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HomeMy WebLinkAbout92-03EXHIBIT A RESOLUTION NO. 92-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN DP 91-46 TO CONSTRUCT A SEVEN UNIT APARTMENT BUILDING LOCATED AT 174 EL DORADO AVENUE (APN: 208-031-004) WHEREAS, David Gonsalves has requested approval of a Development Plan for a seven unit apartment building on a 15,000 square foot site; and WHEREAS, the subject site is located on the east side of E1 Dorado Avenue, at 174 E1 Dorado Avenue and is identified as Assessor's Parcel Number 208-031-004; and WHEREAS, the Town of Danville Zoning Code; M-29 Multiple Family Residential District, requires approval of a Development Plan for this project; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on January 28, 1992; 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 approves the grant of a Negative Declaration of Environmental Significance and approval of the Development Plan per the conditions contained herein, and makes the following findings in support of the seven unit apartment building: 1. The proposed project is consistent with the Danville 2005 General Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. PAGE 1 OF RESOLUTION NO. 92-3 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 proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 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 Development Plan and tree removal permit identified as DP 91-46. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Exterior Elevations and Landscape Plan consisting of six sheets, dated received by the Planning Division on December 18, 1991. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of December 26, 1991. PAGE 2 OF RESOLUTION NO. 92-3 The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 5185. 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. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 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. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 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 authoriW 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. PAGE 3 OF RESOLUTION NO. 92-3 Bo 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. 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. 3. The driveway approach shall be increased to a minimum width of 24 feet. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Design Review Board. 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. 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 drought tolerant ground cover. PAGE 4 OF RESOLUTION NO. 92-3 o 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 existing trees that are to be preserved shall be protected during the construction process. A tree protection plan shall be prepared by a certified arborist and submitted for review and approval by the Chief of Planning prior to issuance of building permits. ° The existing 10 inch Valley Oak located at the northwest corner of the site shall be transplanted to the southeast corner of the site where two existing Pine trees are to be removed. The final location of the transplanted tree shall be indicated on the final landscape plan to be reviewed and approved by the Design Review Board. If the tree dies within two years of transplanting, it shall be replaced with a minimum 36 inch box Valley Oak. The driveway design shall be modified to preserve the existing 20 inch diameter Valley Oak located within the driveway. A curb and/or guard rail shall be installed to protect the tree from vehicles subject to the review and approval of the Chief of Planning. A tree root ventilation system shall be installed within the driveway as recommended in the arborist report submitted by Atlas Tree Service, Inc. and dated December 31, 1991. o A new six foot high redwood fence shall be installed along the east and south property lines 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. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) foot high masonry walls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. 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. PAGE 5 OF RESOLUTION NO. 92-3 E0 F0 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. 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 structure's exterior siding shall be '"v-rustic" ceder siding. All windows shall be white anodized aluminum unless otherwise approved by the Design Review Board. o The roof material shall be subject to the review and approval by the Chief of Planning prior to installation. o All trellises are to be painted off-white, as approved by the Design Review Board. 10. The size of the recycling area located within the trash enclosure shall conform with the requirements of Contra Costa Sanitary District. PARKING All parking spaces shall be striped 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. 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. GRADING Any grading on adjacent properties will require written approval of those property owners affected. PAGE 6 OF RESOLUTION NO. 92-3 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. Go 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. 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 ° o 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. 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. 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 PAGE 7 OF RESOLUTION NO. 92-3 Plans are submitted, the developer shall supply to the City Engineer an up-to-date Title Report for the subject property. 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. o Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 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. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 11. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. PAGE 8 OF RESOLUTION NO. 92-3 Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. All utilities required to serve the development shall be installed underground. 15. 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: ao 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. 15. The developer shall be responsible for frontage improvements including pavement, curb, gutter and sidewalk. These improvements shall be guaranteed prior to building permit issuance and installed prior to occupancy. PAGE 9 OF 'RESOLUTION NO. 92-3 I. 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. 0 Abandoned septic tanks and wells shall be removed per Health Services Department requirements. Evidence of satisfactory removal shall be submitted to the Planning Division prior to issuance of building permits. APPROVED by the Danville Planning Commission at a Regular Meeting on January 28, 1992, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hunt, Murphy, Osborn, Vilhauer, Wright & Hughes ity Attorney Chief of ~g pdpzl7 PAGE 10 OF RESOLUTION NO. 92-3