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HomeMy WebLinkAbout96-43 EXHIBIT A RESOLUTION NO. 96-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS 852-96 ALLOWING A THREE PARCEL MINOR SUBDIVISION (APN: 199-130-068 -- BLEDSOE) WHEREAS, Ron Bledsoe has requested approval of a three parcel Minor Subdivision on a 4.02 +/- acre site; and WHEREAS, the subject site is located, at 376 Del Amigo Road and is further identified as Assessor's Parcel Number 199-130-068; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision application prior to recordation of a parcel map; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project revisions or conditions of approval, no significant adverse environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 10, 1996; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERF~S, 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 Minor Subdivision request (MS 852-96) per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 96-43 The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. o 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 three new parcels. 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. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant adverse effect on the environment. 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 for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 2 OF RESOLUTION NO. 96-43 A. GENERAL This approval is for a Minor Subdivision (MS 952-96) at a site located at 576 Del Amigo Road and further identified as Assessor's Parcel Number 199-130-068. Except as may be modified by conditions contained herein, the subdivision shall be substantially as shown on the project Vesting Tentative Map and Site Sections labeled" MS 852-96 Vesting Tentative Map", as prepared by DeBolt Civil Engineering, consisting of two sheets, and dated received by the Planning Division on August 14, 1996. The applicant shall pay or be subject to 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, and Contra Costa County Flood Control & Water Conservation District (Drainage Areas and Mitigation). 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 12, 1996. Development of the two new parcels shall meet all Fire District requirements pertaining to vegetation fuel modification and/or buffer zone requirements related to the development's interface wildland and open space areas. Requirements include: drought tolerant and fire resistive plant materials and a weed abatement program for areas within 100 feet of the homes. Compliance with these requirements, and ongoing maintenance related to these requirements, shall be recorded as a note to run with the title of the properties to notify future property owners of these requirements. 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. PAGE 3 OF RESOLUTION NO. 96-43 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 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. 10. 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. 11. 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 PAGE 4 OF RESOLUTION NO. 96-43 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. 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 Future development of parcels created by this subdivision shall take place in compliance with the regulation contained within the Town's R-40; Single Family Residential District Ordinance. All existing perimeter fences shall be relocated as necessary to be located on the property line of the parcel. In particular, the shared fence with the adjacent Ulbrich and Stuart properties shall be relocated to be on the property line. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"= 20' scale), for the developed portions of the parcels, shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. The landscape plan shall be submitted as part of the Scenic Hillside Development Plan review for the project. Plant materials shall emphasis natural plant and tree varieties for the area and shall be drought tolerant in nature. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance ~91-14 and landscape guidelines PAGE 5 OF RESOLUTION NO. 96-43 and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. 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. For all future construction on the site, all nearby protected Oak trees shall be protected by the use of a minimum six foot high chain link fence strung on metal T-bar posts set a minimum of lO feet on center to placed around the entire driplines of the trees. No parking of vehicles, storage of equipment or materials or operation of construction equipment shall be allowed within the driplines of these trees. If site construction activity, including grading and trenching for utility and storm drain lines occurs within the dripline 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. If the trenching for utility and storm drain lines is proposed to occur within the driplines of protected trees, all trenching shall be done by hand and the trench shall be constructed to avoid any root damage. 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. PAGE 6 OF RESOLUTION NO. 96-43 Future development of homes on Parcels B and C (including the design and location of the water tank on Parcel C) shall be subject to review and approval by the Town under separate Scenic Hillside Development Plan applications. Siting of the homes on the parcels, and associated grading, shall be substantially consistent with the building envelopes shown on the tentative map for the project. While the schematic site sections depicted on Sheet 2 of the tentative are not specifically approved, development of these lots shall utilize split level pad construction (to minimize grading), architectural skirting, and the overall height of the structures. Colors and materials for the homes shall be of natural earthtone varieties to help blend the new development into the natural environment. Open wire fencing shall be utilized unless otherwise authorized by the Planning Division. GRADING o 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, rifle, 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. PAGE 7 OF RESOLUTION NO. 96-43 0 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 developer shall submit an Erosion Control Plan to the City Engineer for review and approval This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. Ail exposed slopes shall immediately be hydro seeded with a natural grass variety. 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. 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 any drainage facility, inlet or creek. All site grading, and the placement of fill, shall be designed to be located outside of the dripline of all protected Oak trees. This may require the PAGE 8 OF RESOLUTION NO. 96-43 construction of low retaining walls, rather than 2:1 grading ,as shown on the tentative map, for the driveway which leads to the home to be located on Parcel B. F. STREETS * 1. * 2. * 3. 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 each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. 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. Private streets shall be improved to public street structural standards. All private streets and tumarounds shall meet minimal Fire District dimensional and steepness requirements. The private drive from the hammerhead turnaround south to the proposed building location on Parcel C shall have minimum width of 16 feet. The driveway from the entrance onto the site to the hammerhead turnaround shall have a minimum width of 20 feet, unless otherwise approved by the Fire District. Off-site road improvements, on the private road west of the site, shall be improved as may be found necessary by the Fire District. 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. The agreement shall provide for the equitable shared maintenance of the shared private drive within this project by the owners of all three parcels within this subdivision. In addition, the parcels created by this subdivision shall equitably share in the maintenance of the shared portions of Del Amigo Road with other benefitting property owners. All private road maintenance agreements shall include provisions for regular street sweeping. PAGE 9 OF RESOLUTION NO. 96-43 G. 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 January 31, 1996. All wastewater, including the existing home on Parcel A, 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 February 13, 1996. 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 mn-off;from new impervious surfaces 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 an 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, as may be found necessary by the City Engineer. The design of all new driveways shall include the construction of a concrete curb and gutter on the down slope side of the driveway to hold run-off at the edge of the pavement and to convey the run-off into an approved drainage system. An additional storm drain inlet shall be provided near the entry to the property to collect existing water running down the driveway, as may be found necessary by the City Engineer. All storm drain pipe ouffalls shall be designed to prevent erosion and any impacts to adjacent trees. A qualified arborist shall review the final storm drain outfall design and make recommendations to prevent impacts to any trees. The applicant shall comply with all of the arborist's recommendations, to the satisfaction of the Planning Division. PAGE 10 OF RESOLUTION NO. 96-43 Ho 0 10. Prior to approval of the final map, the applicant shall complete a hydraulic report to study potential drainage impacts, related to the development of this subdivision, on the property located directly downhill (APN: 199-130-067). The applicant shall make improvements to the drainage facility to mitigated any identified impacts to the satisfaction of the City Engineer. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 13. Prior to approval of the improvement plans for the project, the applicant shall verify the adequacy of the existing 10 inch storm pipe which crosses under the private drive near the entry to the site. If found necessary by the City Engineer, this pipe shall be replaced with an appropriately sized pipe. MISCELLANEOUS Use of a private gated entrance over any commonly used driveway is expressly prohibited. PAGE 11 OF RESOLUTION NO. 96-43 * 2. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. APPROVED by the Danville Planning Commission at a Regular Meeting on September 10, 1996, by the following vote: AYES: NOES: - ABSTAINED: - ABSENT: Jameson APPROVED AS TO FORM: Bowlby, Combs, Hunt, Moran, Osborn, Murphy Chair~la~ ~ ~ City Attorney pdczl 11 PAGE 12 OF RESOLUTION NO. 96-43