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HomeMy WebLinkAbout92-09 EXHIBIT A RESOLUTION NO. 92-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLEADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING. TENTATIVE SUBDIVISION MAP REQUEST SD 7756 TO SUBDIVIDE A 45.29 + ACRE PARCEL INTO 86 SINGLE FAMILY PARCELS (APN: 215-100'006) WHEREAS, Signature Properties, Inc. has requested approval of a Tentative Subdivision Map for 86 single family lots on a 45.29 + acre site; and WHEREAS, the subject site is located to the north of Camino Tassajara Road and west of Old Blackhawk Road, and is identified as Assessor's Parcel Number 215-100-006; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Final Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 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, a Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant impacts are anticipated to be associated with the project; 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 Tentative Subdivision Map per the conditions contained herein, and PAGE 1 OF RESOLUTION NO. 92-09 makes the following findings in support of the Tentative Subdivision Map 7756: The Tentative Map is consistent with the Sycamore Valley Specific Plan and the General Plan. The site is physically suitable for the type and proposed density of development. The design of the subdivision and the proposec~ improvements would not likely to cause substantial environmental damage or substantially and'avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The design of the subdivision and the type o~ improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. 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. o An Environmental Impact Report prepared for the Sycamore Valley Spedfic Plan and certified by Contra Costa County in 1981, and the addendum to the Draft E.I.R. prepared and approved by the Town of Danville in 1985, fully discussed potential .impacts associated with the development of this area. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise spedfied, the following Conditions shall be complied with prior to issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise spedfied. A. GENERAL This approval is for a Tentative Subdivision Map for 86 single family lots identified as APN: 215-100-006. Development shall be substantially as shown on the project drawings as follows, except as may be modified by condi~iona conhxined herein; PAGE 2 OF RESOLUTION NO. 92-09 o o * 6. ao Subdivision authorized by this permit shall be substantially as shown on the drawing labeled "Vesting Tentative Map Subdivision 7756", as prepared by D.K. Assodates, dated received by the Planning Division on February 24, 1992. The subdivision shall comply with all conditions of approval for Subdivision 6155. 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 spedfically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa Coun~ ty 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 agendes. The Fire District's initial comments on this project are summarized in part within their letter of March 3, 1992. Within 10 days after the approval of the project, 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 $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 PAGE 3 OF RESOLUTION NO. 92-09 Bo 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. o At least one week prior to commencement of grading, the applicant shall post the site and mall 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. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. o 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. 1. Final Land, cape and Irrigation Plans (with planting shown at 1"~-20' scale) PAGE 4 OF RESOLUTION NO. 92-09 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. 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. Do 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 land uses and minimum dimensional standards and requirements for the principal and accessory structures on these lots shall be as provided under the R-10 zoning district standards. Residential building height shall not exceed 28 feet above average grade. Any deviation from these criteria or interpretation of standards shall be subject to the administrative review and approval of the Chief of Planning. o Architectural approval for the proposed units is not granted with this approval. Floor plans and elevations shall be subject for Design Review Board's approval prior to issuance of building permits. 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. PAGE 5 OF RESOLUTION NO. 92-09 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. o The street numlmr(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, a'comprehensive sign program shall be submitted to the City for consideration under a separate application. GRADING Fo Any grading on adjacent properties v~rill 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 Offidal 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 spedfic 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 The developer shall obtain an encroachment permit from the Engineering Department prior to cg. mmencing any construction activities within any public right-of-way or easement. PAGE 6 OF RESOLUTION NO. 92-09 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. 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. 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. No parking signs shall be installed on one side of Tuscany Court and Alta Vista Court. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer diSposal service ~hall be provided by the Central Contra Costa Sanihary District. in accordance with the requircmen~ of the District, unle~ PAGE 7 OF RESOLUTION NO. 92-09 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. o e 10. All storm water run-off shall be collected~ and conducted via an approved drainage method to the nearest approved downstream fadlity. 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. 11. 12. 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 polities 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. PAGE 8 OF RESoLUTIoN NO. 92-09 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: ae Removing 1 cubic yard of chann_el 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 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 * 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. PAGE 9 OF RESOLUTION NO. 92-09 o ge 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 applicant shall provide an easement on the east side of the subdivision. The easement is required to connect the existing trail to the south of the subdivision to the open space to the north of the subdivision. The exact location of the easement shall be determined prior to recordation of the final map and shall be appro, ved by the East Bay Regional Park District and the Town of Danville. APPROVED by the Danville Planning Commission at a Regular Meeting on April 28, 1992, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Americh, Hunt, Murphy, Osborn, Wright, Hughes Vilhauer ,~dity Attorney pabzll ¢ ning PAGE 10 OF RESOLUTION NO. 92-09