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HomeMy WebLinkAbout93-08 EXHIBIT A RESOLUTION NO. 93-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING VAR 93-06 PROVIDING FOR A PARKING VARIANCE FOR A NIGHTCLUB USE IN THE INTERNATIONAL VILLAGE SHOPPING CENTER WHEREAS, Norman Alumbaugh has requested approval of a parking variance for a 600 occupant load in the International Village Shopping Center; and WHEREAS, the subject site is located at 103 A Town and Country Drive and is identified as Assessor's Parcel Number 208-060-053; and WHEREAS, the Town of Danville [)BI); Downtown Business District Ordinance requires approval of a parking variance for an increase in occupant load; and WHEREAS, the applicant is requesting to combine two tenant spaces with an occupant load of 400 to one tenant space with an occupant load of 600; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 23, 1993; 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 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 Planning Commission of the Town of Danville approves VAR 93-06 per the conditions contained herein, and makes the following findings in support of the parking variance: 1. The proposed project is consistent with the Danville 2005 General Plan. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and Area 7 of the Downtown Business District in which the subject property is located. Because of the following 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: ao The proposed use is an evening use that would not affect the parking needs of other tenants in the center. b. The use is a permitted use in the subject zoning district. This variance is in substantial conformance with the intent and purpose of the Downtown Business District in which the subject property is located since the variance allows for reasonable expansion of a night time use. CONDITIONS OF APPROVAL Except as may be modified by the conditions contained herein, development authorized by this permit shall be substantially as shown on the plans labeled "International Village Shops and Restaurants", dated received by the Planning Division on February 7, 1993. Prior to issuance of a building permit, the applicant shall submit written documentation that the requirements of the San Ramon Valley Fire Protection District and San Ramon Valley Unified School District have been met. Any building construction activity, delivery of construction supplies,' or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the Chief Building Official. The applicant shall pay any and all City and other related fees that the property may be subject to as a result of the proposed development. These fees shall be PAGE 2 RESOLUTION NO. 93-08 10. 11. 12. 13. 14. based on the current fee schedules in effect at the time the building permit is secured. Within one week of the effective date of this permit, the applicant shall submit a check in the amount of $25.00 payable to the Contra Costa County Clerk, to cover costs associated with the filing of the Categorical Exemption with the County. The exterior building materials and colors shall match or be compatible (as determined by the Planning Division) with the existing building if any alterations are required to the exterior are proposed. Roof material shall match that currently utilized on the existing structure. Any change involving exterior colors or materials will require prior review and approval by the Planning Division. A parking variance for a nightclub with an occupant load of up to 600 people in suite 103A in the International Village Shopping Center is approved. All exiting and occupant load calculations for the subject tenant shall be subject to review and approval by the Town Building Division. The subject tenant hours of operation shall be limited to 4:30 p.m. to 2 a.m. and no food shall be prepared on-site and/or served at the establishment except for catered hors d'oeuvres. The establishment shall abide by the Town of Danville's noise ordinance. This parking variance is for the proposed nightclub use only. If this nightclub should go out of business this variance shall expire and the maximum occupant load for the tenant space 103 A & B shall revert to 400 persons. The new tenant shall conform with the sign program established for the center. Planning Staff shall provide the Planning Commission with a 90 day status report after the nightclub has been established. The Conditions of Approval for this application shall be reviewed by the Planning Commission in one year from the opening date of the subject business. Nightclub patrons shall not be permitted to utilize the rear parking area of the center, except for the nightclub valet parking service. Employees of the shopping center are permitted to park in the rear parking area. The area shall be posted in this manner at both entrances. PAGE 3 RESOLUTION NO. 93-08 15. The rear and front parking area shall be partolled by adaquate private security for the subject nightclub. APPROVED by the Danville Planning Commission at a Regular Meeting on February 23, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Jameson, Murphy, Osborn, Vilhauer. ~ich Hunt ~ APPROVED AS TO FORM: ~ney pcmzl I C ng PAGE 4 RESOLUTION NO. 93-08