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HomeMy WebLinkAbout98-16 EXHIBIT A RESOLUTION NO. 98-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-11 AND VARIANCE REQUEST VAR 98-06 ALLOWING THE REMODEL OF AN EXISTING STOREFRONT AND THE ADDITION OF 300 +/- SQUARE FEET TO THE BUILDING (APN: 208-022-013) WHEREAS~ Doug Offenhartz has requested approval of a Development Plan request to allow the remodel of an existing store from and the addition of approximately 300 square feet to the building on a 5,800 square foot site; and WHEREAS, a Variance is also requested to allow column supports to encroach two feet into the required ten foot minimum frontyard setback, resulting in an eight foot setback; and WHEREAS, the subject site is located on the east side of Hartz Avenue, at 408-422 and is further identified as Assessor's Parcel Number 208-022-013; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to construction of a new commercial structure; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 24, 1998; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a stuff 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 of the Development Plan request DP 98-11 and Variance request VAR 98-06 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the PAGE 1 OF RESOLUTION NO. 98-16 effective date of plan approval. The proposed development is consistent with the General Plan and the Downtown Master Plan. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and that traffic congestion will not likely be created by the proposed center or will be obviated by: presently projected projects; proper entrances and exits; intemal provisions for traffic or parking; parking plans and agreements. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. The proposed project is consistent with the Danville 2005 General Plan and the Downtown Business District Ordinance. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Variance: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the Downtown Business District 1: Old Town, 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 frontyard setback encroachment will allow architectural projects (column support posts) which will provide depth to the front elevation, resulting in an architecturally superior development. This variance is in substantial conformance with the intent and purpose of the Downtown Business District 1 in which the subject property is located since the variance allows for the remodel of an existing commercial building which will become an integral part of the PAGE 2 OF RESOLUTION NO. 98-16 downtown business district. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Development Plan (DP 98-11) and Variance (VAR 98-06) application allowing the remodel of an existing store front and the addition of approximately 300 square feet to the building on a 5,800 square foot site located at 408-422 Hartz Avenue. Except as may be modified by conditions contained herein, development shall be substantially as shown on the plans labeled "Offenhartz Building," as prepared by Barry and Volkmann Architects, consisting of two sheets, dated received by the Planning Division on February 6, 1998. The applicant shall pay or be subject to 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, and shall be paid prior to issuance of said permit. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP)(300 new commercial square feet), Plan Checking and Inspection fees. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 78.00 ( 104 notices X $0.75 per notice). 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) 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 $25.00. PAGE 3 OF RESOLUTION NO. 98-16 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, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. SITE PLANNING All lighting 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 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. ARCHITECTURE 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 structures. * * 3. * 4. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. PAGE 4 OF RESOLUTION NO. 98-16 Project signage for this building shall be limited to the areas directly above the three front doors, and of a size consistent with the shaded areas shown on the project elevations. The half-circle area above the center door shall be fitted with a medallion which is complimentary to the building. The signs shall be sand blasted wood or individual raised wood letter, and shall have exterior illumination only. The size and height of signs shall be consistent with the requirements of the Town's Sign Ordinance. Colors and materials shall be generally as shown on the color and material board on file with the Planning Division and displayed at the public hearing for this project. The Blomberg Eucalyptus green trim color shall not be used a trim color around the band on the top of the parapet. A more subdued color which does not draw attention should be used in this area, subject to review and approval by the Design Review Board. PARKiNG * 2. 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. E. GRADING * 1. * 2. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. F. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division PAGE 5 OF RESOLUTION NO. 98-16 prior to commencing any construction activities within any public right-of-way or easement. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. 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 applicant. This Shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. A satisfacto~2¢ private driveway maintenance agreement, for the shared driveway (serving APN: 208-022-012 & 208-022-013) on the south and east side of the proposed building to the south, shall be submitted for approval of the City Attorney prior issuance of building permits for the project. The applicant shall diligently pursue rights to share the use of the garbage enclosure to be constructed in conjunction with the new building on the adjacent property to the south. G. iNFRASTRUCTURE Roof drainage from the new storefront shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. H. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staf£ 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 March 24, 1998, by the following vote: PAGE 6 OF RESOLUTION NO. 98-16 AYES: NOES: ABSTAINED: ABSENT: Bowlby, Combs, Hunt, Jameson, Osborn, Rapp, Moran APPROVED AS TO FORM: City Attorney pdczl 5 1 ~-, PAGE 7 OF RESOLUTION NO. 98-16