Loading...
HomeMy WebLinkAbout2007-04 RESOLUTION NO. 2007-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING AN APPEAL OF THE ADMINISTRATIVE ACTION TO APPROVE LAND USE PERMIT REQUEST LUP 2005-20 (APN: 208-541-003 - ELEGANT CLUTTER) WHEREAS, AndrewS. Greenblatt representing Elegant Clutter (APPLICANTS) Bill Tribolet representing Danville Livery Shopping Center (OWNERS) have requested approval of a Land Use Permit to make placement and use of two 8' x 20' metal storage containers within parking spaces at the rear of the tenant space to store overflow merchandise; and WHEREAS, the subject commercial tenant space is located at 702 Sycamore Valley Blvd West in the Danville Livery Shopping Center and is further identified as Assessor's Parcel Number 208-541-003; and WHEREAS, the Town of Danville DBD; Downtown Business District - Area 8 Retail/Office requires approval of a Land Use Permit prior to the establishment of outdoor storage or display of merchandise; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Division issued an Appealable Action Letter on February 26, 2007 providing for the administrative approval of LUP 2005-20; and WHEREAS, Stephen C. and Karen Beck, owners a residence located west of the Danville Livery Shopping Center filed an appeal of the Town of Danville Planning Division's decision to approve LUP 2005-20 within the 10-day appeal period for that action; and WHEREAS, the Planning Commission did review the appeal for the project at a noticed public hearing on April 24, 2007; and WHEREAS, the public notice of the public hearing for the appeal was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission deny the appeal and uphold the administrative action to approve LUP 2005-20; 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 denies the appeal and upholds the administrative action to approve Land Use Permit request LUP 2005- 20 per the conditions contained herein, and makes the following findings in support of this action: LAND USE PERMIT FINDINGS OF APPROVAL: 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town because the proposed storage containers will be placed away from abutting residential areas (i.e., along the north side of the shopping center 1?etween that center and the adjoining commercial use to the north) and will be regulated, through the project approvat to be maintained in a clean and orderly fashion. 2. The land use will not adversely affect the orderly development of property within the Town because the proposed land use is located on a fully developed commercial property and storage containers will be placed within an existing parking area in a manner that does not compromise the functionality of the adjoining parking and drive aisle areas. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the 2010 General Plan because the Zoning Ordinance was designed to be consistent with the overall policy and framework of the General Plan and the use, as approved through this land use permit process, is an anticipated and allowable activity that serves to support the function and operation of the largest commercial tenant in the shopping center. 5. As conditioned through this land use permit approval, the land use will not create a nuisance and/ or enforcement problem within the neighborhood or community because the continued authorization to use the storage containers is tied to maintaining the containers and abutting area in a clean and orderly manner. 6. The land use will not encourage marginal development within the neighborhood because the approval is specific to the single retail tenant in the shopping center, who is unique in terms of tenant lease space and product type and delivery PAGE NO.2 RESOLUTION NO. 2007-04 considerations, meaning no similar request for long-term use of storage containers can be anticipated to be authorized in the shopping center. LAND USE PERMIT 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. 1. This approval authorizes the placement and use of two 8' x 18' metal storage containers placed within two parking spaces at the rear of the Elegant Clutter retail space in the Danville Livery Shopping Center. The storage containers shall be for exclusive use by Elegant Clutter for storage of overflow merchandise. The storage containers shall be located as depicted on the Staff Study dated. December 6, 2005, on file with the Planning Division. 2. The land use permit authority to utilize the storage containers runs until March 7, 2008. Upon making a determination that the original findings of approval continue to be valid for the project, the Town Planning Division may grant administrative extension(s) for up to an additional three years beyond this permit period. 3. The applicant, in conjunction with the property owner of the subject commercial property, shall be responsible for keeping the exterior area adjoining the subject tenant space clear of litter and debris. 4. Within thirty days of the effective date of this permit (i.e., prior to June 4,2007), the applicant shall provide to the Town proof of liability insurance coverage for the storage containers on the applicant's and/ or the property owner's insurance policy. 5. No business identification signage shall be placed on the storage containers. 6. All exterior lighting associated with the subject business shall be subject to review and approval by the Planning Division. Outdoor lighting shall be low glare, directed on-site, and shall not shine into adjacent properties or cause a nuisance for passing motorists. Only safety lighting shall be allowed after the authorized hours of operation. 7. The two most proximate parking spaces to the approved location of the storage containers (i.e., the two parking spaces adjoining and east of the approved location for the storage containers) shall be marked and utilized as assigned PAGE NO.3 RESOLUTION NO. 2007-04 employee parking for Elegant Clutter employees (to assure these spaces are not available for use by the general public). 8. Within thirty days of the effective date of this permit (i.e., prior to June 4, 2007) the applicant shall submit a completed land use permit application form to the Town and shall make payment of the $162.00 application fee associated with the permit for the temporary land use permit. 9. Within thirty days of the effective date of this permit (i.e., prior to June 4, 2007) the applicant shall reimburse the Town for notifying surrounding neighboring property owners of this administrative land use permit request. The reimbursement fee to be paid is $93.00 (124 notices X $0.75 per notice). 10. The applicant shall diligently pursue property owner approval to cQnvert the handicap parking space and adjoining unloading zone at the southeast terminus of the rear parking area to convert this 14'+/- wide by 17'+/- deep parking area into a turnaround zone serving this 90+/- space dead-end parking aisle. If the property owner approval can be secured, the handicap space and adjoining unloading zone shall be marked as a "No Parking - Turnaround Area" zone. The striping plan used to communicate this parking restriction shall be subject to review and approval by the Planning Division and be installed within thirty days of securing such approval from the Town. 11. Within thirty days of the effective date of this permit (i.e., prior to June 4,2007) the applicant shall submit the proposal to supplement existing center landscaping to provide additional visual screening of the storage containers. The method of screening, as well as the colors of the storage containers, shall be subject to review and approval of the Design Review Board (DRB). Screening installed shall be provided at the street (i.e., project landscape area along the north side of Remington Drive) and/ or in the parking area, as may be determined feasible and appropriate by DRB. 12. This permit is revocable at any time by the Town for cause consistent with the creation of a nuisance related to the use, non-compliance with these conditions of approval. . PAGE NO.4 RESOLUTION NO. 2007-04 APPROVED by the Danville Planning Commission at a regular meeting on April 24, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: - Antoun, Combs, Condie, Morgan, Nichols APPROVED AS TO FORM: ci~g'~7 anning PAGE NO.5 RESOLUTION NO. 2007-04