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RESOLUTION NO. 2008-11
APPROVING MINOR SUBDIVISION APPLICATION MS 851-2008 TO
SUBDIVIDE AN EXISTING 8,100 SQUARE FOOT PARCEL, OCCUPIED BY AN
EXISTING TRIPLEX RESIDENTIAL STRUCTURE, INTO THREE PARCELS
WITH NO NEW CONSTRUCTION PROPOSED
LOCATED AT 154, 156, AND 158 EL DORADO AVENUE
(APN: 208-031-017,018,019 - EL DORADO OAKS)
WHEREAS, Joy Pratt and Richard Madrid (Owners) and DeBolt Civil Engineering
(Applicant) have requested approval of Minor Subdivision application MS 851-2008 to
subdivide an existing 8,100 square foot parcel, occupied by an existing triplex residential
structure, into three parcels with no new construction proposed; and
WHEREAS, the subject site is located at 154, 156, and 158 EI Dorado Avenue, and is further
identified as Assessor's Parcel Number 208-031-017,018,019; and
WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission
approval of a tentative map prior to recordation of a final map; and
WHEREAS, the project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA), Section 15315, Minor Land Divisions; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 13, 2008; and
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 approves Minor Subdivision request MS 851-
2008, subject to the conditions contained herein, and make the following findings in
support of this action:
Minor Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2010 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred. The density of the subdivision is physically suitable for the
proposed density of development because the minor subdivision is a mapping
change only and does not propose any new construction.
4. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk CI*") in the left-hand column are standard project
conditions of approval. Unless otherwise specified, the following conditions shall be
complied with prior to the approval of the final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Minor Subdivision application MS 851-2008 to
subdivide an existing 8,100 square foot parcel, occupied by an existing triplex
residential structure, into three parcels with no new construction proposed.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Vesting Tentative Parcel Map MS 851-2008 titled "154-158 EI Dorado
Avenue," as prepared by DeBolt Civil Engineering, consisting of one
sheet, dated April 7, 2008.
2. The applicant shall payor be subject to any and all Town and other related
fees that the property may be subject to. Notice should be taken specifically
of the public hearing notice fee ($207.92), building inspection to verify that
the integrity of the wall in the attic space in each unit is intact ($160.00), map
check fee and base map revision fee. These fees shall be based on the current
fee schedule in effect at the time the relevant permits are secured, and shall
be paid prior to issuance of said permit.
3. There shall be no changes to the easements, covenants, conditions and
PAGE 2 OF RESOLUTION NO. 2008-11
restrictions (CC&Rs), and other maintenance agreements that were a part of
or a product of the original Planned Unit Development PUD 2002-04 and
three-lot subdivision MS 856-2002, approved by Town Council on March 4,
2003. Any change to said provisions will require Planning Commission
and/ or Town Council approval through the Development Plan review
process.
4. The "Private Access and Utility Easement (P.A. & UE.)" originally dedicated
across Parcels" A" and "B" of Subdivision MS 856-2002 (recorded on
November 10, 2003, in Book 198 of Parcel Maps at Page 37, Contra Costa
County Records) shall be extended across proposed Parcels" A", "B", and
"C". Said P .A. & U.E. shall be configured to contain all common utility lines
and equipment that provide utility services to the new parcels including, but
not limited to, any electrical, water, gas, telecommunications, cable
television, and/or sanitary sewer lines. Said P.A. & U.E. shall also be
configured to provide pedestrian and vehicle ingress and egress to and
across each parcel by the future owners of proposed Parcels" A", "B", and
" C" .
5. The "EI Dorado Oaks Declaration of Restrictions (CC&Rs) and Roadway
Easement and Maintenance Agreement" recorded on June 10, 2004, as DOC-
2004-0220732-00 shall be amended to equitably apportion the maintenance
obligation for all shared improvements amongst proposed Parcels" A", "B",
and" C". Said document shall also be amended to require the future owners
of proposed Parcels "A", "B", and "C" to maintain the current storm
drainage flow and discharge patterns and to not obstruct or alter flow from
one parcel to the detriment of another.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 13, 2008,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Combs, Condie, Morgan, Nichols, Osbo
Antoun
APPROVED AS TO FORM:
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City Attorney 7
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