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HomeMy WebLinkAbout96-31RESOLUTION NO. 96-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-19 PERTAINING TO THE PROPOSED OPERATION OF THE DANVILLE FUNERAL HOME (Wilson & Kratzer - 825 Hartz Way) WHEREAS, Wilson & Kratzer, as applicants, have requested approval of a land usc permit to convert an existing structure into a funeral home facility; and WHEREAS, 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 WHEREAS, 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 allows for approval by the Planning Commission, after notice and hearing, of uses which are found to be consistent with the intent and purpose of 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 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 the Planning Commission approve Land Use Permit request LUP 96-19 and the concurrently submitted Development Plan request (DP 96-12) which addressed the physical changes to the site; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves LUP 96-19, authorizing operation of a funeral home within the modified structure located at 825 Hartz Way, per the conditions contained herein, and makes the following findings in support of this action: The conditional land use will not be detrimental to the health, safety and general welfare of the Town; The conditional land use will not adversely affect the orderly development of property within the Town (the proposed use provides for the rehabilitation and improvement of an existing thirty :k year old building); The conditional land use will not adversely affect the preservation of property values and the protection of the tax base within the Town; The conditional land use will not adversely affect the policy and goals as set by the General Plan; The conditional land use will not create a nuisance and/or enforcement problem within the neighborhood or community; The conditional land use will not encourage marginal development within the neighborhood; Special conditions or unique characteristics of the subject property and its location or surroundings exist (i.e., the size and configuration of the property and existing building, coupled with its existing and proposed on-site parking and circulation system and the property's relationship to the surrounding circulation facilities, lend themselves to the nature and intensity of the proposed use). 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 for use as a funeral home. Except as may be modified by the conditions contained PAGE 2 OF RESOLUTION NO. 96-31 herein and conditions of approval established for the concurrently approved Development Plan request (i.e., DP 96-12), the land use activity 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 Borrecco/Kilian & Associates, Inc. Landscape Architects and Land Planners, dated received by the Planning Division on June 20, 1996. Operation of the funeral home shall be substantially consistent with the three page narrative supplied by the applicants ("General Operations, Traffic Flow and Parking"), dated received by the Planning Division of June 20, 1996. A modified version of these operational procedures shall be prepared by the applicant and submitted to the Planning Division for review and approval. The modifications shall serve to incorporate changes and additions called for in these conditions. This permit must be exercised within one year of the effective date of the approval. Upon showing of good cause, the period to exercise the permit (i.e., secure a building permit and commence construction activity) may be extended for a maximum of one additional year by the Chief of Planning. As outlined in Section 30-4.11 through 30-4.15 of the Danville Municipal Code, this permit is subject to revocation for cause, including the failure to comply with these conditions of approval or the creation of a nuisance in association of the use. The land use activity authorized by this permit shall operate as approved. Any proposed expansion or modification to the land use shall be subject to review and approval by the Planning Commission under a separate land use permit application prior to the implementation of the expansion or modification. The trash area, if located outside the building, shall be contained within a trash enclosure which is architecturally compatible with the overall project architecture. If located outside the building, the trash enclosure shall be covered and shall utilize gates which are self-closing and self-latching. The location and design of any trash enclosure area established outside the building shall be subject to review and approval by the Design Review Board. Low level security lighting shall be established and maintained for the exterior of the building and surrounding grounds. Lighting supplied shall be subject to review and approval by the Planning Division. PAGE 3 OF RESOLUTION NO. 96-31 Prior to commencement of the land use activity authorized by this permit, the applicant shall comply with all pertinent conditions of approval for Development Plan request DP 96-12. B. PARKING AND CIRCULATION The operator shall develop procedures for attendant-assisted parking during funeral services to assure provision of on-site parking adequate for a minimum of thirty-two spaces. The arrival and departure of cars coming to the site for funeral services where a procession of vehicles will depart from the site at the conclusion of the service shall be managed by facility-supplied attendants. Parking for such services shall be substantially as depicted on the plans labeled "Funeral Procession Parking Layout" (Sheet 4 of the plans cited in Condition A. 1., above). (Mitigation Measure #13. b.i.). A deed restriction shall be recorded for the subject property stating that attended-assisted tandem parking is permitted in the parking lot for funeral procession purposes. The deed restriction shall be reviewed and approved by the City Attorney prior to issuance of a building permit. When tandem parking is utilized, a sign shall be placed at the entrance of the parking lot informing visitors that tandem parking is required. The sign design and location is subject to the review and approval of the Planning Division. The operator shall develop a traffic management plan that serves to assure smooth, direct exit movements for cars leaving the site after funeral services. The plan shall identify the steps to be taken to move the funeral procession from the site, through the downtown street network and out to Highway 680 so as to cause a minimal level of disruption of traffic on adjoining public streets. The traffic management plan shall also address steps to be taken by operator to integrate their scheduled services with the various special events in the downtown area (current and future) that involve street closures and/or heightened traffic levels. The traffic plan shall require tandem parking when funeral processions exceed 21 vehicles. The traffic management plan shall be subject to review and approval by the Chief of Police and the Planning Division. The traffic management plan shall be subject to review by the Town after six months of operation of the funeral home. Based on the findings of that review, the Town may require changes to the traffic management plan. Deviations from the approved traffic management plan (e.g., having occasional processions down San Ramon Valley Boulevard or Hartz Avenue) shall not occur unless prior authorization is secured from the Town. (Mitigation Measure # 13. b.i.) PAGE 4 OF RESOLUTION NO. 96-31 Co To the extent feasible, vendor parking and delivery activities shall be staged from the on-site parking lot at the north side of the building. Parking of employees' personal vehicles shall also be done in that parking lot. Gates shall be installed and maintained across the southerly drive aisle to assure its use is limited to vehicular trips associated with deliveries of remains to the refrigeration unit in the facility, arrivals and departures of hearses and limousines or family members of the deceased and for company vehicles. The design and location of the gates shall be subject to review and approval by the Design Review Board prior to the issuance of building permits. Prior to issuance of a building permit for the proposed building remodel, the applicant shall provide the Planning Division with documentation that the appropriate easements are in place to accommodate traffic movements from the adjoining commercial property to the west onto the subject property's southerly drive aisle. Traffic movement along the southerly drive aisle shall be limited to a one way traffic pattern, with vehicles traveling only in a west to east direction. 6. No funeral processions shall travel southbound on Laurel Drive. GENERAL OPERATIONS 0 Allowable business hours are seven days per week between 8:00 a.m. and 5:00 p.m. When evening services or visitations occur, the facility shall not stay open beyond 9:00 p.m. Funeral services may occur any day of the week. Services followed with a procession to a cemetery shall generally be held between 10:00 a.m. and 3:00 p.m. No cremations shall take place at this facility. However, services for cremated decedents may be offered at the subject facility. A complete embalming room may be maintained at the facility to observe the licensing requirements of the California Department of Consumer Affairs, but no embalming activities, or other preparatory care for decedents, shall occur at this facility. The business operator shall verify to the Town's satisfaction, on an annual basis, that the storage and handling requirements of local and/or State regulatory agencies are being met, or exceeded, for any on-site hazardous materials. (Mitigation Measure #17. b.i.) PAGE 5 OF RESOLUTION NO. 96-31 Remains of decedents stored at the facility shall be maintained in private, secure areas of the facility° D. MISCELLANEOUS * 1. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on July 9, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Bowlby, Combs, Hunt, Jameson, Moran Osborn Murphy City Attorney lup96-19.res PAGE 6 OF RESOLUTION NO. 96-31