HomeMy WebLinkAbout028-98RESOLUTION NO. 28-98
APPROVING THE APPEAL BY ALBERT BJORGUM OVERTURNING THE
PLANNING COMMISSION'S APPROVAL AND DENYING LAND USE PERMIT
APPLICATION LUP 97-20 REQUESTING THE USE OF AN EXISTING
HOUSE FOR PLANO AND KEYBOARD LESSONS WITH A
MAXIMUM CAPACITY OF 70 STUDENTS PER WEEK
(790 DIABLO ROAD - MCMANUS)
WHEREAS, Colin and Lynda McManus have requested approval of a Land Use Permit to allow an
existing single family residence to be utilized as a private school for piano and keyboard lessons on a
°33_+ acre site with a maximum capacity of 70 students per week; and
WHEREAS, the subject site is located on the west side of Diablo Road, at the southwest comer of
Diablo Road and Betten Court at 790 Diablo Road, and is further identified as Assessor's Parcel
Number 196-270-027; and
WHEREAS, the Town of Danville Single Family Residential Districts require approval of a Land
Use Permit to operate a private school for piano and keyboard lessons; and
WHEREAS, the Planning Commission did review and unanimously approve the Land Use Permit
during a noticed public hearing on December 9, 1997; and
WHEREAS, the Town received a letter from Albert Bjorgum appealing the Planning Commission's
approval of the Land Use Permit; and
WHEREAS, the Town Council did review the Land Use Permit during a noticed public hearing on
February 3, 1998; 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 approve the request;
and
WHEREAS, the project has been found to be Categorically Exempt from further review under the
California Environmental Quality Act as the proposed project consists of the partial conversion of an
existing structure and the temporary use of the land as a piano school; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony,
photos and other evidence presented at the hearing; now, therefore, be it
RESOLVED that the Danville Town Council denies the Land Use Permit request and makes the
following findings in support of this action:
1. Traffic generated from the proposed piano/keyboard school would be significantly greater
than traffic generated from a typical single family home resulting in adverse negative impacts
on the surrounding neighborhood. Specifically, the average number of daily trips (Monday
through Saturday) would be approximately five times that of an average single family
residence, exacerbated by the fact that the trips would be focused during after school hours
and not spread throughout the day.
The piano school will adversely affect the orderly development of property within the Town..
The Diablo Road corridor has a General Plan Land Use Designation of Residential - Single
Family, and the addition of further commercial uses is inconsistent with the existing
residential neighborhood.
The piano school is not consistent with the policies and goals as set by the General Plan in
that the piano school would impact the preservation of an existing single family
neighborhood. The site in question serves as the entrance into the Betten Court
neighborhood.
The proposed piano/keyboard is not appropriate in the proposed location as it would
constitute a commercial land use within a residential neighborhood and would encourage
further non-residential uses along the Diablo Road corridor.
The proposed piano/keyboard school would establish a precedent for further non-residential
development within the Diablo Road corridor.
The unique characteristics and location of the subject site are not appropriate for the
proposed private piano school due to the narrow width of Betten Court and traffic impacts on
the heavily traveled Diablo Road.
APPROVED by the Danville Town Council at a regular meeting on February 3, 1998 by the
following vote:
AYES: Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 28-98
