HomeMy WebLinkAbout93-48 EXHIBIT A
RESOLUTION NO. 93-48
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT (LUP 93-33) ALLOWING THE OPERATION
OF A CHURCH FACILITY IN AN EXISTING BUILDING
(APN: 218-040-022)
WHEREAS, Crow Canyon Executive Park (Owner) and Canyon Creek Presbyterian Church
(Applicant) has requested approval of a Land Use Permit (LUP 93-33) to allow the
operation of a maximum 330 seat church facility in an existing building and to allow the
placement of a 30 square foot identification wall sign on a five +/- acre site; and
WHEREAS, the subject site is located at 3470 Fostoria Way and is identified as Assessor's
Parcel Number 218-040-022; and
WHEREAS, the Town of Danville L-l; Light Industrial District Ordinance requires approval
of a Land Use Permit prior to the establishment of a church facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on January 11, 1994; 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
approve the request; 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 of the Land Use Permit (LUP 93-33) per the conditions contained
herein, and makes the following findings in support of the Land Use Permit:
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
o
The land use will not adversely affect the orderly development of property within
the Town.
PAGE 1 OF RESOLUTION NO. 93-48
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policy and goals as set by the General
Plan.
The land use will not create a nuisance and~or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
This Land Use Permit authorizes the use of the first floor of the five story building
located at 3470 Fostoria Way (6,230 +/- square feet), and a portion of two floors
of the adjacent building to the northwest (3,300 +/- square feet), as a church
facility. Except as may modified by the conditions contained herein, development
shall be substantially as shown on the project drawings labeled "Canyon Creek
Presbyterian Church", as prepared by Stanton Elliott, dated received by the
Planning Division on September 29, 1993.
This Land Use Permit authorizes the church use for a period of three years. After
three years, the time period for the land use may be extended by the Chief of
Planning if it is determined that the land use does not have an adverse impact on
its surroundings.
3. The maximum seating for the church hall shall be 330.
The time of the primary weekly church services, intended for attendance by the
majority of church members, shall be primarily limited to Sundays. Gatherings of
the majority of church members for special services may occur only during times
that the other users of the building are not in operation (i.e. weekends, evenings,
and holidays). Other regular gatherings, such as Bible study groups, shall be
limited to smaller sub-groups of church members, not to exceed 183 persons.
Prior to the activation of this land use, the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire Protection
District have been or will be met to the satisfaction of that agency.
6. The applicant shall pay any and all City and other related fees that the property
PAGE 2 OF RESOLUTION NO. 93-48
may be subject to as a result of the proposed development. These fees shall be
based on the current fee schedules in effect at the time the building permit is
secured.
Within one week of the effective date of this permit, the applicant shall submit a
check in the amount of $25.00 payable to the Contra Costa County Clerk, to cover
costs associated with the filing of the Categorical Exemption with the County.
At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with Section 26-2.2022 of the Danville Zoning
Ordinance, including failure to comply with these conditions, or if the land use is
determined to create a nuisance to surrounding properties.
A operator shall obtain a Sign Permit from the Town of Danville Planning Division
prior to the placement of any sign for this facility. Any special event or
promotional signage shall comply with all requirements of the Town's Sign
Ordinance (Ord. No. 91-30).
APPROVED by the Danville Planning Commission at a Regular Meeting on January 11,
1994 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer
C~irma¢
APPROVED AS TO FORM:
pdcz58
Chief of PI
PAGE 3 OF RESOLUTION NO. 93-48