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HomeMy WebLinkAbout2007-20RESOLUTION NO. 2007-20 APPROVING MINOR SUBDIVISION ,REQUEST MS 851-2007 SUBDIVIDING A ONE ACRE PARCEL INTO THREE SINGLE FAMILY RESIDENTIAL PARCELS (APN: 199-310-006 -- ELVIDGE) WHEREAS, RON ELVIDGE (Owner) and PETER PHILLIPS (Applicant) requested approval of a three parcel minor subdivision on a one acre site; and WHEREAS, the subject site is located at 305 West Linda Mesa and is further identified as Assessor's Parcel Number 199-310-006; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Parcel Map prior to recordation of a Final Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 13, 2007; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Sections 15315 (Minor Land Divisions) and 15332 (Infill Development Projects); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; 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 of the Town of Danville approves Minor Subdivision request MS 851-2007 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan, by meeting the prescribed density and land use. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations by exceeding the minimum required lot area and lot dimensions. 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 two new parcels. 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. The subdivision includes dedication of a public sidewalk. 6. The subdivision will result in new parcels which are consistent with the character of the neighborhood because the new parcels will exceed 10;000 square feet, consistent with the majority of the parcel sizes in the neighborhood. 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 Town 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 Minor Subdivision MS 851-20071ocated at 305 West Linda Mesa. Development shall be substantially as shown on the Vesting Tentative Map labeled "305 West Linda Mesa," consisting of one sheet, prepared by DeBolt Civil Engineering, dated received by the Planning and Engineering Divisions on October 22, 2007, except as may be modified by conditions contained herein. 2. The applicant shall pay any and all Town and other related fees applicable to the property. 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 PAGE 2 OF RESOLUTION N0.2007-20 to issuance of said permit and prior to final map approval. The following fees are due at final map approval: Final Map Plan Check Fee ...........:................................ $ 2,320.00 Improvement Plan Check Fee ......................3% of cost estimate Engineering Inspection Fee .....:......:.............5% of cost estimate Grading Plan Check, Inspection and Permit Fee ............... TBD Base Map Revision Fee .................................................... $ 312.00 Drainage Area 10 (Flood Control) .............................. $ 6,035.00 Excavation Mitigation Fee (Flood Control) ............... $ 1,780.00 Park Land in Lieu Fee ................................................. $16,406.00 Public hearing postage .................................................... $ 121.18 The following fees are due at building permit issuance: Child Care Facilities Fee ............................................... $ 335/lot Storm Water Pollution Program Fee ........................... $ 177/lot SCC Regional Fee ........................................................ $1,101 /lot Tri-Valley Transportation Fee ................................... $ 2,029/lot '~ 3. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. '~ 4. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. 5. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday). Additionally, off-site construction, truck deliveries and off-site parking of construction vehicles shall not be allowed to occur during Montair - School's student drop-off and pick-up hours as follows: from 8:00 a.m. to PAGE 3 OF RESOLUTION N0.2007-20 9:30 a.m. and from 1:45 p.m. to 3:30 p.m. Exceptions to these restrictions may be approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the . applicant shall install a minimum 3'x3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 6. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. '~ 7. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. '~ 8. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. 9. As part of the initial submittal for the final map, the applicant shall submit a written Compliance Report. This report shall list each condition of approval, followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and Chief of Planning, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 10. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. 11. The existing dilapidated and non-conforming fence shall be removed. The height and location of the new good neighbor fence shall be shown as a part of the development plan for each lot and installed prior to landscaping. PAGE 4 OF RESOLUTION NO. 2007-20 B. SITE PLANNING 1. All lighting shall be installed in such a manner that lighting is generally down directed and glare is directed away from surrounding properties and rights-of-way. 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department -Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. If approved by the Environmental Health Division, any existing private well may be retained for use for landscaping purposes only. 4. C.3. stormwater requirements shall be designed, developed and privately maintained for each lot in this subdivision. Prior to issuance of a building permit for lots A and B, approval of a Development Plan application shall be required. The Development Plan shall define the type, design and operation and maintenance requirements for each individual lot in order to comply with State C.3. regulations. The sizing of the C.3. stormwater facility shall be based on the amount of actual impervious area being built on each lot. Prior to issuance of a building permit for each lot, the area .dedicated to collect and treat this stormwater shall be encumbered by a recorded deed restriction to that effect along with an Operation and Maintenance Plan for each lot. 5. The western driveway curb cut along Linda Mesa Avenue shall be removed as part of the continued sidewalk as part of subdivision improvements. C. LANDSCAPING 1. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 5 OF RESOLUTION N0.2007-20 2: Landscaping plans shall be required as part of the individual Development Plan applications for the development of new homes on the two new parcels. 