HomeMy WebLinkAbout98-24 EXHIBIT A
RESOLUTION NO. 98-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS 856-97
ALLOWING A FOUR PARCEL MINOR SUBDIVISION
(APN: 206-020-060 --- YEE)
WHEREAS, John and Maymie Yee have requested approval of a Minor Subdivision request
(MS 856-97) to allow a four parcel minor subdivision on a 2.040 +/- hectare parcel (5.04 acres);
and
WHEREAS, the subject site is located at 50 Hidden Hills Place and is further identified as
Assessor's Parcel Number 206-020-060; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision - Vesting Tentative Map prior to the recordation of a Parcel Map; and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the
project indicating that no significant 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
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 the Minor Subdivision request
MS 856-97 per the conditions contained herein, and makes the following findings in support of
this action:
1. The proposed project is consistent with the 1992 Lawrence/Leema Road Specific Plan.
PAGE 1 OF RESOLUTION NO. 98-24
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 health problems because water and sanitary facilities services will be
available to the four 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 C*") 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' s approval of the final map. 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 856-97) to subdivide a
2.040 +/- hectare parcel (5.04 acres) into four parcels of 0.51 +/- hectares (1.27 net
acres); 0.68 +/- hectares (1.55 net acres), 039 +/- hectares (0.97 net acres), and
0.37 +/- hectares (0.92 net acres). The site, located at 50 Hidden Hills Place, is
also identified as Assessor's Parcel Number 206-020-060. Development shall be
substantially as shown on the vesting tentative map labeled "Lands of J. & M.
Yee," as prepared by dk Associates, Inc., dated received by the Planning Division
on January 23, 1998, except as may be modified by conditions contained herein.
PAGE 2 OF RESOLUTION NO. 98-24
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, Park Land In-lieu and Child Care Facilities, Flood Control
& Water Conservation District (Drainage Areas and Mitigation), Plan Checking,
Inspection, and Benefit District fees.
In addition, this project is subject to the Regional Transportation Improvement
Program (RTIP), Southern Contra Costa County Regional fee, Southern Contra
Costa County Sub-Regional fee, and the forthcoming Tri-Valley Transportation
Council (TVTC) Regional fee.
Prior to the issuance of a grading or building permit, whichever occurs first, the
applicant shall reimburse the Town for notifying surrounding neighboring
residents of the public hearing. The fee shall be $140.25 (187 notices X $0.75 per
notice).
Prior to recordation of the map, 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 November 18,
1997.
The applicant shall submit to the Town of Danville fees required to file aNotice
of Determination for this project as required by AB 3185. The 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 Califomia Areheology
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. 98-24
Consb-uction 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.
If the applicant intends to construct the project in phases, then the first submittal
for building permits shall be accompanied by an overall phasing plan. This plan
shall address: off-site improvements to be installed in conjunction with each
phase; erosion control for undeveloped portions of the site; timing of delivery of
emergency vehicle access connections; and phasing of project grading. The
phasing plan shall be subject to the review and approval of the City Engineer and
Chief of Planning.
12.
During the map and/or plan checking process, and prior to submittal of the
Subdivision Map for Town Council approval, 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 must be
signed by the applicant. The report may be rejected by the Town if it is not
comprehensive with respect to the applicable conditions of approval,
13.
This project shall comply with all requirements established under the
Lawrence/Leema Road Specific Plan.
PAGE 4 OF RESOLUTION NO. 98-24
14.
The following statement shall be recorded to run with the deed of the four 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 ntral and
agricultural uses. Any inconvenience or discomfort.lbom legally established
agricultural uses consistent with the area's previous A-2: General agricultural
District zoning designation, inchiding noise, odors, dust, and chemicals', will not
be deemed a nuisance.
The existing home to be relocated to Parcel A and the future homes to be
constructed on Parcels B. C and D, shall connect to the public water and sewer
facilities recently extended to the area. Connection of the existing home, to be
relocated to Parcel A, 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 building permits for the construction of
homes on Parcels B, C and D. the building permit plans shall reflect and guarantee
the homes' connection to public water and sewer facilities. Facilities related to the
existing home' s private on-site water and septic systems. shall be removed to the
satisfaction of the Contra Costa County Environmental Health Department.
SITE PLANNING
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 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.
,
Development shall be consistent with the R-40; Single Family Residential District
Standards, as established by the Town Zoning Ordinance.
No development of any kind, landscaping, or grading is permitted in the areas
designated as scenic easements, as shown on Parcels A. B and C on the final map.
PAGE 5 OF RESOLUTION NO. 98-24
LANDSCAPING
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.
Substantial tree plantings shall be required in conjunction with the future
development of homes on Parcels B, C and D. Trees shall be of a native variety
and shall be placed to help screen the home from the downhill (eastern) view.
