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Home My WebLink About2007-16RESOLUTION NO. 2007-16 DENYING AN APPEAL AND UPHOLDING THE PLANNING DIVISION'S ADMINISTRATIVE APPROVAL OF DEVELOPMENT PLAN REQUEST DP 2005-07 AND THE DESIGN REVIEW BOARD'S APPROVAL OF SIGN REVIEW AND SIGN EXCEPTION REQUEST SR 2005-13 FOR AN EXISTING OFFICE COMPLEX LOCATED AT 373-383 DIABLO ROAD (APN: 216-120-037 -DANVILLE OFFICE PARTNERS, LLC) WHEREAS, DANVILLE OFFICE PARTNERS, LLC (Owner) and BARRY & VOLKMANN (Applicant) have requested approval of Development Plan request DP 2005-07 and Sign Review request SR 2005-13 to redesign the entry, parking lot, landscaping, and ground sign serving an existing office complex; and WHEREAS, the subject site is located at 373-383 Diablo Road and is further identified as Assessor's Parcel Number 216-120-037; and WHEREAS, the Planning Division and Design Review Board have reviewed the project, making requisite findings of approval to support the proposal, and therefore sent an appealable action letter approving the project to surrounding property owners on July 14, 2005; and WHEREAS, a neighboring property owner filed an appeal on July 22, 2005; and WHEREAS, a public notice of the November 22, 2005 Planning Commission meeting was mailed to surrounding property owners within 350 feet of the project site, was continued to December 13, 2005 and continued pending a field mock-up; and WHEREAS, the Planning Division has prepared a staff report recommending that the Planning Commission deny the appeal and uphold the Planning Division's and Design Review Board's approval of the applications; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing on December 13, 2005 and October 9, 2007; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville denies the appeal and upholds the Planning Division's administrative approval of Development Plan request DP 2005-07 and the Design Review Board's approval of Sign Review request SR 2005-13 and makes the following findings in support of this action: Development Plan: 1. The proposed development is in conformance with the goals and policies of the Danville 2010 General Plan. 2. The proposed development is in conformance with the zoning district in which the property is located. 3. The proposed Development Plan will not be detrimental to the health, safety, and general welfare of the Town. 4. The Development Plan will not adversely affect the orderly development of property within the Town. 5. The Development Plan will not adversely affect the preservation of property values and the protection of the tax base within the.Town. 6. The Development Plan will not adversely affect the policy and goals as set by the Danville 2010 General Plan. 7. The Development Plan will not create a nuisance and/or enforcement problem within the neighborhood or community. 8. The Development Plan will not encourage marginal development within the neighborhood. Sign Review and Sign Exception: 1. The signage granted through a sign exception is consistent in character with the Town's commercial design guidelines and is no larger than necessary for adequate identification because the lot is 4.26 +/- acres with over 49,000 square feet of office space. A ground sign at the entry would serve to adequately identify the office complex. 2. The signage will serve primarily to identify the business, establishment or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. 3. The signage will not excessively compete for the public's attention. 4. The signage will be harmonious with the materials, color, texture, size, shape, height, location, design, and in proportion with the property or environment of which they are a part. The sign location will not obstruct sight distance because the drive aisle dimension of 24 feet allows adequate back out of vehicles on the .east side of the median; the proposed textured or paver hardscape and landscape median act as additional traffic barriers, preventing cars that are backing out from interfacing with cars that are entering the property; and the proposed PAGE 2 OF RESOLUTION N0.2007-16 location for the sign (i.e. 2' behind the property line) is well behind the area in which cars would need to stop before making a rights or left turn out of the property and is also consistent with the requirements of the sign ordinance. 5. The design of the signage will be consistent with professional graphic and structural standards. 6. signage illumination allowed through a sign exception will be at the lowest level consistent with adequate identification and readability because the internal illumination would be used only behind the laser cut steel portion of the sign and the remainder of the sign is opaque. CONDITIONS OF APPROVAL: 1. Except as may be modified by the conditions contained herein, the redesigned entry authorized by this permit shall be substantially as shown on the plans as prepared by Barry & Volkmann, dated received by the Planning Division on June 3, 2005, June 13, 2005, and August 16, 2005. 2. The sign shall be per direction of the Town of Danville Design Review Board (DRB). DRB waived the requirement of a minimum of 100' street frontage length for placement of a ground sign. DRB approved internal illumination to be used only behind the laser cut steel portion of the sign. The sign shall be moved a minimum of 2' back from the property line on the median and out of the public right-of-way. 3. Final landscape with a plant list to include botanical names and irrigation plans shall be submitted for review and approval by the Planning Division. All plants shall be appropriately selected and placed so that site distance is not obstructed. 4. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. 5. 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. 6. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. PAGE 3 OF RESOLUTION N0.2007-16 7. The applicant shall obtain all necessary building permits from the Town of Danville Building Division prior to the installation of improvements. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. 8. Prior to issuance of a building permit, the applicant shall submit written documentation that the requirements of the San Ramon Valley Fire Protection District have been or will be met to the satisfaction of the District. 9. 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 $ 46.50 (62 notices X $0.75 per notice). 10. 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. 11. The project shall be constructed as approved. Staff may approve minor modifications in the .design, but not the use. Any other changes will require approval through the Development Plan review process. 12. A stop sign and pavement markings shall be added to the exit drive aisle, consistent with the requirements of the Town's Transportation Division. APPROVED by the Danville Planning Commission at a regular meeting on October 9, 2007 by the following vote: AYES: Antoun, Combs, Condie, Morgan, Nichols, Osborn NOES: - ABSTAIN: - ABSENT: Storer Chair APPROVED AS TO FORM: r_,.~ .. ~~~~e ' City Attorney Chief of ning PAGE 4 OF RESOLUTION N0.2007-16