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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