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HomeMy WebLinkAbout98-41 EXHIBIT A RESOLUTION NO. 98-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MAJOR SUBDIVISION REQUEST SD 8141 ALLOWING A 13-LOT SUBDIVISION ON A 4.43 +/- ACRE SITE LOCATED AT 1752 GREEN VALLEY ROAD (APN: 195-090-003,004 -- DAVIDON HOMES) WHEREAS, Davidon Homes has requested approval of a 13-1ot subdivision on a 4.43 +/- acre site; and WHEREAS, the subject site is located on the east side of Green Valley Road, at 1752 Green Valley Road and is further identified as Assessor's Parcel Number 195-090-003,004; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative subdivision map prior to recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 25, 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 Danvilte approves the grant of a Negative Declaration of Environmental Significance and approves Major Subdivision request SD 8141 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. 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 13 new parcels. PAGE 1 OF RESOLUTION NO. 98-41 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 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 * 1. This approval is for a 13-1ot subdivision identified as SD 8141 and also identified as "The Crossings." Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map labeled "The Crossings," as prepared by dk Associates, dated received by the Planning Division on October 9, 1998. Landscape and Fence Plan labeled "Subdivision 8141 -- The Crossings," as. prepared by Rose Associates, dated received by the Planning Division on August 19, 1998. Architectural Plans and Floor Plans as prepared by Bassenian/Logoni dated received by the Planning Division on August 19, 1998. Revised Grading Plan for the area between Lot 10 and the Texeira residence to the south, as prepared by dk Associates, dated received by the Planning Division on August 20, 1998. PAGE 2 OF RESOLUTION NO. 98-41 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 Park Land In-lieu ($31,680.00) Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, and Base Map revision 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 public hearing. The fee paid to the Town shall be $162.00 (216 notices at $0.75 per notice). 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 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 as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case 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 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. PAGE 3 OF RESOLUTION NO. 98-41 Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust- producing activities shall be discontinued during high wind periods. 11. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. A temporary vehicular tumaround shall be provided at the end of the completed section of loop roadway to allow separation of resident traffic and construction traffic. 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. PAGE 4 OF RESOLUTION NO. 98-41 B. SITE PLANNiNG * 1. 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. 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. Structures to be constructed as part of this development shall comply with the Town' s R-l 0; Single Family Residential District Ordinance. , Structures to be constructed as part of this development shall comply with the Town's R-10; Single Family Residential District Ordinance. Grading and drainage improvements shall be as shown on Exhibit F of the August 25, 1998 Planning Commission staff report for this project. The treatment shown on the above referenced tentative map is not approved. LANDSCAPiNG Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. 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. , All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. A minimum of two street trees per lot (three for comer lots) shall be incorporated into the final landscape and irrigation plan for the project. PAGE 5 OF RESOLUTION NO. 98-41 Additional evergreen trees (minimum 15 gallon container size), at least three per lot, shall be planted and maintained along the development' s south property (Lots 7-10). The trees shall be planted with the consultation of adjacent property owners to the south regarding the type of tree and the exact location of the trees. The landscape area between the project fence and Green Valley Road shall be maintained by the Town of Danville. The developer shall install landscaping and irrigation in this area consistent with Town standards with said installation subject to review and approval prior to the Town's acceptance of maintenance responsibilities. The applicant shall redesign the grading in the rear portion of Lots 7 and 8 to preserve the three 20+ inch elms trees in this area. The plan may require low retaining walls around the base of these trees. The applicant shall develop a minimum of throe landscape alternatives for from yard landscaping within this development. The landscape alternatives shall be submitted for review and approval by the Planning Division and the Town's Design Review Board prior to issuance of building permits for the project. Home buyers shall be offered the option to buy one of the landscape alternatives to be installed by the developer. Developer installed frontyard landscaping shall be installed prior to occupancy of the home. If frontyard landscaping is installed privately by the homeowner, the landscaping shall be installed within six month of the occupancy of the home. This requirement shall be included in the CC&Rs prepared for this development. 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. 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 prior to issuance of building permits for the project. 5. Real wood siding, not masonite or equivalent, shall be utilized as the exterior siding PAGE 6 OF RESOLUTION NO. 98-41 material for the homes built within this subdivision which are to have wood siding. For lots which incorporate the detached second dwelling unit, where feasible, a door shall be constructed in the side or rear of the primary structure's garage to allow easy access from the garage to the second dwelling unit, subject to review by the Town's Design Review Board prior to issuance of building permits for the project.. All colors, materials and fenestration of the second dwelling units shall match the primary structure on that lot. 8. The second dwelling units shall be constructed on Lots 4, 6, and 13. 11. Colors and materials for the homes built as part of this subdivision shah be as shown on the color and material board for this project on file with the Planning Division. 12. Project fencing shall be of solid wood design and shall utilize minimum 4"x 4" pressure treated douglas fir or redwood posts and 2"x 8" (minimum width and height) kickboards, unless otherwise approved by the Planning Division. 