HomeMy WebLinkAbout2004-01RESOLUTION NO. 2004-01
APPROVING MINOR SUBDIVISION REQUEST MS 852-2003 SUBDIVIDING A
3 +/- ACRE PARCEL INTO THREE SINGLE FAMILY RESIDENTIAL PARCELS
(APN: 216-041-020 - GALLO)
WHEREAS, Robert and Sandra Gallo have requested approval of a Minor Subdivision request to
subdivide a 3 +/- acre parcel into 3 single family residential parcels; and
WHEREAS, the subject site is located at 256 La Questa Drive and is further identified as Assessor's
· Parcel Number 216-041-020; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor Subdivision
application prior to the recordation of the parcel map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
January 20, 2004; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA), Section 15315, Class 15; 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 852-2003 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 regulah.'ons.
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 two new parcels.
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.
The subdivision will result in new parcels which are consistent with the character of the
neighborhood in that the new parcels will exceed one acre in size (gross), consistent with the
majority of the parcel sizes in the neighborhood.
Development of the proposed subdivision will not result in a change of character in the
subject rural neighborhood in that the parcel sizes are consistent with other parcels in the
area and the homes will be set back from the La Questa Drive and so will not visually add to
the density of the neighborhood.
Development of the proposed subdivision will not result in a change of character in the
subject rural neighborhood in that the homes to be developed on the parcels will be required
to architecturally compatible with the ranch style homes in the area.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*') in the left-hand colunm are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the Town
Council approval of the initial 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 application MS 852-2003 allowing the
subdivision of a 3 +/- acre parcel into 3 single family residential parcels. The site is
located at 256 La Questa Drive. Development shall be substantially as shown on the
Vesting Tentative Parcel Map labeled "La Questa Drive," as prepared by Alexander
& Associates, Inc., dated received by the Planning Division on December 23, 2003.
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 Child Care Facilities Fee ($670.00), Finish Grading Inspection Fee
($120.00), Storm Water Pollution Program Fee ($82.00), SCC Regional Fee ($1,848.00),
SCC Sub-Regional Fee ($5,104.00), Residential Tip Fee ($4,000.00), Tri-Valley
Transportation Fee ($3,422.00), Base Map Revision Fee ($150.00), Excavation
Mitigation Fee ($3,210.00), Map Check Fee ($2,193.00), and Park Land In-Lieu Fee
($15,746.00).
PAGE 2 OF RESOLUTION NO. 2004-01
Prior to the issuance of a building permit, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the public hearing. The fee shall be
$ 271.50 ( 181 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 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 $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.
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.
PAGE 3 OF RESOLUTION NO. 2004-01
10.
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.
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, 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.
* 13.
Planning Division sign-off is required prior to final building inspection sign-off by
the Building Division.
B. SITE PLANNING
* 1.
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 pei:n-dt and inspections for this work
shall be obtained. Private wells may be retained for irrigation only purposes with
approval by the Contra Costa County Environmental Health Division.
PAGE 4 OF RESOLUTION NO. 2004-01
Pad elevations for the homes to be built on Parcels 1 and 2 shall be minimum
elevation necessary to allow for positive drainage from the site.
LANDSCAPING
As part of the future Development Plan application for the development or re-
development of each Parcel in the subdivision, landscape and irrigation plans (with
planting shown at 1"=20' scale) shall be submitted for review and approval by the
Planning Division and Design Review Board. 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.
This approval authorizes the removal of four trees on the site which must be
removed to accommodate the construction of the new private driveway and
hammerhead. All other trees on the site shall be retained at this time. The trees that
are authorized for removal are two Eucalyptus trees (24" and 30" in diameter)
located within the proposed roadway between proposed Parcels 1 and 2, and two
Walnut trees (both 36" in diameter) located at the edge of the proposed
hammerhead turn-around), as shown on the approved tentative map for the project.
Any additional tree removals shall be subject to review and approval by the Town as
part of the individual Development Plan applications for the development of the
parcels within this subdivision.
o
Consistent with the requirements of the Town's Tree Preservation Ordinance, the
applicant shall be required to replace the four trees to be removed with a number of
trees equal in diameter to the total diameter of the trees to be removed. The trees to
be planted shall be a mixture of trees selected from the Town's protected tree list.
These trees shah be planted in conjunction with the construction of the project's
subdivision improvements.
As part of the future Development Plan application for the development of Parcel 1,
all attempts shall be made to preserve the easterly most Eucalyptus trees within the
grove of trees located near the center of this parcel, as found appropriate by the
Planning Division and the Design Review Board
As part of the future Development Plan application for the development of Parcels 1
and 2, the landscape plans shall include substantial plantings of trees in the eastern
portion of these parcels to help create a visual buffer between the new homes and
the existing homes to the east. While developing the landscape plan, the applicant
shall be required to consult with the adjacent property owners regarding preferred
species of trees adjacent to these property lines.
