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Home My WebLink About2011-02RESOLUTION NO. 2011 -02 APPROVING LAND USE PERMIT REQUEST DEV11 -0005 AND VARIANCE REQUEST VAR11- 0001AUTHORIZING THE OPERATION OF A DOG GROOMING BUSINESS AND DIMENSIONAL PARKING VARIANCE (APN: 208 - 051 -009 - 579 SAN RAMON VALLEY BOULEVARD) WHEREAS, JOHN AND BERTENA GALLAGHER (Owners) and PETER AND BARBARA BIERWITH (Applicants) have requested approval of Land Use Permit request DEV11 -0005 to authorize the operation of a dog grooming business; and WHEREAS, the Downtown Business District Zoning Ordinance requires approval of a Land Use Permit prior to the operation of a dog grooming business, which is listed conditional land use in the Downtown Business District Area 4; and WHEREAS, the applicants have also requested approval of Variance request VAR11- 0001, authorizing a dimensional parking variance to allow a reduced back -out depth for three compact employee parking spaces on the west side of the existing building; and WHEREAS, the Downtown Business District Zoning Ordinance requires approval of a variance to allow for less than the minimum 24'0" back -out depth in the Downtown Zoning District; and WHEREAS, the subject property is identified as 579 San Ramon Valley Boulevard, and further identified as Assessor's Parcel Number 208- 051 -009; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 8, 2011; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Class 1, 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 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 PAGE 1 OF RESOLUTION 2011 -02 RESOLVED that the Planning Commission of the Town of Danville approves Land Use Permit request DEV11 -0005 and Variance request VAR11 -0001 per the conditions contained herein, and makes the following findings in support of this action: Land Use Permit 1. The land use will not be detrimental to the health, safety, and general welfare of the Town as the proposed business is not located on a main street within the central Downtown Business District and is complimentary to other uses on the site. 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 as the development will result in the redevelopment of an outdated property and add value to 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. Variance 1. The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the zoning district in which the subject property is located. The existing parking is inadequate to accommodate a retail tenant. In order for the subject tenant space to be occupied, a dimensional parking variance is required to accommodate all of the parking demand on site. 2. Because of special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and /or located in the same zoning district. The existing parking is inadequate to accommodate a retail tenant. In order for the subject tenant space to be occupied, a dimensional parking variance is required to accommodate all of the parking demand on site. PAGE 2 OF RESOLUTION 2011 -02 3. The variance is in substantial conformance with the intent and purpose of the zoning district in which the subject property is located. All customer parking would meet the minimum parking standard requirements. A dimensional parking variance for a reduced back -out depth would be applicable to three of the five employee parking spaces on the west of the building. CONDITIONS OF APPROVAL 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 the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for Land Use Permit DEV11 -0005 and Variance request VAR11 -0001 allowing the operation of a dog grooming business and allowing a dimensional parking variance on the site located at 579 San Ramon Valley Boulevard. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site plan and floor plan labeled "Danville Paw Spa," as prepared by Blair Barry Architects, consisting of two sheets, dated February 2, 2011 except as modified below: • The new employee parking scheme shown on the second page of the plans, labeled "Tenant Improvement Plan" is not approved. • The parking plan shown on the site plan is approved by this action. b. Final design of the curb along the western property line shall be subject to review and approval by the Planning Division prior to occupancy. PAGE 3 OF RESOLUTION 2011 -02 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 a building permit for the project. 3. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $233.67 ($110.00 plus 149 notices X $0.83 per notice). * 4. Prior to the issuance of a building permit, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire, Protection District (SRVFPD) have been, or will be, met to the satisfaction of these respective agencies. * 5. In the event that subsurface archeological remains are discovered during any construction or pre - construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and /or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. * 6. Construction activity for the interior tenant improvements and site improvements (landscaping, parking modifications, etc.) shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. * 7. All physical improvements shall be in place prior to occupancy of the facility. * 8. 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. PAGE 4 OF RESOLUTION 2011 -02 * 9. 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. * 10. Planning Division sign -off is required prior to final Building Inspection sign -off. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights -of -way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. A restriping plan reflective of the Staff Study dated February 4, 2011, included as Exhibit E of the staff report for this project, shall be included in the building permit submittal for the subject tenant space. The restriping must be completed prior to occupancy of the tenant space. 4. Signage shall be installed to indicate that the five new parking spaces on the west side of the building is restricted for employees only. Final design and wording of the signage shall be subject to review and approval by the Planning Division prior to issuance of a building permit. C. LANDSCAPING * 1. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five -year period of time. * 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall be designed to avoid runoff and overspray. PAGE 5 OF RESOLUTION 2011 -02 * 3. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover or covered with mulch. All proposed ground cover shall be placed so that it fills in within two years. 4. Landscaping material in the new raised curb planter shall be subject to review and approval by the Planning Division prior to occupancy. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. * 2. The street numbers for the 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. 3. Future exterior paint changes to the subject building shall be subject to review and approval by the Design Review Board prior to installation. The property owners (and/or an owner representative) shall submit a diagram which details the proposed color scheme, including paint color and brand and proposed locations. A minimum 3'x3' mock up of the proposed color scheme shall also be painted on the structure for the Town's review. 4. Final details of the trash enclosure shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. Prior to issuance of a building permit, the applicant shall document that all trash/ recycling areas are appropriately sized and located. 5. Any proposed new signage shall be submitted for review and approval by the Planning Division under a separate Sign Review application. E. STREETS * 1. 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. * 2. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete PAGE 6 OF RESOLUTION 2011 -02 washing is expressly prohibited. * 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. * 4. All improvements within the public right -of -way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up -to -date title report for the subject property. * 5. The project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. F. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. * 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. PAGE 7 OF RESOLUTION 2011 -02 5. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street. 6. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS 1. At the six month and one year anniversary of the initiation of the operation, the business shall be subject to review by the Town regarding the effectiveness of the employee parking and new restriping plan. Should the review determine that the parking provided not be adequate for the uses, the Chief of Planning may require changes to the business operations which may include but are not limited to; restrictions on the allowable number of concurrently present employees and /or clients, restrictions regarding drop -in services (requirement to operate as an "appointment only" business). The Chief of Planning may also refer the matter to the Planning Commission for action. 2. The business operator, in conjunction with the property owner of the subject commercial property, shall be responsible for keeping the exterior area adjoining and surrounding the subject tenant space clear of litter and debris. 3. 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. 4. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan and/or Land Use Permit review process. PAGE 8 OF RESOLUTION 2011 -02 APPROVED by the Danville Planning Commission at a regular meeting on February 8, 2011, by the following vote: AYES: Attwood, Combs, Graham, Overcashier, Nichols. Radich NOES: - ABSTAINED: ABSENT: Morgan APPROVED AS TO FORM: LJ- 1 City Attorney Chief of Planning PAGE 9 OF RESOLUTION 2011 -02