3. The tree survey shall be updated to provide tree-specific preservation measures for those existing trees to be retained within the project for each new parcel. The recommendations of this supplemental report shall be incorporated into the final design and construction of all new structures including placement of bioretention swales for stormwater quality. 4. If site construction activity occurs in the direct vicinity of the on-site and off-site protected trees, a security deposit in the amount of the assessed value of the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the "Guide for Establishing Values of Trees and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. D. ARCHITECTURE 1. Development of Parcels A and B within this subdivision shall consist of individual custom homes consistent with the standards of the R-10; Single Family Residential District. Tract or production homes are not allowed. The development of each parcel within this subdivision shall be subject to review and approval by the Town and the Design Review Board under individual Development Plan applications, to be circulated to property owners within 750' of the subject property. For Parcel C, if retained, the second dwelling unit shall be legalized and conform to the standards outlined in the Town's Second Dwelling Unit Ordinance. Building permits PAGE 6 OF RESOLUTION NO. 2007-20 shall be secured as deemed necessary by the Chief Building Official. 2. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. '~ 3. The street numbers for each building in the project shall be posted so as to be easily seen from the street at ail times, day and night by emergency service personnel. E. GRADING 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 2. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 4. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. PAGE 7 OF RESOLUTION N0.2007-20 5. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. 6. All grading activity shall address National Pollutant, Discharge Elimination system (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. 7. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 10. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal, state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 8 OF RESOLUTION NO. 2007-20 F. STREETS 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 2. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. '~ 4. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. 5. The Project shall be required to stripe curbs and/or install any necessary parking or circulation signage, as determined by the Transportation Division and the Fire District. G. INFRASTRUCTURE 1. The existing storm drainage facilities downstream of the proposed development are at or near capacity, and cannot handle any additional runoff during peak run-off periods. Therefore, unless the applicant can demonstrate that the existing drainage system has adequate capacity, additional drainage flow generated by the improvements shall be detained on site and released after the system flow falls below capacity. Currently there are no underground storm drainage facilities adjacent to the project site. Based on a preliminary evaluation of the site topography, it does not appear that a detention system would gravity flow into the existing public storm drainage system without construction of additional storm drainage improvements. The existing underground storm drainage PAGE 9 OF RESOLUTION N0.2007-20 system shall be extended from the existing inlet on the .south side of West Linda Mesa just east of Entrada Mesa Road to the project site, unless it can be demonstrated to the satisfaction of the City Engineer that an alternative solution will be satisfactory. 2. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Say Municipal Utility District water system in accordance with the requirements of District. '~ 3. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. 4. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County -Flood Control &-Water Conservation District. '~ 5. All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. '~ 6. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 7. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. '~ 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. PAGE 10 OF RESOLUTION N0.2007-20 9. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. 10. The applicant shall furnish proof to the City Engineer of the acquisition of -all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. 11. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a residential or commercial subdivision shall be under ground, .except as follows: a. Equipment appurtenant to under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; 13. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS '~ 1. The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the in the land use. Any other change will require Planning Commission approval through the Development Plan review process. 2. As a part of the issuance of a building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with receipts indicating that waste materials created from the demolition of existing buildings and the construction of new buildings are being recycled according to their recycling plan. 3. The proposed project shall conform to the Town's Stormwater PAGE 11 OF RESOLUTION N0.2007-20 Management and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. 4. Prior to commencement of any site work that ,will result in a land disturbance of one (1) acre or more in area, the applicant/owner shall submit evidence to the Town that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be the copy of the Notice of Intent (NOI) sent to the State .Water Resources Control Board. Additionally, the applicant/owner shall submit evidence that the requirements for obtaining the U.S. Army Corps of Engineers 404 Permit, the State Water Resources Control Board's 401 Certification, and the California Department of Fish and Game's Streambank Alteration Agreement have been or will be met. Such evidence may be a copy of the permit(s)/agreement and/or a letter from the applicant/owner stating the above permit(s) are not required for the subject project. APPROVED by the Danville Planning Commission at a regular meeting on November 13, 2007 by the following vote: AYES: Combs, Condie, Morgan, Nichols, Welch NOES: - ABSTAIN: - ASSENT: Antoun, Osborn, Storer Chair APPROVED AS TO FORM: (~~ City Attorney Chief of an ng PAGE 12 OF RESOLUTION N0.2007-20