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HomeMy Public PortalAbout07 Appeal of Application 04-076 Town of Truckee California RESOLUTION NO. 2006-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE DENYING THE APPEAL OF APPLICATION NO. 04-076/'rM IN PART AND AFFIRMING THE PLANNING COMMISSION'S ACTION TO APPROVE THE TENTATIVE MAP IN PART WHEREAS, Tom Grossman submitted an application requesting Tentative Map approval to subdivide a 45.53-acre site into 31 single-family parcels, up to nine commonly owned parcels, and one publicly-dedicated open space parcel on assessor's parcel number 48-220-14; and WHEREAS, the Town of Truckee Planning Commission, as the authorized review body for Tentative Maps proposing more than four lots, and at a duly noticed public hearing, approved the proposed Tentative Map with additional/modified conditions; and WHEREAS, Tom Grossman and the Glenshire-Devonshire Residents Association submitted a joint appeal of the Commission's decision to approve the Tentative Map with modifications to conditions of approval No. 6, No. 9, No. 10, No. 12, No. 14, No. 16 and No. 24 and incorporation of conditions of approval No. 38-45; and WHEREAS, the Town Council is responsible for considering appeals of Planning Commission decisions and considered the appeal at a duly noticed public hearing; and WHEREAS, the Town Council received testimony on the appeal from the appellant; applicant and all other persons wishing to provide testimony and considered such testimony in their decision. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TRUCKEE as follows: 1. The Council hereby grants the appeal of Tom Grossman and the Glenshire- Devonshire Residents Association to modify condition of approval No. 7and to delete conditions of approval No. 43, No. 44, and No. 45 as set forth in Exhibit B. 2. The Council hereby upholds the Planning Commission's approval of the Tentative Map as shown in Exhibit "A," with modifications to conditions of approval No. 6, 9, 10, 12, 14, 16, and 24 and incorporation of conditions of approval No. 1-8, 11,13, 15, 17-23, and 24-42 contained within Planning Commission Resolution No. 2006-02, and incorporated herein as Exhibit "B," conditions of approval. BE IT FURTHER RESOLVED, the Town Council adopts the findings set forth in Exhibit "C" (Findings) in support of the Council's actions. Further, the Council accepts the evidence and information provided in the Town Council Staff Report prepared for the appeal hearing as further support of these actions as well as testimony provided at the hearing. The Town Council finds based upon such evidence that its decision is supported by such substantial evidence contained in the administrative record. The foregoing Resolution was introduced at a Regular Meeting of the Truckee Town Council, held on the 16th day of March 2006, by Council Member Green, who moved its adoption, and which motion was duly seconded by Council Member Threshie was adopted by the following vote: AYES: Council Members Green, Threshie, Susman, Vice Mayor Anderson,a nd Mayor Ingalls. NOES: None ABSENT: None ~%-_ ~.~.'-~. ~/iL,. /L.~ B~t~ Ingalls, May~r ATTEST: Judy P/~ce, C~C, Town Clerk Attachments: Exhibit A--Tentative Map Exhibit B--Conditions of Approval Exhibit C--Findings ' ' '-' ' - --' ,r. - :-~J-'~" LEGEND IMPERVIOUS SURFACE CALCULATION ~' PA~-.CEL AR,EA: 1,953,232 5F (45,5~ AC~5) ~ ROADSr g&,451 D~ ( 2.03 AC~5) ' D~VEWAY5 (600 5~/LOT): 15,GOO 5~ ( 0,43 ACR~5) BUILDINGS (2,500 5BLOT): 77,500 5~ ( 1.75 AC~5) TOTAL: 184,55 I 5~ ( 4.24 AC~5) COVE~GE= ~ 5~,55 I/ I ,953,232=9.3 % 9.3 % IMPERVIOUS OPEN SPACE CALCULA~ON PUDL{C ACCE55: P~VATE OFEN TOTAL; = I ,4G~,440 5F (33.73 ACRES) I ,4G9,440/I ,983,232= 74.09 % 74% OPEN 5PACE ~ SNOW AREA CALCULATION FAV~D A~A; ~OADS: ~8,45 I 5F ~ ,- 50%X ¢8,451 = 44,225 5ff ~ . 5NOW 5TO~G~ PROVIDED: t 2 I ,&50 DP CONSTRU~ION NOTES: ~PICAL LOT D~AiL TOWN COUNCIL RESOLUTION NO. 2006-07 EXHIBIT "B" APPLICATION NO. 04-076 SIERRA BLUFF SUBDIVISION CONDITIONS OF APPROVAL General Conditions of Approval 1. A Tentative Map is approved for the subdivision of a 45.43-acre parcel into 31 single-family parcels, up to nine commonly owned parcels and one-publicly dedicated open space parcel as described in the January 11,2006 Planning Commission Staff Report, as shown on the site plan and civil drawings prepared by Fen'ell Civil engineering on September 22, 2005 and on file in the Community Development Department except as modified by these conditions of approval. The applicant is responsible for complying with all conditions of approval and providing evidence to the Town Planner of compliance with the conditions. (Planning Division) 2. In accordance with Section 18.84.050 of the Development Code, the approval of the Tentative Map shall be valid for 24 months