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HomeMy WebLinkAbout081523-06.5ADMINISTRATIVE STAFF REPORT 6.S TO: Mayor and Town Council August 15, 2023 SUBJECT: Resolution No. 60-2023, approving Quitclaim Lack of Abutters Rights located at 24 Noble Oaks Lane, APN 206-160-032 BACKGROUND The subject property located at 24 Noble Oaks Lane was created through Minor Subdivision Map 851-2020. This four -lot single-family residential project is located at what was previously 1475 Lawrence Road. The final map was approved by the Town Council on August 3, 2021. A condition of approval for this minor subdivision required that access to the four new parcels be taken from the new private street, Noble Oaks Lane, and that the abutters rights be relinquished along the Lawrence Road frontage for Parcel A (24 Noble Oaks Lane) . Subsequent to recordation of the Final Map, it was brought to the Town's attention that Parcel A is prohibited from taking access on Noble Oaks Lane. This limitation was established by a separate document that was recorded prior to the recordation of MS 851- 2020. DISCUSSION On January 24, 2023, the Planning Commission recommended modifying the original Conditions of Approval to reinstate Abutters Rights along Lawrence Road for parcel A (Attachment B). PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Resolution No. 60-2023, approving Quitclaim Lack of Abutters Rights located at 24 Noble Oaks Lane, APN 206-160-032. Prepared by: Fred Korbmacher Development Services Coordinator Reviewed by: Tai J. Williams Assistant Town Manager Attachments: A - Resolution No. 60-2023 Exhibit 1 - Quitclaim Lack of Abutters Rights B - January 24, 2023 Planning Commission Staff Report and Resolution Quitclaim Lack of Abutter Rights 2 August 15, 2023 24 Noble Oaks Lane DocuSign Envelope ID: F82C225F-9461-4477-91AA-C9D6DA514588 RESOLUTION NO. 60-2023 APPROVING QUITCLAIM LACK OF ABUTTERS RIGHTS LOCATED AT 24 NOBLE OAKS LANE, APN 206-160-032 WHEREAS, Lawrence Road is a public street within the Town of Danville ("Town'); and WHEREAS, Noble Oaks Lane is a private street within the Town; and WHEREAS, on August 3, 2021, the Town Council approved Minor Subdivision MS 851- 2020 (218PM1), which included a Condition of Approval requiring the owner to relinquish Abutters Rights along Lawrence Road; and WHEREAS, on January 24, 2023, the Planning Commission recommended that the Town reinstate Abutters Rights for 24 Noble Oaks Lane (Parcel A of the subdivision) allowing access to Lawrence Road; now, therefore, be it RESOLVED, by the Town of Danville that: 1. The Town of Danville hereby Quitclaims Lack of Abutters Rights to 24 Noble Oaks Lane, allowing access to Lawrence Road (Exhibit 1). 2. The City Clerk is directed to record the Quitclaim Lack of Abutters Rights as authorized by this resolution with the Recorder's Office for Contra Costa County. and, be it further RESOLVED, that the City Engineer is authorized to execute documents and take all actions necessary to complete the Quitclaim Lack of Abutters Rights. APPROVED by the Danville Town Council at a regular meeting on August 15, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: DocuSigneed by: LP -A. Gt(/Z0.5 895C6C40ADRPARP:.. CITY ATTORNEY MAYOR ATTEST: CITY CLERK ATTACHMENT A DocuSign Envelope ID: F82C225F-9481-4477-91AA-C9D6DA514588 RECORDING REQUESTED BY: Town of Danville WHEN RECORDED MAIL TO: Town of Danville Attention: City Clerk 510 La Gonda Way Danville, CA 94526 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: The undersigned grantor(s) declare(s): CITY TRANSFER TAX $ 0.00 DOCUMENTARY TRANSFER TAX $0.00 N/A SURVEY MONUMENT FEE $0.00 Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. APN: 206-160-032 QUITCLAIM LACK OF ABUTTERS RIGHTS THE TOWN OF DANVILLE, a municipal corporation, does hereby quitclaim the LACK OF ABUTTER'S RIGHTs on PARCEL "A" as shown on Parcel Map "Minor Subdivision 851-2020", Recorded September 22, 2021,in Book 218, of parcel maps, Page 1 Contra Costa County Records. do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to HD 24 Noble Oaks Lane LLC, of 24 Noble Oaks Lane in the Town of Danville County of Contra Costa, State of California. Note: This Quitclaim does not extinguish the rights of any public utility of private claimant. By: Steven Jones Date Title: City Engineer, Town of Danville EXHIBIT 1 PLANNING COMMISSION STAFF REPORT 6.1 TO: Chair and Planning Commission January 24, 2023 SUBJECT: Resolution No. 2023-01, denying an appeal and upholding the Town's administrative action conditionally approving Development Plan request DEV22-0002 to allow the construction of a new single-family residence located at 24 Noble Oaks Lane (APN 206-160-032) DESCRIPTION/BACKGROUND The subject property, 24 Noble Oaks, was created as part of Minor Subdivision MS 851- 2020 which was approved by the Planning Commission on November 10, 2020. A condition of approval for this minor subdivision requires that the residences to be constructed on all four newly created lots be reviewed and approved by the Town and the Design Review Board under separate Development Plan applications. The Town received Development Plan request DEV22-0002 which would allow for the construction of a new 7,587 square foot two-story single-family residence with a 690 square foot detached accessory dwelling unit and would take access from Noble Oaks Lane. The Development Plan went before the Design Review Board on March 24, 2022 and was approved with the caveat that it would return for final approval of the color and material board. The final colors and materials were returned to the Design Review Board on May 12, 2022 and were approved. The Town administratively issued an Appealable Action Letter on March 30, 2022, intending to approve the Development Plan application on April 12, 2022 (Attachment E). On April 8, 2022, the Town received an appeal of this approval from Izzat Nashashibi on behalf of Howard Sui (Attachment F), owner of 1465 Lawrence Road. The appeal letter raises issues regarding the property's ability to gain access from Noble Oaks Lane due to the parcel not possessing easement and utility rights. In response, the applicant updated the proposed plans to take access from Lawrence Road as opposed to Noble Oaks Lane. The updated plans were shared with the appellant who continues to raise issues regarding access and utilities. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The appeal process allows for both applicant and surrounding property owners to speak to the Planning Division's administrative decision (i.e., the entirety of the action is open ATTACHMENT B for review through the appeal hearing process). The Planning Commission must take into consideration the requisite findings made prior to approving a Development Plan request, which are as follows: a. The proposed development would not be detrimental to the health, safety and general welfare of the Town; b. The proposed development would not adversely affect the orderly development of property within the Town; C. The proposed development would not adversely affect the preservation of property values and the protection of the tax base within the Town; d. The proposed development would not adversely affect the policy and goals as set by the General Plan; e. The proposed development use would not create a nuisance and/or enforcement problem within the neighborhood or community; f. The proposed development will not encourage marginal development within the neighborhood. The Town's evaluation of the Development Plan request following the receipt of the written appeal letter did not result in a modification to staff's initial decision to approve the Development Plan. It is the Town's finding that the project complies with all development standards outlined in the Town's Single Family Residential Districts Ordinance for lots zoned R-40; Single Family Residential District. The Town believes the following findings for approval can be made: • The proposed development would not be detrimental to the health, safety, and general welfare of the Town since the creation of this lot under Minor Subdivision MS 851-2020 anticipated the development of single-family residential units on each of the four newly created lots. • The proposed development would not adversely affect the orderly development of property within the Town since this lot was created with the knowledge that single-family residences would be constructed on each newly created lot in this subdivision. • The proposed development would not adversely affect the preservation of property values and the protection of the tax base within the Town since single- family residential developments are allowed by right on lots with a land use designation of Single Family Residential, Country Estates. 24 Noble Oaks Lane 2 January 24, 2023 • The proposed development would not adversely affect the policy and goals as set by the General Plan since the proposed development is a single-family residential use which is allowed by right and complies with the development standards and land use requirements contained within the Town's Residential - Single Family Residential zoning ordinance. • The proposed development would not create a nuisance and/or enforcement problem within the neighborhood or community since the proposed development complies with all development standards for lots zoned R-40; Single Family Residential District. • The proposed development will not encourage marginal development within the neighborhood being that similar low-density residential development currently exists and is anticipated on neighboring lots. Response to the Appeal In the appeal letter, the appellant raises a number of issues regarding the use of the adjacent Nobel Oaks Lane private accesses easement, including access and utility rights. Howard Sui, the appellant and owner of the Noble Oaks access easement, has stated that he will not allow the 24 Noble Oaks lot to use the easement for access. It is the Town's position that this private easement constitutes a private agreement which the Town has no authority to interpret or enforce. Disputes over the use of the easement are a private civil matter and must be resolved between the affected property owners. As a result, the Town has no authority to support the appeal based on these private rights issues. In response to Mr. Suis concerns, the applicant reconfigured the development plans to gain access from Lawrence Road rather than Noble Oaks Lane. The Town Transportation Manager reviewed the proposed new driveway location and found no safety issues related to its location on Lawrence Road. Since the subject lot previously abandoned abutter rights from Lawrence Road, the Town would revise the final map for the project allowing the driveway. The Town corresponded with the appellant, sharing the newly proposed access point which would no longer require the use of the Nobel Oaks access easement and would address the initial concern outlined in the appeal letter. The appellant responded with a new letter (Attachment G) containing additional issues regarding the proposed development, including; 24 Noble Oaks Lane 3 January 24, 2023 • The proposed residence should be accessed from an existing driveway from Lawrence Road located further