parking in-lieu fee for the 15.52 stalls valued at
the current rate of non-retail parking stalls.
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. 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.
3. 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.
* 4. 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.
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* 5. 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.
6. The Project shall be required to stripe curbs and install any necessary parking
or circulation signage, as determined by the Transportation Division.
* 7. No concentrated drainage shall be permitted to surface flow across
sidewalks.
8. The development shall be required to make all accessibility requirement
improvements as may be deemed necessary by the Town’s Building
Division.
9. The applicant shall be required to replace the existing driveway curb-cuts on
along the project frontage on Hartz Avenue and Diablo Road with new a
new curb, gutter, and sidewalk. The applicant shall submit improvement
plans prepared by a registered engineer for review and approval by the
Town prior to issuance of building permits for the project. The
improvements shall be installed prior to final approval of the building
permits for the project.
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.
3. Prior to the issuance of building permits, the applicant shall dedicate a public
access easement to the Town on record with the County Recorder which
covers the approved public plaza area.
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APPROVED by the Danville Planning Commission at a regular meeting on March 8, 2022,
by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
_____________________________________
Chair
APPROVED AS TO FORM:
_______________________________ ______________________________________
City Attorney Chief of Planning
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