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HomeMy WebLinkAbout2000-13 EXHIBIT A RESOLUTION NO. 00-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 00-09 ALLOWING THE INDOOR SALES OF AUTOMOBILES AND SPECIALIZED AUTOMOBILE ACCESSORIES AND THE OUTDOOR DISPLAY AND SALES OF A MAXIMUM OF EIGHT AUTOMOBILES (APN: 208-044-017) WHEREAS, Bob and Suzie Hill have requested approval of a Land Use Permit to allow the indoor sale of automobiles and specialized automobile accessories and the outdoor display and sales of a maximum of eight automobiles on a .36 +/- acre site; and WHEREAS, the subject site is located on the southwest comer of San Ramon Valley Boulevard and Estates Drive, at 551 San Ramon Valley Boulevard and is further identified as Assessor's Parcel Number 208-044-017; and WHEREAS, the Town of Danville Downtown Business District 4: Residential Serving Commercial Zoning District require approval of a Land Use Permit prior to the initiation of automobile sales; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 11, 2000; and WHEREAS, the project has been found Categorically Exempt from the Califomia Environmental Quality Act (CEQA), Section 15303; 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 Planning Commission of the Town of Danville approves Land Use Permit request LUP 00-09 subject to the conditions contained herein, and makes the following findings in support of this action: FINDINGS The proposed use of indoor and outdoor sales of automobiles will not be detrimental to the health, safety, and general welfare of the Town of Danville because the placement of the automobiles would be setback from the comer to allow for the required minimum sight distance triangle for the intersection of San Ramon Valley Boulevard and Estates Drive and the proposed use is a less intensive use than traditional retail. The land use will not adversely affect the orderly development of property within the Town of Danville because this is an existing business. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community because the Town has the ability to regulate the project through the approved conditions of approval. The land use will not encourage marginal development within the neighborhood because the site is developed. CONDITIONS OF APPROVAL A. GENERAL This approval allows the indoor sales of no more than four automobiles and specialized automobile accessories and the outdoor sales of a maximum of eight automobiles to be displayed for sale. A maximum of two automobiles may be located along the east elevation in the parking stalls along San Ramon Valley Boulevard and a maximum of six automobiles may be located along the north elevation along Estates Drive. The business is identified as Danville Auto Sales. This property is located at 551 San Ramon Valley Boulevard. The authorized land use shall be as shown on the site plan labeled "Exhibit D, Staff Study," and as established by the conditions of approval contained herein. The project site contains 21 parking spaces. Two of the spaces, along the west property line adjacent to Estates Drive, shall remain designated for the equipment rental business conducted in the rear portion of the property. The remaining 19 spaces shall be used for the approved auto and accessories business. The square footage for the proposed use is PAGE 2 OF RESOLUTION NO. 00-13 , 4,000 +/- square feet. The sale of automobiles requires 1 parking space per 500 square feet of floor area. A minimum of 2,750 +/- square feet of the interior building floor space shall be automobile sales (2,750 square feet divided by 500 square feet = 5.5 (6) parking spaces required). The retail portion of the business shall be limited to a maximum of 1,250 +/- square feet, and the parking calculation for a retail use shall apply (1 space per 250 square feet of floor area) (1,250 square feet divided by 250 square feet of floor area = 5 parking spaces). Combined, the retail and automobile sales use creates a demand for 11 parking spaces, resulting in a surplus of 8 parking spaces (19 available spaces minus a demand of 11 spaces). Therefore, the outdoor sales of automobiles shall not exceed a maximum of 8 spaces at any given time. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents. The fee shall be $235.50 (157 notices X 2 notices X $0.75 per notice). The applicant shall pay or be subject to any and all applicable Town and other related fees. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. No automobile shall be displayed on the northeast comer of the site. This area shall include only landscaped pots as identified in condition C. 1. below. The landscape pots shall be placed to prevent cars parking in this area, subject to review and approval by the Planning Division. No automobiles associated with this use shall be stored in the fenced enclosure at the west side (rear) portion of the site. Automobiles to be sold shall be located in designated parking spaces along Estates Drive and San Ramon Valley Boulevard (2 spaces along San Ramon Valley Boulevard and 6 spaces along Estates Drive) as depicted in Exhibit D, labeled Staff Study. The hours of operation for the business shall be limited to the hours between 8:00 a.m. and 10:00 p.m. This shall include any individual appointments for viewing "for-sale" automobiles. Signage indicating that individual automobiles are for sale shall be limited to use of 12" x 12" place cards, one maximum for each automobile, to be installed in the side window of each automobile. PAGE 3 OF RESOLUTION NO. 00-13 9. Proof of sufficient automobile liability insurance shall be submitted to the Town' s Planning Division prior to the establishment of the land use. 10. No additional advertising paraphemalia, such as, but not limited to, balloons, banners, flags, flag poles, decorative lights, etc. shall be allowed on the project site. SITE PLANNING Although no new lighting is proposed in association with this permit, any future new proposed lighting on the site shall be installed in such a manner that glare is directed away from surrounding properties and right of ways, and shall be submitted for review and approval by the Town prior to installation. LANDSCAPING A minimum of four oversized landscape pots (comparable to a 24" boxed specimen), shall be established and maintained at the comer of Estates Drive and San Ramon Valley Boulevard. The size of the pots, their location and the selection of planting materials utilized, shall be subject to review and approval by the Planning Division. ARCHITECTURE The buildings shall be painted with "KM 219 Pueblo Gray" for the body and "WS26 Cathedral City" for the trim (Manufacturer Kelly Moore), as approved by the Planning Division. The buildings shall be painted prior to the implementation of this Land Use Permit. Minor future modifications to the architecture may be approved by the Design Review Board under a separate Development Plan Application. Major architectural changes to the building and project site, shall be required to be reviewed by the Design Review Board prior to returning to the Planning Commission for final review and approval~ All trash and refuse for the site shall be contained within an existing enclosure along the north side yard of the property between the two existing buildings~ Prior to the initiation of the land use, the applicant shall replace the existing wood fence in this location with a new 6-foot high solid wood fence with a self closing and self latching gate. PAGE 4 OF RESOLUTION NO, 00-13 A 6' high wood privacy fence shall be installed along the west property line and shall be constructed in compliance with the Town's Single Family Ordinance (pertaining to setbacks and height restrictions from Estates Drive). The street number of the building shall be posted so as to be easily seen from the street at all times, day and night. Proposed signage for the property shall be proposed consistent with the Town's Sign Ordinance, and shall be submitted to the Planning Division for review and approval prior to installation of any signs. E. MISCELLANEOUS This permit authorizes the indoor and outdoor storage and display of automobiles, the retail sale of specialized accessories and parts for wholesale, broker, and retail purchase, by the applicant for this permit only. This permit is transferable to a future property owner provided the use does not cease for a period of six months. The property owner, shall be responsible for keeping the outdoor parking area and associated landscaped area clear of litter and debris. This responsibility shall include the obligation to clean the paving area impacted by the outdoor sale of automobiles (with said cleaning to include steam cleaning of the paving area done on a quarterly basis, if deemed necessary by the Town). , No automobiles shall be test driven on the residential streets west of San Ramon Valley Boulevard. This Land Use Permit is revocable for cause, including non~compliance with these conditions of approval or the creation of a nuisance associated with the land use. This Land Use Permit shall be valid for a period of one-year from the approval date. The land use permit may be extended on a two-year increment basis by the Chief of Planning upon verification that the land use continues to be compatible with surroundings and does not create a nuisance. PAGE 5 OF RESOLUTION NO. 00-13 APPROVED by the Danville Planning Commission at a Regular Meeting on April 11, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Rapp, Moran, Jameson, Osborn and Combs Hunt Graham Chairman APPROVED AS TO FORM: City Attorney ~ Chief of "' f:\plarming\applieationXLUP~2000YLUP00-09~PC StaffReport.doc PAGE 6 OF RESOLUTION NO. 00-13