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