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HomeMy WebLinkAbout91-53 EXHIBIT A RESOLUTION NO. 91-$3 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING TENTATIVE MINOR SUBDIVISION MAP MS 858-91 (NAUMAN) WHEREAS, Gary Nauman has requested approval of a Minor subdivision for a three lot subdivision on an 18.9 acre site; and WHEREAS, the subject site is located at 2498 Tassajara Lane and is identified as Assessor's Parcel Number 207-071-004; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Parcel Map; and WHEREAS, the potential environmental impacts have been mitigated through conditions of approval and adoption of a Mitigated Negative Declaration of Environmental Significance; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 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 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 Mitigated 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. PAGE I OF RESOLUTION NO. 91-53 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 for this project. o 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. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems. 6. The site is physically suitable for the proposed density of development. Project conditions require a Development Permit for construction of single family homes on Parcels A and C (as noted on the Tentative Map dated received by the Planning Division on October 25, 1991). Conditions of this application and Developmit Permits shall insure that any new development on the site shall be consistent with Community Goal 3 of the Danville 2005 General Plan (pg. 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. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of grading or building permits 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 three lot minor subdivision (MS 858-91) identified as Assessor's Parcel Number 207-071-004. Development shall be substantially as shown on the project drawings as follows, except as may be modified by PAGE 2 OF RESOLUTION NO. 91-53 conditions contained herein; 0 no Tentative Parcel Map (MS 858-91) consisting of one sheet labeled "Nauman Property", prepared by Parsons, Rourke and Walker, dated received by the Planning Division on October 25, 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 Sycamore Valley Benefit District Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. o 0 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. 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 within 10 days after approval of the Tentative Parcel Map. The fee shall be $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case 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. (a) 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 PAGE 3 OF RESOLUTION NO. 91-53 B0 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. (b) 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 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. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. Outdoor lighting shall be reviewed and approved by the Design Review Board and Planning Commission with the individual Development Plan applications for Parcels A and C. The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. The final map shall specify that no structures are permitted within the area indicated as a "Scenic Easemenf'. Any proposed construction within areas not included in the "Scenic Easement shall require submittal of a separate Development Plan (DP) application and be approved by the Design Review Board (DRB) and the Planning Commission. PAGE 4 OF RESOLUTION NO. 91-53 The driveway serving Parcel C shall be located on in its entirety on Parcel C or shown as an easement over Parcels A & B. The final design shall be indicated on the Final Map. Grading for future building construction on Parcels A and C is not approved. The final grading plans shall be submitted with the exterior elevations and approved by the Design Review Board and the Planning Commission with the Development Plans for Parcels A and C. C. LANDSCAPING 0 A site specific landscape and fencing plan for Parcels A and C shall be submitted with the Development Plan application for review and approval by the Planning Division. Landscaping shall utilize native drought tolerant vegetation with open fencing to be utilized on visible slopes. A tree report shall be submitted to address the long tern~ health of the 36" Oak tree on the south side of the driveway serving Parcel A. All mitigation measures recommendad shall be completed prior to occupancy of the home on that lot. (Mitigation Measure) All plant material shall be drought tolerant materials and maintained in a healthy growing condition. All 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. * 5. 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 Development on Parcels A and C shall be limited to one story designs which shall require submittal of a Development Plan application to be reviewed and approved by the Design Review Board (DRB) and the Planning Commission. (Mitigation Measure) 2. The maximum size of the dwellings on Parcels A and C shall be 5,000 PAGE 5 OF RESOLUTION NO. 91-53 E0 square feet. The size of both dwellings may be reduced by the Design Review Board or Planning Commission if the visual impacts are determined to be significant. o The maximum height of single family structures on Parcels A and C shall be 22 feet from finished grade. (Mitigation Measure) ° 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. o The street number(s) of the building(s) shall be posted so as to be easily seen from the private road and be visible at all times, day and night. PARKING Fo Guest parking spaces shall be accommodated in the specific designs for