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HomeMy WebLinkAbout2009-10 RESOLUTION NO. 2009-10 APPROVING LAND USE PERMIT REQUEST DEV09-0015 AUTHORIZING A RANGE OF NON-RETAIL USES AS GROUND FLOOR TENANTS IN THE ROSE GARDEN SHOPPING CENTER/ NA VLET'S GARDEN CENTER (APN: 207-021-030; 031-700 Camino Ramon) WHEREAS, ROSE GARDEN ASSOCIATES DANVILLE LLC and BERTOLERO DEVELOPMENT CORPORATION, INC. (Owners) and BLAKE HUNT VENTURES (Applicant) have requested approval of Land Use Permit request DEV09-00l5 to authorize ground floor tenant space occupancy by a range of non-retail businesses in the Rose Garden Shopping Center; and WHEREAS, the subject site is the northern 7.3+/- acre portion of the Rose Garden Shopping Center/Navlet's Garden Center property located at the southeast corner of the intersection of Sycamore Valley Road and Camino Ramon and is further identified as Assessor's Parcel Numbers 207-021-030; -031; and WHEREAS, the proposed non-retail use project requires the approval of a land use permit as the uses requested have been established as "conditional uses" by the underlying land use entitlement granted through the approval of Preliminary Development Plan - Rezoning request PUD04-0005; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 26, 2009; and WHEREAS, authorization to establish previously identified" conditional uses" in the Rose Garden Shopping Center has been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15305; and WHEREAS, 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 Land Use Permit request DEV09-00l5; 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 Land Use Permit request DEV09-0015, authorizing inclusion of the requested" conditional uses", including the combination of personal service - hair salon uses, exercise/ fitness facility uses and educationalj service uses, in the Rose Garden Shopping Center as proposed by the applicants and makes the following findings in support of this action: FINDINGS OF APPROV AL 1. The proposed land use activity 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. 4. The land use will not adversely affect general plan policies and goals as set forth by the Danville 2010 General Plan. 5. 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. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with upon the issuance of planning entitlements for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. 1. This approval is for Land Use Permit request DEV09-0015, authorizing existing tenant spaces in the Rose Garden Shopping Center to be occupied by uses listed as "conditional uses" in the Center's underlying Preliminary Development Plan - Rezoning approval (i.e., PUD04-0005). The authorized "conditional uses" may include some combination of: personal service - hair salon uses, ground floor offices, exercise/ fitness facilities, and educationalj service uses. 2. Prior to tenant occupancy by each authorized "conditional use", the applicant shall submit a draft copy of a tenant-specific parking management agreement for Planning Division review and approval. The agreements shall be structured to require institution of reasonable monitoring measures to assure the intent and PAGE 2 OF RESOLUTION NO. 2009-10 requirements of this approval are met. The agreements shall document the manner by which business customers will be advised as to which on-site parking areas should be used during their visit to the subject tenant occupancy. The agreements shall incorporate appropriate authorization to allow the Town to require applicant implementation of alternate and/ or supplemental parking impact mitigation measures to assure the operation of the authorized "conditional uses" does not adversely impact the operation of the shopping center in terms of the availability and distribution of on-site parking. At the discretion of the Chief of Planning, the draft agreement, as well as any subsequent amendments to the agreement, may be referred to the Planning Commission for consideration and action. 3. Land Use Permit request DEV09-0015 authorizes tenant spaces a range of "conditional uses", with the respective categories of uses to observe the following maximum size limitations: a. Ground Floor Office Use - Limited to a maximum of 4,820 square feet b. Personal Service - Hair Salon Use - Limited to a maximum of 3,750 square feet c. Exercise/Fitness Facility Use - Limited to a maximum of 2,500 square feet d. EducationaljService Use - Limited to a maximum of 2,500 square feet Due to the parking demand associated with each of these uses, the Rose Garden Shopping Center cannot operate with all four of these uses at the above-cited respective maximum square footages. This approval authorizes Center ownership the ability to "mix and match" the authorized "conditional uses" in such a manner that no one type exceeds its maximum square footage and so that the overall parking demand for the center remains within that which is authorized through Variance request V AR09-0004. 4. At such time that the Rose Garden Shopping Center is effectively at full occupancy, but in no case later than five years after the effective date of this approval, the tenant spaces occupied by "conditional uses" included in the categories of ground floor office uses, exercise/fitness facility uses and educationalj service uses shall be subject to reversion to retail uses where such individual tenant spaces are vacated by the "conditional use" and the subject tenant space remains unleased for a period in excess of 180 days, unless a separate, subsequent land use approval is secured for the space. PAGE 3 OF RESOLUTION NO. 2009-10 5. Any change to the permanent business identification signage serving the subject tenant spaces shall be subject to separate review and approval through a Sign Permit submittal and shall be consistent with the approved Master Sign Permit for the Rose Garden Shopping Center. 6. The applicant, in conjunction with the respective authorized" conditional uses", shall have the responsibility to identify and implement reasonable measures to minimize client-generated exterior noise associated with client activity, as may be discernable at the project boundaries, prior to 8:00 a.m. and after 9:00 p.m. 7. This permit is revocable for cause as established by Section 30-4.11 of the Danville Municipal Code. APPROVED by the Danville Planning Commission at a regular meeting on May 26, 2009, by the following vote: AYES: NOES: ABSTAINED: ABSENT: RECUSED: Overcashier, Morgan, Nichols, Combs, Storer, Attwood, Radich Antoun Zd %.;,// .. .. Chairman APPROVED AS TO FORM: ~fJ ~- City Attorney ) ~~~ -F~ r ef of PIa ing PAGE 4 OF RESOLUTION NO. 2009-10