Loading...
HomeMy WebLinkAbout90-49RESOLUTION NO. 90-49 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDMSION REQUEST MS 855-90 FOR THE CREATION OF FOUR LOTS FROM A 4.42+ ACRE PARCEL WHEREAS Don Lynch has requested approval of a Minor Subdivision dividing a 4.42+ acre parcel into 4 parcels; and WHEREAS the subject site is located at 567 El Pintado Road, and is identified as Assessor's Parcel Number 199-330-024; and WHEREAS the Town of Danville R-40; Single Family Residential District requires Minor Subdivision approval for the creation of between one and four new lots; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 9, 1990; and WHEREAS the proper notice of the request was given in all respects as required by law; and WHEREAS a staff report was submitted recommending that the 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; and WHEREAS, a Negative Declaration of environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves the Minor Subdivision request MS 855-90 per the conditions contained herein, and makes the following findings in support of the proposed minor subdivision request: The proposed Minor Subdivision is consistent with the Town of Danville General Plan. The design of the proposed subdivision is consistent with the Town of Danville General Plan. PAGE 1 OF RESOLUTION 90-49 The proposed site is physically suitable for a four lot subdivision as it contains four appropriate building sites. 4. The proposed site is physically suitable for the proposed density. o The design of the proposed Minor Subdivision and the proposed improvements are not likely to cause substantial environmental damage or subsequently insure fish or wildlife or their habitat since this property is in an area where residential development has occurred previously. The design of the proposed Minor Subdivision and proposed improvements are not likely to cause public health problems because water and sanitary facilities services will be available to the proposed parcels. The design of the proposed Minor Subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to approval of a Final 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 four lot minor subdivision on 4.42+ acres of property identified as Assessor Parcel No. 200-230-001. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Tentative Map - Subdivision MS 855-90 prepared by Debolt Civil Engineering, dated received by the Planning Division on July 25, 1990. Conceptual Grading Plan for Parcel C, dated received August 14, 1990, on file with the Planning Division. 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 Land In Lieu Fee, Engineering Inspection, Excavation Mitigation, Map Check, Traffic Signal Mitigation, and the drainage PAGE 2 OF RESOLUTION 90-49 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 June 17, 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 Division 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. o Construction and grading operations, delivery of construction equipment and grading materials, and warming up of grading equipment, shall be limited to weekdays (mondays thru 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. Any building construction activity, delivery of building supplies, or use of knewmatic tools, shall be limited to weekdays (mondays thru fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project are requested to occur in phases, all physical improvements shall be in place prior to occupancy except for items specifically excluded in a Construction Phases Occupancy Plan approved by the Planning Division. 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 1. All lip, hfing shall be installed in such a manner that glare is directed away PAGE 3 OF RESOLUTION 90-49 from surrounding properties and rights-of-way. o The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. Development on Parcel C shall be consistent with the hillside grading practices proposed on the plan labeled "Conceptual Grading Plan Parcel C", dated received by the Planning Division on August 14, 1990. The future residence on this parcel shall utilize a stepped foundation in order to minimize the grading necessary to create a building pad. A grading plan adequate to determine the siting of the residence of this lot shall be prepared prior to approval of any construction by the Design Review Board. Dirt and debris piles present on the site shall be removed and/or dispersed as appropriate to the satisfaction of the Planning Division and Engineering Division prior to recordation of the Parcel Map. LANDSCAPING 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 Division. The future health of the 35" Oak Tree which is located on the north side of proposed parcel B, shall be governed by the mitigation measures specified within the arborist's report prepared for this tree. To assure compliance with the arborist's suggested mitigation measures, the developer shall submit a tree bond of $4,000, plus the cost of the mitigation measures to the Town prior to recordation of the parcel map as required by the Town's Tree Protection Ordinance (Ord. 138). After a two year period from the date of receipt of the bond, upon written verification of an arborist that all mitigation measures have been complied with, the bond will be released to the developer. ARCHITECTURE Future construction on Parcel C shall be subject to approval by the Town's Design Review Board. The architecture shall utilize a stepped design and be consistent with the hillside development practices as specified within the General Plan and depicted on the plan prepared for this parcel on file with the Planning Division and labeled Exhibit E. o All development and construction on the site shall be consistent with Danville's Hillside Residential Development Standards. PAGE 4 OF RESOLUTION 90-49 Eo 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 structures. The highest point of any roof mounted equipment shall not extend above the top of the equipment well. o The street numbers of the buildings shall be posted so as to be easily seen from the street at all times, day or night. GRADING Any grading on adjacent properties will require written approval of those property owners affected. 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. A grading permit for parcel C shall be issued concurrently with issuance of a building Permit for the principal residence of this parcel. No grading is authorized prior to issuance of a permit. STREETS The developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. o 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. 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. This subdivision shall be responsible for the installation of E1 Pintado Street frontage deficient public improvements as follows: Improve the west side along the frontage of the subdivision and the Ohlson Lane intersection with street paving, curb and gutter, and street signage. The improvements shall be installed in accordance with the improvement plans (approved in 1987) PAGE 5 OF RESOLUTION 90-49 G0 currently on file in the Engineering Department, with slight revisions relative to updating. o This subdivision shall be responsible for the installation of Ohlson Lane (private street) street frontage deficient improvements as follows: Improve the entire 20 foot travel width from E1 Pintado to the access to Parcel A, with street paving and asphalt curb. The improvements shall be installed in accordance with the improvement plans (approved in 1984) currently on file in the Engineering Division, with slight revisions relative to updating. This improvement of Ohlson Lane requires the subdivider to install improvements within property not under control of the subdivider. Prior to Parcel Map approval, the subdivider shall submit evidence satisfactory to the Town, identifying the subdivider's rights to install these improvements. The Town is not indicating it is willing to condemn abutting private land for the benefit of this subdivisions development. o Adequate documentation shall be provided to the Town, establishing provisions for the lots within the subdivision, to participate in the joint maintenance of improvements along Ohlson Lane. The westerly half street El Pintado right-of-way width along the frontage of this subdivision shall be 30 feet. The 10 feet offered for dedication on the Tentative Map will comply with this standard. This subdivision shall take all access from Ohlson Lane. Vehicular access rights along E1 Pintado shall be abandoned by legal instrument to the Town. o All 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. 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 for all four lots shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District as specified in their letter of June 13, 1990. PAGE 6 OF RESOLUTION 90-49 Ho 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. The storm drainage easements within Parcel D shall be a minimum of 20 feet wide. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the Town. ° Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. o 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. 9. All utilities required to serve the development shall be installed underground. 10. All public improvement plans shall be prepared by a licensed civil engineer. 11. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. MISCELLANEOUS 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: no 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 off-site 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, PAGE 7 OF RESOLUTION 90-49 o 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. All abandoned septic tanks and wells shall be destroyed per Health Services Department Requirements. The existing exposed leach field system, near the north bank of parcel B, shall be removed to the satisfaction of the County Health Department. APPROVED by the Danville Planning Commission at a Regular Meeting on December 11, 1990, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Frost, Hirsch, Hendricks, Hughes, Hunt, Vilhauer Wright Chairman Chie~ning AS TO pdcz7 PAGE 8 OF RESOLUTION 90-49