13. The proposed maintenance gates in the fence along the Green Valley Road frontage shall be eliminated. At least two of the four units which abut Hope Lane shall utilize an elevation with wood siding. A maximum of three garage doors shall be allowed on any front (street facing) elevation GRADING * 2. * 3. 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 shah 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 PAGE 7 OF RESOLUTION NO. 98-41 10. 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 phm 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. 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 (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. PAGE 8 OF RESOLUTION NO. 98-41 STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public fight-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 installed shall be subject to review and approval by the Transportation Division and the Police Department. , All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 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. 6. Handicapped ramps shall be provided and located as required by the City Engineer. 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 & h A satisfactory private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. The applicant shall be responsible for placing traffic signage and pavement markings prohibiting the blocking of the Green Valley Road/Waingarth Way intersection and the Green Valley Road/Hope Lane intersection, and signage prohibiting through traffic through the Waingarth Way and Hope Lane loop, as found necessary by the City Engineer. 10. Construction traffic associated with the construction of subdivision improvements shall enter and exit the site directly fi'om Green Valley Road, not from Waingarth Way or Hope Lane. Traffic associated with building construction shall also enter directly PAGE 9 OF RESOLUTION NO. 98-41 11. 12. 13. 15. 16. from Green Valley Road to the extent possible. Construction related vehicular trips shall not be allowed during the morning and afternoon peak traffic periods on Green Valley Road (i.e., prior to 8:30 a.m. and between 3:00 and 4:00 p.m.). All contractors and sub-contractors related to this development shall be made aware of this restriction. The applicant shall summit a construction schedule including typical daily work hours to the Planning Division prior to issuance of building permits for the project. Failure to comply with this condition may result in the Town suspending construction activity on the site. With the recordation of the final map, the developer shall abandon all abutters rights to Green Valley Road. The applicant shall install speed bumps on Waingarth Way and/or Hope Lane, as found necessary by the City Engineer. Design and improve Green Valley Road as a 12.2 meter wide curb-to-curb street within a 18.3 meter right-of-way to Town standards along the frontage of this subdivision as follows: 2. 3. 4. Construct the easterly curb to match existing curbs, 20' from the cente~ine Construct 1.5 meter wide sidewalk Install 2 street lights Construct street paving from the existing centerline to the new easterly curb (may involve reconstruction or overlay) Extend the sidewalk on the east side of Green Valley Road, southerly off-site to the existing bus stop south of this subdivision Design and improve Hope Lane as a 11 meter wide curb to curb street within a 14 meter wide public street right of way. The southerly side of Hope Lane shall be improved with curb and gutter (11 meters from existing curb) and 1.5 meter wide abutting sidewalk and 1.5 meter wide abutting public utility easement. Install 2 street lights Construct street paving from the existing paving section to the new southerly curb. An underground storm drainage system shall be incorporated into Hope Lane to carry street surface water to either the existing storm drain on the east side of Green Valley Road a few meters south of the Hope Lane intersection, or to the proposed system carrying water into A Court. Design and improve the interior streets (Waingarth Way and A Court) as shown on the proposed tentative map. PAGE 10 OF RESOLUTION NO. 98-41 17. The proposed stonn drain system east of Waingarth is to be a private system. The subdivider shall provide adequate documentation acceptable to the Town, on the future maintenance of this drainage system. 18. Provisions shall be made for an emergency over-land flow drainage system, to accommodate the potential for a blocked storm drain from A Court to Green Valley Road. If found to be appropriate by the Town's Traffic Engineer, the applicant shall be required to install a crosswalk across Green Valley Road at the north comer of Green Valley Road and Waingarth Way. The crosswalk design shall be consistent with Town standards, subject to review and approval by the city engineer. 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 water system in accordance with the requirements of the District. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. * 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. * 4. * 5. All ranoff 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 ranoff from public streets shall be installed within a dedicated drainage easement, or public street. 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 11 OF RESOLUTION NO. 98-41 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. 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. 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. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. 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 m~d debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. Consistent with the requirements of the Town's Inclusionary Housing Ordinance, this development shall be required to incorporate second dwelling units into three of the 13 lots approved as part of this subdivision. If rented, these units shall be rented to a qualifying household at an affordable rate as defined by the Town's PAGE 12 OF RESOLUTION NO. 98-41 Inclusionary Housing Ordinance. The developer shall enter into a formal agreemere with the Town which specifies the maximum income of the tenters and regulates the terms of occupancy. This agreement shall be subject to review and approval by the Danville Town Council prior to recordation of the initial Final Map for the project. APPROVED by the Danville Planning Commission at a Regular Meeting on October 13, 1998, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Jameson, Magliano, Osborn, Moran, Rapp Hunt APPROVED AS TO FORM: ~'~ Chairman City Attorney Chi~ [\planningXapplicationsxsd~sdgl41~s~ffreport2 PAGE 13 OF RESOLUTION NO. 98-41