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HomeMy WebLinkAbout96-34 EXHIBIT A RESOLUTION NO. 96-34 A RESOLUTION OF THE PKANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL AND APPROVING MINOR SUBDIVISION REQUEST MS 853-96 ALLOWING A THREE PARCEL MINOR SUBDIVISION (APN: 197-150-005 -- SHANKAR) WHEREAS, Udaya and Kavitha Shankar have requested approval of a Minor Subdivision (MS 853-96) to allow a three parcel minor subdivision on a 5.25+/- acre site; and WHEREAS, the subject site is located at 799 E1 Pintado Road and is further identified as Assessor's Parcel Number 197-150-005; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision - Parcel Map prior to recordation of a Parcel Map; and WHERF~S, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project conditions of approval, no significant impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 23, 1996; and WHERF~S, 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 approves the grant of a Negative Declaration of Environmental Significance and approves of the Minor Subdivision request MS 853-96 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed subdivision is in substantial conformance with the goals and policies of PAGE 1 OF RESOLUTION NO. 96-34 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 two new parcels. The density of the subdivision is physically suitable for the proposed density of development. 0 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. o The tree removal is necessary to allow for the reasonable development of the subject property. The tree removal will not have an adverse impact on soil erosion, and the diversion or increased flow of surface waters. Due to the existing number and location of other protected trees in the area, the tree removal will not adversely effect the areas shade, privacy, or scenic beauty. 10. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that, as conditioned, the project will have a significant effect on the environment. 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 for the project. Each item is subject to review and PAGE 2 OF RESOLUTION NO. 96-34 approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a three parcel Minor Subdivision (MS 853-96) on an existing 5.25 +/- acre parcel located at 799 El Pintado Road. Except as may be modified by the conditions contained herein development shall be substantially as shown on the vesting tentative map labeled MS 853-96 -- Shankar Property, as prepared by DeBolt Civil Engineering, dated received by the Planning Division on July 18, 1996. 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 February 28, 1996. The applicant shall submit to the Town of Danville a fee in the amount of $25.00 which is 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. PAGE 3 OF RESOLUTION NO. 96-34 o 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 prbject. 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. 10. 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. 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 thc front of a building. PAGE 4 OF RESOLUTION NO. 96-34 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. Co 4. Development of homes on the two new parcels shall comply with all requirements of the Town's R-65; Single Family Residential District Ordinance. 5. All Parcels shall have a minimum size of 65,000 square feet. 6. Development on Parcel B shall be within the flat area generally in the location of the existing horse arena. Development on Parcel C shall be within the flat pad area being created as part of this approval, near the 520 foot contour. LANDSCAPING This approval authorizes the removal of six oak trees, as shown on the plans referenced under condition A. 1. above, which are a protected tree under the Town's Tree Preservation Ordinance. Do The developer shall replace the six oak trees to be removed with six new oak trees. The oak trees shall be 15 gallon box size trees. Four oak trees shall be planted along E1Pintado Road (two along the frontage of Parcel A and two along the frontage of Parcel B), and two oak trees shall be planted near the building pad area on Parcel C. The new trees shall be planted upon the completion of approved grading work on the site and before the Town's final approval of the grading work. The trees shall be irrigated through the use of a drip irrigation system until the trees are established. All existing trees on the site, other than those approved for removal, shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. ARCHITECTURE 1. 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. PAGE 5 OF RESOLUTION NO. 96-34 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. 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 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. Ail 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. New slope banks along E1Pintado Road shall be re-seeded with natural grasses immediately after completion of the grading. PAGE 6 OF RESOLUTION NO. 96-34 F0 All new development shall be consistent with modern seismic design for resistance to lateral forces. All 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. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. o 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. 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 installSd shall be subject to review and approval by the Transportation Division and the Police Department. Ail mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. 4. Any damage to street improvcment~ now existing or done during construction PAGE 7 OF RESOLUTION NO. 96-34 Go 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. jo 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. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standardso Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. The access driveways from El Pintado Road to Parcels B and C shall be combined to be one shared driveway, subject to review and approval by the Planning Division. A maintenance agreement for the shared driveway shall be submitted for review and approval by the Town prior to recordation of the parcel map. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service, for all three parcels, 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 February 26, 1996. All wastewater, from all three parcels, 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. 0 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 tho pvojoct PAGE 8 OF RESOLUTION NOo 96-34 o o 11o 12. 13. 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. The proposed driveway access shown for Parcels B & C shall be modified to slope toward the hill, not away from the hill, and incorporate an asphalt berm for containing drainage. Roof drainage from structures shall be collected via a closed pipe and conveyed to directly to the E1 Pintado roadside ditch. 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. Prior to recordation of the parcel map, the applicant shall complete a hydraulic study to analyze down stream storm water run-off from the subject site. The study shall be subject to review and approval by the City Engineer. The study shall make recommendations to improve the existing downstream drainage conditions. The applicant shall complete any identified recommended downstream drainage improvements deemed reasonable by the City Engineer as part of the improvement plans for the subdivision. PAGE 9 OF RESOLUTION NO. 96-34 ,-~ H. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on July 23, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Jameson, Osborn, Murphy Hunt, Moran Bowlby APPROVED AS TO FORM: Chairma~ City Attorney pdczl09 Chief °f P~i 7~.~Ing PAGE 10 OF RESOLUTION NO. 96-34