HomeMy WebLinkAbout2006-11
RESOLUTION NO. 2006-11
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING MINOR SUBDIVISION REQUEST
MS 852-2005 ALLOWING THE SUBDIVISION OF A 7.42 +/-
ACRE PARCEL INTO FOUR SINGLE FAMILY
RESIDENTIAL PARCELS
(APN:199-160-014 -- B & H PARTNERS, LLC)
WHEREAS, B & H Partners, LLC (OWNER/ APPLICANT) have requested approval of a
Minor Subdivision request MS 852-2005 allowing the subdivision of a 7.42 acre parcel into
four new single family residential parcels; and
WHEREAS, the subject site is located at 10 Margaret Lane and is further identified as
Assessor's Parcel Number 199-160-014; and
WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Minor
Subdivision application prior to recordation of a Parcel Map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
June 13, 2006; and
WHEREAS, in compliance with the Environmental Quality Act (CEQA), a Mitigated
Negative Declaration of Environmental Significance has been prepared for the project
indicating that, as mitigated through recommended conditions of approval, no significant
negative environmental impacts are expected to be associated with the 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 adopts a Mitigated
Negative Declaration of Environmental Significance and approves Minor Subdivision
request MS 852-05 per the conditions contained herein, and makes the following findings in
support of this action:
Page 1 of Resolution No. 2006-11
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 three new parcels.
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 APPROV AL
Conditions of approval with an asterisk (/1*/1) 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 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 a Minor Subdivision request MS 852-05 allowing the
subdivision of a 7.4 + / - acre parcel into four single family residential parcels.
The site is located at 10 Margaret Lane. Development shall be substantially
as shown on the project drawings. as follows, except as may be modified by
conditions contained herein;
Page 2 of Resolution No. 2006-11
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a. Package of plans including Vesting Tentative Map, Site and Grading
Plan, Concept Plan - Parcel C, D, Boundary and Existing Easement
Plan, Cross Sections, and Aerial Photography Plan, collectively
labeled "Margaret Lane - Subdivision MS 852-2005, as prepared by
Aliquot, consisting of six sheets, dated received by the Planning
Division on May 23, 2006.
b. Easement Quitclaim Exhibit labeled "Margaret Lane - Subdivision
852-2005," as prepared by Aliquot, consisting of one sheet, dated
received by the Planning Division of May 23,2006.
2. The applicant shall pay any and all Town and other related fees associated
with the property. 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 ($2,000.00 per lot), Park Land In-lieu
$24,366.00, Child Care Facilities fees ($335.00 per lot), Drainage Area 10
(Flood Control) ($7,270.00), Excavation Mitigation fee (Flood Control)
($2,140.00), Map Check fee ($2,415.00), SCC Regional fee ($942.00 per lot),
and Tri-Valley Transportation fee ($1,736.00).
3. Prior to the recordation of the Final Map, the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $150.75 (67 notices X 3 notifications at $0.75 per notice).
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. The SRVFPD's initial comments on this project are summarized in
part in their memorandum dated January 31, 2006.
5.
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.
6. Prior to any construction activity on the site, the applicant shall retain a qualified
archaeologist to prepare an archaeological study for the site. If any archaeological,
Page 3 of Resolution No. 2006-11
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paleontological, or human remains are found, the applicant shall be required to
comply with all recommendations of the report or requirements of other
agencies/authorities 'which may have jurisdiction over the resources
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.
7.
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.
8.
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.
9.
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.
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.
Page 4 of Resolution No. 2006-11
As part of the initial submittal for the final map, plan check review process,
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.
14. Prior to issuance of grading permits for the project, the applicant shall submit
a construction staging plan for review and approval by the Town. A
construction staging plan will also be required for all subsequent
Development Plans for the future construction of individual homes. At no
time shall construction vehicles or materials be allowed to impede access to
the home to the north which is served by the private access easement which
runs through this site (Barabi). In addition, any temporary disruption of
basic public services such and water and sewer shall be in compliance with
the permitting requirements of those agencies. No parking of vehicles or
storage of materials will be allowed on Margaret Lane.
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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. A temporary vehicular turnaround shall be provided at
the end of the completed section of loop roadway to allow separation of
resident traffic and construction traffic.
15. Prior to the recordation of the final map, the applicant shall bring Parcel A
into conformance by reducing the number of dwelling units on the parcel
from three to a maximum of two. The retention of two units will be subject
to approval of a Development Plan if the second dwelling unit is greater than
750 square feet. Conformance may be achieved by removing one of the units,
combining the duet unit into one unit, or removing the kitchen facilities from
one of the units.
Page 5 of Resolution No. 2006-11
16. Development standards, land uses, and conditional land uses shall be
governed by the Town's R-65; Single Family Residential District Ordinance.
Accordingly, no structure higher than 42 inches will be allowed within the
first 25 feet on either side of the private access easement through the site.
. 17. The Montair Homeowners' Association shall be notified of all future Design
Review Board meetings related to development on any of these parcels.
