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HomeMy WebLinkAbout96-06 EXHIBIT A RESOLUTION NO. 96-0~(v A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST SD 7985 ALLOWING FOR A SIX LOT SUBDIVISION (APN: 215-140-001) -- FLETT WHEREAS, William and Elaine Flett have requested approval of a six lot Major Subdivision (SD 7985) on an approximately 3.58 acre site; and WHEREAS, the subject site is located on the 2250 Blackhawk Road, and is further identified as Assessor's Parcel Number 215-140-001; and WHERF~S, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision - Tentative Map application prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 13, 1996; 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 Mitigated Negative Declaration of Environmental Significance and approves Major Subdivision request SD 7985 per the conditions contained herein, and makes the following findings in support of these actions: 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 1 OF RESOLUTION NO. 96-0~(a 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 five new parcels. .4. 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. There is no evidence before the Town that the proposed project will result in any significant adverse impact on the environment. Based on this determination, a draft Mitigated Negative Declaration of Environmental Significance has been prepared to be approved concurrently with the project. 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 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 Major Subdivision (SD 7985) to subdivide an approximately 3.58 acre site, identified as 2250 Blackhawk Road (APN: 215-140-001) to create six single family lots. This approval also includes a circulation plan for the vicinity of the subject site. Except as may be modified by the following conditions of approval, development shall be substantially as shown on the project plans as follows: PAGE 2 OF RESOLUTION NO. 96-0){(a 0 0 ao Vesting Tentative Map labeled "Subdivision 7985", as prepared by DeBolt Civil Engineering, dated received by the Planning Division on December 18, 1995. b. Vicinity circulation plans labeled "Staff Study". The applicant shall pay any and all Town and other related fees that the property may be subject too 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 North East Benefit District ($60,600 if paid today for five new units) Park Land In-lieu ($14,400 if payed today for five new units) and Child Care Facilities ($1,675), Contra Costa County Flood Control & Water Conservation District (Drainage Mitigation), plan checking, and inspection fees (estimated at $13,000) 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 October 19, 1995. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project. 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 activiW. PAGE 3 OF RESOLUTION NO. 96-0~6, B. o 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. 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. 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 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. 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 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. The existing well located on lot six may be retained for landscape irrigation purposes only, subject to approval of the Contra Costa County Health Services Department - Environmental Health Division. The retention of the well on this lot shall not result in the granting of a setback variance to accommodate the construction of a PAGE 4 OF RESOLUTION NO. 96-0~{- residence on this loL The development and use of the lots created by this subdivision shall comply with the Town's R-20; Single Family Residential District standards. 0 If project identification is desired, signage shall be submitted for review by the Planning Division under a separate Sign Review application. o Adequate fencing, as required by the Town's Building Code, shall be installed around the existing pool on Lot 4 prior to approval of the final map. o The existing fence along the property's east property line, or a new project fence, shall be located/relocated to be on the property line prior to the recordation of the final map. LANDSCAPING All exiting trees shall be preserved to the extent possible. A number of Walnut trees on the site may be removed, as shown on the tentative map. The protected Oak trees along the property's northerly boundary shall be preserved. If site construction activity occurs in direct vicinity of the on-site and off- site protected trees (as established by the Town's Tree Preservation Ordinance), 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. Prior to approval of the final map, the applicant shall submit to the Town of Danville a landscape plan covering the properties frontage along Blackhawk Road. The landscape plan shall include the construction of a six foot high rock wall, matching the design of other rock walls in the area, along this frontage. The landscaping plan and wall plan shall be subject to review and approval by the Planning Division. The area between the wall and Blackhawk Road shall be landscaped with drought tolerant, low maintenance landscaping. This landscaping, but not the wall, will be maintained by the Town of Danville. The landscaping and wall shall be bonded for as part of the subdivision's improvement plans, and shall be installed prior to issuance of any building permit. PAGE 5 OF RESOLUTION NO. 96-0~6 Eo A minimum of two street trees per lot shall be planted prior to occupancy of the unit on that lot~ Wooden fencing developed in the project shall utilize 4"x 4" pressure treated Douglas Fir fence posts and 2"x 8" (minimum width) kickboards, unless otherwise authorized by the Planning Division. 