HomeMy WebLinkAbout2009-03
RESOLUTION NO. 2009-03
APPROVING REVISED DEVELOPMENT PLAN REQUEST DEV08-0075 TO
AMEND SPECIFIC CONDITIONS OF APPROVAL REGARDING WINDOW
SIGNAGE IN THE ORIGINAL ROSE GARDEN SHOPPING CENTER
DEVELOPMENT PLAN WHICH WOULD ALLOW KRV RIDE CULTURE TO
EXCEED THE AMOUNT OF WINDOW AREA THA TMA Y BE COVERED WITH
SIGNAGE AND THE NUMBER OF WINDOWS THAT MAY BE UTILIZED FOR
WINDOW SIGNAGE
(ROSE GARDEN ASSOCIATES - APN: 207-021-030)
WHEREAS, Rose Garden Associates and KRV Ride Culture have requested approval of
Development Plan DEV08-075 which allows KRV to exceed the amount of window area
that may be covered with signage and the number of windows that may be utilized for
window signage on a 4.73 + / - acre site; and
WHEREAS, the subject site is located at 740 Camino Ramon and is further identified as
Assessor's Parcel Number 207-021-030; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a revised Development Plan prior to the authorization of
exceptions to the original Development Plan's conditions of approval; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 10, 2009; and
WHEREAS, the project has been found to be Categorically Exempt the California
Environmental Quality Act (CEQA) Section 15301; 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 DEV08-075 per the conditions contained herein, and makes
the following findings in support of this action:
DEVELOPMENT PLAN FINDINGS OF APPROVAL
1. The development will not be detrimental to the health, safety, and general
welfare of the Town.
2. The development will not adversely affect the orderly development of property
within the Town.
3. The development will not adversely affect the preservation of property values
and the protection of the tax base within the Town.
4. The development will not adversely affect the policy and goals as set by the 2010
General Plan.
5. The development will not create a nuisance and/ or an enforcement problem
within the neighborhood or community.
6. The development will not encourage marginal development within the
neighborhood. The project will be of high quality, as required through project
conditions of approval.
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 application DEV08-075. The project
shall be substantially as shown and described on the project floor plan, as
follows, except as may be modified by conditions contained herein;
a. The applicant may continue to utilize the same locations and sizes of
window signs they currently have on the following elevations:
PAGE 2 OF RESOLUTION NO. 2009-.03
1. North entry (windows and doors)
11. Two windows to the north of the east facing door
111. Two windows to the south of the east facing door
IV. Two westerly windows on the south elevation
b. The applicant may utilize 3 of the 5 windows on the Camino Ramon
elevation of the building for window signs. The signs are to alternate
with KRV logos in the remaining 2 windows. If the applicant chooses
to not use KRV logos (which shall be subject to review and approval
by the Planning Division), the remaining window shall remain blank.
2. Within 30 days of this approval, the applicant shall reimburse the Town
for notifying surrounding property owners of the public hearing. The fee
shall be $265.72 ($105.00 plus 196 notices X $0.82 per notice).
3. All window signs shall require the review and approval of the property's
landlord. The applicant shall maintain the "lifestyle photography" style of
the subject window signs. Any sign deemed by the Planning Division to
be out of this genre shall be removed immediately. The Planning Division
shall also have the review authority to refer any sign judged to be
inappropriate or out of character with this approval to the Design Review
Board.
4. The project shall be constructed as approved. Minor modifications in the
design may be approved by staff. Any other change shall require Design
Review Board approval.
5. The applicant shall apply the window signs in a professional manner and
all signs shall be of a permanent nature. The windows signs shall be
maintained to the satisfaction of the Planning Division.
PAGE 3 OF RESOLUTION NO. 2009-03
APPROVED by the Danville Planning Commission at a regular meeting on February
10, 2009 by the following vote:
AYES:
Antoun, Combs, Morgan, Nichols, Overcashier, Radich,
Storer
NOES:
ABSTAIN:
ABSENT:
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Chairman
APPROVED AS TO FORM:
Ci~~
PAGE 4 OF RESOLUTION NO. 2009-03
