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HomeMy WebLinkAbout2002-20RESOLUTION NO, 2002-20 APPROVE MINOR SUBDIVISION REQUEST MS 852-2002 TO SUBDIVIDE A 1.42 +/- ACRE PARCEL INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS, RESULTING IN ONE ADDITIONAL PARCEL (APN: 196-401-007 - CITRON TRUST) WHEREAS, Citron Trust has requested approval of a Minor Subdivision request MS 852-2002 to subdivide a 1.42 +/- acre parcel into two single family residential parcels, ~esulting in one additional parcel; and WHEREAS, the subject site is located at 818 Dolphin Drive and is further identified as Assessor's Parcel Number 196-401-007; 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 August 13, 2002; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15315; 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 To~vn of Danville approves Minor Subdivision request MS 852-2002 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 is established. 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 a Minor Subdivision (MS 852-2002) to allow the subdivision of a 1.42 +/- acre parcel into two single family parcels, resulting in one additional single family parcel. The site is located at 818 Dolphin Drive. The subdivision shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Parcel Map MS 852-2002 labeled "818 Dolphin Drive," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on July 15, 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 PAGE 2 OF RESOLUTION NO. 2002-20 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), Tri-Valley Transportation fee ($1,711.00/lot), Child Care Facilities fee ($335.00), and Plan Checking and Inspection Fees. Prior to the 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 $168.00 (112 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. 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 alloxvable 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 PAGE 3 OF RESOLUTION NO. 2002-20 feasible. A watering program which incorporates the use of a dust suppressant, and ~vhich 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. 10. All physical improvements shall be in place prior to occupancy of the new structure on Parcel A. 11. 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. SITE PLANN1NG 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. 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 allowable and conditional land uses shall be consistent with the requirements of the Town's R-20; Single Family Residential District PAGE 4 OF RESOLUTION NO. 2002-20 Ordinance. C. LANDSCAPING 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 inchcate 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. Removal will be allowed only upon prior written approval from the Planning Division. Where existing fences are not located on the property line, prior to the recordation ofthe parcel map the fences shall be relocated to be on the property line. Fences, which cross through the "Scenic Easement" area, shall be open wire construction. 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 1 "x 1" nailers on each side of the fence boards (rather than using dadoed 2"x 4" top and bottom rails). Evergreen screen trees shall be installed in clusters adjacent to the south rear property line. The property owner shall work with the residents south of the subject property to select the type of trees to be installed. These trees shall be maintained in a healthy growing condition. D. ARCHITECTURE Construction of a single-family home on Parcel "A" shall be subject to review under a separate Development Plan application. The home shall be designed to compliment the existing homes in the neighborhood related to massing, architectural style and size. 2. Home placement shall be in the general area as identified on the parcel map. Staff shall notify the directly adjacent property owners of the Design Review Board meeting scheduled to review the home to be constructed on Parcel A. PAGE 5 OF RESOLUTION NO. 2002-20 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 withname, 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. A final grading and drainage plan shall be submitted for review and approval prior to the issuance ora grading permit. 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 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. PAGE 6 OF RESOLUTION NO. 2002-20 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. 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. 11. Staff shall notify the property owners south of the subject parcel (Anderson) when the grading plan has been submitted for review. 12. The concrete v-ditch and catch basin along the south property line shall be repaired or replaced to the satisfaction of the City Engineer, to ensure any drainage in this area is collected and conveyed correctly from the project site. PAGE 7 OF RESOLUTION NO. 2002-20 F. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities ~vithin 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. 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. * 6. 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. 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. PAGE 8 OF RESOLUTION NO. 2002-20 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 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. 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. * 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. PAGE 9 OF RESOLUTION NO. 2002-20 H. MISCELLANEOUS * 1. 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. 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. APPROVED by the Danville Planning Commission at a regular meeting on August 13, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Jameson, Combs, Graham, Moran, Osborn, Legg and Storer APPROVED AS TO FORM: Chairman City Attorney F:/planning/applieations/MS/2002/MSg52-2002/PC Staff Report MS852-2002.do¢ PAGE 10 OF RESOLUTION NO. 2002-20