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HomeMy WebLinkAbout2004-18RESOLUTION NO. 2004-18 APPROVING DEVELOPMENT PLAN REQUEST DP 2003-29 AND LAND USE PERMIT REQUEST 2003-23 TO ALLOW THE CONSTRUCTION AND OPERATION OF A DRIVE-THRU PHARMACY ALONG THE NORTH ELEVATION OF AN EXISTING BUILDING (APN: 216-070-007 - 650 SAN RAMON VALLEY BOULEVARD) WHEREAS, Longs Drugs have requested approval of Development Plan DP 2003-29 and Land Use Permit LUP 2003-23 to allow the construction and 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 require approval of a Development Plan prior to improvements being made on a parcel; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 27, 2004; 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 taw; 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 approve Development Plan request DP 2003-29 and Land Use Permit request LUP 2003-23 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS Development Plan The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. o The proposed development is consistent with the General Plan and the Downtown Master Plan. Traffic congestion will not likely be created by the proposed center or will be obviated by: ao presently projected projects; proper entrances and exits; internal provisions for traffic or parking; parking plans and agreements. 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. The proposal will not be detrimental to the health, safety, and general welfare of the Town. Land Use Permit The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. 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 2010 General Plan. The land use will not create a nuisance and~or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood PAGE 2 OF RESOLUTION NO. 2004-18 CONDITIONS OF APPROVAL A. GENERAL * 4. 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; Preliminary Development Plan, Site Plan, Architectural Elevations and Preliminary Landscape Plans consisting of four sheets, as prepared by PSM Architects, and dated received by the Planning Division on June 3, 2004. 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 $136.50 (91 notices X $0.75 per notice x two notices). Prior to the issuance of grading or building permits, the applicant shah 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. 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 3' x 3' 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 sub- contractors working on the job. 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. 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 PAGE 3 OF RESOLUTION NO. 2004-18 residences as feasible. o 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. Ail physical improvements shall be in place prior to occupancy of any structure in the project. 10. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 11. The applicant shall be required to replace the roof tiles on the building's front elevation to match the tiles that. may be approved and installed for the remainder of the shopping center. Installation shall take place at the future time that the tiles for the rest of the shopping center are replaced. To ihsure the future installation, prior to issuance of a building permit, the applicant shall post a cash security with the Town, or other security found to be acceptable to the Town, in the amount of the estimated construction cost of the roof replacement plus 10 percent. This security shall be held by the Town of Danville for a period of three years or until improvements are installed, whichever is first. A general estimate for the roof replacement for this section of the shopping center facade shall be determined by the Town of Danville. 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. o 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. PAGE 4 OF RESOLUTION NO. 2004-18 4 Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. o The drive-thru pharmacy hours of operation are as follows: Weekdays 8:00 a.m. to 9:00 p.m., Saturdays from 9:00 a.m. to 7:00 p.m., and Sundays from 10:00 a.m. to 6:00 p.m. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include cornmon names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. D. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. No new roof mounted equipment shall extend above the proposed roofline. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensiVe sign program shall be submitted to the Town for consideration under a separate application. o The applicant shall install a minimum of one security camera and adequate lighting in the drive-thru area for customer safety. A sign shall be posted identifying that the premises are being videotaped. · A sign shall be posted at the drive-thru to discourage walk up customers from using the drive-thru facility. E. PARKING In the event, the drive-thru pharmacy concept is abandoned by Longs Drugs or other tenant, of the 10 parking spaces removed as part of this application, nine shall be restriped and reestablished in this area. PAGE 5 OF RESOLUTION NO. 2004-18 Fo STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. * 2. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. * 3. Ail mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. * 4. Any damage to street improvements now existing, 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. G. 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. APPROVED by the Danville Planning Commission at a regular meeting on July 27, 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Storer, Combs, Moran, Osborn, Jameson, Legg, and Graham APPROVED AS TO FORM: City Attorney PAGE 6 OF RESOLUTION NO. 2004-18