Loading...
HomeMy WebLinkAbout92-34 EXHIBIT A RESOLUTION NO. 92-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING A MINOR SUBDIVISION REQUEST MS 856-92 TO SUBDIVIDE A 5.14 +/- ACRE SITE INTO TWO SINGLE FAMILY PARCELS (APN: 200-090-007 - GENTILE) WHEREAS, Nick Gentile has requested approval of a 2 parcel Minor Subdivision on an approximately 5.14 acre site; and WHERE~S, the subject site is located at 786 Danville Blvd., and is identified as Assessor's Parcel Number 200-090-007; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative map prior to recordation of a final parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 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 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 Minor Subdivision Request MS 856-92 per the conditions 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. 2. The design of the proposed subdivision is in substantial conformance with the PAGE 1 OF RESOLUTION NO. 92-34 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 new parcel. The density of the subdivision is physically suitable for the proposed density of development. o 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. The design of the proposed subdivision and proposed improvements will not conflict with easements, 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 otherwise specified, the following Conditions shall be complied with prior to approval of a Final Map 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 two parcel Minor Subdivision identified as MS 856-92 -- Gentile, as shown on the revised plan labeled '"Vesting Tentative Map MS 856-92", as prepared by DeBolt Civil Engineering, dated received by the Planning Division on June 19, 1992. * 2. 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. * 3. Prior to the issuance of grading or building permits, the developer shall PAGE 2 OF RESOLUTION NO. 92-34 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 24, 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. 0 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 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. 0 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 consist of persons with authority to initiate corrective action in their area of PAGE 3 OF RESOLUTION NO. 92-34 responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. 0 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. 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. ° Development on the new parcel created by this subdivision shall be in compliance with the provisions of the R-20; Single Family Residential District. A "Greenway Easemenf' shall be established over this property within the banks of San Ramon Creek. Language of the easement shall allow the Town, or agents of the Town, access to the creek for activities related to planned future creek restoration. As a condition of the easement, the Town will agree to hold the property owner harmless of any liability associated with public use of the creek. This easement will in no way release the property owner from the responsibility of maintenance of the creek for flood control purposes. The final wording describing the "Greenway Easemenf' shall be approved by the City Attorney prior to recordation of the Final Map. o Concurrently with the recordation of the Final Map, a deed restriction shall be recorded to run with the title to the two parcels created by this subdivision acknowledging the existence of the structural setbacks on the PAGE 4 OF RESOLUTION NO. 92-34 C0 D° Fo property and acknowledging the establishment of the "Greenway Easement" over the San Ramon Creek area. LANDSCAPING 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. ARCHITECTURE 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. o 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. GRADING Any grading on adjacent properties will 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 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 the building. The engineering recommendations outlined in the project specific 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 PAGE 5 OF RESOLUTION NO. 92-34 G0 Ho the 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 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. All improvements within the public right-of-way, including, 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. o The developer shall enter into a deferred improvement agreement with the Town for Danville Blvd. frontage improvements. The deferred improvements will include street paving, curb and gutter, and a drive approach. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o 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. 3. Drainage facilities and easements shall be provided to the satisfaction of the PAGE 6 OF RESOLUTION NO. 92-34 0 0 o 0 0 10. 11. 12. 13. 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 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. 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. All public improvement plans shall be prepared by a licensed civil engineer. 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: PAGE 7 OF RESOLUTION NO. 92-34 ne 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, 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 Deparmaent 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. 16. Prior to recordation of a final map for the project, the developer shall document that the requirements of the Department of Fish & Game have been met relative to the debris located within San Ramon Valley Creek. 17. Because of the new debris located within San Ramon creek, prior to recordation of a final map for the project, the developer shall complete a hydrologic study of the creek to assure that the creek still has capacity to convey the 100 year flood. If the creek is found to not have the required capacity, the developer will be required to complete the necessary work (removal of additional debris) to restore creek capacity. 18. Prior to the recordation of the map, the developer shall destroy any on-site wells or septic tanks in accordance with Contra Costa County Health PAGE 8 OF RESOLUTION NO. 92-34 Services Department - Environmental Health Division - requirements. MISCELLANEOUS * 2. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on August 25, 1992, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Chairman APPROVED AS TO FORM: pdcz39 PAGE 9 OF RESOLUTION NO. 92-34