HomeMy WebLinkAbout2013-19RESOLUTION NO. 2013-19
DENYING DEVELOPMENT PLAN REQUEST DEV13-0070 AND AMENDING THE
CONDITIONS OF APPROVAL FOR MAJOR SUBDIVISION REQUEST SD 9204, A
PREVIOUSLY APPROVED NINE -LOT RESIDENTIAL SUBDIVISION,
RELATED TO THE UNDERGROUNDING OF EXISTING
OVERHEAD UTILITY LINES AND A SHARED
PARKING REQUIREMENT
(APN: 218-371-010)
WHEREAS, GLENNMONT, LLC (Owners) have requested approval of an amendment
to the conditions of approval for previously approved Major Subdivision request SD
9204 to eliminate a condition of approval requiring the developer to remove the existing
joint power pole at the southwest corner of the property and undergrounding the
existing overhead utility lines along the site's Camino Ramon frontage; and
WHEREAS, the applicant is also requesting to amend the project approval to reduce the
required number of project parking spaces by allowing the adjacent Valley Parent
Preschool facility to have exclusive rights to six previously shared parking spaces; and
WHEREAS, the subject .76 acre site is located north of El Capitan Drive on Camino
Ramon; and
WHEREAS, Condition of Approval H.11 of Town Council Resolution No. 14-2010
requires the removal of the existing joint utility pole at the southwest corner of the
property which terminates the overhead utility alignment and serves as the transition
point for the underground joint trench that extends to the south and shall provide an
underground joint trench across the frontage of the subject property; and
WHEREAS, the Planning Commission did review the request at a noticed public
hearing on November 12, 2013; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
deny Development Plan request DEV13-0070 and add a condition of approval
amending Condition of Approval H.11 of Town Council Resolution No. 14-2010,
allowing the applicant to enter into a deferred improvement agreement with the Town
for undergrounding utilities; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
add a condition of approval to the project allowing the six parking spaces previously
approved to be shared with the adjacent Valley Parent Preschool facility to be provided
for the exclusive use of the preschool; and
WHEREAS, the Planning Commission did consider the request in writing and
presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville denies the request
to eliminate Condition of Approval H.11 of Town Council Resolution No. 14-2010 and
amends the condition to allow the applicant to enter into a deferred improvement
agreement with the Town for undergrounding utilities, amends Conditions of Approval
I.4. of Resolution No. 14-2010 requiring that the CC&Rs for the project include a
provision for all property owners within the subdivision to make regular payments into
a fund for a ten year period in an amount equal to the estimated cost of future
undergrounding of the utilities (as determined by the City Engineer), and amends the
project conditions to allow for the exclusive use of six parking spaces by Valley Parent
Preschool, and makes the following findings in support of this action:
1. The design of the subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan.
2. The design of the subdivision is in substantial conformance with the applicable
zoning regulations.
3. The design of the subdivision and the type of associated improvements are in
conformance with the surrounding developments.
4. A deferred improvement agreement would allow for the Town to require
undergrounding utilities in front of 943 Camino Ramon when other properties to
the north along Camino Ramon are also undergrounding utilities.
5. The proposed project will exceed the on -site parking requirement as specified
within the Town's Multiple Family Residential Ordinance even with the loss of
the six shared parking spaces.
PAGE 2 OF RESOLUTION NO.2013-19
APPROVED by the Danville Planning Commission at a regular meeting on November
12, 2013, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Heusler, Overcashier,
Radich
NOES: -
ABSTAINED: -
ABSENT: -;
Chairman
APPROVED AS TO FORM:
City Attorney Chief 4 Plan. ng
PAGE 3 OF RESOLUTION NO.2013-19