HomeMy WebLinkAbout91-24RESOLUTION NO. 91-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING VAR 91-21 -- 318 DIABLO ROAD PARKING VARIANCE
WHEREAS, Phillip Smith has requested approval of a parking variance to establish a 1,162
sq. ft. dental office at 318 Diablo Road; and
WHE~, the subject site is identified as Assessor's Parcel Number 196-210-014, 046 &
047; and
WHEREAS, a development plan (DP 88-8) was adopted by the Planning Commission on
July 11, 1988 for the subject site and included a two car parking variance; and
WHEREAS, parking for the subject office development was based on one parking space
for every 225 sq. ft. of gross floor area; and
WHEREAS, the Town of Danville Downtown Business District Ordinance requires that
medical/dental offices provide parking at 1/15 sq. ft. of waiting room area, plus
1/examining room or dental chair; and
WHEREAS, the Downtown Business District Ordinance requires approval of a variance in
order to establish the proposed dental office in the subject office development; and
WHEREAS the Planning Commission did review the project at a noticed public hearing
on May 28, 1991; 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 Planning Commission deny
the variance request; and
WHEREAS, staff and the applicant presented an alternate solution to the Planning
Commission on May 28, 1991; 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 the parking variance request and makes the following findings in
support of the approval:
This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in Area I - Old Town of the Downtown Business
District Ordinance in which the subject property is located.
Because of the following special circumstances applicable to this specific 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:
The property owners of the office development agree to limit the
development to one dentist office.
This variance is in substantial conformance with the intent and purpose of the
parking requirements in the Downtown Business District Ordinance since the total
number of parking spaces required will conform with the ordinance requirements
by the recordation of a Deed restriction.
CONDITIONS:
Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the two 81/2" x 14"
sheets labeled "Dr Kobayashf' "Revised Plan dated 3/25/91" dated received by the
Planning Division on April 5, 1991.
Prior to issuance of a building permit, the applicant shall submit written
documentation that the requirements of the San Ramon Valley Fire Protection
District and San Ramon Valley Unified School District have been met.
Construction and grading activity shall be limited to weekdays during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City
Engineer.
Any building construction activity, delivery of construction supplies, or use of
pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the
hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the
Chief Building Official.
°
The applicant shall pay any and all City and other related fees that the property
may be subject to as a result of the proposed development. These fees shall be
based on the current fee schedules in effect at the time the building permit is
secured.
Prior to issuance of a building permit, the applicant shall submit a written
agreement limiting the office complex to only one dentist office, Dr. Kobayashi.
When the 1,162 sq. ft. tenant space is vacated by Dr. Kobayashi, this parking
variance will become null and void.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 28, 1991,
by the following vote:
AYES:
NOES:
ABSTAINED:
Arnerich, Hughes, Hunt, Murphy, Osborn, Vilhauer, Wright
Chai~F~'an ~ ~
APPROVED AS TO FORM:
Chie'~f ~bl an~ning
Gi~Attorney
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