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HomeMy WebLinkAbout2013-06RESOLUTION NO. 2013-06 APPROVING MINOR SUBDIVISION REQUEST MS 854-2013 ALLOWING THE SUBDIVISION OF AN EXISTING 0.77 +/- ACRE (33,514 +/-SQ FT) PARCEL, INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS, RESULTING IN ONE ADDITIONAL PARCEL LOCATED AT 755 DIABLO ROAD (APN 202-020-003) WHEREAS, PETER CONSOS (Owner) and DEBOLT CIVIL ENGINEERING (Applicant) have requested approval of Minor Subdivision application MS 854-2013 to subdivide an existing 0.77 + / - acre (33,154 + / - square foot) parcel, into two single family residential parcels, resulting in one additional parcel; and WHEREAS, the subject site is located at 755 Diablo Road is further identified as Assessor's Parcel Number 202-020-003; and WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission approval of a tentative map prior to recordation of a final map; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15315, Class 15, Minor Land Divisions; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 28, 2013; and WHEREAS, the public notice of this action was given in all respects as required by law; 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 approves Minor Subdivision request MS 854- 2013, subject to the conditions contained herein, and make the following findings in support of this action: Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2030 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 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 parcel. 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. 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 ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the 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 application MS 854-2013 to subdivide an existing 0.77 +/- acre (33,154 +/- square foot) parcel, occupied by an existing single family residential structure, into two 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 Parcel Map MS 854-2013 titled "755 Diablo Road," as prepared by DeBolt Civil Engineering, consisting of one sheet, dated March 7, 2013 and stamped received by the Town of Danville on April 17, 2013. b. Tree Survey Report prepared by Atlas Tree Service, Inc., dated February 13, 2013. c. Stormwater Control Plan for Small Land Development Projects prepared by DeBolt Engineering, dated April 8, 2013. PAGE 2 OF RESOLUTION NO.2013-06 * 2. All Town and other related fees that the property may be subject to shall be paid by the applicant. 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. Preliminary fee calculations are as follows: 1. Base Map Revision Fee ($88/ lot) .............................. $176.00 2. Map Check Fee (2 lots) ............................................ $ 2,560.00 3. Improvement Plan Check Fee ............... 3 % of cost estimate 4. Engineering Inspection Fee ................... 5% of cost estimate 5. Grading Plan Check, Inspection and Permit ................TBD 6. Excavation Mitigation Fee - Green Valley ............ $1,300.00 7. Park Land in Lieu Fee (1 lot) .................................. $ 9,313.00 The following fees are due at building permit issuance for the above - mentioned project: 1. Child Care Facilities Fee .....................................$ 335.00/lot 2. Stormwater Pollution Program Fee ....................$ 51.00/lot 3. SCC Regional Fee .............................................. $1,233.00/lot 4. Residential TIP Fee ............................................. $ 2,000.00lot 5. Tri-Valley Transportation Fee .........................$ 2,279.00/lot 3. Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $305.92 ($120 plus 112 notices x $0.83 per notice x two notices). * 4. 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. * 5. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $50.00, made payable to the Contra Costa County Clerk. * 6. In the event that subsurface archeological remains are discovered during any construction or pre -construction activities on the site, all land alteration work PAGE 3 OF RESOLUTION NO.2013-06 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. * 7. 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), unless otherwise 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 property owner 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. * 8. 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. * 9. 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. * 10. 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 work days. Dust -producing activities shall be discontinued during high wind periods. * 11. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this PAGE 4 OF RESOLUTION NO.2013-06 project has been complied with. This report shall list each condition of approval followed by a description of what the property owner has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report is subject to review and approval by the City Engineer and/ or 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. * 12. Planning Division sign -off is required prior to final Building Inspection sign - off. 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 permits and inspections for this work shall be obtained. The maintenance of existing on - site wells shall be allowed for landscape irrigation purposes subject to review and approval by the Contra Costa County health Services Department - environmental health Division. 4. The development and use of the parcels created by this subdivision shall comply with all requirements of the Town's R-15; Single Family Residential District Ordinance. C. LANDSCAPING * 1. All existing Town -protected oak trees on the site shall be preserved to the extent possible. All site improvements and future development shall be designed to avoid impacts on any oak trees. Tree removals shall be subject to the Towri s Tree Preservation Ordinance, PAGE 5 OF RESOLUTION NO. 2013-06 2. 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 Towri 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. 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. 2. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. 3. The development of Parcel B and any future development of Parcel A (complete tear down and rebuild or addition of more than 50 percent additional floor space) including associated landscaping, shall be subject to the review and approval by the Town and Design Review Board under separate Development Plan applications. E. GRADING 1. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering PAGE 6 OF RESOLUTION NO.2013-06 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. * 2. 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. * 3. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord19-4). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if 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. * 4. 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. * 5. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. 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 property owner shall make provisions for immediate containment of the materials. * 7. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 7 OF RESOLUTION NO.2013-06 * 8. 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. 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. 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. 4. A four foot wide strip of land across the property's Diablo Road frontage shall be dedicated to the Town of Danville as a public road right- of -way to match the existing right-of-way width and configuration of the abutting Ritchie property (Parcel Map MS 51-77; 57PM41) to the north. 5. The new private driveway serving Parcel P shall meet all requirements of the San Ramon Valley Fire Protection District. 6. A guarantee is required for the installation of common area improvements that benefit both created parcels. The common area improvements will include shared portions of driveways and utilities. The guarantee will take the form of a Subdivision Agreement and acceptable performance security. The guarantee, agreement, and performance security shall be executed prior to the approval of the final map. PAGE 8 OF RESOLUTION NO. 2013-06 7. Any deficiencies in the existing public curb, gutter, sidewalk, or road pavement along the property's Diablo Road frontage shall be repaired or replaced to current Town standards. These improvements shall be guaranteed by the Subdivision Agreement. 8. A satisfactory private road and private storm drain maintenance agreement for Parcels A and B shall be submitted for review and approval by the Town. G. INFRASTRUCTURE * 1. The new residence located on Parcel B shall be required to connect to public water and sewer facilities, subject to all permitting requirements and conditions imposed by EBMUD and CCCSD. * 2. 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 (CCCFC & WCD). * 3. 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. * 4. 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. * 5. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 6. 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. * 7. 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. PAGE 9 OF RESOLUTION NO.2013-06 * 8. Electrical, gas, telephone, and cable TV services, shall be provided 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. * 9. All new utilities required to serve the development shall be installed underground. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 11. The subject property is located within a Special Flood Hazard Area (SFHA) as defined by Danville Municipal Code §32-117. According to the FIRM (Ref. 3), the area has been designated AE where base flood elevations have been determined. The base flood elevation appears to be between 385 and 387 above mean sea level. The spot elevations on the Vesting Tentative Map indicate the ground surface elevation ranges from approximately 380 at the west end of Parcel B to 383 at the east end. As such, the property should expect to receive as much as four to five feet of storm water during periods of flooding. The following restrictions and requirements govern development within the flood plain: 1. §32-117.21 Establishment of Development Permit from the Danville Municipal Code requires the applicant to obtain a Development Permit from the Town before construction or development begins within any area of special flood hazard. In order for the Town to review said application, the following information must be provided: a. Site plan, including, but not limited to: i. For all proposed structures, spot ground elevations at building corners and twenty (20) foot or smaller intervals along the foundation footprint, or one (1) foot contour elevations throughout the building site; and ii. Proposed locations of water supply, sanitary sewer, and utilities; and iii. The base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map; and iv. If applicable, the location of the regulatory floodway; PAGE 10 OF RESOLUTION NO.2013-06 b. Foundation design detail, including, but not limited to: i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and ii. For a crawl space foundation, location and total net area of foundation openings as required in 32-117.34.c of the Municipal Code and FEMA Technical Bulletins 1-93 and 7-93 (or current versions); and iii. For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to ninety five (95 %) percent using the Standard Proctor Test method); iv. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in 32-117.34.b of this section and FEMA Technical Bulletin TB 3-93; and v. All appropriate certifications listed in 32-117.23.e of the Municipal Code; and c. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 133, §8-4821; Ord. #2002-02, §2) 2. For any construction or substantial improvement, the applicant must adhere to the requirements of §32-117.31 through §32-117.39 of the Municipal Code. Said requirements address anchoring to prevent flotation, special construction materials and methods, floodproofing, special utility construction to prevent contamination, etc. 3. A deed notification with the following statement shall be recorded to run with the deed for Parcel A and Parcel B acknowledging the parcels are within a Special Flood Hazard Area (SFHA) as designated by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM). The applicant shall include a disclosure for Parcel A and Parcel B upon sale stating: IMPORTANT: BUYER NOTIFICATION "This parcel is within a Special Flood Hazard Area (SFHA) as designated by the Federal Emergency Management Agency (FEMA). The development of a residence on Parcel B or a new residence on Parcel A would require restrictions and requirements that govern PAGE 11 OF RESOLUTION NO. 2013-06 development within a floodplain which would be based on the most current FEMA construction standards." H. MISCELLANEOUS 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. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Minor Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 3. Use of a private gated entrance for more than one house is expressly prohibited. 4. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition 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 written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/ are being recycled according to their recycling plan, or in an equivalent manner. 5. The proposed project shall conform to the Towri s Stormwater 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 PAGE 12 OF RESOLUTION NO.2013-06 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. * 7. 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 for a Small Land Development Project and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Stormwater Control Plan for a Small Land Development Project as published by the Contra Costa Clean Water Program. * 8. The applicant shall conduct a boundary survey to verify the exact location of all property lines prior to recordation of the final map. APPROVED by the Danville Planning Commission at a regular meeting on May 28, 2013, by the following vote: AYES: Bowles, Combs, Graham, Haberl, Overcashier, Radich, Verriere NOES: - ABSTAINED: ABSENT: Heusler Ch, jA'ir APPROVED AS TO FORM: City Attorney ChiefQLPIing PAGE 13 OF RESOLUTION NO. 2013-06