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HomeMy WebLinkAbout2001-01RESOLUTION NO. 2001 - 01 APPROVING MINOR SUBDIVISION REQUEST MS 857-2000 ALLOWING THE SUBDIVISION OF A 0.93+/- ACRE PARCEL INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS~ RESULTING IN ONE ADDITIONAL PARCEL (APN: 195-102-034 - ELABD) WHEREAS, Alan Elabd, owner of 126 Montana Drive, has requested approval of a Minor Subdivision request to subdivide a 0.93 +/- acre parcel into two parcels, resulting in one additional parcel; and WHEREAS, the subject site is located at 126 Montana Drive and is further identified as Assessor's Parcel Number 195-102-034; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative parcel map prior to recordation ora final parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 9, 2001; 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 857-2000 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 substm~tial 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 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 o£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. PAGE 2 OF RESOLUTION NO. 2001-01 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") 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 parcel 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 the Minor Subdivision (MS 857-2000) ora site located at t26 Montana Drive. This subdivision divides an existing 0.93 acre parcel into two single family residential parcels, resulting in one additional parcel. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Tentative Parcel Map MS 857-2000, as prepared by JMH Weiss, Inc., dated received by the Planning Division on January 3, 2001. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) ($2,00000), Park Land In-lieu ($2,880.00), Child Care Facilities ($335.00), SCC Regional Fee ($815.00), Tri-Valley Transportation Fee ($1,520.00), Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. Prior to recordation of the final parcel map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 26850 (179 notices X $0.75 per notice (noticed two times)). 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. · PAGE 3 OF RESOLUTION NO. 2001-01 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 $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 Div/sion 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 th6 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 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 j ob. 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 ora 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. PAGE 4 OF RESOLUTION NO. 2001-01 11. Neither parcel in this subdivision will be allowed to be further subdivided in the future. 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 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 regulations. Environmental Health Division permit and inspections for this work shall be obtaine& All future structures constructed on both parcels within this subdivision shall comply with the development standards contained within the Town's R-10; Single Family Residential District Ordinance. Unless a variance is approved to allow the fence to remain in its existing location, the portion of the existing solid wood fence, along the Montana Drive frontage of Parcel 2, which is located within the required 20 foot setback from the Montana Drive right-of-way, shall be removed. In addition, the maximum height of the portions of the fence to remain shall be reduced to six feet in height. These modification shall be completed prior to recordation of the parcel map. C. LANDSCAPING * 1. 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. 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 specified by the ordinance in effect at the time 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. PAGE 5 OF RESOLUTION NO. 2001-01 In conj unction with the Development Plan application for the future development of a home on Parcel 1, the applicant shall have an arborist's report prepared, and submitted to the Town, evaluating the health of all Town-protected oak trees located on Parcel 1. The arborist's report shall include recommended mitigation measures to maximize the long-term health of these trees. Any identified mitigation measures shall be implemented prior to occupancy of the future home on Parcel 1. The landscape plan for Parcel 1 shall include appropriate landscaping treatment within the dripline of Town-protected oak trees on the site to maximize the on- going health of these trees. If a variance is approved to allow the existing fence to remain on Lot 2, a landscape plan shall be developed for the area between the fence and Montana Drive and on the west side of the fence on the lot's west property line, subject to review and approval by the Planning Division. The goal of the landscape plan shall he to provide for additional screening of the fence. The landscaping shall be installed prior to recordation of the final parcel map. 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. Development of a new home on Parcel 1 shall be subject to review and approval by the Town under a separate Development Plan application. A goal of the development plan shall be to create a development which is compatible with the existing surrounding neighborhood. The Development Plan application shall be subject to review and approval by the Planning Division and the Design Review Board. The proposed building footprint for Parcel 1, as shown on the project tentative parcel map, is not approved as part of this project. The future home to be built on Parcel 1 shall be oriented toward the western leg of Montana Drive. The exact site PAGE 6 OF RESOLUTION NO. 2001-01 plan design, landscaping, and architecture shall be subject to review and approval by the Planning Division and Design Review Board as part of the Development Plan review process. The home shall be designed to be consistent with other homes in the neighborhood, including height, size, and architectural style. 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 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(Ord. 91-25). Restrictionsincludelimitingconstructionprimarilytothe 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. PAGE 7 OF RESOLUTION NO. 2001-01 * 7. * 8. * 9. 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 alt 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 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. 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. PAGE 8 OF RESOLUTION NO. 2001-01 All mud or dirt carried offthe 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. Handicapped ramps shall be provided and located as required by the City Engineer. A satisfactory private road maintenance agreement for the shared portion of the private driveway shall be submitted for approval of the City Attorney prior to recordation of the parcel map. The private road maintenance agreement shall include provisions for regular street sweeping. G~ 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 * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD~ * 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 9 OF RESOLUTION NO. 2001-01 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 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. 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. * 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. H. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staf£ Any other change will require Planning Commission approval through the Development Plan review process. * 2. Use of a private gated entrance is expressly prohibited. PAGE 10 OF RESOLUTION NO. 2001-01 * The location, design and number of gang mailbox structures serving the project shall be subject to review and approval by the Town 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. 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 January 9, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Graham~ Legg, Moran, Osborn, Storer Jameson APPROVED AS TO FORM: City Attorney Chief of P PAGE 11 OF RESOLUTION NO. 2001-01