HomeMy WebLinkAbout2017-10RESOLUTION NO. 2O17.LO APPROVING A ONE-YEAR TIME EXTENSION AND AN AMENDMENT TO THE CONDITIONS OF APPROVAL TO REMOVE THE REQUIREMENT TO UNDERGROUND THE EXISTING IOINT UTILITY POLE AND OVERHEAD WIRES ALONG LA GONDA WAY FOR THE PREVIOUSLY APPROVED MAJOR SUBDTVTSTON SD 9382 (APN: 200-080-0L7, -013, -074 - ZARNEGAR) WHEREAS, Elham Zarnegar has requested a one-year time extension and an amendment to the conditions of approval to remove the requirement to underground the existing joint utility pole and overhead wires along La Gonda Way for previously approved Major Subdivision SD 9382. WHEREAS, the subject property is located at 805 & 813 La Gonda Way and is further identified as Assessor's Parcel Number 200-080-011., -013, -0'1.4; and WHEREAS, the Town of Danville Subdivision Ordinance allows for extensions of a previously approved tentative subdivision parcel map for a maximum time period oÍ24 months; and WHEREAS, the subject extension request constitutes the Íirst l2-rnonth extension, extending the valid time period for the approval until August24,2018; and WHEREAS, Condition of Approval G.8 of Town Council Resolution No. 2015-02 requires the removal of the existing joint utility pole and overhead wires along the frontage of the subject property; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September12,2017; and T THEREAS, th.e project h.as been found to be Categorially Exennpt frorn the requirements of the California Environmental Quality Act (CEQA), Section 15305, Class 5; 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, recoÍunendations, and testimony submitted in writing and presented at the hearing; now therefore, be it 1. 2. RESOLVED, that the Planning Commission of the Town of Danville approves a one- year time extension of Major Subdivision SD 9382 and the request to eliminate the Condition of Approval G.8 of Resolution No. 2015-02 related to the undergrounding of the existing joint utility pole and overhead wires along the La Gonda Way frontage and makes the following findings in support of this action: The proposed project is consistent with the Danville 2030 General Plan. The uses authorized and the subdivision of land are consistent with the requirements of the subject R-20; Single Family Residential District. Conditions within the neighborhood are substantially the same as the conditions under which the project was originally approved. The exercise of the previously approved Major Subdivision will not result in an adverse impact the health, safety, or welfare of the Town. The design of the subdivision and the type of associated improvements are in conformance with the surrounding developments. The requirement to underground existing joint utility poles and overhead wires along the La Gonda Way frontage would not necessitate the net decrease of utility poles or reduce a significant amount of overhead powerlines and wires along La Gonda Wuy. APPROVED by the Danville Planning Commission at a regular meeting on September 12,2017, by the following vote: AYES: Bowles, Combs, Graham, Haberl, Havlik, Radich NOES: ABSTAINED: HeuslerABSENT: Verriere Chairman APPROVED AS TO FORM: J 4 5 6 Attorney Chief PAGE 2 OF RESOLUTION NO. 2017:IO None