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HomeMy WebLinkAbout93-38 EXHIBIT A RESOLUTION NO. 93-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE GENERAL PLAN AMENDMENT GPA 93-2, REZONING RZ 93-2, PRELIMINARY DEVELOPMENT PLAN - REZONING PUD 93-1 AND MINOR SUBDIVISION MS 852-93 ALLOWING THE CREATION OF TWO RESIDENTIAL PARCELS (APN: 202-171-018 - FREEMAN) WHEREAS, Eugene and Joan Freeman have requested approval of a General Plan Amendment, Rezoning, and Minor Subdivision application to amend the Town's General Plan Land Use Map for a portion of the site from General Open Space to Residential - Single Family - Low Density (1-3 units/acre), to rezone a portion of the property from P-l; Planned Unit Development District to R-15; Single Family Residential District and to rezone the remaining portion of the property from P-l; Planned Unit Development District to a new P-l; Planned unit Development District, and to subdivide the parcel into two single family parcels on a 7+/- acre site; and WHEREAS, the subject site is located at the terminus of Gwen Ct, and is identified as Assessor's Parcel Number 202-171-018; and WHEREAS, the Town of Danville Municipal Code includes provision which allow for amendments to the Town of Danville 2005 General Plan upon the demonstration of sUfficient cause; and WHEREAS, the Town of Danville Municipal Code includes provisions which allow for the rezoning of properties to be consistent with the General Plan for the area; and WHEREAS, the Town of Danville Subdivision Ordinance requires the approval of a tentative map prior to the recordation of a final map; and VdttEREAS, the Planning Commission did review the project at a noticed public hearing on October 12, 1993; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 1 OF RESOLUTION NO. 93-38 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 Mitigated Negative Declaration of Environmental Significance and approval of the General Plan Amendment (GPA 93-2), Rezoning (RZ 93~2), Preliminary Development Plan Rezoning (PUD 93-1) and Minor Subdivision (MS 852-93) request per the conditions contained herein, and makes the following findings in support of the General Plan Amendment request: The General Plan Amendment is consistent with the Goals and Policies of the General Plan. The General Plan Amendment will not adversely effect the preservation of present aesthetics and other community qualities. The General Plan Amendment will not adversely effect the Town's ability to maintain high-quality public facilities and services. The General Plan Amendment will not adversely effect the quality of life within existing developed areas of the communitv. The General Plan Amendment will not adversely effect the harmony between Danville's development and it's physical setting. The General Plan Amendment will allow for the reasonable development of an existing vacant open space property which has proven to a be a problem property for both the property owners and the neighborhood. The General Plan amendment will allow a minimum level of residential development, consistent with the existing neighborhood, which will make possible the correction and resolution of existing drainage, geotechnical, and maintenance problems on the site. With the correction of these problems, Parcel C of this subdivision will remain as permanent open space. be it further PAGE 2 OF RESOLUTION NO. 93-38 RESOLVED, that the Town of [)anville Planning Commission makes the following findings in support of the Rezoning and Preliminary Development Plan - Rezoning requests: The proposed Rezoning will comply with the General Plan which is amended concurrently. o The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. be it further RESOLVED, that 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. o 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 two 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. o 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. ° 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 3 OF RESOLUTION NO. 93-38 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 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 852-93. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary and Final Development Plan & Vesting Tentative Map labeled "Falcon Park", as prepared by P/A Design Resources, Inc., dated received by the Planning Division on October 1, 1993. Alternate pad location B shall be utilized for development on Parcel B. bo Conceptual architectural elevations, profiles, and x-sections labeled "Conceptual Architecture", as prepared by Collins Management Corporation, dated received by the Planning Division on July 14. 1993. ° 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 and Water Conservation 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 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 $2~.0¢). PAGE 4 OF RESOLUTION NO. 93-38 o 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 7:30 a.m. to 5:30 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 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. At least two weeks prior to commencement of grading, the applicant shall post notice on the site and mail notification 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. In addition to this notification, the uphill property owners shall be supplied copies of pertinent soils reports and copies of project grading plans. 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 PAGE 5 OF RESOLUTION NO. 93-38 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. The parcels created by this subdivision shall be deed restricted from future subdivision. This restriction shall be noted on the Parcel Map for the project. 10. The applicant shall prepare a maintenance agreement for Parcels A and B which establishes a fund that is adequate to provide for the ongoing maintenance of the diverter walls. The developer shall establish the fund at 125 percent of the estimated cleanout cost for one debris flow event. The maintenance agreement shall provide for the ongoing maintenance of the fund (at 125 percent of the estimated cleanout cost for one debris flow event) by subsequent property owners. The maintenance agreement. including the specific mechanism for establishing and maintaining the required maintenance fund, shall be submitted for review and approval by the Town prior to recordation of the parcel map. 