The URL can be used to link to this page

Home My WebLink AboutMS 88-05 EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL MS 88-5 VAR 88-13 FINDINGS The Town of Danville hereby finds as follows in support of the Tentative Minor Subdivision request: The proposed Minor Subdivision is consistent with the Town of Danville General Plan. The design of the proposed Minor Subdivision is in substantial conformance with the R-20 Zoning Regulations. The proposed site is physically suitable for a three-lot subdivision as it contains three appropriate building sites. The proposed site is physically suitable for the proposed density. The design of the proposed Minor Subdivision and the proposed 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 occurred previously. The design of the proposed Minor Subdivision and proposed improvements are not likely to cause public health problems because water and sanitary facilities services will be available to the proposed parcels. The design of the proposed Minor 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 Town of Danville further finds as follows in support of the Variance request; The variance to allow construction of a carport with a five foot sideyard encroachment for Parcel A does not constitute a grant of special privilege inconsistent with the limitations of other properties in the vicinity and the respective land use district in which the property is located. Because of special circumstances applicable to the subject property, due to the presence of an irregularly configured residence and a pool, which are surrounded by lC large areas of pavement and dense foliage, a vast portion of the site is effectively unavailable for placement of the proposed carport structure. The street application of the zoning requirements would deprive the subject property of rights enjoyed by the properties in the vicinity. The Variance substantially meets the intent and purpose of the R-20 Zoning District in which the property is located. CONDITIONS A. General Except as may be modified by the following conditions, development shall be substantially as shown on the project drawings labeled MS 88-5 Revised Submittal, as prepared by DeBolt Civil Engineering and dated received July 20, 1988, by the Planning Department. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permit is secured. Notice should be taken specifically of the City's Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Contra County Flood Control District. The Drainage Area 10 Fee ($1,000 per acre) shall be paid at the issuance of a building permit (or verification submitted that the fee has previously been paid). Prior to the issuance of building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been, or will be, met. The Fire District shall also review the Final Parcel Map and Improvement Plans prior to the recordation of the of the Final Parcel Map. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Department notified, and a professional archeologist certified by the Society of California Archeology shall also be notified. Site work in this area shall not occur until the archaeologist and/or the Society of Professional Archeology has had an opportunity to evaluate the significance of the find and to suggest apDroDriate mitigation measures, if they are deemed necessary. 2C Se Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. e In accordance with Section 92-2.006 of the Town Ordinance Code, this project shall conform to the provisions of the Town Subdivision Ordinance (Title 9). Any exceptions therefrom must be specifically listed in the Conditional Approval Statement, attached to the Revised Tentative Map. Bo Site Planninq Development on the three parcels created by this subdivision shall be consistent with the minimum dimensional requirements for the R-20 Zoning District. Access to all three parcels created by this minor subdivision shall be served by a 20' wide paved private road within a 25' private roadway easement which may narrow to a 20 foot easement with 16 feet of paving beyond the hammerhead as generally shown on the Revised Tentative Map cited in item A.1. The hammerhead turnaround shall meet the design requirements ~of the San Ramon Valley Fire Protection District. The building envelope for Parcel C is specified by this entitlement. It is approximately 5,600 sq. ft. in size, with a location and configuration substantially as shown on the Staff Study of June, 1988. The residence on Parcel C shall be designed with a side entry garage accessed from the proposed roadway easement. The setback for this garage from the private easement shall be a minimum of 15 feet. This entitlement specifies defined yards and the building envelope for Parcel B, which shall be substantially as shown on Staff Study of June, 1988. Minimum setback requirements of the R-20 Zoning District must be met when positioning the easement in relationship to the existing residence. The existing creek traversing Parcel C and a portion of Parcel B shall remain in a natural state. The developer is advised that the setback requirements for unimproved channels less than 20' deep is determined by measuring from the top of slope a distance of 2.5:1 times 3C the channel depth, plus 30 feet. Modification to the channel (i.e. installation of a culvert) may occur only if, upon completion of a hydraulic study, it is deemed necessary to insure safe building sites. No channel improvements shall occur prior to preparation of a horticultural report addressing impacts to the adjacent 40 inch diameter oak tree. The report shall be submitted for review and approval by the Planning department. Any mitigation measure established in the report shall be followed during site construction. This entitlement permits construction of a 600± square foot detached carport structure encroaching 5 feet into the required 15 foot sideyard as reflected on the Revised Tentative Map. Detailed plans for the structure shall be submitted to the Planning Department cited in item A.1. for review and approval prior to building permit issuance. Landscaping Existing trees on the site shall be preserved to the greatest extent practicable. Removal will be allowed only upon receipt of written approval.of the Planning Department. The trees slated for removal within the proposed easement (as detailed on the revised tentative map July 7, 1988, 18" Pine and 20" Pine) are authorized by this entitlement for removal. The easement shall be positioned as necessary to save the existing 36" Pine. Architecture The street numbers of the buildings shall be posted so as to be easily seen from the street at all times, day and night. Architectural plans for the future dwelling on Parcel B and C shall be submitted to the Planning Department for review and approval prior to building permit issuance for that parcel. The residence shall be designed with a one-story character but is not necessarily restricted to a single story element. Unless otherwise approved through the cited review process, the height of the structure shall not exceed a maximum of 25 feet. Site plan and architectural elevations for the proposed residences on Parcel B and C are subject to review and approval by the Design Review Board prior to map recordation. 