after its effective date of February 16, 2006. At the end of that time, the approval shall expire and become null and void unless the time limits of the land use permit is extended per Section 18.84.050(C) of the Development Code. (Planning Division) 3. The Town Planner may authorize minor alterations to the approved Tentative Map and conditions of approval in accordance with Section 18.84.070.B.1 of the Development Code. Major changes and alterations to the approved Tentative Map and conditions of approval shall be reviewed and approved by the Planning Commission in accordance with Section 19.84.070.B.2 of the Development Code. (Planning Division) 4. The project shall comply with all applicable provision and standards of the 2001 Development Code, including, but not limited to the following: ,,' Air Emissions in accordance with Section 18.30.030; v' Open Space in accordance within Chapter 18.46; · " Drainage and stormwater runoff in accordance with Section 18.30.050; · ,'Snow Storage in accordance with Section 18.30.130; ,,' Exterior lighting in accordance with Section 18.30.060; The provision and standards of the Development Code that shall be applied to this project shall be those provision and standards in effect on August 4, 2003. It is the applicant's responsibility to demonstrate compliance to the Planning Division prior to issuance of any grading or building permits or Improvement Plan approval. (Planning Division) 5. The applicant shall defend, indemnify, and hold harmless the Town and its agents, officers, and employees from any claim, action, or proceeding against the Town to attack, set aside, void, or annul the approval of the Town Council, which action is brought within the time period provided for by State law. (Planning Division, Town Attorney) Site and Building Desi.qn 6. The following language shall be included on the supplemental sheet of the Final Map and within the project CC&Rs, "Tree removal not identified on the Tentative Map within the common/snow storage/open space areas shall be prohibited. Exceptions for the removal of diseased or dying trees, or removal required by the Truckee Fire Department for fuel clearance or fire suppression shall be approved by the Town Planner." (Mitigation Measure la as modified by the Planning Commission and supported by the Town Council) 7. Fences shall be prohibited within common areas and the public open space with the exception of fencing along the northern property boundary. Fencing for individual parcels shall be consistent with Development Code Section 18.30.070. (Mitigation Measure lb as modified by the Town Council) 8. Entry gates shall be prohibited. (Mitigation Measure lc) 9. Subdivision street lighting or lighting within the amenities area shall be prohibited. (Mitigation Measure ld as modified by the Planning Commission and supported by the Town Council) 10. Materials excavated shall be sufficiently watered to prevent excessive amounts of dust. Watering, with complete coverage shall occur a minimum of three times per day preferably in the late morning, mid-afternoon, and after work is done for the day. (Mitigation Measure 2a) 11. All stockpiles that are not in use for five or more days shall be tarped. (Mitigation Measure 2b) 12. To offset project contributions to cumulative air quality degradation in the area, woodstoves and other wood-burning devices shall be prohibited within the project by placing a deed restriction on the title, or the developer shall pay the fee applicable at the time of Final Map recordation to the Air Quality Mitigation fund to ensure no net increase in particulate matter from woodstoves. (Mitigation Measure 2c) 13. If artifacts, paleontological or cultural, or unusual amounts of stone, bone, or shells are uncovered during construction activity, all construction activities shall cease within a 200-foot radius of the find. The Town planner shall be notified of the find, and an archaeologist shall investigate the find and determine the extent and location of the discovered materials. The archaeologist shall amend the cultural resources evaluation conducted on the site to determine the significance of the discovered materials and to identify Mitigation Measures to eliminate or reduce any significant effects to a less than significant level in accordance with the CEQA Guidelines. The Town Planner shall require the Mitigation Measures to be incorporated into the project and to be implemented prior to recommencement of construction activity. Construction shall not recommence until authorized by the Town Planner. (Mitigation Measure 4a) 14. The applicant shall submit a supplemental noise study prepared by a qualified noise analyst to the Town Planner for review and approval prior to recordation of the Final Map. The purpose of the study is to ensure