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HomeMy WebLinkAbout2000-15RESOLUTION NO~ 2000-15 APPROVING MINOR SUBDIVISION REQUEST MS 852-2000 ALLOWING THE SUBDIVISION OF ONE 50,530 +/- SQUARE FOOT PARCEL INTO TWO PARCELS, RESULTING IN ONE ADDITIONAL PARCEL (APN: 208-060-023 - RITCHEY) WHEREAS, Samuel Donley Ritchey, Jr. and Sharon Marie Ritchey as co-trustees under the Ritchey Revocable Inter Vivos Trust have requested approval of a Minor Subdivision application MS 852-2000 to allow the subdivision of one 50,530 +/- square foot parcel into two parcels, resulting in one additional parcel; and WHEREAS, the subject site is located at 120 and 140 Town and Country Drive and is further identified as Assessor's Parcel Number 208-060-023; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision - Tentative Map prior to the recordation of the Parcel Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 9, 2000; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 Planning Commission of the Town of Danville approves Minor Subdivision request MS 852-2000 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed subdivision is in substantial conformante with the goals and policies of the 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable ~l-oOOZ 'ON MOI~LfI'IOS~ 3[0 ~ ~IDV,I 'I qV~ditNitD 'V 'I~Aoadd~ Jo suo!3dpuoo loo.¢o~d p~pu~ls are utunloo ptreq-U~[ aql u! (,,,,,) >lspalse u~ ql!~. i~Ao~dd~ Jo suo!l!puo3 qVAOHddV 30 SNIOI,LlllNI03 · uo!s!A!pqns pasodmd u!ql$~x/~do~d 3o ~sn ~o q~no~ql ssaoos aoj '~nI ~ o!lqnd aq, ~iq p~a!nboe 'sluomase~ ql!~x l~!ljuoo lou iiTA sluatu~Amdtu! pasodmd pus uo!s~pqns p~sodo~d oqljo u~!s~p '9 '3u~tudol~A~p ~u!ls!xo ~q; Jo Xl!su~p aql aoJ ~IqmSns XHso}sXqd s! uoSs!A.xpqns oql Jo Xl$suap 'suo!leln~aa Su~uoz ,~t Prior to recordation of the final parcel map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $162.00 (108 notices x $0075 per notice x two notices). The fee required to file a Notice of Exemption with the Contra Costa County Clerk shall be submitted by the applicant to the Town of Danville~ The fee shall be $25.00, and the check shall be made payable to Contra Costa County Clerk. As part of the initial submittal for the final map plan check, the applicant shall submit a written "Compliance Report" detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition The report must be signed by the applicant. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. The property owner shall establish an agreement for the two parcels created by this subdivision pertaining to shared use of the existing trash enclosure located on Parcel B. The agreement shall be established for review and approval by the Town prior to recordation of the parcel map. The south side property line proposed for Parcel A shall be shifted to the south one additional foot to establish a three foot setback from the eave line of the existing structure on Parcel A, subsequent to review and approval by the Town prior to recordation of the parcel map. The project site contains five Town-identified protected oak trees (two significant specimens located in the parking areas). These trees shall be maintained in a healthy growing condition at all times. No concrete or asphalt shall be placed within five feet of the trunk of these trees. Only pervious decorative landscape material (such as river rock, bark, etc.) shall be allowed near the trunk of the trees. If it is determined by staff in the future that the health of the oak trees on the site has deteriorated, the Town may require, at the property owners expense, an Arborist report to be prepared which identifies tree preservation measures, at which time, the property owner shall be responsible to implement the identified measures to preserve the identified threatened trees. PAGE 3 OF RESOLUTION NO. 2000-15 t-'- B. SITE PLANNING C, D, Future development of Parcel A or B shall be subject to review under a separate Development Plan application, PARKING The property owner shall establish a Parking Management Plan for the two parcels created by this subdivision. This plan shall establish designated areas for employee parking. Employees shall not be allowed to park along Town and Country Drive in the 2-hour parking limit area. This area shall remain available for patrons of the office compleL This plan shall be submitted for review and approval by the Planning Division prior to recordation of the final parcel map. A Joint Parking Agreement for the shared use of both parking lots for all building tenants and patrons of Parcel A and B shall be submitted for review and approval of the City Attomey prior to recordation of the final parcel map. Notification of the Joint Parking Agreement shall be recorded to run with the title of both parcels concurrently with the recordation of the final parcel map. INFRASTRUCTURE All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. Parcel A and B shall include separate meters for all utilities (water, gas & electric, phone, etc). Proof that separate meters have been provided for the utilities shall be submitted to the Town prior to recordation of the final parcel map. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff Any other change will require Planning Commission approval through the Development Plan review process. The property owner(s) of Parcel A and B shall not be allowed to construct a good neighbor fence along the south interior property line of Parcel A and the north interior property line of Parcel B. This area shall remain unobstructed to allow for the continued shared use of the parking areas. PAGE 4 OF RESOLUTION NO. 2000-15 APPROVED by the Danville Planning Commission at a regular meeting on May 9, 2000, by the following vote: AYES: NOES: - ABSENT: Combs, Jameson ABSTAINED: - Graham, Hunt, Moran, Osborn, Rapp APPROVED AS TO FORM: Chairman City Attorney ChieTZ~'~ of~la PAGE 5 OF RESOLUTION NO. 2000-15