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 profiles and cross-sections referenced in Condition A1 above are conceptual only and are not specifically approved. Future development of Parcel A and Parcel B shall be subject to review and approval by the Town and the Town's Design Review Board under a Major Ridgeline/Scenic Hillside Development Plan application(s). Plan submittal shall also address project fencing. Simultaneously with the recordation of the parcel map for the project, the area identified as "Parcel C" on the tentative map shall be combined with the adjacent parcel to the north, identified as APN: 202-230-002, owned by Robert and Mae Fevvevo. If thig portion of the subject property is not PAGE 6 OF RESOLUTION NO. 93-38 D. combined with APN: 202-230-0()2, than it shall be combined with Parcel A and/or Parcel B of this subdivision. "Parcel C" shall remain as permanent open space. Development rights for this area shall be dedicated to the Town of Danville prior to its being combined with the adjoining property to the north (APN 202-230-()02). No development activity shall be allowed on this portion of the subject property. If this area is not combined with the property to the north, than dedication of development rights to the Town of Danville shall be accomplished by recordation of the Parcel Map. Language dedicating the development rights for this area shall be developed and recorded as a deed restriction to run with the title to the property. Language of the deed restriction shall be subject to review and approval by the City Attorney. The pad location for Parcel A shall be substantially as shown as Alternative B on the aforementioned plans. The maximum pad elevation shall be 520 feet. The maximum pad elevation for Parcel B shall be 500 feet. Development rights, for the areas of Parcels A and B which are upslope and behind the future dwelling units on these two parcels, shall be dedicated to the Town of Danville. No development, including grading, the construction of accessory structures or placement of antennas, will be allowed in these areas. For Parcel A this shall be the area above the approximate 520 foot elevation contour. For Parcel B this shall be the area above the approximate 500 foot contour. The exact locations shall be determined by the Town's Design Review Board during the Scenic Hillside Development Plan review for the development of these parcels. Prior to the issuance of building permits for either parcel, language disclosing the dedication of development rights shall be recorded to run with the deeds to these properties. This language shall be subject to review and approval by the Town prior to its recordation. 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 PAGE 7 OF RESOLUTION NO. 93-38 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. Development of Parcels A and B shall be subject to the provisions of the Town's Major Ridgeline Scenic Hillside Ordinance (Ord 29-84) and Hillside Design Guidelines. The parcels shall utilize native vegetation for landscaping for that portion of the properties not in direct proximity to the building pad and shall utilize open wire fencing above the rear portion of the development pads. Architectural style of the homes constructed and site development criteria utilized shall be consistent with the existing single family development on Gwen Ct. with a design goal to have these new units become an integral part of the existing neighborhood. All development shall be subject to review and approval by the Town's Design Review Board under a Scenic Hillside Development Plan application. 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. 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. Development shall take place in substantial compliance with the recommendations within the geotechnical investigation for the site, prepared by Rogers/Pacific. Inc. dated September 7, 1993, and the aforementioned PAGE 8 OF RESOLUTION NO. 93-38 site plan which shows usi~ of, and provides direction for the location of diverter walls. Prior to the issuance of a grading permit for the project, a detailed soils and foundation report shall be prepared for each proposed residence which shall be subject to review and approval by a qualified "third party" soils engineer selected by the Town of Danville. Costs incurred to accommodate this review shall be borne by the project proponents. Any recommended modifications to the recommended geotechnical mitigation measures resulting from this subsequent review shall be incorporated into the project, as determined appropriate by the City Engineer. As specified in the geotechnical report, the maximum height of the diverter walls shall be three feet. The details of the walls' design, location, construction materials and means of access for maintenance purposes shall be subject to Town of Danville review and approval in conjunction with the submittal of project grading plans. Surface debris flow shall be contained on-site and not allowed to enter into the public right-of-way. Slide debris shall be contained on-site and not allowed to enter into the public right-of-way. 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. 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. PAGE 9 OF RESOLUTION NO. 93-38 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. 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. 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 & Water Conservation District. Ail 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. Ail site drainage shall be directed to an approved underground drainage facility unless otherwise authorized by the City Engineer. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. o 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. 10, The developer shall comply with all relevant requirements of the Contra Costa County Flood Control & Water Conservation District and the PAGE 10 OF RESOLUTION NO. 93-38 Department of Fish and Game. 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 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. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. The developer shall include the cable television service provider in pre- construction meetings to coordinate underground facility locations. 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: no Removing I 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. PAGE 11 OF RESOLUTION NO. 93-38 16. The land owner of the area identified as "Parcel C" on the tentative map shall be responsible for the on-going maintenance and repair of the existing drainage ditch located just below the 500' contour line on the east side of Gwen Ct. and for annual weed abatement. This obligation shall be recorded to run with the deed for this property. Language utilized shall be subject to review and approval by the City Engineer and the City Attorney prior to recordation. H. MISCELLAiYEOUS * 1. 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. The applicant shall develop language that discloses and describes to future owners of Parcels A and B the ongoing maintenance responsibilities associated with the proposed diverter wails. This language shall be submitted fi~r review and approval by the City Engineer and City Attorney prior to recordation of a parcel map for the project. This language shall be recorded to run with the deeds to these properties. The applicant shall develop a maintenance agreement providing for the joint maintenance of the proposed driveway on Parcel A by the owners of Parcels A and B. The maintenance agreement shall be submitted for review and approval by the Town prior to the recordation of the parcel map. Al'PROVED by the Danville Planning Commission at a Regular Meeting on October 12. 1993 by the following w)te: AYES: NOES: ABSTAINED: ABSENT: Bowlby, Hunt, Jameson. Murphy, ¥ilhauer Arnerich, Osborn ~/~. Chairma? Chief of PAGE 12 OF RESOLUTION NO. 93-38