HomeMy WebLinkAbout90-61EXHIBIT A
RESOLUTION NO. 90-61
A RESOLUTION OF THE PIANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING TENTATIVE MINOR SUBDIVISION MAP 858-90 AND
VARIANCE REQUEST 90-38 AUTHORIZING A LOT SPLIT WITH REDUCTION OF THE
REQUIRED LOT WIDTH AND LOT SIZE
AT 916 DIABLO ROAD AND 15 SERENA LANE
WHEREAS, VFL Associates has requested approval of a Minor Subdivision and
Variances for lot width and lot size reductions to create two residential lots on a .59 +
acre site; and
WHERFA~, the subject site is located at 916 Diablo Road and 15 Serena Lane and
is identified as Assessor's Parcel Number 196-590-025 and 196-290-025 (previously
combined under Parcel Merger PM 90-1 recorded 5/24/90); and
WHEREAS, Title 9 (Subdivision Ordinance) of the Municipal Code requires
approval of a Tentative Map for the proposed subdivision; and
WHEREAS, it has been determined that this project is categorically exempt from the
requirements of the California Environmental Quality Act; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on November 27, 1990; and
WHEREAS, the proper notice of this request was given in all respects as required
by law; and
WHEREAS, a staff report was submitted recommending that 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 approve the Tentative Map and Variance requests per the conditions contained
herein, and makes the following findings in support of the respective applications:
Page 1 of Resolution No. 90-61
Tentative Map
o
The proposed project is consistent with the Danville 2005 General Plan.
The proposed development will constitute a residential environment of
sustained desirability and stability and will be in harmony with the character
of the surrounding neighborhood and community.
The design of the subdivision and the type of associated improvements will
not cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The design of the subdivision and the type of associated improvements will
not likely cause serious public health problems.
The site is physically suitable for the proposed density of development.
Variances
The proposed variances do not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the
R-20; Single Family Residential District and Single Family Medium Density
land use designation, in which the subject property is located.
o
The following special circumstances applicable to the subject property exist
and strict application of the respective zoning regulations are found to
compromise the subject property of equal enjoyment held by other
properties in the vicinity and within the R-20; Single Family Residential
District.
no
The site contains the "historic" Osborn House which is Danville's first
designated Heritage Resource.
Strict application of the code would not permit the applicant to
secure financing of the historic residence.
The proposed variances shall substantially meet the intent and purpose of
the R-20; Single Family Residential Ordinance in which the subject property
is located and the Heritage Preservation Ordinance.
Page 2 of Resolution No. 90-61
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of a building pecniit for the project. Each item is subject to review and approval
by the Planning Department unless otherwise specified.
A. GENERAL
This approval is for a Minor Subdivision identified as Tentative Parcel Map
858-90 located at 916 Diablo Road and 15 Serena Lane. Development shall
be substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
ao
Tentative Map MS 858-90 prepared by Humann Company dated
September 1990 and dated received by the Planning Department on
November 19, 1990.
The development fees for this project shall be waived pursuant to a
condition contained in the designation of the Osborn House as a Heritage
Resource. The developer shall pay any other related fees (County Drainage
Acreage 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.
o
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
0
This entitlement shall supersede Condition H.7. of PUD 89-1 and SD 7196
and Condition H.4. of LUP 90-3 requiring the historic Osborn House to be
utilized as a second dwelling unit.
o
Unless otherwise modified by these conditions, development of proposed
Parcel 2 shall comply with the Conditions of Approval for PUD 89-1 and SD
7196.
The Osborn House contained on Proposed Parcel 2 has been designated as
a Danville Heritage Resource. In conjunction with the recordation of the
final map, a restriction binding the owners, successors, and assigns to this
condition will be a deed restriction, running with the land and all
subsequent conveyances of the subject property. This restriction shall be
reviewed and approved by the City Attorney prior to recordation. Any
future modifications to the historic Osborn House will require review and
Page 3 of Resolution No. 90-61
approval by the Heritage Resource Commission. All restorations shall be
consistent with the Secretary of Interior's Standards for Historic Preservation
Projects and the California State Historic Building Code.
The applicant shall dedicate an easement to be located approximately 18'
back from the existing top of bank to the Contra Costa County Flood
Control Flood Control District for flood control purposes and the Town of
Danville for a public access trail easement. The easement shall generally be
as depicted on Exhibit D - Staff Study of the November 27, 1990 Staff
Report. The proposed easement shall be dedicated on the Final Map.
PASSED, APPROVED AND ADOPTED THIS 27th day of November, 1990 by the following
vote:
AYES: Hendricks, Hirsch, Hughes, Hunt, Vilhauer, Frost
NOES:
ABSTENTION:
ABSENT:
Wright
Chief o~ng
APPROVED AS TO FORM:
ppmm64
Chairman
Page 4 of Resolution No. 90-61