Loading...
HomeMy WebLinkAbout204-89 EXHIBIT A RESOLUTION 204-89 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE UPHOLDING THE DECISION OF PLANNING COMMISSION WITH REGARD TO THE APPROVAL OF THE LAND USE PERMIT FOR JAY PERRY (LUP 89-21) AND AMENDING THE PROJECT CONDITIONS OF APPROVAL WHEREAS, Jaye Perry has requested approval of A Land Use Permit application (LUP 89-21) to allow establishment of a preschool facility in an existing residence at 495 Verona Avenue; and WHEREAS, the Planning Commission did review the Land Use Permit at a duly noticed hearing on October 23, 1989; and WHEREAS, proper notice was given in all respects as required by law for the Planning Commission public hearing of October 23, 1989; and WHEREAS, the Planning Commission received and considered the report and recommendations as submitted by Town staff as contained in the staff report to the Planning Commission dated October 23, 1989; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony presented prior to or during the public hearing; and WHEREAS, the Planning Commission reviewed and considered the Negative Declaration of Environmental Significance prepared for the project and found the Negative Declaration was complete and adequate, satisfying the requirements of the California Environmental Quality Act (CEQA): and WHEREAS, the Planning Commission adopted the Negative Declaration of Environmental Significance and acted to conditionally approve Land Use Permit request LUP 89-21, subject to the Findings and Conditions; and WHEREAS, on October 31, 1989 Jaye Perry filed an appeal of the Planning Commission's decision as regards Condition #F.5. requiring installation of curb, gutter and street widening along the property's frontages; and WHEREAS, on October 31, 1989 the Verona Avenue neighborhood property owners also filed an appeal of the Planning Commission decision approving the Land Use Permit (LUP 89-21) on the basis of concerns related to traffic, intrusion of non- residential land uses and other issues; and WHEREAS, the Town Council did review the appeal requests at a duly noticed public hearing on November 20, 1989; and, WHEREAS, proper notice was given in all respects as required by law for the Town Council public hearing on the appeals on November 20, 1989; and WHEREAS, the Town Council has received and considered the report and recommendations as submitted by the Town staff as contained in the staff report to the Town Council dated November 20, 1989; and WHEREAS, the Town Council did hear and consider all reports, recommendations and testimony presented prior to or during the public hearing; and be it RESOLVED, by the Town Council of the Town of Danville that the Town Council hereby finds as follows regarding Land Use Permit request LUP 89-21: 1. General Plan Policy 7.12 of the Danville 2005 General Plan (page 63) states that the Town should: "...consider child care facilities to be appropriate in existing neighborhoods where safe vehicular access and effective buffering of neighboring residences can be achieved."; 2. The proposed development is in conformance with all applicable zoning requirements; 3. The proposed development will not be detrimental to the health, safety and general welfare of the Community in that, as part of the project's development requirements, the project will make on-site and off-site circulation improvements; 4. The proposed development will not adversely affect the orderly development of property within the Community; 5. The proposed development will not adversely affect the preservation of property values and the protection of the tax base within the Community; 6. The proposed development will not adversely affect the policy and goals as set by the General Plan; 7. The proposed development will not create a nuisance and/or enforcement problem within the neighborhood or Community; 8. That special conditions and unique characteristics of the subject property and its location or surroundings are Dresent warranting the approval of this land use permit request. a. This property is bounded by a concrete drainage facility to the east and abuts only one residential property. 9. The proposed development will not encourage marginal development within the neighborhood; and be it FURTHER RESOLVED, the Town Council approves the appeal of the applicant, Jaye Perry, in part by revising the Conditions of Approval to omit Condition #F.5. requiring installation of frontage improvements and amending Condition #F.6. to require said improvements to be assured through a Deferred Improvement Agreement (i.e., installation of complete frontage improvements including curb, gutter sidewalk and street widening); and be it FURTHER RESOLVED, the Town Council hereby denies the appeal filed by Verona Avenue neighborhood and upholds the Planning Commission October 23, 1989 action conditionally approving Land Use Permit request LUP 89-21 subject to the revised Conditions of Approval contained in Attachment A; and be it FURTHER RESOLVED, the Town Council hereby directs Staff and the Applicant to revise the Preliminary Landscape Plan as necessary to insure that the landscaping installed along the property's Veda Drive and Verona Avenue frontages is sufficient in intensity to visually mitigate the presence of the proposed loop driveway and parking area while using a plant palette and planting design which is compatible with that utilized by other residences in the neighborhood; and be it FURTHER RESOLVED, the Town Council hereby also directs Staff and the Applicant to adjust the striping and directional signage utilized for the loop driveway and parking area to minimize, or eliminate, its visual impact on the surrounding neighborhood; and be it FURTHER RESOLVED, the Town Council hereby also directs Staff and the Applicant to explore possible options to improve/modify the existing roadway shoulder, without compromising the drainage facilities and without installation of pavement widing or formal frontage improvements with a goal of widening the travel- way of the property's frontages to aid in general circulation; and be it FURTHER RESOLVED, the Town Council direct the TQwn's Planning and Transportation Staff, by minute order, to initiate a neighborhood traffic assessment similar to the analysis conducted in the Montair School area and the Maiden Lane neighborhoods: PASSED, APPROVED AND ADOPTED this 20th day of November, 1989 by the following vote: AYES: NOES: ABSTAIN: / /~ ABSENT: I ~ ,-, ~ ~ ~YOR ATTEST: apmm7