HomeMy WebLinkAbout98-14 EXHIBIT A
RESOLUTION NO. 98-14
A RESOLUTION OF THE PLANNING COMMISSION OF
THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL
APPROVE AN AMENDMENT TO THE DANVILLE MUNICIPAL CODE
ADDING SECTION 32-93 --- DRY CLEANING PLANTS
WHEREAS, the Town Council directed staff to review the issue of dry cleaning plant locations
within the Town limits; and
WHEREAS, the Town Council directed staff to present the findings of this review to the
Planning Commission for comments and recommendations; and
WHEREAS, the Town staff did review the issue and has determined that dry clea~ing plants are
consistent with the type of land uses generally considered to be light industrial in nature and
which are more appropriately located within the Town's L-1; Light Industrial Zoning District;
and
WHEREAS, Town of Danville L-I; Light Industrial Zoning District does allow the
establishment of dry cleaning plants and industrial uses of that nature with the approval of a land
use permit; and
WHEREAS, the Planning Commission did review the proposed amendment at a noticed public
hearing on March 24, 1998; 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 recommend
the Town Council approve the proposed amendment, adding section 32-93 of the Danville
Municipal Code; 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 recommends that the Town
Council grant a Negative Declaration of Environmental Significance and approve of the proposed
amendment contained herein, and makes the following findings in support of this action:
The proposed project is consistent with the Danville 2005 General Plan.
2. The proposed amendment to the Danville Municipal Code will substantially comply with
the General Plan.
,,.-~, 3. The uses authorized or proposed in the land use district are compatible within the district
and to uses authorized in adjacent districts.
4. Community need has been demonstrated for the amendment proposed.
The zoning text amendment is consistent with the Danville General Plan Policy 5.02
which "Require, as appropriate, the application of Special Regulations for hazardous
materials handling,..."
Based on the completion of the Initial Study of Environmental Significance and comments
received, there is no substantial evidence before the Town that the project will have a
significant effect on the environment.
APPROVED by the Danville Planning Commission at a Regular Meeting on March 24, 1998
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bowlby, Combs~ Hunt, Jameson, Osborn~ Rapp, Moran
hairman
~&-C
APPROVED AS TO FORM:
City Attorney
f:\planning\applications\zta\zta98-O l\ptwz28
Chief of Planning
PAGE 2 OF RESOLUTION NO. 98-14
DRAFT AM]ENDMENT OF THE DANVILLE MUNICIPAL CODE
ADDING SECTION 32-93 --- DRY CLEANING PLANTS
The Town Council of the Town of DanGlie DOES ORDAIN AS FOLLOWS:
SECTION ONE:
All specific references to "clothes/carpet/drapery cleaners with plant" in
Sec. 32-45.12.c and "cleaners with plant" in Sec. 32-45.14.c.8 of the
Danville Municipal Code are hereby deleted.
SECTION TWO:
Section 32-93 is hereby added to the Danvitle Municipal Code, to read as
follows:
Dry Cleaning Plants
32-93.1 Intent
This section intends to idemify the appropriate location of dry cleaning plants as the L-1; Light
Industrial Zone District and prohibit the establishment of any new dry cleaning plants in any other
zone district within the Town of Danville.
32-93.2 Definition.
"Dry cleaning plants" are hereby defined as the physical part of a dry cleaning business which
involves the use of chemicals to process and clean clothing, draperies and other textile products.
32-93.3 Permits
I.)s':, clca.m~g t:lanis. vs defined m Sccnon 32-t).12. sit:ill bc t;cl mined m the I.-I. [.l~hl hklusu'utl
/('lie I)I.MI'ICl..~ll~lccI ID the apl)m',;if of n iilrl(I list pcflrlll Illx' cle, llllll~ I:)]iltll~ shall IIol
Permit Requi~d. No person shall dedicated, establish ot maintain m~y dry cleaning plant,
as defined in Section 32-93.2, without first olAaining a land use penidt fioni the Town of
Danville as specified in this section.
Permits Authotqzed in Certain Land Use Districts. An application may be made m~d a
lm~d use permit may bc grm~ted for the establishnient of a dry cleaning plm~t in the L-l,
Light hxdush ial Zone Dish ict only. D,~ cleaning plai,ts shall not be pe, mitted in any othe~
zone dist~ ict of the Town.
PAGE 1 OF ORDINANCE NO. 98-XX
32-93.4 Existing Dry. Cleaning Plants
Any dry cleaning plants which are established and operating on the date of the adoption of this
Section are permitted to remain ~ are hereby deemed an existing "legal nonconforming use"
~:~ij~;ii~;i~::~i~i~:i!~untii i[~ use is discontinued or ceases to exist for any reason. As
provided for in Section 32-4.3 of the Municipal Code, imy proposed expression of ai, existing
legal nonco,~fo,,,dng dry clemfi~,g pl,mt will be subject to ~e review iu~d approval of a land use
pe~ mit application by fl~e Town of DauviIle Plaumin~, Commission.
PAGE 2 OF ORDINANCE NO. 98-XX