HomeMy WebLinkAbout038-95RESOLUTION NO. 38-95
DENYING THE APPEAL BY EUGENE DEBOLT AND JAMES JOHNSON UPHOLDING
THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF MINOR
SUBDIVISION REQUEST MS 852-94 -- A REQUEST TO SUBDIVIDE A 2.56+/-
ACRE SITE INTO THREE SINGLE FAMILY PARCELS
(APN: 200-090-009 & 022)
WHEREAS Jim Johnson has requested approval of a request to subdivide a 2.56+/-
acre site into three parcels; and
WHEREAS the subject site is located at 786 and 800 Danville Boulevard, and is
further identified as Assessor's Parcel Numbers 200-090-009 & 022; and
WHEREAS the Town of Danville Subdivision Ordinance requires approval of a
tentative map prior to recordation of a final parcel map; and
WHEREAS the Planning Commission did review the project at a noticed public
hearing on December 13, 1994; and
WHERF~S the Planning Commission denied the proposed minor subdivision without
prejudice on December 13, 1994; and
WHERF~S Mr. Eugene DeBolt on behalf of James Johnson appealed the Planning
Commission's decision by way of an appeal letter dated December 20, 1994; 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 Town Council deny the
appeal and uphold the Planning Commission's decision to deny the request without
prejudice; and
WHERF~S, the Town Council did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing;
WHEREAS, new information was presented to the Town Council which was not
reviewed by the Planning Commission;
WHERF~S, the Town Council determined that the Planning Commission should have
an opportunity to review this new information prior to any final determination on
Minor Subdivision request MS 852-94; now, therefore, be it
RESOLVED that the Town Council of the Town of Danville dcnic~ the appeal and
upholds the Planning Commission action of December 13, 1994 to deny Minor
Subdivision request MS 852-94 without prejudice and makes the following findings in
support of this action:
.
New information was presented at the Town Council meeting which was not
reviewed by the Planning Commission.
.
It is appropriate that the new information presented at the Town Council
meeting be reviewed by the Planning Commission prior to any action on this
item.
BE IT FURTHER RESOLVED that the Town Council hereby waives any application
fees or any necessary appeal fees for Minor Subdivision request MS 852-94;
BE IT FURTHER RESOLVED that the Town Council directs the applicant to provide
the following information to the Planning Commission for further review:
.
Demonstrate that there are three appropriate building envelopes for each
of the three proposed parcels.
.
A third party review shall be completed by a certified arborist to review
the adequacy of the proposed catch basins intended to mitigate any
impacts associated with grading of the site
.
Mitigation measures shall be explored to mitigate the visual impacts of
the proposed cribwall
.
A trash enclosure location shall be incorporated into the proposed design
that will serve each proposed parcel and the existing Gentile residence.
.
The applicant shall provide indication of the intent to utilize Moss Creek
Court as the haul route for importation of fill material to the subject site.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
February 21, 1995, by the following vote:
AYES: Greenberg, Shimansky, Waldo
NOES: Doyle, Ritchey
ABSTAINED: None
ABSENT: None
MAYOR
APPROVED AS TO FORM:
ATTEST:
i
CITY ATTORNEY
CITY CLERK
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