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HomeMy WebLinkAbout2009-24 RESOLUTION NO. 2009-24 APPROVING DEVELOPMENT PLAN REQUEST DEV09-0035 AND VARIANCE REQUEST V AR09-0009 AUTHORIZING THE MODIFICATION OF AN EXISTING BUILDING LOCATED AT 244 FRONT STREET (APN: 216-120-040) WHEREAS, 244 Front Street LP has requested approval of Development Plan application DEV09-0035 to allow the modification of an existing building, including the construction of a 153 + / - square foot addition to the front of the building; and WHEREAS, the subject site is located at 244 Front Street and is further identified as Assessor's Parcel Number 216-120-040; and WHEREAS, the parcel is located in the Downtown Business District, Area 3 - Old Town Mixed Use; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to improvements being made on a parcel; and WHEREAS, a Variance is required to deviate from the five-foot side yard setback required in the Downtown Business District, Area 3, allowing a one foot side yard setback; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on July 28, 2009; and WHEREAS, the project has been found to be Categorically Exempt the California Environmental Quality Act (CEQA) Class I, 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 DEV09-0035 and Variance request V AR09-0009 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings 1. The proposed project will not adversely affect the policy and goals as set by the 2010 General Plan. 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. 3. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. Variance Findings 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District in which the subject property is located. 2. Because of the following special circumstances applicable to the subject property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/ or located in the same zoning district. a. The physical improvements proposed under the vanance request are consistent with the pattern of development present within the surrounding Downtown Business District. b. Given placement of the existing building on this parcel, the proposed project reflects a reasonable and logical way to provide for the proposed addition to the residence. The original building was constructed over the property line in 1935 and the proposed remodel and addition would bring the building into compliance by having it entirely within the property and the proposed addition would continue .the building pattern and setback on the east side of the building. c. Requiring the proposed reconstruction to observe the full 5'-0" minimum side yard setback, as required in the Downtown Business District - Area 3, would result in a floor plan that would. be detrimental to the use and enjoyment of the property. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District Ordinance. PAGE 2 OF RESOLUTION NO. 2009-24 CONDITIONS OF APPROVAL A. GENERAL 1. This approval is for Development Plan request DEV09-0035 and Variance request V AR09-0009, allowing for the modification of the existing building located at 244 Front Street. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. Site Plan and Architectural Elevations, consisting of two sheets, as prepared by R&J Construction, and dated received by the Planning Division on July 9, 2009. 2. Prior to the issuance of a building permit the applicant shall reimburse the Town for notifying surrounding property owners of the public hearing. The fee shall be $180.53 ($105.00 plus 91 notices X $0.83 per notice). 3. Prior to the issuance of grading or 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 this agency. 4. 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 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 31 x 31 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 subcontractors working on the job. 5. 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. 6. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. PAGE 3 OF RESOLUTION NO. 2009-24 7. 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. 8. All physical improvements shall be in place prior to occupancy of any structure in the project. 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. C. LANDSCAPING 1. Final landscape and irrigation plans shall be substantially as shown on the project drawings for the project. Landscaping on the property shall be maintained in good health. D. ARCHITECTURE 1. Signage used to identify this business operation shall be consistent with the sign regulations contained within the Danville Municipal Code, including regulations pertaining to the display and use of temporary / promotional signage, the use of which is limited to a maximum of 45 days of display each calendar year and is restricted to a maximum of fifteen days of continuous display. 2. A Sign Review permit is required to be obtained from the Town's Planning Division prior to the installation of any permanent signs. PAGE 4 OF RESOLUTION NO. 2009-24 E. STREETS 1. 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. F. 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 Development Plan review process. 2. Samples of the proposed paint colors for the building shall be submitted for review and approval by the Design Review Board prior to building permit final for the project. APPROVED by the Danville Planning Commission at a regular meeting on July 28, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Attwood, Combs, Nichols, Overcashier, Radich Morgan, Storer APPROVED AS TO FORM: (JL~(J ~ City Attorney ) :/:~ PAGE 5 OF RESOLUTION NO. 2009-24