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HomeMy WebLinkAbout90-60RESOLUTION NO. 90-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 856-90 WHEREAS, Alan Mckean (Applicant) and David Christensen (Owner) have requested approval of Minor Subdivision request to create four residential lots on a 4.2 acre site; and WHEREAS, the subject site is located between 248 & 256 Pulido Rd and is identified as Assessor's Parcel Number 195-040-053,054,055,056,057,057; and WHEREAS, the Parcel Map complies with the standards set forth in the California Subdivision Map Act and the Town of Danville R-10; Single Family Residential District Zoning Ordinance; and WHE~, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that through conditions of approval 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 November 27, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEBY_a~, a staff report was submitted recommending that Planning Commission approve the request; and WHE~, 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 Mitigated Negative Declaration of Environmental Significance and Minor Subdivision MS 856-90, per the conditions contained herein, and makes the following findings in support of the Minor Subdivision: 1. The proposed project is consistent with the Danville 2005 General Plan. PAGE 1 OF RESOLUTION NO. 90-60 The design of the proposed minor subdivision is in substantial conformance with the R-10; Single Family Residential District. The design of the proposed minor subdivision and the type of associated improvements will not cause significant environmental damage and subsequently injure fish, wildlife or their habitat. 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 Mitigated Negative Declaration of Environmental Significance prepared for this project. : The design of the subdivision and the type of associated improvements will not likely cause serious public health problems. 7. The site is physically suitable for the proposed density of development. The design of the subdivision and the type of associated improvements will not conflict with easements, required 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 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 four parcels. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; "Christensen Minor Subdivision Map", consisting of one sheet prepared by Alan Mckean, and dated received by the Planning Division on November 21, 1990. PAGE 2 OF RESOLUTION NO. 90-60 o o 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 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 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 issuance of a building permit for any structure in the project. If a phasing plan is requested, the applicant shall provide a performance bond for construction of physical improvements. The amount of the bond shall be determined by the City Engineer. No structure shall be occupied until the physical improvements are installed and adjoining areas are finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional PAGE 3 OF RESOLUTION NO. 90-60 B0 construction activity. SITE PLANNING Co The individual air conditioning condensers serving each unit in this project shall be ground-mounted, shall be adequately screened from adjacent properties, and maintain a minimum 5 feet clear and passage on side yards. o 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-10; Single Family Residential District standards, as established by the Town Zoning Ordinance. o The final building locations for each parcel shall be substantially as show on the Tentative Parcel Map unless alternate locations are approved by the Design Review Board. Building setbacks shall meet the R-20 setback requirements except for front yards, which shall meet the R-10 standards. 0 Lots 2,3 and 5 shall be prohibited by deed restriction from installing in- ground swimming pools. Construction of additions or major accessory structures shall require approval of a Development Plan Permit. LANDSCAPING The developer shall submit a final 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. Landscaped areas at the entry to the project and along the private roadway and shall be installed prior to occupancy of any structures. Additional landscaping for each parcel shall be installed prior to occupancy of the dwelling on that parcel. The final landscape plan shall include details on the retaining wall to be along the entry driveway, and a low reflective decorative fence, wall or bollards along the downhill side of the driveway. PAGE 4 OF RESOLUTION NO. 90-60 The final landscape shall include planting on adjacent properties. All landscape materials established on the downhill sides of lots 2, 3 and 4 shall have low water needs (xeriphytes). ARCHITECTURE 1. All development and construction on the site shall be consistent with Danville's Scenic Hillside and Major Ridgeline Guidelines. 2. The street numbers of the buildings shall be posted at the entry to the project so as to be easily seen from the street at all times, day and night. 3. The proposed new residence shall be reviewed and approved by the Design Review Board. 4. All units shall have minimal building skirts not to exceed 6 feet in height from finished grade. 5. All downhill building skirts shall be architecturally treated. 6. Adjacent property owners shall be notified by the developer of the date and time of the Design Review Board (DRB) meeting for each dwelling. GRADING Any grading on adjacent properties will require written approval of those property owners affected prior to the recordation of the Parcel Map. o 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. PAGE 5 OF RESOLUTION NO. 90-60 o 10. 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. The soils engineer shall sign the final grading plans. All impervious surfaces on each parcel shall be picked up by an approved drainage system. The applicant shall fund a third party soil/geotechnical consultant review prior to issuance of the grading permit if determined to be necessary by the City Engineer. Completion of all physical improvements on site shall include slide repair work outlined in soil/geotechnical report for the project. The applicant and project engineer shall study the need for a concrete lined drainage ditch along the perimeter of the project. The drainage ditch shall be installed if deemed necessary by the City Engineer. Go STREETS This subdivision shall pay fees consistent with the proportion required for this site as determined by the Northeast Road Improvement Benefit District. 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 project. 2. The developer shall obtain an encroachment permit from the Engineering PAGE 6 OF RESOLUTION NO. 90-60 Ho 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 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. ° The 20 foot private road section shall be reduced to 18 feet with a 2 foot flat shoulder provided. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. o 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. o 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. o Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 7. Concentrated drainage flows shall not be permitted to cross sidewalks or PAGE 7 OF RESOLUTION NO. 90-60 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. 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: 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 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, UPON REQUEST BY THE DEVELOPER, bo Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new PAGE 8 OF RESOLUTION NO. 90-60 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 conform 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. A roadway, retaining wall and drainage facility maintenance agreement requiring owners of each parcel to maintain the facilities shall be submitted for review and approval by the City Engineer prior to recordation of the final map. o A plan shall be submitted and approved by the Chief of Planning which indicates the location of a clustered mailbox for all four lots at the project entry. 5. Prior to approval of the final map the applicant 8hall obtain approval of the PAGE 9 OF RESOLUTION NO. 90-60 City Engineer for a lot line adjustment with the owner of property at 244 Pulido Rd as indicated on the Parcel Map. 0 Prior to issuance of building permits or grading permits, the grading and/or building contractor shall demonstrate possession of liability insurance in an amount to be determined by the City Attorney. APPROVED by the Danville Planning Commission at a Regular Meeting on November 27, 1990 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Hendricks, Hirsch, Hughes, Hunt, Vilhauer, Frost Wright Chairman pgpzl PAGE 10 OF RESOLUTION NO. 90-60