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HomeMy WebLinkAbout90-13RESOLUTION NO. 90-13 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 REZONING REQUEST RZ 90-4, MINOR SUBDMSION REQUEST MS 860-89 AND VARIANCE REQUEST 90-15 WHEREAS, Terramax has requested approval of Rezoning request RZ 90-15, Minor Subdivision request MS 860-89 and Variance request VAR 90-15 for a three lot subdivision on a aggregate 4.37 acre site; and WHEREAS, the subject site is identified as 911 & 923 E1 Pintado Road, located at the northeast corner of the La Goncla Way and El Pintado Road intersection, being further identified as Assessor's Parcel Numbers 200-020-022 & 023; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Rezoning and Tentative Map; 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 WHEREAS, a staff report was submitted recommending that Planning Commission recommend Town Council approval; 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 recommend the Danville Town Council accept the Negative Declaration of Environmental Significance and approve the Rezoning and Minor Subdivision per the conditions contained herein, and makes the following findings in support of the Rezoning, Minor Subdivision and Variance requests; A__. Rezoning The proposed rezoning from a P-l; Planned Unit Development District to a R- 65; Single Family Residential District is consistent with the Danville 2005 General Plan. PAGE 1 OF RESOLUTION NO. 90-13 o ° C0 The proposed development will constitute a residential environment of sustained desirability and stability and will be in harmony with the character of the surrounding neighborhood and community. The uses authorized under this rezoning action are compatible with uses authorized in the adjacent zoning districts. Minor 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. 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 Negative Declaration of Envi~ronmental 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). Variance The variance to allow development of one lot with slightly less than the required lot size (65,000 square feet required -55,000 square feet requested) 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 (proximity of adjacent land uses), the strict application of the zoning requirements would deprive the subject property of rights enjoyed by the properties in the vicinity. The variance substantially mee. ts the intent and purpose of the R-65 Zoning District in which the property is located. .,~'- PAGE 2 OF RESOLUTION NO. 90-13 CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to the recordation of the Parcel 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 three parcels with variance approval granted for Parcel A allowing a reduced minimum lot size of 55,000+/- square feet. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao "Tentative Parcel Map Merta Property" and "Slope Analysis" prepared by DK Associates dated received by the Planning Department on January 26, 1990. "Grading Exhibit" prepared by Terramax dated received February 26, 1990. c. Staff Study prepared March 5, 1990. (See attachment A) 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. 0 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 January 2, 1990. 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. PAGE 3 OF RESOLUTION NO. 90-13 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 occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. B0 SITE PLANNING The individual air conditnioning 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-65; Single Family Residential District standards, as established by the Town Zoning Ordinance, except as follows: Lot sizes and dimensions shall be substantially consistent with those shown on the Tentative Parcel Map dated January 26, 1990 (including variance for Parcel A) Development on Parcel B and C shall be located substantially as shown on the Grading Exhibit referenced in Condition A. 1. PAGE 4 OF RESOLUTION NO. 90-13 Co Do Development rights shall be granted to the Town of Danville (restricting development of accessory structures and prohibiting grading) over the northeasterly portion of the subject parcels, as shown on the Staff Study (Attachment A) referenced in Condition A. 1. No structures shall be allowed to be constructed within this area. Development rights shall be granted in a manner approved by the Town Attorney. Project lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. LANDSCAPING A Fencing Plan shall be submitted for review and approval by the Planning Department prior to the recordation of the Parcel Map. o All construction, grading and landscape plans shall be based on an arborist's report which shall address the preservation of the existing 72" oak tree located on proposed Parcel B. o 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) prior to the issuance of a grading or building permit for Parcel B. The deposit shall be held for two growing seasons to assure the health of the tree. The developer shall submit a landscape plan prepared by a registered landscape architect addressing all graded areas. The plan shall reintroduce native ground covers to the graded areas. The plan is subject to review and approval of the Planning Department prior to issuance of building or grading permits for Parcels B and C. The landscape plan shall be implemented prior to issuance of a certificate of occupancy for any structures on Parcel B and C. ARCHITECTURE Future structures on Parcels B and C are subject to a Development Plan review process as required by Ordinance No. 29-84 (Scenic Hillside and Major Ridgeline Development) prior to issuance of building or grading permits. All development and construction on the site shall be consistent with Danville's Scenic Hillside and Major Ridgeline Guidelines. o The street numbers of the buildings shall be posted so as to be easily seen from the street at all times, day and night. PAGE 5 OF RESOLUTION NO. 90-13 GRADING Any grading on adjacent properties will require written approval of those property owners affectecl prior to the recordation of the Parcel 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. All exposed erodible 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. Each parcel 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. No grading permits for Parcel B and C shall be issued prior to issuance of a building permit for the principal residences for Parcel ]3 and C. STREETS 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 parcel 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 new residential parcels. PAGE 6 OF RESOLUTION NO. 90-13 H0 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. o 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. The developer shall install a W56 sign opposite E1 Pinto within the public right-of-way not less than 24" from face-of-curb, if warranted due to traffic safety considerations in the opinion of the Town Transportation Manager or Town Engineer. 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. o 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. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. PAGE 7 OF RESOLUTION NO. 90-13 10. 11. 12. 13. 14. 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, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control 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 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. All utilities required to serve the development shall be installed underground. All public improvement plans shall be prepared by a licensed civil engineer. 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: ao 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. PAGE 8 OF RESOLUTION NO. 90-13 OR, AT THE OPTION OF THE DEVELOPER, b0 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. ° 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 parcel map. All costs associated with such acquisition shall be borne by the developer. The future property owners of Parcel B and C of MS 860-89 shall be advised by the developer of the zoning restriction of keeping more than two head of livestock on the each of these parcels. Additionally, the developer shall advise the future property owners of the restrictions for the development of animal structures (Section 8-3207e of Ordinance No. 43-84). Notification of the above shall be accomplished in the closing papers for the initial sale of the two parcels. PAGE 9 OF RESOLUTION NO. 90-13 day ~ 1990_ by the following PASSED, APPROVED AND ADOPTED THIS vote: AYES: NOES: ABSTAIN: ABSENT: Hughes, Wright, Frost Vilhauer, Hunt Hendricks, Hirsch ~lng PAGE 10 OF RESOLUTION NO. 90-13