HomeMy WebLinkAbout044a-84 Town of Danville
542 San Ramon Valley Boulevard
Danville, CA 94526
(415) 820-6337
RESOLUTION NO. 44a-84
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DANVILLE
COMPLETION OF IMPROVEMENTS, MILLBROOK COURT ROAD IMPROVEMENT AGREEMENT
SUBDIVISION 4918
Millbrook Court, South of E1Cerro
On August 19, 1980, the Board of Supervisors of Contra Costa County
approved a Road Improvement Agreement for Millbrook Court, Subdivision 49!8,
with WSI Building Company, Inc.
Jurisdiction over this agreement passed to the City upon its incorpor-
ation, effective July 1, !982.
The City Engineer has notified this Council that the improvements
on Millbrook Court, have been completed as provided in the Road Improvement
Agreement.
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NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED
for the purpose of establishing a six-month terminal period for the filing
of liens in case of action under said Road Improvement Agreement:
DATE OF AGREEMENT SURETY
August 19, 1980 Lumbermen's Mutual Casualty Company
No. OST 342640
PASSED, APPROVED AND ADOPTED this 2!st day of May, 1_984 by the following
vote:
AYES: Lane, May, McNeely, Offenhartz, Schlendorf
NOES: None
,=~ ABSENT: None
Originator: Public Works (LD)
cc:Public Works - Des./Const.
WSI Building Co., Inc.
140 Mayhew Way, Suite 800
Pleasant Hill, CA 94523
Lumbermen's Mutual Casualty Co.
500 Shatto Place, Suite 601
Los Angeles, CA 90020
BODAN21.t5
RESOLUTION NO. 44-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
In Denying the Appeal of Fuchanan (Subdivision 5162, Lot 11)
1. On February 8, 1978, Subdivision 5162 was approved
by the San Ramon Valley Area Planning Commission. Condition
of Approval No. 21 of that Subdivision required the following:
"21. On Lots 8-12, inclusive, the Zoning
Administrator shall review and approve the
site plan, indicating specific location of
the building on the site, height of building
and location of driveways, in order to minimize
any intrusion of building on the ridge."
2. On April 15, 1982, the County Zoning Administrator
approved "in concept" conceptual plans dated April 14, 1982.
(Letter from Karl Wandry, County Zoning Administrator,
April 15, 1982.) A grading plan was approved by the Building
Inspection Department on June 14, 1983.
3. The Fuchanans submitted construction plans (stamped
June 30, 1983) to the Danville Planning Department for building
permit approval, which approval was denied. That staff denial
was appealed to the Planning Commission.
4. On October 24, 1983, the Planning Commission found
..................... ~ plans had been substantially modified,
did not conform to the previously approved conceptual plans,
and therefore required new approval, (The determination
that the construction plans did not conform to the conceptual
plans was based upon changes in square foot area of the
buildings, height of front wall, roof pitch and height,
architectural style, building location on the site, and a
change from detached to attached structures.)
The Commission then approved the alternate plans
subject to conditions. Condition No. 9 required that:
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"...the building pad be lowered to 590 feet
(A.M.S.L.) to reduce the protrusion of the
structure above the hilltop. Revised grading
plans shall conform to the natural grade of
the site to the fullest extent possible.
Revised grading and downstream drainage plans
shall be submitted subject to City Engineer
and Director of Planning approval, consideration
shall be given to the feasibility and aesthetic
and physical impacts of the reduction of the pad."
5. The Fuchanans requested modification of Condition
No. 9. On January 9, 1984, the Planning Commission decided,
based on engineering reports and further public input, not
to modify Condition No. 9. The Planning Commission's
decisions (indicated in Paragraphs 4 and 5) were appealed
to the City Council.
6. On March 5, 1984, after proper notice, the
Council held a hearing on the appeal and received testimony
from the applicant and from interested citizens.
7. The City Council has read the written information
provided by staff and the appellant and has listened to the
testimony presented at the appeal hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DANVILLE FINDS AND RESOLVES AS FOLLOWS:
1. Its findings in the appeal of Mr. and Mrs. Fuchanan
from Planning Commission's decisions regarding Lot 11,
Subdivision 5162 are:
a. The construction plans submitted to the
City by the Fuchanans (plans dated June 30, 1983)
were substantially different from those previously
approved by the County Zoning Administrator on
April 15, 1982. Therefore, the previous approval
by the County Zoning Administrator was not
applicable to the construction plans and new
approval was required.
b. In approving the construction plans, the
Planning Commission approved the project subject
to certain conditions including Condition No. 9.
That condition of site plan approval is consistent
with condition 21 of the original subdivision
conditions of approval (which emphasized minimizing
any intrusion of the building onthe ridge) and is
appropriate because:
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(1) By lowering the building by
approximately ten feet, the roof line of
the building will be less intrusive on the
ridgeline as viewed from off-site;
(2) Drainage will be improved on the
site and off-site by lowering the pad
elevation and shifting the building back
toward the knoll. This allows for greater
undeveloped area on the sitefor collection
and drainage of storm water.
(3) Lowering the pad elevation is the
single most mitigating factor to satisfy the
conditions of subdivision approval which
emphasized minimizing the ,intrusion of the
building on the ridge.
2. Because of the foregoing findings, the appeal of
Mr. and Mrs. Fuchanan is denied, and the decisions of the
Planning Commission to (1) review the alternate site plan
for compliance with previously approved plans and (2) impose
Condition No. 9 to that approval are affirmed.
PASSED AND ADOPTED BYTHE CITY COUNCIL OF THE CITY
OF DANVILLE THIS 7th day of May , 1984, by
the following vote:
AYES: Lane, Mc Neely, Offenhartz, Schlendorf
NOES: None
ABSENT: May
ATTEST:
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