HomeMy WebLinkAbout2023-09RESOLUTION NO. 2023-09
RESOLUTION NO. 2023-09, DENYING AN APPEAL AND UPHOLDING THE
TOWN’S ADMINISTRATIVE ACTION CONDITIONALLY APPROVING LAND
USE PERMIT REQUEST LUP23-0019 TO ALLOW THE CONSTRUCTION OF A 6’
HIGH FENCE TO BE BUILT BORDERING A PRIVATE ACCESS EASEMENT
WHERE A 5’ SETBACK IS REQUIRED FOR A FENCE THAT IS TALLER THAN 3.5
FEET. THIS FENCE WOULD NOT UTILIZE A 5’ SETBACK BUT WOULD BE
INSTALLED OUTSIDE OF THE PRIVATE ACCESS EASEMENT AND WOULD
REPLACE A PRE-EXISTING 6’ TALL NON-CONFORMING FENCE ON THE
PROPERTY LOCATED AT 540 EL PINTADO ROAD (APN 196-162-012)
WHEREAS, Antonio Alvarez (owner of 540 El Pintado Road/applicant) applied for Land
Use Permit request LUP23-0019 to allow for the construction of a six foot tall fence
located within the five foot setback required for a fence taller than 3.5 feet; and
WHEREAS, the subject site is located at 540 El Pintado Road and is further identified as
Assessor’s Parcel Number 196-162-012; and
WHEREAS, the Town administratively approved Land Use Permit request LUP23-0019
on June 7, 2023, with an appeal period to end on June 19, 2023; and
WHEREAS, an appeal filed by William Logan representing Lisa and George D’Olivo
(owners of 546 El Pintado Road/appellants) in response to the Appealable Action Letter
supporting Land Use Permit request LUP23-0019 was received on June 16, 2023; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303, Class 3, New
Construction or Conversion of Small Structures; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on August 8, 2023; and
WHEREAS, the public notice of this action was given in all respects as required by law;
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 denies the appeal and upholds the Town’s
administrative action conditionally approving Land Use Permit request LUP23-0019
subject to the conditions contained herein, and make the following findings in support of
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this action:
FINDINGS OF APPROVAL:
1.The proposed fence would replace a previous fence which historically existed on the
property in the same location and with the same height prior to March of 2023;
2.The proposed location of the fence borders a private access easement which primarily
serves only one property, 546 El Pintado Road, but retains legal access by 540 El
Pintado, the property on which the fence is located;
3.The proposed land use will not be detrimental to the health, safety and general
welfare of the Town;
4.The proposed land use will not adversely affect the orderly development of property
within the Town;
5.The proposed land use will not adversely affect the preservation of property values
and the protection of the tax base within the Town;
6.The proposed land use will not adversely affect the policy and goals as set by the
General Plan;
7.The proposed land use will not create a nuisance and/or enforcement problem within
the neighborhood or community;
8.The proposed land use will not encourage marginal development within the
neighborhood.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
CONDITIONS OF APPROVAL:
1.This approval is for the construction of a 6’ fence located at the edge of a private access
easement running through 540 El Pintado Road. Activities authorized through this land
use approval shall be substantially consistent with the applicant’s project narrative
received by the Planning Division on May 30, 2023.
2.Any expansion or modification of the use shall be subject to review and approval by the
Planning Division under a separate Land Use Permit application.
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PAGE 3 OF RESOLUTION NO. 2023-09
3.Personnel from the Danville Planning and Building Division have the right, under the
terms of this land use permit, to make on-site inspections to assure compliance with these
conditions of approval.
4. At any time during the effectiveness of this approval, the approval shall be revocable for
cause in accordance with sections 32-4.15 through 32-4.19 of the Danville Municipal Code,
including failure to comply with these conditions of approval if the applicant has caused
or permitted any public nuisance in connection with the use.
5.Prior to construction, evidence shall be provided to the Town verifying that the proposed
fence will not be located within the access easement.
APPROVED by the Danville Planning Commission at a regular meeting on August 8,
2023, by the following vote:
AYES: Radich, Graham, Bowles, Combs, Mintz, Palandrani, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Houlihan
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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