HomeMy WebLinkAbout091-02RESOLUTION NO. 91-2002
APPROVING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF
OPTIONS WHICH HAVE BEEN SUBMITTED FOR THE
REPLACEMENT OF A TWO RAIL FENCE WITH AN
ALTERNATE PERMANENT DELINEATION TO
SEPARATE COMMON AREA FROM PRIVATE
FRONT YARD AREAS (LAWRENCE ESTATES)
WHEREAS, the Lawrence Estates Homeowner's Association (OWNER) Paul Corrado
(APPLICANT) have submitted an appeal of the Planning Commission's denial of an appeal of
the Design Review Board's denial of alternate solutions to provide a delineation between
common space and private front yards within the Lawrence Estates residential development; and
WHEREAS, the appeal is related to the previous approval of revised Final Development Plan
DP 2001-39 conditionally allowing the removal of the two-rail fence which was previously
approved to be located between the 20-foot wide common landscape area adjacent to the street
and the front yard of the adjacent homes; and
WHEREAS, the subject site is located along Shelterwood Lane, Shelterwood Place, Ogawa
Court, and Shelterwood Drive in the Lawrence Road area; and
WHEREAS, the Town of Danville P- 1; Planned Unit Development District Ordinance requires
approval of a revised Final Development Plan prior to the modification of previously approved
provisions of a Final Development Plan; and
WHEREAS, the Planning Commission did review and conditionally approve Development Plan
request DP 2001-39 at a noticed public hearing on January 22, 2002; and
WHEREAS, at that meeting the Planning Commission included a condition of approval which
required that the applicant develop options for an alternate t~eatment to delineate the line
between the common areas and the private front yard areas and submit the options for review and
approval by the Design Review Board; and
WHEREAS, on May 16, 2002, the Design Review Board denied the options which had been
submitted by the applicant, siting that none of the alternatives provided a permanent vertical
element; and
'vVHEREAS, the applicant appealed the Design Review Board's denial and requested that the
Planning Commission approve one of the options denied by the Design Review Board; and
WHEREAS, the Planning Commission did review and deny the appeal and the alternatives
submitted and took action directing the applicant to return to the Design Review Board and to
develop additional options which includes a permanent vertical element; and
WHEREAS, the applicant appealed the Planning Commission's denial and is requesting that the
Town Council approve one of the options denied by the Design Review Board; and
WHEREAS, the Town Council reviewed the appeal during a noticed public hearing during the
Town Council meeting on September 3, 2002; and
WHEREAS, the project has been found to be Categorically Exempt from the California
Environmental Quality Act (CEQA); 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 Town Council deny the appeal;
and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED, that the Town Council of the Town of Danville approves the appeal of the
Planning Commission's action allowing the removal of the two-rail fence which separates the
private front yard areas from the common landscape area; and, be it further
RESOLVED, that in approving the request the Town Council finds that there are special
circumstances related to the two-rail fence in the subject neighborhood, including the flawed
construction of the fence and the lot sizes in the neighborhood which results in multiple breaks in
the open space area by driveways serving the homes which reduced the value of the maintenance
of the separated open space area; and, be it further
RESOLVED, that the Town Council directs that the applicant install shrub roses sporadically
along the line between the private front yard areas and the common landscape area throughout
the neighborhood to replace the fence and the provide a common landscape treatment throughout
the neighborhood, and to modify the existing irrigation system to a more suitable and appropriate
form of irrigation for roses.
PAGE 2 OF RESOLUTION NO. 91-2002
APPROVED by the Danville Town Council at a regular meeting on September 3, 2002 by the
following vote:
AYES:
NOES:
ABSTAIN: None
ABSENT: Waldo
Arnerich, Doyle, Greenberg, Shimansky
None
WCE-MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 91-2002