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HomeMy WebLinkAbout96-37RESOLUTION NO. 96-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PlakN REQUEST DP 96-23, SIGN REVIEW REQUEST SR 96-13 AND VARIANCE REQUEST VAR 96-18 PROVIDING FOR THE ADDITION OF 1,700+ SQUARE FEET TO BUILDING D OF THE VILLAGE SHOPPING CENTER TO ACCOMMODATE THE TENANT IMPROVEMENTS FOR THE PROPOSED PINNACLE FITNESS FACILITY (APN 208-060-053 - Montair Associates, Ltd.) WHEREAS, Montair Associates, Ltd., owners of the Village Shopping Center at 101 through 117 Town and Country Drive, have requested approval of Development Plan request DP 96-23, Sign Review request SR 96-13 and Variance request VAR 96-18 authorization to construct a 1,700+_ square foot first floor commercial addition, with related signage, to existing Building D of the Village Shopping Center; and WHEREAS, the subject site is located within Area 7; Retail of the Downtown Business District and is located along the south side of Town and Country Drive, approximately 275 feet west of the intersection of San Ramon Valley Boulevard and Town and Country Drive and is further identified as APN: 208-060-053; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the requests; and WHEREAS, public notice of the August 27, 1996, Planning Commission meeting was mailed to property owners within 300 feet of the subject property, sent to tenants of the shopping center and posted in public buildings; and WHEREAS, the proposal is categorically exempt from the provisions of the California Environmental QualityAct (CEQA) - (Class 1 - Section 15301: Minor addition to an existing structure); 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 accepts the determination of the project's categorical exemption and approves Development Plan request DP 96-23, Sign Review request SR 96-13 and Variance request VAR 96-18, per the conditions contained herein; and be it further RESOLVED that the Planning Commission makes the following findings in support of its action to approve the Development Plan, Sign Review and Variance requests: 0 The applicants intend to obtain permits for construction within eighteen (18) months from the effective date of plan approval. The proposed development is consistent with the Danville 2005 General Plan. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed. The proposed development will not create traffic congestion in that there are adequate traffic improvements serving the area; the shopping center is served by proper vehicular entrances and exits; and there is adequate internal provisions for traffic and parking. The development will be an attractive and efficient center which will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. The project is consistent with the intent and purpose of the DBD: Downtown Business District. The site plan and architectural features, as conditioned, will be compatible with the existing development and with other uses in the vicinity. The Variance is not a grant of special privilege, inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. Because of special circumstance applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the specific zoning regulations would deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district. 10. The Variance authorized substantially meets the intent and purpose of the respective land use district in which the subject property is located. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. A. GENERAL Approval covers Development Plan request DP 96-23, Sign Review request SR 96-13 and Variance request VAR 96-18 and authorizes a 1,700+__ square PAGE 2 RESOLUTION NO. 96-37 foot first floor commercial addition to existing Building D of the Village Shopping Center. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Site plan and architectural drawings labeled "Pinnacle Fitness - The Village Shopping Center, consisting of three pages prepared by Joel E. Cantor AIA and dated received by the Planning Division July 22, 1996. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) have been, or will be, met. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing around the construction site, if deemed necessary by the Town, with the design, location and term of use to be subject to review and approval by the City Engineer and/or the Chief of Building Official. SITE PLANNING Project lighting installed or modified in conjunction with development of this use shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. The location of any new pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. GRADING Development shall be completed in compliance with a detailed soils report prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. PAGE 3 RESOLUTION NO. 96-37 D. ARCHITECTURE/SIGNAGE Go The tenant sign proposal submitted with this application is not approved. No signage for the facility may be utilized until sign approval is received from the Design Review Board. A revised sign proposal shall be submitted for review and approval by the Design Review Board, with said approval to be secured prior to the frame inspection for the building permit for the proposed tenant improvements. The resubmittal shall address the concerns raised by the Design Review Board at their meeting of August 14, 1996. LANDSCAPING A landscape plan for the landscape/hardscape areas to be modified as a result of this project shall be prepared by the applicant and shall be submitted for review and approval by the Planning Division. All new or revised landscaping/hardscape shall be installed prior to issuance of an occupancy permit and shall be maintained in good health. STREETS All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. INFRASTRUCTURE Water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. ° Drainage facilities shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer. All new utilities required to serve the development shall be installed underground. MISCELLANEOUS At least one week prior to commencement of construction activity, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner PAGE 4 RESOLUTION NO. 96-37 associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. * 2. 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 held on Tuesday, August 27, 1996 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Hunt, Jameson, Moran, Osborn Combs, Murphy APPROVED AS TO FORM: CITY ATTORNEY pkgzcoa, a27 CHIEF O PAGE 5 RESOLUTION NO. 96-37