Loading...
HomeMy WebLinkAbout2006-16 RESOLUTION NO. 2006-16 APPROVING LAND USE PERMIT REQUEST LUP 2006-12 AUTHORIZING AN 18,020 SQUARE FOOT SECOND-STORY TENANT OCCUPANCY IN BUILDING 3AB OF THE NA VLET'S GARDEN CENTER/ROSE GARDEN SHOPPING CENTER BY BURKE WILLIAMS DAY SPA PERSONAL SERVICE USE (APN: 207-021-010;-011; & -021- 800 CAMINO RAMON) WHEREAS, NA VLET'S GARDEN CENTERS, INC., BLAKE HUNT VENTURES and CASTLE COMPANIES (Owners and Applicants) have requested approval of Land Use Permit request 2006-12 to authorize 18,020 square feet of second-story tenant space in Building 3AB of the Navlet's Garden Center/Rose Garden Shopping Center to be occupied by a day spa; and WHEREAS, the subject site is the northern 7.3+/- acre portion of the Navlet's Garden Center property located at southeast comer of the intersection of Sycamore Valley Road and Camino Ramon and is further identified as Assessor's Parcel Numbers 207-021-010; -011; & -021; and WHEREAS, the proposed day spa use project requires the approval of a land use permit as the change of the subject tenant space from the originally envisioned use (i.e., office use) to the proposed day spa use represents a substantial modification to the underlying land use entitlement granted through the Town of Danville's approval of Preliminary Development Plan/Rezoning request PUD 2004-05; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 11, 2006; and WHEREAS, the modification of the subject tenant space from office use to day spa use reflects a project that is 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 Land Use Permit request LUP 2006-12; and PAGE 1 OF RESOLUTION NO. 2006-16 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 RESOL VED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2006-12 and authorizes inclusion of the day spa use in the Navlet's/Rose Garden project as proposed by the applicants and makes the following findings in support of this action: FINDINGS OF APPROVAL 1. The proposed land use activity will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. 3. 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 general plan policies and goals as set forth by the Danville 2010 General Plan. 5. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood, because the use is temporary. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. 1. This approval is for Land Use Permit request LUP 2006-12 involving the 18,020+ / - square foot tenant space to be developed as a second-story tenant space in Building 3AB of the Navlet's/Rose Garden project, located at 800 Camino Ramon. Development shall be substantially as shown on the project drawings entitled "Burke Williams Spa," prepared by Louis H. Felthouse Arhitect, Inc., and dated November 3, 2005. PAGE 2 OF RESOLUTION NO. 2006-16 2. This entitlement assumes that 80 of the 368 parking spaces to be developed for the Navlet's/Rose Garden Shopping Center will generally be open and available for use by the Burke Williams Day Spa. The 80-space count reflects the numerical parking standard that would apply is the subject tenant space was developed for office uses (i.e., one parking space for each 225 square feet) . 3. The manner used to modify windows along the eastern elevation of this second-story space is subject to review and approval by the Planning Division. Off-hour interior lighting levels for the walkway corridor proposed along this building elevation shall kept to minimal levels dictated for security considerations. 4. A minimum of 45 days prior to the issuance of building permits for the tenant improvements of the proposed day spa tenant occupancy, the applicant shall submit a draft copy of a tenant-specific parking management agreement for Planning Division review and approval. The agreement shall be structured to regulate employee parking where the total simultaneous count of employees and clients using the day spa exceeds 90 individuals. The agreement shall identify steps to be implemented, when such an occupant level is reached, to keep the overall on-site parking demand for the day spa at, or below, 80 parking spaces. The agreement shall be structured to require institution of reasonable monitoring measures to assure the intent and requirements of this approval are met. The agreement shall document the manner by which day spa clients will be advised as to which on-site parking areas should be used during their visit to the day spa. The agreement shall incorporate appropriate authorization to allow the Town to require applicant implementation of alternate and/or supplemental parking impact mitigation measures to assure the operation of the day spa does not adversely impact the operation of the shopping center in terms of the availability and distribution of on-site parking. At the discretion of the Chief of Planning, the draft agreement, as well as any subsequent amendments to the agreement, may be referred to the Planning Commission for consideration and action. 5. Temporary promotional signage utilized to advertise the day spa use shall not be placed more than fifteen feet above the adjoining walkway areas, unless specifically authorized in advance by the Planning Division through the Temporary /Promotional Sign Permit process. No off-site signs, including banners or "A-frame" signs, shall be used to advertise the day spa activity. PAGE 3 OF RESOLUTION NO. 2006-16 6. Outdoor lighting associated with the day spa use shall be low glare, shall be directed on-site, and shall not shine into adjacent properties or cause a nuisance for passing motorists. Only minimal safety lighting shall be allowed after regular hours of operation. 7. The applicant, in conjunction with the manager of the day spa facility, shall identify and implement reasonable measures to minimize client-generated exterior noise associated with client activity on the subject property prior to 8:00 a.m. on weekdays and weekends. 8. This permit is revocable for cause as established by Section 30-4.11 of the Danville Municipal Code. APPROVED by the Danville Planning Commission at a regular meeting on July 11, 2006, by the following vote: A YES: NOES: ABSTAINED: ABSENT: RECUSED: - Combs, Condie, Morgan, Storer - Graham, Moran, Osborn - Nichols ~ Chairman APPROVED AS TO FORM: ~{J,'--- / City Attorney PAGE 4 OF RESOLUTION NO. 2006-16