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HomeMy WebLinkAbout92-29EXHIBIT A RESOLUTION NO. 92-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING VESTING TENTATIVE MINOR SUBDIVISION MAP MS 855-92 (COTTON ET AL) WHEREAS, R. Alan Cotton Et Al (Owner/Applicant) has requested approval of a two lot Vesting Tentative Map for a 3.11+ acre site; WHEREAS, the subject site is located at 28 Sky Terrace (the westerly terminus of Sky Terrace) and is identified as Assessor's Parcel Number 208-130-016; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Parcel Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 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 WHERF~S, 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 Significance and approval of the Vesting Tentative Map per the conditions contained herein, and makes the following findings in support of the Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. PAGE 1 OF RESOLUTION NO. 92-29 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 two parcels. o 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. BE IT FURTHER RESOLVED, that the Planning Commission approves the Variance for the average lot width of Parcel A to be less than 140 feet as required by the R-65 zoning district subject to the attached Conditions of Approval and makes the following Findings to support this action: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-65 District in which the subject property is located. 0 Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: ao DUe to the configuration of the lot and the excessive length of the driveway access, the average width of the lot is disproportionate to neighboring properties. This variance is in substantial conformance with the intent and purpose of the R-65 zoning district in which the subject property is located. 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. PAGE 2 OF RESOLUTION NO. 92-29 A. GENERAL This approval is for a two lot minor subdivision of a 3.11+ acre site identified as APN: 208-130-016. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map (MS 855-92) consisting of one sheet labeled '"vesting Tentative Map, MS 855-92", prepared by DeBolt Civil Engineering, dated received by the Planning Division on June 12, 1992. * 3. * 4. * 5. 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 ($1,400/single family unit), Park Dedication Fee ($2,880.00/unit) and the drainage acreage fees as established by the Contra Costa County Flood Control District ($3,000). 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 April 23, 1992. 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 evaluate the significance of the find and to outline appropriate mitigation PAGE 3 OF RESOLUTION NO. 92-29 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, rifle, 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. o 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. PAGE 4 OF RESOLUTION NO. 92-29 0 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. LANDSCAPING o Landscape plans shall be submitted concurrently with Development Plan applications for Parcels A & B and landscaping shall mitigate visual impacts of structures. A minimum of 80% of planted landscaping (not including natural areas) shall be drought tolerant varieties well suited to the climate of this region and requiring minimal watering once established. All trees shall be a minimum of 15 gallon container size and properly staked. D0 The existing 20 inch oak tree located at the northwest corner of Parcel A shall be preserved. If necessary (as determined by Town staff) an arborist report may be required at the time of Development Plan application, to analyze the impact of development to the existing California Live Oak tree located on Parcel A. All irrigated landscaping shall be designed and installed in a manner which will be compatible with existing Oak trees located on the site. ARCHITECTURE o Development Plan approval shall be required prior to issuance of building permits for the construction of single family residences on Parcels A & B subject to the review and approval of the Design Review Board. 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 structures. The highest point of any roof mounted equipment shall not extend above the top of the equipment well. The street number of the building shall be posted so as to be easily seen from the street at all times, day and night. PAGE 5 OF RESOLUTION NO. 92-29 Architecture for future single family homes developed on the parcels created by this subdivision shall be consistent with the Town's Scenic Hillside and Grading Ordinances. To minimize grading and site disturbance, homes shall utilize a split-pad design where appropriate. Homes shall utilize native vegetation for landscaping, natural materials, and earth tone colors to blend the residences into the surrounding 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. 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) Prior to issuance of the first building permit for either Parcel A or B, the existing slide located on the site shall be repaired subject to the review and approval of the City Engineer. Prior to the slide repair, a geotechnical report shall be prepared to address the slide repair with the following considerations: grading will be required for a future driveway located on Parcel A; the adequacy of the existing keyway located on the site; an analysis of the existing storm drain located within the slide area; and necessary drainage and grading requirements for Parcels A & B; an analysis of impacts to future utilities located within the slide area. The geotechnical report shall be subject to the review and approval of the City Engineer. (Mitigation Measure) A parcel-specific soils report shall be submitted with Development Plan applications for Parcels A & B. The soils reports shall be completed in compliance with recommendations outlined in the geotechnical report and shall contain specific recommendations for foundation design of each single family residence. The engineering recommendations outlined in the 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 PAGE 6 OF RESOLUTION NO. 92-29 accompanied by an engineering and geological opinion as t° the safety of the site from settlement and seismic activity. A detailed grading plan (signed by a soils engineer) shall be submitted with Development Plan applications for single family residences on Parcels A & B. No grading on Parcel A shall impact the existing 20 inch oak tree. The applicant shall submit detailed grading improvement plans for the roadway improvements to include the onsite hammerhead, and postal turnaround area for the review and approval of the City Engineer prior to recordation of the Final Map. Grading shall be prohibited between October 15 and April 15 or at any other time erosion potential exists as determined by the City Engineer. Grading activity may occur between October 15 and April 15 upon approval by the City Engineer. F. STREETS * 1. 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. 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. PAGE 7 OF RESOLUTION NO. 92-29 Go ¸7. Be 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. A paved driveway turnaround (with a minimum radius of 20 feet) shall be installed at the southeast corner of the site (at the terminus of Sky Terrace) to provide the required turning radius for Post Office delivery vehicles prior to occupancy of the first unit constructed on the site. The street surface of Sky Terrace shall be resurfaced in areas disturbed by the installation of drainage improvements. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District (EBMUD) in accordance with the requirements of the District. A water main extension shall be installed to serve the two subject parcels. The project sponsor shall contact EBMUD's New Business Office to initiate a water service estimate to determine conditions and cost of water service. o Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District as outlined in their April 30, 1992 letter. 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. (Mitigation Measure) Subject to the review and approval of impacted property owners, the existing off-site underground storm drain that extends from the subject site to 24 Sky Terrace (APN: 208-130-014) shall be PAGE 8 OF RESOLUTION NO. 92-29 o 10. 11. 12. extended subsurface approximately 300-400 feet to the nearest natural watercourse (located at the northwest corner of APN: 208-110-003). A hydraulic study detailing the improved storm drain system shall include a design to accommodate historic stormwater flows from the subject site and all stormwater flows currently draining into the existing surface drainage system located within the Sky Terrace roadway. The drainage study shall also include a recommendation to modify the existing drain inlet located at 24 Sky Terrace to operate more efficiently. The drainage system shall be designed by a registered Civil Engineer and constructed or bonded prior to recordation of the Final Map subject to the review and approval of the City Engineer. 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. PAGE 9 OF RESOLUTION NO. 92-29 * 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. 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 Depa~isiient 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 Depactnient'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 PAGE 10 OF RESOLUTION NO. 92-29 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 demonstrate that both Parcels A & B are a minimum of 65,000 square feet (net) prior to filing the Final Map. APPROVED by the Danville Planning Commission at a Regular Meeting on July 28, 1992 by the following vote: AYES: NoEs: - ABSTAINED: - ABSENT: Arnerich Hunt, Murphy, Osborn, Vilhauer, Wright, Hughes Chairman APPROVED AS TO FORM: (~ity Attorney Chief of P~~ pdpz26 PAGE 11 OF RESOLUTION NO. 92-29