Loading...
HomeMy WebLinkAbout92-06 EXHIBIT A RESOLUTION NO. 92-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECIARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF THE PRELIMINARY AND FINAL DEVELOPMENT PLAN - REZONING REQUEST (PUD 91-10) AND TENTATIVE SUBDIVISION MAP SD 7457 (PLUMMER/READ) TO DEVELOP 20 SINGLE FAMILY RESIDENTIAL UNITS. WHEREAS, Louis Plummer and Robert Read have requested approval of Preliminary and Final Development Plan (PUD 91-10) and a major subdivision (SD 7457) for a twenty lot subdivision lot subdivision on a 30.5 acre site; and WHERF~S, the subject site is located at the terminus of Campbell Place and is identified as Assessor's Parcel Number 202-100-035; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary and Final Development Plan - Rezoning request prior to establishing zoning allowing the site specific use; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Final 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 February 25, 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; PAGE 1 OF RESOLUTION NO. 92-06 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 Preliminary and Final Development Plan and Tentative Map per the conditions contained herein, and makes the following findings in support of the Preliminary and Final Development Plan - Rezoning and Tentative Map: 1. The proposed Rezoning will substantially comply with the General Plan. 2. The uses authorized or proposed in the land use district are compatible within the the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. 4. The proposed project is consistent with the Danville 2005 General Plan. 5. 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. 6. Project conditions will serve to mitigate potentially significant environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance for this project. 7. 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. 8. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems. 9. The site is physically suitable for the proposed density of development. 10. Project conditions require a Development Permit for construction of custom single family homes on lots 11-15. (as noted on the Tentative Map dated received by the Planning Division on February 21, 1992). Conditions of this application and Development Permits shall insure that any new development on these parcels 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. PAGE 2 OF RESOLUTION NO. 92-06 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 twenty lot Preliminary and Final Development Plan (PUD 91-10) and Major Subdivision (SD 7457) identified as Assessor's Parcel Number 202-100-035. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Major Subdivision Map (SD 7457) consisting of one sheet labeled "Plummet Property", prepared by Bissell and Karn, dated received by the Planning Division on February 21, 1992. bo "Plummer/Read Planned Unit Developmenf' site and architectural guidelines consisting of 16 pages, prepared by Craig and Wood Architects, dated received by the Planning Division on February 11, 1992. Plummer revised landscape plan consisting of one sheet prepared by Bissell and Karn, dated received by the Planning Division on February 11, 1992. o 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. ° 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 PAGE 3 OF RESOLUTION NO. 92-06 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. o 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 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 ..<--. PAGE 4 OF RESOLUTION NO. 92-06 Bo 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. 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 50 ft area around the perimeter of the developed area indicated as a "Fire Buffer" on the preliminary landscape plan shall be included in the "Landscape Easemenf' on the final map. The final agreement between the applicant and East Bay Regional Park District for open space areas to be dedicated shall be submitted in writing to the Town of Danville and reflected on the final map for the project. o Remaining open space areas not dedicated to the East Bay Regional Park District including the "landscape easement" shall be indicated on the final map as a separate parcel and maintained by a Homeowners Association or maintenance district. Grading for future building construction on custom lots 13, 14 and 15 is not approved. The final grading plans shall be submitted with the exterior elevations and approved by the Design Review Board with the Development Plans for lots 13, 14 and 15. Lots 1-10 and 16-20 shall be developed as production homes. A Development Plan application with the home designs and improvements for those units as a group shall be submitted and approved by the Design Review Board (DRB). Any proposal to separate the development of production homes into smaller subunits shall require approval of the Design Review Board (DRB) and the Planning Commission. PAGE 5 OF RESOLUTION NO. 92-06 Lots 11-15 shall be developed as custom homes. Development Plan applications for each lot shall be submitted and approved by the Design Review Board (DRB). C. LANDSCAPING A site specific landscape and fencing plan for lots 11, 12, 13, 14 and 15 shall be submitted with the Development Plan applications for review and approval by the Planning Division. The Landscape palette shall utilize native Oak trees and drought tolerant vegetation with open fencing to be utilized on visible slopes. A final landscape plan for the project entry, access easement and street trees and "landscape easement" shall be approved by the Chief of Planning prior to issuance of a building permit for the project. All plant material shall be drought tolerant materials and maintained in a healthy growing condition. 0 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. 0 No structures shall be erected in the area indicated as a "Landscape Easement" on the final map. ° The final landscape plan shall provide details on the landscape and fencing treatment proposed along both sides of the private access easements between lots 2 and 5, the rear of lots 16, 17 and the radius frontage for lot 16. The wording of the CC & R's or maintenance agreement for maintenance of all open space areas not dedicated to East Bay Regional Parks shall be approved by the Chief of Planning prior to approval of the final map. The maintenance agreement shall include provisions to maintain debris benches and other improvements in the open space area controlled by the homeowners. PAGE 6 OF RESOLUTION NO. 92-06 o A trail easement shall be provided between lots 10 and 11 and offered to the public on the final map for SD 7457. ° Landscaping and fencing installed in areas to be dedicated to the East Bay Regional Park District (EBRPD) shall comply with all EBRPD requirements. 10. The spacing of oak trees in open space areas shall be consistent with the character of existing oak tree patterns in hillside areas. 11. The final landscape plan shall include open perimeter fencing and an informal street tree plan within the project. D. ARCHITECTURE Development on Parcels 11, 12, 13, 14, 15 and 16 shall be limited to one story design elements not exceeding 28 feet in height from adjoining grade and subject to a Development Plan application to be reviewed and approved by the Design Review Board (DRB). (Mitigation Measure) The exterior elevations, materials, colors, fencing and walls shall be consistent with the design guidelines attached as Exhibit A-1 to these conditions of approval. (Mitigation Measure) The maximum height of single family structures on Parcels 1-10 and 16-20 shall be 30 feet. The maximum height of residences on parcels 11-15 shall be 28 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. 0 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. 0 A Development Plan is required for exterior elevations and front yard landscaping for each parcel in this subdivision shall be approved by the Design Review Board (DRB) PAGE 7 OF RESOLUTION NO. 92-06 E. PARKING ~, F0 No parking is permitted on the private access easements serving lots 3,4 and 13-15. The access easements shall be signed to indicate that no parking is permitted. GRADING The applicant shall comply with the Soil and Geotechnical mitigation measures indicated in the soil reports dated March 8, 1988, July 31, 1991 and October I 1991. A lot specific soil report with foundation mitigation measures shall be submitted and approved by the City Engineer and Building Division prior to issuance of building permits (Mitigation Measure). o 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. o 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. 0 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. STREETS PAGE 8 OF RESOLUTION NO. 92-06 The textured pavement indicated at the entry to the project shall be approved by the Town Maintenance Depai~tnient prior to approval of improvement plans. o A roadway maintenance agreement shall be executed to share maintenance of the private access easements serving parcels 3, 4 and 13-15. 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. * 4. 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. H. 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 Costa County Health Department. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District letter dated July 23, 1991, 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 letter of July 29, 1991. 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. PAGE 9 OF RESOLUTION NO. 92-06 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. o 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. 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 undergrounded. 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: 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. PAGE 10 OF RESOLUTION NO. 92-06 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 notify the Depactn-lent 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. 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. The final status of the Magee easement shall be clarified to the satisfaction of the City Attorney prior to the recordation of the final map. PAGE 11 OF RESOLUTION NO. 92-06 APPROVED by the Danville Planning Commission at a Regular Meeting on February 25, 1992 by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: ~City AT(~o r~a ey pgpz9 Chairman Chief of PAGE 12 OF RESOLUTION NO. 92-06