HomeMy WebLinkAbout90-40 Exhibit A
RESOLUTION NO. 90-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING. MINOR SUBDIVISfON REQUEST MS 852-90, DP 90-18 and VAR 90-27
WHEREAS, De Bolt Civil Engineering has requested approval of Minor Subdivision
request MS 852-90 for a two lot subdivision on a 3.4 acre site, creating one 19,260 square
foot residential parcel and a 2.96 acre site containing the existing Gatetree Chapel; and
WHEREAS, the subject site is identified as 101 Gatetree Drive, being further
identified as Assessor's Parcel Numbers 202-110-011; and
WHEREAS, the Parcel Map complies with the standards set forth in the California
Subdivision Map .Act and the Town of Danville R-15; Single Family Residential District
Zoning Ordinance with the exce. pfion of the Variance contained herein; and
WHEREAS, the R-15; Single Family Residential District of the Town of Danville
requires approval of a Development Plan/Land Use Permit for a Church in the District;
and
WHEREAS, a draft Negative Declaration of Environmental Significance has been
prepared for this project indicating that no significant impacts are anticipated to be
associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 10, 1990; 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 approves the Minor Subdivision MS 852-90, Variance VAR 90-27, and
Development Plan DP 90-18 per the conditions contained herein, and makes the following
findings in support of the respective applications:
Page 1 of Resolution 90-40
Minor Subdivision
The proposed minor subdivision is consistent with the Danville 2005 General Plan.
The design of the proposed minor subdivision is in substantial conformance with
the R-15; Single Family Residential District with the exception of the variance
contained herein.
The design of the proposed minor subdivision and the type of associated
improvements will not ca~ase significant environmental damage or substantially and
avoidably injure fish, wildlife or their habitat.
The design of the proposed minor subdivision and the type of associated
improvements will not likely cause serious public health problems.
The proposed 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, required by the public at large, fbr access through or use
of, property within the p~roposed subdivision.
Variance
The proposed variance authorized does not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the Single
Family Residential District in which the subject property is located.
ao
The neighboring properties to the east contain lot widths ranging down to
eighty feet.
The proposed lot relates more closely with the lots on the opposite side of
Gatetree iDrive with narrower frontages, than it does to other contigious lots
with an R-15; Single Family Residential Zoning District designation.
Because of the following special circumstances applicable to the subject property
because of its size, location and surroundings, the strict application of the
respective zoning regulations is found to deprive the subject property of rights
enjoyed by other properties in the vicinity and within the identical land use district.
The size of the proposed parcel exceeds the minimum dimension criteria
by 4,260 square feet.
Page 2 of Resolution 90-40
The proposed parcel is located across the street from lots with eighty to
ninety foot lot widths.
The variance authorized substantially meets the intent and purpose of the R-15;
Single Family Residential District in which the subject 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 Department unless otherwise specified.
A. GENERAL
This approval is fbr a single family residential development of one parcel,
modification to the. existing parking plan on the Gatetree Chapel site, and
construction of a free standing monument sign. Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by condi~fions contained herein;
Revised Tentative Parcel Map 852-90 prepared by DeBolt Civil
Engineering dated received by the Planning Division on June 25,
1990.
Site Plan prepared by Greg J. Bunton, Architect, consisting of three
sheets, dated received by the Planning Division on June 22, 1990.
Site Plan ancl Elevations of Monument Signage prepared by Greg J.
Bunton, Architect consisting of two sheets, dated received by the
Planning Division on June 22, 1990.
d0
Staff Study dated July 1, 1990 revising the parking plan at the
northern boundary adjacent to proposed Parcel 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 Park Dedication Fee, Transportation
Improvement Fee, and the drainage acreage fees as established by the
Contra Costa County Flood Control District.
4. Prior to the issuance of grading or building permits, the developer shall
Page 3 of Resolution 90-40
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 4, 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.
ConsU'uction and grading operations, delivery of construction materials, and
activation 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 fimcing around the entire site during construction of the
project.
All physical improvements shall be in place prior to occupancy of any new
structure in the project. If occupancy within the project is requested to
occur in phases, alii physical improvements shall be required to be in place
prior to occupancy except/bt 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.
SITE PLANNING
The individual air conditioning condensers serving Parcel A 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 proposed parcels shall be
consistent with the R-15; Single Family Residential District standards, as
established by the Town Zoning Ordinance.
Page 4 of Resolution 90-40
Development on the new parcel shall be substantially as shown on the plans
referenced in Condition A. 1.
Project lighting shall be installed in such a manner that glare is directed
away from surrounding properties and rights-of-way.
The applicant shall abate the encroachment of the fence bracing and
supports located at the northern boundary of Parcel A prior to recordation
of a Parcel Map.
The applicant shall grant a non-exclusive storm drain easement as depicted
on the Tentative Map.
