HomeMy WebLinkAbout079-94RESOLUTION NO. 79-94
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVIIJ.E
DENYING THE APPEAL OF THE PLANNING COMMISSIONS
APRIL 26, 1994 APPROVAL AND APPROVING
LAND USE PERMIT LUP 93-30-STISCAK
WHEREAS, the Town of Danville has received a request for approval of a Land Use
Permit request (LUP 93-30) which would allow the operation of a maximum eight
person residential care home for ambulatory brain injured adults; and
WHE~, the subject site is located at 209 Farm Hill Court and is identified as
Assessor's Parcel Number 216-391-007; and
WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance
requires approval of a Land Use Permit to allow the operation of a residential care
(convalescent) home for more than six persons; and
WHEREAS, the Town's Planning Commission reviewed and approved the request on
April 26, 1994, after the Town received an appeal of the Town's administrative
approval of the proposed Land Use Permit by William Miskovetz, et. al., and
WHEREAS, the Town received an appeal of the Planning Commission's approval from
Farm Hill Court Residents, and
WHEREAS, the Town Council did review the project at a noticed public hearing on
June 21, 1994; 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 Town Council deny the
appeal and approve the Land Use Permit request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing;
PAGE 1 OF RESOLUTION NO. 79-94
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Danville
denies the appeal and approves the Land Use Permit request per the conditions
contained herein, and makes the following findings in support of the Land Use Permit
request:
1. The proposed project is consistent with the Danville 2005 General Plan.
.
That the proposed residential care facility will not be detrimental to the health,
safety and general welfare of the Town.
.
The residential care facility will not adversely affect the preservation of property
values and the protection of the tax base within the Town.
.
That the proposed residential care facility will not create a nuisance and/or
enforcement problem within the neighborhood or community.
.
That the proposed residential care facility will not adversely affect the orderly
development of property within the respective land use district in which the
subject property is located.
.
That the proposed residential care facility is appropriate to the lot, location and
neighborhood, and substantially meets the intent and purpose of the respective
land use district and the goals and policies set forth by the general plan.
CONDITIONS OF APPROVAL
0
This Land Use Permit authorizes the operation of a residential care home for a
maximum of eight ambulatory brain injured adults located at 209 Farm Hill Ct.
.
The applicant shall confirm to the Town in writing on or before July 1 of each
year following issuance of this Land Use Permit that the number of residents at
the facility does not exceed eight. The Town may further confirm at any time,
either on its own or at the request of any neighbor, that the number of
residents of the facility does not exceed eight. Violation of this Condition shall
be cause for revocation of the Land Use Permit as referenced in Condition #6,
below.
.
The applicant shall submit evidence to the Chief of Planning that the appropriate
licenses and permits to operate a residential care facility have been obtained
PAGE 2 OF RESOLUTION NO. 79-94
from the State of California and the Fire Department and are kept current.
,
No signs advertising the residential care facility shall be installed on the
property.
.
Residents of this facility shall not be permitted to maintain a motor vehicle at
this residence, or to drive a vehicle on a trip initiated or ended at this address.
.
At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with Section 26-2.2022 of the Danville Zoning
Ordinance.
.
The operator shall designate an area in the property's rearyard area or within
the residence as a waiting area for residents of the facility who arrive at the
facility when there are no attendants present. Residents shall be directed to wait
in these areas until attendants arrive at the facility.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, June
21, 1994, by the following vote:
AYES: Ritchey, Greenberg, Doyle,
NOES: None
ABSTAINED: None
ABSENT: None
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
./(~ITIr ATI'ORNEY
ATTEST:
CITY CLERK
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PAGE 3 OF RESOLUTION NO. 79-94