HomeMy WebLinkAbout042225-05.1
PLANNING COMMISSION STAFF REPORT 5.1
TO: Chair and Planning Commission April 22, 2025
SUBJECT: Resolution No. 2025-02, approving a merger and re-subdivision of parcels
previously created by Subdivision 9382 located at 805 La Gonda Way
BACKGROUND
The Planning Commission adopted Resolution No. 2015-02 on February 24, 2015,
approving a five-lot Major Subdivision, Variance and Tree Removal from what was at
the time, two separate parcels located at 805 & 813 La Gonda Way (Attachment C). Per
the Town’s subdivision ordinance, tentative maps are valid for 30 months (2.5 years) but
may be extended. On September 12, 2017, the Planning Commission adopted Resolution
No. 2017-10, approving a one-year 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 (Attachment D).
On June 26, 2018, the applicant submitted a formal application to the engineering division
for final map, improvement plan, grading and stormwater plan check. The applicant
paid all the necessary plan check fees.
During the next four years, the applicant went through a number of improvement plan,
grading plan and stormwater revisions. Due to the active plan checking process, the
tentative map was considered to remain valid.
On August 9, 2019, the applicant paid the remainder of the necessary impact, pass
through and subdivision improvement agreement security fees.
The final map and subdivision improvement agreement were eventually approved by
the Town Council on August 16, 2022 (Attachment E). The final map was recorded on
November 1, 2022, which was also the effective date of the subdivision improvement
agreement. The subdivision improvement agreement expired two years later, on
November 1, 2024, and no improvements have been installed to date.
DISCUSSION
Because the owners of the property have not sold any of the lots nor installed any of the
subdivision improvements and have shown no meaningful progress towards doing so,
Town staff began to research options to void the subdivision approval and return the
SD 9382 – Merger and Re-subdivision 2 April 22, 2025
property to the pre-existing two lots. Under the Subdivision Map Act, two such options
are possible: a reversion to acreage or a merger and re-subdivision.
After review, it was determined that the merger and re-subdivision was a better solution
because it allows for the lot line between what will be the two lots to be set in a location
that takes into account building code issues while establishing the original two lots. This
is necessary because, since the time that the tentative map was first approved, the owners
expanded the existing home on the property to cross what had been the property line.
The new two lot configuration would be modified from the original to provide
appropriate setbacks from the property lines.
Under the merger and re-subdivision process provided for in Government Code Section
66499.20.2, a new parcel map will be recorded which would (1) merge the five lots into
one, (2) re-subdivide back into two lots (Attachment F) and (3) remove the conditions of
approval from Subdivision 9382. Any future efforts to subdivide the property would be
a fresh start, with new conditions of approval relevant to any such future proposal.
CONCLUSION
If the merger and re-subdivision is approved, the Town would record a parcel map which
would return the property to two parcels and eliminate any proposed dedications to the
Town. Any fees or securities being held by the Town other than those collected to pay
for plan checking, etc. would be returned to the owners. Any future subdivision of the
two lots would include a review of appropriate conditions of approval and/or
dedications.
PUBLIC CONTACT
Public notice of the April 22, 2025, hearing was mailed to property owners within 750 feet
and posted online. A total of 118 notices were mailed to surrounding property owners.
SD 9382 – Merger and Re-subdivision 3 April 22, 2025
RECOMMENDATION
Adopt Resolution No. 2025-02, approving a merger and re-subdivision of parcels
previously created by Subdivision 9382 located at 805 La Gonda Way.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Attachments: A – Resolution No. 2025-02
B – Public Notification and Map & Notification List
C – Planning Commission Staff Report February 24, 2015
D – Planning Commission Staff Report September 12, 2017
E – Town Council Staff Report August 16, 2018
F - Proposed New Parcel Map
RESOLUTION NO. 2025-02
APPROVING A MERGER AND RE-SUBDIVISION OF PARCELS PREVIOUSLY
CREATED BY SUBDIVISION 9382 LOCATED AT 805 LA GONDA WAY
WHEREAS, the Town of Danville Planning Commission adopted Resolution No. 2015-
02 on February 24, 2015, approving a five-lot Major Subdivision, Variance and Tree
Removal from what was at the time, two separate parcels located at 805 & 813 La Gonda
Way; and
WHEREAS, a final map and subdivision improvement agreement were approved by the
Town Council on August 16, 2022. The final map was recorded on November 1, 2022,
which was also the effective date of the subdivision improvement agreement. the
property owners; and
WHEREAS, the subdivision improvement agreement expired two years later, on
November 1, 2024; and
WHEREAS, to date, none of the five lots have been sold and none of the required
subdivision improvements have been installed; and
WHERAS, the Subdivision Map Act, at Government Code Section 66499.20.2, allows for
the merger and re-subdivision of previously subdivided properties in-lieu of a reversion
to acreage of the property; now, therefore, be it
RESOLVED, pursuant to Government Code Section 66499.20.2, the Danville Planning
Commission approves the merger and re-subdivision of the land contained within
Subdivision 9382 based on the following findings:
None of the five lots created by Subdivision 9382 have been sold and none of the
required subdivision improvements have been installed.
