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Home My WebLink About2012-11RESOLUTION NO.2012-11 APPROVING LAND USE PERMIT REQUEST DEV12-0052 AUTHORIZING THE OPERATION OF A SERVICE COMMERCIAL MARTIAL ARTS SCHOOL AT 519 SAN RAMON VALLEY BOULEVARD WITH OPERATIONAL LIMITATIONS IMPOSED TO LIMIT PARKING DEMAND ON THE PARKING LOT SERVING THE SUBJECT TENANT SPACE DURING PEAK WEEKDAY AND WEEKEND PARKING DEMAND PERIODS WHEREAS, Pedrazzini Enterprises, Inc. (Owners) and Rick Kemsley (Applicant) have requested approval of a Land Use Permit request to allow a service commercial use (i.e., "Tao Sports Taekwondo" - a martial arts school) in a 2,240+/- square foot ground floor tenant space; and WHEREAS, the subject property is located at 519 San Ramon Valley Boulevard (further identified as Assessor's Parcel Numbers 216-043-007 & -023); and WHEREAS, the DBD; Downtown Business District Ordinance requires approval of a Land Use Permit prior to allowing a service commercial use to be established on properties with a DBD; Downtown Business District Area 4 - Resident Serving Commercial zoning designation; 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 November 27, 2012; 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 approves Land Use Permit request DEV12-0052 and makes the following findings in support of this action: FINDINGS OF APPROVAL: 1. The proposed business activity (i.e., martial arts school) is similar in business activity level, hours of operation, parking demand (as regulated by this approval) and neighborhood compatibility to those uses listed as allowed by right uses or listed as allowed upon issuance of a land use permit uses for. the DBD Area 4 zoning district. 2. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 3. The land use will not adversely affect the orderly development of property within the Town. The land use, as conditioned through this land use permit approval, will be consistent with the underlying parking restrictions by serving to limit the level of activity to a comparable level that would be present with allowable restaurant, night club or cocktail lounge tenant occupancies. 4. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 5. The land use, as conditioned through this Land Use Permit, will not adversely affect the policy and goals as set by the Danville 2010 General Plan. 6. The land use, as conditioned through this Land Use Permit, will not create a nuisance or enforcement problem within the neighborhood or community. 7. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL 1. This Land Use Permit authorizes the applicant to occupy 2,240+/- square feet of DBD; Downtown Business District Area 4 Resident Serving Commercial ground - floor space by a service commercial - specifically by a martial arts school use. This business shall abide to operational limitations imposed through these conditions of approval affect both the parking demand generation characteristics of the business activity and the day-to-day business operations of the business so as to assure the proposed tenant occupancy remains consistent with the intent and purpose of the DBD; Downtown Business District Area 4 zoning regulations. PAGE 2 OF RESOLUTION NO.2012-11 2. Operational restrictions are imposed on the business activity through these conditions of approval to assure its parking demand, during peak hour operational periods at the subject property, are substantially consistent with the parking demands that could be reasonably anticipated by an restaurant use in the subject tenant space (i.e., a one parking space per 100 gross square foot numerical parking demand - converting to a 22 parking space demand for the 2,240+/- square foot tenant space). 3. Scheduling of training sessions shall be controlled to limit the number of concurrently scheduled students, instructors, and associated support staff to a maximum of 22 persons for weekday and weekend periods between the hours of 4:00 pm and 10:00 pm. During weekday and weekend periods prior to 4:00 pm, scheduling of training sessions shall be controlled to limit the number of concurrently scheduled students, instructors and associated support staff to a maximum of 30 persons. 4. After two months of occupancy in the subject tenant space, the applicant shall prepare and submit to the Planning Division of the Danville Development Services Department a table summarizing classes provided that details the class day, hour, and length of classes; the maximum number of enrolled students per class; and the number of instructors and support staff present daily by hour. The applicant shall have the responsibility to control the amount of time provided between the start and end of classes so as to provide reasonable control on the number of concurrently present students, instructors, and associated support staff to observe the limitations on Condition of Approval #3 above. 5. Except as specifically modified by these conditions of approval, business operations shall be substantially consistent with the narrative provided by the applicant dated November 3, 2012 and the associated architectural building elevations and floor plans (see Attachment A). Modification to the business operation may be requested by the business operator where such modifications can be determined to be consistent with the business operation restrictions set forth in this approval. Such modifications are subject to Planning Division review and approval prior to implementation. 