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RESOLUTION NO. 2009-04
APPROVE REVISED FINAL DEVELOPMENT PLAN (DEV08-0077)AND MINOR
SUBDIVISION (MS 856-2008) REQUEST ALLOWING THE SUBDIVISION OF
THREE EXISTING LOTS INTO A TOTAL OF FOUR LOTS, AND ADDlING TWO
ADDITIONAL MODELS TO THE PROJECT
(BRADDOCK & LOGAN - 207-061-048, 207-061-049 & 207-061-050)
WHEREAS, BRADDOCK & LOGAN (Owners) have requested approval of a revised Final
Development Plan (DEV08-007?) and Minor Subdivision (MS 856-2008) to re-subdivide
three existing parcels into four, creating one addition parcel within the Tassajara Lane
subdivision, SD 8389; and
WHEREAS, the subject site is located at 210, 220 & 230 Tamarind Lane and is further
identified as Assessor's Parcel Numbers 207-061-048, 207-061-049 & 207-061-050; and
WHEREAS, the Town of Danville Subdivision Ordinance require Planning Commission
approval of a tentative map prior to the 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 Division; and
WHEREAS, the Planning Commission did review the project ar a noticed public hearing
on March 10, 2009; 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, 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 approves the revised
Final Development Plan (DEV08-0077) and Minor Subdivision (MS 856-2008) request per
the c~mditions contained herein, and makes the following findings in support of this action:
Revised Final Development Plan
1. The revised Final Development Plan will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of the
surrounding existing development planned for the subject area.
2. The revised Final Development Plan is on conformance with the Danville 2010
General Plan goals and policies and the intent and direction of the previously
approved Development Plan for Subdivision 8389.
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.
4. The density of the subdivision is physically suitable for the proposed density of
development because the minor subdivision is within the originally approved
number of lots.
5. 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 APPROV AL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map for the project. Each item is sp.bject to
review and approval by the Planning Division unless otherwise specified.
PAGE 2 OF RESOLUTION NO. 2009-04
A. GENERAL
1. This approval is for a revised Final Development Plan (DEV08-0077) and Minor
Subdivision (MS 856-2008) request to re-subdivide three existing lots of the
Tassajara Lane Subdivision, SD 8389, into four lots and to modify the existing
Final Development Plan to include two new floor plans with four elevations
within the Tassajara Lane subdivision. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. Tentative Parcel Map, consisting of five sheets, as prepared by Braddock
& Logan Services, Inc., dated December 8, 2008.
b. Preliminary Architectural Plans for Plan 6 and Plan 7, consisting of 14
sheets, prepared by William Hezmalmalch Architects Inc.
2. . The applicant shall pay any and all Town and other related fees that the
property may be subject to. 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 and prior to any Town Council final approval action.
3. Within 30 days of the effective date of this entitlement, the applicant shall
reimburse the Town for notifying surrounding neighboring residents of the
public hearings associated with the project. The fee shall be $46.48 (one mailing
of 56 notices at $0.83 per notice).
4. Prior to approval of the final map, written documentation that the Regional
Water Control Board agreement for T assajara Lane, SD 8389, has been modified
to include the minor change in lot layout, be submitted, reviewed and approved
by the City Engineer.
5. The project conditions, covenants and restrictions (" CC&Rs") shall be modified
to include the additional lot created by this approval, subject to review and
approval by the Town Attorney.
6. Except as may be modified by these conditions of approval, the conditions of
approval established under Town Council Resolution No. 27-2003 for PUD 99-04
and SD 8389 shall continue to be applicable to the ongoing development and use
of this project.
PAGE 3 OF RESOLUTION NO. 2009-04
APPROVED by the Danville Planning Commission at a regular meeting on March 10,2009
by the following vote:
AYES: Antoun, Combs, Morgan, Nichols, Overcashier, Radich & Storer
NOES:
. ABSTAIN: -
ABSENT:
APPROVED AS TO FORM:
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City Attorney J
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Chair
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Chief
PAGE 4 OF RESOLUTION NO. 2009-04
