HomeMy WebLinkAbout91-31RESOLUTION NO. 91-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT LUP 91-20 AND SIGN PERMIT SR 91-18 TO
CONDUCT OUTDOOR SALES AND DISPLAY OF MERCHANDISE AT 122 AND 188
SCHOOL STREET INCLUDING INSTALLING A PORTABLE STORAGE CONTAINER
AT 350 RAILROAD AVE AND A SIGN PROGRAM FOR ANIMAL WORLD
WHEREAS, C.W. Roen, Sylvia & Elton Butler (owners) and Concept II Construction
(applicant) have requested approval of a Land Use Permit and a sign permit to conduct
outdoor sales and display of merchandise including installing a portable storage container
and a sign program, on three parcels totalling .43 acres; and
WHEREAS, the subject site is located at 122, 188 School Street & 350 Railroad
Avenue; and
WHEREAS, the Town of Danville Ordinance 135 requires approval of a Land Use
Permit for outdoor storage, sales and display of merchandise; and a Sign Permit for any
new signs in Area I - Old Town & Area 2 o Old Town Retail Transition; and
WHEREAS, the project has been determined to be Categorically Exempt from the
provisions of the California Environmental QualityAct (CEQA); and a Notice of Exemption
has been prepared for this project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on August 7, 1991; 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
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 the Land Use Permit LUP 91-20 and Sign Permit SR 91-18 per the
conditions contained herein, and makes the following findings in support of the project:
PAGE 1 OF RESOLUTION NO. 91o31
Land Use Permit
The proposed project is consistent with the Danville 2005 General Plan and the
Downtown Business District Ordinance.
The proposed land use will not be detrimental to the health, safety and general
welfare of the Town.
The proposed land use will not adversely affect the orderly development of
property within the respective land use district in which the subject property is
located.
The proposed land use will not create a nuisance or enforcement problem within
the neighborhood.
The applicant intends to obtain permits for construction within eighteen months
from the effective date of plan approval.
The use is of a temporary nature.
Sign Permit
The signage is consistent in character with the Town's commercial design
guidelines, is compatible with project architecture, and is no larger than necessary
for adequate identification.
The signage will serve primarily to identify the business, establishment or type of
activity conducted on the premises, or the product, service or interest being
exhibited or offered for sale, rent or lease on the premises.
The signage will not excessively compete for the public's attention.
The signage will be harmonious with the materials, color, texture, size, shape,
height, location, design and in proportion with the architectural style of the
building, property or environment of which they are a part.
The design of the signage will be consistent with professional graphic and
structural standards.
PAGE 2 OF RESOLUTION NO. 91-31
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of building permits for the project. Each item is subject to review and approval
by the Planning Deparunent unless otherwise specified.
A. GENERAL
This approval is to allow the outdoor sale and display of pets and pet
supplies, including installing a portable storage container and a sign
program on the properties identified as APNs: 208-025-008, 208-025-007 &
208-025-010. Development. shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
no
Site plan, elevations and floor plan as prepared for Animal World by
James Wallace, Architect, and dated received by the Planning Division
July 3, 1991; except, the fence along the frontage of 350 Railroad
Avenue shall be setback by 10' from the property line.
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Sign drawings as prepared for Animal World by Bob Loves Signs,
consisting of five sheets and dated received by the Planning Division
on July 17, 1991.
This land use permit shall expire five years from the effective date of this
permit and shall be revocable for cause as provided in Section 26-2.2020 of
the Danville Zoning Ordinance.
Boarding of cats and dogs. is not permitted with this land use permit.
Boarding of rabbits, birds, fish and other small animals inside the facility
with proper ventilation is permitted.
The developer shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured. Notice
should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as
established by the Contra Costa County Flood Control District.
PAGE 3 OF RESOLUTION NO. 91-31
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Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $1,300 unless the project is found to be De Minimus (the project
has no potential for an adverse effect on wildlife resources or the habitat
upon which the wildlife depends), in which case the fee shall be $25.00.
If archeological materials are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materials shall be stopped, the Town Planning Department notified, and a
professional archeologist, certified by the Society of California Archeology
and/or the Society of Professional Archeology, shall be notified. Site work
in this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate mitigation
measures, if they are deemed necessary.
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 5:30 p.m., unless otherwise approved
in writing by the Chief Building Official.
All animals shall be kept in a humane environment with regard to sanitation
and ventilation.
