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HomeMy WebLinkAbout2006-25 RESOLUTION NO. 2006-25 APPROVING MINOR SUBDIVISION REQUEST MS 851-2003 SUBDIVIDING A 9.87 +/- ACRE PARCEL INTO FOUR SINGLE FAMILY RESIDENTIAL PARCELS (APN: 206-160-004 - MOSLE) WHEREAS, GOLDEN BUFFALO LLC, JIM MOSLE (Owner/ Applicant) has requested approval of a four parcel minor subdivision on a 9.87 + / - acre site; and WHEREAS, the subject site is located at 1591 Lawrence Road and is further identified as Assessor's Parcel Number 206-160-004; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Parcel Map prior to recordation of a Final Map; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on September 12, 2006; 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 851-2003 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS: 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 PAGE 1 OF RESOLUTION NO. 2006-25 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 four 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 (*) 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 a Minor Subdivision MS 851-2003 located at 1591 Lawrence Road. Development shall be substantially as shown on the Vesting Tentative Map labeled "1591 Lawrence Road," consisting of one sheet, prepared by DeBolt Civil Engineering, dated received by the Engineering Division on July 21, 2006, except as may be modified by conditions contained herein; * 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 PAGE 2 OF RESOLUTION NO. 2006-25 * * * * Residential Transportation Improvement Program (TIP) fee ($2,000.00 per lot), Park Land In-lieu fee ($24,366.00), Child Care Facilities fee ($335.00 per lot), SCC Regional Transportation fee ($1,023.00 per lot) (SCC Sub Regional Transportation fee ($2,823.00 per lot), Tri-Valley Transportation fee ($1,888.00), Lawrence Road Benefit District fee ($49,638.00) Flood Control & Water Conservation District fees, and Plan Checking and Inspection fees. 3. Prior to recordation of the final map, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $40.50 (27 notices X 2 notes X $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. 6. 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. (Monday through Friday), 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'x3' 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 PAGE 3 OF RESOLUTION NO. 2006-25 * 9. * 10. * 11. * 12. * 13. 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, 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. This project shall comply with all requirements established under the Lawrence/Leema Road Specific Plan. 15. For all new lots created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property PAGE 4 OF RESOLUTION NO. 2006-25 owners to continue existing and/ or future legally established ruralj agricultural uses: IMPORT ANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, induding noise, odors, dust,. and chemicals, will not be deemed a nuisance. 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. If approved by the Environmental Health Division, any existing private well may be retained for use for landscaping purposes only. 4. No interior street lighting shall be installed within this subdivision. Low, ground directed, driveway/entry lighting for individual properties, shall be subject to review and approval by the Town's Design Review Board. 5. The applicant shall offer the dedication of a drainage easement to the contra Costa County Flood Control District for the entire area within the Alamo Creek and the associated structural setbacks. Development rights for this area shall be dedicated to the Town of Danville. No structures, including swimming pools, will be allowed to be constructed within this area. 6. For Parcels C and D, a deed notification shall be recorded to run with the deeds to these properties notifying all future owners of the existence of the Flood Control easement and dedication of development rights for the area PAGE 5 OF RESOLUTION NO. 2006-25 between the structural setback lines. In addition, for Parcel D, a deed notification shall be recorded notifying future property owners of the pedestrian access easement and the possible future development of a pedestrian trail at the top of the bank of the creek. C. LANDSCAPING * 1. 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. 2. Landscaping plans shall be required as part of the individual Development Plan applications for the development of new homes on the three vacant parcels. 3. The roadside ditch shall be lined with river rock material and a low maintenance groundcover to prevent erosion and to help filter water. This treatment shall be similar to the treatment installed along the frontage of the Lawrence Estates project further north up Lawrence Road. The trailj ditch will be maintained by the Town of Danville. D. ARCHITECTURE 1. Development of the lots within this subdivision shall consist of individual custom homes which are designed for each lot. Tract or production homes are not allowed. The development of each parcel within this subdivision shall be subject to review and approval by the Town and the Design Review Board under individual Development Plan applications. 2. Development on Parcels 1, 2, 3 shall be consistent with the development standards contained within the Town's R-40; Single Family Residential District Ordinance. Development on Parcel D shall be consistent with the development standards contained within the Town's R-100; Single Family Residential District Ordinance. Allowable and conditional land uses shall be consistent with the requirements of the Town's R-40 and R-100; Single Family Residential District Ordinance, respectively. 3. 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. PAGE 6 OF RESOLUTION NO. 2006-25 * * 4. 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. 5. 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. 