HomeMy WebLinkAbout2008-10
RESOLUTION NO. 2008-10
SETTING ASIDE RESOLUTION NO. 2007-02, WHICH RECOMMENDED
THAT THE TOWN COUNCIL APPROVE A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, PRELIMINARY
DEVELOPMENT PLAN-REZONING REQUEST PUD 2004-04, FINAL
DEVELOPMENT PLAN-MAJOR SUBDIVISION REQUEST SD 8919 AND TREE
REMOV AL REQUEST TR 2006-02 (333 HILL ROAD, APN: 196-310-004,
DA VIDON HOMES)
WHEREAS, on February 27, 2007, the Danville Planning Commission adopted
Resolution No. 2007-02, recommending that the Town Council approve a mitigated
negative declaration of environmental significance, preliminary development plan-
rezoning request PUD 2004-04, final development plan-major subdivision request SD
8819 and tree removal request TR 2006-02 (APN 196-310-002, 004-Davidon Homes); and
WHEREAS, the Danville Town Council subsequently adopted the Planning
Commission's recommendation and approved the project; and
WHEREAS, a lawsuit was filed by Citizens for Civic Accountability (Contra Costa
County Superior Court No. MSN07-1359) challenging the adequacy of the mitigated
negative declaration and Initial Study prepared by the Town for this development
project; and
WHEREAS, on March 5,2008, the Superior Court issued a Decision Upon Motions For
Judgment, finding that the negative declaration was adequate for all issues except tree
removal and finding that the Town should prepare an Initial Study specifically
addressing tree removal and cumulative impacts related thereto; and
WHEREAS, on April I, 2008, the Superior Court issued a Peremptory Writ of
Mandating commanding the Town to, among other things, set aside the approval of
Planning Commission Resolution No. 2007-02; now, therefore, be it
RESOLVED, that the Planning Commission of the Town of Danville hereby sets aside
its approval of Resolution No. 2007-02 and the recommendations contained therein.
APPROVED by the Danville Planning Commission at a regular meeting on May 13,
2008 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Combs, Condie, Morgan, Nichols, Osborn, Storer, Welch
Antoun
AFPROVED AS TO FORM:
ATTEST:
(JlL~ec:;;
City Attorney )
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