HomeMy WebLinkAbout96-09RESOLUTION NO. 96-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 95-24
(GATES - 2440 TASSAJARA LANE)
WHEREAS, Gates & Associates has requested approval of a land use permit to enlarge
an existing legal non-conforming use, consisting of internal renovations to a 920___
square portion of an existing 7,470_+ square foot structure which has been previously
converted from agricultural business related occupancy to general office use
occupancy; and
WHERF~S, the proposed modifications include changes to interior walls, floors and
ceiling elements at the northwest quadrant of the structure to finish out 920___ square
feet of space currently use for storage; and
WHERF~S, the Town of Danville has previously deemed that the current use of the
building as a legal non-conforming use; and
WHEREAS, the Municipal Code of the Town of Danville establishes that modification
or expansion of a legal non-conforming use may only occur through approval of a
land use permit; and
WHEREAS, the Planning Commission did review the request at a noticed public
hearing on February 13, 1996; and
WHERF~S, 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 LUP 95-24; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves LUP 95-
24, authorizing a 920+ square foot expansion of the general office area at 2440
Tassajara Lane, per the conditions contained herein, and makes the following findings
in support of this action:
The conditional land use will not be detrimental to the health, safety and
general welfare of the Town;
The conditional land use will not adversely affect the orderly development of
property within the Town;
The conditional land use will not adversely affect the preservation of property
values and the protection of the tax base within the Town;
The conditional land use will not adversely affect the policy and goals as set by
the General Plan;
5. The conditional land use will not create a nuisance and/or enforcement
problem within the neighborhood or community;
The conditional land use will not encourage marginal development within the
neighborhood;
Special conditions or unique characteristics of the subject property and its
location or surroundings exist (i.e., the proposed square footage of the
modification is minor when considered in the context of the overall size of the
existing structure).
CONDITIONS OF APPROVAL
Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the plans labeled
"Barn Upgrade", consisting of two pages, as prepared by Gates & Associates,
dated received by the Planning Division on October 2, 1995. This permit
authorizes modification of an interior 920+ square foot portion of the existing
structure, changing the area in question from a storage use to general office
use.
Prior to construction, the applicant shall obtain a building permit from the
Town of Danville Building Division.
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.
This permit must be exercised within one year of the effective date of the
approval. Upon showing of good cause, the period to exercise the permit (i.e.,
secure a building permit and commence construction) may be extended for a
maximum of one additional year by the Chief of Planning.
o
As outlined in Section 30-4.11 through 30-4.15 of the Danville Municipal Code,
this permit is subject to revocation for cause.
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The project shall be constructed as approved. Minor modifications in the
design may be approved by the Planning Division. Any other change will
require prior approval through a revised land use permit request processed at
the administrative level by the Danville Planning Division.
Prior to issuance of a building permit for the proposed interior revisions,
documentation from the County Health Services Department - Environmental
Health Division shall be supplied which verifies the adequacy of the existing
well and septic system in terms of the ability of these systems to accommodate
the incremental intensification of the existing use at this site.
Advisory_ Comments
With the approval of LUP 95-24, the following benchmarks are established relative the
nature and intensity of the legal non-conforming use at the subject property:
a. The size of structure is 7,470+ square feet.
The area of improved office space is 5,270+ square feet (inclusive of the
920+ square feet covered by this permit).
c. The area of unimproved atrium storage space is 2,200_+ square feet.
The area devoted to employee and guest parking is adequate for 21
spaces in front of the structure and 10 spaces at the rear of the structure.
The maximum allowable number of employees at the facility is 27 (22
employees in the 5,270 4- square foot general office area and five
additional employees in the enclosed atrium area.
No subleasing of the site for office use, storage use (interior or exterior)
is occurring.
Intensification of any of the above listed benchmark measures is not allowable unless
prior authorization through a subsequent land use permit is secured.
APPROVED by the Danville Planning Commission at a Regular Meeting on February
27, 1996, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy
lup95-24.res
Chief ~ng