HomeMy WebLinkAbout2008-03
RESOLUTION NO. 2008-03
APPROVING MINOR SUBDIVISION REQUEST MS 851-2006
SUBDIVIDING A 5.22 +/- ACRE PARCEL INTO TWO
SINGLE FAMILY RESIDENTIAL PARCELS
(APN: 206-160-014 - PAGE)
WHEREAS, GARY PAGE (OWNER/APPLICANT) has requested approval of a Minor
Subdivision application MS 851-2006 to subdivide a 5.22 + / - acre parcel into two single
family residential parcels; and
WHEREAS, the subject site is located at 40 Meadow Lake Drive and is further identified as
Assessor's Parcel Number 206-160-014; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative
Parcel Map prior to the recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 12, 2008; 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
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
RESOL VED that the Planning Commission of the Town of Danville approves Minor
Subdivision request MS 851-2006 per the conditions contained herein, and makes the
following findings in support of this action:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2010 General Plan because the square footage for the parcels exceeds the one
acre lot minimum.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations by site planning to place building pads on lower and
flatter portions of the site and to minimize grading.
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 parcels.
4. The density of the subdivision is physically suitable for the proposed density of
development.
5. 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.
6. 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 (/1*/1) in the left-hand column are standard project
conditions of approval. Unless otherwise specified, the applicant shall comply with the
following conditions prior to the Town Council approval of the final map. 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 851-2006), subdividing a
5.22+ / - acre parcel into two single family residential parcels. Development
shall be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein;
a. Vesting Tentative Map labeled /lMS 851-2006," as prepared by Maes
Civil Engineering, dated received by the Planning Division on
January 24, 2008.
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2.
The applicant shall pay any and all Town and other related fees that the
property to which the property may be subject. 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. Notice should be taken specifically of the
PAGE 2 OF RESOLUTION 2008-03
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following fees due at final map approval or at building permit issuance for
the above-mentioned project:
· Map Check Fee ........................................................ $ 2,149.00
· Improvement Plan Check Fee3% of site improvement cost
· Engineering Inspection Fee... 5% of site improvement cost
· Grading Permit, Plan Check and Inspection Feeto be determined
· Base Map Revision Fee .............................................. $ 106.00
. Lawrence Road Benefit District Fee.................... $ 33,092.00
. Park Land in Lieu Fee ............................................. $ 8,203.00
. Child Care Facilities Fee ............................................ $ 335.00
· Storm Water Pollution Program Fee ......................... $ 43.00
· Finish Grading ................ ........... .......................... ......... $ 63.00
· SCC Regional Fee .................................................... $ 1,023.00
· SCC Sub-Regional Fee ............................................ $ 2,823.00
. Residential TIP Fee.................................................. $ 2,000.00
. Tri-Valley Transportation Fee ............................... $ 1,888.00
· Postage Public Notices.................................. ..$26.56
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. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
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any construction work on the site, including grading, the applicant shall
install a minimum 3' x 3' 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, plan check, and/ or building
permit review process, the applicant shall submit a written Compliance
Report detailing how the conditions of approval for this project have been
complied with. 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, 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.
10.
Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
11.
The applicant shall submit to the Town of Danville fees required to file a
CEQA Notice of Determination for this project. The fee shall be $50.00. This
check shall be made payable to the Contra Costa County Recorders Office
and shall be submitted to the Town within five days of project approval.
12. The applicant/ owner shall prepare a road maintenance agreement for review
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and approval by the Town and shall record said document prior to recording
of the final map.
13. The Vesting Tentative Map plan view shows a continuous utility corridor
running over the culverts, then eastward to the future building site. The
applicant shall provide written documentation from E!lst Bay Municipal
Utilities District (EBMUD) and Central Contra Costa Sanitary District that
establishes the maintenance obligation for the newly installed pipes.
14. A Development Plan application shall be required for the architecture and
landscape of Parcel A and Parcel B. The application shall be consistent with
the standards of the Scenic Hillside and Major Ridgeline Ordinance and the
Lawrence Road Specific Plan, and subject to review and approval of the
Town's Design Review Board. The homes shall be located in the building
area as shown of the Vesting Tentative Map. As part of each Development
Plan, an updated soils report shall be provided to address the current site
plan, the building pad location, and the proposed storm water infiltration
planter location.
15. For both new lots created by this subdivision, the following statement shall
be recorded to run with the deed of the property acknowledging the historic
rural nature of the area, and the rights of surrounding property owners to
continue existing andlor future legally established rural and agricultural
uses:
IMPORT ANT: BUYER NOTIFICATION
This property is located in a historically rural area with existing rural and
agricultural uses. Any inconvenience or discomfort from properly
conducted agricultural operations, including noise, odors, dust, and
chemicals, will not be deemed a nuisance.