If the Tentative Map approval is not exercised and expires, the amended
Parking Plan is also void and any other modifications to the site would be
subject to the Development Plan review process. Approval of the free
standing signage is not tied to recordation of a parcel map of MS 852-90.
A grading plan and revised site plan shall be submitted for review and
approval by the Planning and Engineering Divisions to reflect the following
changes:
a. The maximum slope shall not exceed 5% in the parking lot.
The plan shall be revised to maintain a twenty foot landscape buffer
at the northern property boundary.
The revised plan shall reflect the parking design changes depicted in
the Staff Study, cited in Condition ld.
There shall be a minimum of 55 spaces (30% compact) to satisfy the
parking requirements for the existing sanctuary.
f. The plan shall show the proposed location of the trash enclosure.
A revised grading iplan for Parcel A shall be subject to review and approval
of the Planning arid Engineering Divisions prior to submission of a Final
Parcel Map. The grading plan shall show a reduction in the slope between
the pad elevation and the street grade.
iPage 5 of Resolution 90-40
,,..., C. LANDSCAPING
A 1.0' landscape buffer shall be maintained between the parking lot and the
proposed properW line of Parcel A. A Landscape Plan including the area
site above and the area west of the new parking area approved under Phase
] shall be submitted for review and approval by the Planning Division. All
landscaping shall be installed prior to building permit on Parcel A.
The applicant shall install two street trees on Parcel A. The trees shall be
15 gallon and the same species as other street trees on Gatetree Drive.
A Landscape Plan shall be submitted for review and approval by the
Planning Division, addressing the Camino Tassajara frontage in conjunction
with construction of the monumment sign prior to building permit issuance.
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The finalarchitectural' ' · ' ' design shall be subject to review by Staff. If deemed
necessary, the plans shall be reviewed and approved by the Design Review
Board prior to the'. issuance of a building permit.
Prior to the issuance of building permits, samples of final colors and
materials selected for each individual structure shall be submitted to the
Planning Division for review and approval. The exterior colors and
materials shall be consistent with those approved for the Country Estates
project by' Shapell (Subdivision 6516). The use of rnasonite, pressboard as
exterior siding, or' their equivalent, is expressly prohibited.
All ducts, meters, :air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened
from view with landscaping or materials architecturally compatible with the
main structure(s).
The new residence on Parcel A shall be designed in accord with the
following criteria:
All four exterior elevations of each unit or building group shall be
architecturally diminished, trimmed and detailed similar to front
elevations. Trim material around doors and windows shall be a
minimum of 1-5/8" thickness.
iRollup garage doors shall be utilized and be operated by an
automatic garage door opener.
Page 6 of Resolution 90-40
c. The new structures shall not exceed a maximum height of 28 feet.
10.
11.
12.
All window frames shall 'be of wood, bronze or other colored anodized
aluminum. Mill finish aluminum window frames are not permitted.
Tinted (non-reflective) glass is preferred where solar heat gain is a concern
and where windows cannot be shaded by either overhangs, awnings or
landscaping.
Minimum cave projections shall extend at least 18 inches from the exterior
building walls.
The minimum size fascia shall be 8 inches. Whenever possible, additional
relief shall be provided to create shadow lines or other architectural
interest.
All building designs shall incorporate gutters and downspouts.
No roof mounted mechanical equipment of any kind shall be permitted.
Development shall be consistent with Danville's iResidenfial Development
Standards.
The street number of the buildings shall be posted so as to be easily seen
from the street at all times, day and night.
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 he 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
Page 7 of Resolution 90-40
0
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.
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.
G0
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 CiW 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,,
INFILASTRUCTU RE
Water supply set'vice 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.
Page 8 of Resolution 90-40
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 prope~Xy 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.
10.
11.
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 'IV 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.
12.
All utilities required to serve the development shall be installed
underground.
] 3. All public improw.~ment plans shall be prepared by a licensed civil engineer.
14.
I h 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 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
Page 9 of Resolution 90-40
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.
]5.
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.
16.
The existing drainage ditch serving APN# 202-202-018, onto proposed
Parcel A, shall be removed and conveyed through a storm drain pipe,
connecting to the existing catch basin on Parcel B. This facility shall be
subject to review and approval be the Engineering Division. The storm
drain pipe shall be installed prior to building permit issuance.
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 10 of Resolution 90-40
The Ultimate Parkiing Plan (Phase II) is conceptual only and shall be subject
to a critical review as part of a Land Use Permit for any future expansion.
No expansion or Puilding modifications are included in this entitlement.
All iPhase I Parking Plan modifications shall be in place prior to issuance of
a building permit on Parcel A.
PASSED, Al?PROVED AND ADOPTED THIS 10th day of July, 1990 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Hughes, Frost, Hendricks, Wright, Hirsch
Vilhauer, Hunt
Chie~ng
APPROVED AS TO FOPdV[
~ty Attorney
Chairman
ppmm56
Page 11 of Resolution 90-40