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Home My WebLink AboutASRPC20200728-5.1 PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission July 28, 2020 SUBJECT: Resolution No. 2020-05, approving Vesting Tentative Parcel Map request SUB20-0001 for Condominium Purposes allowing the commercial tenant spaces within the building at 321 Hartz Avenue to be sold separately DESCRIPTION This application is a request to subdivide the commercial tenant spaces within the 12,250 square foot commercial building located at 321 Hartz Avenue. The condominium map would create air space parcels that can be sold and owned separately. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The site has a General Plan Land Use Designation of Downtown Master Plan, and is Zoned Downtown Business District Area 1; Old Town Retail. The division of the building would have no effect on the exterior appearance or occupancy of the building. Shared Facilities There are several common areas and facilities that require joint use and maintenance, such as corridors, stairways, garbage areas, roofing, siding, plumbing, and electrical systems. Like residential condominium projects, Covenants, Conditions, and Restrictions (CCR’s) providing for these conditions would be required to be drafted and recorded as part of the final map process. Building Code Issues The creation of new property lines may result in the need for building upgrades related to fire separations and suppression. This may result in the review and possible upgrade of sprinkler systems and the addition of fire rated walls. A determination will be made, and any improvements made prior to recordation of the final map. ENVIRONMENTAL REVIEW The project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15315, Class 15 (Minor Land Division). SUB20-0001 2 July 28, 2020 321 Hartz Avenue PUBLIC CONTACT Public notice of the July 28, 2020 hearing was mailed to property owners within 750 feet and posted online. A total of 144 notices were mailed to surrounding property owners. RECOMMENDATION Approve Vesting Tentative Parcel Map (SUB20-0001) for Condominium Purposes allowing the commercial tenant spaces within the building at 321 Hartz Avenue to be sold separately subject to the findings and conditions of approval contained within Resolution No. 2020-05. Prepared by: David Crompton Chief of Planning Attachments: A - Resolution No. 2020-05 B - Public Notification, Notification Map & Notification List C - Vesting Tentative SUB20-0001 RESOLUTION NO. 2020-05 APPROVING VESTING TENTATIVE PARCEL MAP REQUEST SUB20-0001 FOR CONDOMINIUM PURPOSES ALLOWING THE COMMERCIAL TENANT SPACES WITHIN THE BUILDING AT 321 HARTZ AVENUE TO BE SOLD SEPARATELY (APN: 199-350-038) WHEREAS, BLUE RIVER EQUITY, LLC. (Owner) DEBOLT CIVIL ENGINEERING (Applicant) have requested approval of Vesting Tentative Parcel Map request SUB20- 0001 for Condominium Purposes allowing the commercial tenant spaces within the building to be sold separately; and WHEREAS, the 12,250 square foot building is located at 321 Hartz Avenue, and further identified as Assessor’s Parcel Number 207-202-022; and WHEREAS, the Town of Danville’s Subdivision Ordinance requires Planning Commission approval of a Vesting Tentative Map for Condominium Purposes; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15315, Class 15, Minor Land Divisions; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 28, 2020; and WHEREAS, the public notice of this action was given in all respects as required by law; 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 approves Vesting Tentative Subdivision Map SUB20-0001 subject to the conditions contained herein, and make the following findings in support of this action: 1.The proposed subdivision is in substantial conformance with the goals and policies of the 2030 General Plan. 2.The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3.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 will be available to the new parcel. ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2020-05 4.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. 5.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 approval of the final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1.This approval is for a Vesting Tentative Parcel Map request SUB20-0001 for Condominium Purposes allowing the commercial tenant spaces within the building at 321 Hartz Avenue to be sold separately. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a.Vesting Tentative Parcel Map titled “321 Hartz Avenue,” as prepared by DeBolt Civil Engineering, consisting of one sheet, dated October 1, 2019. 2.All Town and other related fees that the property may be subject to shall be paid by the applicant. 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. The following fees are due at final map approval for the project: 1.Base Map Revision Fee ...............................................$ 188.00 2.Parcel Map Plan Check Fee ....................................$ 2,954.00 3.Prior to recordation of the final map, the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $224.52 (144 notices x $0.83 per notice plus $105.00). PAGE 3 OF RESOLUTION NO. 2020-05 * 4. As part of the initial submittal for the final map, plan check review process, the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project has been complied with. This report shall list each condition of approval followed by a description of what the property owner 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 condition s of approval. 5.Project specific Covenants, Conditions, and Restrictions (CC&Rs) shall be developed for the building. The CC&Rs shall provide for the use and maintenance of common areas and overall building maintenance, including shared corridors, stairways, garbage facilities, exterior walkways and landscaped areas, plumbing, HVAC, and electrical systems, and building roofing and siding. Draft CC&Rs shall be submitted to the Planning Division and City Attorney for review and approval prior to recordation of the final map. 6.Upgrades to the building which may be required related to build code and fire requirements shall e subject to review and approval by the Town’s Building Division and the San Ramon Valley Fire Protection District. Any required improvements shall be completed prior to recordation of the final map. APPROVED by the Danville Planning Commission at a special meeting on July 28, 2020, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING ATTACHMENT C