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HomeMy WebLinkAbout2000-33RESOLUTION NO. 2000-33 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST MS 853-99 ALLOWING THE SUBDIVISION OF A 5.07 +/- ACRE SITE INTO THREE SINGLE FAMILY RESIDENTIAL PARCELS AND LAND USE PERMIT REQUEST LUP 2000-31 AUTHORIZING THE EXISTENCE OF THE EXISTING NON- CONFORMING SECOND AND THIRD DWELLING UNITS (APN: 197-161-012--NEVILLE) WHEREAS, Barry Neville (owner) has requested approval ofathree-parcel Minor Subdivision MS 853-99 to subdivide an existing 5.07 +/- acre site into three parcels, resulting in two additional parcels; and WHEREAS, Barry Neville has requested approval of a Land Use Permit (LUP 2000-31), to authorize the existence of existing second and third dwelling units located on Parcel A; and WHEREAS, the subject site is located at 754 El Pintado Road, and is further identified as Assessor's Parcel Number 197-161-012; 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, a Draft Negative Declaration Environmental Significance has been prepared for this project indicated that no significant environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission continued the public hearing for the project at a noticed public hearing on October 24, 2000; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 14, 2000; 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 a Negative Declaration of Environmental Significance and approves Minor Subdivision request MS 853-99 and Land Use Permit request LUP 2000-31 per the conditions contained herein, and makes the following findings in support of these actions: Minor Snbdivision 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. 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 two new parcels. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision, Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Land Use Permit The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. PAGE 2 OF RESOLUTION NO. 2000-33 The land use will not adversely affect the orderly development of property within the Town. 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. 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 othelwvise specified. A. GENERAL This approval is for a Minor Subdivision request MS 853-99 to subdivide a 5.07 +/- acre site into three parcels, resulting in two new parcels. In addition, this approval is for a Land Use Permit request LUP 2000-31 authorizing the existence of the existing second and third dwelling units on the site. The site is located at 754 E1 Pintado Road. Development shall be substantially as shown on the Vesting Tentative Map labeled "MS 853-99," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on October 17, 2000. 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 PAGE 3 OF RESOLUTION NO. 2000-33 4 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, and Inspection fees. Prior to the issuance of a grading or 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 $45.00 (60 notices X $0.75 per notice X 2 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 applicant shall submit to the Town of Danville fees required to file aNotice of Determination for this project as required by AB 3185. The fee shall be $25.00, made payable to the Contra Costa County Clerk. 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 (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. PAGE 4 OF RESOLUTION NO. 2000-33 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 fbr 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. I1. 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 Complim~ce 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 properry owner has provided as evidence of compliance with that condition. The report must be s~gned 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 w~th all requirements of the Town's R-65; Single Family Residential District Ordinance and with these conditions of approval. 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. PAGE 5 OF RESOLUTION NO. 2000-33 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 permits and inspections for this work shall be obtained. The maintenance of existing on-site wells shall be allowed for landscape irrigation purposes subject to review and approval by the Contra Costa County health Services Department - environmental health Division. All existing Town-protected oak trees on the site shall be preserved. All site improvements and future construction of homes on Parcels B and C shall be designed to avoid impacts on any oak trees. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be submitted for review and approval by the Town as part of individual Development Plan applications for the development of each lot. 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. Only the Oak and Walnut trees (two total) shown on the plans for removal are authorized to be removed. All other existing trees on the site shall be preserved. Removal of any other trees on site will be allowed only upon prior written approval from the Planning Division. 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 required by the Tree Ordinance in effect at the time each building permit is issued 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 returned upon verification of the health of the trees following two full growing seasons after project completion. Fencing on each parcel within the subdivision shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. PAGE 6 OF RESOLUTION NO. 2000-33 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 development of the future homes on Parcels B and C, including associated landscaping shall be subject to the review and approval by the Design Review Board and the Planning Commission under separate Development Plan applications. All future primary and accessory structures developed within this subdivision shall utilize earth tones and natural materials. E. LAND USE PERMIT The property owner shall occupy either the principal, secondary or third residential unit contained on Parcel A. lfnone of the units 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 all three of the units remaining vacant. 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 and third dwelling units shall not be sold separately and may not be subdivided. The second and third dwelling units are restricted to the size approved by the Land Use Permit (each approximately 575+/- square feet). 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 and third dwelling units shall be in effect only so long as either the primary residence, or the second or third dwelling unit is occupied by the owner of record of the property. PAGE 7 OF RESOLUTION NO. 2000-33 ££-000Z 'ON[ MOIjL3qOST~[ ,t0 S ~[9Vd 'Z '1 9NIClVH9 · sp~ezeq dUl olgu!tu!lo ol Xe,'A>II~ ~oUolxo otll dn UOA3[ 'q 'II~ ~U!UmlO.