to the south. Again, the Town has reviewed and recommends approval of the proposed driveway location. The front of the proposed residence is oriented toward Nobel Oaks Ln. and the garages and driveway face Lawrence Road. The proposed residence faces Noble Oaks Lane rather than Lawrence Road. The appellant is concerned that the orientation of the residence would encourage visitors to park along Noble Oaks Lane. While this is a private civil matter which the Town will not enforce, the proposed residence has a six -car garage and a large paved driveway which could accommodate multiple visitors, if required. There are three additional parcels east of 24 Noble Oaks Lane which maintain the rights to access from Noble Oaks Lane. Additionally, the applicant has informed Town staff that the northern orientation of the residence is due to a religious belief of auspicious direction. The proposed residence includes a walkway leading to Noble Oaks Lane and that the existing fence running along Noble Oaks Lane should remain to block any pedestrian access. Again, use of the easement and fence construction are private civil matters which the Town will not interpret or enforce. The proposed residence should have a Lawrence Road address as it will confuse emergency response teams and the property will not have access from Noble Oaks Lane. Addresses are assigned in consultation with the San Ramon Valley Fire Protection District and the Postal Service. Both agencies have approved the Nobel Oaks address. It is also generally easier for emergency response teams to locate a property on a smaller street with fewer addresses rather than a larger street such as Lawrence Road. PUBLIC CONTACT Public notice of the January 24, 2023, hearing was mailed to property owners within 750 feet and posted online. A total of 27 notices were mailed to surrounding property owners. 24 Noble Oaks Lane 4 January 24, 2023 RECOMMENDATION Deny the appeal and uphold the Town's administrative action approving Development Plan Request DEV22-0002, to allow the construction of a new single-family residence located at 24 Noble Oaks Lane, subject to the findings of denial contained within Resolution No. 2023-01. Prepared by: AUE�_7 Riley Anderson -Barrett Project Planner Attachments: A - Resolution No. 2023-01 B - Public Notification and Map & Notification List C - Original Site Plan D - Revised Site Plan E - Town's Appealable Action Letter Approving the Development Plan Request F - Letter of Appeal G - Supplementary Letter from Appellant 24 Noble Oaks Lane 5 January 24, 2023 DocuSign Envelope ID: CED593D0-2CD1-4008-9ECF-40407FA14593 RESOLUTION NO. 2023-01 DENYING AN APPEAL AND UPHOLDING THE TOWN'S ADMINISTRATIVE ACTION CONDITIONALLY APPROVING DEVELOPMENT PLAN REQUEST DEV22-0002 TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 24 NOBLE OAK LANE (APN 206-160-032). WHEREAS, the applicant (AJ Sekhon) applied for a Development Plan to allow the construction of a new single-family residence located at 24 Noble Oaks Lane; and WHEREAS, the Development Plan request would allow for the construction of a new 7,587 square foot two-story single-family residence with a 690 square foot detached accessory dwelling unit; and WHEREAS, the subject site is located at 24 Noble Oaks Lane and is further identified as Assessor's Parcel Number 206-160-032; and WHEREAS, a Development Plan application is required prior to construction of any residential unit on all lots created as a result of minor subdivision MS 851-2020, as specified in the conditions of approval; and WHEREAS, the proposed architectural design and landscaping plans were reviewed and recommended for approval by the Design Review Board on March 24, 2022, and then returned for final approval of the colors and materials on May 10, 2022; and WHEREAS, the Town issued an Appealable Action Letter on March 30, 2022, which would administratively approve Development Plan request DEV22-0002 on April 12, 2022; and WHEREAS, an appeal filed by Izzat Nashashibi on behalf of Howard Sui in response to the Appealable Action Letter approving Development Plan request DEV22-0002 was received by the Town on April 8, 2022; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15303, Class 3, New Construction; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 24, 2023; and WHEREAS, the public notice of this action was given in all respects as required by law; and DocuSign Envelope ID: CED593D0-2CD1-4008-9ECF-40407FA14593 WHEREAS, the Planning Commission recommends that the Town Council approve the reinstatement of abutters rights to 24 Noble Oaks Lane for the proposed new driveway along Lawrence Road; 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 Danville Planning Commission denies the appeal and upholds the administrative approval of Development Plan DEV22-0002, and makes the following finding in support of this action: FINDINGS OF DENIAL: 1. The private easement constitutes a private agreement which the Town has no authority to interpret or enforce. Disputes over the use of the easement are a private civil matter and must be resolved between the affected property owners. As a result, the Town has no authority to support the appeal based on these private rights issues. APPROVED by the Danville Planning Commission at a regular meeting on January 24, 2023, by the following vote: AYES: Bowles, Combs, Graham, Palandrani, Trujillo NOES: None ABSTAINED: None ABSENT: Houlihan, Radich APPROVED AS TO FORM: DxuSigned by: 895C6C40ADBF4BF. CITY ATTORNEY DacuSigned by: .rzi,W", E9D1CC62B1F3422_. CHAIR DacuSigned by: 90132A34289C4-07. CHIEF OF PLANNING PAGE 2 OF RESOLUTION NO. 2023-01