HomeMy WebLinkAbout2014-12RESOLUTION NO. 2014-12
APPROVING LAND USE PERMIT REQUEST DEV14-0038 ALLOWING
OCCUPANCY OF A CAMPER TRAILER DURING THE RECONSTRUCTION
OF A FIRE DAMAGED RESIDENCE AT 2 MONTEGO PLACE
(APN: 208-182-020 - PECK)
WHEREAS, PAMELA PECK (owner/ applicant) has requested approval of Land Use
Permit DEV14-0038 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 in a single family residential area 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
WHEREAS, DEV13-0099 was denied 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 Planning Commission approved Land Use Permit request DEV13-0099
for a period of approximately two months, subject to condition of approval; and
WHEREAS, the Planning Commission conducted a public hearing on April 22, 2014, to
verify conformance with the conditions of approval; and
WHEREAS, DEV13-0099 expired on May 27, 2014; and
WHEREAS, the property owner has submitted a new Land Use Permit application to
allow the continued occupancy of camper trailer; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA) (Section 15305); 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 DEV14-38 for an additional approximately three
month period; 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 Land Use
Permit request DEV14-0038, and makes the following findings in support of this action:
FINDINGS:
1. The land use activity approved by this action would not be detrimental to the
health, safety and welfare of the Town as the land use will serve to facilitate the
reconstruction and restored value of a single family home.
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 as it will serve to
facilitate the reconstruction and restored value of the residence.
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 Land Use Permit (LUP14-0038) authorizes an individual to reside within a
camper trailer at 2 Montego Place. This Land Use Permit shall be valid through
PAGE 2 OF RESOLUTION NO.2014-12
August 31, 2014. After that date, any occupancy on the property shall be limited
to be within the single family residence.
2. The property owner shall maintain the property in a manner consistent with the
normal appearance of a well -run, clean and orderly construction site. Any debris
or excess building material shall be removed from the site within a reasonable
period of time, and grass and weeds in the front yard area shall be cut on a
regular basis.
APPROVED by the Danville Planning Commission at a regular meeting June 10, 2014
by the following vote:
AYES: Combs, Haberl, Overcashier, Radich
NOES: Heusler
ABSTAIN: -
ABSENT: Bowles, Graham, Verriere
,
Chair
APPROVED AS TO FORM:
City Attorney
Chief of Planning
PAGE 3 OF RESOLUTION NO.2014-12