that a maximum 45 dB CNEL interior noise level can be maintained within residences built on lots #7, #8, #9, #1 O, #24 and #25. Mitigation measures identified in the noise study shall be incorporated in the project CC&Rs. Prior to issuance of any building permits for buildings on said lots, the architect or owner shall certify on the building plans that noise mitigation measures--as identified in the CC&Rs--have been incorporated into the building design to reduce interior noise levels to 45 dB CNEL. Creation/recordation of single-family parcels that cannot demonstrate a maximum 45 dB CNEL noise level shall be prohibited. The following note shall be included on the supplemental sheet of the Final Map, "Residential construction proposed on Lots #7, #8, #9, #10, #24, and #25 shall demonstrate a maximum 45 dB CNEL interior noise level prior to building permit issuance. Creation/recordation of single-family parcels that cannot demonstrate a maximum 45 dB CNEL noise level shall be prohibited."(Mitigation Measure lOa as modified by the Planning Commission and supported by the Town Council) 15. A landscaping buffer comprised of various trees and shrubs shall be installed along the northern property boundary. The amount, type, and location of the proposed plants shall be reviewed and approved by the Town Planner prior to the issuance of Improvement Plans. All landscaping buffer requirements shall be installed prior to recordation of the Final Map unless a bond/security in the amount of 125% of the total cost of the materials and labor is submitted to the Planning Division. (Mitigation Measure lOb) 16. The following language shall be included on the supplemental sheet of the Final Map, "Dwelling unit(s) on Lots #8 and Lot #9 shall utilize best engineering practices to address ground vibration associated with potential blasting activity at the Hirschdale Cindercone Mine up to the northern property boundary of the Sierra Bluff project. Construction plans submitted to the Building Division shall identify what measures are incorporated into the residential design to address ground vibration and the Chief Building Official shall review and approve all mitigations prior to the issuance of a building permit." The applicant shall demonstrate to the Planning Division that potential buyer(s) of Lots#8 will be disclosed of potential ground vibration dampening requirements prior to the issuance of Improvement Plans for the subdivision. This condition shall also be included in the project CC&Rs. (Mitigation Measure 10c as modified by the Planning Commission and supported by the Town Council) 17. Use of slab-on-grade foundations shall be prohibited unless a geotechnical report, prepared and wet stamped by a California licensed engineer, is submitted to the Building Division with the requested single-family residential permit. The geotechnical report shall address all of the concerns identified by Holdredge & Kull in their December 17, 2004 Geotechnical Engineering Report for the Sierra Bluff Subdivision on file in the Community Development Department including but not limited to the potential for near-surface water seepage/water intrusion through concrete floor slabs and frost heave. The Chief Building Official shall review and approve all grading and foundation recommendations prior to the issuance of any building permits for construction on the 31 single-family parcels. In order to ensure potential buyers are placed on notice, the project CC&Rs shall include this condition. As an alternative, a note may be placed on the supplemental sheet of the Final Map. (Mitigation Measure Sa) 18. Recommendations provided by Holdredge & Kull in their December 17, 2004 Geotechnical Engineering Report for Sierra Bluff shall be incorporated into the Improvement Plans. The Town Engineer shall review and approve all drainage related to utility and road installation prior to the issuance of the Improvement Plans. (Mitigation Measure 5b) 19. The incorporation of Best Management Practices (BMP's), including but not limited to, silt fencing, temporary gravel, or fiber rolls, shall be used to prevent the discharge of earthen materials from the site or within the bluff area. The type, location, etc. of BMP's shall be included on the Improvement Plans and shall be approved by the Town Engineer prior to issuance of said Improvement Plans. The BMP's shall remain on-site until the utility, road and trail infrastructure are complete. The applicant shall contact the Planning Division for an on-site inspection of all BMP's prior to utility, road or trail work. All disturbed areas shall be stabilized and revegetated before October 15 and shall be winterized to prevent the soil movement by October 15 if it is not stabilized and revegetated. (Mitigation Measure 5c) 20. Installation of