HomeMy WebLinkAbout2023-11RESOLUTION NO. 2023-11
RESOLUTION NO. 2023-11, APPROVING AN APPEAL BY MARC AND
MICHELLE COLLOPY OF THE TOWN’S DENIAL OF LAND USE PERMIT
REQUEST LUP23-0025 TO ALLOW A SPECIAL EVENT FOR AUBURN LOUNGE
ON SEPTEMBER 10, 2023, INCLUDING AN EXPANDED OUTDOOR USE AREA IN
THE ADJACENT COURTYARD AND LIVE AMPLIFIED OUTDOOR MUSIC. THE
SITE IS LOCATED AT 321 HARTZ AVENUE (APN: 199-350-038)
WHEREAS, Marc and Michelle Collopy (Owner/Appellant) applied for a Land Use
Permit (LUP23-0025) to allow outdoor special events for August 20, 2023, and September
10, 2023, for Auburn Lounge. The proposed special events would include an expanded
outdoor seating and fenced area within the adjacent courtyard, and a live band using
amplified music; and
WHEREAS, the subject site is located at 321 Hartz Avenue and is further identified as
Assessor’s Parcel Number 199-350-038; and
WHEREAS, the Town administratively denied Land Use Permit request LUP23-0025 on
August 11, 2023; and
WHEREAS, an appeal of the denial was filed by Marc and Michelle Collopy, owners of
the Auburn Lounge Business, on August 18, 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 September 12, 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 approves the appeal and approves Land Use
Permit request LUP23-0025 subject to the findings contained herein, and;
RESOLVED, the Planning Commission directed the Planning Division to approve the
next requested special event for Auburn Lounge with the allowance of outdoor amplified
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music and that future additional Land Use Permits may be approved depending upon
an evaluation of the first event related to compliance with conditions of approval and
impacts on other businesses in the vicinity.
FINDINGS OF APPROVAL:
1.The proposed one-day controlled events will not be detrimental to the health,
safety, and general welfare of the Town.
2.The land use will not adversely affect the orderly development of property within
the Town.
3.The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
4.The land use will not adversely affect the policy and goals as set by the Danville
2030 General Plan.
5.The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community.
6.The land use will not encourage marginal development within the neighborhood.
APPROVED by the Danville Planning Commission at a regular meeting on September
12, 2023, by the following vote:
AYES: Bowles, Combs, Graham, Mintz, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Houlihan
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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