HomeMy WebLinkAbout89-01 RESOLUTION NO. 89-1
A Resolution of the Danville Planning Commission
Denying Land Use Permit Request LUP 88'22
and Variance Request VAR 89-15
WHEREAS, Joe Fabel (Applicant) and Romley & Shirley Ames
(Owners) have requested approval of a Land Use Permit to convert
an existing single family residence located at 1111 Camino
Tassajara to a daycare facility with a maximum enrollment of 33
children; and
WHEREAS, the project proponents concurrently submitted
Variance requests to allow a reduction in the number of required
on-site parking spaces from seven to four and a deviation from the
front yard setback requirements in the R-10; Single Family
Residential District to allow the construction of a six foot fence
within the required front yard setback (9' setback requested 20'
minimum required).
WHEREAS, the Planning Commission did review the project at a
noticed public hearing on April 10, 1989; and
WHEREAS, proper notice of this request was given in all
respects as required by law; and
WHEREAS, pursuant to State environmental ~egulations, a Draft
Negative Declaration of Environmental Significance was prepared for
the project; and
WHEREAS, the Planning Commission did hear and consider all
reports, and public testimony and information presented during the
public hearing regarding the project; and
WHEREAS, the Planning Commission identified concerns for
-development of the site related to circulation, access, and
potential impact of additional traffic and pedestrian safety on
Ramona Road.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION OF THE
TOWN OF DANVILLE HEREBY DENIES LUP 88-22 AND VAR 89-15 AND MAKES
THE FOLLOWING FINDINGS IN SUPPORT OF THIS ACTION:
The proposed development is not in conformance with the
Policy 7.12 of the Danville 2005 General Plan because
this site lacks the ability to provide an effective
buffering to the adjacent residential area and a safe
vehicular access plan cannot be achieged due to the shape
and size constraints of this parcel.
Page 1 of 2 - Resolution 89-1
Policies 7.11 and 7.12 of the General Plan encourage the
development of quality day-care within existing
residential areas. This residential area currently
satisfies a portion of the identified community need
relative to childcare. Two chilcare facilities are
located within 1 mile of this site and three large family
day care exist in the immediate neighborhood.
The proposed development is not in conformance with ail
applicable zoning regulations relative to re~ired on-
site parking and location of a fence within a required
yard area.
The proposed development could potentially impact
adjacent neighborhood residences by overburdening the
existing road network and creating potential traffic and
pedestrian hazards.
Therefore, the proposed Land Use Permit and Variance requests would
be inconsistent with the intent of the General Plan and Zoning
Ordinance.
PASSED AND ADOPTED THIS 10 day of April, 1989 by the following
vote:
AYES: None
NOES:
Commissioners: Hendricks, Vilhauer, Frost, Hughes and
Chair HirsCh
ABSENT:
Commissioner Wright
ATTEST
chief
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Chairman
Page 2 of 2 - Resolution 89-1