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Home My WebLink About2009-08RESOLUTION NO. 2009-08 RECOMMENDING THAT THE TOWN COUNCIL APPROVE ZONING TEXT AMENDMENT ZTA09 -0001 AMENDING THE TOWN'S DOWNTOWN DOWNTOWN BUSINESS DISTRICT ORDINANCE TO PROVIDE A TWO -YEAR MORITORIUM ON THE PAYMENT OF OFF -SITE PARKING IN -LIEU FEES WITHIN DOWNTOWN BUSINESS DISTRICTS 1, 2,2A, 3 AND 11 AND EXTENDING THE VALID APPROVAL PERIOD FOR A DEVELOPMENT PLAN APPLICATION FROM 24 TO 36 MONTHS WHEREAS, the Town of Danville has requested approval of a Zoning Text Amendment (ZTA09 -0001) to amend the Town's Downtown Business District Ordinance to provide for a two -year moratorium on the payment of off -site parking in- lieu fees within Downtown Business District's 1, 2, 2A, 3 and 11 related to the construction of new ground floor retail construction and to extend the valid approval period for an approved downtown development plan from 24 to 36 months; and WHEREAS, a approval of a Zoning Text Amendment is required prior to amending the Towri s Downtown Business District Ordinance; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission did review and recommend the Town Council approve the request at a noticed public hearing on March 31, 2009; 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 recommend the Town Council 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 Danville Planning Commission recommends the Town Council approve Zoning Text Amendment ZTA09 -0001 amending the Town's Downtown Business District Ordinance to provide for a two -year moratorium on the payment of off -site parking in -lieu fees within Downtown Business District's 1, 2, 2A, 3 and 11 related to the construction of new ground floor retail construction and extending the valid approval period for an approved downtown development plan from 24 to 36 months. APPROVED by the Danville Planning Commission at a special meeting on March 31, 2009, by the following vote: AYES: Antoun, Combs, Morgan, Nichols, Overcashier, Radich, Storer NOES: - ABSTAIN: - ABSENT: - Chairman APPROVED AS TO FORM: City Attorney Chief of Planning PAGE 2 OF RESOLUTION NO. 2009-08 preventing the enjoyment of the property. The Town cannot make that finding because all trees create shade, and therefore that finding would render the Tree Preservation Ordinance useless. In the case of the Weber property, the ordinance includes a finding that the tree removal is necessary to allow for the development of a property consistent with development envisioned under the General Plan and zoning district. As such, the tree ordinance was never intended to trump a property owner's ability to reasonability develop a property. There is a difference between the two requests. Chair Nichols had a motion from Commissioner Storer, and a second from Commissioner Combs to recommend that the Town Council adopt a Mitigated Negative Declaration of Environmental Significance, approve Preliminary Development Plan - Rezoning Request PUD 2004 -04, Final Development Plan - Major Subdivision Request SD 8929, and Tree Removal Request TR 2006 -02, subject to the findings and conditions of approval contained within Resolution No. 2009 -05 with the following amendment: Item G.14 - Clarify or delete AYES: Antoun, Combs, Morgan, Nichols, Overcashier, Radich, Storer NOES: - AB SENT: - ABSTAIN: - C. TOWN OF DANVILLE (Applicant) ZTA 2009 -01: Zoning Text Amendment to amend the Towns Downtown Business Ordinance to provide for a two - year moratorium on the payment of Downtown off -site parking in -lieu fees within Downtown Business Districts 1, 2,2A, 3 and 11 related to new ground floor retail construction. The Ordinance would also be amended to extend the valid approval period for an approved downtown Development Plan from 24 to 36 months. This project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) (Project Planner: David Crompton). Principal Planner David Crompton explained that the Town Council has adopted a program to assist retail businesses and new developers in the downtown area, titled Retail Retention and Promotion Incentive Program. The program includes fee waivers, money for improvements to facades, design professional assistance and parking fee waivers. Summary of Actions 11 March 31, 2009 Mr. Crompton explained that a previous provision to for downtown parking in -lieu fee waivers ending on October 31, 2008. The recommendation is to recommend to the Town Council that the Downtown Business District Ordinance be amended to re- insert the parking fee waiver for a period of two years. Also, to amend the ordinance to extend the valid approval period for downtown development plans from two to three years. Mr. Crompton recommended approval of Resolution No. 2009 -08 recommending that the Town Council approve Zoning Text Amendment ZTA09 -0001. Chair Nichols had a motion from Commissioner Combs, and a second from Commissioner Morgan to approve Resolution No. 2009 -08 recommending that the Town Council approve Zoning Test Amendment ZTA09 -0001. AYES: Antoun, Combs, Morgan, Nichols, Overcashier, Radich, Storer NOES: - ABSENT: - ABSTAIN: - 5. COMMITTEE REPORTS There were no committee reports. 6. CORRESPONDENCE There was no correspondence. 7. ADJOURNMENT Chair Nichols adjourned the meeting at 10:30p.m. Kevin Ga' ey, Chief of Planning Barbara Skinner, Administrative Secretary Summary of Actions 12 March 31, 2009