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HomeMy WebLinkAbout2004-19RESOLUTION NO. 2004-19 APPROVING MAJOR SUBDIVISION REQUEST SD 8860 ALLOWING THE SUBDIVISION OF A 2.2 +/- ACRE PARCEL INTO SIX SINGLE FAMILY RESIDENTIAL PARCELS (APN: 199-273-010 - MARK SCOTT CONSTRUCTION) WHEREAS, Mark Scott Construction (APPLICANT) and Steve & Natasha Eckert (OWNERS) have requested approval of a Major Subdivision request to subdivide a 2.2 +/- acre site into six single family residential lots; and WHEREAS, the subject site is located at 288 Love Lane, and is further identified as Assessor's Parcel Number 199-273-010; and WHEREAS, the Town of Danville Subdivision Ordinance require approval of a Major Subdivision - Tentative Map application prior to the recordation of a final subdivision map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 28, 2004; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that, as modified through project revisions and/or recommended conditions of approval, no significant adverse environmental impacts are expected to be associated with this project; 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 Major Subdivision request SD 8860 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 six residential lots created by the subdivision. 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. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the Town Council approval of the initial final map or issuance of building permits 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 Major Subdivision identified as SD 8860. The site is located at 288 Love Lane. ExcePt as may be modified by conditions contained herein, development shall be substantially as shown on the Tentative Map labeled "288 Love Lane," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on August 6, 2004. PAGE 2 OF RESOLUTION 2004-19 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 ($10,000), Park Land In-lieu fee ($39,365.00), Tri-Valley Transportation fee ($8,680), SCC Regional fee ($4,710), Storm Water Pollution fee ($205), Child Care Facilities fees ($1,675), Map Check fee ($2,687), Base Map Revision fee ($306), Drainage Area 10 fee ($9,575), and Excavation Mitigation fee ($2,825). o Prior to recordation of the parcel map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 265.50 (177 notices X $0.75 per notice X 2 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. PAGE 3 OF RESOLUTION 2004-19 o 10. 11. 12. Construction activity shall be restricted to the period between the weekday hours of 8:30 a.m. to 6:00 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(with phone number indicated)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. 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. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant shall sign the report. The report is subject to review and approval by the City Engineer PAGE 4 OF RESOLUTION 2004-19 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- offs 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 permit and inspections for this work shall be obtained. Any on-site well may be retained for landscape irrigation purposes only subject to approval by the Contra Costa County Health Services Department - Health Division. Except as provided for with this approval or as modified through subsequent lot-specific Development Plan approvals, development of the lots in this subdivision shall be consistent with the development standards contained within the Town's R-10; Single Family Residential District Ordinance. The building envelopes shown on the approved tentative map are not approved as part of this approval. Home orientation and the assigrunent of appropriate yards and corresponding setbacks shall be determined as part of the review of individual Development Plans for each lot. The sideyard setbacks for Lot 6 shall be a minimum of fifteen feet for any second story element for the future home to be built on this Lot. The proposed hammerhead turnaround between Lots 5 and 6 shall meet the minimum dimensional requirements of the San Ramon Valley Fire Protection District. PAGE 5 OF RESOLUTION 2004-19 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. For the protected trees on the site, tree trimming to maximize the health of these trees, as recommended in the tree report prepared for the project, shall be complete prior to recordation of the final map. Tree trimming shall occur under the supervision of a certified arborist. o If development occurs within the dripline of a protected tree. A security deposit in the amount 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. A minimum of two street trees per lot (three for corner lots) shall be incorporated into the final landscape and irrigation plan for the project. The developer shall be responsible for the construction of new six foot tall good neighbor fences where lots abut existing homes and the existing fences are deteriorated or less than six feet tall. All fences shall be constructed with the consultation and agreement of the effected neighbor regarding the need, placement, and design of the fence. The fences shall be placed on the PAGE 6 OF RESOLUTION 2004-19 property line, as identified by a boundary survey, unless other agreed upon by adjacent property owners and approved by the Town. An overall fencing plan shall be submitted for review and approval by the Design Review Board in conjunction with the first Development Plan application within the project. Landscape Plans shall be submitted in conjunction with each Development Plan application for the development of each lot in the subdivision. The landscape plan shall include evergreen trees placed to provide privacy between the new home and adjacent existing homes. The exact placement of the trees and type of tree shall be selected with input from effected adjacent neighbors. D. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. o The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. o Development of homes on all lots created by this subdivision shall be subject to review and approval by the Town under separate Development Plan applications, subject to review and approval by the Town's Design Review Board. Homes design shall be consistent with the architectural design guidelines prepared for the project. All homes shall be designed to be compatible with the existing neighborhood, as determined by the Town and the Design Review Board. 4. The home to be built on Lot 1 shall be oriented toward Love Lane. The homes to be built on Lots 2 and 3 shall be designed to be oriented around the cul-de-sac. The homes shall maintain a minimum 15 foot secondary sideyard setback along Veda Drive. The Veda Drive building elevations shall be treated architecturally with a similar quality as the front elevation, subject to review and approval by the Design Review Board. PAGE 7 OF RESOLUTION 200449 For any future new home to be built on Lot 5, any second story shall be oriented toward the west side of the lot in order to preserve views from the existing home to the rear (Murphy), subject to review and approval by the Design Review Board. E. GRADING * 1. 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. o 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. o 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 PAGE 8 OF RESOLUTION 2004-19 plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. o 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. 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. * 9. 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. F. STREETS * 1. 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. PAGE 9 OF RESOLUTION 2004-19 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. 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. * 6. 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. * 7. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division. 8. No sidewalks or streetlights shall be included in the design of this subdivision. 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. 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 10 OF RESOLUTION 2004-19 o 10. 11. 12. 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. 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. 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. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. The applicant shall complete a hydraulic analysis of the channel/creek to verify the hydraulic capacity of the creek. If found necessary, the applicant shall be required to include on-site detention or down-stream improvements to the creek as may be identified within the hydraulic study prior to recordation of the parcel map. PAGE 11 OF RESOLUTION 2004-19 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. Use of a private gated entrance is expressly prohibited. * 3. 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. 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 PAGE 12 OF RESOLUTION 2004-19 (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 Department 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 September 28, 2004, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Legg, Moran, Osborn, Storer Graham, Jameson APPROVED AS TO FORM: City Attorney PAGE 13 OF RESOLUTION 2004-19