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HomeMy WebLinkAbout95-14EXHIBIT A RESOLUTION NO. 95-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING TOWN COUNCIL APPROVAL OF THE ADOPTION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, AND APPROVAL OF A PRELIMINARY & FINAL DEVELOPMENT PLAN - REZONING REQUEST (PUD 95-02) AND MINOR SUBDIVISION REQUEST (MS 851-95) TO SUBDIVIDE A 3.56+/- ACRE PARCEL INTO TWO SINGLE FAMILY PARCELS (APN 217-030-008) WHEREAS, Mice Tomassini has requested approval of a request for a Preliminary & Final Development Plan - Rezoning request (PUD 95-02) to rezone a 3.57 +/- acre parcel from A-2; General Agriculture to P-l; Planned Unit Development, and a Minor Subdivision request (MS 851-95) to subdivide a 3.57+/- acre parcel into two single family parcels; and WHEREAS, the subject site is located on the south side of Camino Tassajara, at 2830 Camino Tassajara and is identified as Assessor's Parcel Number APN: 217-030-008; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary and Final Development Plan - Rezoning request to establish a Planned Unit Development District; 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 April 25, 1995; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the 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; PAGE 1 RESOLUTION NO. 95-14 NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville recommends the grant of a Negative Declaration of Environmental Significance and approval of the rezoning to P-l; Planned Unit Development District (PUD 95-02) per the conditions contained herein, and makes the following findings in support of the rezoning: The proposed rezoning to P-l; Planned Unit Development will substantially comply with the General Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. The previously certified EIR prepared for the Sycamore Valley Specific Plan (in conjunction with the addendum to the EIR prepared in 1985) discussed potential impacts associated with development of the site for residential uses, in part satisfying the requirements of the California Environmental Quality Act; and be it further RESOLVED that the Planning Commission of the Town of Danville recommends that the Town Council approve the minor subdivision request per the conditions of approval 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. 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 PAGE 2 RESOLUTION NO. 95-14 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. 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 unless otherwise specified. A. GENERAL * 1. This approval is for Preliminary Development Plan - Rezoning request (PUD 95-02) rezoning the subject 3.574- acre property from a A-2; General Agricultural District to a new P-l; Planned Unit Development District for a proposed single family residential development consisting of a maximum of two units. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map 851~95 consisting of one sheet, as prepared by David B. Hop, Civil Engineer and dated received April 20, 1995. 0 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 following fees: Sycamore Valley Benefit District, Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), plan checking, and inspection fees. 3. Prior to the issuance of grading or building permits, the applicant shall PAGE 3 RESOLUTION NO. 95~14 I o 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 March 16, 1995. 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 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 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 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 of 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. PAGE 4 RESOLUTION NO. 95-14 * 9. 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 actvifies. 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. B. SITE PLANNING * 1. 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. If Parcel B is further subdivided in the future, access shall be provided from Mattos Court (located in the adjacent subdivision to the west - SD 7443). Access to any future parcels created from the subdivision of Parcel B shall be provided via the easement located on the northern portion of Parcel A. An alternate access easement over Parcel A from Mattos Court can be considered as a part of a future Tentative Map. All new development on Parcels A and B shall conform to the R-20; Single Family Residential Zoning District requirements. C. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE $ RESOLUTION NO. 95-14 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 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. 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. Ail cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 6 RESOLUTION NO. 95-14 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 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. * 10. 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. D. ARCHITECTURE The new residence developed on Parcel A shall be designed in accord with the following criteria: Ail four exterior elevations shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim materials around doors and windows shall have a minimum width of four inches and a minimum thickness of two inches. b. The new residence shall not exceed 28 feet in height. E. STREETS * 1. 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. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. PAGE 7 RESOLUTION NO. 95-14 F0 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. This subdivision shall pay its fair share proportion of the traffic signal cost for the traffic signal at the intersection of Camino Tassajara and Woodside Drive/Alta Vista. The amount of the contribution shall be determined by the City Engineer at the time of filing the Parcel Map. The fee shall be based upon the best current estimated number of dwelling units to be served by the traffic signal. The temporary access easement providing access from Camino Tassajara to Parcel A shall be abandoned subsequent to the Town's acceptance of Mattos Court and Woodside Court as public streets. INFRASTRUCTURE 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. EBMUD's initial comments on this project are summarized within their memorandum dated March 17, 1995. 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. PAGE 8 RESOLUTION NO. 95-14 10. 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 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. 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. All new utilities required to serve the development shall be installed underground. PAGE 9 RESOLUTION NO. 95-14 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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 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. Ail 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. 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 rezoning and 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. 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. Land uses for Parcels A and B shall be consistent with the requirements of the R-20 zoning district. The existing indoor plant business located on Parcel A is authorized to continue to operate from the subject site. Any expansion of the business, including modification or expansion of existing on-site buildings or an PAGE 10 RESOLUTION NO. 95-14 increase in vehicular trips associated with the business, shall require a conditional Land Use Permit. Hours of operation for the indoor plant business, including commercial traffic, shall be limited to 7:30 a.m. to 7:00 p.m. Monday thru Friday. APPROVED by the Danville Planning Commission at a Regular Meeting on April 25, 1995 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Hunt, Jameson, McEvilly, Moran, Murphy, Osborn APPROVED AS TO FORM: ~i~' Attorney '/IVl~[/ Chief of Pla~ pdpzT1 PAGE 11 RESOLUTION NO. 95-14