HomeMy WebLinkAbout96-15RESOLUTION NO. 96-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 96-11 PERTAINING TO
THE OPERATION OF A TREE SERVICE BUSINESS
FROM A SINGLE FAMILY RESIDENCE
APN: 216-140-003 -- WISE
WHEREAS, Darrell and Joan Wise have requested approval of a Land Use Permit to allow
the operation of a tree service business from a residence located within a single family
residential district on a .85 acre site; and
WHEREAS, the subject site is located at 721 Via Hermosa and is further identified as
Assessor's Parcel Number 216-140-003; and
WHEREAS, the Town of Danville R-20; Single family Residential District allows for approval
by the Planning Commission, after notice and hearing, uses which are found to be
comparable with other allowed uses within the R-20; Single Family Residential; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing on
April 23, 1996; 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
request; and
WHEREAS, following the public hearing the Planning Commission discussed the merits of
the project and indicated an intent to approve the project and continued the item to the May
14, 1996 meeting and directed staff to prepare appropriate findings and conditions of
approval to support approval of the project; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing on
May 14, 1996; and
WHEREAS, the public notice of this action was given in all respects as required by law; 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
PAGE I OF RESOLUTION NO. 96-15
RESOLVED that the Planning Commission of the Town of Danville approves Land Use
Permit request LUP 96-11 and makes the following findings in support of this action:
Do to the specific characteristics of the subject land use, such as employees not
working at the site but in effect car pooling to the job site from the subject property,
the site improvements such as the entirely enclosed and screened storage yard and
landscaping, the general clean and well maintained nature of the entire property, the
proposed land use is compatible with other allowable conditional uses within the
Town's R-20; Single Family Residential District and is comparable to other existing
land uses within the subject neighborhood.
o
The land use is not inconsistent with the Town's home occupation standards since
there are no outside employees who work at the site and, do to limitations on the
number of employees, the site improvements such as the enclosed storage yard and
landscaping, and the characteristic large lots within the subject neighborhood, the
land use does not generate noise or traffic which is substantially beyond that
normally associated with a single family residential use.
Due to the relatively large size of the subject lot and the relatively large size of
surrounding properties in the neighborhood which, although zoned for R-20; Single
Family Residential District, are generally near one acre in size, and the resulting
existing rural character of the neighborhood, the land use is able to maintain an
adequate separation from surrounding properties to minimize any impacts generated
by the land use.
Through the use of a solid wood fence and landscaping, all equipment and materials
associated with the land use are effectively screened from view from the public right-
of-way and surrounding properties resulting in no exterior indication of the
business.
o
The land use will not adversely affect the orderly development of property within the
Town°
o
The land use will not adversely affect the policies and goals as set by the General
Plan.
o
The land use will not create a nuisance and enforcement problem within the
neighborhood.
The land use will not encourage marginal development within the neighborhood.
PAGE 2 OF RESOLUTION NO. 96-15
CONDITIONS OF APPROVAL
This permit authorizes the operation of a tree service business from the residence
located at 721 Via Hermosa Drive. Except as may be modified by the conditions of
approval contained herein, site planning and landscape improvements for the land
use shall be substantially as shown on the project drawings labeled Wise
Residence, dated received by the Planning Division on May 8~ 1996~ In addition,
except as may be modified by these conditions, operation of the business shall be
consistent with the description of the business contained within the applicant's letter
dated May 6, 1996.
The normal maximum hours of operation for the business shall be 7:00 a.m. to 5:30
p.m. Monday through Friday. Occasional work, such as emergency work or work
for clients which, for safety reasons, must be performed during off hours (such as
work on school campus property), may occur on Saturdays between the hours of
7:00 a.m. to 5:30 p.m.
o
Only one work crew, consisting of the property owner and a maximum of five
employees, may meet at the site.
Only the property owner may perform work related to the operation of the tree
service business at 721 Via Hermosa. No work related to the operation of the
business, other than meeting and car pooling to the job site, and occasional routine
maintenance of vehicles and equipment, shall be performed on-site by outside
employees.
Equipment stored on-site shall be limited to the equipment necessary for the
operation of one crew. Two single axle work vehicles are allowed. All vehicles,
equipment, and materials shall be fully contained within, and substantially screened
by, the existing six foot high solid wood fence and landscaping which surrounds the
perimeter of the storage area as shown on the plans referenced under Condition of
Approval #1 above.
All employees shall park personal vehicles within the fenced storage yard during the
work day.
0
No motorized equipment associated with the business shall be started and run at the
storage site. The running of vehicles shall be substantially limited to leaving the yard
in the morning and returning in the afternoon. The occasional running of vehicles
and equipment within thc ~toragc yard for minor maintenance purposc~ is allowed.
PAGE 3 OF RESOLUTION NO. 96-15
0
The solid wood storage yard fence shall be maintained in an as new condition at all
times. All existing and required landscape improvements which help screen the
storage area from view shall be maintained in a healthy growing condition.
All landscape improvements as shown on the above referenced landscape plans shall
be installed within six months of the date of this approval.
10.
This land use permit shall initially be valid for a period of three years. The land use
permit may be extended by the Chief of Planning in additional maximum five year
increments upon the receipt of an extension request by the property owner and
upon the verification that the business continues to operate in conformance with the
findings and conditions specified by this permit.
This land use permit is revocable at any time for cause including the failure to
comply with these conditions of approval or the creation of a nuisance in association
with the use.
12.
Any proposed expansion or modification to the land use shall be subject to review
and approval by the Planning Commission under a separate land use permit
application prior to the implementation of the modification.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 14, 1996
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Bowlby, Hunt, Jameson, Moran, Osborn, Murphy
McEvilly
~hfii~nal~ J ~
APPROVED AS TO FORM:
PAGE 4 OF RESOLUTION NO. 96-15