HomeMy WebLinkAbout023-89 RESOLUTION NO. 23-89
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE DENYING
A MINOR SUBDIVISION REQUEST FOR A 10.97 ± ACRE SITE KNOWN AS PARCEL
B OF SUBDIVISION 6850 LOCATED AT THE NORTHWEST TERMINUS OF
SUMMERFIELD COURT.
WHEREAS, Davidon Homes has requested approval of a Minor
Subdivision (MS 855-88) to resubdivide Parcel B of Subdivision 6850
(zoned P-l; Planned Unit Development District) into one 14,000±
square foot residential parcel and one common open space parcel;
and
WHEREAS, the State of California Subdivision Map Act and the
adopted Town of Danville Subdivision regulations require that no
real property may be divided into two or more parcels or lots for
purposes of sale, lease or financing unless a Tentative Map is
acted upon and a Final Map is approved consistent with the
Subdivision Map Act, and the Town of Danville Subdivision
Regulations; and
WHEREAS, the Planning Commission did review the project at a
noticed public hearing on November 14, 1988; and
WHEREAS, the Planning Commission did hear and consider all
said reports, recommendations and testimony as herein set forth;
and
WHEREAS, the Planning Commission denied the application per
the findings contained within Planning Commission Resolution No.
88-9; and
WHEREAS, Davidon Homes appealed the Planning Commission's
decision to Town Council; and
WHEREAS, proper notice of this request was given in all
respects as required by law for the Town Council hearing of
February 23, 1989; and
WHEREAS, the Staff Report was submitted recommending that the
appeal be denied; and
WHEREAS, the Town Council did hear and consider all said
reports, recommendations and testimony as herein set forth; and
WHEREAS, the Wood Ranch Final Development Plan designates the
site as a portion of the project's common open space area; and
WHEREAS, Natural Resources Policy 16.01 of the Danville 2005
General Plan (pg. 103) requires the preservation of open space
areas for scenic, active and passive purposes;
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NOW, THEREFORE, BE IS RESOLVED THAT the Town Council of the Town
of Danville hereby upholds the decision of the Planning Commission
to deny Minor Subdivision request MS 855-88, and makes the
following findings in support of this action:
1. That the common open space designation established by the
Wood Ranch Final Development Plan remains appropriate for
the subject site.
2. That no substantive benefit to the health, safety, and
welfare of the community is to be obtained by altering
the established land use.
3. That the project is inconsistent with Natural Resources
Policy 16.01 of the Danville 2005 General Plan which
requires the preservation of open space areas through the
Development Review Process.
4. That Section 66474 of the Subdivision Map Act requires
denial of a tentative map if inconsistent with the
General Plan.
PASSED, APPROVED AND ADOPTED THIS 23rdday of February , 1989
by the following vote:
AYES: Commissioners GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: Commissioners NONE ·
ABSTENTION: Commissioners NONE
ABSENT: Commissioners NONE
Mayor
ATTEST
APPROVED AS TO FORM:
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