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HomeMy WebLinkAbout2006-22 RESOLUTION NO. 2006-22 DENYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND DENYING DEVELOPMENT PLAN REQUEST DP 2006-15 REQUESTING A NEW 6,550+/- SQUARE FOOT RESIDENCE LOCATED WITHIN A TOWN- IDENTIFIED MAJOR RIDGELINE AREA (APN: 206-170-010 - SKYVILLA, LLC) WHEREAS, SKYVILLA, LLC (Applicantf Owner) has requested approval of a Development Plan application to construct a 6,550 + / - square foot residence within a Town-identified Major Ridgeline area on a 10+/- 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 August 15, 2006; and WHEREAS, a Draft 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 a Mitigated Negative Declaration of Environmental Significance and denies Development Plan request DP 2006-15, 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 Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development would impact predominate views of a Town- identified Scenic Hillside or Major Ridgeline area as the home is not comparable in size with other homes in the area resulting in excessive massing of the home. 2. The proposed development is not in conformance with the goals and policies of the 2010 General Plan as the development would result in an overly massive home on a ridgeline. DENIED by the Danville Planning Commission at a special meeting on August 15,2006, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Nichols, Morgan, Osborn, Storer Condie, Combs, Graham, Moran (recused) APPROVED AS TO FORM: ~~~ airman ---- ?!~~ ~ PAGE 2 OF RESOLUTION 2006-22