Loading...
HomeMy WebLinkAbout90-58RESOLUTION NO. 90-58 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT THE MITIGATED NEGATIVE DECIakRATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE THE PRELIMINARY AND FINAL DEVELOPMENT PLAN - REZONING REQUEST AND CONCURRENT MAJOR SUBDIVISION REQUEST TO REZONE FROM R-20; SINGLE FAMILY RESIDENTIAL TO P-l; PLANNED UNIT DEVELOPMENT DISTRICT AND CREATE SIX SINGLE FAMILY LOTS WHEREAS, Scott & Randolph Finn et al have requested approval of a Preliminary and Final Development Plan - Rezoning and concurrent major subdivision request to rezone from R-20; Single Family Residential District to P-l; Planned Unit Development District, on a 1.73 acre site; and WHEREAS, the subject site is located on the northeast corner of Diablo Road and Hill Road, at 1008 Diablo Road and is further identified as Assessor's Parcel Number 196- 320-004; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 13, 1990; and WHEREAS, a draft Negative Declaration of Environmental Significance has been prepared for the project; and WHEREAS, the applicant has entered into a binding agreement to mitigate potentially significant environmental impacts and made project revisions which collectively address potential significant project impacts; 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 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 PAGE 1 OF RESOLUTION 90-58 of Danville recommends the Town Council adopt a Mitigated Negative Declaration of Environmental Significance and approval of the Preliminary and Final Development Plan - Rezoning request and concurrent Major Subdivision request per the conditions contained herein, and makes the following findings in support of the Rezoning: 1. The proposed rezoning is in conformance with the General Plan Goals and Policies. 2. The uses authorized under this rezoning action will be compatible with the uses existing and proposed in the adjacent zoning districts. 3. Residential use is a demonstrated community need. 4. The Planned Unit Development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding existing neighborhood and the ultimate development planned for the subject area. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville makes the following findings in support of the Major Subdivision: 1. The proposed subdivision is consistent with the Danville 2005 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the six new parcels. 4. The density of the subdivision is physically suitable for the proposed density of development. 5. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. 6. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use PAGE 2 OF RESOLUTION 90-58 of, property within the proposed subdivision. 7. Project conditions will serve to mitigate potential significant environmental impacts identified within the draft Negative Declaration of Environmental Significance for the project. CONDITIONS OF APPROVAL A. GENERAL This approval is for a Preliminary and Final Development Plan - Rezoning (PUD 90-3) creating a 1.73 acre PUD with concurrent approval of a six lot Major Subdivision (SD 7477) located at 1008 Diablo Road. Development shall be substantially as shown on the project plans as follows, except as may be modified by conditions contained herein; ao Subdivision 7477 Vesting Tentative Map (revised), prepared by Debolt Civil Engineering, dated received by the Planning Division on November 6, 1990. 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 Park Dedication Fee, the Drainage Acreage Fees as established by the Contra Costa County Flood Control District, and Traffic Mitigation Fees of approximately $10,000 to $12,000 per lot based upon a benefit district being formed to reimburse the North East Road Improvement Assessment 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 contained within their memorandum 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 PAGE 3 OF RESOLUTION 90-58 Bo 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 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 Lots created by this subdivision shall be developed in a manner consistent with the R-6; Single Family Residential District Standards, as established by the Town Zoning Ordinance, except as follows: Lot sizes and dimensions shall be substantially as shown on the Tentative Map referenced in condition A.l.a. above. b. Minimum building-to-building sideyard separations shall be 20 feet. Deviation from these standards shall be subject to administrative review and approval of the Chief of Planning. All project lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. PAGE 4 OF RESOLUTION 90-58 ~._.. C. ARCHITECTURE Prior to recordation of the Final Map, design guidelines for the homes to built on these lots shall be submitted to the Planning Division for review and approval by the Town's Design Review Board. Homes built on these lots shall be in conformance with these guidelines. 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 highest point of any roof mounted equipment shall not extend above the top of the equipment well. The street numbers of the buildings shall be posted so as to b~ easily seen from the street at all times, day and night. Front yard setbacks of the units shall be varied to create visual relief along the internal private street. All four exterior elevations shall be architecturally dimensioned, trimmed, and detailed similar to the front elevations. LANDSCAPING Existing trees on the site shall be preserved to the extent practical. The existing mature Valley Oak Trees on the site (greater than 10" in diameter) shall be preserved unless a tree removal permit is obtained from the Planning Division for their removal. Long term care, pruning, and protection of the trees shall be as recommended in the arborist report on file with the Planning Division prepared by William F. Owen, dated July 17, 1990. These trees shall be subject to guaranteed preservation deposits as described in condition E.6. The developer shall supply street trees within the project at a ratio of two trees per lot. All trees shall be a minimum of 15 gallon box size and shall be properly staked. Tree species and proposed locations shall be submitted for review and approval to the Planning Division. Trees shall