HomeMy WebLinkAbout2009-39
RESOLUTION NO. 2009-39
DENYING LAND USE PERMIT REQUEST DEV09-0075 TO ALLOW A
PERSONAL SERVICE USE WITHIN A GROUND-FLOOR TENANT
SPACE LOCATED WITHIN DOWNTOWN BUSINESS
DISTRICT AREA 1; OLD TOWN RETAIL
(RAILROAD PROPERTIES)
WHEREAS, RAILROAD PROPERTIES (Owner) and FENG YU (Applicant) have
requested approval of a Land Use Permit request to allow a personal service use (foot
massage) within a 1,700 + / - square foot ground floor tenant space, located in a 7,800
+ / - square foot building on a 17,000+/- square foot lot, that is limited by zoning under
the Town's Downtown Business District Ordinance to retail or restaurant uses; and
WHEREAS, the subject property is located at 100 Railroad Avenue, APN: 199-350-035;
and
WHEREAS, the Town's Downtown Business District Ordinance requires approval of a
land Use Permit prior to allowing a personal service use on the ground-floor within
Downtown Business District Area 1; Old Town Retail; 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 October 27, 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
deny 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 denies Land Use Permit request
DEV09-0075 and makes the following findings in support of this action:
FINDINGS:
1. The location of the tenant space at 100 Railroad Avenue is not located in a
courtyard or otherwise located in a location that is off of a main pedestrian access
corridor. The tenant space fronts Railroad Avenue (a main downtown corridor),
and Linda Mesa, which both include public sidewalks. The tenant space is also
adjacent to the clocktower public parking lot which generates a high level of
activity.
APPROVED by the Danville Planning Commission at a regular meeting on October 27,
2009, by the following vote:
AYES:
NOES:
ABSTAIN: -
ABSENT:
Antoun, Combs, Nichols, Radich
Attwood, Morgan
Overcashier
2d7/d//
, -
Chairman
APPROVED AS TO FORM:
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City Attorney J
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PAGE 2 OF RESOLUTION NO. 2009-39