(Note: Parcel C will be visible from the east, north and west). 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 Division as part of the Scenic
Hillside Development Plan application.
ARCHITECTURE
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.
All development shall be subjectto the provisions of the Town's Major Ridgeline
Scenic Hillside Ordinance (Ord 29-84) and Hillside Design Guidelines. All single
family and other non-exempt development under Ordinance 29-84 shall be subject
to site plan and architectural review by the Planning Division under a hillside
Development Plan application. All new residential development shall be subject
to review and approval by the Town' s Design Review Board.
The maximum height of new residences within the subdivision shall be 28 feet as
calculated from the average of the high and low finished grades.
Where appropriate to minimize grading and site disturbances, homes shall utilize
a split-pad design. Homes shall utilize native vegetation for landscaping, open
wire fencing, natural materials, and earth tone colors to blend the residences into
the natural environment. No site development, such as grading, clearing and
grubbing, and tree removal or trimming, shall occur until after the review and
approval of the proposed development under a Development Plan application.
Development in this subdivision shall consist of individual custom homes which
are designed for each parcel. Tract or production homes are not permitted.
PAGE 6 OF RESOLUTION NO. 98-24
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 anfmipated 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.
PAGE 7 OF RESOLUTION NO. 98-24
* 7. 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.
All grading activity shall address National Pollutant Discharge Elimination System
(PIPDES) 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). ANPDES construction permit may be required, as determined by
the City Engineer.
11.
Grading for Parcel C is not approved at this time. However, grading for the home
shall be a stepped pad design generally as depicted on the tentative map for this
project, subject to review and approval by the Planning Division under a separate
Scenic Hillside development plan application. Flat pad grading is prohibited.
Grading of the site shall not occur until after approval of the development of the
site by the Planning Division under the Scenic Hillside Development Plan
application.
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
PAGE 8 OF RESOLUTION NO. 98-24
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 d~unage 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 slun'y 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.5. above. Private streets
shall be improved to public street structural standards. 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.
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.
Hidden Hills Place shall be improved to the satisfaction of the San Ramon Valley
Fire Protection District.
All owners of lots within this subdivision shall be participants in a roadway
maintenance agreement for Hidden Hills Place, as well as the new shared roadway
within this subdivision, westerly of the Hidden Hills Place eul-de-sac.
The existing driveway traversing Parcels A and B, if not used as driveway access
for those parcels, shall be abandoned, regraded and reseeded to the satisfaction of
the Planning Division.
PAGE 9 OF RESOLUTION NO. 98-24
11.
The four pareels which are created by this subdivision shall agree to the
elimination of the existing vehicular gate on Hidden Hills Road. When, through
conditions of approval of future development proposals, a sufficient number of
parcels which access from Hidden Hills Road are required to agree to removal of
the gate, the gate shall be removed or rendered inoperable.
G. INFRASTRUCTURE
* 1.
Domestic water supply shall be from a main extension, at the applicant' s expense,
from the 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 November 12, 1997.
All wastewater disposal shall be from a connection to the Lawrence Road 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
November 17, 1997.
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 bm~ks 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.
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
PAGE 10 OF RESOLUTION NO. 98-24
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.
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.
Prior to recordation of the map, the applicant shall submit written documentation
that all requirements of the Contra Costa County Health Services Department
(CCCHSD) have been, or will be, met to the satisfaction of the agency. The
CCCHSD's initial comments on this project are summarized in part in their
memorandum dated November 20, 1997.
12.
All pm'cels in the subdivision shall be required to participate in the Lawrence Road
Benefit District.
MISCELLANEOUS
The vesting tentative map shall be recorded 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 Minor Subdivision review
process.
Conditions of this approval may require the applicant to install public
improvements on land over which 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.
Pursuant to Govemment 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
PAGE 11 OF RESOLUTION NO. 98-24
aside, void, or annul, the Town's approval concerning 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.
* 4. Use of a private gated entrance is expressly prohibited.
* 5.
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. This permit requires training of contractors on BMPs for
construction activities. At the discretion of the City Engineer, a Storm Water
Pollution Prevention Plan (SWPPP) may be required for projects under five acres.
* 8.
]If the project is over five acres in size, a Notice of Intent (NOI) and Storm Water
Pollution Prevention Plan (SWPPP) shall be filed with the Regional Water Quality
Control Board and a copy given to the City Engineer prior to commencement of
any construction activity. A SWPPP shall be prepared as part of the preparation
of project improvement plans. The SWPPP shall supplement the erosion control
plan prepared for the project, if one is required. These documents shall also be
kept on-site while the project is under construction.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 28, 1998
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Rapp
Chairman
APPROVED AS TO FORM:
~ity Attorney ~
f:\planning\applicationsXMSMMS856-97\pbgzl
PAGE 12 OF RESOLUTION NO. 98-24