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HomeMy WebLinkAboutSD 7142 EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE MAP SD 7142 and VARIANCE VAR 88-12 489 E1 Alamo FINDINGS The Town of Danville Planning Commission hereby finds as follows in support of the Tentative Map: The proposed subdivision is consistent with the Danville General Plan; o The design of the subdivision and the type of associated improvements will not cause significant environmental damage or substantially and voidably injure fish or wildlife or their habitat; The design of the subdivision and the type of associated improvements will not likely cause serious public health problems; The site is physically suitable for the proposed density of development; The design of the subdivision and the type of associated improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; A Negative Declaration of Environmental Significance has been adopted for the project, indicating that there are no significant impacts anticipated to be associated with the project. The Negative Declaration satisfies the requirements of the California Environmental Quality Act (CEQA). The Town of Danville Planning Commission finds as follows in support of the Variance request: The variance to allow development of two lots with less than the required minimum lot size 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 (irregular shape of the property), the strict aDDlication of the zoning requirements would deprive the subject property of rights enjoyed by the properties in the vicinity. lC The Variance substantially meets the intent and purpose of the R-65 Zoning District in which the property is located. Conditions of Approval Unless otherwise specified, the following Conditions shall be complied with prior to the recordation of the Final Map or the issuance of a Grading Permit. Each item is subject to review and approval by the Planning Department unless otherwise specified° A. General Provisions This approval is for a six-lot single family residential development covering the 9.2± acre property identified as 489 E1 Alamo. Development shall be substantially as shown on the Revised Tentative Map prepared by DeBolt Civil Engineering and dated received November 15, 1988 by the Planning Department. This approval authorizes the creation of two lots with less than the required 65,000 sq. ft. minimum parcel size (Lot 5 at 50,000± sq. ft. net and Lot 6 at 61,250± sq. ft. net). 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 permits are secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. 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 to the satisfaction of these respective agencies. 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 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. 2C Construction and grading operations and delivery of construction materials, and warming up and servicing of grading and/or construction equipment shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. The developer shall coordinate the design of the emergency access for the subdivision, as regards the location of said access across the East Bay Regional Park District trail easement, and as regards the grading, precise road alignment, fencing and security gating of the access, with both East Bay Regional Park District and the appropriate parties controlling the northern portion of access through Subdivision 5046. The access shall be a minimum 20 feet in width to serve as emergency access from E1 Alamo to Valley Oaks Drive. Release from the discharge of this condition may be granted by the City Engineer if it is determined that the connection is not needed. In order to provide a consistent design for fencing along the East Bay Regional Park District trail, the developer shall consult with the Park District to establish fence details for the project. Details of acceptable fences shall be submitted to the Planning Department and shall be included as a part of the Covenants, Conditions and Restrictions established for the project. The developer shall offer for dedication to the East Bay Regional Park District a 25' wide strip of land along the northerly project boundary for public trail purposes, or submit documentation that the easement is already in place or is no longer deemed necessary by the Park District. Site Planning Lots developed in the project shall be developed in a manner consistent with the R-65; Single Family Residential District standards, as established by the Town Zoning Ordinance (with the exception to the minimum lot size as regards Lots 5 and 6). o The developer shall prepare and submit a revised grading and layout plan incorporating all the revisions cited in this document and submit the plan for review and approval by the city Engineer and Chief of Planning prior to submitting detailed grading and drainage plans for the project. 3C A Drainage Facilities Maintenance Agreement shall be prepared by the developer for the private drainage facilities in this project. The Agreement shall be subject to review and approval by the City Engineer and City Attorney prior to its recordation to assure that there is adequate provision for the maintenance, in good repair, of all commonly maintained drainage and erosion control improvements. Driveway access to Lot 1 shall be established from the north side of this lot. The barn proposed for relocation shall be positioned to comply with the yard requirements of the R-65 Zoning District. The initial home purchases in this project shall be advised by the developer as to the regulations pertaining to the keeping of livestock (a maximum of three on each lot) and as pertains to minimum setback requirements for paddocks and barns. C. Landscaping The existing on-site trees to be retained shall be as shown in Item A.1 above. No trees on the site shall be removed, except those so designated on the above referenced plan, without the written approval of the Chief of Planning. Upon preparation of road improvement plans, the developer shall secure the services of a licensed arborist to review the plans as pertains to the Oak tree and Eucalyptus tree at the southwest corner of the site. The arborist shall prepare a tree preservation program for these trees which outlines measures which will further the likelihood of continued survival of these trees in light of the proposed grading and road improvements. D. Architecture Single family units developed on the site shall be designed in accord with the following criteria: ae White stucco finishes and/or red tile roofs are discouraged in favor of beige or earthtone colors. Approved spark arrestors shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. 4C Eo Ail development and construction on the site shall be consistent with Danville's Residential Development Standards. Grading Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. Such grading requires written approval, submitted to the City Engineer, of all affected property owners. 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 city Engineer and employed at all times as conditions warrant. Grading and land preparation shall be restricted between the period of April 15 to October 15 to minimize erosion and depositing of sediments, except as may be authorized in writing by the City Engineer. All exposed erodible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by the developer by October 15. 0 Development shall be consistent with the Conclusions and Recommendations of the May 22, 1981 Soil Investigation prepared by Hallenbeck-McKay & Associates, the developer shall have the soil engineer of record review the current conditions of the site to verify the applicability of the soil report since the submitted report is seven years old. