HomeMy WebLinkAbout92-12EXHIBIT A
RESOLUTION NO. 92-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING TOWN COUNCIL APPROVAL OF THE REZONING FROM A-2;
GENERAL AGRICULTURE DISTRICT TO R-15; SINGLE FAMILY RESIDENTIAL
DISTRICT AND TENTATIVE MAP MS 857-91
WHEREAS, Robert and Victoria Brooks have requested approval of a two lot Tentative
Map for a .84+ acre site; and
WHEREAS, the subject site is located on the south side of Camino Tassajara,
approximately 450 feet west of Alto Vista Way, at 2850 Camino Tassajara and is identified
as Assessor's Parcel Number 217-030-004; and
WHEREAS, the Town of Danville Zoning Ordinance requires a rezoning of the subject
property from A-2; General Agriculture District to R-15; Single Family Residential District
to permit a two lot subdivision of the subject property due to the requirement of five acre
minimum parcel size for the A-2 zoning district; and
WHERFakS, the Town of Danville Subdivision Ordinance requires approval of a Tentative
Subdivision Map prior to recordation of a Parcel Map; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing
on April 28, 1992; 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, thc Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
PAGE ! OF RESOLUTION NO. 92-12
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of
Danville recommends that Town Council approve the rezOning request per the conditions
contained herein, and makes the following findings in support of the rezoning:
The proposed Rezoning to R-15; Single Family Residential District will substantially
comply with the General Plan.
o
The uscs authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
Community need has been demonstrated for the use proposed.
The previously certified EIR prepared for the Sycamore Valley Specific Plan On
conjunction with the addendum to the EIR prepared in 1985) discussed potential
impacts associated with development of the site for residential uses, in part
satisfying thc requirements of the California Environmental Quality Act; and be it
further
RESOLVED that the Planning Commission of the Town of Danville recommends that
Town Council approve the minor subdivision request per the conditions of approval
contained herein, and makes the following findings in support of the minor subdivision:
The proposed subdivision is in substantial conformance with the goals and policies
of the General Plan.
0
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 and sanitary facilities
services will be available to the one new parcels.
The density of the subdivision is physically suitable for the proposed density of
dcvclopmcnt.
Thc 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
PAGE 2 OF RESOLUTION NO. 92-12
conflict with casements, 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 other~x4se specified, the following Conditions shall be complied with prior to
recordation of thc Final Map for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERA~ .
o
This approval is for a rezoning from A-2; General Agricultural District to R-
15; Single Family Residential District and a two lot subdivision of a .84+
acre site identified as APN: 217-030-004. Development shall be substantially
as shown on the.project drawings as follows, except as may be modified by
conditions contained herein;
Tentative Map (MS 857-91) consisting of one sheet labeled "Tentative
Parcel Map MS 857-91", prepared by David B. Hop, Civil Engineer,
dated received by the Planning Division on April 23, 1992.
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 Sycamore Valley Benifit District Fees,
Improvement Plan check fees, Parcel Map check fees, and drainage acreage
fees as established by the Contra Costa County Flood Control District.
lin the event that this subdivision accesses Camino Tassajara at Alta Vista Way
via streets located within Subdivision 7433, the developer and/or current
property owners of the subject subdivision are responsible for a percentage
of total as-built traffic signal costs at Alta Vista Way and Camino Tassajara.
Thc appropriate contribution percentages shall be determined by the City
Engineer at the time of connection to Alta Vista Way, based upon the best
current estimated number of units to be served on the south side of the
intersection, prorated equitably. The funds collected are to reimburse the
property developer on the north side of the intersection for funding of the
traffic signal in excess of that development's 50% responsibility.
PAGE 3 OF RESOLUTION NO. 92-12
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.
Thc Fire District's initial comments on this project are summarized in part
within their letter of August 29, 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 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
cvahmte 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
nc'ar/~y residential projects that construction work will commence. The
not'ice shall include a list of contract persons with name, title, phone
PAGE 4 OF RESOLUTION NO. 92-12
Do
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
oc~zur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a Construction-
Phascs 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 P1,A N N I NG
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
o
Thc location of any pad mounted transformers shall be subject to approval
by the Planning Division prior to the issuance of a building permit.
