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HomeMy WebLinkAbout2025-03 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: Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 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: Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 PAGE 3 OF RESOLUTION NO. 2025-03 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. 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. * 6. 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. * 7. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 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. Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 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 Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 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. Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199 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: BOWLES, COMBS, GRAHAM, HALKER, MADDALON, RADICH, TRUJILLO NOES: NONE ABSTAINED: NONE ABSENT: PALANDRANI _____________________________ VICE CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING Docusign Envelope ID: FA12BD1D-0500-4AAF-AF42-D7754DD6D199