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HomeMy WebLinkAbout91-29 EXHIBIT A RESOLUTION NO. 91-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING THE MINOR SUBDMSION REQUEST BY THE TOWN OF DANVILLE TO SUBDIVIDE AN EXISTING 11.15 +/- ACRE SITE INTO TWO PARCELS WHEREAS, the Town of Danville has requested approval of a Minor Subdivision to subdivide an existing 11.15 +/- acre site into two parcels; and WHEREAS, the subject site is located on the northeast corner of Front Street and Hartz Way, and is identified as Assessor's Parcel Number 216-110-002; and WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission approval of the Tentative Subdivision Map prior to recordation of the Parcel Map; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) as the project consists of the division of property in an urbanized area into less than four parcels in conformance with the General Plan and Zoning Ordinance; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on August 13, 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 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 per the conditions contained herein, and makes the following findings in support of the Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies PAGE 1 OF RESOLUTION NO. 91-29 of the General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facility services will be available to the two new parcels. The density of the subdivision is physically suitable for the proposed density of development. 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 urban development has previously occurred. o 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 of, property within the proposed subdivision. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to recordation of the 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 two lot Minor Subdivision on an existing 11.15 +/o acre site previously known as the Charlotte Wood school site. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings as prepared by Brian-Kangas- Foulk, dated received by the Planning Division on August 9, 1991. PAGE 2 OF RESOLUTION NO. 91-29 B0 o 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 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. 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 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. At least one week prior to commencement of any grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site and to the homeowner associations of nearby residential projects that construction work will commence. The notice shall include a list of contract persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. LANDSCAPING All existing trees on the site shall be preserved to the extent practical. PAGE 3 OF RESOLUTION NO. 91-29 allowed only upon prior written approval from the C0 Removal will be Planning Division. 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. Do ° Prior to any development, a detailed geotechnical report shall be prepared for the site. The report should address soil conditions near the creek bank, and the sites potential for liquefaction during an earthquake. The report should recommend foundation design for all proposed structures. INFRASTRUCTURE o o 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. 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. PAGE 4 OF RESOLUTION NO. 91-29 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. o The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 9. All public improvement plans shall be prepared by a licensed civil engineer. 10. 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, bo 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. 11. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of any proposed construction project that may affect streams in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Depa~-~ment 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. PAGE 5 OF RESOLUTION NO. 91-29 E. MISCELLANEOUS A note shall appear on the Parcel Map as follows: No building permits shall be issued for any of these parcels without adequate provisions for furore off-site public improvements, as determined by the Town of Danville. 0 Any abandoned septic tanks and wells shall be destroyed per the requirements of the Health Services Department. APPROVED by the Danville Planning Commission at a Regular Meeting on August 13, 1991 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hughes, Hunt, Murphy, Osborn, Wright ¥ilhauer Chief of Planning APPROVED AS TO FORM: pdcz22 PAGE 6 OF RESOLUTION NO. 91-29