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SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
No pedestrian or vehicular access shall be permitted along the frontage of
350 Railroad Avenue. The unimproved area at 350 Railroad Avenue shall not
be used for special events, storage or parking unless approved in writing by
the Planning Division.
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Prior to issuance of building permits, 122 School Street & 188 School Street
shall be merged; and a mutual access easement shall be recorded between
PAGE 4 OF RESOLUTION NO. 91-31
122 School Street and 350 Railroad Avenue. If the applicant cannot merge
the two lots, an agreement shall be recorded on both the properties that
restricts additional development on 122 School Street, unless all required
parking for 188 School Street is purchased in the municipal parking lot. The
form of this agreement shall be subject to review and approval by the City
Attorney.
LANDSCAPING
D0
Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale)
for all new area shall be submitted for review and approval by the Planning
Department. The plan shall include common names of all plant materials
and shall indicate the size that various plant materials will achieve within a
five year period of time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
All existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Depactnient.
ARCHITECTURE
* 1.
All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened
from view with landscaping or materials architecturally compatible with the
main structure(s).
All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Gates will be self-closing and self-
latching. If a new trash area is determined to be necessary by the Planning
Division due to lack of room within the existing enclosed storage area, the
PAGE 5 OF RESOLUTION NO. 91-31
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enclosure design shall include six (6) foot high masonry walls on three
sides with steel framed gates and wood bolted to the gates.
The street number(s) of the building(s) shall be posted so as to be easily
seen from the street at all times, day and night.
Signage concept for the project is approved only if the applicant does the
following modifications to the sign drawings dated received by the Planning
Division on July 17, 1991.
Delete sign #1 and reduce the size of signs #2 & #5 such that the
total area of the two signs is not greater than four sq. ft.
b) Reduce the height of sign #3 to 72 inches.
If the applicant is not willing to change the signs as recommended, the signs
require a variance and shall be subject to review and approval by the
Design Review Board.
Prior to the issuance of a building permit, samples of final colors and
materials selected shall be submitted to the Planning Department for review
and approval. Specifically, any stain or paint color of the lattice screen and
the patio roofing material shall be reviewed and approved by the Planning
Division.
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PARKING
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang, and comprise
no more than 30% of the parking spaces.
3. The east side of the parking lot shall be restriped to 90 degree parking.
4. The parking stall located at the northwest end of the lot shall be striped and
PAGE 6 OF RESOLUTION NO. 91-31
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marked for a loading zone and shall serve as a turnaround area for the
parking lot.
STREETS
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Prior to final occupancy, the owner shall dedicate a 10 foot radius return
at the southwest corner of Railroad Ave and School Street; and enter into a
Deferred Improvement Agreement (DIA) satisfactory to the City Engineer,to
install curb, gutter and sidewalk, driveway approaches, handicap ramp and
matching pavement along the Railroad Ave and School Street frontage. The
DIA required under DP 3047-82 will become void upon executing this DIA.
The developer shall obtain an encroachment permit from the Engineering
Department prior to commencing any construction activities within any
public right-of-way or easement.
Street signing shall be installed by the developer as may be required by the
City Engineer. Traffic signs and parking restriction signs shall which may
be required to be installed shall be subject to review and approval by the
Police Department.
The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
necessary by the City Engineer.
Handicapped ramps shall be provided and located as required by the City
Engineer.
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 developer. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standards
established in Title 9 of the City Code. At the time Project Improvement
Plans are submitted, the developer shall supply to the City Engineer an
up-to-date Title Report for the subject property.
PAGE 7 OF RESOLUTION NO. 91-31
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INFIL~STRUC'I~RE
1. The applicant shall pay the Drainage Area 10 (Flood Control) fee in the
amount of $1,792.70 to the Town of Danville, if the fee was not paid at the
time of issuance of Development Plan 3047-82.
2. XVater supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District, unless
approval is secured to utilize a private sewage disposal system.
4. Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control District.
5. All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
6. Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the City.
7. Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
8. Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
9. Ail new utilities required to serve the development shall be installed
underground.
10. Ail public improvement plans shall be prepared by a licensed civil engineer.
PAGE 8 OF RESOLUTION NO. 91-31
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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.
APPROVED by the Danville Planning Commission at a Regular Meeting on August 7,
1991 by the following vote:
AYES:
NOES:
ABSTAINED: Vilhauer
ABSENT: Wright
Arnerich, Hughes, Hunt, Murphy, Osborn
Ch~'~rm-~r~ '
Attorney
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PAGE 9 OF RESOLUTION NO. 91-31