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HomeMy WebLinkAbout98-17EXHIBIT A RESOLUTION NO. 98-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 97-26 - TASSAJARA NURSERY LOCATED AT 2550 CAMINO TASSAJARA (APN: 217-010-008) - TASSAJARA NURSERY WHEREAS, Kunitoshi Akabane has requested approval of LUP 97-26, to allow the indefinite extension of a previously approved Land Use Permit to operate a landscape nursery; and WHEREAS, the subject 5.5 +/- acre site is located at 2550 Camino Tassajara and is further identified as Assessor's Parcel Number 217-010-008; and WHEREAS, the subject operation was previously governed by a Land Use Permit issued by Contra Costa County on September 27, 1977 that extended for 20 years and has now expired; and WHEREAS, the Town of Danville has determined that all Land Use Permits shall run with the land and are not subject to expiration, but can be conditionally approved, or extended; and WHEREAS, the Planning Commission did review the Land Use Permit extension request at a noticed public hearing on April 14, 1998; 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 the Planning Commission of the Town of Danville approves Land Use Permit request LUP 97-26 per the conditions contained herein, and makes the following findings in support of the project: Land Use Permit 1. Continuation of the existing land use will not be detrimental to the to the health, safety, PAGE I OF RESOLUTION NO. 98-12 and general welfare of the Town. Continuation of the existing land use will not adversely affect the orderly development of property within the Town. Continuation of the existing land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. Continuation of the existing land use will not adversely affect the policy and goals as set by the General Plan. Continuation of the existing land use will not create a nuisance andNor enforcement problem within the neighborhood or community. Continuation of the existing land use will not encourage marginal development within the neighborhood. There are special conditions or unique characteristics of the subject property and its location and surroundings since the landscape nursery business has been established at the subject site for over 20 years and has been governed by a Land Use Permit issued by Contra Costa County (#2091-77). The Town is not aware of any nuisance which has been associated with this land use. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. This approval allows the continued operation of the existing Tassajara Nursery business as governed by the previously approved Conditions of Approval for Permit No. 2091 ~77 which were approved by Contra Costa County on September 27, 1977 and are hereby adopted by reference, except as may be modified by the following Conditions of Approval. Condition of Approval 7 .A. of Contra Costa County Permit No. 2091-77 shall be replaced with the following: At the applicant's option, the applicant may install frontage improvements along Camino Tassajara including sidewalk, irrigation and landscaping in conformance with PAGE 2 OF RESOLUTION NO. 98-12 Town standards. The work may be completed in phases. The phasing plan shall be subject to review and approval by the Chief of Planning. If the applicant proceeds with landscape frontage improvements, the improvements shall include the following: All planned plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance ~91-14 and shall be operated to avoid runoff and overspray. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). If construction is underway during the rainy season, the use of sediment traps and other devices shall be used to minimize erosion. All landscaping shall be properly maintained and kept in a healthy growing condition. The landscape nursery operation includes stockpiles of debris, soil, sand, rock or other materials. Stockpiles that can be blown by the wind shall be covered. The Tassaj ara Nursery business actively participates in the use of Integrated Pest Management (IPM) Practices as a part of the maintenance and operation of the existing landscape nursery business. The existing operation also promotes the sale of environmentally safe products as an alternative to using pesticides and herbicides. In order to ensure that Best Management Practices for Stormwater Pollution Control are being implemented for the landscape nursery business in the future, at a minimum, the existing IPM practices and product promotion shall be kept current with technology and continue through the duration of this permit. The term of this Land Use Permit is 20 years and shall be reviewed by the Chief of Planning every five years. At that time, ifthe ChiefofPlanning determines that the Conditions of Approval for the project need to be reviewed and/or modified, the application may be referred for review by the Planning Commission. Within 60 days, the applicant shall provide the Town Planning Division an up- PAGE 3 OF RESOLUTION NO. 98-12 to-date site plan for the site including (but not limited to): property lines, roads, easements, buildings, storage areas, trash areas, activity areas, hardscape, landscape, drainage, and signs are located. The site shall be kept free and clear of debris. The trash and recycling area shall be screened from public view with landscaping at all times. All hazardous materials shall be stored separately from the trash area and disposed of properly. If the trash area becomes a visual nuisance, as determined by the Chief of Planning, the applicant shall be required to enclose the trash receptacles with a wood fence and steel framed gate that is architecturally compatible with the main building. The final design of the structure shall be subject to review and approval by the Planning Division. All signage for the property shall conform with the Town of Danville sign ordinance. 10, Exterior lighting shall be non-glare and down-directed away from abutting properties. 11. The operation of the nursery shall conform with the Town' s noise ordinance, including any future amendments put into effect during the life of this permit. All storm drains shall be kept free ofpollutants including sediment, fertilizers and pesticides/herbicides. 13. The applicant shall cooperate with adjacent property owners to solve common drainage problems to the satisfaction of the Town of Danville and all property owners involved. APPROVED by the Danville Plm~ning Commission at a Regular Meeting on April 14, 1998 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Bowlby, Combs, Jameson, Osborn, Rapp Hunt, Moran ~~//~/~ Chairman APPROVED AS TO FORM: City Attorney Chief of Pia~ PAGE 4 OF RESOLUTION NO. 98-12