HomeMy WebLinkAbout042225-05.2 PLANNING COMMISSION STAFF REPORT 5.2
TO: Chair and Planning Commission April 22, 2025
SUBJECT: Resolution No. 2025-03, approving Development Plan request DEV24-
0011 and Variance request VAR25-0002 to allow for the construction of an
866 square foot office addition to an existing two-story office building
with two fewer parking spaces than required. The property is located at
20 Oak Court (APN 216-090-003).
DESCRIPTION
This project includes a Development Plan (DEV24-0011) and a Variance (VAR25-0002)
request to allow for the addition of 866-square-foot office space to an existing two-story
office building.
The Variance request would allow the resulting building to have two fewer parking
spaces at a provision of 42, while the Town’s code requires 44.
The subject lot is approximately 19,000 sq. ft. in size and is located at 20 Oak Court, which
is within the Downtown Business District Area 6 – Business and Professional Offices. The
existing office building is occupied by James E. Roberts Obayashi Corporation, with
about 8,960 sq. ft. in office floorspace and 42 parking spaces.
The proposed office addition would extend the second story of the existing building over
the parking area at the back of the lot. This addition would be supported by columns and
provide an open office area of about 19’-8” by 46’ for staff training purposes.
The Town’s Downtown Business District Ordinance requires the review and approval of
a Development Plan by the Chief of Planning or the Planning Commission prior to
building permit issuance.
EVALUATION/ DISCUSSION
Conformance with General Plan and Zoning District
The site has a General Plan land use designation of Downtown Master Plan, categorized
as Area 6 – Business and Professional Office.
Except for parking, as described below, the proposed addition complies with all the
development standards for the applicable zoning designation, including a maximum
DEV24-0011, VAR25-0002 – 20 Oak Court 2 April 22, 2025
floor area ratio of 65%, the height limit of two stories, and setback requirements.
Parking
Under the Town Code Section 32-45.34 Parking Requirements, 44 on-site parking spaces
would be required for the resulting building based on the standard parking ratio of 1
space per 225 sq. ft. for Office, Service and Business and Professional Offices. There are
a total of 42 parking spaces existing on site.
Town Staff have conducted a 3-day parking survey (February 11 to February 13) at
normal business hours (from 10am to 3pm) on the subject property (Attachment C). With
17 to 18 vacant parking spaces observed during each visit, the average utilization rate of
its existing parking provision is concluded at only about 58%.
Three parking spaces are currently occupied by construction equipment and materials
preventing their use for parking. A recommended condition of approval would require
the equipment and materials be removed and all of the spaces be maintained as available
parking spaces.
Given the existing low utilization rate, the Town is recommending approval of the
parking variance.
Architecture
The architectural design of the addition will match with the existing building, using
horizontal sidings in a dark earth-tone extending from the existing façade. The existing
building height of 35 feet will remain unchanged.
ENVIRONMENTAL REVIEW
This project has been found to be Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing Facilities.
The proposed project does not propose any unusual characteristics resulting in any
significant impacts relating to traffic, noise, air quality, or water quality.
PUBLIC CONTACT
Public notice of the April 22, 2025, hearing was mailed to property owners within 750 feet
and posted online. A total of 147 notices were mailed to surrounding property owners.
DEV24-0011, VAR25-0002 – 20 Oak Court 3 April 22, 2025
RECOMMENDATION
Resolution No. 2025-03, approving Development Plan request DEV24-0011 and Variance
request VAR25-0002 to allow for the construction of an 866-square-foot office addition to
an existing two-story office building with two fewer parking spaces than required. The
property is located at 20 Oak Court (APN 216-090-003).
Prepared by:
Jessica Lam
Assistant Planner
Attachments: A – Resolution No. 2025-03
B – Public Notification, Notification Map, and Notification List
C – Record of Observed Parking Conditions
D – Project Plans
RESOLUTION NO. 2025-03
APPROVING A DEVELOPMENT PLAN REQUEST DEV24-0011 AND VARIANCE
REQUEST VAR25-0002 ALLOWING THE CONSTRUCTION OF AN 866-SQUARE-
FOOT OFFICE ADDITION. A VARIANCE IS REQUESTED TO ALLOW TWO
FEWER PARKING SPACES THAN REQUIRED. THE SITE IS LOCATED AT 20
OAK COURT (APN 216-090-003)
WHEREAS, JAMES E. ROBERTS OBAYASHI CORP. (Owner) and SCOTT SMITH
(Applicant) have requested approval of Development Plan application DEV24-0011 and
Variance request (VAR25-0002) to allow for the construction of an 866-square-foot office
addition; and
WHEREAS, the subject site is located at 20 Oak Court and further identified as Assessor’s
Parcel Number 216-090-003; and
WHEREAS, the Town of Danville Downtown Business District Development Ordinance
requires approval of a Development Plan application prior to development within the
Downtown Business District Area 6 - Business and Professional Offices; and
WHEREAS, the Variance request VAR25-0002 would allow a reduced parking provision
with two fewer parking spaces than required under the Town’s Downtown Business
District Area 6 Ordinance for the proposed office addition; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing
Facilities, as the addition is small in scale and does not substantially increase the
building's capacity; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on April 22, 2025; and
WHEREAS, the public notice of this action was given in all respects as required by law;
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 approves Development Plan request DEV24-
0011 and Variance request VAR25-0002 subject to the conditions contained herein, and
make the following findings in support of this action:
Development Plan:
ATTACHMENT A
PAGE 2 OF RESOLUTION NO. 2025-03
1. The applicant intends to obtain permits for construction within 18 months from
the effective date of plan approval.