infiltration trenches, drywells, or other method(s) to infiltrate water from the private driveways and eaves shall be required on all individual lots. (Mitigation Measure 7a) 21. Prior to approval of Improvement Plans for subdivision improvements, a detailed grading and drainage plan shall be submitted to and approved by the Chief Building Official and Town Engineer. The grading and drainage plan shall be consistent with the requirement of the Town Grading Ordinance and shall include, but not be limited to, the following: · ,' Temporary and permanent erosion control methods consistent with the requirements of the Lahontan Regional Water Quality Control Board Truckee River Hydrologic Unit Guidelines for Erosion Control; ,/ A drip line infiltration system for all structure run-off not directed towards the detention basin; · / Methods for stabilization for all disturbed areas not covered by impervious surfaces, and; ¢' Methods for which the on-site run-off will be directed to the proposed detention basin(s) and shall be designed to collect and treat any run-off from this activity. ~' Methods for restricting snow plow operators from pushing snow off the proposed road into the western drainage. There shall be no net rate increase in the release of run-off from the site based on a 100- year, l-hour event. The project engineer shall verify to the satisfaction of the Town Engineer that drainage from the site can be adequately conveyed into the detention basin and infiltration systems, with sufficient capacity to handle drainage from the site. The overflow from the detention basin shall be directed towards the storm drainage facilities along Allenby Way and Tudor Lane. All improvements required by the drainage plan shall be installed in accordance with the Town Engineer's requirements and Lahontan Regional Water Quality Control Board standards prior to recordation of the Final Map. (Mitigation MeasureTb) 22. The required comprehensive grading and drainage plan shall include temporary and permanent erosion control methods consistent with the requirements of the Lahontan Regional Water Quality Control Board Truckee River Hydrologic U nit Guidelines for Erosion Control and Best Management Practices and State of California Best Management Practices Handbook prepared by the American Public Works Association Storm Water Task Force, including but not limited to: Temporary a. All non-construction areas shall be clearly marked and protected during construction by fencing or other identification approved by the Director. b. The protection of loose piles of clay, debris, sand, silt, soil, or other earthen material during periods of precipitation or runoffwith non-woven filter fabric fence, hay bales, temporary gravel, and / or earthen or sand bag dikes. c. All soil disturbance activities shall cease if adverse weather conditions exist, unless operating under an exception granted by the Director. Adequate temporary erosion control measures shall be immediately installed during adverse weather conditions. (Mitigation MeasureTc) Engineering Division Recommendations 23. The applicant shall comply with all requirements of the Town Engineer. The Town Engineer shall approve the Subdivision Improvement Plans and Final Map prior to recordation of the Final Map. The Town Engineer's requirements include, but are not limited to the following: a. The limits of the 100-year flood event for the south-eastern drainage shall be included on the Final Map. b. Prior to Improvement Plan approval, please show typical roadway section of mailbox cluster driveway and explain how runoff will be incorporated into the designed drainage system. c. Prior to Improvement Plan approval, 10-year and 100-year event flows will need to be shown for each culvert as well as the culvert size and invert elevations. A 2.5-feet per second minimum flow velocity will be required. d. Prior to Improvement Plan approval, service laterals for utility lines will need to be shown. e. Prior to Improvement Plan approval, the applicant shall provide identification of all existing drainage on the property and adjacent property which may affect this project. This identification shall show discharge points on all downstream properties as well as drainage courses after the proposed development for the 10-year and 100-year flows. The applicant shall provide a method in which to treat the 20-year, 1 hour storm event per the requirements of the Lahontan Regional Water Quality Control Board. Pre-project stormwater flows should equal post project flows for the design year event, unless additional mitigations are proposed to provide for the increase in flows. f. Over excavation of the roadway sub-base shall be required in areas determined by Holdredge & Kull in their December 2004 report to contain expansive clay