Loading...
HomeMy WebLinkAbout91-06RESOLUTION NO. 91-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDMSION REQUEST MS 859-90 SUBDIVIDING THE PROPERTY INTO TWO SINGLE-FAMILY LOTS WHERF~S, Clara H. Harris has requested approval of a Minor Subdivision request to subdivide the property into two single-family lots on a 2.14 acre site; and WHEREAS, the subject site is located at 288 Love Lane and is identified as Assessor's Parcel Number 199-273-010; and WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision - Tentative Map application prior to subdivision of the property; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 26, 1991; and WHEREAS, the public notice of this action 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; NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves the Minor Subdivision request MS 859-90 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. o The proposed site is physically suitable for a two lot subdivision as it contains two appropriate building sites. 3. The proposed site is physically suitable for the proposed density. The design of the proposed Minor Subdivision and proposed improvements are not likely to cause public health problems because water and sanitary facilities will PAGE NO. I OF RESOLUTION 91-06 be available to the proposed parcels. o The design of the proposed Minor Subdivision and proposed 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 occurred previously. 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 (Note: * denotes standard project conditions) A. GENERAL This approval is for a Minor Subdivision identified as 288 Love Lane, further identified as Assessor's Parcel Number 199-273-010. Development shall be substantially as shown on the project drawings labeled "Tentative Map - Minor Subdivision 859-90", as prepared by Bruce L. Schremp, dated received by the Planning Division on January 8, 1991, except as may be modified by conditions contained herein. 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 January 21, 1991. 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 PAGE NO. 2 OF RESOLUTION 91-06 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 All construction and grading operations, including delivery of materials and warming up of machinery, 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. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the Chief Building Official. * 6. All physical improvements shall be in place prior to occupancy of any structure to be constructed on the new lot. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. * 2. The location of any pad mounted transformers shall be subject to approval by the Planning Department 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. C. LANDSCAPING * 1. 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. D. ARCHITECTURE * 1. 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. PAGE NO. 3 OF RESOLUTION 91-06 go The street number(s) of the building(s) 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. 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. 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. 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. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall 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. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and PAGE NO. 4 OF RESOLUTION 91-06 installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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, 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. The developer shall offer a 5' wide public street and utility easement along the frontage of Love Lane for future widening and improvement. The developer shall enter into a deferred improvement agreement for installing curb and gutter, pavement widening and an earth swale along both Love Lane and Veda Drive. The improvements shall be installed when the remainder of the site is improved, or when and if an assessment district is formed. The deferred improvement agreement shall be the obligation of parcel "B". o The developer shall add an additional 7 feet to the eighteen foot access easement within proposed parcel "A", providing a 25 foot access easement. 10. If approved by the San Ramon Valley Fire Protection District, the width of the private road easement as required in condition G. 9 above may be reduced. The width of the road shall be based on the ultimate development of up to 4 lots served by this lane. 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, unless approval is secured to utilize a private sewage disposal system. PAGE NO. 5 OF RESOLUTION 91-06 o o 10. 11. 12. 1~. 14. 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. 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. 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. The developer shall comply with all relevant requirements of the department of Fish and Game and the Contra Costa County Flood Control District, except that the developer shall not be required to dedicate 10 feet of additional right-of-way along the east side of the existing drainage ditch. 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. All utilities required to serve the development shall be installed underground. All public improvement plans shall be prepared by a licensed civil engineer. The storm drainage system proposed to serve Parcel "A" shall be a private system (not maintained or accepted by the Town). PAGE NO. 6 OF RESOLUTION 91-06 16. Any abandoned septic tanks and wells shall be destroyed per the requirements of the Contra Costa County Health Depa~:Unent. 17. 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, 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. Ho 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 approvai 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. PAGE NO. 7 OF RESOLUTION 91-06 The property owner of Proposed parcel "A" shall share maintenance responsibilities of the private road with proposed parcel "B". If parcel "B" is ultimately subdivided further, parcel "A" will equally share maintenance responsibilities with all lots utilizing the private lane. An agreement fulfilling this condition shall be submitted to the Town for review and approval prior to recordation of the Final Map. APPROVED by the Danville Planning Commission at a Regular Meeting on February 26, 1991, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hughes, Murphy, Osborn, Wright, Hunt Vilhauer Chief APPROVED AS TO FORM: ~Attc~rney ms859.90\pdcz15 PAGE NO. 8 OF RESOLUTION 91-06