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RESOLUTION NO. 2009-21
APPROVING LAND USE PERMIT REQUEST DEV09-0040 ALLOWING THE USE
OF AN EXISTING 5,000 +/- SQUARE FOOT BUILDING ASA PRIVATE
CIGAR CLUB (APN: 216-090-008 - LEGACY CIGAR BAR)
WHEREAS, 65 Oak Court Lie (APPLICANT/OWNER) has requested approval of a
Land Use Permit request to allow the use of an existing building at 65 Oak Court as a
private cigar club. The maximum occupancy would be 39, including six staff members.
The majority of the club would be limited to reservations only. The club would provide
on-site valet parking at all times. The hours of operation would be Monday-Wednesday
2:00 p.m. to 10:00 p.m., Thursday & Friday 2:00 p.m. to 12:00 a.m., and Saturday &
Sunday 10:00 a.m. to 10:00 p.m.; and
WHEREAS, the subject property is located on a .37 acre (16,100 + / - s.f.) lot at 65 Oak
Court, APN: 216-090-008; and
WHEREAS, the Town's Downtown Business District Ordinance requires approval of a
Land Use Permit prior to the allowance of a private cigar club within Downtown
Business District 6; Offices; 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; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on June 23, 2009; and
WHEREAS, the 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 the request; 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 Danville Planning Commission and approves Land Use Permit
request DEV09-0040 and makes the following findings in support of this action:
FINDINGS:
1. The proposed land use will not be detrimental to the health, safety, and general
welfare of the Town as there is no evidence the land use will result in any
adverse impacts to the surrounding properties or 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 the policy and goals as set by the 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.
7. The proposed land use is consistent with the listed conditional uses allowed
within Downtown Business District 6; Offices.
CONDITIONS OF APPROV AL
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
initiation of the subject land use. Each item is subject to review and approval by the
Planning Division unless otherwise specified.
1. This approval is for a Land Use Permit request DEV09-0040 to allow the
operation of a private Cigar Club at 65 Oak Court, also referred to as the Legacy
Cigar Bar. Development shall be substantially as shown on the project drawings
as follows, except as may be modified by conditions contained herein;
a. Land Use Site Plan, Existing Conditions, and Parking and Circulation Plan
labeled "Legacy Cigar Bar - 65 Oak Court," as prepared by Milani and
Associates, dated June 6, 2009.
PAGE 2 OF RESOLUTION NO. 2009-21
b. Parking Exhibit labeled "Legacy Cigar Bar - 65 Oak Court," as prepared
by Milani and Associated, consisting of two sheets, dated June 4, 2009.
c. Preliminary Elevation Rendering and Floor Plans attached as Exhibit H of
the Staff Report for this project
*2. All Town and other related fees that the property may be subject to shall be paid
by the applicant. These fees shall be based on the current fee schedule in effect at
the time the relevant permits are secured, and shall be paid prior to issuance of
said permit and prior to any Town Council final approval action.
3. Prior to the issuance of a building permit, whichever occurs first, the applicant
shall reimburse the Town for notifying surrounding residents of the public
hearing. The fee shall be $225.37 ($110 + 139 notices X $0.83 per notice).
*4. Prior to the issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) and the San Ramon Valley Unified School District
have been, or will be, met to the satisfaction of these respective agencies.
*5. 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. Prior to any construction
work on the site, including grading, the applicant shall install a minimum 3'x3'
sign at the project entry which specifies the allowable construction work days
and hours, and lists the name and contact person for the overall project manager
and all contractors and sub-contractors working on the job.
*6. The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/ or the Chief Building Official, around the site during construction
of the project.
*7. The applicant shall require 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.
PAGE 3 OF RESOLUTION NO. 2009-21
*8. Planning Division sign-off is required prior to final Building Inspection sign-off.
*9. All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six-foot
high masonry walls on three sides with steel framed gates and wood bolted to
the gates. Gates will be self-closing and self-latching. Prior to issuance of a
building permit, the applicant shall document that all trash! recycling areas are
appropriately sized and located. The trash and recycling area(s) shall be covered
and bermed so as not to allow storm water run-off and run-on from adjacent
areas.
*10. The street numbers for each building in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
*11. All parking spaces shall be striped and provided with wheel stops unless they
are fronted by concrete curbs, in which case sufficient areas shall be provided
beyond the ends of all parking spaces to accommodate the overhang of
automobiles.
*12. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less than
8 feet by 16 feet in size, including allowable overhang.
