Loading...
HomeMy WebLinkAbout99-11 EXHIBIT A RESOLUTION NO. 99-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING MAJOR SUBDIVISION REQUEST SD 8106 ALLOWING A 5-LOT SUBDIVISION ON A 2.24 +/- ACRE SITE LOCATED ON THE EAST SIDE OF GREEN VALLEY ROAD NEAR THE TERMINUS OF HOPE LANE WHEREAS, John Ramos has requested approval of a Major Subdivision application (SD 8106) to subdivide a 2.24 acre site into five lots; and WHEREAS, the subject site is located on the east side of Green Valley Road, near the terminus of Hope Land and at the terminus of Pulido Road to the east and is further identified as Assessor's Parcel Number 195-080-048; 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 March 23, 1999; 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 grm~t of a Mitigated Negative Declaration of Environmental Significance and approves Major Subdivision request SD 8016 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 5 new parcels. PAGE 1 OF RESOLUTION NO. 99-11 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. All Conditions of Approval shown in italic text are recommended Mitigation Measures, derived from the Mitigated Negative Declaration prepared for this project. 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 5-1ot subdivision identified as SD 8106 and also identified as "Hope Lane Heights." 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 "Hope Lane Heights - SD 8106," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on March 5, 1999. Hydraulic Plan as prepared by DeBolt Civil Engineering, dated received by the Planning Division on March 5, 1999. * 2. 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 PAGE 2 OF RESOLUTION NO. 99-11 action. Notice should be taken specifically of the Town's Park Land In-lieu, Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, North East Benefit District, 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 $ 207.00 138 notices x 2 noticings 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 California Aroheology 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. PAGE 3 OF RESOLUTION NO. 99-11 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. 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. * 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 ofcompliance 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. 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 on Lots 1-4 of this subdivision shall comply with the Town's R-12; Single Family Residential District Ordinance standards. The home to be constructed on Lot 5 shall comply with the Town's R-20; Single Family PAGE 4 OF RESOLUTION NO. 99-11 C, Residential District standards. The developer shall incorporate the remnant triangle (with legs of 30' and 50') located on the north side of Hope Lane adjacent to Lot 1 into Lot 1 through a lot line adjustment prior to or concurrently with the recordation of the final map. Any necessary retaining walls associated with the construction of the access road shall be limited to a height of three feet. All walls shall have a minimum horizontal separation of three feet. The existing concrete pads and wood retaining walls shall be removed in conjunction with the approval and construction of improvements for this project. The existing asphalt roadway which runs from east to west through the site shall be removed. The roadway shall be re-graded to conform with the natural contours of the land. No through vehicular access will be allowed through this development. A scenic easement shall be required over Lot 5 which generally covers all portions of the lot not proposed for development as shown on the schematic grading and floor plans on the project tentative map. This scenic easement shall be subject to review by the Planning Division and shall be recorded concurrently with the recordation of the final map. The final location of the scenic easement may be adjusted, if necessary, to accommodate development as approved as part of the Development Plan application for the lot. This development shall be required to dedicate a public access easement and construct a six foot wide asphalt trail from Pulido Road to Hope Lane, if found to be feasible by the Town prior to recordation of the final map. The exact location of the trail shall be determined through the review of individual Development Plan applications for the homes built within this subdivision. Deed notifications shall be recorded to run with the titles of all lots within this subdivision notifying future property owners that the trail requirement will be imposed prior to issuance of building permits for construction of homes within this subdivision. LANDSCAPING The developer shall be responsible for planting at least two street trees per lot (three for comer lots). A final landscape plan shall be submitted to the Town for approval prior to issuance of building permits for the project. A minimum of six evergreen trees (minimum 15 gallon container size) shall be planted and maintained along the development's west property line (rear of Lot 1). 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. PAGE 5 OF RESOLUTION NO. 99-11 The applicant/builder shall develop a minimum of three landscape alternatives for front 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. D, In order to mitigate the two 10" oak trees authorized for removal, the developer shall plant six new minimum 15 gallon box size oak trees on the site. These trees shall be in addition to any other trees required as part of this approval. Prior to issuance of building permits for any home in this project, the applicant shall submit a fencing plan for the project which depicts to the location and types of various project fences. Installation of project fencing shall be the developer's responsibility and shall include open wire fencing for perimeter fencing around Lot 5, on the east (rear) property line of Lot 4 and between Lots 3 and 4. The applicant shall be responsible for constructing a new six foot high solid wood fence along the site's west and north property lines. This approval authorizes the removal of nine trees as listed in Exhibit G of this report. All other trees on the site shall be retained and incorporated into the development plans for the homes to be built on all of the lots. The six redwood trees mid-slope on Lot 5 shall be preserved. 