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RESOLUTION NO. 2006-19
DENYING LAND USE PERMIT REQUEST LUP 2006-09
FOR THE OPERATION OF A PET CARE FACILITY
(APN: 218-040-043 - PUppy PLAYLAND)
WHEREAS, JAMES AND ROBIN BARBOUR (Applicant) have requested approval of a
Land Use Permit request LUP 2006-09 to allow the operation of a pet care facility, including
the boarding, grooming and day care of dogs and cats in a 6,907 + / - square foot facility;
and
WHEREAS, the subject site is located at 3420 Fostoria Way and is further identified as
Assessor's Parcel Number 218-040-043; and
WHEREAS, the Town of Danville Zoning Ordinance requires approval of a Land Use
Permit prior to the establishment of a kennel facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
August 15,2006 and September 26, 2006; and
WHEREAS, the application has been found to be Categorically Exempt from the
requirements of 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 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 2006-09, and makes the following findings in support of this action:
Land Use Permit
1. The proposed land use could potentially be detrimental to the health, safety, and
general welfare of the Town.
2. The land use will adversely affect the orderly development of property within the
Town.
3. The land use will or could potentially adversely affect the preservation of property
values and the protection of the tax base within the Town.
4. The land use will adversely affect the policy and goals as set by the 2010 General
Plan.
5. The land use will create a nuisance and/or enforcement problem within the
neighborhood or community.
6. The land use will encourage marginal development within the neighborhood.
APPROVED by the Danville Planning Commission at a regular meeting on September 26,
2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Nichols, Osborn, Storer
Condie, Moran
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APPROVED AS TO FORM:
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City Attorney )
PAGE 2 OF RESOLUTION NO. 2006-19