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HomeMy WebLinkAbout92-30EY~IIBIT A RESOLUTION NO. 92-30 A RESOLUTION OF THE PIANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING VESTING TENTATIVE MINOR SUBDMSION MAP MS 859-91 & VARIANCE 92-21 (KLONOWSKI) WHEREAS, Carol Klonowski has requested approval of a three lot Vesting Tentative Map for a 8.16+ acre site; and WHEREAS, the subject site is located at 898 E1 Pintado Road and is identified as Assessor's Parcel Number 197-100-033 & 034; and WHEREAS, a variance is required to allow the existing home located on Parcel B to be located 25 feet from the front property line where the R-100; Single Family Residential District requires a front yard setback of 30 feet; 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 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 project is consistent with the Danville 2005 General Plan. PAGE 1 OF RESOLUTION NO. 92-30 The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 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. BE IT FURTHER RESOLVED, that the Planning Commission approves the Variance to allow a 25 foot front yard setback for the existing single family residence located on Parcel B (where a 30 foot setback requirement is normally required in the R-100 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-100 District in which the subject property is located. 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 located in the same zoning district: The existing residence will be located adjacent to a scenic easement located on the adjacent Parcel C. This variance is in substantial conformance with the intent and purpose of the R- 100 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. A. .GENERAL 1. This approval is for a three lot minor subdivision of a 8.16+ acre site identified as APN: 197-100-033 & 0341 Development shall be substantially PAGE 2 OF RESOLUTION NO. 92-30 as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map (MS 859-91) consisting of one sheet labeled "qesting Tentative Map, MS 859-91", prepared by DeBolt Civil Engineering, dated received by the Planning Division on June 23, 1992. o o b. Staff Study dated July 23, 1992 (Exhibit C) 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 letters of October 22, 1990 and September 24, 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 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 PAGE 3 OF RESOLUTION NO. 92-30 Bo 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. o 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. 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 DepactJnent. 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. 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 PAGE 4 OF RESOLUTION NO. 92-30 street and the front of a building. The developer shall establish a scenic easement over the subject site as shown on the staff Study (Exhibit C) referenced in Condition A. 1. Development rights for areas within the Scenic Easement shall be dedicated to the Town of Danville. C. LANDSCAPING The developer shall post a tree protection deposit as specified by Section 8- 5608 of Ordinance No. 138 (Tree Preservation) prior to issuance of grading and building permits for Parcels A & C. A landscape plan shall be submitted with Development Plan applications for Parcels A & C and are subject to review and approval of the Planning Division prior to issuance of building permits for Parcels A & C. The landscape plan shall address all graded areas and shall be implemented prior to issuance of a certificate of occupancy for any structure on Parcels A&C. 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 developer shall submit an arborist report for any existing trees impacted by grading or development concurrent with Development Plan applications for Parcels A & C. ARCHITECTURE o 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. 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. Any future structures (or modifications to any existing residences) on Parcels A, B, & C are subject to the Development Plan review process as required by Ordinance No. 29-84 (Scenic Hillside and Major Ridgeline PAGE 5 OF RESOLUTION NO. 92-30 Eo Development) prior to issuance of building or grading permits. This review shall include review and approval of the driveway for Parcel C. Development Plans for residences located on Parcel A and C are subject to the review and approval of the Design Review Board. GRADING 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. Fo ° 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. ° Prior to development of Parcel A, a complete geotechnical investigation report should be submitted for review by the Engineering Division. The report shall address previous grading activity, and give recommendations for foundation design on the parcel. o 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. 0 All grading plans for the access road and building sites are subject to the review and approval by the Design Review Board . As determined by Planning staff, an arborist report shall be required to address the impact of grading on existing trees on the site. STREETS 1. The developer shall obtain an encroachment permit from the Engineering PAGE 6 OF RESOLUTION NO. 92-30 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. 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. o 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. This subdivision shall enter into a Deferred Improvement Agreement for pavement, curb and gutter along Parcel C's E1 Pintado frontage. The applicant shall dedicate ten feet along Parcel C's frontage on E1 Pintado Road for right-of-way purposes. The applicant shall install and maintain a driveway culVert pipe in the existing drainage ditch adjacent to El Pintado Road subject to the review and approval of the City Engineer. G. INFRASTRUCTURE * 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. PAGE 7 OF RESOLUTION NO. 92-30 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. o 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. o 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. 0 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 utilities required to serve the development shall be installed underground. PAGE 8 OF RESOLUTION NO. 92-30 * 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: 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 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 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. 92-30 o 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 existing residence and garage located on Parcel A shall be brought up to code or demolished prior to filing of the Final Map. All demolition and/or other construction activity shall require building permits. o If the owner intends to bring the building on Parcel A up to code, a variance shall be required to legalize the setback. A decision on a variance request shall be rendered by the Planning Division prior to final building permit approval or recordation of the Parcel 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, HUghes, Wright APPROVED AS TO FORM: pdpz27 PAGE 10 OF RESOLUTION NO. 92-30