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HomeMy WebLinkAbout93-21 EXHIBIT A RESOLUTION NO. 93-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE THE REZONING (RZ 93-01) AND MINOR SUBDIVISION (MS 851-93) REQUEST (APN: 196-330-046 -- OSBORN) WHEREAS, Michael Osborn has requested approval of a Rezoning and Minor Subdivision request to rezone the property from R-20; Single Family Residential District to R-15; Single Family Residential District and to subdivide the property into two single family parcels on a .85 +/- acre site; and WHEREAS, the subject site is located at 153 Hill Road and is identified as Assessor's Parcel Number 196-330-046; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on June 8, 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, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Danville recommends the grant of a Negative Declaration of Environmental Significance, approval of the Rezoning (RZ 93-01) and Minor Subdivision (MS 851-93) requests per the conditions contained herein, and makes the following findings in support of the Rezoning request: 1. The proposed Rezoning will substantially comply with the General Plan. o The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. PAGE I OF RESOLUTION NO. 93-21 Now, therefore, be it further RESOLVED, that the Planning Commission of the Town of Danville makes the following findings in support of the Minor subdivision request: The proposed subdivision is in substantial conformance with the goals and policies of the 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 one new parcel. 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 proposed subdivision. 3~ 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 to the 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 1. This approval is for a Minor Subdivision request identified as MS 851-93 -- PAGE 2 OF RESOLUTION NO. 93-21 Osborn. Development shall be substantially as shown on the project drawings labeled Westing Tentative Map 153 Hill Road", as prepared by [)avid Hop Civil Engineer, dated received by the Planning Division on March 25, 1993, and the project drawing labeled "Staff Study - MS 851-93", attached as Exhibit E, as prepared by Town of Danville staff. 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 Park Dedication Fee, Traffic Signal Mitigation 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 letter of March 31, 1993. 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. 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. PAGE 3 OF RESOLUTION NO. 93-21 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, 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 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. 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. The developer shall construct a pedestrian trail within a Public Access Easement through this subdivision. The location of the proposed 8' paved creek trail shall be modified to maintain a minimum five foot setback from the existing top of bank or catch line, which ever is greater. The trail shall be completed as part of the improvement plans for this subdivision. PAGE 4 OF RESOLUTION NO. 93-21 D. The aggregate base for the creek trail should extend two (2) feet past the edge of paving on each side of the trail to create a stable shoulder. The cross slope of the shoulder should not exceed 2%. A portion of the structural setback line, within Parcel B, shall be moved to maintain a minimum of 30' setback from the top of the bank of Green Valley Creek. The common lot line between Parcel A and B shall be modified to be as shown on the aforementioned plan labeled "Staff Study - MS 851-93". Alternatively, prior to the recordation of the parcel map the applicant may modify the proposed new property line as desired. However, the map configuration shall be substantially as shown on the proposed tentative map and the above mentioned staff study and shall be in compliance with all requirements of the R-15; Single Family Residential District zoning standards (including a 10 foot minimum sideyard setback for the existing residence and an average 100 foot lot width for both new parcels). Final configuration shall be subject to review and approval by the Planning Division. All future development on the site shall maintain structural setbacks from the edge of the trail easement consistent with structural setback requirements for the R-15; Single Family Residential District Zoning Ordinance. 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. 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. PAGE 5 OF RESOLUTION NO. 93-21 E. GREEN VALLEY CREEK Fo Go 1. Green Valley Creek through this site shall remain in its current natural state. o The creek channel within this subdivision, including setbacks as required, shall be privately maintained by the owner of the properties within this subdivision. Development rights, for the portion of the site within the structural setback area, shall be dedicated to the Town of Danville. GRADING 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. 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. ° 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. PAGE 6 OF RESOLUTION NO. 93-21 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. This development shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 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 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. The developer shall be responsible for the improvement of Hill Road using public street standards, but privately maintained, as follows: From Diablo Road to the southern end of the Hill Road Bridge, a minimum 20' of paving shall be installed. Along the Hill Road frontage of this subdivision, the developer shall install concrete curb, gutter and a 4.5' sidewalk on the east side of Hill Road. The property owner shall enter into a deferred improvement agreement with the Town of Danville to guarantee participation in a portion of the costs associated with improvement of the Hill Road bridge over Green Valley Creek. The amount of the guarantee will be in proportion to the number of residential units committed to participation in the improvement. The City Engineer shall determine the exact amount at the time of the recordation of this subdivision (currently estimated at 5.26% of the bridge). PAGE 7 OF RESOLUTION NO. 93-21 10. 11. The owner shall provide documentation that a private road maintenance agreement has been established for the maintenance of Hill Road, including the bridge. This development shall take part in the area's long term circulation plan, which has been established through previous entitlements in the area. The ultimate plan calls for all access to come from the north, from Matadera Way or Blemer Road, when a connection is secured from Hill Road to one (or both) of these roads. At that time, Hill Road at Diablo Raod will be blocked. 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 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. PAGE 8 OF RESOLUTION NO. 93-21 10. 11. 12. 13. 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. 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: a0 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 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 PAGE 9 OF RESOLUTION NO. 93-21 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. I. 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 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 June 8, 1993 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Hunt, Vilhauer, Arnerich Jameson, Murphy, Osborn APPROVED AS TO FORM: pdcz47 Chief of p(ann.~ntrig PAGE 10 OF RESOLUTION NO. 93-21