HomeMy WebLinkAbout2012-02RESOLUTION NO. 2012-02
APPROVING REVISED FINAL DEVELOPMENT PLAN REQUEST DEV12 -0009
MODIFYING A PREVIOUSLY APPROVED SEVEN LOT SUBDIVISION
BY MOVING ONE LOT FROM A LOWER THREE -UNIT MOTOR
COURT TO CREATE A FIVE LOT UPPER MOTOR
COURT (APN: 215 - 090 -0032) TASSAJARA LANF/CASALE
WHEREAS, JIM CASALE (Owner/ Applicant) has requested approval of a revised
Final Development Plan to modify the previously approved tentative map for a seven
lot subdivision. Revisions would result in moving one unit from the lower motor court
of three homes to the upper motor court resulting in five units on the upper motor court
pad. A new architectural plan is proposed for the relocated unit; and
WHEREAS, the subject .8 acre site is located at the northeast corner of Camino
Tassajara and Tassajara Lane, APN: 215 - 090 -032; and
WHEREAS, the Town's P -1; Planned Unit Development District Ordinance requires
approval of a Final Development Plan - Major Subdivision (Tentative Map) prior to
development of the property; and
WHEREAS, the proposed modification to the configuration of the lots on the
previously approved tentative map requires Planning Commission approval of a
revised Final Development Plan; 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; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on February 28, 2012; 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 Danville Planning Commission approves the revised Final
Development Plan request DEV12 -0009 and makes the following findings in support of
this action:
FINDINGS:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2010 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because, in part, water and sanitary
facilities services will be available to the project.
4. The density of the subdivision is physically suitable for the site and for the
surrounding area.
5. 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 development has
previously occurred.
6. 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 ( " * ") in the left -hand column are standard
project conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
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 subject to
review and approval by the Planning Division unless otherwise specified.
PAGE 2 OF RESOLUTION NO. 2012-02
A. GENERAL
1. This approval is for a revised Final Development Plan modifying the
previously approved tentative map for a seven lot subdivision.
Authorized revisions result in moving one unit from the lower motor
court of three homes to the upper motor court resulting in five units on
the upper motor court pad. A new architectural plan is proposed for the
relocated unit. Development shall be substantially as shown on the project
plans as follows, except as may be modified by conditions contained
herein:
a. Vesting Tentative Map dated February 3, 2012, and As Built Grading
Plans dated October 19, 2011, as prepared by Debolt Civil Engineering.
b. Revised seven unit site plan and Lot 5 Roof Plan and Elevation dated
January 31, 2012, as prepared by Dahlin Group.
2. Except as modified by these conditions of approval, all of the conditions of
approval established within Danville Town Council Resolution No. 126-
2010 approving General Plan Amendment LEG10 -0003, Preliminary
Development Plan - Rezoning request LEG10 -0002, Final Development
Plan request DEV10 -0041, and Major Subdivision request SD 9287, shall
continue to be applicable to this development.
3. Revocable license agreements shall be recorded and executed by the
owners of Lots 6 and 7 and the Town obligating the homeowner's
association to perform maintenance of any developer- installed
landscaping and irrigation on Town -owned land bounded by the
subdivisions eastern property line and the existing curb and fencing near
the rear gate at the Town's Maintenance Service Center. The agreement
shall indemnify the Town of Danville for any liability associated with the
maintenance activity and shall be subject to final review and approval by
the Town Manger and City Attorney.
4. A revised final landscape plan shall be submitted for review and approval
by the Town and the Design Review Board along with the final building
plans prior to issuance of building permits for the project. The landscape
plans shall include substantial landscaping, including midsize to large
trees, in the area between the upper and lower pads.
PAGE 3 OF RESOLUTION NO. 2012-02
5. Prior to submittal of final landscape and irrigation plans for Design
Review Board review (as provided for under Condition of Approval #C.1.
of Town Council Resolution No. 126- 2010), the plans shall be scheduled
for review by the Development Advisory Meeting with focused attention
to be made by Planning, Engineering and Transportation Division review
relative pedestrian and bicyclist safety across the project Camino Tassajara
frontage entering and exiting across the intersection of Camino Tassajara
and Tassajara Lane.
APPROVED by the Danville Planning Commission at a regular meeting on February
28, 2012, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Morgan, Nichols, Overcashier, Radich
Bock- Willmes
Attwood, Graham
�;QIC-
APPROVED AS TO FORM:
2
City Attorney
PAGE 4 OF RESOLUTION NO. 2012-02