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. , Homes to be built on all Lots 1-4 within the subdivision shall be subject to review and approval by the Town under separate Development Plan applications. All Development Plans shall require approval by the Planning Commission, and shall comply with the following design criteria: PAGE 6 OF RESOLUTION NO. 99-11 The same unit, with a matching architectural elevation, shall not be utilized twice within the project. b, All four exterior elevations within the project shall be architecturally dimensioned, trimmed, and detailed similar to the front elevations. Trim material around doors and windows shall have a minimum width of 1-5/8 inches. Substantial variations shall be included in the roof lines proposed for each unit. For Lots 1-4, white stucco finishes and/or red tile roofs are discouraged in favor of beige or earthtone colors. e. The home to be built on Lot 1 shall be limited to one story. f. All units shall have a maximum height of 28 feet. The home to be built on Lot 5 shall be subject to review and approval by the Town under a separate Development Plan application, subject to review and approval by the Design Review Board and the Planning Commission, and shall comply with the following design criteria: While the general size and location is approved, the specific grading and building footprint depicted for Lot 5 on the tentative map is not approved as part of this permit. Flat pad grading is not allowed. The home shall be constructed with a full story (minimum eight-foot) split to minimize grading. In stepping down the hill, the home shall be built into the hillside to the extent possible (i.e., utilizing rear walls as retaining walls), rather than cantilevering the home out over the slope. The second story of the from (downhill) elevation of the home shall "step back" at least 10 feet from the first floor from wall to minimize the mass and bulk of the home. Minimal skirting will be allowed on the downhill elevation. The home shall comply with all requirements of the Town's Grading Ordinance, Major Ridgeline and Scenic Hillside Ordinance, and Hillside Design Guidelines. Real wood siding, not masonite or equivalent, shall be utilized as the exterior siding material for the homes built within this subdivision which are to have wood siding. PAGE 7 OF RESOLUTION NO. 99-11 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. A maximum of three garage doors shall be allowed on any front (street facing) elevation for all units in this development. The project developer shall include entry signage on both sides of the roadway as you enter the project (just east of the existing terminus of Hope Lane). 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. * 4. Future development of all lots within this subdivision shall be completed in compliance with a detailed soils and geotechnical report prepared by a licensed geotechnical engineer and the construction grading plans prepared for this specific project. Previous soils reports, prepared for projects other than this specific project, will not be acceptable. The engineering recommendations outlined in the project specific soils and geotechnical repoFt shall be incorporated into the design of homes built within this subdivision. The report shall include specific recommendations for foundation designs and shall be subject to review and approval by the Town~ Engineering and Planning Divisions prior to issuance of a grading permit. A licensed Geotechnical Engineer must prepare, stamp, and sign the soils and geotechnical report. 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. PAGE 8 OF RESOLUTION NO. 99-11 * 5~ * 6~ * 7. * 8. * 9. , 10. 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 Costs 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. 11. A licensed Geotechnical Engineer shah be required to review, sign, and stamp the final grading plan. Grading shah be required to comply with the Town's Grading Ordinance, and shah be subject to review by the Town's Grading Inspector, prior to issuance of building permits. 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. PAGE 9 OF RESOLUTION NO. 99-11 , 10. 11. 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. 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 & b. If applicable, a satisfactory private storm drain maintenance agreement shall be submitted for approval of the City Attomey 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, as found necessary by the City Engineer. Construction traffic associated with the construction of subdivision improvements shall enter and exit the site from Hope Lane, not via Walngarth. Construction related vehicular trips shall not be allowed during the moming and aftemoon 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 PAGE 10 OF RESOLUTION NO. 99-11 12. 13. 14. 15. 16. 17. 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. Hope Lane, from Green Valley Road to the southerly extension of this subdivisions westerly limits, shall be improved to public street standards with street pa'f~ng, to provide for a 9 meter roadway (1 parking lane and two driving lanes), with a temporary asphalt berm on the southerly side. A pavement overlay will be required for the existing paved section. The roadway will be widened to 11 meters in the future by others. Construct a temporary 1.5 meter asphalt sidewalk on the south side of the roadway. Hope Lane, from the current easterly terminus of Hope Lane east, shall be improved as an 11 meter wide curb to curb public street with a 1.5-meter wide concrete sidewalk on the southerly side of the roadway, extending completely around the cul-de-sac to the driveway serving Lot 1. One street light will be required in the cul-de-sac. The cul-de-sac radius shall be 11 meters. This development shall include a storm drain system sufficient to carry all existing and new storm water run-off from this site. The developer shall be responsible to extend the storm drain line to the existing storm drain system under Green Valley Road (i.e., the water shall not surface flow down Hope Lane). The subdivider shall provide adequate documentation acceptable to the Town to assure the on-going maintenance of all private storm drain facilities constructed as part of this development. Sueh documentation shall be in the form of a deed restriction or related document recorded against the property, and shall include provisions for Town authorization to compel compliance with on-going maintenance of private storm drainage facilities. A street name sign shall be constructed to clearly identify the portion of Pulido Road within this subdivision as a private road. Prior to recordation of the final map for this project, the City Engineer shall review the appropriateness of replacing the free right-hand turn from east-bound Stone Valley Road to south-bound Green Valley Road with a stop sign. The intersection shall be modified to incorporate the stop sign if found appropriate by the City Engineer. G. INFRASTRUCTURE PAGE 11 OF RESOLUTION NO. 99-11 10. 11. 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. 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. 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. 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 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 runoff from public streets shall be installed within a dedicated drainage easement, or public street. 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. All new utilities required to serve the development shall be installed underground. All street, drainage, or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 12 OF RESOLUTION NO. 99-11 MISCELLANEOUS 1. 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. 3. 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. * 4. 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. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on March 23, 1999, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Moran, Osborn, Rapp Jameson Hunt PPROVED AS TO FORM: Chairman City Attorney Chief PAGE 13 OF RESOLUTION NO. 99-11