the homes on Parcels A and C. The number of spaces and location shall be reviewed with the Development Plan application approved for each lot. GRADING ° The applicant shall comply with the Soil and Geotechnical mitigation measures indicated in the soil reports dated September 12, 1990 and October 26, 1991. (Mitigation Measure). Any grading on adjacent properties will require written approval of those property owners affected. The existing landslides on the south side of the building pad on Parcel C shall be repaired. Additionally the slip on the north side of the driveway serving Parcel A shall be addressed to the satisfaction of the City Engineer prior to issuance of building permits for each respective home. The detailed recommendations for the repair shall be included in the soil and geotechnical report submitted with the grading plans. PAGE 6 OF RESOLUTION NO. 91-53 0 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 buildings. 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. Revisions to the approved grading plan required by additional soil and geotechnical analysis shall be reviewed and approved by the Design Review Board. If a building permit for development of Parcels A or C is submitted prior to construction of a new bridge or improvement of the existing bridge required by an existing or future entitlement, this applicant shall submit calculations to the City Engineer which demonstrate that the existing bridge can support the weight of emergency vehicle and construction equipment. If the bridge is determined to be inadequate, the applicant is responsible for providing additional structural support neccessary to safely allow construction and emergency vehicle equipment to utilize the bridge. Additionally, the live load capacity of the bridge shall be posted. G. STREETS The developer shall execute a deferred improvement agreement (DIA) with the Town of Danville to pay a fair share portion of costs for improvements to Tassajara Lane (including the bridge) required upon a determination by the City Engineer that for public health and safety reasons, such improvements are necessary. Future owners of Parcels A and C shall be obligated as parties to the DIA and the appropriate wording shall be reflected on the deeds recorded for those parcels. PAGE 7 OF RESOLUTION NO. 91-53 A roadway maintenance agreement shall be executed to share maintenance of the private roadway serving parcels A, B, and C from the Terminus of Tassajara Lane. The deeds for Parcels A and C shall also reflect participation in the existing maintenance agreement for Tassajara Lane. Evidence of compliance with this condition shall be submitted prior to approval of the final map. The private driveway serving Parcels A, B, and C shall be a minimum of 12 feet wide and be constructed of an all weather surface acceptable to the requirements of the San Ramon Valley Fire Protection District. o The developer shall be required to construct a retaining wall on the south side of the existing driveway serving Parcel A. The retaining wall design shall be approved by the Design Review Board with the Development Plan application. Calculations shall be submitted to the Engineering and Building Divisions along with the grading permit application and installed prior to occupancy of the home on Parcel A. A split rail designed fence with reflectors shall be installed on the north side of the driveway serving Parcel C. The final design and location shall be approved by the Planning Division and installed prior to occupancy of the dwelling on Parcel C. 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 public 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 The improvement plans shall include final design of the turning radius and "spot repair" sections of the concrete driveway. The plans for both shall be approved by the San Ramon Valley Fire Preotection District prior to submittal to the City Engineer. PAGE 8 OF RESOLUTION NO. 91-53 H0 INFRASTRUCTURE 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District or approval of individual wells to the satisfaction of the Contra Costab County Health Department. 2. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District letter dated September 24, 1991, unless approval is secured to utilize a private sewage disposal system. 3. 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 letter of October 8, 1991. 4. All stocni water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 6. 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 driveways. 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 9. 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 Depm-is,~ent of Fish and Game. PAGE 9 OF RESOLUTION NO. 91-53 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 electrical utilities required to serve the development shall be installed undergrounded from the last existing pole to the homes. 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: a0 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 offsite 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, b0 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. 15. The developer shall notify the Depactment 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 Depactment PAGE 10 OF RESOLUTION NO. 91-53 of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Depaertment 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. MISCELLANEOUS * 1. 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. * 2. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on December 10, 1991 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hughes, Murphy, Osborn, Vilhauer, Hunt Wright APPROVED AS TO FORM: ~'A/ty Attorney Chief of Pl~.n~g pgpz8 PAGE 11 OF RESOLUTION NO. 91-53