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Home My WebLink About2001-14RESOLUTION NO. 2001-14 APPROVING REVISED FINAL DEVELOPMENT PLAN REQUEST DP 2001-07, LAND USE PERMIT REQUEST LUP 2001-07 AND SIGN REVIEW REQUEST SR 2001-09 ALLOWING MINOR MODIFICATIONS TO THE PREVISOUSLY APPROVED ARCHITECTURE FOR THE DANVILLE SQUARE REDEVELOPMENT, ALLOWING THE CREATION OF A 9,500 +/- SQUARE FOOT OUTDOOR STORAGE/SALES AREA, ALLOWING OUTDOOR SEATING, AND ALLOWING A SIGN EXCEPTION FOR POPPYBOX GARDENS (APN: 199-330-020, 022, 024, 026, 044, 045, 048 and 049) WHEREAS, Edward S. Ageno 1992 Trust (Owner) and Poppybox Gardens (Applicant) have requested approval of a Revised Final Development Plan request (DP 2001-07) and Land Use Permit request (LUP 2001-07) to allow architectural modifications to the previously approved architecture for the redevelopment of the Danville Square Shopping Center; and WHEREAS, the architectural modifications consist of minor changes to the front elevation of the previously approved 15,800 +/- square foot building to be constructed on the southwest corner of Railroad Avenue and Love Lane; and WHEREAS, the Land Use Permit request would allow for the creation of a 9,500+/- square foot fenced outdoor storage area to be located in the northwest comer of the shopping center, on the north side of the existing hardware store for use for storage and sales of plants and related items for "Poppybox Gardens," a planned future tenant of the approved building on the southwest comer of Railroad Avenue and Love Lane; and WHEREAS, the subject 4.05 +/- acre site is located at 1-99 Railroad Avenue and is further identified as Assessor's Parcel Numbers 199-330-020, 022, 024, 026, 044, 045, 048 and 049; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval o£a Revised Final Development Plan application in order to modify the architectural approval which was previously approved under Final Development Plan DP 99-28; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Land Use Permit prior to the allowance of outdoor storage, outdoor sales, and outdoor seating; and WHEREAS, the Town of Danville Sign Ordinance requires an exception to the ordinance to allow more than one sign for a single tenant to be oriented in the same general direction; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 24, 2001; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of 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 of the Town of Danville approves Revised Final Development Plan request DP 2001-07, Land Use Permit request LUP 2001-07, and Sign Review request SR 2001-09 per the conditions contained herein, and makes the following findings in support of this action: Revised Final Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. 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. 3. The proposed project is consistent with the Danville 2010 General Plan and the Downtown Business District Ordinance. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Land Use Permit: 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. PAGE 2 OF RESOLUTION NO. 2001-14 The land use will not adversely affect the policy and goals as set by the 2010 General Plan. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. Sign Review The exception to the Town's Sign Ordinance is consistent with the intent of the Sign Ordinance since the second sign will be much smaller than the primary sign, will be located at a lower elevation than the primary sign, and will serve to appropriately designate the secondary entrance into the store's outdoor storage/sales area. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") 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 ora 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 Revised Final Development Plan request DP 2001-07 and Land Use Permit request LUP 2001-07 to allow architectural modifications to the previously approved architecture for the redevelopment of the Danville Square Shopping Center. The architectural modifications consist of minor changes to the front elevation of the previously approved 15,800 +/- square foot building to be constructed on the southwest corner of Railroad Avenue and Love Lane. The Land Use Permit request would allow for the creation of a 9,500+/- square foot fenced outdoor storage area. The outdoor storage area would be located in the northwest corner of the shopping center, on the north side of the existing hardware store. The fenced outdoor area would be used for storage and sales of plants and related items for "Poppybox Gardens," a planned future tenant of the approved building on the southwest comer of Railroad Avenue and Love Lane. Except as may be modified by the following conditions of approval, development shall be substantially as shown on the project drawings as follows: Site plan and architectural elevations labeled "Poppybox Gardens," as prepared by William Wood Architects, consisting of nine sheets, dated received by the Planning Division on April 11, 2001. PAGE 3 OF RESOLUTION NO. 2001-14 ~ b. Entry Gate and Perimeter Fence details as prepared by McCall Design Group, dated received by the Planning Division on April 12, 2001. Greenhouse pamphlet detailing the greenhouse design titled "the A-Frame," by Rough Brothers Inc., on file with the Planning Division. The applicant shall pay 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. Prior to the issuance ora building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $179.25 ( 239 notices X $0~75 per notice). Except as may be superceded by these conditions of approval, the conditions of approval contained within Planning Commission Resolution No. 2000-12 shall continue to be applicable to all aspects of this development. At any time within the valid period of the approval established under Planning Commission Resolution No. 2000-12 and the Redevelopment Agreement between the Town and the Ageno Trust, the applicant may exercise the entitlement as previously approved related to the construction of Phase 2B improvements to the shopping center. 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. Outdoor sales and display for Trader Joes shall be limited to the area in front of the window to the left of the entryway. No sales or display shall occur within the entryway. Storage shall not be allowed to block the walkway in front of the store. The landscape plan previously approved for this development under Planning Commission Resolution No. 2000-12 shall be implemented as part of this project. Any modification to the previously approved landscape plan shall require review and approval by the Design Review Board. This permit authorizes 12 outdoor seats and three tables to be located on the patio near the House of Bread store. PAGE 4 OF RESOLUTION NO. 2001-14 The applicant shall design a revised sign program for the traffic regulatary signage within the shopping center parking lot. The goal of the program shall be to bring these signs into conformance with the overall character of the shopping center. The sign program shall be submit for review and approval by the Town prior to issuance of building permits for the Phase 1 b building. C. ARCHITECTURE * 1. Samples of final materials and the proposed color palette 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~ The hanging sign over the entry into the outdoor storage/sales area for the Poppybox Gardens tenant space shall be constructed of sandblasted redwood (or equivalent in appearance). The maximum height of the letters for the sign shall be 12 inches. D, PARKING 1. The calculated parking demand for the shopping center shall not exceed the parking spaces provided. The Town may limit the establishment of the amount of non- standard retail uses (i.e, uses listed under the Danville Municipal Code to require more than one parking space per 250 gross square feet) as necessary so that the parking demand does not exceed the supply. APPROVED by the Danville Planning Commission at a regular meeting on April 24, 2001, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: City Attorney Combs, Graham, Jameson, Legg, Moran, Osborn, Storer 'Ch~itrman [ Chief of~g PAGE 5 OF RESOLUTION NO. 2001-14