Loading...
HomeMy WebLinkAbout2023-02 RESOLUTION NO. 2023-02 APPROVING DEVELOPMENT PLAN REQUEST DEV23-0012 ALLOWING A SECOND STORY ADDITION, THE INFILL OF AN EXISTING PORCH, AND OTHER MINOR MODIFICATIONS TO THE PODVA FARM HOUSE, A DESIGNATED DANVILLE HERITAGE RESOURCE LOCATED AT 809 PODVA ROAD (APN 208-462-013). WHEREAS, JOEL MALAKOFF (Owner/Applicant) has requested approval of Development Plan application DEV23-0012 to allow for a second story addition, the infill of an existing porch, and other minor modifications to a Designated Danville Heritage Resource; and WHEREAS, the subject site is located at 809 Podva Road, also known as the Podva Farm House, and is further identified as Assessor’s Parcel Number 208-462-013; and WHEREAS, the Town’s Historic Preservation Ordinance requires approval of a Development Plan application prior to the construction of any alteration to a structure that contains historical significance; 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 Heritage Resource Commission did review the project at a noticed public hearing on October 9, 2023; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Heritage Resource 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 Danville Heritage Resource Commission approves Development Plan application DEV23-0012 and makes the following findings in support of this action: Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 2 OF RESOLUTION NO. 2023-02 2. The development will be an attractive and efficient development, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development, in that, the applicant worked with a professional design team, a historic architect, and the Town’s reviewing bodies to determine the most appropriate and reasonable approach to the addition and modifications of the historic building. 3. The proposed development is consistent with the Danville 2030 General Plan and the O-1; Limited Office District Ordinance, in that the Development Plan approval will ensure the retention of a historic resource, and recognizes such resource as an essential part of the Town’s heritage. The addition will fit seamlessly into the fabric of the downtown and surrounding neighborhoods’ character. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town, in that the development will meet all health and safety codes and is subject to compliance with all applicable building codes and requirements. 5. The proposal is in consistent with The Town’s Historic Preservation Ordinance 32- 72 and the Town’s Design Guidelines for Heritage Resources, in that the Development Plan observes the recommended approaches for the alteration of a historic structure. Certificate of Approval: 1. The proposed alteration will not adversely affect the historically significant exterior architectural features of the Heritage Resource or the special character, interest or value of its neighboring improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture. Specifically, the applicant worked with a professional design team, a historic architect, and the Town’s reviewing bodies to determine the most appropriate and reasonable approach to the alteration of the historic building. In addition, the project is consistent with the requirements of the Town’s Historic Preservation Ordinance and Design Guidelines for Heritage Resources. 2. The reviewing body relied upon the most current version of the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," the State Historic Building Code and the Town of Danville’s Design Guidelines for Heritage Resources. 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. The Planning Division shall review and approve each item unless otherwise specified. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 3 OF RESOLUTION NO. 2023-02 A. GENERAL 1. This approval is for Development Plan request DEV23-0012 allowing a second story addition, the infill of an existing porch, and other minor modifications to the Designated Danville Heritage Resource at 809 Podva Road (the Podva Farm House). Except as may be modified by these conditions of approval, development shall be substantially as shown on the project drawings as follows: a. Floor plans and elevations, labeled “Building Remodel 809 Podva Road,” as prepared by Ruffin Architecture, consisting of 36 sheets, dated received by the Planning Division on August 30, 2023. 2. The applicant shall pay any and all Town and other related 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. Waiver of fees may be considered as part of the recommended historic preservation incentives for the property, which requires separate approval by the Town Council. 3. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $198.89 ($130.00 + 83 notices X $0.83 per notice). * 4. Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. * 5. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. * 6. 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 DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 4 OF RESOLUTION NO. 2023-02 approved in writing by the City Engineer for general construction activity 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. * 7. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the 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 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. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report. 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 applicant must sign the report. 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. * 10. Planning Division sign-off is required prior to the completion of a Final Building Inspection. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights-of-way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 5 OF RESOLUTION NO. 2023-02 C. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. The street number for the buildings shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 3. Project signage is not approved as part of this application. Design of tenant signage, including any proposed lighting, shall be submitted for review and approval by the Design Review Board and the Historic Design Review Committee under a separate Sign Permit application. 4. The proposed modifications to the attic roof located on the historic portion of the structure comprised of the addition of skylights is approved. This approval does not include the inclusion of stained glass windows on the front or rear of the attic gable. D. HISTORIC PRESERVATION 1. Prior to issuance of a building permit for the project, Town staff, the project Historic Architect, the Town Building Inspector for the project, and the building contractor for the project shall participate in a pre-construction meeting. The meeting shall focus on and highlight the historic preservation related details and requirements associated with the building permit. During the meeting, the Town and the contractor shall also review all historic preservation related conditions of approval related to the project. 2. At least one week prior to the removal of any exterior building materials or architectural elements that are required to be preserved and re-used as part of the project, the applicant shall be required to notify in writing the Planning Division of the date and time of the initiation of the work. The project’s Historic Architect shall be required to be on site as necessary to inspect the proper handling of the condition of the exterior building materials and elements to be re-used. If any of the exterior building materials or elements previously believed suitable for re-use is found to be in a substantially deteriorated condition, their replacement shall be subject to approval by the Planning Division in consultation with the project’s Historic Architect. 3. During the review of the building permit plans for the project and during DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 6 OF RESOLUTION NO. 2023-02 project construction, the Town and the building contractor shall utilize the Town Historic Preservation Checklist form to assure that all of the preservation requirements outlined by these conditions of approval and shown on the structural report/building preservation plans are fully complied with. E. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 3. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. F. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division 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 expressly prohibited. * 3. 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. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 7 OF RESOLUTION NO. 2023-02 * 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 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. G. 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. Any work conducted on the street for sewer connection shall be coordinated with the Town’s Development Services Department to avoid or minimize any public impact. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. * 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined acceptable by the City Engineer. * 5. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. * 6. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. * 7. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards or in public streets. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 8 OF RESOLUTION NO. 2023-02 * 8. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. 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 and/or Heritage Resource Commission approval through a revised Development Plan review process. * 2. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. * 3. The proposed project shall conform to the Town’s Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9 PAGE 9 OF RESOLUTION NO. 2023-02 APPROVED by the Heritage Resource Commission at a regular meeting on October 9, 2023 by the following vote: AYES: Belotz, Benvenuto, Halverson, Houlihan, Powers, Warren NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: CE10C196-5B53-4E56-B162-C7E4879D3BA9