soil. These areas shall be further delineated by the project geotechnical engineer pdor to Improvement Plan approval. An additional 24-inches of excavation and backfill below the asphalt base of all roadways shall be required. This condition is only applicable to areas where roadways are proposed and contain clay soils as determined by the project geotechnical engineer. g. Prior to Improvement Plan approval, trees requiring vegetation protection fencing should be clearly labeled on the grading sheets. h. Prior to Improvement Plan approval, the location of erosion control fencing and other proposed erosion control devises should be labled clearly on the grading sheets. i. Prior to grading permit issuance or Improvement Plan approval, the project proponents shall be required to prepare three sets of improvement plans to the project planner at 1" =20', on 24"x 36" plan sheets stamped by a licensed civil engineer to the satisfaction of the Town Engineer for all work in the proposed public right-of-way and easement areas. The plans shall incorporate proposed grades within those areas, as well as proposed methods by which to accommodate drainage and necessary best management practices (BMPs). Improvement plans shall also incorporate cost estimates for all work to be pedormed within the Town maintained right-of-way. Said improvement plans shall be accompanied by appropriate plan check fees to be calculated by the Town Engineer at the time of plan submittal. Public improvement plan check fees and inspection fees are calculated using the estimated construction costs of portions of work within the proposed right-of-way and easement areas. The plan check fee is equal to the following formula based upon the estimated construction costs: 3% of valuation from $0 to $20,000 1.5% of valuation from $20,000 to $100,000 1% of valuation above $100,000 The inspection fee is also based upon the estimated construction costs based upon the following formula: 4% of valuation from $0 to $20,000 3% of valuation from $20,000 to $100,000 1.5% of valuation above $100,000 j. Prior to grading permit issuance or improvement plan approval the applicant shall pay all applicable traffic mitigation fees. A "fair-share" contribution, as determined by the Town Engineer, shall be paid for intersection improvements at the Glenshire Drive/Dorchester Drive West intersection since improvements at this intersection are not currently in the Town's Capital Improvement (AB 1600) Program. If these intersection improvements get added to the Town's CIP before the first building permit is issued, than traffic mitigation fees are all that would be required. k. Prior to Improvement Plan approval, all roadway and utility infrastructure shall either be bonded for or shall be constructed and approved by the respective responsible agencies. All utilities shall be placed underground. I. Roadways will need to be designed to Town standards in order to be eligible for future Town maintenance. Other Conditions of Approval 24. The following language shall be included on the Final Map and incorporated into a separate document acceptable for recordation with the Nevada County Recorder's Office so that potential buyers are fully disclosed of adjacent mining activities, "The Sierra Bluff Subdivision is located adjacent to an active mine. Buyers may experience inconveniences associated with dust, noise and vibration due to mining activities such as but not limited to materials extraction, blasting, rock crushing and screening." (Mitigation Measure 9a as modified by the Planning Commission and supported by the Town Council) 25. The portions of the parcel not developed with clustered residential uses shall be preserved as permanent open space consistent with the RS-1.0 zoning district. Prior to recordation of the Final Map, the applicant shall offer for dedication to the Town, a land conservancy or equivalent, a conservation easement in perpetuity. The Community Development Director may approve an alternate proposal consistent with the restriction of a conservation easement. The easement document shall be reviewed by the Town Planner and recorded prior to or concurrently with the Final Map and shall include provisions to ensure the area is designated for public access. (Planning Division) 26. Pursuant to Section 21089 of the California Public Resources Code and Section 711.4 et seq. of the California Fish and Game Code, fees in the amount of $1,250.00 and $32.00 shall be submitted to the Planning Division within five (5) working days of this permit approval of the project. A check in the amount of $1,282 shall be made payable to the County of Nevada and submitted to the Town Planning Division. Improvement plans shall not be approved until the fees are paid. The fees are required to be collected on behalf of the Department of Fish and Game and are not for Town purposes. (Planning Division) 27. The applicant shall pay $62,000 to the Town of Truckee, or Town appointed affordable housing entity, for use on future affordable housing projects. This fee shall be paid prior to recordation of the Final Map. (Planning Division) 28. The applicant shall pay the applicable mitigation monitoring fees--as set by the fee schedule in effect at the time of Improvement Plan approval--to the Planning Division for the monitoring of project mitigations both during and after construction. The Town Planner may waive this requirement if determined to not be applicable. (Planning Division). 