13. Site circulation shall consist of a one way clockwise loop around the building.
The western-most driveway connection to Oak Court shall be an exit only, and
the eastern driveway connection to Oak Court shall be an exit only. The central
Oak Court driveway connection (the eastern side of the circular driveway) shall
be an entry only. Appropriate driveway markings and signage shall be
incorporated as determined by the Town.
*14. 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.
*15. As a part of the issuance of a demolition permit and! or building permit for the
project, the developer shall submit a recycling plan for building and construction
materials and the disposal of green waste generated from land clearing on the
site. Prior to obtaining framing inspection approval for the project, the
PAGE 4 OF RESOLUTION NO. 2009-21
applicant/ owner shall provide the Planning Division with written
documentation (e.g. receipts or records) indicating that waste materials created
from the demolition of existing buildings and the construction of new buildings
were/ are being recycled according to their recycling plan or in an equivalent
manner.
*16. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction
Best Management Practices (BMPs) for the site. For example, construction BMPs
may include, but are not limited to: the storage and handling of construction
materials, street cleaning, proper disposal of wastes and debris, painting,
concrete operations, dewatering operations, pavement operations,
vehicle/ equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs for construction
activities is a requirement of tills permit. At the discretion of the City Engineer, a
Storm Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres. .
17. The maximum number of occupants of the site (members and employees) shall
not exceed 39 at any time.
18. All required parking spaces for this land use shall be provided on-site in one of
the stripped parking spaces, or the spaces reserved for valet parking.
19. The operator shall provide for on-site valet parking at all times that the club is
open to members. Use of the valet parking service shall be mandatory for all
members.
20. The second story area and the Governor's Room on the first floor shall be used
only upon the prior reservation of those areas.
21. The operator shall include in its written membership agreements to be signed by
each member the following information: 1) the maximum occupancy of the site
(39), including members and employees; 2) the requirement for a, prior
reservation for the Governor's room and any space on the second floor; 3) the
right of the operator to deny entry to any member to assure compliance with the
maximum occupancy limit; and 4) the terms of the land use permit with regard
to on-site valet parking.
22. The operator shall maintain a sign-in sheet and daily records of numbers of
members that utilize the club. Those records shall be summarized and submitted
PAGE 5 OF RESOLUTION NO. 2009-21
to the Town (without names of employees) on a yearly basis to verify compliance
with the maximum occupancy requirement.
23. After an appropriate time after the initialization of the operation of the facility, as
determined by the Planning Division, the operator shall commission the
preparation of a follow-up parking survey to assess the parking situation and the
effectiveness of the parking management plan. If determined necessary by the
Town, additional measures may be required to address parking issues, including
the reduction of the maximum occupancy number. If necessary, the Town may
require additional reports at six month intervals (or shorter intervals as
necessary) to assure compliance with the conditions of approval.
24. Any proposed future modifications to the exterior of the building, including
landscape plans, shall be submitted for review and approval by the Town under
a separate Development Plan application. The front perspective drawing
referenced under Condition of Approval l.c. above is not approved as part of
this Land Use Permit.
25. Only one van-accessible handicap parking spaces is required on the site. The
applicant may re-design the proposed handicap parking space in the rear of the
building to be a standard parking space.
26. Prior initiation of the land use, the subject building shall fit the exhaust system
with an air cleaning system to reduce smoke and odors emanating from the
building to an efficiency level of 95-99% by particle count, or as otherwise
determined acceptable by the Town.
27. Because storm runoff from Oak Court and the surrounding properties has
historically been routed through an existing concrete ditch across the subject
property to the Iron Horse Trail corridor, the applicant shall formalize this
drainage right by granting a public Storm Drain Easement to the Town across the
ditch. Once said easement is accepted by the Town, the Town will assume
maintenance responsibility for the ditch in perpetuity.
Because Oak Court and the surround properties rely on the existing drainage
ditch across the subject property's southeast property boundary, the
functionality of the ditch shall not be altered with the project. If the applicant
intends to modify the ditch to accommodate vehicle passage, all modifications
will be subject to review and approval by the City Engineer, and must be
PAGE 6 OF RESOLUTION NO. 2009-21
performed in a manner that does not decrease the capacity of the ditch or
increase the Town's maintenance burden.
APPROVED by the Danville Planning Commission at a regular meeting on June 23,
2009, by the following vote:
AYES:
NOES:
ABSTAINED: -
ABSENT: Morgan
Antoun, Attwood, Combs, Nichols, Radich, Overcashier, Storer
~7d -/;/./ _/
k/ /--;:;/&/ffi~
,
Chairman
APPROVED AS TO FORM:
Ci~ --c:)
PAGE 7 OF RESOLUTION NO. 2009-21