The subdivision improvement agreement for the property is expired and there are
no approved improvements or active grading permits for the property.
None of the offers of dedication or easements proposed in Subdivision 9382 to be
vacated or abandoned by the merger and re-subdivision are necessary for present
or prospective public purposes.
and, be it further
RESOLVED, that the Planning Commission hereby approves a merger and re-
subdivision of parcels previously created by Subdivision 9382 located at 805 La Gonda
Way.
PAGE 2 OF RESOLUTION NO. 2025-02
APPROVED by the Planning Commission at a regular meeting on April 22, 2025, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
CHAIR
APPROVED AS TO FORM:
_____________________________ ________________________________
CITY ATTORNEY CHIEF OF PLANNING
ATTACHMENT B
ATTACHMENT C
ADMINISTRATIVE STAFF REPORT 4.r
DATE:
ITEM:
RECOMMENDATION:
NOTIFICATION:
PROPOSAL:
LOCATION:
APN
ACREAGE:
OWNER:
PREVIOUS ACTION:
September 12,2017
SD 9382 - 805 & 813 La Gonda Way (Vista Oaks)
Approve a one-year time extension and amend the conditions
of approval of previously approved Major Subdivision SD
9382 subject to the findings contained within Resolution No.
2017-10.
Public notice of the hearing was mailed to property owners
within 750 feet. Posting of the meeting agenda serves as notice
to the general public.
Request for 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.
805 & 813 La Gonda Way
200-080-01't", 013, 014
3.73 + / - Acres (2.63 + ¡ - Net Acres)
Elham Zarnegar
805 La Gonda Way
Danville, CA94526
On February VL, 2015, the Planning Commission adopted a
Mitigated Negative Declaration of Environmental
Significance/ approved Major Subdivision request SD 9382,
Variance request VAR14-00L1-, and Tree Removal request
TR15-0010
The time extension is ministerially exempt from the
requirements of CEQA. A Mitigated Negative Declaration of
Environment Significance was prepared for this previously
CEQA STATUS:
ATTACHMENT D
approved Major Subdivision. The amendment to the
conditions of approval has been found to be Categorically
Exempt from the requirements of the California
Environmental Quality Act (CEQA), Section 15305, Class 5.
GENERAL PLAN Residential - Single Family - Low Density,l-3 Units per Acre
ZONING:R-20; Single Family Residential District
LAND USE:Single Family Residential
DESCRIPTION / BACKGROUND
On February 24,2015 the Planning Commission approved Resolution 2015-02 approving
Major Subdivision SD 9382 allowing the subdivision of two parcels into five single family
parcels. The applicant is now requesting an approval for a one-year time extension and
an amendment to the previously approved conditions of approval to eliminate the
requirement to underground the existing joint overhead utility pole and overhead wires
along La Gonda Wuy.
EVALUATION
The Town's Subdivision Ordinance establishes that a tentative map is valid for a period
of 30 months from the date of approval. During this time period, the applicant must
receive approval of a final parcel map. Flowever, the decision making body which
originally approved the tentative map may grant extensions not exceeding a total of 24
months. Since the tentative map was approved on February 24, 2015, it expired on
August 24, 2017. Flowever, the applicant submitted a request for a one-year time
extension on August 3,2017 (Exhibit D). The applicant recently bought the property on
April 13,2017 and would like to extend the approval another year which would provide
an adequate amount of time for the applicant to record the final map.
In order to deny a request for a time extension of a tentative map, the Town would need
to make a finding that there are changed circumstances related to the subdivisiory the
parcel, or surrounding conditions which would make the approval of the subdivision no
longer appropriate.
The Town is not aware of any changed circumstances in the area which would lead to the
denial of this extension request.
The applicant is also requesting that the condition of approval requiring the development
to underground the existing joint utility pole and overhead wires be eliminated.
Currently, within this neighborhood, overhead powerlines wires exist along the
residential frontages on La Gonda Way, extending approximately 860 linear feet. The
frontage for subject site is approximately 241,linear feet and includes fwo utility poles
with overhead wires. Due to the configuration of the existing overhead wires on La
Gonda Way, the requirement to underground the existing overhead wires would not
decrease the amount of utility poles or have a significant decrease in the amount of
overhead wires. In order to underground the existing powerlines and overhead wires the
existing pole located on the southern frontage would be moved further south but not
eliminated. Generally, undergrounding existing utilities is better suited for larger
projects. Staff recommends that the conditions of approval be amended to remove
Condition of Approval G.8 (Exhibit C).
PUBLIC CONTACT
Public notice of the hearing was mailed to property owners within 750 feet. Posting of the
meeting agenda serves as a notice to the general public.
RECOMMENDATION
Approve a one-year time extension for previously approved Major Subdivision SD 9382
and amend the conditions of approval subject to the findings contained within Resolution
No.2017-10.
Prepared by
De Castro
Associate Planner
EXHIBITS
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Resolution 2017-10 - Findings and Conditions of Approval
Public Notificatioru Public Notification Map, and Public Notification List
Previously approved Planning Commission Resolution No. 2015-02
Extension and amendment request from owï.er
Tentative Map SD 9382
ATTACHMENT E
ATTACHMENT F