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HomeMy WebLinkAbout90-28RESOLUTION NO. 90-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDMSlON REQUEST MS 853-90 AND VARIANCE REQUEST 90-9 JENSEN - 553 EL PINTADO ROAD WHEREAS, Brett Jensen has requested approval of Minor Subdivision request MS 853-90 and Variance request VAR 90-9 for a two parcel minor subdivision on a 3.14 acre site; and WHEREAS, the subject site is identified as 553 El Pintado Road, being further identified as Assessor's Parcel Numbers 200-010-002; and WHEREAS, Title 9 (Subdivision Ordinance) of the Municipal Code requires approval of a Parcel Map for the proposed minor subdivision; and WHEREAS, the Parcel Map complies with the standards set forth in the California Subdivision Map Act and the Town of Danville R-65; Single Family Residential District; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on May 8, 1990; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project; and WHEREAS, the proper notice of this request 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 of the Town of Danville recommend the Danville Town Council accept the Negative Declaration of Environmental Significance and approve Minor Subdivision per the conditions contained herein, and makes the following findings in support of the Minor Subdivision and Variance requests; 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 Page 1 of Resolution 90-28 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. 4. The site is physically suitable for the proposed density of the development. o 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. o 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). B. Variance The variance to allow development of one lot with slightly less than the required lot size (65,000 square feet required, 56,887 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 sizes), the strict 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-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 Parcel Map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a single family residential development of a maximum of two parcels. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Page 2 of Resolution 90-28 ao "Brett Jensen Minor Subdivision Map" consisting of three sheets prepared by Loomis Associates dated received by the Planning Division on April 19, 1990. o 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 March 3, 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. 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 iPlan 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. Page 3 of Resolution 90-28 B. 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-65; Single Family Residential District standards, as established by the Town Zoning Ordinance. Development on iParcel B shall be located substantially as shown on the plans referenced ~n Condition A.I., except as follows: ao The driveway turnaround shall be limited to 45 feet long by 35 feet wide. The private roadway shall be widened to 20 feet to the end of the required Fire Districts apparatus hammerhead turnaround. The private roadway width may be reduced if other provisions are provided to satisfy the requirements of the San Ramon Valley Fire Protection District. (See Fire Districts comments dated March 4, 1990). C0 The driveway extending from the required hammerhead turnaround shall be a minimum of 12 feet wide. do The building pad location shall be substantially as shown on the plan referenced above. e0 The retaining wall located behind the proposed residence on Parcel B shall be no higher than 5 feet. Any new project ]lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. C0 LANDSCAPING The developer shall submit a landscape plan 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 Division prior to issuance of building or grading permits for Parcel B. The landscape plan Page 4 of Resolution 90-28 shall be implemented prior to issuance of a certificate of occupancy for any structures on Parcel B. D. ARCHITECTURE All development and construction on the site shall be consistent with Danville's Scenic iHillside and Major Ridgeline Guidelines. The street numbers of the buildings shall be posted so as to be easily seen from the street at all times, day and night. The proposed new residence shall not exceed a maximum height of 33.5 feet, as measured from finished grade. The proposed new residence shall be reviewed and approved by the Design Review Board. F. GRADING Any grading on adjacent properties will require written approval of those property owners affected 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 City 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. Page 5 of Resolution 90-28 G0 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 shall be issued prior to issuance of a building permit for the principal residences for Parcel B. 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 $800.00 per new residential parcel. ° 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. 0 The developer shall enter into a deferred improvement agreement to install curb, gutter and a driveway approach along the 25 foot El Pintado Road frontage in which this minor subdivision uses for access. 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. 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. Page 6 of Resolution 90-28 o o 10. 11. 12. 13. 14. 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. 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 CounW 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: Page 7 of Resolution 90-28 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, 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 confbrm 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 the Planning Division. 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. Page 8 of Resolution 90-28 The future property owners of Parcels A and B of MS 853-90 shall be advised by the developer of the zoning restriction of pertaining to the keeping 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. PASSED, APPROVED AND ADOPTED THIS 22nd day of May vote: ,199_obY the following AYES: Vilhauer, NOES: ABSTAIN: ABSENT: Frost Hughes, Hendricks, Wright, Hunt, Hirsch Ch P1 ~//C~"ty A o3-ney MS853.90.REV Page 9 of Resolution 90-28 Page 9 of Resolution 90-28