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HomeMy WebLinkAbout92-40 EXHIBIT A RESOLUTION NO. 92-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MS 858-92 AND DP 92-12 -- DANIELS WHERF~S, Thomas A. Daniels has requested approval of a Vesting Tentative Map for a four lot subdivision on a 13.8 acre site; and WHEREAS, the subject site is located at 40 Sherburne Hills Road and :is identified as Assessor's Parcel Number 217-010-018; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan; and WHEREAS, the Town of Danville Subdivision Ordinance provides regulations governing Vesting Tentative Maps; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 26, 1993; 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 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 Minor Subdivision MS 858-92 and dp 92-12 per the conditions contained herein, and makes the following findings in suppo~ of the project: Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. PAGE 1 RESOLUTION NO. 92-40 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 four new parcels. 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 near 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. FINAL DEVELOPMENT PLAN 1. The proposed project is consistent with the Danville 2005 General Plan. The applicant intends on starting construction of the project within 2 1/2 years from the Development Plan approval. The project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood. The development of a harmonious integrated plan justifies exceptions from the normal application of this code. 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. PAGE 2 RESOLUTION NO. 92-40 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior 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 four lot Minor Subdivision identified as the Daniels property. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Vesting Tentative Map MS 858-92 -- Daniels Property, prepared by DK Associates, dated received by the Planning Division on November 6, 1992. bo Geotechnical Study prepared by HenryJustiniano & Associates, dated received by the Planning Division on August 5, 1992. Co Third Party Geotechnical Review by Engeo Incorporated - Letters dated November 23, 1992 and January 12, 1993. Henry Justiniano & Associates response letter dated January 11, 1993. o 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 Sycamore Valley Benefit District Fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. o 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 August 31, 1992. PAGE 3 RESOLUTION NO. 92-40 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 Minim]as (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 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 Cindy 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, tifle, 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. PAGE 4 RESOLUTION NO. 92-40 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. Prior to approval of the Final Map for this subdivision,t the owner of the property shall record a deed restriction for the subject site prohibiting any future subdivision of the property. 10. All lots located within the subject subdivision shall conform vfith the Town's adopted Scenic Hillside Guidelines. Minor Development Plains for each lot shall be reviewed and approved by the Design Review Board. The proposed grading on the plans cited in A. 1. above is not approved with this application. The grading plan for each lot shall be submitted with the project architectural plans and shall be subject to review and approval by the Design Review Board and Engineering staff. 11. The subject property shall conform with all Conditions of Approval of PUD 89-4, unless specifically modified by these Conditions of Approval. 12. Approval of this Vesting Tentative Map shall be dependant on the City Engineer's acceptance of the third party review of the soils and geoteChnical report and all recommendations therein. All recommendations of the third party review shall be incorporated into the project, as deemed appropriate by the City Engineer. 13. Land uses and minimal dimensional standards and requirements for the principal and accessory structures shall be consistent with t)he R-40; Single Family Residential standards. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. PAGE 5 RESOLUTIION NO. 92-40 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. PUD 89-4 Conditions of Approval require the project developer to pay a fair share portion of the following items prior to approval of a Final Map: 1) 2) 3) 4) 5) Road improvements for Sherburne Hills Road (specifically south of the bridge). Landscape improvements along Camino Tassajara, the, bridge and the creek. Construction of the traffic signal at Camino Tassajara and Sherburne Hills Road. Hydraulic study for improvements to Sycamore Creek Construction of the soundwall along Camino Tassajara The developer shall work with the property owners of PUD 89-4 to determine and document an appropriate fair share of the cost of all required improvements. An itemization of these costs shall he presented to the Town for approval and the fees paid prior to approval ,of a Final Map. An average 150 foot scenic easement shall be dedicated along the southeast boundary of parcels B and C where the site borders the East Bay Regional Park District Trail. The final alignment of the scenic easement shall be approved by the Chief of Planning and indicated on the Final map. Prior to approval of a Final Map, the developer shall destroy any abandoned on-site wells, underground irrigation pipes, and septic tanks in accordance with Environmental Health Division regulations. Appropriate permits and inspections for this work shall be obtained by the developer. Fire access to open space and fire trails shall be provided for in a manner acceptable to the Fire District and written documentation of such given to the Planning Division. All roadways and driveways shall not exceed 20% grade. Grooved concrete shall be provided for those areas between 15% - 20% grade. PAGE 6 RESOLUTION NO. 92-40 Land uses and minimal dimensional standards for principal and accessory structures shall be consistent with R-40; Single Family Residential District standards. Three car garages and driveway aprons shall be provided on all lots except parcel D where a two car garage may be developed. LANDSCAPING D. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division at the time of the Minor Development Plan for each home. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. The landscape plan shall provide screen trees to reduce the visibility of' the proposed structures and shall include a fence plan. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All trees shall be a minimum of 15 gallon container size: and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover for erosion control. 