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 PAGE 7 OF RESOLUTION NO. 2006-25 * * * * * 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 . .. . numnuze 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. 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 PAGE 8 OF RESOLUTION NO. 2006-25 * * * * * * public right-of-way or easement. 2. Parking shall not be allowed on either side of the proposed 20' wide private street. 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. 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. 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 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. 8. The Project shall be required to stripe curbs and/ or install any necessary parking or circulation signage, as determined by the Transportation Division and the Fire Distirct. 9. The 16 foot wide bridge to serve Parcel D shall be subject to review and approval by the City Engineer, Town Building Division, and the Contra PAGE 9 OF RESOLUTION NO. 2006-25 Costa County Flood Control District. The bridge may be built as part of the improvement plans for the subdivision or in conjunction with the development of Parcel D. 11. The Lawrence Road street section along the frontage of this parcel shall be consistent with the rural standards roadway established within the Lawrence/Leema Road Specific Plan. This shall include a 31 foot wide half street section, including a 12 foot drive aisle, 2 foot shoulder, four foot ditch, and 11 foot wide public utility easement. The applicant shall dedicate frontage as a public right-of-way if necessary to accommodate this roadway section. The tentative map shall be revised (and submitted to the Town) to include this road section within 60 days of approval of this tentative map. 12. The applicant shall be required to construct a six foot wide pedestrian/ equestrian trail within the 11 foot wide public utility easement as part of this project. The trail shall be constructed of decomposed granite, or a similar material subject to review and approval by the Town. The trail shall include appropriate transitions to Lawrence Road, subject to review and approval by the Town. The trail shall be constructed to avoid damaging any of the existing Oak trees along the parcel's frontage. 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. 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 U.S. Fish and Wildlife, California Regional Water Quality Control Board and the United States Army Corps of Engineers codes and policies. PAGE 10 OF RESOLUTION NO. 2006-25 * * * 7. * 8. * 9. * 10. * 11. * 12. 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. 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. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a 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; All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. PAGE 11 OF RESOLUTION NO. 2006-25 13. The applicant shall reduce post-development flows to predicted pre- development flow levels at the County line. The project shall under no circumstances result in a peak flow rate in Alamo Creek at the County line greater than the flow restriction of 132.3 cubic meters per second (4670 cfs), when considering ultimate development of the watershed. This flow limit was agreed upon by Alameda and Contra Costa Counties. The applicant shall mitigate this project's increase in peak flow rates within Alamo Creek by implementing one of the following measures: A. Constructing an on-site detention basin at the down gradient end of the project site to reduce post-development flows to predicted pre- development flow levels at the downstream project boundary and at the County line. The preliminary design of the basin shall be based on results from hydrology modeling which utilizes the CCCFC&WCD model or other hydrology modeling which meets the approval of CCCFC&WCD. OR, B. Prior to filing the first Final Map, obtain agreements and coordinate with other developments within the Alamo Creek watershed to increase the size and capacity of off-site detention basin(s), as necessary, to reduce this project's post-development flows to predicted pre-development flow levels at the County line. All off- site drainage mitigation in conjunction with any other development within the Alamo Creek watershed shall be subject to the review of the CCCFC&WCD and review and approval of the Public Works Department. OR, C. Project storm water shall drain to the southern end of the project and discharge into the Lawrence Road drainage system that runs south down Lawrence Road and discharges into Alamo Creek. Increased storm water run-off from this project and other development in the Lawrence Road area that will be served by this drainage system will be mitigated by detention facilities downstream of the Lawrence Road area. The applicant shall form a benefit assessment district or annex into an existing benefit assessment district to collect revenue for this project's fair share cost of maintaining the downstream storm water detention facilities. PAGE 12 OF RESOLUTION NO. 2006-25 14. Homes to be constructed on all three parcels shall connect to public water. and sewer facilities and pay the Lawrence Road Benefit District fee. Connection to water and sewer shall be guaranteed through the subdivision improvement agreement for the project. 15. The applicant shall dedicate a public access easement from the centerline of the creek to the creek's structural setback line on Parcel D. 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. 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 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 PAGE 13 OF RESOLUTION NO. 2006-25 Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. * 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 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. 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 September 12, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Graham, Morgan, Storer Mora",Nich:m1~ Chairman APPROVED AS TO FORM: (J2.~t& ~I City Attorney PAGE 14 OF RESOLUTION NO. 2006-25