HomeMy WebLinkAbout97-30 EXHIBIT A
RESOLUTION NO. 97-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS 854-97
APPROVING A TWO PARCEL MINOR SUBDIVISION
(APN: 197-161-065 --- KARMONT)
WHEREAS, John P. and Patricia J. Karleskind have requested approval of a Minor Subdivision
request (MS 854-97) to allow a two parcel minor subdivision on a 5,253 hectare parcel (12.68
acres); and
WHEREAS, the subject site is located at 40 Cortaderia Court and is further identified as
Assessor' s Parcel Number 197-161-065; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision - Tentative Map prior to recordation of a Parcel Map; and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the
project indicating that 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
September 25, 1997; 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 approves the grant of a
Negative Declaration of Environmental Significance and approves of the Minor Subdivision
request MS 854-97 per the conditions contained herein, and makes the following findings in
support of this action:
The proposed subdivision is in substantial conformance with the goals and policies of the
General Plan.
PAGE 1 OF RESOLUTION NO. 97-30
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 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 proeprty within
the proposed subdivision.
Based on the completion of the Initial Study of Enviromnental 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 final 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 request (MS 854-97) to subdivide a
5,253 hectare parcel (12.68 acres) into two parcels of 0.819 hectares (and 2.02
acres) and 4.434 hectares (10.66 acres). This site is located at 40 Cortaderia
Court, and is also identified as Assessor's Parcel Number 197-161-065.
Development shall be substantially as shown on the tentative parcel map labeled
"Karmont Property," as prepared by Brym~ & Murphy Associates, Inc., dated
received by the Planning Division on July 18, 1997.
PAGE 2 OF RESOLUTION NO. 97-30
*
* 6.
* 7.
* 8.
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, Flood
Control & Water Conservation District (Drainage Areas and Mitigation), Plan
Checking, and Inspection 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 June 2, 1997.
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 the project.
In the event that subsurface archeotogical 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 Fri days), 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
PAGE 3 OF RESOLUTION NO. 97-30
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C. LANDSCAPING
All existing trees on-site shall be preserved. This approval does not authorize the
removal of any tree on the projeet site without the consultation, review and
approval of the Planning Division.
D. 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.
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.
Final grading, architecture and landscaping for the future development of Parcel
B are subject to review and approval by the Planning Division and Design Review
Board under a separate Development Plan application.
,
The area denoted as "Sloping Pad" on the tentative map, dated July 18, 1997, shall
be the designated building area for the future primary residence on Parcel B.
E. GRADING
* 1.
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
PAGE 5 OF RESOLUTION NO. 9%30
10.
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 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.
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, construction
pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention
Plan (SWPPP). A NPDES construction permit may be required, as determined by
PAGE 6 OF RESOLUTION NO. 97-30
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.
All mud or dirt carded 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.
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.4. above. Private streets
and driveways shall be improved to public street structural standards. Private
street and driveway improvements, and their dimensions, shall be as shown on the
project plans and shall conform to Standard Plan 103.
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. All private road maintenance agreements shall include provisions
for regular street sweeping.
The minimum width for the driveway which provides aceess to Parcel B from E1
Pintado Road shall be 16 feet, or as determined by the San Ramon Valley Fire
District.
PAGE 7 OF RESOLUTION NO. 97-30
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'sinitial
comments on this project are summarized within their memorandum dated May
28, 1997.
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 (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 in the street curb. No concentrated drainage
shall be permitted to surface flow across sidewalks.
Any portion of the drainage system that conveys runofffrom public streets shall
be installed within a dedicated drainage easement, or public street.
lfa 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.
PAGE 8 OF RESOLUTION NO. 97-30
* 9.
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.
The applicant must obtain an easement from the "Karleskind" property, Assessor's
Parcel Number 197-161-057, to encompass the sewer line which runs from El
Pintado Road and provides sewer to the subjeet property.
H. 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.
* 2.
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 for the installation of the improvements. 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. All easement rights shall be secured prior to Town Council final approval
of any subdivision map. All costs associated with such acquisition shall be borne
by the applicant.
* 3. Use of a private gated entrance is expressly prohibited.
PAGE 9 OF RESOLUTION NO. 97-30
APPROVED by the Danville Plm~ning Commission at a Regular Meeting on September 25,
1997, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Chairman
APPROVED AS TO FORM:
City Attorney )
Ch ~ef of P
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PAGE 10 OF RESOLUTION NO. 97-30