29. Prior to grading permit issuance or improvement plan approval, the applicant shall pay the Facilities Development Impact Fee applicable at the time of building permit issuance. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of building permit issuance. (Planning Division) 30. A licensed land surveyor shall identify and mark all parcel corners for lots to be developed prior to recordation of the Final Map. The location of the parcel comers shall be inspected by the Planning Division prior to foundation inspection. (Planning Division) 31. The establishment of minimum square footages of future homes within the Sierra Bluff Subdivision CC&Rs shall be prohibited. (Planning Division) 32. Any future Subdivision sign shall be reviewed and approved by the Town Planner and Town Engineer. (Planning Division) 33. Prior to recordation of the Final Map, the applicant shall pay a recreation mitigation fee of $2,623 per newly created parcel. The fee shall be based on the latest fee schedule adopted by the Town Council in effect at the time of Final Map recordation. (Planning Division) 34. Prior to recordation of the Final Map, a Property Owners Association or similar management entity and subdivision CC&R's shall be approved by the Town Planner and shall be created to regulate property maintenance and design, restrictions on landscaping, fence installations, etc. (Planning Division) 35. The CC&Rs shall not prohibit secondary dwelling units. (Planning Division) 36. The applicant shall submit a certified copy of the tax certificate executed by the Nevada County Tax Collector to the Planning Division prior to Final Map recordation. (Planning Division) 37. Any fees due to the Town of Truckee for processing this project shall be paid to the Town within thirty (30) calendar days of final action by the approval authority. Failure to pay such outstanding fees within the time specified shall invalidate any approval or conditional approval granted by this action. No permits, site work, or other actions authorized by this determination shall be permitted, authorized, or commenced until all outstanding fees are paid to the Town. (Planning Division) 38. All areas identified on the Tentative Map as publicly dedicated open space--which excludes the individual for-sale lots and all commonly-owned parcels--shall be designated for non- motorized use. Parking of vehicles, the establishment of benches, picnic areas or removal of vegetation shall be prohibited. Any signs proposed within the open space area shall be reviewed by the Town Planner prior to Final Map recordation. (Planning Commission as recommended by the Planning Division and supported by Town Council) 39. An Easement Agreement or similar document shall be recorded between the applicant and the owner of the Hirschdale Cindercone Mine (APN 48-220-01 and 48-220-15) concurrently with the subject Final Map. The purpose of the easement is to place all future buyers within the Sierra Bluff Subdivision on notice of the adjacent vested mining operations. The language of the agreement shall be reviewed and approved by the Town Planner prior to its execution. (Planning Commission, Town Council) 40. The CC&Rs shall require downward-shielded lighting for all exterior building lighting. The CC&Rs shall specify that no greater than a 45-degree angle of light shall be installed and that at no time shall there be light trespass off the property. The purpose of this condition is to minimize unnecessary night sky pollution. The specific language to be included within the CC&Rs shall be reviewed and approved by the Town Planner prior to Final Map recordation. (Planning Commission, Town Council) 41. The detention basin located towards the south-east corner of the subject parcel shall be redesigned into two or more basins and shall be revegetated. The purpose of this condition is to create a more natural looking drainage and improve the aesthetic qualities of the proposed drainage system. The size, location, slope, materials, landscaping, etc. shall be reviewed by the Town Planner prior to Improvement Plan approval. (Planning Commission, Town Council) 