.,cnct ally speaking, such transformers shall not be located between any
street and the front of a building.
The front yard setback for the new residence on Parcel B shall be observed
from the parcel's northern property line.
LANDSCAPING
All existing trees on the site (including those present within the Sycamore
Crock channel easemen0 shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Division.
ARCHIII lURE
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. 92-12
The ne~v residence developed on Parcel B. shall be designed in accord with
thc following criteria:
All four exterior elevations shall be architecturally dimensioned,
trimmed and detailed similar to front elevations. Trim materials
around doors and front elevations shall be a minimum thickness of
two inches.
Fire retardant roof material shall be applied on the new residence,
unless otherwise authorized by the San Ramon Fire Protection
District.
c. The new .residence shall not exceed 28 feet in height.
Dcvclopmcnt shall be consistent with Danville's Residential Development
Standarcls.
GRADING
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.
l)evelopment 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
buikling. The engineering recommendations outlined in the project specific
soils report shall be incorporated into the design of this project. The report
shall address, among other things, the following considerations:
Structure setback along the creek in accordance with Contra Costa
County Flood Control District guidelines.
b. Recommendations for drainage and discharge protection.
c. Recommendations to minimize expansive soil influence on
PAGE 6 OF RESOLUTION NO. 92-12
Go
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foundations.
d. Grading recommendations.
c. Liquefaction
f. Effccts of ground Water table levels on foundations.
Where soils or geologic conditions encountered in grading operations are
diffcrcnt from that anticipated in the soil report, a revised soils report shall
bc submitted for review and approval by the Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
thc site from settlement and seismic activity.
STREETS
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.
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.
Thc 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
satisthction of the CiW Engineer at full expense to the developer. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
INFRASTII [ ICTI[
Water supply service shall be provided by the East Bay Municipal Utility
l)istrict in accordance with the requirements of the District.
PAGE 7 OF RESOLUTION NO. 92-12
10.
11.
12.
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
dr:~inage method to the nearest approved downstream facility subject to the
review and approval of Contra Costa County Flood Control District and the
Department of Fish & Game.
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
dis~sipating devices, or into a pipe.
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
portion of the drainage system that conveys runoff from public streets
sh:;,.!t be installed within a dedicated drainage easement, or public street.
storm drain must cross a lot, or be in an easement between lots, the
casement shall be equal to or at least double the depth of the storm drain.
Thc developer shall comply with all relevant requirements of the Contra
Cos:,ta County Flood Control District and the Department of Fish and Game.
Thc developer shall furnish proof to the City Engineer of the acquisition of
a!! t~t~cessary 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 t,~tflities 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
PAGE 8 OF RESOLUTION NO. 92-12
u n dcrground.
13. All public improvement plans shall be prepared by a licensed civil engineer.
14.
Thc 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 TI IE 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
imperx4ous 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,
You ntvill c, California 94599 of any proposed construction project that may
affect streams in accordance with Section 1601 and/or 1602 of the Fish and
G amc 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.
MISCEIJANEOUS
Thc 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 Harming Commission approval through the Development Plan
PAGE 9 OF RESOLUTION NO. 92-12
re. vi CW process,
* 2.
Conclifions of this approval may require the developer to install public
improvements on land neither the developer, not the Town, has easement
rights to alloxv the improvements to be installed. The developer shall be
responsible for acquisition of the necessary easements either through
private ncgot:'ations 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.
Thc developer shall contribute $3,478 to the Town of Danville (based on
one new parcel) towards the construction of a future bridge west of the
subject site plus $2,260 for construction of pedestrian/equestrian trail on
thc south side of the creek, totaling $5,738 to be paid prior to issuance of
bui!ding permits for Parcel B.
Thc existing mobile home located on the subject property shall be removed
prior to issuance of building permits for Parcel B.
APPROVED by thc Danville Planning Commission at a Regular Meeting on April 28, 1992
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
^rncrich, Hunt, Murphy, Osborn, Wright, Hughes
Vi I h a u e r
pdpz24
ning
PAGE 10 OF RESOLUTION NO. 92-12