HomeMy WebLinkAbout009-95RESOLUTION NO. 9-95
GRANTING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A
LAND USE PERMIT REQUEST LUP 94-13 AND DENYING THE REQUEST TO
OPERATE A RETAIL DRY CLEANING SERVICE WITH A PLANT LOCATED AT 571
SAN RAMON VALLEY BOULEVARD (APN: 208-044-015)
WHEREAS, Kwang Kim has requested approval of a Land Use Permit to operate a
retail dry cleaning operation and plant in a 1,000+ square foot tenant space located in
an existing 4,000+ square foot service/commercial building; and
WHEREAS, the subject site is located on the west side of San Ramon Valley Boulevard,
at 571 San Ramon Valley Boulevard and is further identified as Assessor's Parcel
Number APN: 208-044-015; and
WHEREAS, the Town of Danville Downtown Business District Ordinance (Area 4;
Resident Serving Commercial) requires approval of a Land Use Permit to operate a
retail dry cleaning operation and plant in Area 4 of the Downtown Business District;
and
WHEREAS, the Planning Commission did review and conditionally approve the project
at a noticed public hearing on October 25, 1994; and
WHEREAS, Mrs. G.T. Ryall appealed the Planning Commission's decision by way of
her appeal letter dated November 2, 1994; and
WHEREAS, the Town Council did consider the appeal of the Planning Commission
action at a noticed public hearing on December 6, 1994; and
WHEREAS, after indicating an intent to grant the appeal and deny LUP 94-13, Town
Council directed staff to prepare findings for denial for later consideration and action
by the Town Council; and
WHEREAS, public notice of this action was given in all respects as required by law;
now, therefore, be it
RESOLVED, that the Town Council hereby grants the appeal and denies Land Use
Permit request LUP 94-13 and makes the following findings in support of this action:
The proposed land use will be detrimental to the health, safety and welfare of
the public for the following reasons:
a~
Perchloroethylene is a known hazardous material and its use as a dry
cleaning agent in the dry cleaning process is not appropriate at this
location due to its close proximity to neighboring residential land uses.
PAGE 1 RESOLUTION 9-95
b.
The potential of mishandling hazardous materials and wastes associated
with the dry cleaning process poses an unnecessary risk to adjacent
residential land uses~
.
The land use may adversely affect the preservation of property values and the
protection of the tax base within the Town.
.
The land use may create a nuisance and an enforcement problem within the
neighborhood and communityo
4~
The land use may encourage marginal development within the neighborhood
and the communityo
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
January 17, 1995, by the following vote:
AYES: Greenberg,
NOES: Ritchey
ABSTAINED: None
ABSENT: None
Doyle,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
adpz30
ATTEST:
CITY CLERK
PAGE 2 RESOLUTION 9-95