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HomeMy WebLinkAbout91-54EXHIBIT A RESOLUTION NO. 91-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING APPROVAL OF PUD 91-11 AND SD 7720 TO THE TOWN COUNCIL WHEREAS, Laurel Cottage Partners has requested Vesting Tentative Map SD7720 and Preliminary and Final Development Plan approval for PUD 91-11 rezoning a .49 acre site; and WHEREAS, the subject site is located at 600 Laurel Drive and is identified as Assessor's Parcel Number 216-101-006; and WHEREAS, the Town of Danville Downtown Business District Ordinance and Municipal Code require approval of a Development Plan and Tentative Map; 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 recommends the grant of a Mitigated Negative Declaration of Environmental Significance and approval of the Tentative Map SD 7720 and PUD 91-11 Preliminary and Final Development Plan per the conditions contained herein (Exhibit A), and makes the following findings in support of the subdivision and rezoning: Rezoning: The proposed Rezoning will substantially comply with the Danville 2005 General Plan. The multiple family uses authorized or proposed in the land use district are compatible within the district and to uses authorized in the adjacent commercial zoning districts. Community need has been demonstrated for the proposed use and is consistent with the Town's Draft Housing Element. Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2005 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 facilities services will be available to the six lot subdivsion. 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. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on November 26, 1991, by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Hughes, Wright, Vilahuer Murphy, Hunt Osborn Ch~irmatf ' APPROVED AS TO FORM: ~ity Attorney Chief of ~ l~ni~ Pla ing pcmcml3 EXHIBIT A SD 7720, PUD 91-11 Laurel Drive Cottages 60 Laurel Drive APN: 216-101-006 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior issuance of a building permit 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 Preliminary and Final Development Plan for PUD 91- 11 and Tentative Map SD 7720 for a five lot subdivision identified as Laurel Drive Cottages. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a0 Architectural elevations for three units, landscape plan and site plan entitled Laurel Drive Cottages dated received by the Planing Division November 21, 1991 and consisting of six sheets. NOTE: The landscape plan has not been updated to reflect the applicant's current site plan proposal for a seven unit plan. * 2. * 3. b. Vesting Tentative Map SD 7720, entitled Danville Cottages. 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 October 31, 1991. * 4. 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 $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. 0 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 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 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 Department. No 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. ~ B. SITE PLANNING The project site plan and Vesting Tentative Map shall be revised to reflect the access road shown as a separate parcel prior to approval of a Final Map. The developer has the option to further subdivide the second story unit. The final layout and design shall be subject to review and approval by the Planning Division. Specifically, the back up for all units must function independently. o 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 and fire risers shall be subject to approval by the Planning Division prior to the issuance of a building permit. Generally speaking, such transformers and fire risers shall not be located between any street and the front of a building. The project developer shall provide access to the Iron Horse Trail via a locked gate and recorded private access easement shown on the Final Map. Co o o Mail box location shall be reviewed and approved by the Danville Post Office and the Planning Division. The well on the property shall be destroyed per Health Services Department requirements if it is abandoned. The narrow landscape strips on one side of a parking space shall be eliminated in favor of widen the landscape strip on one side of the parking stall. A fencing plan shall be submitted for review and approval by the Planning Division. All front yard and street side side yard fences shall not exceed three feet in height and shall not be sight-proof. LANDSCAPING The landscape plan should be revised to reflect the approved lot layout. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. The following issues shall be addressed in the revised plan: no The plant materials shall be revised to reflect the "cottage" theme of the project, frost resistant and be appropriate in this environment (Paul Niemuth's comments dated November 14, 1991). o o o bo Real brick or alternate material shall be utilized in each unit entryway, as trim or a decorative detail in the unit patios and at the entrance to the project. Co The final landscape plan shall incorporate all recommendations of an updated arborist report (ie. recommendations for development within the dripline of all preserved trees). d0 The driveway aprons shall be reduced in length where necessary to facilitate proper back out movements and shall incorporate a decorative pavement or rock treatment at the nose of the driveway. eo Four specimen sized trees shall be included in prominent areas of the site plan to mitigate the removal of the two existing mature Sycamore trees. All plant material shall be served by an automatic underground irrigation system 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 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. The developer shall install all front yard landscaping and there shall be a maintenance agreement amongst all property owners stating that the property owners shall be responsible for maintenance of all front yard landscaping, the frontage of the project and any common facilities/amenities on the site. If a maintenance agreement is utilized for landscape areas, the language in the agreement shall be reviewed by the Chief of Planning prior to recordation of the Final Map. An arborist report was submitted for the project which included only preservation of one tree at the rear of the site. A revised arborist report reflecting the approved site plan shall be prepared and all recommendations contained therein shall be incorporated into the final design and construction of the project. ARCHITECTURE 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. Natural wood siding shall be used in this project. Masonite, pressed board or its equivalent shall be prohibited. 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. o If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate application. 0 Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. The buildings shall be separated by a minimum of six feet per building code requirements. o The project CC&R's shall specifically state how to conduct regular maintenance for the exterior of each building and have a maintenance plan for all common and private fencing. PARKING All parking spaces shall be indicated by pavement changes and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. o Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size inclUding allowable overhang. Tandem parking is permitted in this development and the two additional spaces are for guest parking only. Signage to this effect shall be posted in the development. Tandem parking regulations shall be contained within the project CC&R's and a deed restriction placed on all properties accommodating tandem spaces. GRADING Fo Go Any grading on adjacent properties will require written approval of those property owners affected. 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. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. o 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 Transportation 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. Handicapped ramps shall be provided and located as required 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 installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. H0 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. ° 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. Per the Fire District comment #5, the developer shall pursue alternate solutions to meet the red curbing requirement (ie. signage to prohibit parking at the entrance and on the interior of the site, homeowner association monitoring, deed restriction reserving the street as a fire lane, etc.). Evidence of satisfactory compliance with the Fire District requirements shall be submitted to the Planning Division prior to issuance of a Final Map. ° The access road and individual driveways serving each lot shall be constructed of exposed aggregate, chip rock asphalt (if proven in a field test), stamped Bomanite or other alternative decorative pavement and shall be maintained by a maintenance agreement. The edge of this road shall be made of river rock (or its equivalent) and set in concrete. This road shall not be completely installed until after the units are constructed. 10. The applicant shall be responsible for red curbing on both sides of the entry drive for a distance of 25 feet from the curb return. The applicant shall also be responsible for the installation of two "No Stopping Anytime" signs on the east side of Laurel Drive. The exact location of these signs shall be reviewed and approved by the Engineering and Transportation Divisions prior to installation. 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. 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 0 o 10. 11. 12. 13. 14. Control District. The subdivision 'drainage system shall be installed underground and be privately maintained by a homeowners association. 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 sweets 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 least double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Depm:tment of Fish and Game. 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 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 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, 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 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 Department 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. 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. o 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. A minimum of one unit developed in the project shall be developed so as to be affordable to households with Iow or moderate income one- or two- person households, as defined by the Association of Bay Area Governments (ABAG) and the U.S. Depactment of Housing and Community Development (HUD). The affordable unit shall be provided in a method acceptable to the Town and stated in an agreement which shall be approved by the Town Council prior to Final Map approval.