42. The applicant shall install a stop sign at Icknield Way (west) and Allenby Way. The location of the stop sign shall be approved by the Engineering Division prior to Final Map recordation. (Planning Commission, Town Council) TOWN COUNCIL RESOLUTION NO. 2006-07 EXHIBIT "C" APPLICATION NO. 04-076 SIERRA BLUFF SUBDIVISION FINDINGS Tentative Map 1. The proposed subdivision, together with the provisions for its design, and improvement, is consistent with all applicable provisions of the Subdivision Map Act, the General Plan, any applicable Specific Plan, the Development Code, the Trails Master Plan, the Particulate Matter Air Quality Management Plan, and the Public Improvements and Engineering Standards. This finding is supported by the discussion contained in the "Tentative Map/Subdivision Design" section of the January 11, 2006 Planning Commission Staff Report and in Sections 1 (Aesthetics), 2 (Air Quality), 3 (Biological Resources), 7 (Hydrology and Water Quality), 8 (Land Use, Planning, Population, and Housing), 10 (Noise), 11 (Public Services), 13 (Transportation/-I-raffic), and 14 'Utilities and Service Systems) of the Initial Study/Mitigated Negative Declaration. 2. The Tentative Map approval ~s in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a Statement of Overriding Considerations is adopted. The Town Council adopts the mandatory findings of significance as stated in the Initial Study/Mitigated Negative Declaration. Although the project may have significant effects on the environment, mitigation measures have been made to the project to eliminate or reduce each of these impacts to a less than significant level. These findings are supported by the discussion contained in the Initial Study/Mitigated Negative Declaration. The mitigation measures have been incorporated into the project as conditions of approval. The timing, responsible staff person, and inspection and reporting requirements of the mitigation measures are stated in the conditions of approval and implemented through standard Town improvement plan, grading, and building permit procedures and requirements. The Town Planner, or their designee, shall be responsible for ensuring that the mitigation measures are properly implemented prior to issuance of any grading or building permits and prior to issuance of any approvals for occupancy. The Town Engineer and Chief Building Official shall inspect construction of the project at standard inspection timeframes to ensure the mitigation measures are properly implemented during construction. 3. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation, water, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety. This finding is supported by the discussion contained in Sections 6 (Hazards and Hazardous Materials), 11 (Public Services), 13 (Transportation/7-raffic) and 14 (Utilities and Service Systems) of the Initial Study/Mitigated Negative Declaration. 4. The subject site is physically suitable for the type and density/intensity of development being proposed, and adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by this Development Code. The project complies with all applicable provisions of the Development Code as summarized in the "Discussion/Analysis" section of the January 11, 2006 Planning Commission Staff Reports in addition to the" Land Use, Planning, Population, and Housing" Section, "Hydrology and Water Quafity Section" and "Geology and Soils Section" of the Initial Study/Mitigated Negative Declaration. 5. The subdivision will not be detrimental to the public health, safety, or welfare of the Town, or injurious to the property or improvements in the vicinity in which the property is located. This finding is further supported in the "Discussion/Analysis, ' Section of the January 11, 2006 Planning Commission Staff Report as weft as Section 1 (Aesthetics), 5 (Geology and Soils), 6 (Hazards and Hazardous Materials), 7 (Hydrology and Water Quality), 8 (Land Use, Planning, Population and Housing), 10 (Noise), and 13 (Transportation/-rraffic)Sections of the Initial Study/Mitigated Negative Declaration. 6. The proposed subdivision, together with the provisions for its design and improvements, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision unless alternate easements for access or use will be provided and the alternate easements will be substantially equivalent to ones previously acquired by the public. No easements are proposed to be affected with the proposed project. 7. The discharge of sewage from the proposed subdivision into the community sewer system will comply with the requirements prescribed by the Lahontan Regional Water Quality Control Board. This finding is supported by the discussion contained in Section 14 (Utilities and Service Systems) of the Initial Study/Mitigated Negative Declaration.