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HomeMy WebLinkAbout010-95RESOLUTION NO. 10-95 APPROVING A DEVELOPMENT PLAN (DP 92-15) REQUEST AUTHORIZING CONSTRUCTION OF A SECURITY GATE AT THE ENTRY TO THE WEST BRIAR KNOLLS SUBDIVISION WHEREAS, the West Briar Knolls Homeowners have requested approval of a Development Plan application to allow construction of a security gate for purposes of controlling vehicular access into the development; and WHEREAS, the West Briar Knolls Homeowners have indicated that the proximity of the subdivision entry to 1-680 constitutes a special circumstance justifying deviation from Town policy of avoiding the use of private security gates at subdivision entries; and WHEREAS, the Danville Planning Commission denied the application without prejudice on January 6, 1993; and WHEREAS, the West Briar Knolls Homeowners filed an appeal of the Planning Commissions denial of the Development Plan application; and WHEREAS, undesirable activities have continued to occur within the neighborhood related to cars exiting 1-680; and WHEREAS, the appeal was considered by the Town Council on March 16, 1993 and January 17, 1995; and WHEREAS, the public hearing was noticed in a manner required by law; now, therefore, be it RESOLVED, that the Town Council hereby adopts Resolution No. 10-95 approving Development Plan request DP 92-15 and finds that there are special circumstances which compromise public safety within this residential development and justifies installation of the proposed security gate system subject to the findings and conditions of approval contained herein. FINDINGS , The proximity of the subdivision entry to the E1 Pintado exit from 1-680 constitutes a special circumstance creating impacts (i.e. creates undesirable public activity within the subdivision) which negatively affect the residents of the subdivision. . The project residents have documented that unwanted activities have continued to occur within the subdivision after completion of the construction phase of the project. 2. Installation of a security gate system will not create a traffic safety problem along La Gonda Way. 4. Vehicular circulation on the public street system will not be impacted as the PAGE 1 RESOLUTION NO. 10-95 proposed security gate will be constructed on a private street maintained by the Homeowners Association. 5~ Public access to the historic midden area will not be compromised by the installation of the security gate system. CONDITIONS OF APPROVAL This approval authorizes installation of a security gate at the entry to the West Briar Knolls subdivision. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. A&D Automatic Gate Company - West Briar Knolls, dated September 16, 1994. . The applicant shall pay 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. . Final median landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray. . All existing planting at the entry site shall be preserved. Removal or modification of this planting will be allowed only upon receipt of prior written approval from the Planning Division. . All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. , Any damage to street improvements on or adjacent to the subject property resulting from installation of the security gate system shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. , The existing private road maintenance agreement shall be revised to include maintenance of the security gate and all associated hardware. The revised maintenance agreement shall be submitted to the Planning Division prior to issuance of any permits for the security gate. The residents of the development shall be responsible for all costs associated with the design installation and maintenance of the security gate system. PAGE 2 RESOLUTION NO. 10-95 . All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. 10. All new utilities required to serve the security gate shall be installed underground. 11. 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. 12. The West Briar Knolls Homeowners shall provide the San Ramon Valley Fire Protection District, Danville Police and Parks and Recreation Department, the U.S Postal Service, Waste Management Company and all service providers with the appropriate code or key to manually operate the security gate system. Written evidence that this condition has been satisfied shall be submitted to the Planning Division prior to operation of the security gate system. 13~ 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 Development Plan application, which action is brought within the time period 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. APPROVED by the Danville Town Council at a Regular Meeting held on January 17, 1995, by the following vote: AYES: NOES: ABSTAINED: None ABSENT: None Greenberg, Doyle, Ritchey, Shimansky, Waldo None CITY ATTORNEY MAYOR ATTEST: CITY CLERK PAGE 3 RESOLUTION NO. 10-95