HomeMy WebLinkAbout2010-08
RESOLUTION NO. 2010-08
APPROVING LAND USE PERMIT REQUEST DEV10-0010
AUTHORIZING AN 18,020 SQUARE FOOT FITNESS FACILITY
IN THE SECOND FLOOR OF THE ROSE GARDEN SHOPPING CENTER
(APN: 207-021-030 - 730 CAMINO RAMON)
WHEREAS, ROSE GARDEN ASSOCIATES DANVILLE LLC (Owners) and LEISURE
SPORTS, INC. (Applicants) have requested approval of Land Use Permit request
DEV10-00l0 to authorize 18,020 square feet of second-floor tenant space in the Rose
Garden Shopping Center to be occupied by a fitness facility; and
WHEREAS, the subject tenant space is identified as Building 730, Suite 200 of the Rose
Garden Shopping Center, identified as Assessor's Parcel Number 207-021-030; and
WHEREAS, the proposed fitness facility use requires the approval of a land use permit
because it is listed as a conditional use in the original project conditions of approval
granted through Preliminary Development Plan/Rezoning requestPUD 2004-05; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on March 30,2010; and
WHEREAS, the modification of the subject tenant space from day spa use to fitness
facility use reflects a project that is exempt from the requirements of the California
Environmental Quality Act (CEQA), Class I, Section 15301; 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 Land Use Permit request DEV10-0010; 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 DEV10-00l0 and authorizes inclusion of the fitness facility use in the
Rose Garden Shopping Center as proposed by the applicant and makes the following
findings in support of this action:
PAGE 1 OF RESOLUTION NO. 2010-08
FINDINGS OF APPROVAL
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 prior to the
issuance of building permits 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 DEV10-0010 involving the
18,020+ / - square foot second-floor tenant space identified as 730 Camino Ramon,
Suite 200 within the Rose Garden Shopping Center. Development shall be
substantially as shown on the project drawings entitled "Leisure Sports, Inc.,"
prepared by Dahlin Group and dated March 15,2010.
2. Off-hour interior lighting levels for the walkway corridor along the building
elevation shall be kept at minimal levels dictated for security considerations.
3. The applicant, in conjunction with the manager of the fitness facility, shall
identify and implement reasonable measures to minimize client-generated
exterior noise associated with client activity on the subject property prior to 8:00
a.m. on weekdays and weekends. This shall include directing clients to park in
the parking lot area west of the tenant space, away from the residential areas to
the east and south, for classes that begin prior to 9:00 a.m.
PAGE 2 OF RESOLUTION NO. 2010-08
4. The applicant shall direct clients and staff to park in the rear (northeastern)
portion of the parking lot behind the subject tenant space during peak use
periods so as to limit the impact on the peak parking demand periods associated
with evening restaurant activity and weekend peak parking demand periods
associated with Navlet's business.
5. Prior to the issuance of building permits for the tenant improvements of the
proposed fitness facility, the applicant shall submit a draft copy of a tenant-
specific parking management agreement for Planning Division review and
approval. The agreement shall be structured to regulate employee parking where
the concurrently present count of employees and clients using the fitness facility
exceeds 100 individuals. The agreement shall identify steps to be implemented,
when such an occupant level is reached, to keep the overall on-site parking
demand for the fitness facility at, or below, 90 parking spaces. The agreement
shall be structured to require the institution of reasonable monitoring measures
to assure the intent and requirements of this approval are met. The agreement
shall document the manner by which fitness facility clients will be advised as to
which on-site parking areas should be used during their visit to the facility. The
agreement 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 fitness facility 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.
6. The business operation shall abide by the Town's sign regulations pertaining to
the use of temporary promotional signs, the use of which is limited to a
maximum of 45 days of display each calendar year (with 60 days authorized for
the calendar year the fitness facility initially opens for business) and is restricted
to a maximum of 15 days of continuous display except for signage used for any
grand opening promotional activities.
7. Outdoor lighting associated with the fitness facility use shall be low glare, shall
be directed on-site, and shall not shine into adjacent properties or cause a
nuisance for passing motorists. Only minimal safety lighting shall be allowed
after regular hours of operation.
8. Within thirty days of the effective date of this approval, the property owner shall
reimburse the Town for notifying surrounding residents and interested parties of
the public hearing for the project. The fee shall be $229.52 (144 notices X $0.83
per notice plus $110.00).
PAGE 3 OF RESOLUTION NO. 2010-08
9. Permanent business identification signage for the subject tenant space shall
comply with the Master Sign Program for the Rose Garden Shopping Center and
is subject to Planning Division review and approval prior to installation.
10. Within 30 days of the second anniversary of this approval (i.e., prior to February
28,2012), the fitness facility shall be subject to review regarding the effectiveness
of the parking management agreement for the facility. Based on the findings of
that review, the Chief of Planning may require changes to the parking
management plan or refer the matter to the Planning Commission.
11. The business operator shall maintain a valid business license from the Town of
Danville. The annual application for the business license shall detail the number
of business employees and, as applicable, shall detail the number of independent
contractors associated with the business activity. The data supplied shall indicate
staffing levels for all hours the business is open to the public, expressed as full-
time equivalent staffing increments.
12. At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with sections 26-2.2022 and 418.1 of the
Danville Municipal Code, including failure to comply with these conditions of
approval if the applicant has caused or permitted any public nuisance in
connection with the use.
APPROVED by the Danville Planning Commission at a regular meeting on March 30,
2010, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
RECUSED:
Antoun, Attwood, Combs, Graham, Morgan, Nichols, Radich
Overcashier
APPROVED AS TO FORM:
(}Z~~ 11. ~
City Attorney )
PAGE 4 OF RESOLUTION NO. 2010-08