HomeMy WebLinkAbout107-96RESOLUTION NO. 107-96
DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF LAND
USE PERMIT REQUEST LUP 96-19 ALLOWING THE REMODEL 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 land use 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 did approve the request at that meeting; and
WHEREAS, the Planning Commission's approval of the project was appealed by Andy
Weiss, representing the Sycamore/Laurel Neighbors Alliance, who expressed concerns
related to traffic and health safety considerations and land use considerations; and
WHEREAS, the Town Council did review the appeal at a noticed public hearing on August
6, 1996; and
WHERF~S, a staff report was submitted recommending that the Town Council deny the
appeal and 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
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Town Council did consider the appeal, hearing and considering all
reports, recommendations and testimony submitted in writing and presented at the
hearing; and
WHEREAS, consistent with the direction of Goal I of the Danville 2005 General Plan,
reuse of this existing building in the manner proposed will complement Danville's existing
small-town character and further the quality of life in a manner commensurate with
established municipal service standards; and
WHERF~S, consistent with the direction of Policy 1.03 of the Danville 2005 General Plan,
the proposed project will be consistent with the scale, appearance and small-town
character of Danville; and
WHEPdF~S, consistent with the direction of Policies 1.12 and 4.09 of the Danville 2005
General Plan, the location of the project, its relationship to surrounding uses and the
existing street network, and the controls on the operation of the facility that will be
imposed through project conditions, serve jointly to protect existing residential areas from
intrusion of incompatible land uses and disruptive traffic to the extent reasonably
possible; and
WHEREAS, consistent with the direction of Goal 3 of the Danville 2005 General Plan, and
with acknowledgement of the wide mix of uses that surround the subject property, the
proposed project will be appropriately integrated in a visual and function manner with
the physical character and desired image of the community; and
WHEREAS, consistent with the direction of Policy 3.01 of the Danville 2005 General Plan,
by reusing the existing library building, the project will be using a building which has a
low-profile appearance which contributes to the village-like atmosphere of Danville; and
WHERF~S, consistent with the direction of Policy 3.01 of the Danville 2005 General Plan,
approval of the project will result in the provision of a conveniently located commercial
service for local residents; and
PAGE 2 OF RESOLUTION NO. 10%96
WHEREAS, consistent with the direction of Goal 13 of the Danville 2005 General Plan,
development of the project will not result in the intrusion of through traffic on residential
streets; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville denies the appeal of the
Planning Commission action to approve LUP 96-19, and authorizes the 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:
o
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 q- year old building);
3~
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;
o
The conditional land use will not encourage marginal development within the
neighborhood;
o
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.
PAGE 3 OF RESOLUTION NO. 107-96
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
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.
0
Operation of the funeral home shall be substantially consistent with the five
page narrative supplied by the applicants ("General Operations, Traffic Flow
and Parking"), dated received by the Planning Division of July 26, 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.
PAGE 4 OF RESOLUTION NO. 10%96
.
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.
.
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 shall be managed by facility-
supplied attendants. Parking for funeral services shall be substantially
as depicted on the plans labeled 'gFuneral Procession Parking Layout"
(Sheet 4 of the plans cited in Condition A.I., above), revised to be
consistent with the staff study pertaining to funeral procession parking
dated July 3, 1996. A deed restriction shall be recorded for the subject
property stating that attended-assisted tandem parking is permitted in
the parking lot. 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 procedures developed for attendant-assisted parking 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 procedures. Deviations from the approved parking
procedures shall not occur unless prior authorization is secured from the
Town. (Mitigation Measure #13. b. iO.
,
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.
PAGE 5 OF RESOLUTION NO. 10%96
Co
The traJfic 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.)
o
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.
5. No funeral processions shall travel southbound on Laurel Drive.
GENERAL OPERATIONS
.
Allowable business hours are Monday through Saturday between 8:00 a.m.
and 5:00 p.m. and Sunday between 9:00 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.
o
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 and operated 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.
PAGE 6 OF RESOLUTION NO. 10%96
o
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.)
o
Remains of decedents stored at the facility shall be maintained in private,
secure areas of the facility.
APPROVED by the Danville Town Council at a Regular Meeting held on August 6, 1996,
by the following vote:
AYES:
NOES: None
ABSTAIN: None
ABSENT: None
Greenberg, Shimansky, Arnerich, Doyle, Waldo
CMAYOR
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
CITY CLERK
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PAGE 7 OF RESOLUTION NO. 107-96