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HomeMy WebLinkAbout2005-09RESOLUTION NO. 2005-09 RECOMMENDING THAT THE TOWN COUNCIL APPROVE PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 2004-03 AND FINAL DEVELOPMENT PLAN - MAJOR SUBDIVISION REQUEST DP 2004-30 & SD 8915 (APN: 202-281-020,021 & 022- EDINBURGH ESTATES) WHEREAS, Lenox Homes has requested approval of a Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision application to rezone the site from R-15; Single Family Residential to a P-l; Planned Unit Development District, and to subdivide three existing parcels into five parcels; and WHEREAS, the subject site is located at 102,104, and 106 Edinburgh Circle, and is further identified as Assessor's Parcel Number 202-281-020,021 & 022; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Major Subdivision application; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 22, 2005; and WHEREAS, this project is Categorically Exempt from the requirements of the California Environmental Act, Section 15315, Minor Land Division; 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 recommend that the Town Council 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; and therefore, be it RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council approve Preliminary Development Plan - Rezoning request PUD 2004-03, and Final Development Plan - Major Subdivision request DP 2004-30 & SD 8915 per the conditions contained herein, and makes the following findings in support of this action: Preliminary Development Plan - Rezoning: The proposed Rezoning will substantially comply with the Danville 2010 General Plan. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. Final Development Plan- Major Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. o The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations and is consistent with the surrounding development. 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 'all five parcels. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood. o 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 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. PAGE 2 OF RESOLUTION NO. 2005-09 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 initial final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision requests to rezone the three exiting parcels from R-15 Single Family Residential District to P-l; Planned Unit Development District with R-12; Single Family Residential District Standards and to subdivide three existing parcels into five parcels and construct five single family residences. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Vesting Tentative Map, Preliminary Grading Plan, and site sections labeled "Edinburgh Estates," consisting of two sheets, as prepared by Aliquot and dated received by the Planning Division' on March 14, 2005. bo Preliminary Landscape Plan labeled "Edinburgh Estates," as prepared by Thomas Baak & Associates - Landscape Architect and dated received by the Planning Division on March 14, 2005. Co Site Plan, Architectural Elevations and Floor Plans labeled "Edinburgh Estates," as prepared by Arete, Inc., and dated received by the Planning Division on March 14, 2005. o The applicant shall pay or be subject to any and all Town and other related fees, which are applicable due to the development of the site. 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 Child Care Facilities ($335/lot), Tri-Valley Transportation Fee ($1,736/lot), Excavation Mitigation Fee ($1130.00), SCC Regional Fee ($942.00/lot), SCC Sub-Regional Fee ($2,600/lot), Residential PAGE 3 OF RESOLUTION NO. 2005-09 o TIP fee ($2,000.00/lot), Park Land in Lieu Fee ($15,746.00), Sycamore Valley Benefit District Fee, Plan Checking, and Inspection Fee, and all other fees summarized in a memo dated November 30, 2004 and kept on file with the Town of Danville. Prior to the recordation of the final map for the project, the applicant shall reimburse to the Town costs incurred to supply project notification to surrounding neighboring residents. The reimbursement shall be $1,185.00, covering the costs associated for three mailed notices sent to 395 addresses. 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. Unless otherwise authorized by the Town once construction commences, construction activity shall be restricted to weekdays between the hours of 7:30 a.m. and 5:30 p.m. Deviation from the work hour restrictions must be 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 sign with minimum dimensions of 3' x 3' 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 as found appropriate/necessary by the ToWn. 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 4 OF RESOLUTION NO. 2005-09 o 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. Depending on the effectiveness of these dust control measures, the applicant may be required to wash the existing adjacent housing unit, if deemed necessary by the Planning Division. 10. 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. 11. As part of the initial submittal for the final map plan and improvement plans plan check, the applicant shall submit a written compliance report detailing the status of compliance with project conditions of approval. 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 report shall be signed by the applicant. The report is subject to review and approval by the City Engineer, the Chief of Planning, or the Chief Building Official, as may be applicable, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 13. Prior to the issuance of grading permits, the applicant shall retain a specialist to assess any rodent control impacts associated with the development. If necessary, the applicant shall develop a rodent control plan, subject to review and approval by the Planning Division. PAGE 5 OF RESOLUTION NO. 2005-09 Bo SITE PLANNING 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. o Prior to recordation of the final map for the project, the applicant shall develop language to be included as part of the Covenants, Conditions, and Restrictions (CC&Rs) for the project which sets specific standards to regulate setback requirements related to the construction of accessory structures (e.g., gazebos, hot tubs, storage sheds), the construction of structures attached to the home (e.g., decks, patio covers and trellises), and additions to the home. The CC&Rs shall reflect language on the maintenance of all installed drainage facilities on the individual parcels. Homeowners shall be instructed on the maintenance requirements of the drainage improvements installed. The language shall be submitted for review and approval by the Town prior to recordation of the final map. ° In the event the development is allowed to join the adjacent homeowners association, the CC&Rs shall reflect the adjacent homeowners regulations in addition to restrictions placed on the newly created parcels. A Deed Restriction shall be recorded for each lot within the subdivision informing owners about their obligation to maintain common drainage improvements with th6 side and rear yards of the lots. The Lot 1 Deed Restriction shall require the owner to maintain the rear yard ditch and inlets in a manner that prevents storm runoff from adversely impacting the neighboring lot to the north (APN 202-281- 018). The Lot 2 Deed Restriction shall require the owner to maintain the' rear and side yard pipes and inlets in a manner that assures an overland drainage release for the low point on Ross Court, and that prevents storm runoff from adversely impacting Lot 1. The Lot 3 Deed Restriction shall require the owner to maintain the rear yard pipes, inlets, and ditches in a manner that prevents storm runoff from adversely impacting Lots 2, 4, or the neighboring lot to the south (APN 202-281-006). PAGE 6 OF RESOLUTION NO. 2005-09 The Lot 4 Deed Restriction shall require the owner to maintain the rear yard pipes, inlets, and ditch in a manner that prevents storm runoff from adversely impacting Lot 5 or the neighboring lot to the south (APN 202-281-006). The Lot 5 Deed Restriction shall require the owner to maintain the rear yard pipes, inlets, and ditch in a manner that prevents storm runoff from adversely impacting the neighboring lot to the south (APN 202-281-006). C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Division. 