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HomeMy WebLinkAbout2001-06RESOLUTION NO. 2001-06 APPROVING MINOR SUBDIVISION REQUEST MS 855-2000 SUBDIVIDING AN EXISTING 2.2 ACRE SITE INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS (APN: 203-172-005 - BENETTI/HAWKE) WHEREAS, Christopher & Margaret Hawke and Steven & Virginia Benetti have requested approval of a Minor Subdivision application to subdivide an existing 2.2 +/- acre parcel into two parcels, resulting in one additional parcel; and WHEREAS, the subject site is located at 3656 Old Blackhawk Road and is further identified as Assessor's Parcel Number 203-172-005; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval ofatentative parcel map prior to recordation of a final parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 13,2001; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), Section 15315, Class l 5 (Minor Land Divisions); and WHEREAS, the public notice of this action was given in all respec)s 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 855-2000 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. 2. The. design of the proposed subdivision is in substantial conformance with the applicable ~,--~ zomng 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 subdivisiba and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in aa 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 ("*") 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 a Minor Subdivision (MS 855-2000) identified as Benetti/Hawke, on a site located at 3656 Old Blackhawk Road (APN: 203-172- 005). The Minor Subdivision approval allows for the subdivision of a 2.2 +/- acre parcel into two single family residential parcels, resulting in one additional parcel. Except as mat be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "3656 Old Blackhawk Road," as prepared by Crane Murphy Civil Engineers, consisting of two sheets, dated received by the Planning Division on February 5, 2001. The applicant shall be responsible for payment of all fees associated with the development of the property. The fee payment due for each respective fee category shall be as established by the most current applicable fee schedule in place at the time the Parcel Map is approved and / or building permits are issued, PAGE 2 OF RESOLUTION NO. 2001-06 as applicable. The applicant is advised that each of the two parcels created bythis minor subdivision and, as applicable, each residence placed on the two parcels, will be subject to the following categories of fees (current fee is indicated in parenthesis following each fee category listed): Parkland in-lieu fees ($2,880/parcel); SCC - Regional and Subregional traffic mitigation fees ($3,028/parcel); TVTC traffic mitigation fees ($1,520 /parcel); RTIP traffic mitigation fees ($2,000/sfr residential unit); Child Care Facilities fees ($335/sfr residential unit); CCCFC&WCD fees (drainage area flood control improvement fees); Engineering Division plan check and inspection fees (fee is based on valuation of improvements and number of parcels); and Building and Planning Division plan check and inspection fees (fee is based on valuation of building improvements). 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 $190.50 (254 notices X $0.75 per notice). 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 September 18, 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 $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case 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 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. PAGE 3 OF RESOLUTION NO. 2001-06 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 conslruction 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 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 11. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity 12. 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 have 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 PAGE 4 OF RESOLUTION NO. 2001-06 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. 13. Planning Division sign-off is required prior to the completion ora Final Building Inspection. 14. The applicant shall be required to pay fees associated with the construction of off- site pedestrian trail improvements in the area. The fee shall be $2,130.00 to be paid prior to recordation of the final map. 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 obtained. If approved by the Contra Costa County Health Services Department - Environmental Health Division, the well may be retained and used for landscape irrigation purposes only. Future development and use of the residences established on the parcels created as part of this subdivision shall be consistent with the requirements of the Town's R- 40; Single Family Residential District Ordinance. The area located within the creek setback line shall be dedicated to the Town of Danville as a drainage easement. Development rights for the area within the structural setback line and the drainage easement shall be dedicated to the Town of Danville concurrently with the recordation of the parcel map for the project. The creek through this property shall be privately maintained in appropriate on-going manner by the property owner(s). PAGE 5 OF RESOLUTION NO. 2001-06 The applicant shall dedicate a scenic easement to the Town of Danville covering the steep slopes on the western portion of the site, as shown on the tentative map. No construction of structures, grading, or formal landscaping shall be allowed in this area. The scenic easement shall be recorded concurrently with the recordation of the parcel map. LANDSCAPING All existing protected trees on the site shall be preserved, unless otherwise approved for removal. Removal during construction will be allowed only upon approval by the Planning Commission. The tree preservation guidelines established in the tree survey/arborist report performed for this site (prepared by Bartlett Tree Experts, dated October 9, 2000) shall be incorporated into the detailed site development plans. 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 Town's ordinance in effect at the time shall be posted with the Town 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. 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. Future development of the homes on both parcels created as part of this subdivision shall be subject to review and approval by the Planning Division and Design Review Board under separate subsequent Development Plan applications. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 6 OF RESOLUTION NO. 2001-06 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). Restrictions includelimitingconstructionprimarilytothe 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. PAGE 7 OF RESOLUTION NO. 2001-06 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. In conjunction with the development of the site, measures such as the inclusion of a silt fence or visquene barrier to prevent pollution of the creek with construction debris, as determined necessary by the Town. 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 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. 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 8 OF RESOLUTION NO. 2001-06 II. 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 #A. 1 above and shall conform to Standard Plan 104 a & b A satisfactory private road and private storm drain maintenance agreement between the two lots shall be submitted for approval of the City Attorney prior to any Town Council final approval action. The agreement shall address maintenance of the shared driveway, the bridge, and storm drain facilities. Documentation shall be submitted verifying that the existing bridge serving the site from Old Blackhawk Road meets all structural requirements of the San Ramon Valley Fire Protection District. Prior to recordation of the parcel map, the applicant shall document the structural adequacy of the bridge to the satisfaction of the City Engineer and the San Ramon Valley Fire Protection District. If found necessary by the Town and/or the San Ramon Valley Fire Protection District, improvements to the existing bridge shall be made or a new bridge shall be installed. Any bridge improvements shall be included as part of the improvement plans for the project. INFRASTRUCTURE Domestic water supply shall he from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. PAGE 9 OF RESOLUTION NO. 2001-06 All wastewater shall be disposed 'into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the 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. All required improvements to area creeks for drainage purposes, or construction of a new bridge or improvement of the existing bridge, shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department ofFish & Game, the Department of U.S. Fish and Wildlife, California Regional Water Quality Control Boaxd and the United States Army Corps of Engineers codes and policies. 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. Ifa 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.' PAGE 10 OF RESOLUTION NO. 2001-06 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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 2. Use of a private gated entrance is expressly prohibited. As a part of the issuance ora building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposition o£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 and/or records) indicating that waste materials created from 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 I%r projects under five acres. PAGE 11 OF RESOLUTION NO. 2001-06 APPROVED by the Danville Planning Commission at a regular meeting on February 13, 2001, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Graham, Jameson, Legg, Moran, Osborn, Storer APPROVED AS TO FORM: rman City Attorney PAGE 12 OF RESOLUTION NO. 2001-06