Loading...
HomeMy WebLinkAbout91-57 EXHIBIT A RESOLUTION NO. 91-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 853-91 SUBDIVIDING A 53.11 +/- ACRE SITE INTO FOUR SINGLE FAMILY PARCELS WHEREAS, San Damiano Retreat has requested approval of a Minor Subdivision request for a four parcel minor subdivision on a 53.11 acre site; and WHERF~S, the subject site is located at the terminus of Highland Drive, and is identified as Assessor's Parcel Number 208-130-020, 022, 023, 019; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision prior to recordation of a Parcel Map; and WHEREAS, the item was first heard by the Planning Commission of the December 10, 1991 Planning Commission hearing, and due to outstanding drainage, sewage disposal, and visibility issues, the item was continued; and WHERF~S, the item was subsequently heard by the Planning Commission at the March 24, 1992 Planning Commission hearing and again was continued by the Planning Commission; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 23, 1992; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERF~S, 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 grant of a Mitigated Negative Declaration of Environmental PAGE I OF RESOLUTION NO. 91-57 Significance and approval of the Minor Subdivision request MS 853-91 per the conditions contained herein, and makes the following findings in support of the Minor Subdivision request: The proposed subdivision is in substantial conformance with the goals and policies 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 services will be available to the four new parcels and septic disposal will meet the requirements of the County Health Department. 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. 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 four parcel Minor Subdivision identified as MS 853-91 - San Damiano. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 2 OF RESOLUTION NO. 91-57 0 Tentative Map labeled "Subdivision MS 853-91", dated received by the Planning Division on June 17, 1992, as prepared by Schell and Martin, INC., consisting of three sheets. 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, drainage acreage fees as established by the Contra Costa County Flood Control District, excavation mitigation fees, and plan check fees. 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 July 8,1991. 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. The fee shall be $1,300. Fees shall be submitted within 10 days after approval of the Minor Subdivisiori. 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 7:00 a.m. to 7:00 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. PAGE 3 OF RESOLUTION NO. 91-57 Bo 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 7:00 a.m. to 7:00 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. 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. (Mitigation Measure) Parcel B may receive only limited water service from the East Bay Municipal Utility District (MUD). All development on Parcel B will be subject to. mitigation requirements of the San Ramon Valley Fire Protection District. Possible mitigation may include but not be limited to a limit on the size of a new home on the parcel, fire sprinkling, and/or on site water storage. This restriction shall be recorded to run with the deed to the property and submitted to the City Engineer prior to recordation of the Final Map.' SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. PAGE 4 OF RESOLUTION NO. 91-57 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 within this subdivision shall be developed in a manner consistent with R-65; Single Family Residential District standards. (Mitigation Measure) Final siting of homes, grading, fencing, and architecture shall be subject to review under a Scenic Hillside Development Plan application. The location, design, grading and screening associated with a water storage tank on any of the parcels created by this subdivision, shall be reviewed and approved by the Town as part of the Scenic Hillside Development Plan application process. 0 All future development on the remaining San Damiano Retreat property, including additions to the facility or construction of new accessory structures, shall be subject to review and approval by the Town under a Scenic Hillside Development Plan application. 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. All trees that are protected under the Town's Tree Protection Ordinance (Ord. No. 138) shall be preserved unless a Tree Removal Permit is approved as a part of individual Scenic Hillside Development Plan application for the development of the parcels. As part of the Development Plan applications, arborist's rePorts, recommending mitigation measures to assure the long term health of all protected trees, will be required for all trees which have the potential to be impacted by development. Damage to protected trees may result in fines of up to $5,000 per tree, as specified within the Town's Tree Protection Ordinance. Landscape plans for individual lots shall be submitted for review and approval as part of the Scenic Hillside Development Plan applications. Landscaping shall utilize native drought tolerant vegetation. For parcels C and D, the planting of significant native trees, to effectively screen the homes to be built on these parcels, will be required as part of PAGE 5 OF RESOLUTION NO. 91-57 the development plans for these parcels, The exact types and locations will be determined in conjunction with development plan applications for the development of these parcels. D. ARCHITECTURE * 1. 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. 