6. This permit is granted for a period of two years (i.e., until December 6, 2014). Administrative time extensions of the initial approval period may be granted by the Planning Division of the Danville Development Services Department upon determination that the findings of approval continue to be valid for the business operation, with such time extensions being limited to a period of up to five years PAGE 3 OF RESOLUTION NO.2012-11 per extension. If an extension of time for the permit is requested, such request shall be made in writing a minimum of one month prior to end of the initial approval period. The request for extension shall be accompanied by a written compliance report prepared by the business operator and by payment of the then -applicable permit extension processing fee. The report shall indicate the ongoing efforts being taken to satisfy these conditions of approval. In making its determination whether an extension should be granted, the Town shall give particular attention to whether compliance to the limitation of the maximum number of concurrently present students, instructors and associated support staff is being observed and whether scheduling of training sessions is controlled so as to avoid inappropriate burden on the parking facilities serving the subject property. 7. Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use Permit application. 8. Personnel from the Planning and Building Divisions of the Danville Development Services Department have the right to make on -site inspections to assure compliance with these conditions of approval. Where deemed necessary to assure compliance with the intent and requirements of Condition of Approvals #3 and #4 above (control of the number of concurrently present students, instructors and associated support staff), the Planning Division may direct an increase to the amount of time provided between classes. 9. Signage used to identify this business operation shall be consistent with the sign regulations contained within the Danville Municipal Code, including regulations pertaining to the display and use of temporary / promotional signage. The business operation is limited to a maximum of 45 days of temporary / promotional signage display each calendar year and is restricted to a maximum of fifteen days of continuous display. For the initial twelve months of business operation, the business operation may use 60 days of display, without any restriction on length of continuous display (i.e., the fifteen days of continuous display standard does not apply for a new business operation). Any permanent signs associated with the business operation are subject to review and approval by the Planning Division prior to installation. 10. The business operator shall have the responsibility to coordinate all training sessions to assure the limitations on the number of concurrently present students, instructors and associated support staff members, as set forth in Condition of Approvals #2 through #4 above, are consistently observed. Once PAGE 4 OF RESOLUTION NO.2012-11 full operational capacity is reached (i.e., counts for maximum concurrently present students, instructors and associated support staff members is reached), the Town of Danville Planning Division shall have the right to direct the business operator to take additional steps, as determined necessary by the Town, to further control the business operation if the parking demand is determined to overload the onsite parking facilities. 11. The business operator shall maintain a valid business license from the Town of Danville and shall provide documentation that all independent contractors associated with this business operation, if any, are maintaining their own separate business license. 12. The business operator shall continually post, in a conspicuous location within the tenant space, a copy of the Town -issued certificate of occupancy which specifies the approved use of the space and the maximum occupant load established under this land use permit. The certificate shall be updated if subsequent building permits are secured and/or if change to the business operation occurs. 13. Prior to commencing construction activity, the applicant shall obtain all necessary building permits from the Town of Danville Building Division. The existing screen wall extending perpendicularly from the east building elevation and the associated decorative metal fencing shall be removed prior to occupancy of the subject tenant space as part of the tenant improvements. 14. No music shall be used with the training sessions such that it would be audible outside the subject tenant space. 15. The applicant shall reimburse the Town for costs incurred to notify neighboring residents of the public hearing associated with this land use permit request. Reimbursement shall be in the amount of $243.67 ($120.00 plus 149 notices X $0.83 per notice) made payable to the Town of Danville. The notification fee shall be paid prior to issuance of building permits for the subject business operation or prior to initiating business activities approved under this land use permit - whichever occurs first. 16. 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. PAGE 5 OF RESOLUTION NO.2012-11 APPROVED by the Danville Planning Commission at a regular meeting on November 27, 2012, by the following vote: AYES: Attwood, Combs, Graham, Heusler, Morgan, Overcashier, Radich NOES: - ABSTAIN: - ABSENT: - Vow, bNkcAdl-4� Chai Ynan APPROVED AS TO FORM: City Attorney Chi-x of Planning PAGE 6 OF RESOLUTION NO.2012-11