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. 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. The proposed design of single family units developed in this project shall be submitted for review and approval by the Design Review Board. The units shall be designed in accord with the following design criteria: a° All four exterior elevations of each unit shall be architecturally dimensioned, trimmed and detailed similar to the front elevation. Trim material around doors and windows shall be a minimum of 1-5/8" thickness. bo Substantial variation shall be included in the roof lines proposed for each unit. 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 PAGE 6 OF RESOLUTION NO. 96-0~ 6, o 0 0 10. 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 provisions for immediate containment of the materials. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, PAGE 7 OF RESOLUTION NO. 96-O~k/a Fo construction pollution and other potential co shall be addressed. A NPDES construction p determined by the City Engineer. STREETS The applicant shall obtain an encroachment Division prior to commencing any construcfi public right-of-way or easement. Street signing shall be installed by the applic the City Engineer. Traffic signs and parking be required to be installed shall be subject tc Transportation Division and the Police Depm All mud or dirt carried off the construction s be swept or water-flushed each day. Any damage to street improvements now exL, construction on or adjacent to the subject pr the satisfaction of the City Engineer, at full e~ shall include slurry seal, overlay or street ret warranted by the City Engineer. All improvements within the public right-of-x~ sidewalks, driveways, paving and utilities, sh, accordance with approved standards and/or the standard plans and specifications of the r Department and Chapters XII and XXXI of th project improvement plans are submitted, th, the City Engineer an up-to-date title report fo Public streets shall be improved to the stand~ streets shall be improved to public street strt street improvements, and their dimensions, s project plans identified in #A. 1. above and si Plan 104 a & b. A satisfactory private road and private storm agreement shall be submitted for approval ot any Town Council final approval action. Lots created by this subdivision may take a Blackhawk Road on an interim basis only. nstruction contamination .-rmit may be required, as ~ermit from the Engineering on activities within any Lnt as may be required by :estricfion signs which may review and approval by the tment. onto adjacent streets shall ting or done during ~perty shall be repaired to ~ense to the applicant. This )nstruction if deemed 'ay, including curb, gutter, 11 be constructed in plans and shall comply with ~evelopment Services e Town Code. At the time .' applicant shall supply to r the subject property. .rds in #F.5. above. Private ctural standards. Private hall be as shown on the mil conform to Standard drain maintenance the City Attorney prior to ccess directly from When, through future PAGE 8 (}F RESOLUTION NO. 96-0~6 development, rights of access are acquired t property to the east (APN: 215-040-002), lots shall take access from an extension of Aren, The development's private road section shall foot roadway is located directly adjacent to tt with the entire 5 foot public utility easement street. 10. The portion of the private roadway and priv~ located between Blackhawk Road and the fur road easement, as shown on the tentative ma Town of Danville as public right-of-way. Thi~ indicated on the final map for the project. T right-of-way giving fee title of this area back t implementation of the ultimate circulation pl: Conditions of Approval F.8. above. 11o Prior to recordation of the final map, a decla the County Recorders Office identifying the s subdivision and acknowledging the long terr~ lots as described under Condition of Approv: 12. Except for the approved interim access, Lot ( rights to Blackhawk Road. The relinquishme indicated on the final map. 13. The hammerhead at the north end of the pri' hammerhead turn around, shall be construct rest of the private roadway° 14. If determined necessary by the City Engineer street light along the site's Blackhawk Road fi necessary, the street light shall be included a plans for the project and shall be installed px the units. INFRASTRUCTURE Domestic water supply shall be from an exist Water supply service shall be from the East E (EBMUD) water system in accordance with ff EBMUD's initial comments on this project ar, memorandum dated October 17, 1995. PAGE 9 ( brough the adjacent created by this subdivision is Drive. be modified so that the 20 ~e easterly property line, on the west side of the te roadway easement ~re north end of the private p, shall be dedicated to the offer of dedication shall be he Town will abandon this Lot 6 upon the tn described under cation shall be recorded at ix new lots