HomeMy WebLinkAbout93-33RESOLUTION NO. 93-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DENYING A DEVELOPMENT PLAN, LAND USE PERMIT, VARIANCE AND MASTER
SIGN PROGRAM (DP 92-17, LUP 92-31, VAR 92-41 & SR 92-28) FOR
CONSTRUCTION AND OPERATION OF A 2,900+ SQUARE FOOT RESTAURANT
WITH DRIVE-THRU SERVICE AND OUTDOOR SEATING, AND REDESIGN OF
DANVILLE SQUARE SHOPPING CENTER PARKING AREA LOCATED AT
DANVILLE SQUARE SHOPPING CENTER
(APN: 199-330-041, 043, 044, 045, 020, & 024)
WHEREAS, Danville Square, Inc. and McDonald's Corporation have requested approval
of a Development Plan, Land Use Permit, Variance, Master Sign Program, authorization
to redesign Danville Square Shopping Center parking area, and authorization to construct
a 2,900+ square foot restaurant with drive-thru service and outdoor seating on a 38,075+__
square foot site; and
WHEREAS, the subject site is located at the southwest corner of Railroad Avenue and Love
Lane at the Danville Square Shopping Center, further identified as Assessor's Parcel
Numbers 199-330-041,043, 044, 045, 020, & 024; and
WHEREAS, the Town of Danville Downtown Business District Ordinance, DBD - Area 4:
Resident Serving Commercial, requires approval of a Development Plan, Land Use Permit,
Variance and Master Sign program to allow the proposed development of this site; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on July 27, 1993 and at a continued public hearing on August 26, 1993; 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 Planning Commission adopt
a Mitigated Negative Declaration of Environmental Significance and approve the
Development Plan, Land Use Permit, Variance and Master Sign Program request; and
WHEREAS, Danville Square, Inc., along with McDonald's Corporation, and the Danville
Community Development Agency (CDA) executed a Real Estate Purchase and Sale
Agreement on March 18, 1992 (authorized by CDA Resolution No. 1-92) which, in part,
addressed the terms and conditions under which this site could be developed; and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the subject request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
I
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of
Danville denies the Development Plan, Land Use Permit, Variance and Master Sign
Program requests (DP 92-17, LUP 92-31, VAR 92-41 & SR 92-28) and makes the following
findings in support of this denial:
Proposed mitigation measures addressing traffic impacts in the vicinity of the
proposed restaurant will not adequately mitigate associated traffic impacts.
Proposed modifications to the internal circulation system of the existing Danville
Square Shopping Center parking lot do not adequately address traffic impacts
resulting from the proposed restaurant use.
Proposed traffic mitigation measures do not reduce identified environmental
impacts to a less than significant level.
APPROVED by the Danville Planning Commission at a Regular Meeting held on Tuesday,
September 14, 1993 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED AS TO FORM:
CITY ATTORNEY
CHIEF ING