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HomeMy WebLinkAbout002-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Denying the Appeal of Mr. and Mrs. Enzo Franceschi From the Decision of the Planning Commission Approving LUP 84-13 RESOLUTION NO. 2-8.5 On November 19, 1984, the Planning Commission of the City of Danville approved LUP 84-13 for the use of a municipal office facility at 510 La Gonda Way (the "subject property"); On November 28, 1984, Mr. and Mrs. Enzo Franceschi through their attorneys, Little and Suputo, appealed the decision to the City Council; After giving the notice required by law the City Council held a public hearing on December 17, 1984; At the public hearing, the City Council received statements from all persons desiring to be heard; The City Council having heard and considered the pre- sentation by city staff, the statements of the parties appealing the decision and Ken D. Little, their attorney, and all members of the public desiring to be heard; and The City Council having examined the documentary evidence submitted in support of the appeal and in support of the decision of the Planning Commission and being fully advised with reference to all matters in connection with the appeal; The City Council of the City of Danville finds, determines and orders as follows: 1. The findings of the City Council in the matter of the appeal by Mr. and Mrs. Enzo Franceschi from the decision of the Planning Commission to grant LUP 84-13 are as follows: a. The project proposed by the LUP 84-13 application is categorically exempt from the requirement for the preparation of environmental documents. -1- b. The proposed conditional land use is not detrimental to the health, safety and general welfare of the City in that: (1) the use proposed will, based on the traffic information submitted, generate less traffic than the presently authorized medical/dental clinic use when filled to capacity the number of average daily trips per 1,000 square feet of governmental office space is 20 to 30, while the average for medical/dental offices is 30 to 50; --- the present staff numbers 23 and is not expected to expand beyond 32 during general working hours; (2) the reduction in the intensity of traffic from the potential that exists from the present authorized use will correspondingly reduce the adverse effects of the proposed use on pedestrian, bicycle and vehicle safety and noise generation; (3) the City Council intends to prohibit evening and weekend meetings at the site where more than 25 participants are expected (proposed condition 5); (4) the operations of the police department will not result in effects on the neigh- borhood that go beyond those attributable to the subject property as a normal office facility. Police operations are conducted indoors at the site and away from the station on established beat areas. They do not require on-site exterior sirens, radios, loudspeakers or other noise generating equipment. Sirens (when necessary) are used only in heavy traffic (department policy) and proposed condition 6 prohibits siren use in the vicinity of the subject property. Police activities at the subject property would consist only of normal ad- ministrative activities and alcohol testing on drivers suspected of being under the influence of alcohol; -2- (5 The proposed site plan provides for on site parking of 80 vehicles. This meets both established requirements and anticipated needs and nearby residential streets will not be burdened (proposed conditions 1 and 2); c. The proposed conditional land use will not adversely affect the orderly development of property in the City because: (1) the subject property was developed and used before Danville's incorporation for medical and dental offices under a land use permit granted by Contra Costa County; (2) the City has adopted the same general plan designation and zoning (R-15) for the subject property as that specified by the County before incorporation; (3) the zoning of the subject property is consistent with the general plan; (4) under the former County and present City zoning, publicly owned buildings are permitted on the subject property only upon the issuance of a land use permit. The use proposed by LUP 84-13 does not, therefore, alter the kinds of activities authorized for the subject property nor establish a precedent that other property in the area zoned R-15 will either be granted a land use permit or be rezoned to another land use district classification. d. The proposed conditional use will not adversely affect the preservation of property values and the protection of the tax base for the reasons set forth in subparagraphs (b) and (c) of this paragraph 1. e. The proposed conditional use will not adversely affect the policy and goals as set by the general plan for the reasons set forth in subparagraphs (b) and (c) of this paragraph 1. f. The proposed conditional use will not create a nuisance and/or enforcement problem within the neighborhood or community for the reasons set forth in subparagraphs (b) and (c) of this paragraph 1. -3- g. The proposed conditional use will not encourage marginal development within the neigh- borhood for the reasons set forth in subparagraphs (b) and (c) of this paragraph 1. h. The pre-existence of the medical and dental office which is presently authorized for the subject property and the use proposed for public offices when compared with the medical/dental use establish special conditions and unique characteristics of the subject property, its location and surroundings within the meaning of section 26-2.2008(7) of the County Ordinance Code as adopted by reference by the City. 2. LUP 84-13 is approved and the appeal from the decision of the Planning Commission is denied. 3. The grant of LUP 83-13 is subject to the conditions attached as Exhibit "A" and made a part by this reference. PASSED AND ADOPTED this January __~7, 1985, by the following vote: AYES: l{ay, ~IcNeely, Schlendorf N OE S: ~7one A]3 SENT: Lane ABSTAI~f: Offenhartz MAYOR ATTEST: -4- LUP 84-13 CONDITIONS OF APPROVAL i · Parking of City vehicles overnight, or at other times outside normal business hours (8:00 A.M. to 5:00 P.M.) shall occur between the office building and the 1-680 Freeway; parking facilities behind the building shall be screened from the freeway with landscaping. Parking shall be constructed as per plans submitted and approved by the Planning Commission. All City Maintenance and Park and Recreational vehicles shall be parked at the rear of the building when not is use during daytime hours· · The City shall construct the additional parking (as needed to meet the City's parking ordinance requirements) between the existing building and the 1-680 Freeway· o · The exterior elevations of the building fronting on La Gonda Way shall not be altered except as necessary for routine maintenance of the building. Any proposed revisions to the elevations or the site plan shall be subject to minor development approval and shall be reported to the Planning Commission· · The existing building sign standard on La Gonda Way shall remain as is except that the City may change the name of the sign. No additional building address or identification signing shall be installed other than building entry signs· · Public hearings and City Council and Planning Commission meetings shall be prohibited· Evening meetings (such as staff and advisory boards) for which more than 25 participants are anticipated shall be prohibited; evening meetings shall not extend past 11:00 P.M. · Use of emergency vehicle sirens on La Gonda Way while emergency vehicles are enroute to and from the City offices shall not be permitted· · All uses of the building shall be for City of public related uses. This use permit shall not apply to private and/or other commercial uses. · No exterior storage of maintenance materials is permitted on the site except if screened from public view. · Detailed landscape plans prepared by a licensed landscape architect shall be submitted for Planning Commission review and approval· EXH,,IBJ 10. The applicant should be aware that Section 82-2.014 of the Ordinance Code as adopted by the City of Danville states that all permits issued pursuant to Title 8 are to conform to Division 914 (Drainage) of the Subdivision Ordinance. These requirements include the following: All storm waters entering or originating within the subject property are to be conveyed to the nearest adequate man-made drainage facility or natural water course. For this site the applicant's civil engineer shall do a drainage study and recommend drainage improvements for review and approval by the City Engineer. 11. No parking along the west side of La Gonda Way adjacent to the Municipal offices nor within 50 feet north or south of the property line.