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HomeMy WebLinkAbout2002-09RESOLUTION NO. 2002-09 APPROVING MINOR SUBDIVISION REQUEST MS 854-2000 ALLOWING THE SUBDIVISION OF A 5.23 +/- ACRE PARCEL INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS (APN: 217-010-032 - MARQUIS) WHEREAS, Stan and Maureen Marquis (Owners) and DeBolt Civil Engineering (Applicant) have requested approval of a Minor Subdivision request MS 854-2000 allowing the subdivision of a 5.23 +/- acre parcel into two single family residential parcels; and WHEREAS, the subject site is located at 36 Sherburne Hills Road and is further identified as Assessor's Parcel Number 217-010-032; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision - parcel map prior to the recordation of the parcel map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 26, 2002; 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 854-2000 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 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 new parcel. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAl, Conditions of approval with an asterisk ("*") 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 * 2. This approval is for a Minor Subdivision request MS 854-2000 to subdivide a 5.23 +/- acre parcel located at 36 Sherburne Hills Road into two single family residential parcels. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map labeled "36 Sherburne Hills Road," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on March 18, 2002. 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 Tri-Valley Transportation fee ($1,500.00), Park PAGE 2 OF RESOLUTION NO. 2002-09 Land In-lieu fee ($2,880.00), Child Care Facilities fees ($335.00), Sherbume Hills Benefit District fee ($2,510.28), Map Check fee ($1,831.00), Flood Control & Water Conservation District fees, and Plan Checking and Inspection fees. Prior to the recordation of the parcel map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 38.25 (51 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 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 (project has been found to be "de Minimus," indicating that there is no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends). This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of project approval. 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. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. PAGE 3 OF RESOLUTION NO. 2002-09 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. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust- producing activities shall be discontinued during high wind periods. * 11. As part of the initial submittal for the final map and plan check review process, 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 that condition. The applicant must sign the report. 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. B. SITE PLANN1NG * 1. 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 possible house footprint, approximate limit of grading, and Section A-A, as shown on the project tentative map, are not approved as part of this project. The exact location of future development on the site, including grading, architecture, and landscaping, shall be subject to review and approval by the Town under a separate scenic hillside Development Plan application. Future development of Parcel B shall be designed to meet all access requirements of the San Ramon Valley Fire Protection District. PAGE 4 OF RESOLUTION NO. 2002-09 A scenic easement shall be required to be recorded covering the area above the 650 foot elevation contour, and the steep sloping area west of the existing home (west of a north/south line which is perpendicular to the north and south property lines50 feet from the home to the west property line) on Parcel A. A scenic easement shall be required to be recorded to cover the portion of Parcel B which is outside of the "approximate limit of grading," as shown on the tentative map. This scenic easement shall be recorded concurrently with the recordation of the Parcel Map. No development which alters the natural appearance of the land, including the construction of structures, grading, or the planting of formal or non-native plant material, shall be allowed within the area covered by the scenic easement. 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. As part of the future Development Plan application, substantial tree planting to help screen the development from view shall be required. Trees shall be of a native variety, and shall be planted in a natural pattern to break-up the mass of the structure. Trees shall be minimum 15 gallon box size. Depending on the visibility and need for immediate screening, trees may be required to be 24 or 48 inch box sizes. Automatic drip irrigation for the trees shall be required for the first two growing seasons, or until the trees are established. The trees shall be maintained on the site as approved indefinitely. Prior to the recordation of the final map, the applicant shall be required to install additional minimum 15 gallon trees to help screen the existing home on Parcel A. The number and exact loeation of the trees shall be determined by the Town. The trees shall be ora native variety, and shall include an automatic irrigation system for the first two years, or until the trees are established. The trees shall be maintained on the site as approved indefinitely. ARCHITECTURE As part of future Development Plan applications, the maximum height of the primary residence located on both Parcels A and B shall be 28 feet. The maximum height of any accessory structure shall be 15 feet. PAGE 5 OF RESOLUTION NO. 2002-09 As part of the future Development Plan application, the design of primary residence or accessory structure(s) shall minimize the perception of excessive bulk. The structure may be required to utilize a stepped foundation. Architecture shall include sufficient variation to avoid any large flat wall areas, and to create shade and shadow. Two-story vertical walls and long, un-interrupted ridgelines shall be avoided. As part of the future Development Plan application, exterior colors for all structures shall be muted with the intent of blending into the surrounding natural environment. Colors such as browns and tans are considered appropriate. Natural materials such as wood siding are preferred. Roof materials should be dark in color and non-reflective. Red tile roofs are expressly prohibited 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. PAGE 6 OF RESOLUTION NO. 2002-09 All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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. PAGE 7 OF RESOLUTION NO. 2002-09 F. STREETS * * 2. * 4. 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. Handicapped ramps shall be provided and located as required by the City Engineen 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. The parcels created by this subdivision shall equitably participate in the maintenance of shared private roads and private storm drains in the area. A maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping, if found to be feasible. G. INFRASTRUCTURE * 3. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. The District's initial comments on this project are summarized within their memorandum dated September 6, 2000, which has been received by the property owner. 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. PAGE 8 OF RESOLUTION NO. 2002-09 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. 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. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. The existing house on Parcel A shall be required to connect to the Central Costa Contra County Sanitary District sewer system. The sewer connection shall be completed prior to the recordation of the parcel map, or bonded for as part of any subdivision improvement agreement associated with this Subdivision. 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. PAGE 9 OF RESOLUTION NO. 2002-09 * 2. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. * 3. Use of a private gated entrance is expressly prohibited. * 4. 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. * 5. 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 March 26, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Jameson, Legg, Moran, Storer, Graham Osborn APPROVED AS TO FORM: City Attorney Chairman PAGE 10 OF RESOLUTION NO. 2002-09