B. SITE PLANNING
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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.
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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.
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3.
Anyon-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations (CCCHSD-EHD). Environmental Health Division
permit and inspections for this work shall be obtained. If approved by
CCCHSD-EHD, any onsite wells may be retained for landscape irrigation
only.
C. LANDSCAPING
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1. As part of the Development Plan for residences to be built on the new
parcels, final landscape and irrigation plans shall be submitted for review
and approval by the Planning Division. The plan shall include botanical
names of all plant materials and shall indicate the size that various plant
materials will achieve within a five-year period of time.
2. 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. One 14" and one 21" Coast Redwood are approved for
removal. Replacement tree plantings for these removed trees are required as
specified in the Town's Tree Preservation Ordinance.
3.
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 then current addition of the "Guide for
Establishing Values of Tree 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. The
portion of the security deposit 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.
4.
Tree transplanting, removal, or pruning shall be conducted in conformance
PAGE 6 OF RESOLUTION 2008-03
with the current guidelines established by California Department of Fish and
Game for raptor habitat conservation. Specifically, no trees shall be disturbed
that contain active bird nests until all eggs gave hatched and fledged. Tree
work shall be conducted during the period of August 15 to February 1 (late
summer to winter). Alternatively, if tree work must be conducted between
February 1 and August 15 (late winter / spring/ summer), a qualified biologist
shall survey the proposed work area to verify the presence or absence of
nesting birds. The report shall be submitted to the California Department of
Fish and Game for review with a copy to the Town of Danville Planning
Division. The applicant shall provide written documentation that such a
survey and approvals have been secured, prior to commencement of any tree
work.
D. GRADING
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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
PAGE 7 OF RESOLUTION 2008-03
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site from settlement and seismic activity.
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
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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 2008-03
E. STREETS
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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.
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
3.
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.
4.
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.
5.
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.
F. INFRASTRUCTURE
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1.
Domestic water supply for homes on both Parcels A and B shall be from the
East Bay Municipal Utility District water system in accordance with the
requirements of District.
2.
All wastewater for homes on both Parcels A and B shall utilize the Central
Contra Costa Sanitary District sewer system in accordance with the
requirements of the District.
3.
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
PAGE 9 OF RESOLUTION 2008-03
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Control & Water Conservation District.
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.
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.
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.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
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.
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.
10.
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.
11.
All utility distribution facilities, including but not limited to electric,
communication, and cable television lines, within and residential or
commercial subdivision shall be under ground, except as follows: equipment
appurtenant to under ground facilities, such as surface mounted
transformers, pedestal mounted terminal boxes and meter boxes, and
PAGE 10 OF RESOLUTION 2008-03
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concealed ducts; metal poles supporting street lights.
12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
13. Homes constructed on parcels within this subdivision shall participate in the
Lawrence Road Benefit District.
14. The applicant shall submit improvement plans for the proposed creek culvert
upgrades. Said improvement plans shall include a special footing detail for
the retaining walls to be constructed over the existing 9' RCP culverts. The
detail shall demonstrate that the new walls and embankment will not
adversely impact the existing RCP culverts or estimated lOO-year flows in the
creek. The detail shall be signed by a licensed civil or structural engineer and
approved by the City Engineer prior to approval of final map.
G. MISCELLANEOUS
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1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
reVIew process. .
2.
As a part of the issuance of a demolition permit and/ or building permit
for the project, the developer shall provide 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 Management
and Discharge Control Ordinance (Ord. No. 94-19) 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
PAGE 11 OF RESOLUTION 2008-03
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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 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
that the above permit(s) are not required for the subject project.
A Notice of Intent (NOI) and Storm Water Pollution Prevention Plan
(SWPPP) shall be filed with the Regional Water Quality Control Board
and a copy given to the City Engineer prior to commencement of any
construction activity. A SWPPP shall be prepared as part of the
preparation of project improvement plans. The SWPPP shall supplement
the, erosion control plan prepared for the project, if one is required. These
documents shall also be kept on-site while the project is under
construction.
5.
The project shall conform to the Regional Water Quality Control Board post-
construction C.3 regulations which shall be designed and engineered to
integrate into the project's overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in the
approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town's Stormwater C.3
Guidebook.
As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
PAGE 12 OF RESOLUTION 2008-03
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features that
control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/or long-
term maintenance of stormwater treatment or hydrograph modification
BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town's review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F of
the Town's Stormwater C.3 Guidebook.
A YES:
NOES:
ABSTAINED:
ABSENT:
Antoun, Combs, Condie, Morgan, Ni
APPROVED by the Danville Planning Commission at a regular meet"
2008, by the following vote:
APPROVED AS TO FORM:
V2t,I!f1J3. ~.
City Attorney )
J(=fk
Chief of P an ing
PAGE 13 OF RESOLUTION 2008-03
