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HomeMy WebLinkAbout2000-28RESOLUTION NO. 2000-28 APPROVING MINOR SUBDIVISION REQUEST MS 853~2000 ALLOWING THE SUBDIVISION OF A 2,62 +/- ACRE SITE INTO TWO SINGLE FAMILY RESIDENTIAL LOTS AND LAND USE PERMIT REQUEST LUP 2000-26 AUTHORIZING AN EXISTING NON-CONFORMING SECOND DWELLING UNIT (APN: 196-140-045-MOORE) WHEREAS, John and Mary Moore have requested approval of a two-parcel Minor Subdivision MS 853-2000 to subdivide an existing 2.62 +/- acre site into two parcels, resulting in one additional parcel; and WHEREAS, John and Mary Moore, have requested approval of a Land Use Permit (LUP 2000- 28), to authorize an existing second dwelling unit; and WHEREAS, the subject site is located at 612 El Pintdo Road, and is further identified as Assessor's Parcel Number 196-140-045; 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 September 12, 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 Miner Subdivision request MS 853-2000 and Land Use Permit request LUP 2000-26 per the conditions contained herein, and makes the following findings in support of this action: Minor Subdivision 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 conformante 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 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. Land Use Permit The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policies and goals as set by the 2010 General Plan. , The land use will not create a nuisance and/or enforcement problem within the neighborhood or community because the facility would be unmanned and the installation of this facility would not generate a significant level noise. PAGE 2 OF RESOLUTION NO. 2000-28 The land use will not encourage marginal development within the neighborhood because the development will be of high quality and compatible with the character of the neighborhood~ 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 853-2000 to subdivide a 2.62 +/- acre site into two parcels, resulting in one additional parcel. In addition, this approval is for a Land Use Permit request LUP 2000-26 authourizing an existing second dwelling unit on the site. Development shall be substantially as shown on the Vesting Tentative Map labeled "MS 853-2000," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on April 5, 2000. The property owner 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 Park Land In-lieu ($2,880), Base Map Revision ($90.00), Map Check ($1,831) and Street Lighting ($125 per light). Prior to the issuance of a building permit, whichever occurs first, the property owner shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $105.00 (70 notices X $075 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 PAGE 3 OF RESOLUTION NO. 2000-28 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 27, 2000. 5 The property owner shall submit to the Town of Danville fees required to file a Notice of Deterrnination 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. (Monday through Friday), 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 property owner 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 property owner 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 property owner 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. PAGE 4 OF RESOLUTION NO. 2000-28 11. 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 properly owner shall submit a written Complianc~e 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 property owner has provided as evidence of compliance with that condition. The report must be signed by the property owner. 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-40; Single Family Residential District Ordinance. B, 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 approyal 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. The building pad for the primary structure on Parcel B shall be located between contour elevation 440 and contour elevation 446. Future accessory structures proposed between contour elevation 446 and 460 on Parcel B shall be subject to review and approval by the Planning Division prior to the issuance of a building permit of those future structures~ PAGE 5 OF RESOLUTION NO. 2000-28 , No structures shall be permitted above the current contour elevation 460 for Parcel B and 470 for Parcel A, as identified on the Vesting Tentative Map, as prepared by Debolt Engineering, dated received by the Planning Division on April 5, 2000. A legal description of these current contour lines shall be submitted and approved by the City Engineer prior to recordation of the final map.. All existing Town-protected oak trees on the site shall be preserve& Future construction of a home on Parcel B and site improvements shall be designed to avoid impacts on any oak trees. C LANDSCAPING * All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. D. 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. The future development of a new home on Parcel A or 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. Construction on Parcel B shall be consistent with the Town's Hillside Design Guidelines, including minimal grading, the use ofearthtone colors, natural landscaping, and open wire fencing. In addition, the home shall be limited to 28 feet. E. LAND USE PERMIT The property owner shall occupy either the principal or the secondary residential unit. If neither unit is owner-occupied, then the use of the property shall revert to a single family occupancy~ Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. PAGE 6 OF RESOLUTION NO. 2000-28 Prior to the recordation of the final map, the property owner shall file with the county recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, and stating that: The second dwelling unit shall not be sold separately and may not be subdivided. The second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. The restrictions shall be binding upon any successor in ownership or the property and lack of compliance shall result in proceedings to revoke the Land Use Permit. The Land Use Permit allowing the second dwelling unit shall be in effect only so long as either the primary residence, or the second dwelling unit is occupied by the owner or record of the property~ 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 ConIra Costa Sanitary District (CCCDC) sewer system in accordance with the requirements of CCCSD. Prior to the recordation of the final map, the property owner must obtain all necessary building permits for the second unit. Failure to obtain all necessary future permits will result in the Town's pursuit of the abatement of this illegal structure. The property owner shall be required to complete improvements of the second dwelling unit to the minimum health and safety standards to the satisfaction of the building department. These improvements include but are not limited to the following: a. Remove the exposed Romex cable from the rear utility closet. b. Repair the porch at the front door and the top step leading to the entrance. c. Space the rise of the steps leading to the front entrance so that they are of equal height. d. Move the water heater so that the electrical panel can be accessed. e. Properly wire the water heater. f. Install an approved heating system inside the unit. PAGE 7 OF RESOLUTION NO. 2000-28 F. GRADING * 1. * 2, * 3~ * 4~ * 5. * 6. 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 property owner 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. 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 (Ord19-4). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur dunng 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 modem design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. PAGE 8 OF RESOLUTION NO. 2000-28 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 property owner 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 runoff, 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. A NPDES construction permit may be required, as determined by the City Engineer. G. STREETS The property owner 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 property owner 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. PAGE 9 OF RESOLUTION NO, 2000-28 , 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 property owner. 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 property owner shall supply to the City Engineer an up-to-date title report for the subject property. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in ~A.1. above and shall conform to Standard Plan 104 a & b. 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 fbr regular street sweeping. The existing private driveway shall be improved to have a minimum width of 16 feet and shall meet all requirements of the San Ramon Valley Fire Protection District. H. INFRASTRUCTURE * 2~ * 3. 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). PAGE 10 OF RESOLUTION NO, 2000-28 9 11. 12. 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. Ira 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 property owner 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. Prior to recordation of the parcel map, a drainage study shall be prepared addressing the site drainage and addressing downstream drainage deficiencies to the nearest publicly maintained storm drain piped system, subject to review and approval by the City Engineer. The property owner shall be responsible for completing and identifying all necessary improvements. A private storm drain easement will be required for the proposed storm drainage from Parcel A through Parcel B. PAGE 11 OF RESOLUTION NO. 2000-28 Prior to the recordation of the final map Parcel A shall convert from septic tank to Conira Costa County sanitary sewer. The property owner shall post a bond with the Town of Danville to secure connection of the sanitary sewer. 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 process. 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 property 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. No future subdivision of Parcel A will be allowed. A deed notification shall be recorded to run with the title of Parcel A stating this restriction. This language shall be subject to review and approval by the Town prior to recordation of the parcel map. PAGE 12 OF RESOLUTION NO. 2000-28 APPROVED by the Danville Planning Commission at a regular meeting on September 12, 2000, by the following vote: AYES: Combs, Rapp, NOES: ABSTAINED: ABSENT: Hunt, Graham APPROVED AS TO FORM: Jameson, Moran~ Osborn, Chairman City Attorney Chief of ~g F :/planning/applications/ms/ms8 5 3-2000/staffreport PAGE 13 OF RESOLUTION NO. 2000-28