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HomeMy WebLinkAbout98-38 EXHIBIT A RESOLUTION NO. 98-38 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MAJOR SUBDIVISION REQUEST SD 8099 ALLOWING A SIX LOT SUBDIVISION (APN: 197-161-068 --- KARMONT) WHEREAS, John and Patricia Karlskind have requested approval of a Major Subdivision request (SD 8099) to allow a six lot subdivision on a 10.8 +/- acre site; and WHEREAS, the subject site is located at 40 Cortaderia Court and is further identified as Assessor' s Parcel Number 197 - 161-068; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Major Subdivision - Tentative Map prior to recordation of a Final Map; and WHEREAS, a Draft Mitigated Negative Declaration Environmental Significance has been prepared for this project indicated that potentially significant environmental impacts have been mitigated through project modifications or recommended Conditions of Approval; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 25; 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 Maj or Subdivision request (SD 8099) per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. 2. 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 six 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 proeprty 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, as conditioned, 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. 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 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 Major Subdivision request (SD 8099) to subdivide a 10. 8 +/- acre parcel into six approximately 65,000 +/- square foot lots. This site is located at 40 Cortaderia Court, and is also identified as Assessor's Parcel Number 197- 161-068. Development shall be substantially as shown on the tentative parcel map labeled "Karmont Property," as prepared by David Evans and Associates, Inc., dated received by the Planning Division on August 19, 1998. * 2. The applicant shall pay or be subject to any and all Town and other related fees PAGE 2 OF RESOLUTION NO. 98-38 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 speeifically 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 a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the initial project notice, notice of a public hearing and notice of a neighborhood meeting. The fee shall be $425.25 ( 189 notices X $0.75 per notice X 3 mail-outs). 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 April 22, 1998. The applicant shall submit to the Town of Danville a fee in the amount of $25 which is required to file a Notice of Determination for the project. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. 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. 8. The applicant shall provide security fencing, to the satisfaction of the City PAGE 3 OF RESOLUTION NO. 98-38 10. 11. 12. 13. 14. 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. A watering program which incorporates the use of a dust suppressmat, 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. 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. At the time of submittal of the subdivision map and improvement plans 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. The development of all future homes, including all associated landscaping and appurtenant structures, on each of the six lots approved as part of this subdivision shall be subject to the review and approval of the Planning Division and the Design Review Board under separate Development Plan applications. Prior to approval of the final map, the building envelopes on Lots 2 and 3 shall be reduced to an area substantially consistent with the areas shown on Exhibit E of this staff report. The reduced areas shown on this exhibit shall be shown on the final map for this project. PAGE 4 OF RESOLUTION NO. 98-38 15. A deed restriction shall be recorded with the title to all lots within this subdivision to read: "All future development on each of these six lots shall be limited to be within the building envelopes delineated on the subdivision map. Development shall be defined as all structures, earth movements, or activities which require a permit from the Town of Danville (including arbors, gazebos, sport courts, and swimming pools). All areas outside of these building envelopes shall be dedicated to the Town of Danville as a scenic easement." 16. Prior to final map approval, the subdivision map shall be revised to identify the "pad areas" as "Building Envelopes." The subdivision map shall further be revised to identify all areas outside of the building envelopes as scenic easements. 17. Prior to final map approval, the building envelope for each parcel shall be clearly delineated and surveyed. The applicant shall also provide the Town with a legal description for each building envelope along with the legal description for each lot. 18 Prior to the issuance of a building permit for each lot, the building envelope's boundaries shall be permanently staked. SITE PLANNiNG A deed restriction shall be recorded with the title to all lots within this subdivision to read: "All outdoor 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 proposed futom tennis courts, sport courts, and/or outdoor recreation areas of this type shall be subject to the review and approval of the Planning Division." 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. LANDSCAPiNG Final landscape and irrigation plans (with planting shown at 1 "-20' scale) shall be submitted for review and approval by the Town as part of individual Development Plan applications for the development of each lot. 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. PAGE 5 OF RESOLUTION NO. 98-38 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. This permit authorizes the removal of one large, and non-native, Eucalyptus tree (not a Town-protected tree) located between Lot 4 and the existing home on APN 197-161-065. Any future tree removal requests are subject to the Town's Tree Protection Ordinance and shall be reviewed on a case by case basis. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees (see project tree survey), 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. The landscaping on Lots 1, 2, 3, and 4 shall be designed and planted to buffer and soften the future homes on these lots on the hillside. To avoid the visual parcelization of this scenic hillside, only open fencing is permitted within this subdivision. To help screen the proposed paved access road and minimize the impact of car headlights descending down the hillside from impacting the adjacent neighborhood, the applicant shall plant landscaping (shrubs and trees) and/or install a berm along the southern border of the access road and between Lots 2 and 3. A tree protection and replacement program shall be implemented to include. but not be limited. to the following components.' The location and extent of the dripline of all trees within 25 0~et of the building envelope shall be j~nced during construction. This' fencing requirement shall be shown on all construction, grading, and drainage PAGE 6 OF RESOLUTION NO. 98-38 plans prior to the issuance of a building permit. No equipment storage or staging areas' shall be allowed within the dripline of any tree on the project site. This' requirement shall be noted on all constt~tction, grading, and drainage plans prior to the issuance of a building permit. Drainage plans shall be designed so that all oak tree trunk areas are properly drained to avoid ponding. These ~nal plans shah be subject to review and approval by the Planning and Engineering Divisions. d No artificial surface, pervious or impervious, shall be placed or constructed withilt sixpet of the dripline of any Oak tree. Any roots encountered that are one inch in diameter or greater shall be cleanly cut. f. No permanent irrigation shall occur within the dripline of any existing Oak tree. On& designated trees identified through the approval of the subdivision, are allowed to be removed Tree identified for removal shall be replaced on a 3.'1 ratio, and planted on tile lot which it was' removed from. This mitigation measure shall be recorded with the title .for all lots' with existing mature Oak trees. 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. Samples of final materials and the proposed color pallet shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board and Planning Commission prior to PAGE 7 OF RESOLUTION NO. 98-38 issuance of building permits for the project. The applicant shall pay all necessary fees to ensure that notification of any proposed home on each newly created lot. A deed restriction shall be recorded with the title to all lots within this subdivision to read: "Any repainting or reroofing of the future homes within this subdivision shall be subject to the review and approval of the Design Review Board." All fitture development on each newly created parcel within this subdivision shah be subject to the following criteria: Each proposed new home within this subdivision shah be subject to a Development Plan (the review and approval of the Planning Division and the Design Review Board). Each proposed new home within this subdivision shah be subject to regulations contained in the Town [~ Scenic Hillside andMajor Ridgeline Development Ordinance as well as the Hillside/Ridgeline Design Guidelines. All future development of primary residences shall be oriented in a manner which is sensitive to the privacy of the existing surrounding residential developments. To minimize contrast with the hillsides, all future primary and accessory structures developed within this subdivision shall utilize earth tones and natural materials. Buildings shall be designed to minimize bulkiness on hillside terrain. Recesses, overhangs, and other design methods shall be used to reduce building mass. GRADING * 3. * 4. The preliminary grading shown on the tentative map is not approved as part of this permit. All final grading plans are subject to the review and approval of the Town at the time of individual Development Plan review processes for each lot on the subdivision. Development on all lots shall utilize a step foundation whenever building footprints encroach upon a slope. 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 ~- PAGE 8 OF RESOLUTION NO. 98-38 10. site and mail to the owners of property within 300 feet of the exterior boundm3~ 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 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. PAGE 9 OF RESOLUTION NO. 98-38 11. 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. 12. 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 the City Engineer. Prior to final map approval, the applicant shall submit for review and approval, an erosion control plan which details the location and installation of erosion control structures. 14. Prior to the issuance of a grading permit, all erosion control measures shall be installed. 15. All graded hillsides shall be re-seeded with hydroseed 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 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 slur~j 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 PAGE 10 OF RESOLUTION NO. 98-38 approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXX1 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. Prior to final map approval, a satisfactory private road and private storm drain maintenance agreement shall be submitted subject to the review and approval of the City Attorney. This condition shall be recorded with the title to each lot prior to the issuance of a building permit. The minimum width for the access road which provides access to each parcel from El Pintado Road shall be 20 feet, or as determined by the San Ramon Valley Fire District. Prior to final map approval, the breakaway gate design located between Lots 5 and 6 shall be submitted for review and approval by the Town. Prior to final map approval, the gate shall be installed or a deposit for the amount of the gate purchase and installation shall be submitted to the Town. The deposit shall not be released until the gate has been installed. No grading building permits for any lot within this subdivision shall be issues until the gate has been installed. G. INFRASTRUCTURE * 1. 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. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitm'y District (CCCSD) sewer system in accordance with the requirements of CCCSD. * 3. 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). * 4. 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. * 5. Roof drainage from structures shall be collected via a closed pipe and conveyed PAGE 11 OF RESOLUTION NO. 98-38 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. 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. 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. 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. Use of a private gated entrance at E1 Pintado Road for more than one house is expressly prohibited (this condition is not referring to the breakaway gate between Lots 5 and 6). PAGE 12 OF RESOLUTION NO. 98-38 APPROVED by the Danville Planning Commission at a Regular Meeting on August 25, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Bowlby, Combs, Jameson, Magliano, Rapp, Moran Hunt Chairman APPROVED AS TO FORM: City Attorney 4 _, Y'~ Chief of Plann'~ PAGE 13 OF RESOLUTION NO. 98-38