HomeMy WebLinkAbout95-36RESOLUTION NO. 95-36
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THE TOWN COUNCIL ADOPT A NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE
GENERAL PLAN AMENDMENT STUDY GPA 95-01 AND CONCURRENT
REZONING PROPOSAL RZ 95-03 - MARLO MURILLO MINISTRIES
(425 EL PINTADO - APN 200-040-012)
WHERF~S, Mario Murillo Ministries sought approval of a General Plan Amendment
involving 3.2 +__ acres located at the northwest corner of the intersection of E1 Pintado
and El Cerro Boulevard (425 E1 Pintado - APN# 200-040-012); and
WHEREAS, on October 3, 1995 the Town Council of the Town of Danville authorized
staff preparation of a General Plan Amendment Study; and
WHEREAS, the project proponents filed a General Plan Amendment request (GPA 95-
01) seeking amendment of the Land Use Element of the Danville 2005 General Plan as
regards the land use designation of the subject property, requesting a change in said
designation from Residential - Country Estates to Commercial - General Office; and
WHEREAS, the Planning Commission did review the request at a noticed public
hearing on December 12, 1995; and
WHEREAS, in response to a staff recommendation contained in the December 12,
1995 staff report, the Planning Commission initiated a rezoning study to allow
concurrent consideration of a rezoning proposal to rezone the subject property from
R-15; Single Family Residential District to O-1; Limited Office District; and
WHEREAS, said rezoning action had been identified in the December 12, 1995 staff
report as being necessary to achieve zoning - general plan conformity for the site,
assuming merit was seen in a land use designation change to the Commercial -
General Office designation; and
WHEREAS, the Planning Commission continued the matter to their January 9, 1996
hearing to allow the Planning Commission initiated rezoning proposal to be
considered concurrently with the General Plan Amendment Study; and
WHEREAS, the Planning Commission did review both the General Plan Amendment
request and the rezoning proposal at a noticed public hearing on January 9, 1996; and
WHERF~S, the public notice of this action was given in all respects as required by law;
and
PAGE NO. 1 RESOLUTION NO. 95-36
WHEREAS, the January 9, 1996 staff report recommended that the Planning
Commission recommend that the Town Council adopt a Negative Declaration of
Environmental Significance; approve the General Plan Amendment request; and
concurrently approve a rezoning of the subject property; 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 recommends the
Town Council of the Town of Danville adopt a Negative Declaration of Environmental
Significance; approve General Plan Amendment request GPA 95-01 (changing the
subject property's land use designation to Commercial - General Office); and approve
Rezoning proposal RZ 95-03 (rezoning the property to O-1; Limited Office District),
per the conditions contained herein, and, be it further
RESOLVED that the Planning Commission makes the following findings in support of
these recommendations:
The proposed change of the subject property's land use designation to a
Commercial - General Office land use designation and related, concurrent
rezoning to O-1; Limited Office District is consistent with the Goals and Policies
of the Danville 2005 General Plan. The site's orientation / exposure to E1 Cerro
Boulevard and Highway 680, and related traffic and noise impacts, make it
uniquely suited for conversion from a residential land use designation to an
office designation, when compared to surrounding properties which remain
viable residential properties.
The office uses allowed by the land use designation and zoning are compatible
with existing uses in the vicinity. The existing building, even when
consideration is given to the newly authorized range of general office uses
which may occupy the building, is generously buffered from surrounding
residential properties so as to have minimal adverse affect on those properties.
Community need has been demonstrated for the establishment of additional
general office space.
The General Plan Amendment and Rezoning will not adversely affect the Town's
ability to maintain high-quality public facilities and services.
The General Plan Amendment and Rezoning will not adversely affect the
preservation of present aesthetics and other community qualities.
PAGE NO. 2 RESOLUTION NO. 95-36
The General Plan Amendment and Rezoning will not adversely affect the quality
of life within existing developed areas of the community.
The General Plan Amendment and Rezoning will not adversely affect the
harmony between Danville's development and its physical setting.
CONDITIONS OF APPROVAL FOR REZONING PROPOSAL RZ 95-03
This approval is for Rezoning request RZ 95~03, rezoning the subject 3.2_+ acre
property from R-15; Single Family Residential District to O-1; Limited Office
District.
The rezoning action provided for under Rezoning request RZ 95-03 shall not be
effective until Town Council approval of the land use designation change of the
subject property to a Commercial - General Office designation, as proposed
under General Plan Amendment Study GPA 95-01.
On-site parking for the existing 7,500_+ square foot building shall be increased
from the current count of 25 spaces to 33 total spaces to reflect the change in
occupancy from medical / dental uses to general office uses. Installation of the
required eight additional spaces shall not occur until a Town determination of
the their need is made. The property owner shall annually submit (with said
submittal to be made on the annual anniversary of the effective date of this
rezoning action) a report indicating the building's current occupancy
characteristics and corresponding parking needs, which shall include field
counts of parking availability during normal business hours. The Town may at
any time direct the property owner to install the required eight additional
parking spaces. Upon receipt of a notification that the additional parking spaces
must be installed, the property owner shall have a maximum of four months to
install the spaces.
Within one month of the effective date of this rezoning action, a landscape plan
shall be submitted to the Planning Division which shall indicate remedial /
supplemental landscape work that will been done by the property owner to
return the facility to an acceptable condition. The landscape plan shall be
subject to review and approval by the Planning Division. The work called for
by the approved landscape plan shall be done within two months of the Town
approval of the plan.
This rezoning action authorizes general office use of the subject property as
outlined in Section 32-51.2a of the Danville Municipal Code (O-1 Limited Office
District - Uses Permitted). No use of any portion of the building as a church
shall occur unless authorized by separate land use permit action, as required by
PAGE NO. 3 RESOLUTION NO. 95-36
Section 32-51.2b of the Danville Municipal Code (O-1 Limited Office District -
Uses Requiring Land Use Permit).
Except as may be provided by these conditions of approval and as a result of
the change in allowable building occupancy resulting from GPA 95-01 and RZ
95-03, use of the site shall remain subject to the conditions of approval
established for LUP 2055-74.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 9,
1996, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Combs, Moran, Osborn, Murphy
Bowlby, Hunt, McEvilly
City Attorney
gpa951.res
Chief o
PAGE NO. 4 RESOLUTION NO. 95-36