HomeMy WebLinkAbout99-30RESOLUTION NO. 99-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND MINOR SUBDIVISION REQUEST
MS 860-98 ALLOWING THE CREATION OF THREE RESIDENTIAL PARCELS
(APN: 197-100-015 & -025) - DAVIDSON
WHEREAS, Mike Affinito (APPLICANT) and Alton Davidson (OWNER) have requested
approval of a Minor Subdivision request to subdivide a 3.9 +/- acre site (consisting of two
existing parcels) into three single family residential parcels, resulting in one additional parcel; and
WHEREAS, the subject site is located on the north side of E1 Pinto Road, and is further
identified as Assessor's Parcel Number 197-100-015 & -025; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision request prior to recordation of a parcel map; and
WHEREAS, a Mitigated Negative Declaration of environmental significance has been prepared
for the project indicating that mitigation measures and/or modifications to the proposed project
have been required which would mitigate potential impacts to a less than significant level; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
August 10, 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 of the Minor
Subdivision MS 860-98 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.
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 three parcels (the subdivision created one new parcel).
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 goals and policies contained within the Danville 2010 General Plan, provisions
contained within the Town's Scenic Hillside and Major Ridgeline Ordinance, the
implementation of approved building envelopes, and the imposition of scenic easements,
Parcel A of this subdivision is not appropriate for further subdivision.
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 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 860-98 --
Davidson. The site is located north of E1 Pinto Road (APN: 197-100-015 & -025).
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
PAGE 2 OF RESOLUTION NO. 99-30
Vesting Tentative Map, as prepared by DeBolt Civil Engineering on June
26, 1999.
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 Care Facilities, Flood
Control & Water Conservation District (Drainage Areas and Mitigation), Plan
Checking, Inspection, Benefit Districts and Density Increase fees.
Prior to the issuance of a building permit, whichever occurs first, the applicant
shall reimburse the Town for notifying surrounding neighboring residents of the
public hearing. The fee shall be $121.50 (2 mailings X 81 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
SRVFPD's initial comments on this project are summarized in part in their
memorandum dated July 2, 1998.
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
PAGE 3 OF RESOLUTION NO. 99-30
in writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction work
on the site, including grading, the applicant shall install a minimum 3' x 3' sign
at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the job.
The applicant shall provide security fencing, to the satisfaction of the City Engineer
and/or the Chief Building Official, around the site during construction of the
project.
,
The applicant shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
10.
A watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as work days. Dust-
producing activities shall be discontinued during high wind periods.
11.
As part of the initial submittal for the final map, plan check, and/or building permit
review process (whichever occurs first), the applicant shall submit a written
Compliance Report detailing how the conditions of approval for this project has
been complied with. 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 is subject
to review and approval by the City Engineer and/or Chief of Planning and/or Chief
Building Official, and may be rejected by the Town if it is not comprehensive with
respect to the applicable conditions of approval.
12.
Prior to approval of a Building Permit, all projects must conform to the applicable
Uniform Building Codes and the California building codes.
* 13.
Planning Division sign-off is required prior to the completion of a Final Building
Inspection.
B. SITE PLANNING
PAGE 4 OF RESOLUTION NO. 99-30
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 from of a building.
Building Envelopes shall be established substantially as shown on the approved
Temative Map for the project. Prior to the approval of a final map, the building
envelopes for each parcel shall be surveyed, delineated and recorded with each
property. The survey and final delineation are subject to the review and approval
of the Planning Division.
Prior to the approval of a final map, scenic easemere covering all areas outside of
the building envelopes shall be dedicated to the Town of Danville. No
development shall be allowed in these scenic easemems.
5. No additional subdivision of land shall be allowed.
C. LANDSCAPING
Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be
submitted for review and approval by the Planning Division as part of the
Development Plan applications for the development of each parcel. 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. Substantial
planting of Oak trees and other evergreen trees shall be required on the downhill
side of each parcel to provide screening from the west.
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
PAGE 5 OF RESOLUTION NO. 99-30
ground cover, shall be a minimum of five gallons in size.
All landscaped areas, within the Building Envelopes, 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.
,
All Valley Oak trees on the project site, as recorded in the Tree Survey conducted
by HortScience in January 1999, shall be preserved. Tree #70, a 43-inch Valley
Oak tree, shall be saved. Prior to the issuance of a Building Permit for the parcel
specific development, the applicant shall retain an arborist to determine the
methods necessary to ensure the long term health and life of this Oak tree.
Mitigation measures shall be implemented prior to occupancy of the home.
The tree preservation guidelines established in the Tree Survey report performed
for this site (Tree Survey conducted by HortScience, Inc., dated January 1999)
shall be incorporated into the detailed site development plans for each parcel.
These guidelines shall include design recommendations, pre-construction
treatments, and tree protection recommendations during construction. These
recommendations shall be included on all improvement and building plans.
* 7.
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 retumed upon verification of the health of the trees following two full
growing seasons after project completion.
D. ARCHITECTURE
* 1.
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.
