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HomeMy WebLinkAbout95-34 EXHIBIT A RESOLUTION NO. 95-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING LAND USE PERMIT LUP 95-23 APN: 207-151-001 -- BLANEY WHEREAS, Peter and Betty Blaney have requested approval of a Land Use Permit to allow the development and operation of a child care facility with a maximum capacity of 32 on a 13,000 +/- square foot site; and WHEREAS, the subject site is located on the north east corner of Camino Ramon and Paraiso Drive, at 100 Paraiso Drive and is identified as Assessor's Parcel Number 207- 151-001; and WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance requires approval of a Land Use Permit prior to the establishment of a child care facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 14, 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 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 denies the Land Use Permit LUP 95-23, and makes the following findings in support of this action: The proposed land use will be detrimental to the to the health, safety, and general welfare of the Town. The land use will be in conflict with the policy and goals as set by the General Plan. The land use will create a nuisance and~or enforcement problem within the neighborhood or community. PAGE 1 OF RESOLUTION NO. 95-34 The project is not consistent with General Plan Policy 7.12 which states: "Consider child care and pre-school facilities to be appropriate in existing residential neighborhoods where safe vehicular access and effective buffering of neighboring residences can be achieved", since safe vehicular access to the site does not exist. DENIED by the Danville Planning Commission at a Regular Meeting on November 14, 1995, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Arnerich, Bowlby, Hunt, Jameson, Moran, Murphy, Osborn City Attorney Chief pdcz90 PAGE 2 OF RESOLUTION NO. 95-34