be installed prior to occupancy of any of the units. A project wall shall be constructed along the Diablo Road frontage of this site. Details and exact location of the proposed wall shall be submitted for review and al313roval by the Planning Division 13rior to issuance of a building PAGE 5 OF RESOLUTION 90-58 permit. At the north east corner of Diablo Road and Hill Road the wall shall wrap around the corner at least 10 feet making two 45 degree turns, and shall maintain an adequate setback not to obstruct vision for cars pulling out onto Diablo Road. Upgraded entry landscaping shall be provided within the landscaping plans in this area. Construction of the wall shall be completed prior to occupancy of any of the units. A landscape and irrigation plan for the area along Diablo Road in front of the project wall, similar to the landscaping in front of Diablo Lodge, shall be submitted for review and approval by the Planning Division prior to approval of project improvement plans. The landscaping within the public right-of-way will be maintained by the Town of Danville. The landscaping shall be installed prior to occupancy of any of the units. A fencing plan shall be submitted for review and approval by the Planning Division prior to issuance of building permits. Special attention shall be given to fences along the rear of lots 4-6, backing up to the property to be dedicated to the Contra Costa County Flood Control District (CCCFCD) and along the projects east property line. The fencing shall be subject to review and approval by the Planning Division and The CCCFCD, and shall be installed prior to occupancy of any of the units. E. CREEK ENVIRONMENTAL MITIGATION Green Valley creek shall be improved to handle the expected water volume for the 100 year flood. Unless modifications are required by the Town, the Contra Costa County Flood Control District (CCCFCD), or the State Department of Fish and Game, channel improvements shall be substantially as shown on the preliminary improvement plans prepared by Debolt Civil Engineering dated received August 1990 by the Planning Division. Although these plans substantially meet the requirements of the CCCFCD, they are subject to moderate to extensive refinement/modification to make the design of the proposed creek improvements satisfactory to the Planning Division, the CCCFCD and/or the Department of Fish and Game, as the need arises during the course of producing final working plans for the project. If unforeseen revisions are required which substantially change the impact of the required improvements on the creek, the project shall be returned to the Planning Commission for re-consideration. PAGE 6 OF RESOLUTION 90-58 A certified Arborist shall be retained by the Town at the developers expense to serve as the "Project Arborist". Through a request for proposals (RFP) process the Town shall choose the most qualified arborist to carry out the tasks as required by the following conditions. In accordance with the Town's Finance Department adopted procedures, the Town will collect fees to cover the cost of the arborist from the developer and deposit it into a designated account. The Town will then disperse payment to the arborist in accordance with the contract. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of proposed construction activity within the Green Valley creak channel in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Department of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Department of Fish and Game shall be noted or shown on the construction plans. The south bank of the creek contains four significant Oak trees which shall be preserved. The Project Arborist shall review the preliminary creek improvement plans and make findings and recommendations to be incorporated into the working drawings. Upon completion of the working drawings, concurrently with the Town's and Flood Control's review of the plans, the Project Arborist shall again review the plans, along with a detailed soils report as regards to the stabilization of the trees, and make further findings and recommendations, if any, to be incorporated into the final working drawings. Additional modifications may include the requirement of gabions to be constructed around the base of some of the trees. o The Project Arborist shall make on-site inspections at the following improvement stages: a. clearing and grubbing within the creek channel; b. grading within the creek channel; Co construction of creek channel improvements such as gabions and the placement of erosion control mats. PAGE 7 OF RESOLUTION 90-58 The Arborist shall make findings and recommendations to the Planning Division regarding actual field conditions, and the improvement plans shall be subject to further modifications as field conditions dictate. As a guarantee of the preservation of all significant protected trees on the site, a cash or other security acceptable to the Chief of Planning shall be deposited on a per tree basis as required by the Town's Tree Protection Ordinance (Ord. No. 138). The Town shall retain the deposit for the period of two full growing seasons and return it upon verification of the trees' continued good health. Prior to approval of final creek Improvement Plans or the Final Map, a re- vegetation plan for the creek shall be submitted for review and approval by the Planning Division and the Project Arborist, and documentation shall be provided that the plan has been reviewed and approved by the Department of Fish and Game. The goal of the plan shall be to re-establish mature creek vegetation within a period of three years. The re-vegetation plan shall be evaluated as part of the project Improvement Plans and a cash or other security acceptable to the Chief of Planning in the amount of one-half the value of the re-vegetation shall be deposited with the Town guaranteeing at least a 50 percent survival rate of the new vegetation. The deposit may be returned after the period of two years upon the verification of the health of the new vegetation. The Project Arborist shall be on-site during the re-vegetation and the plans shall be subject to modification by the Town or the arborist as field conditions dictate. If determined necessary, a drip irrigation system shall be utilized until the vegetation is established. Timing of all creek improvements shall be subject to approval by the Town, the CCCFCD, Fish and Game, and the Project Arborist. In general, all improvements should be completed before the month of October. The creek channel, including setbacks as required, shall be dedicated in fee title to the Contra Costa County Flood Control District, and the right-of-way shall be fenced. GRADING 1. A grading permit shall be obtained from the City Engineer prior to any PAGE 8 OF RESOLUTION 90-58 grading on the site. 