created by this ~ circulation plan for these tl F.8. above. shall relinquish abutter nt of abutter rights shall be rate roadway, labeled future ed at the same time as the the developer shall install a · ontage. If determined part of the improvement ior to occupancy of any of ing public water system. ay Municipal Utility District e requirements of EBMUD. summarized within their F RESOLUTION NO. 96-0~& o All wastewater shall be disposed into an exisl disposal service shall be from the Central Co (CCCSD) sewer system in accordance with th CCCSD's initial comments on this project are letter dated October 18, 19950 Drainage facilities and easements shall be pr{ the City Engineer, the Chief Engineer of the ¢ Control & Water Conservation District, the D and the Bat Area Water Quality Control Distr: All runoff from impervious surfaces shall be boundary and shall be collected and conduct method through the project to an approved ~, determined by the City Engineer. Developm, contribute additional water to existing draina to complete a hydraulic study and make imp required to handle the expected ultimate pea erosive banks that could be impacted by addi Roof drainage from structures shall be collec conveyed to an approved storm drainage faci concentrated drainage shall be permitted to sidewalks° Any portion of the drainage system that con, streets shall be installed within a dedicated d street. If a storm drain must cross a lot, or be in an easement shall be equal to or at least double drain. The applicant shall furnish proof to the City of all necessary rights of entry, permits and/. construction of off-site temporary or perman improvements. Electrical, gas, telephone, and Cable TV servi, underground in accordance with the Town ordinances. All utilities shall be located and utility easements, sited to meet utility compal streets. ing sewer system. Sewer ntra Costa Sanitary District e requirements of CCCSD. summarized within their ~vided to the satisfaction of 2ontra Costa County Flood epartment of fish & Game, .ct. intercepted at the project ed via an approved drainage .torm drainage facility, as .~nt which proposes to ge system shall be required 'ovements to the system as k water flow and to stabilize tional storm water flow. ted via a closed pipe and lity of the street curb. No urface flow across :ys runoff from public :ainage easement, or public easement between lots, the the depth of the storm Engineer of the acquisition )r easements for the ~nt road and drainage :es, shall be provided ~olicies and existing provided within public ly standards, or in public PAGE 10 }F RESOLUTION NO. 96-0)~{,, Ho 10. All new utilities required to serve the develo underground. 11. All street, drainage or grading improvement licensed civil engineer~ 12. The development rights for the area within from Green Valley Creek shall be dedicated development will be allowed in this area~ P~ final map, a declaration shall be recorded at identifying this lot and acknowledging this de rights. 13. This subdivision shall improve the west bout foot wide gravel roadway abutting the existin roadway will require a 10 foot wide access e'. Town of Danville for drainage maintenance [ the rear of these lots shall be installed along roadway. The 12" diameter pipe proposed n two 6" PVC pipes (one on each side of the lo existing drainage channel° 14. Lots created by this subdivision shall be resp widening of Blackhawk Road to accommodat frontage of this subdivision, as may be deter~ Engineer. MISCELLANEOUS The project shall be constructed as approved design, but not the use, may be approved by require Planning Commission approval throt subdivision process. Pursuant to Government Code section 66474 the applicant or any agent thereof) shall defe harmless the Town of Danville and its agents from any claim, action, or proceeding agains officers, or employees to attack, set aside, vo: approval concerning this Major Subdivision ~ brought within the time period provided for Town will promptly notify the applicant of ar proceeding and cooperate fully in the defens ~ment shall be installed ~lans shall be prepared by a te structural setback line ~ the Town of Danville. No or to recordation of the the County Recorders Office dication of development .dary of each lot with a 10 g drainage channel. The tsement dedicated to the ,urposes. Any fencing along the easterly boundary of the ~ay be deleted in favor of :s) draining each lot into the 9nsible for possible future a bicycle lane, along the tined necessary by the City · Minor modifications in the Staff. Any other change will .gh a revised minor .9, the applicant (including ad, indemnify, and hold officers, and employees the Town or its agents, d, or annul, the Town's pplication, which action is in Section 66499.37. The ty such claim, action, or PAGE 11 }F RESOLUTION NO. 96-0.~ * 3o Use of a private gated entrance is expressly [~rohibited. * 4. The location, design and number of gang ma project shall be subject to review and approx Board and the local Postmaster. APPROVED by the Danville Planning Commission at a Re~ 13, 1996, by the following vote: AYES: Bowlby, Combs, Hunt, Moran, Osb NOES: - ABSTAINED: - ABSENT: - APPROVED AS TO FORM: City Attorney pdcz93 Cl/ai ilbox structures serving the al by the Design Review ular Meeting on February rn, Murphy Chief of PI~ PAGE 12 )F RESOLUTION NO. 96-0~ &