HomeMy WebLinkAbout135-01RESOLUTION NO. 135-2001
DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
ACTION FINDING THAT, AFTER REVIEWING OPERATION OF THE DEL
AMIGO POOL FOR ONE SWIM SEASON, IT IS NOT NECESSARY
AT THIS TIME TO MODIFY THE PREVIOUSLY APPROVED
CONDITIONS OF APPROVAL RELATED TO THE
OPERATIONAL ASPECTS OF SITE ACTIVITIES
FOR LAND USE PERMIT LUP 2000-16
RELATED TO THE OPERATION OF
THE DEL AMIGO POOL
(APN: 201-182-009)
WHEREAS, on February 27, 2001, Del Amigo Pool Association (DAPA) (Applicant/Owner)
received approval from the Danville Planning Conm~ission of Land Use Permit request LUP
2000-t 6, Development Plan request DP 2000-44, and Variance request VAR 2000-27 allowing
the operation of a private pool facility within a single family residential neighborhood, allowing
the renovation of an existing private recreational pool facility, and securing setback variance
approval for ancillary structures associated with the renovation on a .95 acre site; and
WHEREAS, a Condition of Approval of Land Use Permit LUP 2000-16 required that the
Planning Commission review the effectiveness of the operational aspects of the Land Use Permit
after the completion of one swim season to determine if it was necessary to modify the
conditions of approval to further mitigate any impacts on the neighborhood caused by the
operation of the facility; and
WHEREAS, on October 9, 2001 the Planning Commission held a public hearing to review the
effectiveness of the operational aspects of the Land Use Permit after the completion of one swim
season and found that it was not necessary to modify the conditions of approval at that time; and
WHEREAS, seven nearby property owners have appealed the Planning Commission's action
finding that it is not necessary at this time to modify the previously approved conditions of
approval; and
WHEREAS, the subject site is located at 609 Glen Road and is further identified as Assessor's
Parcel Number 20 I-182-009; and
WltEREAS, the Town Council did review the appeal at a noticed public hearing on December
18, 2001; and
PAGE 1 OF RESOLUTION NO. 135-2001
WHEREAS, the review of this appeal 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 staffreport 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 Town Council of the Town of Danville denies the appeal and upholds the
Planning Commission's action.
APPROVED by the Danville Town Council at a regular meeting on December 18, 2001 by the
following vote:
AYES: Waldo, Arnerich, Greenberg, Shimansky
NOES: None
ABSTAIN: None
ABSENT: Doyle
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 OF RESOLUTION NO. 135-2001