PAGE 5 OF RESOLUTION NO. 2004-01
If site construction activity occurs in the direct vicinity of the on-site and off-site
protected trees, a security deposit in the amotmt of the assessed value of the tree(s)
(calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with
the Town prior to the issuance of a grading permit or building permit to maximize
the probability that the affected trees will be retained in good health. The applicant
shall be required to secure an appraisal of the condition and value of all affected
trees. The appraisal shall be done in accordance with the then current addition of
the "Guide for Establishing Values of Tree and Other Plants," by the Council of Tree
and Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be
subject to review and approval by the Chief of Planning. A tree preservation
agreement shall be prepared that outlines the intended and allowed use of funds
posted as a tree preservation security deposit. That portion of the security deposit
still held by the Town two full growing seasons after project completion shall be
returned upon verification that the trees covered by the deposit are as healthy as can
be provided for under the terms of the tree preservation agreement.
As part of the review of individual Development Plan applications for the
development of future homes on the lots within this subdivision, the applicant shall
prepare detailed arborist reports detailing the type, size, health, and
recommendations regarding the retention or removal of all Town-protected trees on
the parcels. For trees to be retained, recommended mitigation measures to
maximize the long term health of the trees shall be included.
ARCHITECTURE
Future development of homes to be built on Parcels I and 2, and any significant
alterations to the existing home on Parcel 3, shall be subject to review and approval
of individual Development Plan applications for each parcel. The Development Plan
application shall be subject to review by the Planning Division and the Design
Review Board.
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,
rifle, 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
PAGE 6 OF RESOLUTION NO. 2004-01
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 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 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. 2004-01
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.
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 )<II 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 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.
PAGE 8 OF RESOLUTION NO. 2004-01
The Project shall be required to stripe curbs and install any necessary parking or
circulation signage, as dete~mined by the Transportation Division.
INFRASTRUCTURE
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.
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.
Any portion of the drainage system that conveys runoff from public streets shall be
installed within a dedicated drainage easement, or public street.
o
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 stom-~ 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 9 OF RESOLUTION NO. 2004-01
11.
All street, drainage or grading improvement plans shall be prepared by a licensed
civil engineer.
12.
Any work with the Contra Costa County Flood Control District, such as the
proposed improvements to the existing 36 inch drainage pipe in the rear of Parcel 2,
will require the approval of a Flood Control Permit from the District prior to work
being done. All proposed improvements within this easement shall conform with
county Standard Plans.
13.
All required improvements within the creek area creeks shall meet the reqtdrements
of existing Town of Danville, Contra Costa County Flood Control & Water
Conservation District, the Department of Fish & Game, the Department of U.S. Fish
and Wildlife, California Regional Water Quality Control Board and the United States
Army Corps of Engineers codes and policies.
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.
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.
As a part of the issuance of a demolition permit and/or building permit for the project,
the developer shall submit a recycling plan for building and construction materials and
the disposition of green waste generated from land clearing on the site. Prior to
obtaining framing inspection approval for the project, the applicant/owner shall provide
the Planning Division with written documentation (e.g. receipts or records) indicating
that waste materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their recycling plan,
or in an equivalent manner.
The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-
construction Best Management Practices (BMPs) for the site. For example, construction
BMPs may include, but are not limited to: the storage and handling of construction
materials, street cleaning, proper disposal of wastes and debris, painting, concrete
operations, dewatering operations, pavement operations, vehicle/equipment cleaning,
maintenance and fueling and stabilization of construction entrances. Training of
contractors on BMPs for construction activities is a requirement of this permit. At the
discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may
be required for projects under five acres.
PAGE 10 OF RESOLUTION NO. 2004-01
* 6.
Prior to commencement of any site work that will result in a land disturbance of one (1)
acres or more in area, the applicant/owner shall submit evidence to the Town that the
requirements for obtaining a State General Construction Permit have been met. Such
evidence may be the copy of the Notice of Intent (NOI) sent to the State Water Resources
Control Board. Additionally, the applicant/owner shall submit evidence that the
requirements for obtaining the U.S. Army Corps of Engineers 404 Permit, the State
Water Resources Control Board's 401 Certification, and the California Deparh~-tent of
Fish and Game's Streambank Alteration Agreement have been or will be met. Such
evidence may be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating the above, permit(s) are not required for the subject project.
APPROVED by the Danville Planning Commission at a regular meeting on January 20, 2004, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney
~airman
PAGE 11 OF RESOLUTION NO. 2004-01