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. If grading should occur near the canopy of an existing tree, an arborist report shall be submitted for review and approval with the Minor Development Plan application for each home. ARCHITECTURE 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. Prior to the issuance of any building permits, samples of final colors and materials selected shall be submitted to the Design Review Board for review and approval. PAGE 7 RESOLUTION NO. 92-40 10. The applicant shall develop architectural guidelines for the project prior to approval of a Final Map. These guidelines shall be reviewed and approved by the DRB. The design of each home will be subject to these design guidelines and should also meet the Town's Scenic Hillside Design standards. Each lot should shall be subject to Minor Development Plan approval after review and approval by the DRB. A fencing plan shall be submitted with the architectural design guidelines for the project. The maximum height of each residence shall not exceed 28 feet. All units developed in this project shall be designed in accord with the following criteria: ao All four exterior elevations of each unit or building group shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim material around doors and windows shall be a minimum of 1-5/8" thickness. b0 Rollup garage doors shall be utiliZed and be operated by an automatic garage door opener. All window frames shall be of wood, bronze or other colored anodized aluminum. Mill finish aluminum window frames are not permitted. Minimum eave projections shall extend at least 18 inches from the exterior building walls. The minimum size facia shall be 8 inches. Whenever possible, additional relief shall be provided to create shadow lines or other architectural interest. All building designs shall incorporate gutters and downspouts. No roof mounted mechanical equipment of any kind shall be permitted. GRADING 1. Any grading on adjacent properties will require written approval of those property owners affected. PAGE 8 RESOLUTION NO. 92-40 0 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. Development shall be completed in compliance with a detai]led 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 geotechnical reports prepared for the project, a revised report shall be submitted for review and approval by the Town Engineer and Chief of Planning. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. No major contour changes on the property are permitted without approval of the Design Review Board. All recommendations contained the geotechnical report and third party review prepared for the project (cited in A. 1. above) shall be incorporated into the project. STREETS The developer shall obtain an encroachment permit from tihe Engineering Department prior to commencing any construction activi~ies 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 sl~all 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 peri.od, as is found necessary by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. PAGE 9 RESOLUTION NO. 92-40 0 o ° ° 10. 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 witlh 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. The bridge located over the creek was found to meet all engineering and Fire District requirements when PUD 89-4 was approved. The applicant shall confirm to Town Engineering staff prior to approval of a Final Map for the subdivision that the structural calculations for the bridge are still valid and meet Town engineering standards. If the bridge is found to be unsatisfactory, the applicant shall prepare, design and construct plans that meet Town requirements prior to issuance of a building permit for any lot in the subdivision. ,At the time of improvement plan check, the developer shall verify to the Town Engineering Division that the alignment of Sherburne Hills Road is entirely within the road right-of-way, from Camino Tassajara to the subject site. A road maintenance agreement for Sherburne Hills Road and the access road leading to the subject site shall be reviewed and approved by the Town Engineering Division prior to approval of a Final Map. Per the requirements of PUD 89-4, the road maintenance agreement shall include provisions of maintenance for the project sound wall along Camino Tassajara, signage and landscaping not included in the Town's Lighting and Landscape District. The developer shall secure all access easements from Sherburne Hills Road through subdivision SD 7646 (Providence Development) prior to application for a Final Map. PAGE 10 RESOLUTION NO. 92-40 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, specifically the road accessway leading from Sherburne Hills Road to the subject site prior to Subdivision Map approval. The Town will not grant its authority to utilize eminent domain for acquisition of private property. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 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 wia an approved drainage method to the nearest approved downstream facility. o 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. PAGE 11 RESOLUTION NO. 92-40 10. 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. 11. A drainage study for the site shall be prepared prior to application for a Final Map indicating the location and design of the outfall structure. This design shall be coordinated with the development of SD 76;46 and related Sycamore Creek improvements. 12. 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 anti provided within public utility easements, sited to meet utility company standards, or in public streets;. 13. All utilities required to serve the development shall be installed underground. 14. All public improvement plans shall be prepared by a licensed civil engineer. 15. 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 mm:erial 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, b0 Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new PAGE 12 RESOLUTION NO. 92-40 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. 16. 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. 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 commence, d prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. PAGE 13 RESOLUTION NO. 92-40 The developer of the subdivision shall be responsible for establishing the CC&R's and a Homeowners Association for PUD 89-4 - Lasata prior to approval of a Final Map if the subject site develops first. All pertinent Conditions of Approval shall be included therein and the documents shall be reviewed and approved by the City Attorney. APPROVED by the Danville Planning Commission at a Regular Meeting on April 13, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Hunt, Jameson, Murphy. Osborn, Vilhauer Arnerich Chief of Pla pcmz8 PAGE 14 RESOLUTION NO. 92-40