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HomeMy WebLinkAbout91-56 EXHIBIT A RESOLUTION NO. 91-56 A RESOLUTION OF THE PIakNNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A REZONING AND MAJOR SUBDIVISION REQUEST TO REZONE THE PROPERTY FROM R-20; SINGLE FAMILY RESIDENTIAL TO R-15; RINGLE FAMILY RESIDENTIAL AND TO SUBDMDE THE PROPERTY INTO FIVE SINGLE FAMILY LOTS (APN: 196-330-O07) WHEREAS, Jack David Gaynor et. al., have requested approval of a Rezoning and Major Subdivision request to rezone the property from R-20; Single Family Residential District to R-15; Single Family Residential District and to subdivide the property into five single family lots on a 2.25 acre site; and WHEREAS, the subject site is located on the east side of Hill Road, at 167 Hill Road, and is identified as Assessor's Parcel Number 196-330-007; and WHEREAS, the Town of Danville Zoning Ordinance allows for Rezonings within the density range allowed for within the General Plan and the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision - Tentative Map request prior to recordation of the Final Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 10, 1991; and WHERF~S, 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 Negative Declaration of Environmental Significance and approval of the Rezoning (RZ 91-04) and Major Subdivision request (SD 7665) per the conditions contained herein, and makes the following findings in support of the PAGE ! OF RESOLUTION NO. 91-56 Rezoning request: 1. The proposed Rezoning is in compliance with the General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and with uses authorized in adjacent districts. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission makes the following findings in support of the Major Subdivision request: 1. The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. 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 five new parcels. 4. The density of the subdivision is physically suitable for the proposed density of development. 5. 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. 6. 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. 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. PAGE 2 OF RESOLUTION NO. 91-56 A. GENERAL This approval is for a 5 lot Major Subdivision on the site identified as 167 Hill Road (APN: 196-330-007). Development shall be substantially as shown on the revised Vesting Tentative Map labeled "Subdivision 7665", dated received by the Planning Division on October 25, 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 Excavation Mitigation fee, Northeast Road Improvement Benefit District, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. The Northeast Road Improvement Benefit District fee will be based on the four additional lots being created. 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 June 5, 1991. o 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. The fee shall be submitted to the Planning Division within 10 days after approval of the tentative map. 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 PAGE 3 OF RESOLUTION NO. 91-56 Bo approved in writing by the City Engineer. If detec-inined 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 contact 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. 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 Division. 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. SITE PLANNING 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 the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. Lots shall be developed in a manner consistent with the R-15; Single Family Residential District standards. PAGE 4 OF RESOLUTION NO. 91-56 All lots shall take access directly from proposed "Court A", not from Hill Road. This access restriction shall be reflected in the deeds for lots I & 5. e o (Mitigation Measure) Prior to recordation of the Final Map, the developer shall submit documentation that a Public Assess Easement has been recorded along the creek through the property located to the south (Hill), connecting the required easement through this subdivision (SD 7665) to the existing trail abutting Diablo Lodge. The developer shall construct the creek trail within the easement through this subdivision per the established creek trail standards. The developer will not be required to construct the trail through the abutting (Hill) property. This condition requires the subdivider to acquire property across another lot, not under the control of the subdivider. The Town of Danville is not authorizing its condemnation authority for this acquisition. If the subdivider is unsuccessful in acquisition of the required Public Access Easement, the Public Access Easement shall be provided through this subdivision to Hill Road and from Hill south to the existing trail adjacent to Diablo Lodge. This alternate trail easement may be abandoned when the ultimate trail access is acquired through the Hill property. Setbacks from the Public Access Easement along the creek for homes to be constructed on lots 3 and 4 shall be 25 