HomeMy WebLinkAbout120-93RESOLUTION NO. 120-93
A RESOLUTION OF THE DANVILLE TOWN COUNCIL
UPHOLDING THE PLANNING COMMISSIONS'S DENIAL OF A REQUEST FOR 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
WHERF~S, 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
WHERF~S, the public notice of this action was given in all respects as required by law;
and
WHERFAS, 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
WHERFAS, 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, the sale of such Agency-owned property is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the subject request; and
PAGE 1 RESOLUTION NO. 120-93
WHERFAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
WHEREAS, the Planning Commission denied the project at a noticed public hearing on
August 26, 1993; and
WHEREAS, a staff report was submitted recommending that the Town Council uphold the
Planning Commission's action to deny the project; and
WHERFAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing;
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council upholds the Planning
Commission's action to deny 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 Town Council at a Regular Meeting held on Tuesday,
September 21, 1993 by the following vote:
AYES:
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
SHIMANSKY, RITCHEY, DOYLE,
GREENBERG, LANE
CCI-'TY'-'ATTORNEY
ATTEST:
CITY CLERK
adpz26
PAGE 2 RESOLUTION NO. 120-93