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HomeMy WebLinkAbout99-38RESOLUTION NO. 99-38 APPROVING MINOR SUBDIVISION REQUEST MS 851-99 ALLOWING THE SUBDIVISION OF A 32,000 +/- SQUARE FOOT PARCEL INTO TWO PARCELS, RESULTING IN ONE ADDITIONAL PARCEL (APN: 196-290-029 - HECK) WHEREAS, Tim and Lauralne Heck have requested approval of a Minor Subdivision application MS 851-99 to allow the subdivision of a 32,000 +/- square foot parcel into two parcels, resulting in one additional parcel; and WEREAS, the subject site is located at 898 Diablo Road and is further identified as Assessor's Parcel Number 196-290-029; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision - Tentative Map prior to the recordation of the Parcel Map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 9, 1999; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 Minor Subdivision request MS 851-99 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 sanitm-y facilities services will be available to the 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. 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 final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Minor Subdivision request MS 851-99 allowing the subdivision of a 32,000 +/- square foot parcel into two parcels, resulting in one additional parcel. The site is located at 898 Diablo Road (APN: 196-290-029). Development shall be substantially as shown on the project Vesting Tentative Map labeled "898 Diablo Road," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on November 4, 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 PAGE 2 OF RESOLUTION NO. 99-38 action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) ($2,000), Park Land In-lieu ($2,880), Child Care Facilities ($335), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, NPDES ($34) SCC Regional fee ($818) SCC Sub-Regional fee ($2,222), Noah East Benefit District ($13,200), and the Tri-Valley Transportation fee (1,526). 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 $254.25 (113 notices x $0.75 per notice x three notices). 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 Exemption with the Contra Costa County Clerk. 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. 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. 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. PAGE 3 OF RESOLUTION NO. 99-38 * 8. * 9. * 10. 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. B, 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. SITE PLANNING 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. All existing Town-protected Oak trees on the site shall be preserved. Future construction of a home on Parcel A and site improvements shall be design to avoid impacts on any Oak trees. Prior to recordation of the parcel map, the applicant shall be required to relocate the existing fence along the Diablo Road frontage to comply with the Town' s Site PAGE 4 OF RESOLUTION NO. 99-38 , Distance Triangle Ordinance requirements, subject to review and approval b the Planning Division. The applicant shall be required to plant six new minimum 15 gallon box size Pistache trees, planted 25 feet on center, along the Diablo Road frontage of this property. The applicant shall be responsible for providing drip irrigation to the trees until they are established. The trees shall be planted prior to recordation of the Parcel Map. Several existing property line fences are shown to be located off of the parcels property line. The applicant shall relocate all fences to be on the property line, to the satisfaction of the Planning Division prior to recordation of the Parcel Map. Future development of a home on Parcel A shall be consistent with the development standards contained within the Town's R-12; Single Family Residential Ordinance. ARCHITECTURE The future development of a new home on Parcel A shall be subject to review and approval by the Town under a separate Development Plan application. Proposed architecture, site planning, and landscape treatment shall bee reviewed as part of the Development Plan and shall be subject to review and approval by the Town' s Design Review Board. 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 mall 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. PAGE 5 OF RESOLUTION NO. 99-38 , 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. 99-38 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. 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. 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. The existing private driveway shall be improved to have a minimum width of 16 feet from Diablo Road to the homes. PAGE 7 OF RESOLUTION NO. 99-38 , All future access to these two parcels shall be shared from the existing driveway location, The property owners shall dedicated abutters rights to the remainder of the property's Diablo Road frontage to the Town of Danville as part of this parcel map. A satisfactory private road and private storm drain maintenance agreement for the shared use of the private driveway by Parcels A and B, shall be submitted for approval of the City Attorney prior to any Town Council final approval action. 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 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, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. , All runofffrom 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. _ PAGE 8 OF RESOLUTION NO. 99-38 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. * 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. * 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. G. 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. PAGE 9 OF RESOLUTION NO. 99-38 * 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 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 November 9, 1999, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Hunt, Jameson, Moran, Osborn Rapp hairma~~ APPROVED AS TO FORM: City Attorney ~ief of~ning