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HomeMy WebLinkAbout98-09 EXHIBIT A RESOLUTION NO. 98-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A REVISED DEVELOPMENT PLAN REQUEST DP 98-15 ALLOWING NEW ARCHITECTURE FOR HOMES TO BE BUILT ON A PREVIOUSLY APPROVED 13-LOT RESIDENTIAL SUBDIVISION (APN: 207-050-017, 014) WHEREAS, Standard Pacific of Northern California has requested approval of a revised Final Development Plan application to allow new architecture for homes to be built on a previously approved 13-1ot residential subdivision on a 69+/- acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara at the intersection of Camino Tassajara and Glasgow Circle and is further identified as Assessor's Parcel Numbers 207-050-017, 014; and WHEREAS, the Town of Danville's P-1; Planned Unit Development District Ordinance requires approval of a Final Development Plan prior to development of the site; and WHEREAS, the Town Council approved a Preliminary and Final Development Plan allowing the development of 13 single family homes and parcel reserved for the future development of a child care facility on August 27, 1996; and WHEREAS, the applicant is requesting to revise the previously approved Final Development Plan to allow new architecture for the 13 residential lots within the subdivision; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 10, 1998; 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 PAGE 1 OF RESOLUTION NO. 98-09 60-g6 'ON MOI,LfrIOSsdH ~O Z 5d[DVd '(8~'96 '°N u°gnl°soH l!°un°Z) u/~o~L) Z0-96 field 3opun po~mdde ~isno!Aa~d le~mddu 3o suo!l!puoo iie ql!~ 1uols!suoo oq l[eqs 1~o2d s!ql jo 1uotudolo,~op 'suo!1!puoo osoq1 Kq po~!potu oq Xetu s~ 'q .g 'I qVAOHddV ~IO SNIOI,LI(INIOD · pooq~oqqg!au aql u!ql!~x ,uatudolaAop leu!gaetu agg2noauo lou ll!~x treld luatudola~xap aq,L '9 · Xl!untutuoo .~o pooq~oqqg!au aql u!ql!~x uao[qo~d ,uotuoa~ojuo .~o\pug aaues}nu e algaao lou II!~ tmld luauadoloAop oq~L 'ueld ImauaD aql ,(q las se sleog pue ,(a!lod oql DaJJg XlosaoAlYe ,ou ll!~x treld luouadolaAop 'u~xo.L aql u!ql}~x osgq xel aqI jo uo!Dalo3d oql pug sanlgA rc4Iado~d Jo uo!m~oso~d oql looms 31IOS~OApg IOU 'u~xO,L aql u}ql!~x Xlaodo3d Jo lUatUdOl0AOp £1.~op.~o aq~ Doge ,(Ias~oAlYe lou II}g tmld luotudoloAap aqdL '[ · u~xoL o ql jo a~ejla~x leJauog pus %ajes 'qlIeaq aql ol Igluotuplap oq ,ou l[!~x asn ugld luatudolaAap oqgL :uo}~as s!qUo laoddns u! sgu!putj gu!~xo[loJ aql so~letu pue 'u$a~aq pau}~luoa suo!l!puoa aql aad g1-86 dCl ugld ,uatudolaAaG igu!d pos!Aaa aq, saAo~ddg all!Atm(I Jo u~xo& oq3jo uo}ss!tutuo3 gu!uusld oql lsq3 IltAqOS2tll Architecture for the "affordable" units to be constructed on Lots 12 and 13 shall be modified by adding either a real or faux vent near the peak of the rear elevations, subject to review and approval by the Planning Division. The small window along the side elevation of the units to be constructed on Lots 12 and 13 (appears to be a shower window) shall be modified to align (vertically) with the other second floor windows on this elevation. Prior to issuance of buildings permits for the project, the applicant shall reimburse the Town for costs associated with notifying surrounding residence of the public hearing. The fee shall be $270.75 (361 notices X $0.75 per notice). Colors and materials for the development shall be as shown on the color and material board on file with the Planning Division and displayed at the Planning Commission meeting. The developer shall make the child care parcel available to potential child care providers at a maximum sale price of eleven dollars per square foot Sale and development of the childcare parcel shall be consistent with the childcare parcel Declaration of Restriction and Agreement previously approved by the Town Council (Town Council Resolution No. 40-98). On a yearly basis from the date ofrecordation of the final map, the applicant shall provide documentation to the Town of the efforts being made to sell the propeay for development of a child care facility. If the parcel is not sold within five years of the recordation of the final map, the title to the parcel shall be transferred to the project's homeowners' association (HOA), with maintenance responsibilities of the parcel to be the responsibility of the HOA. With the transfer of the parcel to the HOA, the Preliminary Development Plan-Rezoning authorization to develop the site as a child care facility shall be null and void. In the event that a child care facility is not developed on the parcel, other uses of the parcel, consistent with the parcel's General Plan land use designation of Public and Open Space - Parks and Recreation, may be considered by the Planning Commission under a separate Final Development Plan application. The development's Conditions, Covenants and Restrictions (CC&Rs) shall include a mechanism to provide for the ownership and maintenance of this parcel if not sold to a child care operator or should a child care facility not be built on the site within the stated time frame. The applicant shall design and construct a six foot wide, approximately 50 foot long, pedestrian bridge over Sycamore Creek. The bridge is planned to be located to the east of the subject property within the Town's pedestrian trail easement over property owned by the Brookview Homeowners' Association. The bridge shall include a wood deck, self weathering steel, safety rails, and rub rails. In addition, the approaches to the bridge shall PAGE 3 OF RESOLUTION NO. 98-09 be designed and constructed to connect with the existing and/or planned creek trail on both sides of the bridge. The bridge and the approaches to the bridge shall be designed to meet all required handicap accessability standards. The exact most feasible and desirable location within the Town's creek trail easement shall be determined as part of the review of the improvement plans for the project. The bridge design shall be developed as part of the improvement plans for the project. Upon completion of the bridge, the Town shall reimburse the developer 50 percent of the cost of the bridge. The Town's contribution shall not exceed $26,500.00. The applicant's contribution shall not exceed $26,500.00. APPROVED by the Danville Planning Commission at a Regular Meeting on March 10, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Moran, Osborn, Rapp, Combs Bowlby, Hunt, Jameson Chairman APPROVED AS TO FORM: City Attorney pdcz 170 PAGE 4 OF RESOLUTION NO. 98-09