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RESOLUTION NO. 2010-06
APPROVING DEVELOPMENT PLAN REQUEST DEV09-0091 ALLOWING
EXTERIOR ARCHITECTURAL MODIFICATIONS AND
SITE PLAN MODIFICATIONS FOR THE BUILDING
LOCATED AT 65 OAK COURT
(APN: 216-090-008 - LEGACY CIGAR CLUB)
WHEREAS, 65 OAK COURT LLC (Owner/Applicant) has requested approval of a
Development Plan (DEV09-0091) to allow exterior modifications and revised
landscaping for Legacy Cigar Club. Exterior upgrades include new windows, doors,
stucco siding, roof material and roof design. Site plan/landscape modifications include
a new circular driveway, new landscaping, garbage enclosure and monument sign; and
WHEREAS, the subject 16,000 + / - square foot parcel is located at 65 Oak Court, APN:
216~090-008; and
WHEREAS, the Town's Downtown Business District Ordinance requires approval of a
Development Plan prior to the completion of exterior modifications to a commercial
building; 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; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on February 23, 2010; 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 Danville Planning Commission approves Development Plan
request DEV09-0091 and makes the following findings in support of this action:
FINDINGS:
Downtown Development Plan:
1. The applicant intends to obtain permits for construction within 18 months from
the effective date of plan approval.
2. The proposed development is consistent with the General Plan and the
Downtown Master Plan.
3. 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.
4. The proposal will not be detrimental to the health, safety, and general welfare of
the Town.
CONDITION OF APPROV AL:
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.
1. Except as may be modified by the conditions contained herein, development
shall be substantially as shown on the project drawings as follows:
a. Floor plans, elevations and details labeled "65 Oak Court, Danville, CA," as
prepared by Huntsman Architectural Group, consisting of four sheets, dated
received by the Planning Division on January 25, 2010.
b. Site plans labeled "Legacy Cigar Club - 65 Oak Court," as prepared by Milani
and Associates, consisting of three sheets, dated received by the Planning
Division on January 25, 2010.
c. Preliminary Landscape Plan labeled "Preliminary Landscape Plan and
Planting Plan," as prepared by Milani and Associates, consisting of one sheet,
dated received by the Planning Division on January 25, 2010.
2. Development and operation of the land use shall continue to be subject to the
Conditions of Approval for Land Use Permit DEV08-0040 contained within
Planning Commission Resolution No. 2009-21.
PAGE 2 OF RESOLUTION NO. 2010-06
3. Prior to the issuance of a building permit, the applicant shall reimburse the Town
for notifying surrounding residents of the public hearing. The fee shall be
$226.18 ($105 + 146 notices X $0.83 per notice).
4. Required drainage improvements are not approved as part of this permit.
Drainage improvements are subject to review and approval by the Town's
Engineering Division prior to issuance of building permits for the project.
5. The following design modifications and or design studies shall be submitted for
review and approval by the Design Review Board prior to issuance of building
permits for the project.
a. For the large windows on the right side of the entry door on the front
elevation, the scale shall be reduced by using two windows instead of one
long window. In addition, the frieze line shall be moved up (approximately
16") so there is a gap between the windows and the siding, in combination
with reducing window height (6" - 8").
b. The applicant shall prepare drawings to explore the desirability of increasing
the entry size in combination with reducing window height.
c. The applicant shall prepare drawings to explore alternate gable ventilation
shapes.
d. The applicant shall utilize a composition shingle roof material as opposed to a
synthetic slate roof material, and the color shall be a slightly warmer scheme
than the slate proposal.
APPROVED by the Danville Planning Commission at a regular meeting on February
23, 2010, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Antoun, Attwood, Combs, Morgan, Nichols, Overcashier, Radich
APPROVED AS TO FORM:
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City Attorney
PAGE 3 OF RESOLUTION NO. 2010-06