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Home My WebLink About070621-06.3ADMINISTRATIVE STAFF REPORT 6.3 TO: Mayor and Town Council July 6, 2021 SUBJECT: Resolution No. 33-2021, approving Subdivision Map SD 9566 for condo purposes, located at 321 Hartz Avenue BACKGROUND On July 28, 2020, the Planning Commission approved a one-lot subdivision map for condo purposes allowing the creation of twelve future commercial tenant spaces within the building located at 321 Hartz Avenue to be sold separately. DISCUSSION All Conditions of Approval have been satisfied. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. A copy of this Administrative Staff Report has been sent to the subdivider. FISCAL IMPACT None. Approving Subdivision Map, 2 July 6, 2021 SD 9566 RECOMMENDATION Adopt Resolution No. 33-2021, approving Subdivision Map SD 9566 for condo purposes, located at 321 Hartz Avenue. Prepared by: Fred Korbmacher Development Services Coordinator Reviewed by: Tai J. Williams Assistant Town manager Attachments: A – Resolution No. 33-2021 B – Subdivision Map C – Location Map D – Conditions of Approval c: Subdivider: Blue River Equity LLC, 321 Hartz Ave, Suite 200 Danville, CA 94526 Engineer: Debolt Civil Engineering 811 San Ramon Valley Blvd Danville, CA 94526 RESOLUTION NO. 33-2021 APPROVING SUBDIVISION MAP SD 9566 FOR CONDO PURPOSES, LOCATED AT 321 HARTZ AVENUE WHEREAS, Blue River Equity LLC, subdivider of said subdivision, has requested the Town of Danville approve said Subdivision Map; and WHEREAS, the Subdivision Map complies with standards set forth in the California Subdivision Map Act and Danville Municipal Code; and WHEREAS, subdivider has now complied with all Conditions of Approval established by the Town of Danville for the subject subdivision; and WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and WHEREAS, this Subdivision Map is consistent with the Town's General Plan; now, therefore be it RESOLVED, that the Subdivision Map is hereby approved, and Town staff is hereby authorized and directed to execute the same on behalf of the Town. APPROVED by the Danville Town Council at a regular meeting on July 6, 2021, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: _____________________________ ________________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 7A95179A-3F35-4035-86E2-348FA8447057 ATTACHMENT A A T T A C H M E N T B Site Location: 321 Hartz Avenue Project: SD 9566 - Subdivision Map for Condominium Purposes Location Map PROJECT SITE ATTACHMENT C 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. DocuSign Envelope ID: 285E41C4-056E-4BF1-9D15-D1A2CBD313FE ATTACHMENT D 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). DocuSign Envelope ID: 285E41C4-056E-4BF1-9D15-D1A2CBD313FE 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 conditions 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 DocuSign Envelope ID: 285E41C4-056E-4BF1-9D15-D1A2CBD313FE