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HomeMy WebLinkAbout95-17 EXHIBIT A RESOLUTION NO. 95-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A LAND USE PERMIT (LUP 95-11) TO ALLOW A RETAIL PIANO SALES AT THE LIVERY & MERCANTILE SHOPPING CENTER AT 101 SYCAMORE VALLEY ROAD WEST, #103 (APN: 208-540-012) WHEREAS, R. Kassman Piano has requested approval of a Land Use Permit to operate a retail piano establishment at the Livery & Mercantile Shopping Center (101 Sycamore Valley Road West, #103); and WHEREAS, the subject site is located in an existing pad building located at the southwest corner of Sycamore Valley Road West and San Ramon Valley Boulevard and is identified as Assessor's Parcel Number APN: 208-540-012; and WHEREAS, the Town of Danville Downtown Business District Ordinance; Area 6: Business and Professional Offices requires approval of a Land Use Permit for uses not specifically permitted or conditionally permitted in Area 6 to be authorized by the Planning Commission on a case-by-case basis; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 23, 1995; 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 the Land Use Permit per the conditions contained herein, and makes the following findings in support of the Land Use Permit: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed piano business is consistent with the intent and purpose of zoning requirements listed in the Downtown Business Ordinance; Area 6: Business and Professional Office District. The location, size and design of the subject pad building is well suited for retail piano sales. PAGE 1 OF RESOLUTION NO. 95-17 The amount of traffic generated by the proposed retail piano sales establishment is equal to or less than adjacent business and professional offices in the shopping center° o The amount of parking required for retail stores handling bulky merchandise (one space per 500 square feet) is one-half the parking requirement for Service and Professional Office (one space per 225 square feet) which are listed as permitted uses in the Downtown Business District Ordinance; Area 6: Business and Professional Offices. 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. CONDITIONS OF APPROVAL This land use permit authorizes retail sales of pianos in a 3,200+/- square foot tenant space located at 101 Sycamore Valley Road West, #103. This land use permit also authorizes the expansion of piano sales activity into the adjacent 1,658 +/- square foot tenant space located within the same pad building. 2. A maximum of eight piano lessons per day are permitted. 3. Piano deliveries trucks shall utilize the southeastern entrance to the building. All signage shall conform to the master sign program for the Livery & Mercantile Shopping Center. APPROVED by the Danville Planning Commission at a Regular Meeting on May 23, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Bowlby, Hunt, Jameson, Moran, Murphy, Osborn APPROVED AS TO FORM: C~t~ ~tt-o~ney ~ ' pdpz73 Chief of PI~~'~ PAGE 2 OF RESOLUTION NO. 95-17 II