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. G0 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. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. 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. 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. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by 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. 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 PAGE 9 OF RESOLUTION 90-58 Ho include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 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, except that a sidewalk across the Hill Road Green Valley creek bridge will not be required. 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. On a temporary basis, this subdivision shall take access from Diablo Road onto Hill Road. When through future developments or action by the Town access rights are secured from Hill Road to Blemmer Road or Matadera Way, access to Diablo Road will be blocked and access to this subdivision will come from one of the above two alternatives. 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. 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. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. ° 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. PAGE 10 OF RESOLUTION 90-58 10. 11. 12. 13. 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. The developer must dedicate sufficient property for the widening of Diablo Road to provide a 42 foot wide one-half street right-of-way, as measured from the existing centerline. The submitted Tentative Map does not comply, and Lots 1 & 2 will lose some square footage. This subdivision shall be responsible for the design and construction of Hill Road abutting this subdivision and across Green Valley creek. Hill Road and right-of-way shall remain as a private road, not publicly maintained. The street shall be improved as a 20 foot wide roadway with an abutting 4 foot wide sidewalk on the east side, from Diablo Road to the south side of the creek. The additional right-of-way for Hill Road shown on the Tentative Map shall be available to residences currently utilizing the existing right-of-way. A new 12 foot minimum width bridge across Green Valley creek shall be installed prior to issuance of Building Permits. The design of the bridge and it's foundation shall include provisions for the ultimate addition of a sidewalk/trail on the east side, and additional roadway on the west side (by others). The bridge shall meet the requirements of the CCCFCD. This subdivision shall be responsible for the design and construction of the private roadway servicing all of the lots within the interior of the subdivision. This street shall be named and identified as a privately maintained roadway. This subdivision shall be responsible for maintenance of all new roadway, fence, and wall construction. A homeowners maintenance agreement shall be submitted for review and approval by the Planning Division prior to approval of the Final Map. The agreement shall include maintenance of the interior private road, project fencing along green Valley creek and at the projects east property line, and the project wall along Diablo Road. Prior to recordation of the Final Map, the developer shall document that a diligent effort has been made to have all parties using Hill Road, a private road, PAGE 11 OF RESOLUTION 90-58 14. 15. 16. 17. 18. 19. enter into a cost sharing agreement for the equitable distribution of the costs associated with maintenance of the road adjacent to this subdivision and the new bridge. If such an agreement cannot be secured, the landowners of this development shall be soley responsible for the required maintenance. A ten foot wide strip, directly adjacent to the east of the existing twenty foot wide Hill Road easement, shall be dedicated as an easement to the Contra Costa County Central Sanitary District and as a Public Access Easement to the Town of Danville. Dedication of this dual easement shall be indicated on the Final Map. Five feet of this easement shall include Hill Road street improvements, and the additional five feet will be included as part of the proposed lots. All utilities required to serve the development shall be installed underground. Ail public improvement plans shall be prepared by a licensed civil engineer. Abandoned septic tanks and wells shall be destroyed per the requirements of the County Health Services Department. Prior to submittal for Final Map approval, the developer shall submit proposed street names for all new streets, along with at least 3 alternatives, for review and approval. The development is in the San Ramon Creek Watershed. Impacts must be mitigated 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 development. Ail excavated material shall be deposited off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. OR, UPON WRITTEN REQUEST BY THE DEVELOPER Provide for a cash payment in lieu of actual excavation and removal of materials from the inadequate portion of San Ramon creek near Chaney PAGE 12 OF RESOLUTION 90-58 Road. The cash payment will be calculated at a rate of $0.10 per square feet of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on San Ramon creek annually. I. MISCELLANEOUS The project shall be Constructed as approved. Minor modifications in the design, but not the use, may be approved by the Chief of Planning. 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 APPROVED by the Danville Planning Commission at a Regular Meeting on November 13, 1990 by the following vote: AYES: NOES: ABSTAINED: ABSENT: CHIE~PLANNING Vilhauer, Hughes, Hunt, Wright, Frost, Hendricks, Hirsch UItAlmlAN PAGE 13 OF RESOLUTION 90-58