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HomeMy WebLinkAbout98-23,r-- EXHIBIT A RESOLUTION NO. 98-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 855-97 ALLOWING THE CREATION OF TWO ADDITIONAL PARCELS (APN: 206-020-047 -- HOWLAND) WHEREAS, Terry Howland has requested approval of a Minor Subdivision application to subdivide an existing 5 +/- acre site into three single family parcels; and WHEREAS, the subject site is located at 1250 Culet Ranch Road and is identified as Assessor's Parcel Number 206-020-047; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative map prior to recordation of a parcel map; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 28, 1998; 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 the 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 855-97 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. 98-23 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 two 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 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 approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Minor Subdivision request (MS 855-97) to subdivide a 5.7 +/- acre site to create two additional parcels at 1250 Culet Ranch Road (APN: 206-020-047). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map, including conceptual grading plans and site sections, labeled "Vesting Tentative Parcel Map - Lands of T. Howland," as prepared by dk Associates, dated received by the Planning Division on April 24, 1998. PAGE 2 OF RESOLUTION NO. 98-23 The applicant shall pay or be subject to any and all Town and other related fees that the properly 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 (RTIP), SCC Sub-Regional, SCC Regional, Park Land In- lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and the Lawrence Road Benefit District 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. This 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. 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 stationmy noise-generating equipment as far away from existing residences as feasible. PAGE 3 OF RESOLUTION NO. 98-23 10. 11. 13. 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. At the time of submittal of the subdivision map and improvement pimps for first plan checking, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Director of Planning and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. This project shall comply with all requirements established under the LawrenceFLeema Road Specific Plan. The following statement shall be recorded to run with the deed of the two parcels within this subdivision acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural/agricultural uses: IMPORTANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from legally established agricuHural uses consistent with the area ~' previous A-2; General Agricultural District zoning designation, including noise, odors', dust, and chemicals, will not be deemed a nuisance. The existing home on Parcel B and the future homes to be constructed on Parcel A and C, shall connect to public water and sewer facilities recently extended to the area. Connection of the existing home on Parcel B to the public water and sewer facilities shall be guaranteed through a security acceptable to the Town prior to the Town's approval of the final map for the project. Prior to issuance of a building permit for the construction of a homes on Parcels A and C, the building permit plans shall reflect and guarantee the homes connection to public water and sewer facilities. Facilities related to Parcel B's existing private on-site water and septic systems, shall be removed to the satisfaction of the Contra Costa County Environmental Health Department. Environmental Health Division permit and inspections for this work shall be obtained. PAGE 4 OF RESOLUTION NO. 98-23 14. All three parcels within this subdivision shall participate in the Lawrence Road Benefit District related to the participation in the payment of off-site infrastructure improvements in the area. 15. No further subdivision of the three parcels in this subdivision shall be allowed. A note stating this limitation shall be recorded to run with the title to these parcels concurrently with the recordation of the parcel map. 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. Development criteria for the home to be constructed on Parcels A and C shall be as specified under the Town's R-40; Single Family Residential District Ordinance. A scenic easement shall be established over the portions of Parcels A, B and C of this subdivision below the development areas, as shown on the tentative map for this project. The scenic easement shall be recorded concurrently with the recordation of the final map. No construction of structures or grading will be allowed in this area. A deed notification regarding the scenic easement and associated restrictions shall be recorded to run with the deed to both parcels and shall be included as a note on the final map. The conceptual grading plan referenced within Condition of Approval A. 1. a. and b., above is not approved at this time. However, grading for the home shall be substantially consistent with the stepped pad design depicted on that plan, and in the location shown on the plan, subject to review and approval by the Planning Division under a separate Scenic Hillside development plan application. In addition, the size of the footprint of the home shall be substantially as shown on the conceptual grading plan. Flat pad grading is prohibited. Grading of the site shall not occur until after approval of the development of the site by the Town as part of the Scenic Hillside Development Plan application. LANDSCAPiNG Landscape and irrigation plans (with planting shown at 1" 20' scale) shall be submitted for review and approval by the Planning Division and Design Review PAGE 5 OF RESOLUTION NO. 98-23 Board and Planning Commission as part of the review of the Scenic Hillside Development Plan prior to development of Parcels A and C. 