2. The proposed development is consistent with the Danville 2030 General Plan in
that, the proposed project substantially conforms with the Downtown Master Plan
and Danville’s 2030 General Plan Economic Development Goal No. 3 which states:
“Enhance Downtown Danville and its environs as the center of town, with a mix
of retail, office, residential, civic, and open space uses. Downtown should be a
more vibrant and successful center, with more walkable streets, opportunities to
live and work close to public transportation and shopping, and new housing for
persons of all incomes and ages.”
3. The proposal will be an attractive and efficient addition to the existing
development, which will fit harmoniously into DBD Area 6 and will have no
adverse effects upon the adjacent or surrounding developments.
4. The proposed project will conform to the architectural design criteria and
applicable development standards set forth by DBD Area 6 zoning regulations.
Request for Variance:
1. The variance does not constitute a grant of special privilege inconsistent with the
limitations on the other properties in the area and Downtown Business District
Area 6 in which the subject property is located in that, providing two fewer onsite
parking spaces will not result in adverse parking impacts, as the existing parking provision
demonstrates a low utilization rate and is adequate to accommodate the additional office
space.
2. Because of 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, in that, the property configuration and existing parking layout
(designed around two significant redwood trees) limit the feasibility of adding additional
on-site parking spaces.
3. This variance is in substantial conformance with the intent and purpose of the
DBD; Downtown Business District Area 6 – Business and Professional Offices in
which the subject property is located.
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 of a building permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for Development Plan request DEV24-0011 and Variance
request VAR25-0002 allowing the construction of an 866 square-foot office
addition to the existing office building located at 20 Oak Court. Except as
may be modified by conditions contained herein, development shall be
substantially as shown on the project drawings maintained by the Planning
Division under Project Folder “DEV24-0011 - 20 Oak Court.”
2. The Variance authorizes a reduction in the required on-site parking spaces
from forty-four (44) to forty-two (42) in conjunction with the proposed
office addition.
3. All materials and equipment that currently occupy parking spaces shall be
removed prior to approval of the final building permit. On-site parking
spaces shall be maintained and used exclusively for the parking of
passenger vehicles and light-duty trucks.
* 4. Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $201 ($130.00 plus 147 notices X $0.83).
* 5.
* 6.
* 7.
Prior to the issuance of building permits, the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) have been, or will be, met to the satisfaction
of the SRVFPD.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), 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
PAGE 3 OF RESOLUTION NO. 2025-03
PAGE 4 OF RESOLUTION NO. 2025-03
construction of the project.
* 8. 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.
* 9. A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
* 10. Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
B. SITE PLANNING
* 1. 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.
* 2. 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.
C. ARCHITECTURE
1.All exterior building materials and colors of the proposed addition shall
match the existing building, using horizontal sidings in a dark earth-tone
extending from the existing façade.
* 2. 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.
PAGE 5 OF RESOLUTION NO. 2025-03
D. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 2. 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.
* 3. 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.
* 4. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
E. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District. Any work
conducted on the street for sewer connection shall be coordinated with the
Town’s Development Services Department to avoid or minimize any public
impact.
* 3. Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer.
* 4. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
PAGE 6 OF RESOLUTION NO. 2025-03
method through the project to an approved storm drainage facility, as
determined acceptable by the City Engineer.
* 5. Roof drainage from structures 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.
* 6. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the construction
of off-site temporary or permanent road and drainage improvements.
* 7. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 8. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
F.MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
* 2. Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any
claim, action, or proceeding against the Town or its agents, officers, or
employees to attack, set aside, void, or annul, the Town's approval
concerning this Minor Subdivision application, which action is brought
within the time period provided for in Section 66499.37. The Town will
promptly notify the applicant of any such claim, action, or proceeding and
cooperate fully in the defense.
PAGE 7 OF RESOLUTION NO. 2025-03
APPROVED by the Danville Planning Commission at a regular meeting on April 22,
2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
ATTACHMENT B
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OBSERVED PARKING CONDITIONS : 42 PARKING SPACES IN TOTAL
2:30 P.M. Tuesday, February 11, 2025
Vacant parking spaces : 18 spaces (1 handicap spaces)
Vehicle occupying parking spaces : 21
Machinery occupying parking spaces : 3 spaces
10:00 A.M. Wednesday, February 12, 2025
Vacant parking spaces : 17 spaces (1 handicap spaces)
Vehicle occupying parking spaces : 22
Machinery occupying parking spaces : 3 spaces
2:50 P.M. Wednesday, February 12, 2025
Vacant parking spaces : 18 spaces (2 handicap spaces)
Vehicle occupying parking spaces : 21
Machinery occupying parking spaces : 3 spaces
10:00 A.M. Thursday, February 13, 2025
Vacant parking spaces : 17 spaces (2 handicap spaces)
Vehicle occupying parking spaces : 22
Machinery occupying parking spaces : 3 spaces
Average vacant parking spaces – 17.5 spaces or 42% of total parking
Possible unoccupied parking spaces – 20.5 spaces or 49% of total parking
Average occupied spaces with machinery – 24.5 spaces or 58% (utilization rate)
Average occupied spaces without machinery – 21.5 spaces or 51% (utilization rate)
ATTACHMENT D