HomeMy WebLinkAbout2004-23RESOLUTION NO. 2004-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 2004-19 ALLOWING
IN-HOME CARE FOR A MAXIMUM OF SIX (6) DOGS DURING THE DAY AND
IN-HOME CARE FOR A MAXIMUM OF FOUR (4) DOGS OVERNIGHT.
(APN: 218-177-004)
WHEREAS, LINDA MOTTA (Owner) has requested approval of Land Use Permit
request LUP 2004-19 to allow in-home care for a maximum of six (6) dogs during the
day and in-home care for a maximum of four (4) dogs overnight; and
WHEREAS, the subject site is located at 18 Meese Circle and is further identified as
Assessor's Parcel Number 218-177-004; and
WHEREAS, the Town of Danville Municipal Code requires approval of a Land Use Permit
prior to any land use not specifically allowed by right in a single family residential district;
and
WHEREAS, the Planning Conmnission did review the project at a noticed public hearing on
October 12, 2004; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); 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 Corm*nission 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 Land Use
Permit request LUP 2004-19 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.
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 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 2010 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
Each item is subject to review and approval by the Planning Division.
A. GENERAL
This approval is for land use permit request LUP 2004-19, allowing in-home
care for a maximum of six (6) dogs during the day and in-home care for a
maximum of four (4) dogs overnight.
Within 30 days of the effective date of this permit, the applicant shall
reimburse the Town for notifying surrounding neighboring residents of the
public hearing for this application. The reimbursement amount shall be
$105.00 (140 notices X $0.75 per notice).
o
There shall be no merchandise or services for sale except that produced from
or made on the premises. There shall be no exterior indication of the home
occupation and no exterior signs, permanent or temporary, shall be installed
to advertise the home business.
. No persons shall be employed, except the applicant, in the conduct of the in-
home dog care.
Dogs shall not be left out in the yard areas unsupervised. All dogs shall be
exercised under the applicant's supervision and shall generally be in the
home during hours of darkness.
PAGE 2 OF RESOLUTION NO. 2004-23
Outdoor kennels, crates, or other structures intended for the housing of dogs,
are prohibited.
The applicant shall maintain the yard fences in a secure condition as depicted
in the original proposal.
The property shall be kept in a sanitary manner.
The Land Use Permit is valid for an initial period of one (1) year. After one
year, the Chief of Planning may extend the period of the permit if it is
determined that the applicant has maintained all conditions of approval in a
satisfactory manner and that the land use has not resulted in a nuisance. The
Town reserves the right to extend or terminate the permit accordingly.
APPROVED by the Danville Planning Commission at a regular meeting on October 12,
2004, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Condie, Graham, Legg, Moran, Osborn, Storer
Jameson
APPROVED AS TO FORM:
City Attorney /
PAGE 3 OF RESOLUTION NO. 2004-23