B. SITE PLANNING
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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.
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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. Alternatively, anyon-site well may be
retained for landscape purposes only subject to approval by the Contra Costa
County Environmental Health Department.
4. The excess pavement near the entry created as a result of the re-alignment of
the access easement and driveway shall be removed and landscaped to the
satisfaction of the Planning Division. In addition, excess pavement! roadway
connecting Parcels A and B shall be removed and planted to the satisfaction
of the Planning Division.
C. LANDSCAPING
1. As per the Town's Tree Preservation Ordinance, the applicant shall be required to
mitigate the removal of healthy Town-protected trees that are necessary to be
removed to accommodate the proposed development by the replacement of new trees
in a number and size equal to the cumulative diameter of the trees to be removed.
The exact location of the. tree mitigation planting shall be subject to review and
approval by the Planning Division. The Town may consider the planting of trees off
site, in nearby pubic locations, if found necessary and appropriate by the Town.
Page 6 of Resolution No. 2006-11
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2. The tree preservation guidelines established in the tree survey performed for
this site, prepared by Joseph McNeil, Consulting Arborist, dated November
10,2005 shall be incorporated into the detailed site development plans. The
arborists report shall be expanded to include a survey and analysis of trees
on Parcels A and B in conjunction with the review of future Development
Plan applications for these parcels.
3.
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
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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.
2.
Lighted 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.
3. New homes to be built on Parcels A, C, and D, and any exterior modification
to the residence on Parcel B, including painting, shall be subjectto review
and approval by the Town under separate Development Plan applications
and shall require review and approval by the Town's Design Review Board.
While the general pad location for the new homes on Parcels C & Dare
Page 7 of Resolution No. 2006-11
approved, the specific foot prints, grading, pad elevation, and size are
specifically not approved as part of this application. All development details
shall be subject to review as part of the individual Development Plan
applications. Notification of all Design Review Board meetings regarding the
development of these parcels shall be provided to the Montair Homeowners'
Association.
E. PARKING
1. Regulatory signagej curb painting for the shared driveway shall be provided
to the satisfaction of the San Ramon Valley Fire Protection District and the
City Engineer. No parking will be allowed on either side of this driveway.
F. GRADING
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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 consistent with the findings and recommendations of
the Preliminary Geotechnical Investigation prepared for the project by
Construction Testing & Engineering, Inc. In addition, development shall be
completed in compliance with a final detailed soils report and the
construction grading plans prepared for the specific individual Development
Plans ultimately approved 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.
Page 8 of Resolution No. 2006-11
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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
. .. .
ffilnIffilze erOSIon.
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.
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.
Page 9 of Resolution No. 2006-11
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
G. STREETS
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1.
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.
2.
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.
3.
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.l. above and shall conform to Standard Plan 104 a & b.
4. 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. Alternatively, documentation that the project
has been incorporated into the existing Montair Homeowner's Association
and that the Homeowner's Association will perform maintenance
responsibilities may be submitted for review and approval by the Town.
H. INFRASTRUCTURE
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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.
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
Page 10 of Resolution No. 2006-11
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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. Prior to recordation of the final map, the applicant shall be required
to obtain any necessary permits from these agencies, or show that such
permits are not necessary.
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. An on-site storm water detention system,
as shown on the project plans and detailed within the project hydraulic
study, shall be constructed as part of the project improvements. The final
hydraulic study shall include an analysis of the existing run-off from all of
the parcels, and run-off from these parcels shall be directed into the detention
system.
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.
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.
8.
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.
9.
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.
10.
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;
Page 11 of Resolution No. 2006-11
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b. Metal poles supporting street lights.
11.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
1. MISCELLANEOUS
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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 serving more than one parcel is expressly
prohibited. The two exiting gates at the entry of the parcel shall be removed
prior to recordation of the final map. The gate/ gates may be re-Iocated to
serve individual parcels only.
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.
4.
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.
5.
The proposed project shall conform to the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) 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
the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be
required for projects under five acres.
Page 12 of Resolution No. 2006-11
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6.
Prior to commencement of any site work that will result in a land disturbance
of one (1) acre 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 Resource
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 letters from the
applicant/ owner stating the above permit(s) are not required for the subject
project.
If the project is over five acres in size, a Notice of Intent (NOI) and Storm
Water Pollution Prevention Plan (SWPPP) shall be filed with the Regional
Water Quality Control Board and a copy given to the City Engineer prior to
commencement of any construction activity. A SWPPP shall be prepared as
part of the preparation of project improvement plans. The SWPPP shall
supplement the erosion control plan prepared for the project, if one is
required. These documents shall also be kept on-site while the project is
under construction.
APPROVED by the Danville Planning Commission at a regular meeting on June 13, 2006,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
~
ChaIrman
APPROVED AS TO FORM:
~/J kt
City Attorney
(~anmng
Page 13 of Resolution No. 2006-11 .
