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