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HomeMy WebLinkAbout091223-04.1 4.1 This is intended as a summary of actions only. Persons interested in greater detail may view the meeting video at danville.ca.gov/129/Meetings-Agendas-Minutes. Danville Planning Commission – Regular Meeting Summary of Actions - Draft August 8, 2023 1. CALL TO ORDER The regular meeting of the Danville Planning Commission was called to order by Chair Radich at 5:00 p.m. in the Town Meeting Hall, 201 Front Street, Danville, CA. Present: Paul Radich, Chair Mark Graham, Vice Chair Archie Bowles, Commissioner Robert Combs, Commissioner Ken Mintz, Commissioner Lou Palandrani, Commissioner Chris Trujillo, Chair Excused: Mary Grace Houlihan, Commissioner 2. CHANGES TO THE ORDER OF THE AGENDA There were no changes to the order of the agenda. 3. FOR THE GOOD OF THE TOWN There were no speakers. 4. CONSENT ITEMS 4.1 Consider approval of the Summary of Actions from the regular Planning Commission meeting of May 9, 2023 4.2 Consider approval of the Planning Commission meeting dates for 2024 Danville Planning Commission – Regular Meeting Summary of Actions - Draft August 8, 2023 2 MOTION BY VICE CHAIR GRAHAM, SECOND BY COMMISSIONER PALANDRANI TO APPROVE THE CONSENT CALENDAR MOTION CARRIED 7-0-0-1; COMMISSIONER HOULIHAN EXCUSED 5. PUBLIC HEARINGS 5.1 Consider approval of 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 legal non-conforming fence on the property located at 540 El Pintado Road Riley Anderson-Barrett, Assistant Planner presented the staff report. Chair Radich opened the item to the Commission for questions. Ms. Anderson-Barrett answered Commissioner Bowles’s question. Antonio Alvarez, the applicant, presented background information on the project and asked the commission to make an impartial decision based on what is fair and just. Chair Radich opened the item to the Commission for questions of the applicant. There were no questions for Mr. Alvarez. William Logan, lawyer for the appellant stated they wanted to address the issue of whether the Planning Commission is authorized by the ordinances of Danville to allow a fence that is nonconforming. George D’Olivo, the appellant addressed the safety issues that would be created by constructing a non-conforming fence. Chair Radich opened the item to the Commission for questions of the appellant. Mr. Logan and Mr. D’Olivo answered the Commissioner’s questions. Danville Planning Commission – Regular Meeting Summary of Actions - Draft August 8, 2023 3 Chair Radich opened the item for public comment. Beverly Barker, Danville resident and neighbor at 548 El Pintado Rd., is in favor of the six-foot fence due to the lack of privacy the three-foot fence provides to her property. Peter Solomon, Danville resident and neighbor at 619 Dolphin Dr., is in favor of the six-foot fence for an added level of privacy on his property. Chair Radich closed the item to public comment and opened the item for rebuttal. Mr. Alavarez stated his rebuttal and answered the Commissioner’s questions. Ms. Anderson-Barrett, Mr. Crompton and Robert Ewing, City Attorney, addressed the questions that were brought up. Chair Radich opened the item to the Commission for discussion. MOTION BY VICE CHAIR GRAHAM, SECOND BY COMMISSIONER MINTZ TO APPROVE 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 LEGAL NON-CONFORMING FENCE ON THE PROPERTY LOCATED AT 540 EL PINTADO ROAD MOTION CARRIED 7-0-0-1; COMMISSIONER HOULIHAN EXCUSED 6. COMMUNICATIONS 6.1 Planning Update by Chief of Planning David Crompton Mr. Crompton updated the Commission on the Housing Element. 7. COMMISSIONER REPORTS Danville Planning Commission – Regular Meeting Summary of Actions - Draft August 8, 2023 4 7.1 Commissioner Updates There were no Commissioner updates. 8. ADJOURNMENT The regular meeting of the Danville Planning Commission was adjourned at 6:35 p.m. ___________________________________ ____________________________________ David Crompton, Chief of Planning Kristine Meidberg, Administrative Asst.