HomeMy WebLinkAbout020-91RESOLUTION NO. 20-91
DENYING THE APPEAL BY GARY NAUMAN REGARDING CONDITION NO. 1.10
OF PUD 90-4 AND DENYING WITHOUT PREJUDICE THE 18.9 ACRE PORTION
OF PUD 90-4 INVOLVING THE NAUMAN PROPERTY (APN: 207-071-004)
WHEREAS, Parsons Rourke and Walker, representing an aggregation of seven
property owners and Sherburne Hills Properties have requested approval of a Preliminary
Development Plan for a Planned Unit Development (PUD 90-4) to establish a 41 lot
custom home single family development on 41.15 acres; and
WHEREAS, Gary Nauman, one of the property owners represented in the
aggregation owns APN: 207-071-004; and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan to establish a Planned Unit Development
District; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on October 23, 1990 and November 13, 1990; and
WHEREAS, the proper notice of this request was given in all respects as required
by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend approval of the request to Town Council; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing; and
WHEREAS, the Planning Commission approved Resolution No. 90-55, on
November 13, 1990, recommending the Town Council approve Preliminary Development
Plan PUD 90-4 subject to findings and conditions; and
WHEREAS, Condition I. 10 requires the recordation of a deed restriction to be
recorded on the Nauman parcel (207~071-004) relinquishing any future development
rights to the Town of Danville at the time of the recordation of a Final Parcel Map created
for one additional lot, approved under this Preliminary Development Plan; and
WHEREAS, Gary Nauman filed an appeal of Condition I. 10. on December 11,
1990 on the grounds that pursuant to the Danville General Plan, he is entitled to
subdivide APN 207-071-004 into three parcels or to participate in the transfer of
development rights while subdividing APN 207-071-004 into two lots; and
WHEREAS, the proper notice of this appeal was given in all respects as required
by law; and
PAGE 1 OF RESOLUTION 20-91
WHEREAS, a staff report was submitted recommending denial of the appeal to
Town Council; and
WHEREAS, the Town Council did conduct a public hearing on January 15, 1991
and considered all reports, recommendations, and testimony submitted in writing and
presented at the hearing; and
WHEREAS, the Danville Town Council determined that pursuant to the provisions
contained within the General Plan as regards the Sherburne Hills Road/Tassajara Lane
Special Concern Area, Gary Nauman could either apply to subdivide APN 207-071-004
into a maximum of three parcels or transfer development rights for the property (with no
additional subdivision) but that he could not secure approval for simultaneous
subdivision and development rights transfers; and
WHEREAS, the Danville Town Council determined that any consideration for a
three-parcel subdivision of the Nauman property could only be considered following a
critical review and analysis which could not be conducted at this time due to the absence
of a completed application and supporting documentation; and
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Danville hereby denies the appeal by Gary Nauman of Condition I. 10. contained in
Planning Commission Resolution No. 90-55 and further denies without prejudice that
portion of PUD 90-4 involving the Nauman property (APN: 207-071-004) and makes the
following findings in support of these actions:
.
As stipulated on page 45 of the Danville 2005 General Plan "...any landowner
within Subarea C (of the Sherburne Hills Rd./Tassajara Lane area) who chooses
to further develop his/her property beyond its present condition shall not be
eligible to participate in the density transfer formula."
o
APN 207-071-004 consists of 18.9 acres of Subarea C lands; the Danville General
Plan specifies a maximum residential density of one dwelling unit per every five
acres in Subarea C, providing that the site can be developed in a manner that is
consistent with the Scenic Hillside Major Ridgeline Ordinance; and be it
FURTHER RESOLVED that the denial of this portion of PUD 90-4 is made without
prejudice, and shall not prevent Nauman, the property owner of APN: 207-071-004 from
submitting a new application which complies with the intent and requirements of the
Danville 2005 General Plan, Zoning Ordinance, the Major Ridgeline and Scenic Hillside
Development Ordinance, and all other applicable Town ordinances and policies.
PAGE 2 OF RESOLUTION 20-91
APPROVED by the IY'"'ville Town Council at a Regular M,~"~'.ng on January 15, 1991, by
the following vote:
AYES:
Councilmembers Lane, Schlendorf, Ritchey, Shimansky and Mayor
Greenberg
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
NOTICE:
apmm24
The time within which you must seek judicial review of this decision is
governed by C.C.P. Section 1094.6.
PAGE 3 OF RESOLUTION 20-91