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HomeMy WebLinkAbout99-072 EXHIBIT A RESOLUTION NO. 99-07 DENYING A LAND USE PERMIT REQUEST LUP 98-20 AND DEVELOPMENT PLAN REQUEST DP 98-38 TO ALLOW FOR THE CONVERSION OF AN EXISTING 7,500 +/- SQUARE FOOT OFFICE BUILDING INTO A 135-CHILD DAY CARE CENTER (APN: 200-040-012 - KIDZ UNLIMITED LEARNING CENTER) WHEREAS, Kidz Unlimited have requested approval of a Land Use Permit request LUP 98-20 and Development Plan request DP 98-38 to convert a 7,500 +/- square foot ministry center on a 3.2 +/- acre site; and WHEREAS, the subject site is located at 425 E1 Pintado Road and is further identified as Assessor's Parcel Number 200-040-012; and WHEREAS, the Town of Danville O-1; Limited Office District Ordinance require approval of a Land Use Permit prior to the establishment of a private school; and WHEREAS, the Town of Danville Municipal Code require approval of a Development Plan prior to the modification any part of the exterior of the project site; and WHEREAS, the Planning Commission recommend that the Town Council authorize the development of the new play areas, new landscaping, and new fence to occur within the "no- build" zones; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 23, 1999; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; 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 denies Land Use Permit request LUP 98-20 and Development Plan request DP 98-38 per the conditions contained herein, and makes the following findings in support of this action: Land Use Permits: The proposed land use will be detrimental to the to the health, safety, and general welfare of the Town." The land use will adversely affect the orderly development of property within the Town because the proposed project would not significantly change the existing development of the property. Development Plan: 1. The proposed development is not in conformante with the goals and policies of the General Plan: DENIED by the Danville Planning Commission at a Regular Meeting on FebmaW 23, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Jameson, Moran, Osborn Hunt, Rapp ~_.~~n~/~2,/ Chairma APPROVED AS TO FORM: City Attorney ; Chief of PAGE 2 OF RESOLUTION NO. 99-07