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. 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 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. Substantial tree plantings shall be required in conjunction with the future development of the homes on Parcels A and C. In addition, the landscape plan shall include substantial tree plantings on both the west and east sides of the existing home on Parcel B to help screen this home. Trees shall be of a native variety and shall be placed to help screen the home from the downhill (eastem) view. Trees and plantings shall be placed to create a natural appearing transition from the sloping grasslands below and more intensely landscaped areas near the home. The landscape plan is subject to review and approval by the Planning Commission as part of the Scenic Hillside Development Plan application. 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. Future development of homes on Parcels A and C shall be subject to review and approval by the Town under a separate Scenic Hillside Development Plan application. The home shall utilize native vegetation for landscaping, open wire fencing, natural materials, and earth tone colors to blend the residence into the natural environment. The homes to be built on Parcels A and C shall have a maximum height of 28 feet from the average of the high and low finished grades. PAGE 6 OF RESOLUTION NO. 98-23 5. Parcels A and C shall be developed within individual custom homes. Tract homes shall not be allowed. 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. 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 PAGE 7 OF RESOLUTION NO. 98-23 /.., 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. Should any toxic or contaminated soil be 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. 10. All grading activity shall address National Pollatant 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 the City Engineer. STREETS All mud or dirt carried off the consh-uction 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. The private driveway within this subdivision shall be constructed to meet all requirements of the San Ramon Valley Fire Protection District. For example, if the driveway exceeds a 15 percent slope (currently shown to have a maximum slope of 17.8 percent), grooved concrete and/or other mitigation including, but not limited to, sprinklering the homes may be required. PAGE 8 OF RESOLUTION NO. 98-23 This subdivision shall be responsible for the cul-de-sac pavement improvements to Culet Ranch Road lying within the boundaries of this subdivision. An appropriate street easement shall be offered to the Town for the cult-de-sac, complying with the Town standards of a minimum 10.5 meter radius. Right-of-way that has been previously offered to the County in excess of that needed to install the cul-de-sac, will be abandoned by the Town. The private roadway extension from the Culet Ranch Road cul-de-sac westerly shall be a minimum of six meters wide and provide a structural section comparable to public road standards. Culet Ranch Road, from Lawrence Road to 215 meters westerly, is being improved to public roadway standards as a condition of approval of Subdivision 7968. From the westerly boundary of Subdivision 7968 to this subdivision, Culet Ranch Road is deficient in both width and structural depth. This subdivision shall be responsible for a minimum six meter wide temporary paved roadway within this area. INFRASTRUCTURE Domestic water supply shall be from a public water system. Water supply service shall be from the planned East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into a public sewer system. Sewer disposal service shall be from the planned 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. 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. Ira 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. PAGE 9 OF RESOLUTION NO. 98-23 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, if provided, shall be constructed 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. * 9. All new utilities required to serve the development shall be installed underground. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS The tentative map shall be recorded as approved. Minor modifications in the desigrt, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Minor Subdivision review process. * 2. 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 conceming this Minor Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. A shared maintenance agreement for Parcels A, B and C of this subdivision shall be prepared. The agreement shall provide for the equitable shared maintenance of the private driveway within this subdivision, and the shared maintenance of any shared drainage facilities. 4. Use of a private gated entrance is expressly prohibited. Advisory Note: The building permit for a large addition to the existing home on the parcel, which was approved by Contra Costa County prior to the Town's annexation of the area, has expired. This addition has not been completed. A new building permit must be obtained from the Town of Danville prior to the issuance of final occupancy permit for this addition. PAGE 10 OF RESOLUTION NO. 98-23 APPROVED by the Danville Planning Commission at a Regular Meeting on April 28, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Bowlby, Magliano, Moran, Osborn, Rapp Jameson~ Hunt Combs Chairman APPROVED AS TO FORM: City Attorney pdcz153 Chief of Planlin~ PAGE 11 OF RESOLUTION NO. 98-23