HomeMy WebLinkAbout036-96RESOLUTION NO. 36-96
DENYING THE SUBDIVISION MAP AND IMPROVEMENT AGREEMENT
FOR MS 852-94 (JOHNSON)
WHERFakS, James Johnson ("Subdivider") is the Subdivider of said subdivision; and
WHERF~S, the subject site is located at 786 and 800 Danville Boulevard, and is identified
as Assessor's Parcel Number 200-090-009 & 022; and
WHEREAS, the Subdivider has requested the Town of Danville approve said Subdivision
Map and Improvement Agreement; and
WHEREAS, a staff report was submitted recommending that the Town Council approve
the request; and
WHEREAS, the Town Council did review the proposed subdivision map and improvement
agreement on April 2, 1996 and continued the item to the April 16, 1996 Town Council
meeting requesting additional information; and
WHEREAS, after hearing and considering all reports, recommendations, and testimony
submitted in writing and presented at the hearing, the Town Council voted to deny the
Subdivision Map and Improvement Agreement by a vote of 4-1 (No: Arnerich, Doyle,
Greenberg, Shimansky; Yes: Waldo); now therefore, be it
RESOLVED, by the Town Council of the Town of Danville that this Subdivision Map and
Improvement Agreement are hereby determined to be substantially inconsistent with the
tentative map based on the following findings:
0
The approved tentative map, along with the Fill Plat and Creek Improvement Plan
Streambed Alteration Permit which were incorporated into the tentative map by
Condition of Approval A. 1, assumed that the subdivider would completely fill the
western creek tributary on the property with engineered fill. The approved
building envelopes for Parcels A and B were located in large part on this area of
fill. In addition, the tentative map assumed that an at-grade driveway would cross
the filled tributary to provide access to the Gentile property.
0
Conditions of Approval D.11 and D.12 required the subdivider to conduct all
grading in accordance with the requirements of the DeparUnent of Fish and Game,
the Army Corps of Engineers and the Contra Costa County Flood Control and
Water Conservation District.
.
Subsequent to the Town of Danville's approval of the tentative map, the Regional
Water Quality Control Board, acting under its jurisdictional authority, determined
that the subdivider would not be permitted to place any fill in the western tributary
on proposed Parcel A.
o
Based on the requirements of these agencies, the proposed final map contained
several substantial changes from the approved tentative map. These changes
include:
a) The requirement that a bridge of approximately 80 feet in length be
constructed across the unfilled tributary on Parcel A in order to access the
adjoining Gentile property. Neither the design nor safety of such a bridge has
been reviewed by the Town°
b) The building envelope on Parcel A has been substantially reduced in size
due to the elimination of the fill in the tributary on Parcel A. The size of the
building envelope on Parcel A has been further reduced by the San Ramon Valley
Fire Protection District's requirement to provide a hammerhead turnaround on
Parcel A. This requirement arose after the approval of the tentative map which
proposed an alternate method of fire access to Parcel B through an easement on
the adjoining Moss property. The final map did not contain this easement.
c) Based on the tentative map's plan to fill the entire tributary on Parcel A, the
Contra Costa County Flood Control and Water Conservation District had consented
to the elimination of existing structural setbacks on Parcel A. At the time of the
Town Council's vote on this proposed final map, the Flood Control District had
not provided written confirmation that given the change in circumstances on Parcel
A that the Flood Control District will consent to the elimination of these structural
setbacks.
o
Given these substantial changes caused by the actions of other regulatory agencies
subsequent to the Town's approval of the tentative map, the Town Council cannot
find that the proposed final map substantially conforms to the approved tentative
map.
APPROVED by the Danville Town Council at a Regular Meeting held on May 7, 1996, by
the following vote:
AYES:
NOES: Waldo
ABSTAINED: None
ABSENT: None
Greenberg, Shimansky, Arnerich, Doyle
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 2 RESOLUTION NO. 36-96