Loading...
HomeMy WebLinkAbout96-30RESOLUTION NO. 96-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 96-12 PERTAINING TO THE MODIFICATION OF AN EXISTING BUILDING FOR USE AS A FUNERAL HOME (Wilson & Kratzer - 825 Hartz Way) WHEREAS, Wilson & Kratzer, as applicants, have requested approval of a final development plan to convert an existing structure into a funeral home facility; and WHERF~S, the subject property is located at 825 Hartz Way (further identified as APN 216-101-103), being the existing location for the Danville Library, a site currently owned by the Danville Redevelopment Agency; and WHERF~S, the proposed modifications include changes to interior walls, floors and ceiling elements, minor changes to the exterior building elevations, modification and expansion of the on-site parking and circulation system, modification and expansion of the on-site landscaping, development of a freestanding sign, and the addition of two covered carport areas, respectively located at the southeast and southwest corners of the existing structure; and WHEREAS, the DBD: Downtown Business District - Area 6 requires approval of a final development plan prior to building modifications of the extent proposed being made to existing structures in the district; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project, indicating that, as modified through project revisions and conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and WHEREAS, the Planning Commission did review the request at a noticed public hearing on July 9, 1996; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony submitted in writing and presented at the hearing; 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 the Planning Commission approve Development Plan request DP 96-12 and the concurrently submitted Land Use Permit request (LUP 96-19) which addresses the proposed operation of the funeral home; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves DP 96-12, authorizing rehabilitation and improvement of the existing structure at 825 Hartz Way for operation as a funeral home, per the conditions contained herein, and makes the following findings in support of this action: The applicant intends to obtain permits for construction within eighteen months from the effective date of plan approval; 2. The proposed development plan is consistent with the General Plan; ° The proposed development will constitute a commercial service operation of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; The proposed development fills an existing need and is appropriately located as regards circulation facilities; ° The proposed development will not create adverse traffic congestion as a result of existing and proposed area traffic improvements, the establishment of proper entrances and exits from the subject property and the internal provision for traffic and parking; The proposed development will be an attractive and efficient center which will fit harmoniously into, and will have no adverse effects upon, the adjacent or surrounding development. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to initiation of the proposed land use activity at the sUbject property. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Land Use Permit request authorizing the rehabilitation and improvement of the Danville Library Building at 825 Hartz Way. Except as may be modified by the conditions contained herein and conditions of approval established for the concurrently approved Land use Permit request (i.e., LUP 96- 19), the site redevelopment authorized by this permit shall be substantially as proposed on the project development plans labeled "Danville Funeral Home", consisting of six pages, as prepared jointly by The Doody Group and by PAGE 2 OF RESOLUTION NO. 96-30 0 o 0 7. Borrecco/Kilian & Associates, Inc. Landscape Architects and Land Planners, dated received by the Planning Division on July 3, 1996. The applicant shall pay or be subject to 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. The project developer shall pay any pertinent impact and capacity fee for utility hookup or service change and for any other pertinent public services (i.e., PG & E, Pacific Bell and similar communication companies, EBMUD, CCCSD, CCCFC&WCD, etc.). (Mitigation Measure #16. a.i.) Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. Within ten days of approval of the project, the applicant shall submit to the Town a check in the amount of $25.00 to cover the cost of posting the Notice of Determination with the Contra Costa County Clerk. 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around part or all the site during construction activity associated with the remodel of the existing building. (Mitigation Measure #17.a.i0 The structure shall not be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. The plan check submittal for the building permit shall address the preliminary plan check comments from Linhart Petersen Powers Associates dated June 26, 1996. (Exhibit F of the Planning Commission staff report dated July 9, 1996.) PAGE 3 OF RESOLUTION NO. 96-30 B. SITE PLANNING C0 All lighting shall be installed in such a manner that lighting is down-directed and glare is directed away from surrounding properties and rights-of-ways. All lighting shall be of a minimum intensity needed to provide adequate illumination. A detailed final lighting plan, including information about the proposed lighting intensity and down directed fixtures, shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. 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 facilities shall not be located between any street and the front of a building. LANDSCAPING Final landscape plans (with planting shown at 1"=20' scale) 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. 0 All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. ° Existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. All trees, unless otherwise noted on landscape plans, shall be a minimum of 15 gallon container size. All trees shall be properly staked. All shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. o The "New Planter" located at the rear of the site shall be landscaped. The landscape plan shall be revised to reflect proposed landscaping of this planter area subject to the review and approval of the Planning Division prior to issuance of a building permit. PAGE 4 OF RESOLUTION NO. 96-30 Do The applicant shall replace the existing wooden fence along the south boundary of the property with a new fence. This authorization allows a fence along the southern property line to be a maximum of seven feet in height. The existing fence located on the site's westerly property line shall be cleaned and repaired. Conditions of approval require the planting of fast growing 24-inch box specimen trees along the south side of the property to extend the existing line of trees (partially established by Trees #9 through #12 on Sheet L-1 of the project drawings) approximately 48 feet to the west. An amended landscape plan shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. 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 structure. The street number for the structure shall be posted so as to be easily seen from the street at all times, day and night. The proposed colors for the building and the monument sign are approved as submitted. Final proposed colors shall be submitted for review and approval by the Planning Division prior to issuance of a Building Permit. The existing masonry block shall not be painted. 0 Panels tO be inserted into existing windows shall have an exterior stucco finish to be painted the body color of the building. o The mechanical screen on the roof at the west end of the building shall be stained a semi-transparent color consistent with proposed new fencing. The proposed monument sign is approved as submitted but shall have a maximum height of 5'1". Lighting for the monument sign shall be recessed into the ground. No authorization is granted by this permit for signage located on the building. PARKING All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the PAGE 5 OF RESOLUTION NO. 96-30 Eo overhang of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. CONSTRUCTION ACTIVITIES Remodeling efforts of the existing structure shall be consistent with modern seismic design for resistance to lateral forces. Remodeling efforts of the existing structure shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. (Mitigation Measure #1.g.i0 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. In the event that subsurface archeological remains are discovered during any coristruction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. (Mitigation Measure #20. a. i.) STREETS 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. PAGE 6 OF RESOLUTION NO. 96-30 G0 All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. Any damage to public 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, gutter, curb and/or sidewalk reconstruction if deemed warranted by the City Engineer. 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. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. Handicapped ramps shall be provided and located as required by the City Engineer. INFRASTRUCTURE Water supply shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated June 17, 1996. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. New electrical, gas, telephone and/or Cable TV services shall be provided underground in accordance with the Town policies and existing ordinances. PAGE 7 OF RESOLUTION NO. 96-30 All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. MISCELLANEOUS * 2. * 3. 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. Pursuant to Government Code Section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices for the site. APPROVED by the Danville Planning Commission at a Regular Meeting on July 9, 1996, by the following vote: AYES: NOES: ABSTMNED: ABSENT: Bowlby, Combs, Hunt, Jameson, Moran, Osborn Murphy Chairman /~'"~ APPROVED AS TO FORM: City Attorney DP96-12.res PAGE 8 OF RESOLUTION NO. 96-30