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HomeMy WebLinkAbout95-05EXHIBIT A RESOLUTION NO. 95-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING A MINOR SUBDIVISION REQUEST MS 852-94 TO SUBDIVIDE A 2.56+/- ACRE SITE INTO THREE SINGLE FAMILY PARCELS (APN: 200-090-009 & 022) WHEREAS, Jim Johnson has requested approval of a request to subdivide a 2.56+/- acre site into three parcels; and WHEREAS, the subject site is located at 786 and 800 Danville Boulevard, and is identified as Assessor's Parcel Number 200-090-009 & 022; and WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a tentative map prior to recordation of a final parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 13, 1994; and WHEREAS, the Planning Commission denied the proposed minor subdivision without prejudice on December 13, 1994; and WHEREAS, Mr. Eugene DeBolt on behalf of James Johnson appealed the Planning Commission's decision by way of an appeal letter dated December 20, 1994; and WHEREAS, the Town Council did review the appeal of the Planning Commission's action at a noticed public hearing on February 21, 1995; and WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal and uphold the Planning Commission's decision to deny the request without prejudice; and WHERF~S, new information was presented to the Town Council which was not reviewed by the Planning Commission; and WHERF~S, the Town Council determined that the Planning Commission should have an opportunity to review this new information prior to any final determination on Minor Subdivision request MS 852-94; and WHEREAS, the public notice of this action was given in all respects as required by law; and PAGE 1 RESOLUTION NO. 95-0~ WHEREAS, a staff report was submitted recommending that the 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 approves the Minor Subdivision request MS 852-94 per the conditions contained herein, and makes the following findings in support of the Minor Subdivision: 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. 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 one new parcel. 4. The density of the subdivision is physically suitable for the subject site. o 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the (Town Council approval of the initial final map) or (issuance of a building permit) for the project. Each item is subject to review and approval by the Planning Division PAGE 2 RESOLUTION NO. 95-0s unless otherwise specified. A. GENERAL * 1. This approval is for a three parcel Minor Subdivision identified as MS 852-94. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map consisting of one sheet, as prepared by DeBolt Civil Engineering and dated received by the Planning Division on February 23, 1995. Fill Plat consisting of one sheet, as prepared by DeBolt Civil Engineering and dated received by the Planning Division on March 2, 1995. Co Creek Improvement Plan Streambed Alteration Permit, as prepared by DeBolt Civil Engineering and dated received by the Planning Division on March 3, 1995. ° The applicant 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. ° Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) 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 April 13, 1994. 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 PAGE 3 RESOLUTION NO. 95-0~[~ shall be $1,300 unless the project is found to be De Minimus (indicating that 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. In thc event that subsurface archeological remains arc 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. o Grading and construction activity shall be restricted to the period between the 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 combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. o 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 be discontinued during high wind periods. PAGE 4 RESOLUTION NO. 95-05 /--. B. SITE PLANNING 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. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. Development on each new parcel created by this subdivision shall be in accordance with the provisions of the R-20; Single Family Residential District. A 'Greenway Easement" shall be established over this property within the banks of San Ramon Creek. Language of the easement shall allow the Town, or agents of the Town, access to the creek for activities related to planned future creek restoration. As a condition of the easement, the Town will agree to hold the property owner harmless of any liability associated with public use of the creek. This easement will in no way release the property owner from the responsibility of maintenance of the creek for flood control purposes. The final wording describing the "Greenway Easement" shall be approved by the City Attorney prior to recordation of the Final Map. Concurrent with the recordation of the Final Map, a deed restriction shall be recorded to run with the title of Parcels A, B and C acknowledging the existence of the structural setbacks on the property and acknowledging the establishment of the "Greenway Easement" over the San Ramon Creek area. All primary building improvements shall be located within the building envelopes designated on Parcels A, B and C of Vesting Tentative Map MS 852-94. Accessory structures can be constructed in areas outside of PAGE 5 RESOLUTION NO. 95-0~ Co building envelopes consistent with requirements of the R-20; Single Family Residential Zoning District. TREES/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. The tree preservation guidelines established in the tree survey/arborist report performed for this site (APN: 200-090-007 & 022) as prepared by Oracle Landscape and dated October 7, 1994, shall be incorporated into the grading/site development plans for each parcel All recommendations and guidelines discussed in the peer review of the Oracle Landscape Arborist Report, as prepared by Plant Health Diagnostics and dated February 27, 1995, shall be complied with throughout the development process of the subdivision. A certified arborist shall be retained to supervise the adequacy of tree preservation measures throughout the grading and construction process. The developer shall minimize development impacts to the existing 54 inch Redwood tree located on the common property line between Parcel B and the Bond property located to the north (APN: 200-090-003) subject to the review and approval of the arborist. Prior to issuance of a grading permit, construction protection and irrigation guidelines shall be completed subject to the written review and approval of the arborist. Any additional grading and construction (other than currently proposed) shall be reviewed by the arborist prior to on-site grading. After grading is completed, the arborist shall be retained to certify that it is in full compliance with recommendations and guidelines included in the arborist report. Following completion of all grading work, the developer shall be required to submit written confirmation from the arborist, that certifies compliance with all recommendations and guidelines listed in the arborist report. If there is noncompliance, the tree preservation bond shall be withheld and no building permits shall be issued for construction on Parcels A, B or C. PAGE 6 RESOLUTION NO. 95-~ A security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of all trees following two full growing seasons after project completion. o Cribwall landscaping and landscape irrigation shall be prepared by a licensed landscape architect subject to the review and approval by Planning staff prior to issuance of a grading permit. The cribwall shall be landscaped with appropriate vegetation that mitigates visual impacts to the neighboring property to the north prior to issuance of building permits for residences on Parcels A, B and C. Landscaping of the cribwall shall emphasize the use of drought-tolerant, native plant species~ Landscaping within the driplines of preserved native trees shall be subject to the review and approval of a certified arborist and Planning staff. GRADING Any 'grading on 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, 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. Development shall be completed in compliance with a detailed soils report and the 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 projecL The report shall include specific recommendations for foundation design of the proposed PAGE 7 RESOLUTION NO. 95-~ o buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. 