feet. C. LANDSCAPING * 1. o 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 landscape plans will include the required creek re-vegetation. All existing trees on the site shall be preserved to the extent practical. Removal of Town of Danville protected trees (Ordinance No. 138) will be allowed only upon obtaining a Tree Removal permit through the Planning Division. An Arborist's report, prepared by a certified Arborist, analyzing the feasibility of relocating the Oaks to be removed by the widening of Hill Road to locations elsewhere on the site, shall be prepared prior to recordation of the final map. If relocation is feasible, the new tree locations are subject to review and approval by the Planning Division. PAGE 5 OF RESOLUTION NO. 91-56 D. ARCHITECTURE Eo 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. 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. Prior to issuance of building permits, design guidelines for the homes to be built on these lots shall be developed and submitted for review and approval by the Town Design Review Board. Homes built on these lots shall be in conformance with these guidelines. o Front yard setbacks of the units shall be varied to create visual relief along the internal private street. All four exterior elevations shall be architecturally dimensioned, trimmed, and detailed similar to the front elevations. CREEK ENVIRONMENTAL MITIGATION (Mitigation Measure) The north branch of Green Valley Creek abbuting this site shall be improved to off-set the proposed fill to be added to raise pad levels, within the creeks floodplain. Except as may be modified by the Town or the Department of Fish & Game, channel improvements shall be substantially as shown on the revised Major Subdivision Map - Vesting Tentative Map referenced within condition A. 1. The developer shall notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of proposed construction activity within the Green Valley Creek channel in accordance with section 1601 and/or 1602 of the Fish & Game code. (Mitigation Measure) Prior to approval of final creek Improvement Plans or the Final Map, a re-vegetation plan for the disturbed area of the creek and to enhance the existing preserved creek vegetation, shall be submitted for review and approval by the Planning Division and the Town's Creek's Taskforce, and documentation shall be provided that the plan has been reviewed and approved by the Depachnent of Fish & Game. The goal of the plan shall be to enhance the existing vegetation, including planting at lca~t PAGE 6 OF RESOLUTION NO. 91-56 10. three new Oak Trees along the top of bank, and establish mature creek vegetation in disturbed areas within a period of three years. The re-vegetation plan shall be evaluated as part of the project improvement plans and a cash or other security acceptable to the Chief of Planning in the amount of one-half the value of the re-vegetation shall be deposited with the Town guaranteeing at least a 50 percent survival rate of the new vegetation. If determined necessary, a drip irrigation system shall be utilized until the vegetation is established. Timing of all creek improvements shall be subject to approval by the Town, the Contra Costa County Flood Control District, and the Depactnient of Fish & Game. In general, all improvements should be completed between the months of April and October. The creek channel, including setbacks as required, shall be privately maintained by the owners of the properties within this subdivision. (Mitigation Measure) Although not a protected tree under the ToWn's tree protection ordinance, the 30' Willow tree, within the creek channel near the north property line, is an amenity to the site and the creek environment, and shall be saved. Prior to approval of the creek improvement, a certified Arboris shall review the improvement plans for possible adverse affects on this tree, and recommend mitigation measures to assure the long term survival of this tree. (Mitigation Measure) Per Ordinance 46-84, Chapter 48, Article 3, Section 8- 4823(d)(2), the subdivider shall provide documentation satisfactory to the City Engineer and City Attorney, that the proposed excavation of the flood channel to provide additional capacity to offset the proposed fill encroachment in the flood plain, shall be maintained in its designed condition. Per Ordinance 46-84, Chapter 48, Article 4, Section 8-4839(a), a registered professional Engineer shall certify (by a letter to the City Engineer) that the fill encroachment proposed in the 100 year flood plain will not result in any increase in flood levels during the occurrence of the base flood discharge. If SD 7477 does not procede and this subdivision is responsible for a new Hill Road bridge over Green Valley Creek (as required by Condition G.8.c.ii below), construction within thc creek channel shall bc conMstent with the PAGE 7 OF RESOLUTION NO. 91-56 creek improvement plans for SD 7477 on file with the Town. Conditions related to creek improvements for this subdivision shall also apply to possible improvements within this portion of the creek relative to the installation of a new bridge. 