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HomeMy WebLinkAbout90-51 RESOLUTION NO. 90-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING THE APPLICANT'S APPEAL AND MODIFYING THE ADMINISTRATIVE DECISION BY DEFERRING HARTZ AVENUE STREETSCAPE IMPROVEMENTS. WHE~, the subject site is located at 113 East Linda Mesa Avenue and is identified as Assessor's Parcel Number 200-212-015 & 016; and WHEREAS, Jerry Hettinger and Ron Smith received Development Plan approval (DP 89-17) for expansion and remodel of an existing retail center on August 14, 1989; and WHE~, Conditions of Approval C.2. required the applicants to conform with the Old Town Beautification Plan; and WHERFd~, Jerry Hettinger and Ron Smith have appealed an administrative decision to require Old Town Beautification improvements to be installed along the subject site's Hartz Avenue frontage; and WHE~, the Town of Danville made an administrative decision to not require streetscape improvements on the Linda Mesa Avenue and Rose Street frontages of the subject site, but did require full installation of all beautification improvements on the Hartz Avenue frontage of the site; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 25, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission deny the appeal and uphold the administrative decision; and WHE~, 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 denied the applicant's appeal and modified the administrative decision to require streetscape improvements along the subject site's Hartz Avenue frontage by deferring installation of the paving strip and requiring the appellant to provide cash PAGE I OF RESOLUTION NO. 90-51 security for the amount of the paving improvement plus 25% (overhead costs) based on the project estimated cost (acceptable to the City Engineer). The cash security will be held by the Town of Danville until adjacent property redevelops and for streetscape improvements can be installed for the entire block along Hartz Avenue; and herein makes the following findings in support of the denial: Deferring the Hartz Avenue paving strip improvements is consistent with and preserves the long-range intent of the Old Town Beautification Plan. 0 Implementation of the Old Town Beautification guidelines is consistent with the goals and policies of the Downtown Master plan. Implementation of the Old Town Beautification guidelines is consistent with the intent and purpose of the Downtown Business District Ordinance No. 135 which regulates development in downtown Danville. Deferring the improvements until a time when adjacent projects redevelop, provides a unified streetscape appearance. APPROVED by the Danville Planning Commission at a Regular Meeting on September 25, 1990, by the following vote: AYES: Hughes, Hirsch, Frost, Wright, Hunt NOES: ABSTAINED: Vilhauer ABSENT: Hendricks pcmcm2 Chairman APPROVED AS TO FORM CITY ATTORNEY PAGE 2 OF RESOLUTION NO. 90-51