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HomeMy WebLinkAbout93-04RESOLUTION NO. 93-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 93-1, LAND USE PERMIT LUP 93-1 AND SIGN PERMIT SR 93-1 TO OPERATE A TEMPORARY OUTDOOR NURSERY IN THE EXISTING COSTCO PARKING LOT WHEREAS, Costco Wholesale, Inc. has requested approval to operate a temporary plant nursery in the existing parking lot during the months of March, April and May, 1993 on a 17.8+ acre site; and WHEREAS, the subject site is located on the north side of Fostoria Way, at 3150 Fostoria Way and is identified as Assessor's Parcel Number 218-090-(i)21; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Land Use Permit for a retail plant nursery; and WHEREAS, Condition C.4. of Final Development Plan PUD 87-3 approving the subject Costco Wholesale, Inc. store, prohibits outdoor sales; and WHEREAS, an amendment to Final Development Plan PUD 87-3, and a Land Use Permit is required to conduct outdoor plant sales at the subject site; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on February 23, 1993; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that 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 DP 93-1, Land Use Permit LUP 93-1 and Sign Permit SR 93-1 per the conditions contained herein, and makes the following findings in support of the Development Plan, Land Use Permit and Sign Permit: PAGE 1 OF RESOLUTION NO. 93-04 DEVELOPMENT PLAN: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed development will constitute a commercial environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community. 0 There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. LAND USE PERMIT: The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 0 The land use will not adversely affect the orderly development of property within the Town. 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 General Plan. 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. SIGN PERMIT: The temporary signage is consistent in character with the Town's commercial design guidelines, is compatible with project architecture, and is no larger than necessary for adeqUate identification. ° The temporary signage will serve primarily to identify the business, establishment 'or type of activity conducted on the premises, or the product, service or interest being exhibited or offered for sale, rent or lease on the premises. PAGE 2 OF RESOLUTION NO. 93-04 3. The temporary signage will not excessively compete for the public's attention. The design of the temporary signage will be consistent with professional graphic and structural standards. SIGN EXCEPTION: The proposed exception to allow two temporary banner signs to be displayed on the site for a period of 90 days is not inconsistent with the intent and purpose of the sign regulations. The proposed exception conforms as closely as practicable to sign regulations pertaining to size, number, and location. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior the opening of the plant nursery, Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a temporary outdoor retail plant nursery in the Costco Wholesale, Inc. store identified as APN: 218-090-021. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a° Site plan and "Parking Lot Nursery Layout" as prepared by "Costco Wholesale, Inc., dated received by the Planning Division on January 4, 1992, consisting of two sheets. Sign drawing indicating signage reading "Costco Wholesale Nursery" measuring 3X5 feet, dated received by the Planning divsion on January 4, 1992, consisting of one sheet. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. PAGE 3 OF RESOLUTION NO. 93-04 Bo Co D. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of February 2, 1993. All construction, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the City Engineer. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the Chief Building Official. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way subject to the review and approval of the Chief of Planning. LANDSCAPING All existing parking lot landscaping shall be preserved and maintained. If any parking lot landscaping is damaged during the establishment, operation and removal of the dismantling of the temporary nursery facility, such landscaping shall be replaced in kind. The applicant and staff shall develop a plan for reestablishing damaged or missing landscaping on the western portion of the site. The plan shall indicate the type of plantings, and time schedule for plantings to be reinstalled. PARKING A designated loading/delivery area shall be provided on the north side of the nursery area consistent with Exhibit C (staff study) and subject to the review and approval of Planning gtaff. PAGE 4 OF RESOLUTION NO. 93-04 The applicant shall develop a loading/delivery plan in conjunction with a traffic plan to be reviewed by the Design Review Board. The plan shall include the specific size and configuration of the nursery area. If necessary, the Design Review Board shall refer the proposed plan to the Planning Commission. STREETS The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. The applicant shall keep adjoining parking areas and drive aisles free and clean of project dirt, mud, materials and debris during the assembly, operation and dismantling of the nursery. This development shall be provided with a safe and effective circulation system for pedestrians and vehicles in the parking lot. If it is determined by the Chief of Planning that there are parking lot circulation problems associated with the nursery operation, modifications shall be made subject to the review and approval of the Chief of Planning. 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. MISCELLANEOUS 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. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and PAGE 5 OF RESOLUTION NO. 93-04 assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. This permit allows the temporary operation of a plant nursery from March 6 to June 1, 1993. Future applications for a temporary plant nursery shall require review by' the Planning Commission A maximum of two temporary signs reading "Costco Wholesale Nursery", measuring 3X5, may be mounted directly to the nursery fence. No other signage shall be permitted without a separate sign permit. The .signs shall be removed by June 1, 1993. The applicant shall install temporary wooden signs rather than the proposed canvass signs. All signage shall require review and approval by the Design Review Board prior to installation. Prior to the installation of the kiosk containing cash registers at the nursery, a kiosk design and location plan shall be submitted for review and approval by the Design Review Board. The nursery shall be disassembled, the parking lot asphalt repaired, and any other damage as a result of the nursery operation shall be repaired (or replaced) by June 8, 1993. APPROVE[) by the Danville Planning Commission at a Regular Meeting on February 23, 1993 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Jameson, Murphy, Osborn, Vilhauer, Arnerich / ~// Hunt Chairman pdpz34 ng PAGE 6 OF RESOLUTION NO. 93-04