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. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. o All trees shall be a minimum of 15-gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. An average of two street trees per lot (not counting "small accent trees") shall be incorporated into the final landscape and irrigation plan for the project. All new fences within this project shall include 2"x 8" pressure treated kickboards and shall utilize pressure treated Douglas Fire fence posts. In addition, the bottom rail and top rail shall be 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. The fences shall be consistent with that of the adjacent property owners, as to fit into the character of the neighborhood. All common fences shall include latticework that ties into the fences of the PAGE 7 OF RESOLUTION NO. 2005-09 existing.adjacent properties. o All front yard and frontage landscaping, and property line fencing shall be installed by the developer and maintained by individual property owners. All landscaping shall be installed prior to occupancy of the unit on the lot. o The applicant shall work diligently with the Diablo Highlands Homeowners Association to merge the adjacent common area with Lot 5. The applicant shall plant a cluster of three evergreen trees on Lot 1 in the rear yard area along the west property line to provide privacy for the adjacent neighbor at 100 Edinburgh Circle. These trees shall be located a minimum of 10 feet from the fenceline and shall be planted no closer than 10 feet on center from one another. An additional cluster of screen trees shall be installed in the rear yard area of Lot 4 to provide screening for the adjacent property owner on Sterling Drive. The applicant shall work with each individual property owner to make sure the tree type selected and number of trees is appropriate for the affected resident. 10. Fencing location shall be the baseline for future fence placement. The project CC&Rs shall reflect the approved placement of fencing for the units, to ensure placement is not modified in the future. 11. The drainage plan and the fencing plan shall be coordinated to the satisfaction of the City Engineer. ARCHITECTURE 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. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. o Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. ° Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of PAGE 8 OF RESOLUTION NO. 2005-09 building permits for the project. o If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. Colors and materials for the project shall be substantially consistent with the five color and material boards prepared for the project, as prepared by Arete, Inc., on file with the Planning Division and as displayed at the public hearings for this item. Project CC&Rs shall include the requirement for the formation of an architectural review committee which shall have design review authority over: repainting; reroofing; changes to front yard or street side yard landscaping; accessory structures in the rear yard or side yard; any additions or modifications to approved project architecture. E. PARKING Project CC&Rs shall include a requirement that all garages in the development be. maintained to allow the parking of two vehicles. CC&Rs shall provide a mechanism allowing the homeowners' association to fine homeowners who are in violation of this requirement. F. 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. 3. Development shall be completed in compliance with a detailed soils report PAGE 9 OF RESOLUTION NO. 2005-09 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) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. o Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be removed as soon as practical. 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 10 OF RESOLUTION NO. 2005-09 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). A NPDES construction permit may be required, as determined by the City Engineer. 11. The final pad elevations for the lots within this development, to be depicted on the final map and final grading plan for the project, shall be substantially consistent with the elevations shown on the approved tentative map for the project. 12. The applicant must obtain a Grading Permit from the Town in accordance with §19-3.3 et seq. of the Municipal Code for site grading associated with the subdivision. The Grading Permit, Plan-Check, and Inspection Fees shall be per the latest Danville Master Fee Schedule. G. STREETS * 1. The applicant must obtain an Encroachment Permit from the Town in accordance with Chapter 12 of the Municipal Code for utility installations and other work within the public right-of-way needed to construct the subdivision. The Encroachment Permit Fee shall be per the latest Danville Master Fee Schedule. o 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. o 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. PAGE 11 OF RESOLUTION NO. 2005-09 * 5. 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. Handicapped ramps shall be provided and located as required by the City Engineer. H. 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 the 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. o 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 system 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 systeTM that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. PAGE 12 OF RESOLUTION NO. 2005-09 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. o The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 10. All new utilities required to serve the development shall be installed underground. 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 12. An overland drainage release and appropriate easements are required at the low spot of the subdivision. 13. The cobblestone ditches depicted on the grading and drainage plans shall be converted to concrete lined v-ditches for Lots I & 5. I. MISCELLANEOUS * 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Development Services Department. 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 borne by the applicant. 3. Use of a private gated entrance is expressly prohibited. PAGE 13 OF RESOLUTION NO. 2005-09 * 4. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. APPROVED by the Danville Planning Commission at a regular meeting on March 22, 2005, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Graham, Moran, Morgan, Storer, and Osborn APPROVED AS TO FORM: City Attorney PAGE 14 OF RESOLUTION NO. 2005-09