11. All creek improvements shall be consistent with the Town's Creek Development Standards and Guidelines. F. GRADING * 1. 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. (Mitigation Measure) 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. o No clearing, grubbing or grading will be allowed until after the Town's approval of a Grading Plan or improvement plans for the site. G. 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. PAGE 8 OF RESOLUTION NO. 91-56 o ° o 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. 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. Hill Road shall be improved using public street standards, but as a private road (not publically maintained) as follows: Along the frontage of this subdivision: i. The paving width shall be 20 feet. ii. Install concrete curb and gutter and a 4.5 foot sidewalk on the easterly side, not an AC berm. bo From the southerly Hill Road frontage of this subdivision to Diablo Road (except for the Hill Road Bridge): i. If subdivision 7477 proceeds and installs 20 feet of street paving, concrete curb and gutter, and a 4.5 foot sidewalk, this subdivision shall install 20 feet of street paving up to this subdivision frontage. ii. If subdivision 7477 does not proceed, this subdivision shall install 20 feet of street paving from Diablo Road North to the southerly portion of the subdivisions frontage. PAGE 9 OF RESOLUTION NO. 91-56 Ho Across Green Valley Creek: i. If subdivision SD 7477 proceeds and installs a 12 foot wide travel way, this subdivision shall install an additional four foot sidewalk on the east side of the bridge. ii. If subdivision 7477 does not proceed, this subdivision shall install a 12 foot wide travel way across Green Valley Creek. The bridge shall be designed to allow the addition of a four foot sidewalk by future developers. Court "A" shall be improved using public street standards, but as a private Road (not publically maintained) as follows: no Install a 16 foot wide pavement section with concrete curb and gutter. 10. (Mitigation Measure) On a temporary basis, this subdivision shall take access from Diablo via Hill Road. When through future developments or action by the town access rights are secured from Hill Road to Blemer Road or Matedera Way, access to Diablo will be blocked (used for emergency vehicle access only), and access to this subdivision will come from one of the above two alternatives. 11. Conditions of approval related to the improvement of Hill Road south of this subdivision and the construction of a new bridge will only apply if the planned ultimate access from Matadera or Blemer has not been aquired prior to application for building permits for the first structure on any of the lots created by this subdivision. 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 Control District. PAGE 10 OF RESOLUTION NO. 91-56 * o ° o 10. 11. 12. 13. 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 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 Depat:tn~ent 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: no Removing I cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each ~0 square feet of new impervious ~urface area created by the PAGE 11 OF RESOLUTION NO. 91-56 OR, AT THE b. 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. OPTION OF THE DEVELOPER, Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.20 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 Depac~tnent 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 Depae~:ttnent of Fish and Game which indicates the Depac~nent's requirements. Requirements by the Depactnient of Fish and Game shall be noted or shown on the construction plans. 16. Abandoned septic tanks and wells shall be destroyed per the requirements of the County Health Services Depa~:~tnent. 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 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 PAGE 12 OF RESOLUTION NO. 91-56 developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. This subdivision shall be responsible for the maintenance of Court "A" improvements, including the roadway, curb and gutter, and the sidewalk, and shall be responsible for the maintenance of the Green Valley Creek channel abutting this site. Prior to recordation of the Final Map, the developer shall document that a diligent effort has been made to have all parties using Hill Road, a private road, enter into a cost sharing agreement for the equitable distribution of the costs associated with the maintenance of Hill Road improvements and the Hill Road bridge. If such an agreement cannot be secured, the landowner's of this development shall be soley responsible for the required mainenance. A homeowner's maintenance agreement shall be submitted for review and approval by the Planning Division prior to recordation of the Final Map. 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, Wright, Hunt Chief APPROVED AS TO FORM: ~ity Attorney pdcz27 PAGE 13 OF RESOLUTION NO. 91-56