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HomeMy WebLinkAbout91-45 EXHIBIT A RESOLUTION NO. 91-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A SIX LOT MAJOR SUBDMSION REQUEST (SD 7566 -- FALIO TO SUBDMDE AN EXISTING PARCEL INTO SIX SINGLE-FAMILY LOTS (APN: 200-230-002) WHEREAS, Robert and Marian Falk have requested approval of a six lot Major Subdivision on a 10.53+/- acre site; and WHEREAS, the subject site is located on the west side of E1 Pintado Road, at 555 E1 Pintado Road and is identified as Assessor's Parcel Number 200-230-002; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative map prior to recordation of a Parcel Map; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on October 8, 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, a Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that, as amended through project modifications and Conditions of Approval, no significant impacts are anticipated to be associated with the project; 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 grant of a Mitigated Negative Declaration of Environmental Significance and approves the Major Subdivision request SD 7566 per the conditions contained herein, and makes the following findings in support of the Major Subdivision: The proposed subdivision is in conformance with the goals and policies of the General Plan. The design of the proposed subdivision is in 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 facilities services will be available to the six new lots. 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 residential 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 six lot Major Subdivision (SD 7566) identified as 555 El Pintado Road (APN:200-230-002). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map Subdivision 7566 -- Robert & Marian Falk, dated received by the Planning Division on October 3, 1991. All development shall take place in compliance with the Preconstruction Tree Survey labeled "Robert & Marian Falk, Danville, California", as 0 prepared by Plant Health Diagnostics, dated received by the Planning Division on July 30, 1991. 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 September 17, 1991. Within 10 days after the project approval date, the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $ 25.00. 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. o At least one week prior to commencement of 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, rifle, 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. o All physical improvements shall be in place prior to occupancy of any new 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 new 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. 10. The developer shall pay traffic signal mitigation fees in the amount of $ 710.00 per lot. The fee for each lot will be due prior to recordation of that 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. ° The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. Lots I and 2 created by this subdivision shall be developed in a manner consistent with the R-40; Single Family Residential District standards. Lots 3, 4, 5, and 6 shall be developed in a manner consistent with the R-65; Single Family Residential standards. (Mitigation Measure) Final siting of homes, grading, and architecture shall be subject to review under a Scenic Hillside Development Plan application. C. LANDSCAPING 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. (Mitigation Measure) Ail development within the dripline of a protected tree shall take place in compliance with the mitigation measures as specified within the arborist's report prepared for the project, referenced in Condition A.2. These trees include the 42" Valley Oak located near the edge of the north property line in lot 5, the 40" Valley Oak located near the north property line in lot 4, and the 41.5" Valley Oak located near the north property line in lot 3. The developer shall comply with all recommended standard construction tree preservation guidelines for all protected trees on the site as specified within arborist's report referenced by Condition A. 2. This will serve to help to maintain the health of all protected trees on the site. o A tree protection bond in the amount of $5,000, as required by the Town's Tree Protection Ordinance (Ord. No. 138), shall be submitted to the Planning Division prior to any development on the site. The bond will be released to the developer upon verification after two full growing seasons that development has not adversely impacted the trees. The Town acknowledges the existing poor health of tree number 4, near the north property line of lot number 5, and its life expectancy of less than ten year. Do ARCHITECTURE Ail 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. o 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. e Future development of lots 3, 5 and 6, and modifications to the existing residence on lot 4, shall be subject to review by the Planning Division and the Design Review Board under a Scenic Hillside Development Plan application. Additionally, the development of lot six shall return to the Planning Commission for final approval. Architecture for future single family homes developed on the lots created by this subdivision shall be consistent with the Town's Scenic Hillside Ordinance and the grading practices depicted on the above referenced Tentative Map. The homes shall utilize a split level pad design to minimize grading and site disturbance, shall utilize native vegetation for landscaping, and shall utilize natural materials and earth tone colors to blend the residence into the environment. 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, the construction grading plans prepared, and the grading permit obtained, 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. No new flat, graded pads shall be allowed. The developer shall use stepped foundations where necessary to minimize the grading needed to accommodate the new houses, as indicated on the Tentative Map referenced by Condition A. 1. STREETS * 1. 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. 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. o 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. Except for lot 1, this subdivision shall have access from the projects new private Lane. The existing private road servicing the existing residence shall be eliminated. Abutters rights for the remainder of the El Pintado frontage shall be relinquished to the Town. (Mitigation Measure) The private drive for the project as shown on the Tentative Map referenced by Condition A. 1. shall be moved south approximately 10 feet to avoid the drip line of the 41.5 inch Oak tree near the northerly property line within lot 4. The revised location shall be shown on the Final Map. 0 The developer shall be responsible for the construction of half of the ultimate full section of roadway along this property's El Pintado frontage. The improvements shall include street paving, and curb & gutter for a 40 foot curb to curb section and driveway approach. This improvement may be deferred until recordation of phase two of the project. Ho 0 Prior to the recordation of the Final map for phase one, adequate documentation shall be provided to the Town indicating that provisions for the lots within the subdivision to participate in the joint maintenance of the projects private road improvements have been established. 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, 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. o All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o 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. 0 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. 0 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 and the Depa~:iment of Fish and Game. 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, 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. 16. 17. Prior to recordation of phase two of the project, the developer shall underground the existing exposed drainage ditch through lots I & 2 as an inclosed system. The applicant shall be responsible for improvements to the storm drain system on the adjacent property to the north (Lynch) relative to transitioning the adjacent enclosed system into the required improvements on the subject property. The applicant shall obtain permission of the adjacent property owner for completion of the work. 18. All abandoned septic tanks and wells shall be destroyed per the requirements of the County Health Services Department. MISCELLANEOUS * 1. * 2. 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, nor 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. APPROVED by the Danville Planning Commission at a Regular Meeting on October 8, 1991, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Hughes, Murphy, Osborn, Vilhauer, Wright, Hunt APPROVED AS TO FORM: pdcz27.fin Chief of a~_~ing