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HomeMy WebLinkAbout2001-19RESOLUTION NO. 2001-19 LAND USE PERMIT REQUEST LUP 2001-08 MODIFYING AN EXISTING LAND USE PERMIT BY EXTENDING HOURS OF OPERATION FOR THE RETAIL GARDEN CENTER (SLOAT GARDEN CENTER -APN: 196-270-029) WHEREAS, Sloat Garden Center has requested approval of a Land Use Permit request to modify an existing land use permit to extend hours of operation for the retail garden center to 8:00 a.m. to 5:30 p.m., Monday through Sunday, November through March, and 8:00 a.m. to 6:30 p.m., April through October; and WHEREAS, the subject 2.72 +/- acre site is located at 828 Diablo Road, being further identified as Assessor's Parcel Number196-270-029; and WHEREAS, the subject operation was previously governed by a Land Use Permit issued by Contra Costa County on June 28, 1972; and WHEREAS, the Town of Danville has determined that all Land Use Permits shall run with the land and are not subject to expiration unless specified, but can be conditionally approved, or extended; and WHEREAS, the regulations contained within the R-15; Single Family Residential District requires approval of a Land Use Permit prior to the establishment of a nursery use; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 22, 2001; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 2001-08 per the conditions contained herein, and makes the following findings in support of this action: Land Use Permit: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town, as this is an existing facility. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. As modified through and regulated by these project conditions of approval, the land use will not create a nuisance and\or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood, as this is an existing facility. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the initiation of the extended hours of operation. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. The Land Use Permit approval allows for the modification of the previously approved 1972 Land Use Permit (LUP 236-72) establishing the use as a commercial nursery. Except as superceded by this permit, all conditions of approval established under LUP 236-72 and MS 861-91 shall continue to apply. PAGE 2 OF RESOLUTION NO. 2001-19 * 2. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing associated with this proposal. The fee shall be $187.50 (125 notices X $0..75 per notice x two notices). The hours of operation for Sloat Garden Center retail division shall be limited to 8:00 a.m. to 6:30 p.m. Monday through Sunday, effective April through October and 8:00 a.m. to 5:30 p.m. Monday through Sunday, effective November through March. The hours of operation for the topsoil division shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday and 9:00 a.m. to 5:00 p.m. on Sunday, year round. 4. The amplified speaker system shall not be used to page employees and is limited to use for emergencies only. 5. The sale of non-nursery related items at this site is expressly prohibited. 6. Any expansion of retail sales, activities or services at the nursery shall require a new approval of a new Land Use Permit by the Danville Planning Commission. SITE PLANNING All lighting shall be shielded from view from neighbors to the south and installed in such a manner that lighting is generally downward directed and glare is directed away from surrounding properties and rights-of-way. 2. Any additional signage or changes to existing signage shall be subject to review and approval by the Planning Division under a separate sign permit application. 3. All deliveries to the nursery shall be limited to between the hours of 9:00 a.m. and 4:00 p.m. daily. A buffer zone of at minimum one fast growing redwood tree shall be placed between the southern property line and the adjacent parcel (APN: 196-270-019). The exact location of the tree shall be determined, with input from the owner of APN 196-270- 019, subject to review and approval by the Planning Division. MISCELLANEOUS 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Land Use Permit review process. PAGE 3 OF RESOLUTION 2001-19 2. The applicant shall implement a dust control policy subject to review and approval Planning Division. 3. The applicant shall remove the port-o-let to a location that cannot be viewed by adjacent property owners. 4. The northern driveway aisle shall be posted with an entrance only sign the right mm only sign shall be replacedwith an entrance only sign. 5. This application shall be reviewed by the Planning Commission after one year of the effective date of this approval. 6. The applicant shall plant additional shrubs to screen adjacent properties where there are currently open wire fences. 7. Fences on the southern property line shall be repaired as needed. APPROVED by the Danville Planning Commission at a regular meeting on May 22, 2001, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Moran, Storer, Osborn Jameson, Legg APPROVED AS TO FORM: City Attorney F:/planning/applications/LUP/2001/LUP2001-08/PCStaffRepoi~LUP2001-08 doc PAGE 4 OF RESOLUTION 2001-19