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HomeMy WebLinkAbout2002-13RESOLUTION NO. 2002-13 APPROVING MINOR SUBDIVISION REQUEST MS 851-01 SUBDIVIDING A 2.5 +/- ACRE PARCEL INTO TWO RESIDENTIAL PARCELS (APN: 206-014-017 - BHUSHAN) WHEREAS, Bansal & Saraj Bhushan have requested approval of a Minor Subdivision request to subdivide a 2.5 +/- acre parcel into two single family residential lots on a 2.5 +/- acre site; and WHEREAS, the subject site is located at 1327 Lawrence Road and is further identified as Assessor's Parcel Number 206-140-017; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a tentative 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 May 14, 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 851-2001 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 one new parcel. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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 This approval is for aMinor Subdivision (MS 851-2001) to allow the subdivision of a 2.5 +/- acre parcel into two single family parcels, resulting in one additional single family parcel. The site is located at 1327 Lawrence Road. The subdivision shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map MS 851-2001 labeled "1327 Lawrence Road," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on May 2, 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 Transportation Improvement Program (TIP) fee ($2,000.00), Park Land In-lieu fee ($2,880.00), SCC Regional Fee ($891.00) SCC Sub-Regional fee ($2,419.00), Tri-Valley Transportation fee ($1,660.00), Child PAGE 2 OF RESOLUTION NO. 2002-13 Care Facilities fee ($335.00), Lawrence Road Benefit District fee ($33,474.00), fee for the future construction of a downstream detention basin (collected for the City of San Ramon) (currently estimated to be $1,250.00 per lot), Flood Control & Water Conservation District fees, and Plan Checking and Inspection Fees. Prior to the recordation of the parcel map or 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 $102.00 (68 notices X $0.75 per notice X two notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District 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 June 20, 2001~ 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 Califoruia 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. 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. PAGE 3 OF RESOLUTION NO. 2002-13 10. 12. 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. All physical improvements shall be in place prior to occupancy of the new structure on Parcel A. As part of the initial submittal for the final map, 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. This project shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural/agricultural uses: IMPORTANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, including noise, odors, dust, and chemicals, will not be deemed a nuisance. PAGE 4 OF RESOLUTION NO. 2002-13 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 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. Existing wells may remain, for the purpose of landscape irrigation only, upon approval of the Contra Costa County Health Services Department - Environmental Health Division. Future development and use of the property shall be consistent with the requirements of the Town's R-40; Single Family Residential District Ordinance. The building envelopes shown on the Vesting Tentative Map submittal are not approved as submitted as they must be modified to reflect the minimum setback standards for the R-40 District. The covered arena shall either be removed or shall be modified to observe R-40 District setback standards for animal structures prior to the recordation of the Parcel Map. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division as part of the individual Development Plan application for the home to be built on Parcel A. 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. The applicant shall preserve all healthy existing on-site trees that are not directly affected by construction of the new home on Parcel A. The applicant shall depict all trees proposed for removal on the site plan as part of the Development Plan application for Parcel A. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 5 OF RESOLUTION NO. 2002-13 Where existing fences are not located on the property line, prior to the recordation of the parcel map the fences shall be relocated to be on the property line. Where solid wood fences are proposed, unless otherwise authorized by the Planning Division, all new fences within this project shall include 2"x 8" pressure treated kickboards; shall utilize pressure treated Douglas Fir fence posts; and shall use bottom rails and top rails constructed of 2"x 4" boards with l"x 1" nailers on each side of the fence boards (rather than using dadoed 2"x 4" top and bottom rails). This condition does not preclude the use of alternate styles of fencing where prior approval for the fencing is given by the Planning Division. Fencing around the existing swimming pool on Parcel B shall be provided to meet applicable building regulations prior to recordation of the Parcel Map. ARCHITECTURE The development of a new home on Parcel A, and any future construction of a new home or major remodel of the home on Parcel B, shall be subject to review by the Planning Division and Design Review Board under a Development Plan application. ~GRAD1NG 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 (including, but not necessarily limited to, the Pulte project located north of the subject property) and to the Town of Danville Development Services Depaament, 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 aetion 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 PAGE 6 OF RESOLUTION NO. 2002-13 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 include limiting construction primadlyto 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 modem 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. PAGE 7 OF RESOLUTION NO. 2002-13 10. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concems. 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. ANPDES 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 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 public or private 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. PAGE 8 OF RESOLUTION NO. 2002-13 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 subject private street shall continue to be a private street. Both parcels in this subdivision shall be required to participate in the joint maintenance of the private drive. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval by the City Attorney prior to any Town Council final approval action. The private road maintenance agreements 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 water system in accordance with the requirements of District. 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. * 3. 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. * 4. 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. PAGE 9 OF RESOLUTION NO. 2002-13 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. * 8. 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. * 9. All new utilities required to serve the development shall be installed underground. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. The applicant shall be required to construct a temporary hammerhead tum-around along lane A to serve the parcels in this minor subdivision. This hammerhead turn-around shall meet all dimensional requirements of the San Ramon Valley Fire Protection District. 12. The one-half cul-de-sac, as shown on the tentative map; shall be encumbered with a private access easement in favor of the adjoining property to the north, and a public utility easement, allowing the future extension of public utilities to adjacent properties. Concurrently with the recordation of the parcel map, a right-to-enter shall be recorded to run with the title of Parcel B, allowing the future developer of the parcel to the north to construct the cul-de-sac within the private access easement. 13. A deed notification shall be recorded to run with the titles of both parcels created by this subdivision which notifies future property owners of the existence of the private access easement which is planned to be constructed as a cul-de-sac in the future, and the future demolition of the temporary hammerhead. 14. The applicant shall reduce post-development flows to predicted pre-development flow levels at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County line greater than the flow restriction of 132.3 cubic meters per second (4670 cfs), when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate this project's increase in peak flow rates within Alamo Creek by implementing one of the following measures: PAGE 10 OF RESOLUTION NO. 2002-13 Constructing an on-site retention basin at the down gradient end of the project site to reduce post-development flows to predicted pre- development flow levels at the downstream project boundary and at the County line. The preliminary design of the basin shall be based on results from hydrology modeling which utilizes the CCCFC&WCD model or other hydrology modeling which meets the approval of CCCFC&WCD. OR, Prior to filing the first Final Map, obtain agreements and coordinate with other developments within the Alamo Creek watershed to increase the size and capacity of off-site retention basin(s), as necessary, to reduce this project' s post-development flows to predicted pre-development flow levels at the County line. All off-site drainage mitigation in conjunction with any other development within the Alamo Creek watershed shall be subject to the review of the CCCFC&WCD and review and approval of the Public Works Department. OR, Project storm water shall drain to the southern end of the project and discharge into the Lawrence Road drainage system that runs south down Lawrence Road and discharges into Alamo Creek. Increased storm water run-off from this project and other development in the Lawrence Road area that will be served by this drainage system will be mitigated by retention facilities downstream of the Lawrence Road area. The applicant shall form a benefit assessment district or annex into an existing benefit assessment district to collect revenue for this project's fair share cost of maintaining the downstream storm water retention facilities. 15. The home to be constructed on Parcel A and the existing home on Parcel B shall connect to public water and sewer facilities and pay the Lawrence Road Benefit District fee. Connection to water and sewer shall be guaranteed through the subdivision improvement agreement for the project. 16. The applicant shall be responsible for the extension of the existing culvert under the private road. The applicant shall be required to verify the capacity of the culvert and, if found necessary by the City Engineer, install a new culvert with sufficient capacity. Any work within the drainage ditch may be subject to review and approval by the California Department of Fish and Game and the California PAGE 11 OF RESOLUTION NO. 2002-13 Water Quality Control Board. If applicable, documentation that the applicant has satisfied all requirements of these agencies shall be submitted for review and approval by the Town prior to recordation of the parcel map. 17. Any existing private utilities located within the private utility easement, which are to remain, shall be protected in place or relocated as necessary, at the developer's expense, to avoid any damage or impacts to the existing improvements. 18. The design of drainage improvements established in conjunction with this development within Lane A shall be submitted to affected surrounding property owners for their review and comment prior to Town-approval of the improvement plans. 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. 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 bome by the applicant. Use of a private gated entrance serving more than one residence is expressly prohibited. The existing gated entrance serving the subject property shall be removed prior to the recordation of the parcel map. The location, design and number of gang mailbox structures serving the project shall be subj eot to review and approval by the Design Review Board and the local Postmaster. PAGE 12 OF RESOLUTION NO. 2002-13 APPROVED by the Danville Planning Commission at a regular meeting on May 14, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Jameson, Legg, Moran, Osborn, Storer, Graham Chairman APPROVED AS TO FORM: City Attorney / F:/planning/applieations/ms/ms2001/ms851-01 PAGE 13 OF RESOLUTION NO. 2002-13