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Home My WebLink About2001-02RESOLUTION NO. 2001-02 A RESOLUTION OF THE TOWN OF DANVILLE APPROVING FINAL DEVELOPMENT PLAN REQUEST DP 2000-43 MODIFYING THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLAN DP 98-60 AND ALLOWING THE DEVELOPMENT OF A 5,563+/- SQUARE FOOT RETAIL OFFICE BUILDING (APN: 208-026-019 - BRANAGH) WHEREAS, Peter Branagh has requested approval of Revised Final Development Plan request DP 2000-43 for proposed modifications to previously approved Final Development Plan DP 98- 60 which allowed construction ora new 5,183+/- square foot retail/office building on a 0.21 +/- acre site; and WHEREAS, the subject site is located at on the southeast corner of School Street and Railroad Avenue and is further identified as Assessor's Parcel Number 208-026-019; and WHEREAS, the modifications include the removal of two previously approved parking spaces in order to allow a 380+/- square foot addition to the ground floor area, creating a demand for an additional two parking spaces; and WHEREAS, the owner would be responsible for the construction of all planned on-street parking spaces along the south side of School Street; and WHEREAS, the associated parking in-lieu fees as the result of the requested modifications ~vould be $9,940 and the Commercial Transportation Impact Program (CTIP) fee would be approximately $21,000; and WHEREAS, the significance of these changes warrant Planning Commission review and approval; and WHEREAS, the Planning Commission did review the project modifications at a noticed public hearing on January 9, 2001; and WHEREAS, the project has been found to be Categorically Exempt from the California 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 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 determines that the proposed revisions are consistent with the intent and nature of the original approval and that the resultant increase in available private and public parking warrant an extension and expansion of the waiver of the project's in- lieu parking fee obligation; and, therefore be it further RESOLVED that in recognition of off-site frontage improvements to be constructed along School Street by this applicant, the Planning Commission recommends that the Town Council waive a portion, or all, of the project's CTIP fees; and; therefore be it further RESOLVED that the Planning Commission of the Town of Danville approves revised Final Development Plan request DP 2000-43 authorizing modifications to previously approved Final Development Plan request DP 98-60, per the conditions contained herein, and makes the following findings in support of this action: Downtown Final Development Plan: The applicant intends to obtain permits for construction within 18 months from the 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; internal 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 2010 General Plan and the Downtown Business District Ordinance. The proposal will not be detrimental to the health, safety, and general welfare of the Town. PAGE 2 OF RESOLUTION NO. 2001-02 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 modifications to previously approved Final Development Plan DP 98-60. Development shall be substantially as shown on the project drawings approved as Exhibit G of the Planning Commission report dated February 23, 1999 and as follows, except as may be modified by conditions contained herein; Preliminary Site Plan and Elevations consisting of four sheets, as prepared by SZFM Design Studio and dated received by the Planning Division on December 11, 2000. Preliminary Public Street Improvement Plan consisting of three sheets, as prepared by DeBolt Engineering and dated received by the Planning Division October 13, 2000. Except as specifically provided for under these conditions of approval, all conditions of approval for DP 98-60 approved by the Planning Commission on February 23, 1999 shall remain in effect. The project's in-lieu parking fee obligation ($49,140+/-) is waived in recognition that the project amends DP 98-60 which had previously been granted an in-lieu parking fee waiver. The project's CTIP, unless reduced or waived by subsequent Town Council action, shall be $4.50 per net additional square feet of conditioned space. Prior to the issuance ora building permit, the applicant shall reimburse the Town for notifying surrounding property owners of the public hearing. The fee shall be $120.00 (160 notices x $0.75 per notice) and shall be paid in addition to the reimbursement due under DP 98~60. Retail tenants on the ground floor area shall be limited to standard retail uses (i.e., uses with a parking demand of one space per 250 square feet of retail space, as established by the Town Municipal Code). PAGE 3 OF RESOLUTION NO. 2001-02 SITE PLANNING The building shall be raised approximately six inches to the level of the existing sidewalk. All resulting grading and drainage changes to the project shall be reviewed and approved by the City Engineer. An eight foot public sidewalk easement across the School Street frontage shall be dedicated to the Town of Danville prior to the issuance of a building permit. LANDSCAPING Final trellis colors and materials, as well as plant materials, shall be submitted for review and approval by the Design Review Board prior to installation A lighting plan, including final custom light fixture design, colors and materials shall be submitted for review and approval by the Design Review Board prior to installation. Colors, materials and plants for the planter boxes shall be submitted for review and approval by the Design Review Board prior to installation. The landscaping treatment at the corner of School Street and Railroad Avenue shall be submitted for review and approval by the Design Review Board. ARCHITECTURE 1. All exterior windows and doors shall be wood. The final height of the cupola shall be submitted for review and approval by the Design Review Board. The exterior of the building shall be wood siding and stucco only. The stucco shall be a smooth finish. A color mock up of all building colors shall be provided for review and approval by the Design Review Board. The design, colors and materials of the trash enclosure shall be submitted for review and approval by the Design Review Board. All hardscape colors and materials, and the final design of the hardscape treatment, shall be submitted for review and approval by the Design Review Board. PAGE 4 OF RESOLUTION NO. 2001-02 E. PARKING The property owner shall construct 13 on-street parking spaces on the south side of School Street located between Hartz and Railroad Avenues. Final improvement plans shall be submitted for review and approval by the Town of Danville Engineering Division. All work shall be completed to the satisfaction of the City Engineer The property owner shall be responsible for the ongoing sweeping and cleaning of the on-street parking area adjacent to the property. The property owner shall document that the contract service in place for the on-site landscape maintenance shall include the requirement that this service provides ongoing weekly sweeping and cleaning of the on-street parking area. The public improvements along the frontage of the property to the east (Balford Building) shall in no way be construed to imply any future parking or off-site improvement credit for that property as a part of any future development application. The owner shall create a parking management program requiring all tenants (both business owners and their employees) to obtain Town of Danville parking permits, and park in the Town's designated employee spaces. This requirement shall be placed within the lease of each tenant space, and evidence of this compliance submitted to the Town of Danville each time a new lease is signed. Each of the parking spaces located underneath the building shall remain as public spaces. No spaces may be designated as reserved parking. PAGE 5 OF RESOLUTION NO. 2001-02 APPROVED by the Danville Planning Commission at a regular meeting on January 9, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Graham, Legg, Moran, Osborn, Storer Jameson APPROVED AS TO FORM: City Attorney ? Chief of ~g f:\plarming\applicationXDP 98-60~PC StaffReport 2 - revised project PAGE 6 OF RESOLUTION NO. 2001-02