~ Otll aoJ l!tu.xod :Su!pl!nq ~ u!mqO '~ sl!un qloq Jo ~opolx3 · oogu~nj aql ~oJ sl!ua~od pug uo}loadsu} u!mqO (oPglu!d :gu~golI%t aq~, ol po34tu!I lou o~ mq apnlou! SllIOttl0AO-ldttl! o8oq,L 'luatu~gdoG ~u!pl}n{t aIl!Aug(I Jo u/~o& oqlJo uo}1ogJs!lgs aql ol paDldtuoo oq Ilgqs sluatuaAo~dtu! IIV · a~nDmls s!qlJo luouIo:~gq~ aq1jo l!ns~nd s,u~ol, oql u} llnso~ ll!g 'apoa gu!pl}nq luo~jno aql ql!g ooug!ldtuoo otu! sl!un oql gupq ol >po~ ~dgssooou iig aloldtuoo pug 'sl!tulod Xll3ssoaau l[lg u!lglqo ol a~nl!g~I 'apoa :8u}pl!nq aq1 ql!g aotm!ldmoa olu! sl!un oql gupq ol >po~ X.n3ssooou 1113 ololdtuoa pug sl}tmod ~8u!pl!nq [113 u}glqo lsntu aougo A13odmd aq1 'dgtu [13ulj oql jo uo!lgp~ooo~ 'p!lls!(I Xxgl!tmS lejluoD glsoo mluo3 pue W!jlsKI so!lH!lFI Igd!a~unN lsg~d Kq pasodtu! suo!l!puoo pug sluauaax!nb~a gu!ll!tujod ii~ ol lao(qns Jagas pug Jalg~x aHqnd ol laouuoa ol paj!nbaj oq Hgqs sl!un pj!ql pug puoaas 'd 8 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 Ordinm~ce (Ord19-4). 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 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. 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 PAGE 9 OF RESOLUTION NO. 2000-33 ~-O00Z 'OM MOI£fl'IOS~P8 ~I0 O1 ~DVd '9 'pm!q!qojd Xlssajdxa s} gu!qse~ o:~aJauoa Jo ;tuatu}pos .~o spqgp al!s jo gu!qsnlj -~mgAA ',(gp qago ldogs aq llgqs sDoJls luoa'e[p~3 o!uo ol}s uo!Dnjlsuoa aqlJJo po!j.ma lJ!p Jo pncu IIV ao X~-jo-ltt~j~ o!lqnd Xug u!ql!~ S~!1!A!D~ uo!Dmlsuoo ,ira3 ~u!ouotutuoo ol ~o!Jd uom!A!(I ~uUoou!~uH ~tll tuoaj l~ttu~d lu~tutlo~o~ouo u~ umNo ltmts lu~o!idd~ ~q& 'U 'I sg 'poJ!nboj aq igtu l!uuod uo}Dmlsuoa S~t(2IdN V 'uo}DnJlsuoa Jopun s! loo(ojd oql al!q~ ol!s-uo 1do>I oq oslg [[gqs sluotunaop asaqI 'sug ld luouJaAojdtu! Do foJd The new private driveway serving Parcels B and C shall meet all requirements of the San Ramon Valley Fire Protection District. Verification of the exact location of the easement for the existing private driveway (serving Parcel A) shall be completed prior to recordation of the final map. The pavement width for this driveway shall meet all requirements of the San Ramon Valley Fire Protection District, and the pavement shall be located wholly within the boundaries of the driveway easement. The applicant shall dedicate a street and public utility easement to provide for an ultimate 7 5 meter one-half street width along the entire Et Pintado street frontage. 10. This subdivision will be required to prepare improvement plans and construct the following improvements along El Pintado Road: 1) widen the street paving section (where necessary) to provide. a minimum 4.35 meter ( 14 fo or) section on the northerly and easterly side of the centerline: 2) provide for adequate street-side drainage abutting the edge of pavement; 3) provide a minimum 2:1 slope from any drainage swale back onto private property; 4) replace any trees that may need to be removed due to the E1 Pintado widening at a 3:1 ratio. As an alternative to the E1 Pintado widening and based on the Town Council's direction through the Council' s approval of Minor Subdivision MS 853-96 -- Shankar (799 E1 Pintado Road), the applicant shall enter into a deferred improvement agreement with the Town to install the above described improvements at a future time, as found appropriate by the Town, as part of a larger road improvement project. In addition to the deferred improvement agreement, the applicant shall re-construct the existing E1 Pintado Road from the road's centerline to the existing edge of pavement along the subdivision's frontage, as found necessary by the City Engineer. INFRASTRUCTURE Each residence located on each parcel, including the existing residence and the existing second and third units on Parcel A, shall be required to connect to public water and sewer facilities, subject to all permitting requirements and conditions imposed by EBMUD and CCCSD. Prior to the recordation of the final map Parcel A shall convert from septic tank to Contra Costa County sanitary sewer. The property owner shall post a bond with the Town of Danville to secure connection to the sanitary sewer. PAGE 11 OF RESOLUTION NO. 2000-33 At least one month prior to commencement of work related to sewer installation, the property owner shall post the site and mail to the owners of property within 750 feet of the exteri or 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 all affected nearby property owners have the opportunity to participate in the construction and connect to the new sanitary sewer facility. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. This noticing shall be in accordance with alI requirements of the Contra Costa County Central Sanitary Sewer District Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (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 systems 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 runofffrom 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. PAGE 12 OF RESOLUTION NO. 2000-33 11. All new utilities required to serve the development shall be installed underground. 12. The existing utility joint poles shall be placed underground. 13. 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 prior to issuance of a building permit. The property owner shall be responsible for identifying and completing all necessary improvements. The applicant is responsible for obtaining any storm drain easements or rights of entry for any necessary downstream storm drain improvements. 15. A private storm drain easement will be required for the proposed storm drainage from Parcel B through Parcel C. 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. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Minor Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 3. Use of a private gated entrance for more than one house is expressly prohibited. 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 PAGE 13 OF RESOLUTION NO. 2000-33 site. Prior to obtaining flaming 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. The applicant shall conduct a boundary survey to verify the exact location of all property lines prior to recordation of the final map. Mail boxes shall be co-located with the others located along the E1 Pintado Road frontage of this subdivision. All mail boxes may be lockable, subject to all permitting requirements and conditions imposed by the United States Postal Service. APPROVED by the Danville Planning Commission at a regular meeting on November 14, 2000~ by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Jameson, Osborn, Moran Hunt, Rapp APPROVED AS TO FORM: Chairman City Attorney Chi~ef~f ~ f:\plam~ing\applications~nsXms853-99XPC StaffReport.doe PAGE 14 OF RESOLUTION NO. 2000-33