HomeMy WebLinkAbout90-59EXHIBIT A
RESOLUTION NO. 90-59
A RESOLUTION OF THE PIJkNNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING TENTATIVE MINOR SUBDIVISION MAP 857-90
WHEREAS Lois Lippincott has requested approval of a Minor Subdivision to create
two residential lots on a 1.60 + acre site; and
WHEREAS the subject site is located at 950 Blemer Road and is identified as
Assessor's Parcel Number 196-570-014; and
WHE~, Title 9 (Subdivision Ordinance) of the Municipal Code requires
approval of a Tentative Map for the proposed subdivision; and
WHEREAS the Planning Commission did review the project at~'a noticed public
hearing on November 13, 1990; and
WHE~ 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 of
Danville adopt a Negative Declaration of Environmental Significance and approve the
Tentative Map per the conditions contained herein, and makes the following findings in
support of the Tentative Map:
1. The proposed project is consistent with the Danville 2005 General Plan.
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.
Project conditions will serve to mitigate potentially significant environmental
impacts identified in the Negative Declaration of Environmental Significance
prepared for this project.
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Page I of Resolution No. 90-59
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The design of the subdivision and the type of associated improvements will
not cause significant environmental damage or substantially and avoidably
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 development.
Project conditions require a Development Permit for the construction of a
single family home on Parcel B (as noted on the Tentative Map dated
October 30, 1990). Conditions of both this application and the
Development Permit shall insure that any new development on the site shall
be consistent with Community Goal 3 of the Danville General Plan (p. 28)
which requires the integration of new development visually and functionally
in a manner compatible with the physical character and desired image of
the community.
Project conditions will serve to assure that development of Parcel B (as
shown on the Tentative Map dated October 30, 1990) will constitute a
residential environment of sustained desirability and stability and will be in
harmony with the character of the surrounding neighborhood and
community.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of a building permit for the project. Each item is subject to review and approval
by the Planning Deparlxnent unless otherwise specified.
A. GENERAL
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This approval is for a Minor Subdivision identified as Tentative Parcel Map
950 Blemer Road. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
no
Tentative Map MS 857-90 prepared by David B. Hop, Civil Engineer
dated received October 30, 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
2 Page 2 of Resolution No. 90-59
should be taken specifically of the Park Dedication Fee and the drainage
acreage fees as established by the Contra Costa County Flood Control
District, Map Check fees of $250 + $ 5.00/lot, Excavation Mitigation (Flood
Control) fees of $ 520.00, and Neriad Traffic Mitigation fee of $12,000.00.
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.
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.
o
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.
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All physical improvements shall be in place prior to occupancy of any
structure in the project. 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.
B. SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
The location of any pad mounted transformers shall be subject to approval
by the Planning Depa~:tment 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.
3 Page 3 of Resolution No. 90-59
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LANDSCAPING
A detailed Landscape and Irrigation Plan (with planting shown at 1"= 20'
scale) shall be submitted with a Development Plan application for the
construction of a single family residence on Parcel B. The plan shall
include common names of all plant materials and shall indicate the size that
various plant materials will achieve within a five year period of time.
Ail trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size.
Landscaping within the dripline of native oaks on the site shall be
compatible with the natural environment in which oak trees thrive. The
final landscape plan is subject to review and approval of a qualified arborist.
(Environmental Mitigation)
All existing trees on the site shall be preserved to the extent practical.
Removal of Tree #16 is permitted due to its poor condition. The proposed
driveway providing access from Blemer Road to Parcel B (as shown on the
Tentative Map) shall be modified and reduced in width to preserve Trees
#5 and #6 as shown on the site plan on page 8 of the tree report
Tree #13, as shown on page 8 of the Tree report, shall be preserved. If
removal of Tree # 13 is required for construction of a home on Parcel B a
Tree Removal Permit application shall be required. No other native oaks
(10 inches or more in diameter as per Ordinance No. 138, Tree
Preservation Ordinance) shall be removed from the site without prior
written approval from the Planning Department.
The developer shall submit tree preservation guidelines prior to issuance
of a grading permit and building permit on Parcel B. The tree preservation
guidelines shall be based on a site review of all trees before any grading has
begun. All proposed engineering and construction plans shall be reviewed
by a qualified consulting arborist experienced with construction practices.
Tree recommendations shall be provided and will include discussion
regarding Construction Protection, Soil Aeration, Irrigation, and Pruning.
The tree preservation guidelines shall be based on the recommendations
listed in the tree report titled "Tree Condition And Preservation Report - 950
Blemer Road Danville". The tree preservation guidelines shall be
implemented prior to, during, and after construction unless otherwise
modified and approved by the Chief of Planning.
ARCttlTECTURE
4 Page 4 of Resolution No. 90-59
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 on Parcel B.
Prior to issuance of a building permit for a new residence constructed on
Parcel B, a Development Permit shall be required, and at that time
elevations for the new residence shall be reviewed to assure compatibility
with the existing home on the site and the surrounding neighborhood.
(Environmental Mitigation)
Prior to the issuance of a building permit, samples of final colors and
materials selected shall be submitted to the Planning Department for review
and approval.
GRADING
Any grading on adjacent properties will require written approval of those
property owners affected.
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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. The engineering recommendations outlined in the project specific
soils report shall be incorporated into the design of this.project.
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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.
Preliminary grading plans shall be included in the Development Permit for
construction on Parcel B.
Prior to any grading, all preserved native oaks shall be fenced five feet
outside the dripline, unless otherwise permitted by tree preservation
guidelines that address specific construction and tree needs.
(Environmental Mitigation)
5 Page 5 of Resolution No. 90-59
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No construction (grade changes, trenching, etc.) shall be allowed within the
fenced area. (Environmental Mitigation)
Grading or construction outside of the fenced area should be reviewed
specifically for changes to drainage and/or runoff which will adversely affect
tree health. (Environmental Mitigation)
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.
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.
All improvements within the public right-of-way, including curb, gutter,
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 shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District (as
noted in the District's September 19, 1990 letter), unless approval is secured
to utilize a private sewage disposal system.
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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.
6 Page 6 of Resolution No. 90-59
All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
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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.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
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If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
10.
The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control District.
11.
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.
12.
All utilities required to serve the development shall be installed
underground.
13. All public improvement plans shall be prepared by a licensed civil engineer.
14.
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 I 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.
7 Page 7 of Resolution No. 90-59
The site selection, land rights, and construction
staking will be determined by the Flood Control
District.
OR, AT THE OPTION OF THE DEVELOPER,
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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.
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 final map. All costs associated with such
acquisition shall be borne by the developer.
The existing second unit located on Parcel A shall have only one living unit.
No portion of the ground floor shall be used as living space. Prior to Final
Map approval, the second unit shall be inspected by the Building Division
and/or the Planning Division to insure conformance with all zoning and
building codes.
The second unit shall not be expanded in size. Any modification to the
exterior of the second unit shall require approval of an Administrative
Development Permit.
5. Prior to any tree removal, tree pruning, grading or construction on Parcel
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Page 8 of Resolution No. 90-59
B, an Administrative Development Permit shall be secured from the Planning
Division, and if necessary, referred to the Design Review Board and/or the
Planning Commission. The Development Permit shall review the location
of the driveway and building footprint, a tree preservation program,
architecture, and colors and materials. (Environmental Mitigation)
PASSED, APPROVED AND ADOPTED THIS 13TH day of November, 1990 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
Hendricks, Hirsch, Hughes, Hunt, Vilhauer, Wright, Frost
Chi~anning
~/City Attorney
Chairman
pdpzll
9 Page 9 of Resolution No. 90-59
