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HomeMy WebLinkAbout94-24 EXHIBIT A RESOLUTION NO. 94-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A TWO PARCEL MINOR SUBDIVISION REQUEST MS 855-94 -- DAVIDON HOMES (APN: 202-391-001, 002) WHEREAS, Davidon Homes has requested approval of a Minor Subdivision MS 855-94 to subdivide two existing parcels to create two additional parcels, resulting in four total parcels on a .71 acre site; and WHEREAS, the subject site is located at the terminus of Merano Street, at 169 and 171 Merano Street and is identified as Assessor's Parcel Numbers 202-391-001, 002; and XVI-IERF~S, the Town of l)anville Subdivision Ordinance requires approval of a Tentative Parcel Map prior to recordation of the new parcels; and VdltEREAS, the Planning Commission did review the project at a noticed public hearing on August 23, 1993; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERF~S, 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 of the Minor Subdivision request MS 855-94 per the conditions contained herein, and makes the following findings in support of the Minor Subdivision request: 1. The proposed project is consistent with thc Danville 2(i)05 General Plan. The proposed Minor Subdivision is consistent with the P-l; Planned Unit Development District in which the property is located. PAGE 1 OF RESOLUTION NO. 94-24 I! o 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. The design of thc 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 Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the fi)ilowing conditions shall be complied with prior to Town Council approval of the final 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 two parcel Minor Subdivision identified as MS 855- 94 and located at 169 and 171 Merano St. (APN: 202-391-001, 002). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Tentative Map labeled "Tentative Map - Hidden Valley - Minor Subdivision No. 855-94", as prepared by Carlson, Barbee & Gibson, Inc., dated received by the Planning Division on August 11, 1994. The applicant shall pay any and all Town and other related fees that the property may bc subject to. These fees shall be based on the current fee PAGE 2 OF RESOLUTION NO. 94-24 0 o 0 schedule in effect at the time the relevant permits are secured, and shall be paid pri()r to issuance of said permit and prior to any Town Council final approwfi action. Notice should be taken specifically of the Town's Assessment District Reapportionment, Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection fees. The two new lots are required to pay their fair share of off-site traffic mitigation improvements, equivalent to the assessment of the lots within the Northeast Roadway Improvement Assessment District (NEAIAD). The original assessment was $12,504,97 per residential unit° The method of determining the contribution will be determined by the City Engineer and payment shall be assured or collected prior to recordation of the subdivision map. The payment of fees associated with reapportionment may also apply. Prior t() thc issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SI*,VFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated July 13, 1994. The applicant shall submit to the Town of Danville fees required to file a Notice of Exemption for this project as required by AB 3185. The fee shall be $25.00. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, 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. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. Construction activity shall bc restricted to the period between the PAGE 3 OF RESOLUTION NO. 94-24 10o 11. 12. weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal comhustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall bc discontinued during high wind periods. 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 t() occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. A temporary vehicular turnaround shall be provided at the end of the completed section of loop roadway to allow separation of resident traffic and construction traffic. Parcels created by this subdivision shall be subject to all conditions of approval established under PUD 85-4 and the recently approved revised Final Development Plan DP 93-9. PAGE 4 OF RESOLUTION NO. 94-24 ~ B. SITE PLANNING Do All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of:way. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. Pad elewttions shall be lowered to reduce the slope of the driveways. Final pad elevations and driveway slopes shall be subject to review and approval by the Planning Division prior to issuance of Building Permits. LANDSCAP 1N G In compliance with the Town's landscape guidelines, proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 pcrccnt ()f proposed common landscaped areas. A minimum of t~vo street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. The developer shall install low maintenance shrubs or groundcover in the area between Parcel D and the hammerhead turnaround. This area is within thc existing Parcel M which is maintained by the Homeowner's Association. A landscape plan for this area shall be submitted for review and approval by the Town as part of the improvement plans for this subdivision. Landscaping shall be installed prior to occupancy of any units on lots created by this subdivision. ARCHITECTU RE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened fl'()m view with landscaping or materials architecturally compatible with the main structures. PAGE 5 OF RESOLUTION NO. 94-24 mo o The street numbers for each structure in the project shall be posted so as to be easily seen from the street itt all times, day and night. Architecture for these lots shall be as approved under DP 93-9 for the "Classic Collection". Unit mix and setbacks shall be as specified by the Conditions of Approval for DI' 93-9 and PUD 85-4. GRM)ING Any grading t)n adjacent properties will require prior written approval of those property owners affected. 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, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact 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 slnall 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. Development shall be completed in compliance with a detailed soils report and thc construction grading plans prepared for this project. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 0 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 City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of thc site from settlement and seismic activity. 5. All development shall take place in compliance with the Town Erosion PAGE 6 OF RESOLUTION NO. 94-24 ! Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. All new development shall be consistent with modern seismic design for resistance to lateral forces. All new development shall be in accordance with thc IJniform Building Code and Town of Danville Ordinances. o All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all constructi()n activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment c)f the materials. All grading activity shall address National Pollutant Discharge Elimination System (Nlq)ES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall he addressed. A NPDES construction permit may be required, as determined by the City Engineer. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 0 Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. PAGE 7 OF RESOLUTION NO. 94-24 All mud or dirt carried off the construction site onto adjacent streets shall be swept ()r water-flushed each day. 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 applicant. 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 thc standard plans and specifications of the Development Services Department and Chapters Xll and XXX] of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. A private road maintenance agreement providing for the equitable private maintenance of tine private road serving these four lots shall be submitted for approval ()f thc City Attorney prior to Town Council approval of the Final Map. INFRASTRUCT/J RE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMtJI)) water system in accordance with the requirements of EBMUD. EBMIJI)'s initial comments on this project are summarized within their memorandum dated July '12, 1994. All wastewatc~' shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCS1)) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated July 25, 1994. Drainage facilities and easements shall be provided to the satisfaction of the (~ity I!nginccr and/or the Chief Engineer of the Contra Costa County Flood C()ntrol & Water Conservation District (CCCFC & WCD). PAGE 8 OF RESOLUTION NO. 94-24 0 All runoff fi'om impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by thc City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive hanks that could be impacted by additional storm water flow. Roof drainage fi'om structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewal ks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. o If a storm drain must cross a It)t, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights ()f entry, permits and/or easements for the construction of off:site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and C. able TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall bc located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLAN E()I J S * 1. The pr()jcct shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require l'lanning Commission approval through the Development Plan review process. * 2. Conditions of this approval may require the applicant to install public PAGE 9 OF RESOLUTION NO. 94-24 impr()vcmcnts on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. The applicant shall he responsible for acquisition of said easement rights through private negotiations. If thc applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent d()main powct's in accordance with Town Resolution No. 78-85. All easement ~'ights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne hy tine applicant. Pursuant to Government Code section 66474.9, the applicant (including the applicant or' any agent therco/) shall defend, indemnify, and hold harmless thc 'l'own of l)anville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officc~'s, o~' cmplt)yccs to attack, set aside, w~)id, or annul, the Town's appl'oval c~)ncc~'ning this Minor Subdivision application, which action is brought within the time period provided Ibr in Section 66499.37~ The Town will promptly notify the applicant of any such claim, action, or proceeding ancl cooperate fully in the defense. APPROVED by the Danville l'lanning Commission at a Regular Meeting on August 23, 1993, by the following vote: AYES: Arnerich, Bowlby, Hunt, Osborn, Vilhauer NOES: Jameson, Murphy ABSTAINED: - ABSENT: - Chairn~n - APPROVED AS TO F()RM: t~Attorney pdcz66 Chief ~anning PAGE 10 OF RESOLUTION NO. 94-24