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site for hazards of land slippage, erosion, settlement and seismic activity. If grading is commenced prior to filing the Final Map, a surety or guarantee, as determined suitable by the City Engineer, shall be filed with the city of Danville to ensure restoration of the site to stable and erosion resistant state if the project is terminated prematurely. 5C e Ail grading plans shall be accompanied by erosion control and revegetation plans. 8. The soils engineer shall sign the final grading plans. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. 10. The developer shall confer with the Town Engineer prior to the preparation improvement plans in order to determine appropriate measures to control rear yard, patio area, and down spout drainage of the lots within the project. 11. Provisions shall be made to protect the subdivision improvements from hillside runoff via interceptor ditches, or similar facilities within the development. F. 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. Ail street signing shall be installed by the developer as required by the Town. This shall include, but is not necessarily limited to "Stop", "No Parking", "Not a Through Street", and street name signs. Traffic signs and parking restriction signs shall be approved by the Police Department. The developer shall keep adjoining public streets free and clear of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. The developer shall be responsible for corrective measures at no expense to the Town of Danville. Construction fencing shall be supplied as required by the City Engineer if determined necessary, to provide public safety. Any damage to existing public street improvements resulting from project construction shall be repaired to the satisfaction of the City Engineer at full expense to the developer. The developer shall also be responsible for correction of any existing frontage deficiencies along the subject property's frontage along Green Valley Road. This shall include slurry ~al, overlay or street reconstruction if deemed warranted by the City Engineer. 6C Ail 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 standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. The paving/right-of-way section developed for the private road extension of E1 Alamo shall be a 20 foot minimum width within a 25 foot minimum right-of-way width. In the event this extenstion of E1 Alamo is built to private road standards, the subdivider shall construct the remainder of the existing E1 Alamo cul-de-sac. The subdivider shall make a diligent effort to secure any necessary right-of-way from the abutting southerly property owner, but if unsuccessful, shall not be responsible for acquisition costs, but instead shall enter into a Deferred Improvement Agreement to install the improvements if and when the Town should acquire the right-of-way. Parking pop-outs shall be provided along the new private roadway (establishing a 29 foot paved width section) to provide a minimum of 10 on-street parallel parking paces, with all spaces to be east of the east property line of Lot 1. Infrastructure Water supply service for this subdivision shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service for this subdivision shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. The developer is referred to the District's letter of July 22, 1988. Drainage facilities serving this subdivision, maintenance thereof, 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. 7C o 10. 11. 12. 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 Town. 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. Each lot shall be supplied with curb shoots through adjoining sidewalks/curbs, unless otherwise stipulated by the City Engineer. 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, the minimum storm drain easement width shall be ten feet. Wider easements will be required in some cases based on pipe size and depth. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. The developer is referred to the District's letter of July 25, 1988. Written documentation shall be supplied to the City to verify that the District's requirements have been, or will be, met to the satisfaction of the District. 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in accordance with the City 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. In accordance with Section 92.2006 of the City Ordinance Code, this project shall conform to the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval as contained herein. 8C 13. Unless otherwise authorized by the City Engineer, the developer shall be responsible for the installation of street light standards and luminaries with the design, spacing height, lighting intensity and locations subject to approval by the City Engineer. Low height light standards may be utilized if deemed acceptable by the City Engineer. 14. Storm drains shall be placed in streets wherever possible and the plan shall be designed so that this can be accomplished without the Pipes being excessively deep. 15. Drainage facilities and drainage easements shall be provided to the satisfaction of the Town Engineer and, where appropriate, the Chief Engineer of the Contra Costa County Flood Control District. 16. The flowline of the existing sewer shall be lowered to minimize the amount of grading necessary to gravity sewer all lots in the subdivision. The existing man hole at the north boundary shall be relocated outside of the trail for ease of maintenance. Relief from the discharge of this condition may be granted if documentation is received from the Central Contra Costa Sanitary District that an alternative arrangement can be provided. Drainage The developer's Civil Engineer shall prepare a drainage study and recommend drainage improvements for review and approval by the City Engineer. The study shall determine the nearest adequate downstream drainage facility to which this development can discharge its runoff. The developer shall be responsible for any off-site facilities required to convey runoff to the adequate downstream drainage facility. Ail closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 FEET PER SECOND). The public's responsibility for maintenance of drainage facilities shall begin at the first inlet accepting public street drainage. I. Miscellaneous Prior to recordation of the Final Map, the developer shall prepare a study addressing the need for day care 9C facilities generated by this project. Payment of a per unit fee to be used towards construction of day care facilities shall be made, or an other alternative negotiation as determined acceptable to the Town of Danville. If the developer chooses to pay a per unit fee, the Town shall be notified of the developer's intent in writing and the fee shall be set by the Town Council within 120 days of the receipt of the letter. The developer shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project. The developer shall supply a letter to the City which indicates the postal authority's satisfaction with the system chosen prior to the issuance of building permits. Ail abandoned septic tanks or leach fields located across the property shall be destroyed per the requirements of the Contra Costa County Health Services Department. Ail physical improvements shall be in place prior to occupancy of any unit in the project. If occupancy within the project is requested to occur in phases, all physical improvements, shall be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and appropriately separated from remaining additional construction activity. APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON November 28, 1988 Kevin Ga~ Pricipal Planner pkgpl8 Date 10C