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HomeMy WebLinkAbout2000-22 RESOLUTION NO. 2000-22 APPROVING MINOR SUBDIVISION REQUEST MS 851-00 ALLOWING THE SUBDIVISION OF A 1.53 +/- ACRE SITE INTO TWO SINGLE FAMILY RESIDENTIAL LOT (APN: 215-050-010 - THAL) WHEREAS, Larry Thal has requested approval of a two-parcel Minor Subdivision MS 851-00 to subdivide an existing 1.53 +/- acre site into two parcels, resulting in one additional parcel; and WHEREAS, the subject site is located at 2450 Blackhawk Road, and is further identified as Assessor's Parcel Number 215-050-010; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative parcel map prior to the recordation of the final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 11, 2000; 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 851-00 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 2010 General Plan. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. 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 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 851-00 to subdivide a 1.53 +/- acre site into two parcels, resulting in one additional parcel. Development shall be substantially as shown on the Vesting Tentative Map labeled "MS 851 - 00," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on July 5, 2000. The applicant shall pay or be subject to any and all Town and other related f~es 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) ($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 PAGE 2 OF RESOLUTION NO. 2000-22 ($818) SCC Sub-Regional fee ($2,222), 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 $148.5 ( 99 notices X $0.75 per notice X two 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 (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 April 12, 2000. 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 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. 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 PAGE 3 OF RESOLUTION NO. 2000-22 B 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. 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. The development and use of the parcels created by this subdivision shall comply with the requirements of the Town's R-20; Single Family Residential District Ordinance~ 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 Contra Costa County Health Services Department - Environmental Health Division PAGE 4 OF RESOLUTION NO. 2000-22 regulations. Environmental Health Division permit and inspections forthis work shall be obtained. C. LANDSCAPING The applicant shall be responsible for the installation and maintenance of landscaping along the site's Blackhawk Road frontage. The landscaping shall include an automatic drip irrigation system which operates off of the water meter for the home to be constructed on Parcel B. The landscaping and irrigation shall be bonded as part of the improvement plans for the project, and installed prior to occupancy of the future home to be built on Parcel B. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance ~91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. 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 ground cover, shall be a minimum of five gallons in size. 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. The applicant shall be responsible for the construction of a six foot high Redwood fence, matching the design of adjacent wood fences, along the parcel 's Blackhawk Road frontage. The fence shall be constructed as part of the subdivision improvements. 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. PAGE 5 OF RESOLUTION NO. 2000-22 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. The future development of a new home on Parcel B shall be subject to review and approval by the Town under a separate Development Plan application. Proposed architecture, site planning, and landscape treatment shall be reviewed as part of the Development Plan and shall be subject to review and approval by the Town's Design Review Board. The design of the future home to be built on Parcel B shall be designed so that all four exterior elevations of the unit are architecturally dimensioned, trimmed, and detailed similar to the front elevation. 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. 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 PAGE 6 OF RESOLUTION NO. 2000-22 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. 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) concerns. Specific measures to control sediment run0ff, construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. ANPDES construction permit may be required, as determined by the City Engineer. PAGE 7 OF RESOLUTION NO. 2000-22 G, 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. * 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/tA. 1. above and shall conform to Standard Plan 104 a & b. A satisfactory private road and private storm drain maintenance agreement for Parcels A and B shall be submitted for review and approval of the City Attorney prior to any Town Council final approval action. The private road maintenance agreements shall include provisions for regular street sweeping. Abutters rights to Blackhawk Road shall be abandoned as part of this subdivision. PAGE 8 OF RESOLUTION NO. 2000-22 9. The existing asphalt driveway from Blackhawk Road shall be removed and replaced with landscaping, subject to review and approval by the Town. H. INFRASTRUCTURE * 1, Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (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. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (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 expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. * 5. 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. * 6. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 7. 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. * 8. 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. * 9 Electrical, gas, telephone, and Cable TV services, shall be provided underground PAGE 9 OF RESOLUTION NO. 2000-22 in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. The development rights for the area within the drainage easement adjacent to Green Valley Creek shall be dedicated to the Town of Danville. No development will be allowed in this area. Prior to recordation of the final map, a declaration shall be recorded with the County Recorders Office acknowledging this dedication of development rights. 13. Drainage facilities designed to discharged storm water into the adjacent creek shall be designed to include an energy dissipation devise to prevent creek bank erosion. Any existing storm drain pipes discharging water into the creek shall also include an energy dissipation devise, subject to review and approval by the City Engineer. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, bat not the use, may be approved by Staff Any other change will require Planning Commission approval through the Development Plan review process. 2. Use of a private gated entrance is expressly prohibited. The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Design Review Board and the local Postmaster. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. PAGE 10 OF RESOLUTION NO. 2000-22 APPROVED by the Danville Planning Commission at a regular meeting on July 11, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Hunt, Jameson, Osborn, Rapp Moran APPROVED AS TO FORM: Chairman City Attorney Chief o F:/planning/applications/ms/ms851-00/staff report PAGE 11 OF RESOLUTION NO. 2000-22