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HomeMy WebLinkAbout94-31EXHIBIT A RESOLUTION NO. 94-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A LAND USE PERMIT TO OPERATE A RETAIL DRY CLEANING OPERATION ~AND PLANT AT 571 SAN RAMON VALLEY BOULEVARD WHEREAS, Kwang Ki~5 has requested approval of a Land Use Permit to operate a retail dry cleaning operation and plant in a 1,000+ square foot tenant space located in an existing 4,000+ square foot service/commercial building; and WHEREAS, the subject site is located on the west side of San Ramon Valley Boulevard, at 571 San Ramon Valley Boulevard and is identified as Assessor's Parcel Number APN: 208-044-015; and WHEREAS, the Town of Danville Downtown Business District Ordinance (Area 4; Resident Serving Commercial) requires approval of a Land Use Permit to operate a retail dry cleaning operation and plant in Area 4 of the Downtown Business District; and WHERF~S, the Plannin;g Commission did review the project at a noticed public bearing on October 25, 1994; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERF~S, a staff report was submitted recommending that the Planning Commission adopt a Mitigated Negative Declaration of Environmental Significance and approve the Land Use Permit request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFOREi'BE IT RESOLVED THAT the Planning Commission of the Town of Danville adopts a~ Mitigated Negative Declaration of Environmental Significance and approves the Land lJ~e: Permit request (LUP 94-13) per the conditions contained herein, and makes the following findings in support of the Land Use Permit: PAGE 1 RESOLUTION NO. 94-31 The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. The proposed development is consistent with the General Plan and the Downtown Master Plan. The developmenr~ will be an attractive and efficient center which will fit harmoniously.linto and will have no adverse effects upon the adjacent or surrounding dev~elopment. There is no e~dence 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 a dry cleaning plant located at 571 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; Site Plan for Dry Cleaning Plant located at 571 San Ramon Valley Boulevard at the "Jack Looney Center." The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall PAGE 2 RESOLUTION NO. 94-31 be paid, prior to issuance of said permit. Notice should be taken specifically of the Town's Building Permit Plan Checking and Inspection fees. Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD), Bay Area Air Quality Management District and Contra Costa County Environmental Health Department - Environmental Health Division have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated October 17, 1994. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the. Project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shhll be $25.00. Construction activity 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 construcuon activity and the Chief Building Official for building construction activity. The applicant shall require their 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. All ligh~hg shall be installed in such a manner that lighting is generally down-dfrected and glare is directed away from surrounding properties and rights:of-way. No equiPment associated with the dry cleaners shall be stored on the exterior :' ~f the tenant space. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. Enclosure design shall include PAGE 3 RESOLUTION NO. 94-31 10. 11. 12. 13. 14. 15. 16. 17. slx foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. The trash enclosure design is subject to review and approval of Planning staff prioE .to issuance of building permits. The trash dumpster shall be stored ih'/t trash enclosure at the rear of the site at all times with the exception of trash pickup days. A new gate should be installed to screen the rear storage area. This gate shall be closed at all times unless access is required to the rear of the site. ' The plainer located adjacent to the tenant space shall be repaired subject to Planning staff review and approval prior to occupancy of the tenant space. A comprehensive sign program shall be submitted to the Town for consideration under a separate application. All parkitig spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overha~g of automobiles. No building permits shall be issued until the plant operator secures an Authority to Construct and Permit to Operate from Bay Area Air QualitY Management District (BAAQMD). The plant shall be operated in strict COmpliance with BAAQMD requirements. Prior to operation of the plant, the operator shall secure a Permit to Operate from Contra Costa County Hazardous Materials Division. The plant shall be operated in strict compliance with such regulations at all times. The applicant is required to comply with the County Hazardous Waste Generator Program. The facility operator shall be required to submit a chemical inventory, establish a hazardous materials emergency response plan and develop an employee training program. Such facilities shall be inspected by the County at least once every yea~: VaporS g~herated by the dry cleaning process shall be passed through a PAGE 4 RESOLUTION NO. 94-31 18. 19. 20. 21. 22. 23. 24. recovery/scrubber system within the dry cleaning machine. Byproducts of the dry cleaning process: including sludge, filters and water shall be handled by a certified hazardous waste hauler in conformance with Bay Area Air Quality Management District and Contra Costa County Environmental Health Division. If operation of the dry cleaning facility violates any Conditions of Approval of the Town, Bay Area Air Quality Management District and Contra Costa County Environmental Health Division, the Land Use Permit is subject to revocation. Pursuant tO Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Land Use Permit application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceed':~ng and cooperate fully in the defense. All wast~'~ products generated by the dry cleaning process shall be stored inside the facility until it is picked up by a certified waste hauler. All storage of waste materials shall be in conformance with all requirements of Bay Area Air Quality Management District and Contra Costa County Environmental Health Division. Planning staff shall review the operation of the cleaning plant, including the hours of operation, within six months after its establishment. If staff determih~ that hours of operation or any other aspect of the operation of the plant is creating a nuisance to surrounding property owners, staff will refer the matter to the Planning Commission to consider revisions to Conditibng of Approval. Access shall be maintained to the rear of the site at all times for emergency vehicles. The property owner shall file a Development Plan application for the accessor~y structure located at the rear of the subject site. The PAGE 5 RESOLUTION NO. 94-31 Development Plan shall be processed administratively and staff shall be directed to review the total condition of the property as a part of that review. APPROVED by the Danville Planning Commission at a Regular Meeting on October 25, 1994, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: ,,ii, I( ;, Arnerich, Hunt, Murphy, Osbom Bowlby Jameson, Vilhauer 't'/~ ~ ,~ Chief df Planning pdpz61 PAGE 6 RESOLUTION NO. 94-31