Development on each of these lots shall be subject to individual Development Plan
applications. No grading, clearing or grubbing of the site shall be allowed until
PAGE 6 OF RESOLUTION NO. 99-30
the approval of the Scenic Hillside Development Plan for each parcel.
,
As part of the Development Plan application submittal for the development of a
home on each parcel, samples of final materials and the proposed color palette
shall be submitted for review and approval as part of the Scenic Hillside
Development Plan review for each parcel.
Prior to the approval of a final map, the applicant shall record restrictions on each
parcel which specify that any future repainting or re-roofing of exteriors of the
homes shall be subject to the review and approval by the Town.
Prior to the issuance of a buildingpermit for each parcel, the construction plans
for the homes shall follow the mitigation measures outlined in the noise study
conducted by Illingworth & Rodkin, Inc. Compliance with these mitigation
measures is subject to the review and approval of the Town's Building Official.
Only open wire fencing is permitted on the perimeter of each of these parcels. As
part of the Development Plan application submittal for the development of a home
on each parcel, the applicant shall indicate the location and type of any proposed
open wire fencing.
Building materials and colors utilized for each home within this subdivision shall
minimize contrast with hillsides by using natural materials and earthtone colors.
All lighting proposed for each home shall be down-directed and minimizes impact
on adjacent properties as well as the public view shed. All lighting proposed for
each parcel shall be minimal and shall not be brightly lit. Any proposed lighting
is subject to the review and approval of the Town.
10.
All homes on each parcel in this subdivision shall be subject to a 28-foot height
limit.
11.
Buildings shall be designed to minimize bulkiness on hillside terrain. Flat pad
construction on hillside terrain is inappropriate. Step foundations shall be used as
appropriate to minimize the bulkiness
E. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of those
property owners affected.
PAGE 7 OF RESOLUTION NO. 99-30
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 boundmy of
the project site, to the homeowner associations of nearby residential projects and
to the Town of DanviIle 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 eorrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
Grading on the property shall be completed in compliance with a Geotechnical
Investigationprepared for this project by Tetrasearch, Inc., dated October 30,
1998. 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 Geotechnical Investigation, a revised geotechnical
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.
PAGE 8 OF RESOLUTION NO. 99-30
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 Depattment, 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.
10.
All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concems. 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.
Because a proposed lot has been removed from the original submittal of the
project, grading at the far westem edge of the property is not necessary. Prior to
the approval of a final map, the applicant shall revise the project plans to reflect
no grading at the western edge of Parcel A, unless approved by the City Engineer
for drainage purposes only.
12.
Grading, as shown on Tentative Map, is specifically not approved. Grading and
all site development alterations shall be subject to review and approval by the
Town under separate Scenic Hillside Development Plan applications for each
residential parcel.
F. STREETS
* 1.
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.
* 2. Street signing shall be installed by the applicant as may be required by the City
PAGE 9 OF RESOLUTION NO. 99-30
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 eartied 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.
* 5.
All improvements within the public right-of-way, including curb, gutter, driveways,
paving and milities, shall be constructed in accordance with approved standards
and/or plans and shall comply with the standard plans and specifications of the
Developmere Services Departmere 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.
The applicant shall reconstruct the existing E1 Pinto Road, from center line to the
existing edge of pavemere, along the subdivision's E1 Pimo Road fromage, if
determined necessary by the City Engineer.
The applicant shall install curb and gutter along the subdivision's E1 Pimo Road
frontage, if determined necessary by the City Engineer.
,
The applicant shall dedicate abutter's rights for all fromage improvemems, with
the exception of the driveways.
G. INFRASTRUCTURE
* 1.
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Ufdity 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 Sanitary District (CCCSD) sewer
system in accordance with the requirements of CCCSD.
PAGE 10 OF RESOLUTION NO. 99-30
,
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 required improvements to area creeks for drainage purposes shall meet the
requirements of existing Town of Danville, Contra Costa County Flood Control
& Water Conservation District, the Department of Fish & Game, the Department
of U.S. Fish and Wildlife, Califomia Regional Water Quality Control Board and
the United States Army Corps of Engineers codes and policies.
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, as
determined necessary by the City Engineer.
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 curbs.
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 fumish 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.
10.
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.
11. All new utilities required to serve the development shall be installed underground.
PAGE 11 OF RESOLUTION NO. 99-30
12.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
13.
Prior to recordation of the parcel map, the applicant wouM be required to
complete a drainage study to veriJ~ that the existing storm drain capacity can
accommodate the project's additional contribution to the system. The applicant
shall be required to make identified necessary improvements to the system as part
of the improvementplans for the subdivision, if deemed necessary by the City
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 or revised Minor
Subdivision process.
* 3.
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.
PAGE 12 OF RESOLUTION NO. 99-30
APPROVED by the Danville Planning Commission at a Regular Meeting on August 10, 1999,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Chairman
City Attorney
F:/planning/application~ras/1998ms/ms860-98/pc staffreport ms860-98
PAGE 13 OF RESOLUTION NO. 99-30