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Home My WebLink About96-18 EXHIBIT A RESOLUTION NO. 96-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 854-96 ALLOWING THE CRF~TION OF ONE NEW PARCEL AT 310-334 HARTZ AVENUE AND 155 DIABLO ROAD (APN: 208-010-022 & 023) WHEREAS, James E. Close Jr. has requested approval of a Minor Subdivision to subdivide an existing parcel to create one additional parcel on an existing 1.36+ acre site; and WHERF~S, the subject site is located on the south side of Diablo Road, the east side of Hartz Avenue and the west side of Front Street~ at 310-334 Hartz Avenue and 155 Diablo Road and is identified as Assessor Parcel Numbers 208-010-022 & 023; and WHEREAS, the Town of Danville Subdivision OrdinanCe (Chapter 31 of the Danville Municipal Code) requires approval of a tentative map prior to the recordation of a parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 14, 1996; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California QualityAct (CEQA) Section 15315, Class 16; 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 Minor Subdivision request MS 854-96 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed subdivision is consistent with the goals and policies of the Danville 2005 General Plan. PAGE 1 OF RESOLUTION NO. 96-18 The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations~ The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services are currently provided to both parcels° 4. The density of the subdivision is physically suitable for the site. o 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. 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. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a two parcel Minor Subdivision request authorizing the subdivision of an existing parcel identified as 310-334 Hartz Avenue and 155 Diablo Road (APN: 208-010-022 & 023). Except as may be modified by conditions contained herein, development shall be substantially as shown on the Vesting Tentative Map labeled 310 thru 334 Hartz Ave. & 155 Diablo Road, as prepared by DeBolt Civil Engineering, dated received by the Planning Division on March 8, 1996. PAGE 2 OF RESOLUTION NO. 96-18 o The applicant shall pay or be subject to 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. Notice should be taken specifically of the Flood Control & Water Conservation District (Drainage Areas and Mitigation), Base Map revision, Plan Checking and Inspection fees. * 3. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required byAB 3185. The fee shall be $25.00. B. STORM WATER POLLUTION CONTROL All existing trash and refuse areas shall be contained within trash enclosures architecturally compatible with the existing project architecture (the existing trash enclosure located adjacent to and west of the Payless Drug Store site currently satisfies this requirement). The trash enclosure design shall include six foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates shall be self-closing and self-latching. The trash enclosures shall be covered. The design of the trash enclosures is subject to review and approval of the Design Review Board, the local disposal and recycling company, and Planning and Engineering staff prior to construction. The trash enclosure/s shall be constructed prior to recordation of the Parcel Map or shall be included as a part of a subdivision improvement agreement. C. PARKING The property owner shall record a non-exclusive reciprocal parking agreement to allow all on-site parking located west of the existing 12,200+ square foot Payless Drug Store building to be available to customers and employees of all tenant spaces located on Parcels A and B. The reciprocal parking agreement is subject to the review and approval of the City Attorney and shall be recorded prior to or concurrently with the Parcel Map. Based on the existing tenant uses on the subject site and current parking standards for the downtown area, a total of 88 parking spaces are required for this site. A total of 67 parking spaces are currently provided on-site. Based on the approval of Ordinance No. 94-08 (Tn-Lieu Parking Fees) no PAGE 3 OF RESOLUTION NO. 96-18 Do Eo parking fees will be required for the purchase of the 21 off-site parking spaces~ STREETS All damaged sidewalk areas, handicap ramps, metal storm drain plates and utility boxes along the sweet frontages of the subdivision site shall be repaired subject to the review and approval of the City Engineer. The property owner shall dedicate a street and utility easement along the frontage of Front Street to the Town of Danville subject to the review and approval of the City Engineer. The easement is a triangular area that extends from the 20 foot radius curve at the southwest corner of Diablo Road and Front Street to an approximate eight foot width at the southerly property line of the subject property. Existing asphalt and earthen tree wells located within sidewalks surrounding this subdivision shall be filled with concrete subject to the review and approval of the City Engineer prior to recordation of the Parcel Map or shall be included as a part of a subdivision improvement agreement, Street trees shall be installed along the Diablo Road frontage of the subdivision site at appropriate locations consistent with the tree species and spacing requirements discussed in the Town of Danville - Old Town Beautification Plan subject to Planning staff review and approval. MISCELLANEOUS The applicant shall diligently pursue the securement of a Lot Line Adjustment with adjacent property owners to the south (APN: 208-010-003, 004 & 005) to correct the existing building encroachment of the Payless Drug Store building on adjacent properties to the south. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Minor Subdivision application, which action is brought within the time period PAGE 4 OF RESOLUTION NO. 96-18 provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense° The existing fence located on the south property line east of the Payless Drug Store building shall be replaced subject to the review and approval of the Planning Division prior to recordation of the Parcel Map or shall be included as a part of a subdivision improvement agreement. Directional striping shall be painted on the asphalt within the parking lots subject to prior review and approval by the City Engineer° APPROVED by the Danville Planning Commission at a Regular Meeting on May 14, 1996, by the following vote: AYES: NOES: - ABSTAINED: - ABSENT: - Bowlby, Hunt, Jameson, McEvilly, Moran, Osborn, Murphy -C~aairman ~ APPROVED AS TO FORM: City Attorney ~'- pi ~y pdpz86 PAGE 5 OF RESOLUTION NO. 96-18