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 the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion 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. Ail new development shall be consistent with modern design for resistance to seismic forces. Ail new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. 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. 10. If toxic or contaminated soil is encountered during construction, all construction 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 of the materials. Runoff from any contaminated soil shall not be allowed to enter San Ramon Creek. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed. A NPDES construction permit may be required, as determined by the City Engineer. PAGE 8 RESOLUTION NO. 95-0~ 11. 12. 13. 14. 15. 16. 17. Ail grading activity shall be in compliance with all requirements of the Department ofFish & Game, Army Corps of Engineers, and Contra Costa County Flood Control & Water Conservation District. Prior to issuance of any building or grading permits, the applicant shall conform to those Conditions of Approval set forth in the Department ofFish & Game's permit (Permit #686-94 issued August 8, 1994) for stream alteration of the westerly tributary located on the site. Prior recordation of the Final Map or issuance of any grading or building permits, the applicant shall provide a hydraulic report, soils report and arborist report addressing the proposed design and installation of the proposed storm drain and associated improvements subject to the review and approval of the Chief of Planning and City Engineer. All fill material within the former creek tributary shall be completed in compliance with a detailed soils report and the 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 single family residences on the site and shall be subject to review and approval by the Town's Engineering and Planning Divisions. In conjunction with the proposed streambed alteration, the applicant shall address construction design details of the cribwall. The cribwall design is subject to the review and approval by the City Engineer and Chief of Planning. No further work shall occur on the site until proper permits are issued by the Town of Danville. If the developer violates any conditions of approval associated with this minor subdivision, all work will cease. Work on the site shall not commence until prior approval by the Chief of Planning. All grading and construction activities (which includes the importation of fill) shall be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday thru Friday. As a part of the grading permit process, the developer shall submit a haul plan which includes the size of trucks, dust control PAGE 9 RESOLUTION NO. 95-0~. measures, and time and frequency of trips. The designated haul route shall utilize Moss Creek Court as access to the site. If necessary, the City Engineer has the ability to require alternate routes or special requirements in consideration of the possible impact on the adjacent community and roadways. 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. 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. All mud or dirt carried off the construction site onto adjacent streets shall be swept or 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 the standard plans and specifications of the Development Services Department and Chapters XII and XXXI 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. Handicapped ramps shall be provided and located as required by the City Engineer. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. PAGE 10 RESOLUTION NO. 95-05 Fo The developer shall enter into a deferred improvement agreement with the Town for Danville Boulevard frontage improvements. The deferred improvements will include street paving, curb and gutter, and a drive approach. ° Additional design information shall be submitted for the driveway serving the existing residence located on APN: 200-090-021 subject to review and approval of the City Engineer and Chief of Planning. INFRASTRUCTURE o Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated April 15, 1994. 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 (CCCFC & WCD). All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of U.S. Fish and Wildlife, and the United States Army Corps of Engineers codes and policies. All runoff from 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 the 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 banks that could be impacted by additional storm water flow. PAGE 11 RESOLUTION NO. 95-05 o 10. 11. 12. 13. 14. Roof drainage from 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 sidewalks. 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 applicant 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 Town 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. Ail new utilities required to serve the development shall be installed underground. Ail street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. Prior to recordation of a Final Map for the project, the developer shall submit written documentation that the requirements of the Department ofFish & Game (mitigation measures required for the alteration of the westerly creek tributary) have been met. Prior to issuance of any grading or building permits or recordation of the Final Map, the applicant shall provide a hydraulic study of the storm drain culvert to assure that the storm drain has the capacity to convey storm drainage originating upstream of the project subject to review and approval of the City Engineer. PAGE 12 RESOLUTION NO. 95-0,~ 15. Prior to recordation of a Final Map, the developer shall complete a hydrologic study of San Ramon Creek to assure that the creek still has capacity to convey the 100 year flood. If the creek is found to not have the required capacity, the developer will be required to complete the necessary work (removal of additional debris) to restore creek capacity. 16. Prior to recordation of the Final Map, the developer shall destroy any on- site wells or septic tanks in accordance with Contra Costa County Health Services Department- Environmental Health Division. G. MISCELLANEOUS * 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. Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. Ail costs associated with such acquisition shall be borne by the applicant. * 3. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this minor subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. * 4. Use of a private gated entrance is expressly prohibited. PAGE 13 RESOLUTION NO. 95-0~ The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. o The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. Concrete pads or another appropriate accent feature shall be installed in the northerly and southerly driveways to accommodate trash receptacles placed at the street for garbage pickup subject to Planning staff review and approval. The designated locations for trash receptacles shall be large enough to accommodate the needs of Parcels A, B and C, in addition to the existing Gentile and Moss residences. APPROVED by the Danville Planning Commission at a Regular Meeting on March 14, 1995 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Bowlby, Combs, Jameson, Moran, Murphy, Osborn APPROVED AS TO FORM: City Attorney c pdpz68 PAGE 14 RESOLUTION NO. 95-0~