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HomeMy WebLinkAbout2002-06RESOLUTION NO. 2002-06 APPROVINGREVISED FINAL DEVELOPMENT PLAN REQUEST DP 2001-39 RELATED TO THE REMOVAL OF A PREVIOUSLY APPROVED TWO-RAIL FENCE WITHIN THE LAWRENCE ESTATES RESIDENTIAL DEVELOPMENT WHEREAS, the Lawrence Estates Homeowner' s Association (OWNER) Paul Corrado (APPLICANT) have requested approval of a revised Final Development Plan request to allow the removal of the two-rail fence which was previously approved to be located between the 20-foot wide common landscape area adjacent to the street and the front yard of the adjacent homes; and WHEREAS, the subject site is located along Shelterwood Lane, Shelterwood Place, Ogawa Court, and Shelterwood Drive in the Lawrence Road area; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a revised Final Development Plan prior to the modification of previously approved previsions of a Final Development Plan; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 22, 2002; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA); 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 the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the heating; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves the Development Plan request (DP 2001-39), and makes the following findings in support of this action: The revised Final Development Plan will not be detrimental to the to the health, safety, and general welfare of the Town. The revised Final Development Plan will not adversely affect the orderly development of property within the Town. The revised Final Development Plan will not adversely affect the preservation of property values and the protection of the tax base within the Town. The revised Final Development Plan will not adversely affect the policy and goals as set by the 2010 General Plan. The revised Final Development Plan will not create a nuisance and\or enforcement problem within the neighborhood or community. The revised Final Development Plan will not encourage marginal development within the neighborhood. The existing sidewalk and a landscape design feature that will be required to be installed as part of this approval will provide a delineation between the common landscape area and the private front yards, substantially consistent with the intent of the previous approval and the Lawrence/Leema Road Specific Plan. CONDITIONS OF APPROVAL This approval authorizes the removal of the previously approved two-rail fence between the front yard property line and the 20 +/- foot wide commonly used landscape strip within the interior of the Lawrence Estates neighborhood. Along the property line which separates front yard areas and the 20 +/- foot wide commonly used landscape strip within the interior of the Lawrence Estates neighborhood, the applicant shall install a design feature to help delineate the common area from the private front yards. The type and design of this design feature shall be subject to review and approval by the Planning Division and the Design Review Board prior to removal of the two-rail fence. The design feature shall be installed within 60 days of the removal of the two-rail fence. APPROVED by the Danville Planning Commission at a regular meeting on January 22, 2002 by the following vote: AYES: NOES: ABSTAIN: - ABSENT: Legg Combs, Condie, Jameson, Moran, Osborn, Storer, Graham Chairman APPROVED AS TO FORM: City Attorney Chief of PI~ PAGE 2 OF RESOLUTION NO. 2002-06