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HomeMy WebLinkAbout98-43 EXHIBIT A RESOLUTION NO. 98-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MINOR SUBDIVISION REQUEST MS 859-98 ALLOWING THE CREATION OF THREE RESIDENTIAL PARCELS (APN: 197-162-015) -- TROMP WHEREAS, Karmont Development, Inc. (APPLICANT) and Brad Candau (OWNER) have requested approval of a Minor Subdivision request to subdivide a 5.26 +/- acre site into three single family residential parcels, resulting in two additional parcels; and WHEREAS, the subject site is located on the west side of El Pintado Road, at 739 El Pintado Road, and is identified as Assessor's Parcel Number 197-162-015; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision prior to recordation of a parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 22, 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 of the Minor Subdivision request 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. PAGE 1 OF RESOLUTION NO. 98-43 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 three 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. 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 three parcel Minor Subdivision identified as MS 859-98 -- Tromp. The site is located at 739 El Pintado Road (APN: 197-162-015). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map MS 859-98, as prepared by DeBolt Civil Engineering, dated received by the Planning Division on July 21, 1998. The applicant shall pay or be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Cam Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan ""' PAGE 2 OF RESOLUTION NO. 98-43 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 public hearing. The fee shall be $ 97.50 (130 notices X $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 (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 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 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 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 PAGE 3 OF RESOLUTION NO. 98-43 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. The existing concrete blocks/debris located along the west property line of Parcels A and B shall be removed from the site prior to 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. Any on-site wells and septic systems shall be destroyed in accordance with Conira Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. The maintenance of existing on-site wells shall be allowed for landscape purposes subject to review and approval by the Contra Costa County Health Se~wices Department - Environmental Health Division. PAGE 4 OF RESOLUTION NO. 98-43 D, Development of future homes on these pareels shall be located within the building envelopes as shown on the tentative map for the project. A scenic easement covering all areas outside of the building envelopes and the access driveway shall be dedicated to the Town of Danville. No structures or significant grading will be allowed within the scenic easement. Future development within the parcels created by this subdivision shall comply with all restrictions established under the Town's R-65; Single Family Residential District Ordinance. 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. All existing oak trees on the site shall be preserved. If site construction activity occurs in direct vicinity of an oak tree 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 prior to issuance of a permit allowing activity within the vicinity of any trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. ARCHITECTURE Development of all three parcels created by this subdivision shall be subject to review and approval by the Town under separate Scenic Hillside Development Plan applications. All future development shall be consistent with the requirements of the Town's Major Ridgeline and Scenic Hillside Development Ordinance and the Town's Hillside Design Guidelines. 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 PAGE 5 OF RESOLUTION NO. 98-43 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. 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. PAGE 6 OF RESOLUTION NO. 98-43 10. 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. STREETS * 3. * 4. * 5. 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. * 6. 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. 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. ""' PAGE 7 OF RESOLUTION NO. 98-43 A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. The applicant shall dedicate a street and public utility easement to provide for an ultimate 7.5 meter one-half street width along the entire E1 Pintado street frontage. This subdivision will be required to prepare improvement plans and construct the following improvements along El Pintado Road: 1)widen the street paving section (where necessary) to provide a minimum 4.35 meter (14 foot) section on the southerly and westerly side of the centerline (no curb or gutter required); 2) adequate provision for street-side drainage shall be provided abutting the edge of pavement: 3) provide a minimum 2:1 slope from any drainage swale back onto private property. Based on the Town Council's direction through the Council's approval of Minor Subdivision MS 853-96 -- Shankar (799 El Pintado Road), the applicant shall enter into a deferred improvement agreement with the Town to install the above described improvements at a future time, as found appropriate by the Town, as part of a larger road improvement project. As an alternative to the street widening, the applicant shall re-construct the existing E1 Pintado Road from the road's centerline to the existing edge of pavement along the subdivision's frontage. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the PAGE 8 OF RESOLUTION NO. 98-43 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. If a 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. 11. Prior to recordation of the parcel map, a drainage study shall be prepared addressing the site drainage and addressing downstream drainage deficiencies to the nearest publicly maintained storm drain piped system, subject to review and approval by the City Engineer prior to issuance of a building permit. The subdivider shall be responsible for completing and identified necessary improvements. MISCELLANEOUS The parcel map shall be recorded and improvements installed 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 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 PAGE 9 OF RESOLUTION NO. 98-43 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. * 4. If determined necessary by the Town, 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 September 22, 1998, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Hunt, Jameson, Magliano, Moran, Osborn, Rapp Chairman APPROVED AS TO FORM: City Attorney Chief of/~ PAGE 10 OF RESOLUTION NO. 98-43