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HomeMy WebLinkAbout93-17 EXHIBIT A RESOLUTION NO. 93-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 855-91 AND FINDING THAT THE PROPOSED VACATION OF PUBLIC PROPERTY COMPLIES WITH THE GENERAL PLAN AS REQUIRED BY SECTION 65402 OF THE GOVERNMENT CODE (APN: 216-110-002) WHERF~S, the Town of Danville has requested approval of a four parcel Minor Subdivision request on a 10.25 acre site; and WHEREAS, the subject site is located on the northeast corner of Front Street and Hartz Way and is identified as Assessor's Parcel Number 216-110-002; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision application prior to the recordation of a Parcel Map; and WHEREAS, the Minor Subdivision will allow the transfer of property consistent with the Owner Participation Agreement and Real Property Sales Agreement related to the development of the site, previously approved by the Town's Community Development Agency; and WHERF~S, Government Code Title 7, Division 1, Chapter 3, Article 7, Subsection 65402 requires that where a General Plan has been adopted, the Planning Agency has the responsibility as to determination of General Plan conformity prior to the abandonment of any public street; and WHERF~S, The Town of Danville has an approved and adopted General Plan; and WHEREAS, The Town of Danville, acting through the Community Development Agency, has executed an agreement calling for the abandonment of Hartz Court northerly of Hartz Avenue as a portent to development of property which will enhance the objectives and goals of the Town General Plan; and WHEREAS, the abandonment of the street will terminate the publics right to utilize the right-of-way for street purposes, but will not terminate any and all authorities to utilize the right-of-way for existing overhead and underground utilities; and PAGE 1 OF RESOLUTION NO. 93-17 WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 13, 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 WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFOR, BE IT RESOLVED, that the Planning Commission of the Town of Danville does hereby find that the abandonment of Hartz Court northerly of Hartz Avenue is in conformity with the adopted General Plan of the Town oi/ Danville; and be it FURTHER RESOLVED that the Planning Commission of the Town of Danville approves of the Minor Subdivision request MS 855-91 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. 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 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 propoged gubdivigion. PAGE 2 OF RESOLUTION NO. 93-17 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. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior recordation of the Parcel 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 parcel minor Subdivision identified as MS 855- 91. Development shall be substantially as shown on the Tentative Parcel Map labeled "MS 855-91" as prepared by Brian, Kangas, Foulk , dated received by the Planning Division on March 17, 1993, except as may be modified herein. 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. 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. PAGE 3 OF RESOLUTION NO. 93-17 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, 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 responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 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. PAGE 4 OF RESOLUTION NO. 93-17 ~, C. GRADING D. 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. 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 the site from settlement and seismic activity. 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. 3. 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 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 faciliw, or ag appvoved by the City. PAGE 5 OF RESOLUTION NO. 93-17 o 10. 11. 12. 13. 14. 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: ao Removing 1 cubic yard of channel excavation material, fi'om 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, PAGE 6 OF RESOLUTION NO. 93-17 E0 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 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. 16. The future developer of Parcel B shall be obligated to provide an appropriate vehicular access easement for flood control purposes from Hartz Avenue to Parcel C. The exact location and physical dimensions shall be determined upon future subdivision or development of Parcel B. 17. Upon future subdivision or development of Parcel B, existing utility facilities and easements within Hartz Court shall be either relocated or abandoned, as appropriate. 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 Tom's authority PAGE 7 OF RESOLUTION NO. 93-17 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 April 13, 1993 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer Arnerich APPROVED AS TO FORM: ~'t~ Attorney pdcz45 Chief of PI~ PAGE 8 OF RESOLUTION NO. 93-17