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RESOLUTION NO. 2006-13
DENYING WITHOUT PREJUDICE DEVELOPMENT PLAN REQUEST
DP 2005-06 RELATED TO AN APPLICATION TO BUILD A 7,142 +j-
SQUARE FOOT HOME WITHIN A TOWN-IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 206-170-010 - Skyvilla, LLC
WHEREAS, SKYVILLA, LLC (Applicantj Owner) has requested approval of a
Development Plan application to construct a 7,124 + j - square foot residence within a
Town-identified Major Ridgeline area on a 10+ j - acre site; and
WHEREAS, the applicant is requesting an exception to the Town's Major Ridgeline and
Scenic Hillside Ordinance to allow development of the residence within 100 vertical feet
of a Major Ridgeline; and
WHEREAS, the subject site is located at 1621 Lawrence Road and is further identified
as Assessor's Parcel Number 206-170-010; and
WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Ordinance
requires approval of a Development Plan prior to the development of a residence
within a Major Ridgeline area; and
WHEREAS, the .Planning Commission did review the project at a noticed public
hearing on June 27, 2005; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as mitigated through recommended conditions
of approval, no significant negative environmental impacts are expected to be
associated with this project; 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
approve the request; 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 without
prejudice Development Plan request DP 2005-06, and makes the following findings in
support of this action:
FINDINGS
1. The proposed siting and architecture of the new residence will conflict with the
intent and purposes of Section 32-69.1.b.7. ("Scenic Hillside and Major Ridgeline
Development"), in that the proposed development is too large for the receiving
pad area, resulting in the loss of the scenic view of the Major Ridgeline and the
loss of the sense of identity and image that this area now imparts to the Town
and its environs.
2. The proposed development is not in conformance with the goals and policies of
the 2010 General Plan in that Policy 2.02 requires the preservation of the Town's
visual qualities and the identity of its neighborhoods by restricting development
on visible ridges and hillsides. While the Town acknowledges the owners right
to build on this existing parcel consistent with Town regulations, the size of the
residence (7,142 + / - square feet with an additional 1,200 + / - square feet of
garage area) is too large for the receiving pad area. As a result, the residence
would be built to the edge of, and over in some cases, the pad area, extending
down the slope. A smaller home, more centralized on the pad, would reduce site
lines to the residence from below, therefore substantially reducing the visibility
of the residence.
3. The proposed siting, grading, landscaping and architecture are such that the
development will conflict with the purposes set forth in subsection 32-69.1.b.1. in
that, because of the large size of the home as it relates to the receiving pad area
the development would not affectively preserve significant features of the Major
Ridgeline area in essentially its natural state as part of a comprehensive open
space system.
be it further
RESOLVED that the Planning Commission of the Town of Danville encourages the
applicant to re-apply for a Development Plan application which addresses the above
concerns for further consideration.
PAGE 2 OF RESOLUTION NO. 2006-05
APPROVED by the Danville Planning Commission at a regular meeting on June 27,
2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Chairman
APPROVED AS TO FORM:
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City Attorney 7
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PAGE 3 OF RESOLUTION NO. 2006-05