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HomeMy WebLinkAboutMS 851-88Exhibit A Findings and Conditions of Approval MS 851-88; FoStoria Way Partnership, Ltd. FINDINGS The Planning Commission of the Town of Danville finds as follows in support of the proposed Minor Subdivision: The proposed subdivision is in conformance with the goals and policies of the General Plan and the Preliminary and Final Development Plans covering the property; and The design and improvements of the proposed subdivision are consistent with the General Plan and the Preliminary and Final Development Plans covering the property; and The site is physically suitable for commercial development; and The subdivision as conditionally approved will not negatively impact traffic or drainage systems in the vicinity. CONDITIONS Aa General This approval is for the resubdivision of Lot 64 of SD 6806 into four parcels. Except as may be modified by the following Conditions of Approval, the subdivision shall be substantially as shown on the Tentative Map and Grading Plan prepared by Greiner Engineering, as submitted with the application dated received July 13, 1988 by the Planning Department. The developer shall pay any and all City 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 permit is secured. The Conditions of Approval for Final Development Plan PUD 87-3, as established by Town Council Resolution 59-88, are incorporated by reference to this approval document and shall apply to development of the parcels established from MS 851-88. This entitlement is granted for resubdivision of property only. Future development of Parcels 1, 2, and 4 is not approved as part of this application, but shall be reviewed and considered by the Town of Danville under ~parate application(s). Se Future development of Parcels 1, 2, and 4 shall incorporate and feature project architecture, signage, parking, access, pedestrian circulation and landscaping which are compatible with the development of Parcel 3 (Costco site). 6e Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws for a mandatory commercial property owners association shall be prepared by the developer for this project prior to the recordation of a Final Parcel Map. The Town shall be includes as a third party beneficiary as to the sections of the CC&R's which address any applicable conditions included in the project conditions of approval. The Town shall be granted the right but not the duty of enforcing any provisions contained in the CC &R's which address any applicable Condition of approval. Additions to the CC&R's by the commercial property owners association consistent with the original CC&R's may be made in the discretion of the association. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the'Town for review by the City Attorney. These documents shall be subject to review and approval by the City Engineer and City Attorney prior to their recordation to assure that all applicable conditions of approval have been addressed nd to assure that: ae There is adequate provision for the maintenance, in good repair, of all commonly maintained property and landscaping, including but not limited to landscape and irrigation facilities, fencing, lighting, project signing and drainage and erosion control improvements. (For purposes of this document, "Commonly maintained property" shall include all property contained in the Parcel Map except beneath the footprints of the structures placed on the property and landscape and service areas immediately appurtenant to those structures). be Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. Ce The Association shall keep the Town Planning Department informed of the current name, address, and phone number of the Association's official representative(s). The Association shall contract with, or be advised by (as to how to handle maintenance operations), a professional management firm. At the time the CC&R's are submitted for Town review, the developer shall also submit a site plan which graphically Depicts the proposed areas of "commonly maintained property". This plan shall be subject to review and approval by the Planning Department as part of its review of the Town's review of the CC&R's. This plan may be changed, subject to Planning Department approval, if modifications to the project development plan occur. Site Planning Common use agreements for ingress and egress for on site driveways, emergency vehicle ways, pedestrian ways, and plaza areas shall be recorded covering the four parcels in MS 851-88. This document shall be recorded prior to, or concurrent with, Final Parcel Map approval. This document shall be submitted for review and approval by the Town Attorney prior to recordation. Common use agreements for parking (creating cross parking easements) shall be recorded covering the four parcels in MS 851-88 and shall be provided prior to final map approval. Ce Miscellaneous If additional signage is desired beyond that approved for Final Development Plan PUD 87-3, then a comprehensive sign program shall be submitted to the City for consideration under a separate application. Any signage shall be compatible with the development of Parcel 3 (Costco site). Prior to the recordation of a Final Parcel Map, the developer shall submit to the Town, for review and approval, a recordable copy of an agreement or easement(s) which provides for the following: Reciprocal ingress and egress through and between the Danville Inn site (APN: 218-090-018) and the Fostoria Associates site (Proposed Parcels 1, 2, 3 and 4 of MS 851-88); Provision for use of no less than 45 standard size parking spaces on Parcels 1 and 2 of MS 851-88 to be conveniently located (as determined acceptable by the Chief of Planning) for the use of the Danville Inn; Ce Provision for joint maintenance of all access and parking areas within future Parcels 1, 2, 3 and 4 of MS 851-88. APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON OCTOBER 10, 1988 Kevin~il~y, Principal Planner ppmm 1 ~ Date