HomeMy WebLinkAbout94-14 EXHIBIT A
RESOLUTION NO. 94-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVII.I.E DENYING AN APPEAL AND APPROVING
LAND USE PERMIT LUP 93-30 - STISCAK
WHEREAS, William Miskovetz et. al. have appealed the Town's Administrative Approval
of a Land Use Permit request (LUP 93-30) which would allow the operation of a
maximum eight person residential care home for ambulatory brain injured adults;
and
WHEREAS, the subject site is located at 209 Farm Hill Court and is identified as
Assessor's Parcel Number 216-391-007; and
WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance
requires approval of a Land Use Permit to allow the operation of a residential care
home for more than six persons; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on April 26, 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
deny the appeal and approve the Land Use Permit request; and
WHERF~S, 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 denies the appeal and approves the Land Use Permit request per the
conditions contained herein, and makes the following findings in support of the Land
Use Permit Request:
1. The proposed project is consistent with the Danville 2005 General Plan.
2. That the proposed residential care facility shall not be detrimental to the
PAGE 1 OF RESOLUTION NO. 94-14
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..... health, safety and general welfare of the Town.
The residential care facility will not adversely affect the preservation of
property values and the protection of the tax base within the Town.
That the proposed residential care facility will not create a nuisance and/or
enforcement problem within the neighborhood or community.
That the proposed residential care facility shall not adversely affect the orderly
development of property within the respective land use district in which the
subject property is located.
That the proposed residential care facility is appropriate to the lot, location and
neighborhood, and substantially meets the intent and purpose of the respective
land use district and the goals and policies set forth by the general plan.
CONDITIONS OF APPROVAL
This Land Use Permit authorizes the operation of a residential care home for a
maximum of eight ambulatory brain injured adults located at 209 Farm Hill Ct.
o
The applicant shall confirm to the Town in writing on or before May 1 of each
year following issuance of this Land Use Permit that the number of residence at
the facility does not exceed eight. The Town may further confirm at any time,
either on its own or at the request of any neighbor, that the number of
residents of the facility does not exceed eight. Violation of this Condition shall
be cause for revocation of the Land Use Permit as referenced in Condition #6,
below.
The applicant shall submit evidence to the Chief of Planning that the
appropriate licenses and permits to operate a residential care facility have been
obtained from the State of California and the Fire Department and are kept
current.
No signs advertising the residential care facility shall be installed on the
property.
Residents of this facility shall not be permitted to maintain a motor vehicle at
this residence, or to drive a vehicle on a trip initiated or ended at this address.
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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.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 26,
1994 by the following vote:
AYES:
NOES: -
ABSENT: Osborn
ABSTAINED: -
Arnerich, Bowlby, Hunt, Jameson, Murphy, Xrllhauer
APPROVED AS TO FORM:
pdcz63
PAGE 3 OF RESOLUTION NO. 94-14