0 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. Architecture for future single family homes developed on the parcels created by this subdivision shall be consistent with the Town's Scenic Hillside Ordinance and Grading Ordinance. Where appropriate to minimize grading and site disturbance, homes shall utilize a split-pad design. Homes shall utilize native vegetation for landscaping, natural materials, and earth tone colors to blend the residence into the environment. The maximum height of future homes shall be 28 feet. E. GRADING * 1. 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. (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. PAGE 6 OF RESOLUTION NO. 91-57 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. Grading for leach field systems shall be reviewed as part of the Scenic Hillside Development Plan application process for future homes on the site. No site development, including grading, tree trimming, clearing or grubbing, shall be allOwed prior to approval of individual site development under Scenic Hillside Development Plan applications for the development of the parcels created by this subdivision. All grading activity in the area will be limited to between the dates of March 15 thru October 15. STREETS 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 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. This development shall be provided with a safe and effective circulation system for bicy~cles 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. 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. Any Damage to Highland Drive shall be repaired and PAGE 7 OF RESOLUTION NO. 91-57 overlaid in a manner consistent with its present condition. 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. Highland Drive abutting the new parcels created by this subdivision shall be improved using public street construction standards to the satisfaction of the Engineering Division, but as a private road (not publicly maintained). o · A public access easement shall be established over Highland Drive within this subdivision through Parcels C & D, west to the proposed access easement to.the Las Trampas open space. The proposed three car parking area west of'the proposed public access easement to the Las Trampas open space shall be designed to allow cars to park head-in. This will provide enough area to also serve as a turn around. Actual construction of the parking area shall occur at a later date as determined appropriate by the Town, as guaranteed through a deferred improvement agreement approved by the Town prior to recordation of the parcel map. This improvement shall be solely the responsibility of Parcel A of the subdivision. 10. The existing gate across Highland Drive shall be altered to remain permanently open. If the applicant chooses to relocated the gate further to the west, and retain the ability to close it, adequate turn-around provisions for cars denied access shall be provided subject to review and approval by the Planning and Engineering Divisions. 11. Upon the Town's recordation of a document holding the property owner harmless of any liability associated with the public's use of the proposed public access easement from Highland Drive to the Las Trampas Open Space, the applicant shall offer the public access easement, as shown on the tentative map, to the East Bay Regional Park District. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. The specific PAGE 8 OF RESOLUTION NO. 91-57 0 10. 11. 12. method and level of service shall be determined and documented to the satisfaction of the City Engineer prior to recordation of the Final Map. 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. 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 Department 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. PAGE 9 OF RESOLUTION NO. 91-57 13. 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, 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. 14. 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 Depactment 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. 15. Individual sewage disposal systems shall meet the requirements of the County Health Department. 16. The grading arid drainage from these sites flow across private properties. It shall be the subdivider's/developer's responsibility to obtain the review and approval of the appropriate homeowners association of the grading and drainage plans for these sites, prior to the Town issuance of any grading permit. The plans shall be prepared by a licensed Civil Engineer. 17. Existing storm lines and inlets utilized by this project shall be cleaned and/or repaired to the systems designed condition, to the satisfaction of the City Engineer. PAGE 10 OF RESOLUTION NO. 91-57 H. 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. 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. Since both the drainage from these sites and access to the sites are across private properties, adequate documentation shall be presented to the Town to assure the new lots created by this subdivision participate in the private drainage and roadway maintenance associated with the appropriate homeowners association. o A statement acknowledging the existence of scenic easements over the majority of the area of the parcels created by this subdivision, as reflected on the parcel map, shall be recorded to run with the deeds to the parcels created by this subdivision. APPROVED by the Danville Planning Commission at a Regular Meeting on'June 23, 1992 by the following vote: AYES: NOES: - ABSTAINED: - ABSENT: Vilhauer Arnerich, Hunt, Murphy, Osborn, Wright, Hughes ms853.91kpdcz36.2n-~ ~--~~_~ Chairman ch~ P~lanning PAGE 11 OF RESOLUTION NO. 91-57