4C Se Ge Ail abutting property owners and all property owners on Whispering Tree Lane shall receive notice ten days in advance of the Design Review Board meeting regarding development review on Parcels B and C. If the architectural design and siting plans do not receive approval of the Design Review Board, the entitlement shall be referred back to the Planning Commission for a public hearing to consider a two lot subdivision.' Grading Any grading on adjacent properties will require written approval of those property owners affected. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. Streets The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is.found necessary by the City Engineer. 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 developer. Infrastructure Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 5C e 10. 11. 12. A hydraulic study shall be prepared which addresses the collection of building-site and impervious area runoff (for existing as well as proposed roof and impervious areas) and shall be submitted for the review of the City Engineer. The study shall also check the adequacy of the existing drainage systems and recommend necessary improvements. The recommendations of the study and/or the requirements of the City Engineer shall be incorporated into the Improvement Plans for this project. The Final Parcel Map shall include private storm-drainage easements as necessary. Prior to the recordation of the Final Parcel Map, the developer shall make the erosion repairs along the creek determined necessary by the City Engineer. 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 District. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 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 developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. An existing creek crosses this site. The developer and/or his representtives shall notify the Department of Fish and Game, P. O. Box 47, Yountville, CA 94599, of any proposed or existing construction project within the subdivision that may 6C affect streams in accordance with Section 1601 and 1602 of the Fish and Game Code. The developer or his representative shall submit with the project Improvement Plans, a copy of their letter from the Department of Fish and Game which indicates either the Department's requirements or lack of requirements. Requirements by the Fish and Game Department shall be noted or shown on the construction plans and shall be submitted to the Town for review and approval. Such review and approval shall be obtained form the Town prior to the filing of the Final Parcel Map. 13. The developer 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. 14. Ail utilities required to serve the development shall be installed underground. 15. Ail public improvement plans shall be prepared by a licensed civil engineer. 16. The requirements of the County Ordinance Code and the Town shall be met in regard to showing setback lines and offering development rights for dedication along the creek of this subdivision. If the developer is permitted to pipe a portion of creek, then a storm drainage easement and a vehicular access easement, if necessary, shall be offered to the Town and the public as required by the City Engineer. 17. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: ae Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of offsite by the developer at his Cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, bo Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area 7C created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. I. SPECIAL CONDITIONS A 25' access easement serving all three parcels shall be reflected on the Final Parcel Map. Prior to recordation of a Final Parcel Map, the developer shall submit a road maintenance agreement for review and approval by the Planning department and the City Attorney. This agreement must be executed prior to map recordation. APPROVED BY THE TOWN OF DANVILLE PLANNING ~OMMI~SSION ON July 25, 1988 Kevin G Principal Planner ppmp 16 -m Date 8C EXHIBIT C NEGATIVE DECLARATION LEAD AGENCY: Town of Danville NAME OF PROJECT: Tentative Subdivision MS 88-5, VAR 88-13, LUP 88-6 PROJECT LOCATION: 199 Whispering Trees Lane Danville, CA 94526 PROJECT DESCRIPTION: Minor Subdivision request to subdivide a 1.9 acre parcel into three single family lots, ranging in size from 20,000 ± sq. ft. to 36,000 ± sq. ft. A variance is requested for lot width reduction on Parcel B. An additional Variance is requested to allow use of uncovered parking to serve Parcel A. A Land Use Permit is concurrently requested to allow an existing 950 ± cottage to proposed Parcel A for use as a secondary dwelling unit. ENVIRONMENTAL EFFECTS: MITIGATION MEASURES: Potential increase in run-off due to grading and construction on site to create two additional building sites. Ail appropriate building and grading permits will be required to be obtained by applicant. A drainage study shall be completed and appropriate drainage improvements shall be installed to control run-off to secondary properties. Preservation speciemen trees on site where ever possible shall be required through project conditions. DETERMINATION: A Negative Declaration of Environmental Significance has been prepared for this project. No significant impacts are anticipated to be associated with this project. The Initial Study was prepared by the Planning Department, Town of Danville. Copies of the Initial Study may be obtained at the Town offices located at 510 La Gonda Way, Danville, California 94526. ATTEST [ ~ ~-~Josep~ A./ Calabrigo, Chief hmf~Planning 9C