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HomeMy WebLinkAbout99-08RESOLUTION NO. 99-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING AN APPEAL AND UPHOLDING DESIGN REVIEW BOARD REQUIREMENTS RELATED TO THE DEVELOPMENT OF A 2,900 +/- SQUARE FOOT COMMERCIAL BUILDING AT 499 SAN RAMON VALLEY BOULEVARD (APN: 208-041-009 - CHRISTOPOULOS) WHEREAS, Basil Christopoulos (Owner) and Tom Wilson (Architect/Appellant) have appealed of the Town Design Review Board' s requirement that the applicant make certain architectural modifications to a previously approved 2,900 +/- square foot commercial building; and WHEREAS, the Design Review Board's requirements include direction to modify the roof structure of the building and to construct a trellis structure around the garbage enclosure; and WHEREAS, the subject site is located at 499 San Ramon Valley Blvd. and is further identified as Assessor's Parcel Number 208-041-009; and WHEREAS, the Danville Planning Commission approved Development Plan request DP 98-22 on July 14, 1998, allowing the development of a 2,900 +/- square foot building on the site; and WHEREAS, Conditions of Approval for the project required the project retum to the Design Review Board for final architectural review; and WHEREAS, at the Design Review Board (DRB) meeting on January 14, 1999, the DRB reviewed the project and imposed a requirement that the applicant make certain modifications to the proposed roof structure of the building and construct trellis structures around the garbage enclosure; and WItEHEAS, the applicant subsequently appealed this action and, in conjunction with this appeal is also requesting that the Planning Commission modify previously approved Conditions of Approval related to fenestration on the south elevation, the outdoor seating area, and the block wall along the site's west property line; and WHEREAS, the Planning Commission did review the appeal and the project modification requests at a noticed public hearing on February 23, 1999; and WHEREAS, the appeal and the project modifications requests have been found to be PAGE 1 OF RESOLUTION NO. 99-08 Categorically Exempt from the requirements of the Califomia Environmental Quality Act (CEQA); and WHEREAS, 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 deny the appeal and uphold the Design Review Board' s requirements pertaining to the modification of the roof structure of the building and the requirement to construct a trellis structure around the garbage enclosure; and WHEREAS, the staff report further recommended that the Planning Commission approve in part the related requests by the applicant for project design modifications; 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 denies the appeal of the Design Review Board requirements related to the architectural review of Development Plan DP 98-22 and makes the following findings in support of this action: The Design Review Board's authority to require modifications to the architecture is established under Condition of Approval D.5. of the Resolution No. 98-22, which requires final architectural elevations, details and revisions for the building be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. In addition, Condition of Approval D.8. of the Resolution No. 98-22 requires that the final garbage enclosure location and additional landscaping to screen the enclosure be subject to final review by the Town' s Design Review Board; The Town Design Review Board's requirements will enhance the appearance of the building and will enhance the building's consistency with the scale, appearance and small town character of Danville, as specified with the Town's General Plan; The Town Design Review Board's requirements will enhance the building's appearance which will contribute to the village-like image of the community, as specified with the Town's General Plan; The Town Design Review Board' s requirements will result in a new building which better emphasizes preserving, maintaining and encouraging the existing significant architectural character in the buildings and development in the downtown area, as specified as the purpose and intent of the Town's Downtown Business District Ordinance; PAGE 2 OF RESOLUTION NO. 99-08 and, be it further RESOLVED that the Planning Commission of the Town of Danville approves certain modifications to the previously approved Conditions of Approval, as contained within Planning Commission Resolution No. 98-22, for Development Plan DP 98-22 and makes the following findings in support of this action: The proposed modifications to the previously approved Conditions of Approval are consistent with the General Plan and the Downtown Master Plan. The proposed modifications to the previously approved Conditions of Approval are consistent with the intent of the Planning Commission' s previous approval of the project. The proposed modifications to the previously approved Conditions of Approval will not materially reduce the quality of the development. The development, inclusive of the authorized modifications, will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 5. The proposal will not be detrimental to the health, safety, and general welfare of the Town. 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. This approval is for modification to a previously approved Development Plan DP 98-22 allowing the development of a 2,900 +/- square foot commercial building at 499 San Ramon Valley Boulevard. Except as modified herein, development shall be subject to all Conditions of Approval previously established under Planning Commission Resolution No. 98-22. The previously approved brick wall to enclose the outdoor seating area, which was required to be a maximum height of 30 inches, may be replaced with an 18 inch tall brick wall with a 12 inch high wrought iron fence on top. The design of the wrought iron fence shall be consistent with the design of wrought iron fences approved as part of the Iron Horse Plaza development. PAGE 3 OF RESOLUTION NO. 99-08 The front window treatment on the south (street side) elevation may be modified so that the windows are placed together, rather than being placed in three groups separated by wall area. The design shall be substantially as shown on the project plans labeled "DanGlie 1I," as prepared by Thomas J. Wilson Architects, dated received by the Planning Division on February 19, 1999. The applicant shall be responsible for the construction of an eight foot high solid wood fence along the property's rear (west) property line. The fence shall be as shown on the project plans labeled "Danville II," as prepared by Thomas Wilson Architects, on file with the Planning Division. The maintenance of this fence shall be the responsibility of the property owner of this development. The roof structure of the building shall be modified by extending the roof peak between the elevated triangular parapet walls on the south and the north building elevations. This will result in a peaked roof extending all the way between the south and north building elevations. The final design of the roof shall be substantially as shown on the Staff Study labeled "Exhibit J - Roof Structure Plan," attached to this staff report and on file with the Planning Division, subject to final review and approval by the Planning Division. The exterior roof material for the modified roof strueture shall be asphalt shingles. The type of shingle utilized shall be subject to review and approval by the Planning Division. The applicant shall construct metal trellises on three sides of the project garbage enclosure. The trellises shall be attached to the garbage enclosure walls and shall be painted to match the enclosure. Vines shall be planted to climb the trellis structures and shall be maintained in a healthy growing condition. APPROVED by the Danville Planning Commission at a regular meeting on February 23, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Jameson, Moran, Osborn Graham Hunt, Rapp Chairman APPROVED AS TO FORM: Chief of Plann~ PAGE 4 OF RESOLUTION NO. 99-08