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Home My WebLink About97-40 EXHIBIT A RESOLUTION NO. 97-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 97-20 ALLOWING AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 790 DIABLO ROAD TO BE UTILIZED AS A PRIVATE SCHOOL FOR PIANO AND KEYBOARD LESSONS - MCMANUS (APN: 196-270-027) WHEREAS, Colin and Lynda McManus have requested approval of a Land Use Permit to allow an existing single family residence to be utilized as a private school for piano and keyboard lessons on a .33+ acre site; and WHEREAS, the subject site is located on the west side of Diablo Road, at the southwest comer of Diablo Road and Betten Court at 790 Diablo Road, and is further identified as Assessor's Parcel Number 196-270-027; and WHEREAS, the Town of Danville Single Family Residential Districts require approval of a Land Use Permit to operate a private school for piano and keyboard lessons; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 9, 1997; 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 the 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 the Land Use Permit request per the conditions contained herein, and makes the following findings in support of this action: 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. PAGE 1 OF RESOLUTION NO. 97-40 ~., 3. The land use will not adversely affect the preservation of prope~y values and the protection of the tax base within the Town. 4. The land use will not adversely affect the policy and goals as set by the General Plan. 5. 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. 7. The unique characteristics and location of the subject site are appropriate for the proposed private piano/keyboard school. 8. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. A. GENERAL * 3. This approval is for the operation of a private school for piano and keyboard lessons at an existing single family residence located at 790 Diablo Road. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan and Preliminary Landscape Plans consisting of 1 sheet, as prepared by Gates and Associates and dated received by the Planning Division on December 5, 1997. Prior to the commencement of operation of the piano/keyboard school, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) have been, or will be, met to their satisfaction. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $25.00. PAGE 2 OF RESOLUTION NO. 97-40 0~-L6 'ON/NIOI~LflqOS~H' AO £ ~[9Vd 'suossaI pagoqXa>l/otm!d Jo luouaoououatuoa aq~, ol .to!.~d pollmsu! aq llgqs loI fi'uplsgd aql ol sluatuaAo~du~} lgo!sXqd IIV 'u°!sPx!CI gu!uug|d aql Xq |eAo.tddlg pug ~xat~a~ · ugld uo!lglno3!o s!ql 'ql}~ ,qdtuoo pug )o aag~g gag s~uaHo lie lgql a~nsm ol ~H[q~suodso.~ s,~olgaodo oql oq Ilgqs 1I 'Palgu~Ho aq I[gqs sXg~oA}ap o~o~auoa aql uo polu}ed sgo~e pasodmd aq& '~mo~ uo~D~ uo XegaApp l~xo aql p~ peon olqe~G uo poleoo[ ~e~OA~p ooue~luo oq~ ql~ 'ol~s-uo uo~e[no~a o~ ~e~-ouo ~q lleqs ~aaq~ '9 '9 Jo q~p!~ tuntu!u!m ~ ol pouap!~ aq Ilgqs ~anoD ua~a~ uo umde Xg~aApp gu!Is!xa aq~L 'E .[ DNINNVd O~-L6 '0~ ~OIJ~3~IOST~[ AO ~ aq~L '~4!l!agJ aql lg '-Iaa~A Jad suossaI luopnls 0L jo jaqtunu tuntu!xetu g aq lleqs alaq~L ' I SFIOZtNVqq~]DSIIAI · apoD u~xoi oql Jo IXXX pug IIX s~aldgqO pug luatu,mdaCI saa!,uaS luatudolaAaCl aql jo suo!itga~!aads pug streld plgpugls aql ql!A~, Xldtuoa [lgqs pug sugld ao/pug sp.mptmls paAo~ddg ql!A~ aauep~oaag u! paDrulsuoa aq Ilgqs gubxgd pug 'sXe~xaa!~p 'Dtlg~Aap!s ':allriB 'q.mo ~u{pnlau! 'Xg~-Jo-lqg!~ a!Iqnd aql u!ql!~ sluatuaAo~dtu! IlV .£ · luatuasga ~o Xg~-Jo-lqgg a!lqnd ,{tin u!q1!~x sa!1!A!Dg uo!larulsuoa Aug gu!auatutuoa ol .,o!~d uo!s!A!(I gu!~aau!gu2] aql tuog l!tu~ad luauaqagoaaua tm u!glqo [Igqs ltrea!lddg 'I · 1oI ~upl~gd aql jo ug!sap aq, ol suo!lgo,J!potu pa~!nba~ ssa3ppg ol paH!pova aq llgqs ugld adgosptreI Da[o~d 'p 'E 'Xg~ds~aAo pug Mouna p{OAg 0, paug!sap aq llgqs pug sau!lap!ng adgasptmI pug 1~[-I6# aauuu!P~O adgaspueq allDtre(I jo u~x%L q:!~ Xldtuoo llgqs uo!lg~!~q 'uo!l!puoa ~U,A~O~ Xq~lgaq u U~ p~u}elu~em pug u~olsg uo~lgg}~} puno~g~opun oaumolng ug Xq papas aq [lgqs [g~aalg~ luuld IIV 't DNIdV3S(INV] 'Z '3 · Xlduxoa ol po!~ad qluotu auo g palug~g aq llgqs lugo!idde aql 'pa~j!potu aq o, paau (gu!lnpaqos sselo gu!pnlou!) uo!~gaado ? s~noq ~gq~ pau!tuaa~ap s! 1! ~I maximum class size shall be five students and there shall be a minimum of 30 minutes between the scheduled end of a class and the beginning of the next class. Hours of operation for the facility shall be limited to 9:00 a.m. to 7:00 p.m. Monday thru Saturday. No group lessons shall start or end between the hours of 3:00-3:30 p.m. and shall be adjusted accordingly with any modifications to Vista Grande Elementary School hours of operation. Any modification to the hours and days of operation shall require prior review and approval of the Chief of Planning, and if necessary the matter may be referred to the Planning Commission for review. This Land Use Permit is for the operation of a piano/keyboard school. Any proposed expansion of the piano/keyboard school, or any new use shall require a new Land Use Permit. No events shall occur on the site that generate the need for more than five parking spaces. No musical activities, other than music lessons, practice, and study, shall occur on the exterior or interior of the residence. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. Any other change will require Planning Commission approval through the Land Use Permit review process. 4. This land use permit shall be void upon the sale of the subject property. , This Land Use Permit is revokable for cause including the creation of a nuisance in association with the use, or failure to comply with the above Conditions of Approval. APPROVED by the Danville Planning Commission at a Regular Meeting on December 9, 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: City Attorney } f:\pla~ming\parsons\pdpz110 Combs, Hunt, Jameson, Moran, Osborn, Rapp, Bowlby / ~ /' /s, Chairman , " Chief of Pla~ PAGE 5 OF RESOLUTION NO. 97-40