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HomeMy WebLinkAbout90-11RESOLUTION NO. 90-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE DANVILLE TOWN COUNCIL ACCEPT A DRAFT NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE MAJOR SUBDMSION SD 7073 AND VARIANCE VAR 90-12 WHEREAS, De Bolt Civil Engineering has requested approval of Major Subdivision SD 7073 and Variance request VAR 90-12, for a proposed five lot subdivision on a 2.47 acre site; and WHEREAS, the subject site is located on the north side of La Gonda Way, approximately 750 feet north of E1 Pi~ttado and is identified as Assessor's Parcel Number 197-100-027; and WHEREAS, in order to consider the subject proposal, the Town of Danville Title 8; Zoning Ordinance and Title 9; Subdivision Ordinance requires rezoning and Tentative Map approval; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 13, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHERFdtS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED, THAT the Planning Commission of the Town of Danville recommends the grant of a Mitigated Negative Declaration of Environmental Significance and approval of Major Subdivision per the conditions contained herein, and makes the following findings in support of the Major Subdivision: Major Subdivision The proposed subdivision is consistent with the Danville 2005 General Plan. 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. PAGE 1 OF RESOLUTION NO. 90-11 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 the 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 Mitigated 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 Mitigated Negative Declaration satisfies the requirements of the California, Environmental Quality Act (CEQA). Variance The variance to allow development of one lot with less than the required lot width 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 applications of the zoning regulations would deprive the subject property of rights enjoyed by the properties in the vicinity. The variance substantially me, ets the intent and purpose of the R-20 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 for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL This approval is for a single family residential development of a maximum of five lots. Developme, nt shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao '"qesting Tentatiw,- Map Subdivision 7073" prepared by De Bolt Engineering dated received March 5, 1990. PAGE 2 OF RESOLUTION NO. 90-11 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. Prior to the issuance of grading or 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 to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of September 11, 1989. If archeological materJials 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. Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment 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. All physical improvements shall be in place prior to occupancy of any structure 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- Phases Occupancy Plan approved by the Planning Department. No structure shall be occ,upied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. Construction drawings and details for the soundwall shall be designed in compliance with CALTKANS specifications and submitted for review and approval by the Planning Division prior to the recordation of the Final Map. The acoustical re. commendations contained in the report prepared for the project by Earth Metrics Incorporated dated December 17, 1987 and a supplemental report dated January 24, 1990 shall be incorporated into the final design. PAGE 3 OF RESOLUTION NO. 90-11 o The applicant shall diligently pursue all rights necessary for the construction of an acoustical soundwall along the entire length of the north property boundar3~ of the adjoining property to the west (APN# 197- 110-014). If said rights cannot be secured, the wall shall be developed at the west edge of the pad of proposed Lot 1. The design and location of this section of wall shall be subject to review and approval by the Planning Division and shall be consistent with the recommendations of the referenced acoustical re. port. If the wall is located on Lot 1, the materials used for construction shall be wood. SITE PLANNING The individual air conditioning condensers serving each unit in this project shall be ground,mounted, shall be located behind residential fencing and shall be situated so as to maintain a minimum 5 feet clear and level passage on side yards. The land uses and minimum dimensional standards and requirements for the principal and accessory structures on the lots in the subject project shall be consistent with the R-20; Single Family Residential District standards, as established by the Town Zoning Ordinance, except as follows: ao Lot sizes and dimensions shall be substantially consistent with those shown on the Major Subdivision map dated March 5, 1990. b. Rearyard minimum shall be 20 feet, which shall be level and usable. C0 On lot 2, the secondary setback (streetside sideyard) shall be 15 feet. Minor deviations from these criteria, or interpretation of standards, shall be subject to administrative review and approval of the Chief of Planning. e. Lot width on lot 3 shall not be less than 110 feet. 0 Project lighting shall be: installed in such a manner that glare is directed away from surrounding properties and rights-of-way. Co LANDSCAPING 1. A Fencing Plan shall be submitted for review and approval by the Planning Department prior to the recordation of the Final Map. PAGE 4 OF RESOLUTION NO. 90-11 Do ° All construction, grading and landscape plans shall be based on an arborists report which shall address the preservation of the two existing 28" oak trees located on lots 1 and 2. The arborists report shall address the possibility of transplanting the existing 8" oak tree located within the proposed Lot 4. 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 Department. 