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HomeMy WebLinkAbout2005-26 RESOLUTION NO. 2005-26 APPROVING MINOR SUBDIVISION REQUEST MS 851-05 SUBDIVIDING A 6.1+/- ACRE PARCEL INTO TWO PARCELS, RESULTING IN ONE ADDITIONAL SINGLE FAMILY RESIDENTIAL PARCEL (APN: 197-120-023 - RUFINO) WHEREAS, Gregorio and Prescilla Rufino (OWNERS) and Mark Scott Construction Inc. (APPLICANT) have requested approval of a Minor Subdivision request MS 851-05 to subdivide a 6.1 + / - acre parcel into two parcels, resulting in one additional single family residential parcel; and WHEREAS, the subject site is located at 289 EI Pinto and is further identified as Assessor's Parcel Number 197-120-023; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Parcel Map prior to the recordation of a final map; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 22, 2005; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Minor Subdivision request MS 851-2005 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. 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 new parcel. 4. The density of the subdivision is physically suitable for the proposed density of development. 5. 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. 6. 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 (/1*/1) 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. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for a Minor Subdivision (MS 851-05), subdividing a 6.1 + /- acre parcel into two parcels, resulting in one new single family residential parcel. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Map labeled /lMS 851-05," as prepared by DeBolt Civil Engineering, dated received by the Planning Division on November I, 2005. PAGE 2 OF RESOLUTION NO. 2005-26 b. Conceptual development plan and cross sections for Parcel B labeled "Sheet A1 and Sheet A2," as prepared by William Wood Architects, dated received on November 1, 2005 by the Planning Division. * 2. 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), Park Land In-lieu and Child Care Facilities fees, Flood Control & Water Conservation District fees, and Plan Checking and Inspection Fees, Benefit Districts and Density Increase fees. * * * 3. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $72.00 (48 notices X $0.75 per notice X two notices). 4. 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. 5. 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 deci~ions. 6. 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 PAGE 3 OF RESOLUTION NO. 2005-26 * 7. * 8. * 9. * 10. * 11. 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. 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. 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 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. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 12. Prior to recordation of the parcel'map, the applicant shall resolve existing code violations related to the existing Rufino residence on the parcel. Code PAGE 4 OF RESOLUTION NO. 2005-26 violations to be resolved include: (1) the applicant shall secure a building permit for the retaining wall which was constructed to support the parking area located above (east) of the Rufino residence; (2) the applicant shall complete the construction of a carport structure to replace the two car garage that was converted into living space. Upon completion of the car port, the applicant shall receive a final of the building permit related to the garage conversion; (3) the applicant shall remove structures which have been placed within the dripline of the large oak tree to the east of the parking area, to the satisfaction of the Planning Division; (4) animal structures placed around ridgeline on the property shall be removed. While these structures do not require building permits, no structures are allowed within a Major Ridgeline area unless an exception is approved by the Planning Commission; (5) the exiting white rail fence which is in ill repair shall be either removed or repaired replaced with an open wire fence with natural wood colored posts, as described within the Town's Major Ridgeline and Scenic Hillside Ordinance. 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. 2. 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. 3. Anyon-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. C. LANDSCAPING * 1. As part of the Development Plan for residence to be built on the new parcel, 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. PAGE 5 OF RESOLUTION NO. 2005-26 * * 2. 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. 3. In conjunction with the Town's review of a Development Plan application for Parcel B, an arborist's report shall be prepare to evaluate the specific impacts that the plan may have on affected trees in the area. The report shall make project specific recommendations related to necessary mitigation to maximize the long term health of the trees. 4. If site construction activity occurs in the direct vicinity of the on-site and off- site protected trees, 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. D. ARCHITECTURE 1. Development of a residence on Parcel B shall be subject to review and approval by the Town under a separate Development Plan application. The conceptual design depicted on Sheets Al and A2 of the above referenced project plans, is specifically not approved as part of this project. However, the Development Plan for this Parcel shall generally reflect the building concepts shown on this exhibit, including a stepped foundation, building the residence into the hillside, and minimal grading. PAGE 6 OF RESOLUTION NO. 2005-26 E. GRADING * * * * * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. 2. 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 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. 4. 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. 5. 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 all or part of the 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 7 OF RESOLUTION NO. 2005-26 * * * * * 6. 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. 7. 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. 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 10. 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. 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. 2. 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 PAGE 8 OF RESOLUTION NO. 2005-26 * * * * * required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. 3. 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. 4. 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. 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. 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. 7. A satisfactory private road maintenance agreement for the shared portion of the existing McDonald driveway 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. 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. 2. 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. PAGE 9 OF RESOLUTION NO. 2005-26 * * * * * * 8. * 9. * 10. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/ or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District. 4. All required improvements to area creeks for drainage purposes shall meet the requirements of existing Town of Danville, Contra Costa County Flood Control & Water Conservation District, the Department of Fish & Game, the Department of US. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps 'of Engineers codes and policies. 5. 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. 6. 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. 7. 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. All new utilities required to serve the development shall be installed 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. PAGE 10 OF RESOLUTION NO. 2005-26 * 11. * 12. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within and residential or commercial subdivision shall be under ground, except as follows: a. Equipment appurtenant to under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; b. Metal poles supporting street lights. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. MISCELLANEOUS * 1. * 2. * 3. 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. 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 disposal 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. 2004-05) and all applicable construction 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 PAGE 11 OF RESOLUTION NO. 2005-26 the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. * 4. The project shall conform to the Regional Water Quality Control Board post- construction C.3 regulations which shall be designed and engineered to integrate into the project's overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: Prior to issuance of permits for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan and shall include drawings and specifications necessary to implement all measures in the approved Plan. The permit application shall include a completed "Construction Plan C.3 Checklist" as described in the Town's 5 tormwater C.3 Guidebook. As may be required by the City Engineer and the Chief of Planning, drawings submitted with the permit application (including structural, mechanical, architectural, grading, drainage, site, landscape, and other drawings) shall show the details and methods of construction for site design features, measures to limit directly connected impervious area, pervious pavements, self-retaining areas, treatment BMPs, permanent source control BMPs, and other features that control stormwater flow and potential stormwater pollutants. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall execute any agreements identified in the Stormwater Control Plan which pertain to the transfer of ownership and/ or long- term maintenance of stormwater treatment or hydrograph modification BMPs. Prior to building permit final and issuance of a Certificate of Occupancy, the applicant shall submit, for the Town's review and approval, a Stormwater BMP Operation and Maintenance Plan in accordance with the Town of Danville guidelines. Guidelines for the preparation of Stormwater BMP Operation and Maintenance Plans are in Appendix F of the Town's Stormwater C.3 Guidebook. APPROVED by the Danville Planning Commission at a regular meeting on November 22, 2005, by the following vote: PAGE 12 OF RESOLUTION NO. 2005-26 AYES: NOES: ABSTAINED: ABSENT: Graham, M6rgan, Moran, Nichols, Storer, Osborn Combs, Condie ~~ C irman APPROVED AS TO FORM: ~tf~1 City Attorney / PAGE 13 OF RESOLUTION NO. 2005-26