HomeMy WebLinkAbout2002-18RESOLUTION NO. 2002-18
DENYING THE APPEAL OF THE DESIGN REVIEW BOARD'S DENIAL OF
ALTERNATE SOLUTIONS TO PROVIDE FOR A DELINEATION
BETWEEN COMMON SPACE AND PRIVATE FRONT
YARDS WITHIN THE LAWRENCE ESTATES
RESIDENTIAL DEVELOPMENT
WHEREAS, the Lawrence Estates Homeowner's Association (OWNER) Paul Corrado
(APPLICANT) have requested approval of an appeal of the Design Review Board's denial of
alternate solutions to provide a delineation between common space and private front yards within
the Lawrence Estates residential development; and
WHEREAS, the appeal is related to the previous approval of revised Final Development Plan
DP 2001-39 conditionally allowing 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
provisions of a Final Development Plan; and
WHEREAS, the Planning Commission did review and conditionally approve Development Plan
request DP 2001-39 at a noticed public hearing on January 22, 2002; and
WHEREAS, at that meeting the Planning Commission included a condition of approval which
required that the applicant develop options for an alternate treatment to delineate the line
between the common areas and the private front yard areas and submit the options for review and
approval by the Design Review Board; and
WHEREAS, on May 16, 2002, the Design Review Board denied the options which had been
submitted by the applicant, siting that none of the alternatives provided a permanent vertical
element; and
WHEREAS, the applicant has appealed the Design Review Board's denial and is asking that the
Planning Commission approve one of the options denied by the Design Review Board; 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
appeal; 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 of the Town of Danville denies the appeal of the
Design Review Board's action and directs that the applicant develop additional options with a
vertical element and return to the Design Review Board for review and approval.
APPROVED by the Danville Planning Commission at a regular meeting on June 27, 2002 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Legg, Moran, Storer, Graham
Condie, Jameson
0sborn
Chairman
APPROVED AS TO FORM:
City Attorney /
Chief of ~
PAGE 2 OF RESOLUTION NO. 2002-18