HomeMy WebLinkAbout2023-07RESOLUTION NO. 2023-07
RECOMMENDING THAT THE TOWN COUNCIL APPROVE REZONING PUD23-
0001 TO REZONE TWO PARCELS WITH A GENERAL PLAN LAND USE
DESIGNATION OF RESIDENTIAL - RURAL RESIDENTIAL FROM A-2;
GENERAL AGRICULTURAL DISTRICT TO P-1; PLANNED UNIT
DEVELOPMENT DISTRICT TO ALLOW FOR THE ESTABLISHMENT OF
ZONING STANDARDS THAT ARE CONSISTENT WITH THE SURROUNDING
NEIGHBORHOOD
WHEREAS, Andrew and Brandy Snider (Owner/Applicant of 1065 Westridge Ave), and
Robert and Sheila Legg (Owner/Applicant of 1069 Westridge Ave) have requested
approval of Rezoning request PUD23-0001 to allow for the rezoning of two parcels with
a General Plan Land Use Designation of Residential - Rural Residential from A-2; General
Agricultural District to P-1; Planned Unit Development District; and
WHEREAS, the subject site is located at 1065 and 1069 Westridge Ave. is further
identified as Assessor’s Parcel Numbers 208-361-009 and 208-361-010; and
WHEREAS, both of the subject parcels are legal non-conforming parcels in size, as the
parcel located at 1065 Westridge Ave. is 1.65 acres and the parcel located at 1069
Westridge Drive in 1.63 acres while the site’s General Plan Land Use Designation and
current zoning requires a minimum lot size of 5 acres; and
WHEREAS, this approval would serve to rezone the properties from A-2; General
Agricultural District to P-1; Planned Unit Development District; and
WHEREAS, for the Residential – Rural Residential Designation the Town’s General Plan
lists the A-2; General Agricultural District and P-1; Planned Unit Development District
as compatible zoning districts; and
WHEREAS, the Rezoning would allow for the establishment of zoning standards that are
consistent with surrounding properties; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance
requires Planning Commission and Town Council approval for Rezonings; and
WHEREAS, this project has been found to be Categorically Exempt from the
requirements of the California Environmental Quality Act (CEQA), Section 15305, Class
5, Minor alterations in land use limitations.; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on April 25, 2023; and
DocuSign Envelope ID: B4B2791C-507D-4B84-AB8E-4602BC5EAEC7
PAGE 2 OF RESOLUTION NO. 2023-07
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends that
the Town Council approves Rezoning request PUD23-0001 subject to the conditions
contained herein, and make the following findings in support of this action:
FINDINGS OF APPROVAL
Rezoning
1.The proposed rezoning of the site to P-1; Planned Unit Development District
(PUD) is consistent with the Danville 2030 General Plan. The existing residential
development is within the permitted development density under the property’s
Residential - Single Family - Rural Residential (1 dwelling units per 5 acres) land
use designation.
2.The existing uses are compatible with the proposed P-1; Planned Unit
Development District zoning designation and the uses authorized by zoning on
adjacent and neighboring properties with R-15; Single Family Residential zoning
designations.
3.The proposed rezoning will allow for the project site to observe the same privileges
maintained by surrounding properties with Single Family Residential zoning
designations.
CONDITIONS OF APPROVAL
Each item is subject to review and approval by the Planning Division unless otherwise
specified.
A. GENERAL
1.This approval allows for the rezoning (PUD23-0001) of a 1.65 acre property
located at 1065 Westridge Avenue and a 1.62 acre property located at 1069
Westridge Avenue from A-2; General Agricultural to P-1; Planned Unit
Development District to allow for the establishment of zoning standards
that are consistent with the surrounding neighborhood. No development
DocuSign Envelope ID: B4B2791C-507D-4B84-AB8E-4602BC5EAEC7
PAGE 3 OF RESOLUTION NO. 2023-07
is currently being proposed.
2.Prior to issuance of building permit the applicant shall reimburse the Town
for notifying surrounding residents. The fee shall be $384.50 ($120 plus 110
notices x $0.83 per notice x two notices + $81.90 for the newspaper posting).
B. SITE PLANNING
1.Allowable land uses, conditional land uses, and development standards
shall be consistent with the Town Single Family Residential District
Ordinance for the R-15 Single Family Residential. However, as required
under the site’s Residential – Rural Residential Land Use Designation, the
minimum lot size shall continue to be five acres.
APPROVED by the Danville Planning Commission at a regular meeting on April 25,
2023, by the following vote:
AYES: Combs, Graham, Palandrani, Radich, Trujillo
NOES: Bowles, Houlihan
ABSTAINED: None
ABSENT: None
_____________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________
CITY ATTORNEY
_____________________________
CHIEF OF PLANNING
DocuSign Envelope ID: B4B2791C-507D-4B84-AB8E-4602BC5EAEC7