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HomeMy WebLinkAbout95-29 EXHIBIT A RESOLUTION NO. 95-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS 851-94 (APN: 197-120-023, 012) -- FUCANAN WHEREAS, Dictinio Fucanan has requested approval of a Minor Subdivision request to subdivide an existing parcel to create one new parcel for residential development on a 6.12 +/- acre site; and WHEREAS, the subject site is located on the west side of E1 Pintado, south of El Alamo and is identified as Assessor's Parcel Number 197-120-023; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative parcel map prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 10, 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 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 adopts a Negative Declaration of Environmental Significance and approves of Minor Subdivision request MS 851-94 per the conditions contained herein, and makes the following findings in support of the Minor Subdivision approval: 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. PAGE I OF RESOLUTION NO. 95-29 0 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 new parcel. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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 parcel map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a Minor Subdivision to subdivide an existing parcel to create one new parcel. Except as may be modified by the Conditions of Approval contained herein, development shall be substantially as shown on the project drawings labeled "MS 851-94", as prepared by DeBolt Civil Engineering, dated received by the Planning Division on September 27, 1995. Grading and residential development of the site as shown on the conceptual plans labeled "Grading Exhibit", as prepared by DeBolt Civil Engineering, dated received by the Planning Division on September 27, 1995, is specifically not authorized as part of this approval. The final grading plan shall demonstrate a net reduction in the amount of grading PAGE 2 OF RESOLUTION NO. 95-29 from the above referenced grading exhibit, and shall minimize the amount of proposed grading. 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 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 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 $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. If deemed necessary, the applicant shall provide security fencing, around the site, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during development of the site. PAGE 3 OF RESOLUTION NO. 95-29 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. All physical improvements shall be in place prior to occupancy of any structure in the project. No new structures 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. SITE PLANNING Ail 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. Any on-site wells and septic systems, of which usage is not to be retained, 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 as appropriate. Concurrently with the recordation of the Parcel Map, the applicant shall dedicated to the Town of Danville a scenic easement for the ridgeline area between the 450 foot elevation contour on Parcel B and the 480foot elevation contour on Parcel A. No development, except minor exempt development as described in the Town's Major Ridgeline and Scenic Hillside Ordinance (Ord. 29-84), will be allowed in this area. This scenic easement shall be depicted on the parcel map for the project. LANDSCAPING Except as specifically approved, 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. This permit authorizes the removal of one 8" +/- diameter oak tree to accommodate the ditch/creek crossing. If site construction activity, PAGE 4 OF RESOLUTION NO. '95-29 Fo including the pipe culvert crossing, occurs in direct vicinity of the on-site and off-site protected trees, 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 the trees following two full growing seasons after project completion. ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. Future development of Parcel B, including grading, and any future modification to the existing residence on Parcel A, shall be subject to review by the Town's Design Review Board under a Scenic Hillside Development Plan application. Final siting of the home, grading, and architecture for Parcel B shall be consistent with the Town's Scenic Hillside and Major Ridgeline Ordinance, Grading Ordinance, and Hillside Development Guidelines. The grading practices depicted on the grading exhibit, referenced under Condition of Approval # A. 1. above, is specifically not authorized by this permit. The final grading plan shall demonstrate a net reduction in the amount of grading depicted in the above referenced grading exhibit, and shall be designed to minimize grading. Development techniques, such as a full story stepped pad elevation design shall be utilized as may determined necessary through the Scenic Hillside Development Plan review process for the site. The home shall primarily utilize native vegetation for introduced landscaping, generally shall limit fencing to open wire fencing, and shall utilize natural materials and earthtone colors to blend the residence into the environment. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. 0 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 PAGE 5 OF RESOLUTION NO. 95-29 o o o 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. All new development shall be consistent with modern design for resistance to seismic forces. All 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. 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 PAGE 6 OF RESOLUTION NO. 95-29 provisions for immediate containment of the materials. 10. 11. 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. Prior to any grading on the site, including an amount of grading that is less than 100 yards (which is otherwise listed as exempt from permit requirements under the Town's Grading Ordinance), the developer shall obtain a Grading Permit from the Town and, at the discretion of the Planning Division, the proposed grading may be subject to review by the Planning Division under a Scenic Hillside Development Plan application. STREETS o 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. PAGE 7 OF RESOLUTION NO. 95-29 o Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in Condition of Approval #A. 1. above and shall conform to Standard Plan 104 a & b. A new deferred improvement agreement will be required (a 1988 deferred improvement agreement already exists for this property per MS 25-80). The owner shall agree to install the ultimate improvements (an additional 12 foot wide street section and storm drainage improvements for the entire frontage of this subdivision) at some time in the future should an assessment district be formed or if required by the City Engineer because of street improvements conditions. Portions of the ultimate improvements, adjacent to the driveway access from El Pintado to Parcel B, may be required to be installed concurrently with the development of Parcel B, as may be determined necessary by the City Engineer, to assure a safe approach to the driveway for Parcel B. 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. 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. All required improvements to the creek 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, the Regional Water Quality Control Board, 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. PAGE 8 OF RESOLUTION NO. 95-29 Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. o 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. 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. 12. Prior to the issuance of building permits for a new home on Parcel B, the applicant shall complete a hydraulic study to detail the required size of the pipe culvert ditch/creek crossing. The pipe culvert shall be sized accordingly, to the satisfaction of the City 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. 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 66499.57. The Town will promptly notify the applicant of any such claim, action, or PAGE 9 OF RESOLUTION NO. 95-29 proceeding and cooperate fully in the defense. APPROVED by the Danville Planning Commission at a Regular Meeting on October 10, 1995, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Arnerich, Bowlby, Hunt, McEvilly, Moran, Murphy, Osborn City Attorney pdcz86 Chief of PAGE 10 OF RESOLUTION NO. 95-29