HomeMy WebLinkAbout2020-05RESOLUTION 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.
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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).
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* 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: Bowles, Combs, Graham, Havlik, Trujillo, Verriere
NOES: None
ABSTAINED: None
ABSENT: Radich
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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