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HomeMy WebLinkAbout95-13 EXHIBIT A RESOLUTION NO. 95-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE DENYING AN APPEAL AND APPROVING DEVELOPMENT PLAN REQUEST DP 95-05 -- DAVIDON HOMES (APN: 202-371-013) WHEREAS, Davidon Homes has requested approval of a Minor Development Plan (DP 95-05) to allow for a minor modification to the approved architecture for previously approved unit #3504. The modifications include increased square footage of the bonus room, a rear balcony for the master bedroom, and use of stone veneer rather than brick veneer for the front elevation, on a 16,000 square foot site; and WHERF~S, the subject site is located on the west side of Monza Ct., and is identified as lot 66 of SD 6886, and is further identified as Assessor's Parcel Number 202-371- 013; and WHEREAS, the P-l; Planned Unit Development District in which the property is located requires approval of a Final Development Plan prior to development of the project; and WHEPuEAS, subsequent modifications to previously approved architectural elevations require approval of a minor Development Plan to assure that the modification is consistent with the Preliminary Development Plan for the area; and WHEREAS, staff reviewed the request and found that the modification was consistent with the Preliminary Development Plan, minor in nature, constituted an upgrade, which would result in increased value of the property and the neighborhood; and WHERF~S, on February 14, 1995, staff mailed notice to surrounding property owners stating the Town's intent to approve the request; and WHEREAS, on March 6, 1995, the Town received an appeal of that decision on a petition signed by nine Hidden Valley property owners; and WHEREAS, the item was continued from the Planning Commission's April 25, 1995 meeting due to the lateness of the hour; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on May 23, 1995; and WHERF~S, the public notice of this action was given in all respects as required by law; and PAGE I OF RESOLUTION NO. 95-13 · WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and XVI-IE~S, 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 of the Town of Danville denies the appeal and approves the Development Plan (DP 95-05) per the cOnditions contained herein, and makes the following findings in support of this action: The development plan will not be detrimental to the to the health, safety, and general welfare of the Town. 0 The development plan will not adversely affect the orderly development of property within the Town or the subject neighborhood. The development plan will not encourage marginal development within the neighborhood. The proposed modifications are minor in nature and the resultant size and design of the unit in question will continue to be compatible with the existing and planned residences in the development. CONDITIONS: Except as may be modified by the conditions contained herein, this Development Plan approval (DP 95-05) for modified architecture for Lot 66 of Tract 6886 (Hidden Valley) shall be as shown on the plans labeled "Hidden Valley Summit", consisting of two sheets, dated received by the Planning Division on February 2, 1995. Prior to issuance of a building permit, the applicant shall submit written documentation that the requirements of the San Ramon Valley Fire Protection District and San Ramon Valley Unified School District have been met. Construction and grading activity shall be limited to weekdays during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the Chief Building Official. PAGE 2 OF RESOLUTION NO. 95-13 The applicant shall pay any and all City and other related fees that the property may be subject to as a result of the proposed development. These fees shall be based on the current fee schedules in effect at the time the building permit is secured. Within one week of the effective date of this permit, the applicant shall submit a check in the amount of $25.00 payable to the Contra Costa County Clerk, to cover costs associated with the filing of the Categorical Exemption with the County. The proposed balcony addition on the second story rear elevation shall be eliminated. The proposed second story window on the right elevation of the units master bedroom, shall be eliminated. APPROVED by the Danville Planning Commission at a Regular Meeting on May 23, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Bowlby, Hunt Osborn Jameson, Moran, Murphy APPROVED AS TO FORM: ' ty Attorney ' / pdcz77 PAGE 3 OF RESOLUTION NO. 95-13