Loading...
HomeMy WebLinkAbout2008-16 RESOLUTION NO. 2008-016 APPROVING DEVELOPMENT PLAN AND LAND USE PERMIT REQUEST DEV2008-030 ALLOWING THE MODIFICATION AND CONTINUED OPERATION OF A DRIVE- THRU PHARMACY ALONG THE NORTH ELEV A TION OF AN EXISTING BUILDING LOCATED AT 650 SAN RAMON VALLEY BOULEVARD (LONGS DRUGS - APN: 216-070-007) WHEREAS, Longs Drugs has requested approval of Development Plan and Land Use Permit application DEV2008-030 to allow the modification and continued operation of a drive-thru pharmacy and modifications to the existing parking and landscape areas, on a 2.40 + / - acre site; and WHEREAS, the subject site is located at 650 San Ramon Valley Boulevard and is further identified as Assessor's Parcel Number 216-070-007; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan prior to improvements being made on a parcel and a Land Use Permit prior to the operation of a drive-thru facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 8, 2008; and WHEREAS, the project has been found to be Categorically Exempt the California Environmental Quality Act (CEQA) Section 15301; 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 Development Plan and Land Use Permit request DEV2008-030 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings 1. The proposed project will not adversely affect the policy and goals as set by the 2010 General Plan. 2. Traffic congestion will not likely be created by the proposed center or will be obviated by: a. Proper entrances and exits b. Internal provisions for traffic or parking (signage, striping, etc) 3. The development will be an attractive and efficient development, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 4. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. Land Use Permit Findings 1. The proposed land use will not be detrimental to the 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 create a nuisance and\ or enforcement problem within the neighborhood or community. 5. The land use will not encourage marginal development within the neighborhood. PAGE 2 OF RESOLUTION NO. 2008-16 CONDITIONS OF APPROV AL A. GENERAL 1. This approval is for the construction and operation of a drive-thru pharmacy for Longs Drugs Store located at 650 San Ramon Valley Boulevard. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; 1. Preliminary Development Plan, Site Plan, and Architectural Elevations and consisting of four sheets, as prepared by PSM Architects, and dated received by the Planning Division on June 30, 2008. 2. Prior to the issuance of a building permit the applicant shall reimburse the Town for notifying surrounding property owners of the public hearing. The fee shall be $199.30 ($105.00 plus 115 notices X $0.82 per notice x two notices). 3. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of this agency. 4. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 31 x 31 sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and subcontractors working on the job. 5. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/ or the Chief Building Official, around the site during construction of the project. 6. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. PAGE 3 OF RESOLUTION NO. 2008-16 7. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. 8. All physical improvements shall be in place pnor to occupancy of any structure in the project. 9. The applicant shall be required to replace the roof tiles on the building's front elevation to match the tiles that are installed for the remainder of the shopping center (specifically Lucky). Within one year of the building permit final for the Lucky roof (R08-003899) the applicant must apply for a building permits to replace the roof tiles on the Long's building. B. SITE PLANNING 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights-of-way. 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. The drive-thru pharmacy hours of operation are as follows: Weekdays 8:00AM - 9:00PM, Saturdays from 9:00AM-7:00PM, and Sundays from 10:OOAM-6:00PM. C. LANDSCAPING 1. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. PAGE 4 OF RESOLUTION NO. 2008-16 D. ARCHITECTURE 1. Signage used to identify this business operation shall be consistent with the sign regulations contained within the Danville Municipal Code, including regulations pertaining to the display and use of temporary / promotional signage, the use of which is limited to a maximum of 45 days of display each calendar and is restricted to a maximum of fifteen days of continuous display. 2. The applicant shall retain all existing signage identifying the pharmacy. If additional signage is desired, a request must be submitted to the Town for consideration under a separate action. E. STREETS 1. Traffic signs and parking restriction signs, shall be installed by the applicant and are subject to review and approval by the Transportation Division. 2. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. F. 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 Development Plan reVIew process. PAGE 5 OF RESOLUTION NO. 2008-16 APPROVED by the Danville Planning Commission at a regular meeting on July 8, 2008 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Combs, Condie, Morgan, APPROVED AS TO FORM: Chief of {l2Lrr11~ City Attorney l r~ PAGE 6 OF RESOLUTION NO. 2008-16