0 The developer shall post a tree protection deposit for all protected trees located on the site as specified by Section 8-5608 of Ordinance No. 138 (Tree Preservation Ordinance). ARCHITECTURE The single family units developed on the site shall be subject to review and approval by Planning Staff, and if deemed necessary, referred to the Design Review Board. Single family units shall be designed in accord with the following design criteria: ao The same unit, with an matching architectural elevation, shall not be utilized twice in the project. bo All four exterior elevations of each unit shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Co Substantial variation shall be included in the roof lines proposed for each unit. White stucco finishes and/or red tile roofs are discourage in favor of beige or earthtone colors. e0 Approved spark arrestors shall be installed on each chimney used for fireplaces an,d appliances in which solid or liquid fuel may be used. f. Height will be restricted to 28 feet. g. Lots 3 and 4 shall utilize side loading garages. o Prior to the issuance of building permits, the architectural plans and samples of final colors and materials selected for each individual structure shall be submitted to the Planning Department for review and approval. The use of pressboarcl or hardboard or their equivalent is expressly prohibited. PAGE 5 OF RESOLUTION NO. 90-11 Eo All development and construction on the site shall be consistent with Danville's Residential Development Standards. GRADING Any grading on adjacent properties will require written approval of those property owners affecte, d prior to the recordation of the Final Map. 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. ° 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 Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. Grading and land preparation shall be restricted to 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. Ail exposed credible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by the developer by October 15. 6. The soils engineer shall sign the final grading plans. o 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. F0 o The grading plan shall ]be subject to review and approval by the Planning Department prior to the issuance of a grading permit. The grading plan shall address the transi~Sional grading between the subject property and the adjacent property to the north for access to Lots 1,2 and the adjacent property, APN# 197-110-014. STREETS La Gonda Way is to be improved as a Neighborhood Collector street which is 40 feet curb to curb (20' from center-line) within a minimum 59 PAGE 6 OF RESOLUTION NO. 90-11 foot right-of-way. Improvements along this subdivisions frontage shall include the northerly curb and gutter, matching street paving and possibly an overlay to the centerline of the street, depending on the design plans. Prior to the filing of a final map evidence verifying the abandonment of the 20 foot wide roadway along the west side of this subdivision shall be submitted. An access easement to the parcel abutting the site to the north, APN# 197-100-014, shall be provided. This subdivision shall pay a proportion of the traffic signalization costs at the intersection of La Gonda Way and E1 Cerro Blvd and the intersection of 1-680 at E1 Cerro Blvd. The fee shall be paid at the time of the filing of the final map and shall be determined by the City Engineer based upon the best estimate available of the number of new residential units and commercial impacts to be most directly served by this intersection. The fee shall not exceed $1,000.00 per lot. 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. All street signing shall ]be installed by the developer as may be required by the Town. This shall include, but not necessarily limited to "Stop", "No Parking", "Not a Through Street" and street name signs. Traffic signs and parking restrictions signs shall be subject to review and approval by the City Engineer and the Police Department. 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. Handicapped ramps shall be provided and located as required 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. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Ail improvements within the public right-of-way, including curb, gutter, 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 CiW Engineer an up-to-date Title Report for the subject property. PAGE 7 OF RESOLUTION NO. 90-11 Go 10. The soundwall shall be a private facility and to be included under a maintenance agreement. 11. Prior to the recordation of the final map, lot 3 shall have a cross easement serving access to lot 4. 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, unless approval is secured to utilize a private sewage disposal system. 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Maintenance of all drainage facilities located on private property shall be the responsibility of the property owner. 0 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. 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. 0 If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. 11. The developer shall comply with all relevant requirements of the Contra Costa County Flood C:ontrol District and the Department of Fish and Game. 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. Electric. al, gas, telephone, and Cable TV services, shall be PAGE 8 OF RESOLUTION NO. 90-11 provided underground 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. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. 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: Removing i 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 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. 15. In accordance with Section 92.2006 of the Town 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 established for the Tentative Map approved for this project. 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. PAGE 9 OF RESOLUTION NO. 90-11 Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the Town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. PASSED, APPROVED AND ADOPTED THIS 13th day March, 1990 by the following vote: AYES: Vilhauer, Hughes, Wright, Hunt, Frost NOES: ABSTAIN: ABSENT: Hendricks, Hirsch Chairman ~.~it~ Attorney PAGE 10 OF RESOLUTION NO. 90-11