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HomeMy WebLinkAbout95-16EXHIBIT A RESOLUTION NO. 95-16 A RESOLUTION OF THE PlakNNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A TIME EXTENSION FOR LUP 90-18 TO ALLOW THREE PORTABLE BUILDINGS TO CONTINUE TO BE UTILIZED AS AN OFFICE, CLASSROOM AND RESTROOM FACILITY AT ROLLING HILLS COMMUNITY CHURCH LOCATED AT 1565 GREEN VALLEY ROAD (APN: 196-330-036) WHEREAS, Rolling Hills Community Church has requested approval of a time extension of Land Use Permit (LUP 90-18) for the temporary use of three portable buildings on a 2.58+/- acre site; and WHEREAS, the subject site is located on the south side of Green Valley Road, at 1565 Green Valley Road and is identified as Assessor's Parcel Number 196-330-036; and WHEREAS, the Town of Danville R-20; Single Family Residential District Ordinance requires approval of a Land Use Permit for the proposed portable buildings; and WHEREAS, on December 11, 1990 the Planning Commission approved a temporary Land Use Permit (LUP 90-18) for a period of two years to install four portable buildings on the church site during construction of new church facilities; and WHEREAS, on January 26, 1993 the Planning Commission approved a one year time extension for LUP 90-18 with the provision that staff could administratively approve an additional one year time extension; and WHEREAS, Planning staff administratively approved a one year time extension allowing the portables to remain on-site until January 26, 1995 unless a second time extension is approved by the Planning Commission; and WHERFakS, the Planning Commission reviewed the proposal for a three year time extension at a noticed public hearing on March 28, 1995 and continued the item to the May 23, 1995 Planning Commission meeting; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 23, 1995; and WHERF~S, 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 thc request; and PAGE 1 OF RESOLUTION NO. 95-16 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 time extension for the Land Use Permit per the conditions contained herein, and makes the following findings in support of the application: FINDINGS OF APPROVAL The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. 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 (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with. Each item is subject to review and approval by the Planning Division unless otherwise specified. All Conditions of approval included in Resolution No. 93-1 (except deadlines for removal of portables) shall apply to this time extension. A building permit shall be obtained and construction of Phase Two shall begin by October 1, 1995. Provided that construction of Phase Two commences by October 1, 1995, the portables may remain at their current location until October 15, 1996 or removed from the site within 30 days of issuance of a Certificate of Occupancy, whichever occurs first. If construction of Phase Two does not commence by October 1, 1995, the classroom and office portables shall be removed from the site and the restroom portable shall be relocated to an alternative location (not adjacent to the southerly PAGE 2 OF RESOLUTION NO. 95-16 neighbors) by November 1, 1995 subject to the review and approval of the Chief of Building & Planning. The restroom portable shall ultimately be removed from the church site by October 15, 1996. Any request for a time extension or to relocate the portable elsewhere on the site is subject to the review and approval of the Planning Commission. All on-site landscaping shall be installed within two months of occupancy of the ground floor of Phase Two. The applicant shall work with Planning staff to provide temporary screening of the portables to mitigate visual impacts to neighbors during the interium period that the portables remain at their existing location. Possible screening materials may include: trees, verticle trellis treatment etc. The applicant shall remove the existing plywood currently placed over an existing door located on the south elevation of the office portable. An alternate method may be used to secure the door subject to the review and approval of Planning staff. APPROVED by the Danville Planning Commission at a Regular Meeting on May 23, 1995, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Bowlby, Hunt, Jameson, Moran, Murphy, Osborn APPROVED AS,TO FORM: (~it~ ~ttorney x~ . . - (;hql'man ~ fief of pdpz72 PAGE 3 OF RESOLUTION NO. 95-16