HomeMy WebLinkAbout2014-05RESOLUTION NO. 2014-05
APPROVING AN APPEAL OF AN ADMINISTRATIVE ACTION TO DENY LAND
USE PERMIT REQUEST DEV13-0099 AND AUTHORIZING AN INDIVIDUAL TO
RESIDE WITHIN A CAMPER TRAILER
AT 2 MONTEGO PLACE
(APN: 208-182-020 - PECK)
WHEREAS, PAMELA PECK (owner/ applicant) requested approval of Land Use
Permit request DEV13-0099 seeking authorization to allow an individual to reside
within a camper trailer at 2 Montego Place while the primary dwelling, a single family
residence that was damaged in a fire in August of 2012, is reconstructed; and
WHEREAS, the subject site is located at 2 Montego Place and is further identified as
Assessor's Parcel Number 208-182-020; and
WHEREAS, camper or trailer living may be authorized by the Planning Commission
upon findings being made that the use is comparable to the uses identified in Section
32-22.3 of the Danville Municipal Code, and will not result in a significant negative
impact upon the neighborhood; and
WHEREAS, DEV13-0099 was denied by the Town on January 7, 2014 as an
administrative action; and
WHEREAS, Pamela Peck submitted a letter appealing the administrative action on
January 15, 2014; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on March 25, 2014; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA) (Section 1.5305, Class 5); 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
deny the appeal and uphold the administrative action, denying DEV13-0099; 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 approves the
appeal and overturns the administrative action to deny Land Use Permit request
DEV13-0099, and makes the following findings in support of this action:
1. The land use activity approved by this action would not be detrimental to the
health, safety and welfare of the Town so long as the conditions below are met.
2. The land use activity approved by this action would not adversely affect the
orderly development of property within the Town.
3. The land use activity approved by this action would increase property values
and will not negatively impact the tax base within the Town.
4. The land use activity approved by this action would not adversely affect the
policy and goals as set by the Danville 2030 General Plan.
5. The land use activity approved by this action would not create a nuisance
and/or enforcement problem within the neighborhood or community.
6. The land use activity approved by this action would not encourage marginal
development within the neighborhood due to special conditions and unique
characteristics of the subject property, namely that the primary residence has
been damaged by a fire and ongoing issues have occurred with insurance and
construction workers.
CONDITIONS OF APPROVAL
1. This permit authorizes an individual to reside within a camper trailer at 2
Montego Place.
2. This Land Use Permit may be valid until May 27, 2014 under the following
conditions:
a. The applicant shall return to the Planning Commission in four weeks (i.e.,
at the Planning Commissions meeting of April 22, 2014) during a noticed
public hearing to demonstrate that the entire property has been cleaned
up and that all debris and abandoned vehicles have been removed from
the property or screened from public view in a manner consistent with the
Towns Screening Ordinance. Failure to satisfy this condition to the
satisfaction of the Planning Commission shall result in the termination of.
this Land Use Permit at the time of the April 22, 2013 meeting.
PAGE 2 OF RESOLUTION NO. 2014-05
b. If during the Planning Commission hearing of April 22, 2014, the Planning
Commission finds that the property has been sufficiently cleaned up, this
Land Use Permit may be extended until May 28, 2014.
3. The applicant may file a subsequent Land Use Permit application prior to or after
the May 28, 2014 expiration of this Land Use Permit, which shall be subject to
review and approval by the Planning Commission during a noticed public
hearing. In considering any subsequent application, the Planning Commission
shall take into consideration the ongoing condition and maintenance of the
property and whether the property owner has initiated reconstruction of the
home and is making diligent efforts toward completion of the work, and has
maintained a valid building permit for that purpose.
4. The non -applicant/ owner, Mathew Peck, may occupy the camper trailer during
the valid life of this Land Use Permit.
APPROVED by the Danville Planning Commission at a regular meeting on March 25,
2014 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bowles, Haberl, Overcashier, Radich, Verriere
Heusler
Graham
Combs
APPROVED AS TO FORM:
J
City Attorney
PL
`'`Chair
e
Chief'of Plann g
PAGE 3 OF RESOLUTION NO. 2014-05