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HomeMy WebLinkAbout054-85----- DA 5 LLE RESOLUTION NO. 54-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE GRANTING A NEGATIVE DECLARATION AND APPROVING SUBDIVISION 6615 TO CREATE 9 LOTS ON PROPERTY LOCATED AT 950 DIABLO ROAD WHEREAS, the Danville Planning Commission, after holding a duly noticed public hearing, has recommended that the City Council approve Subdivision 6615 subject to conditions contained in Exhibit B of this Resolution, and WHEREAS, the City Council has held a duly noticed public hearing to consider Subdivision 6615, and WHEREAS, City staff has presented substantial factual information regarding the proposed subdivision, and WHEREAS, the city Council has considered all public testimony and information presented during the public hearing, and WHEREAS, the City Council has determined that the proposed subdivision will not have a significant effect on the environment, and WHEREAS, the City Council has determined that the following findings exist in support of Subdivision 6615 to wit: . The proposed map together with the design and improvement of the proposed subdivision is consistent with the General Plan. · The site is physically suitable for the type and proposed density of development. · The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat· · The design of the subdivision and the type of improvements are not likely to cause serious Dublic health Droblems. 542 San Ramon Valley Blvd. · Danville, CA · 94526 * (415) 820-6337 . The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, the city Council has concluded that the stated findings meet the requirements of the Subdivision Map Act and the city's Subdivision Ordinance for approval of the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby grants a Negative Declaration (Exhibit A) and approves Subdivision 6615 subject to compliance with the conditions contained in the attached Exhibit B. PASSED AND ADOPTED this 15%h following vote: day of July , 1985 by the AYES: Lanes Mays McNeely, Schlendorf NOES: None ~A L~ ABSENT: 0ffenhartz ATTEST: CITY CT.ER ~J EXHIBIT A NEGATIVE DECLARATION LEAD AGENCY: City of Danville, Danville, CA. NAME OF PROJECT: Dolsby Subdivision, SD 6615 PROJECT DESCRIPTION: The project is for resubdivision of two existing parcels totaling 5± acres into 9 single family residential lots with 20,000 square foot minimum areas. ENVIRONMENTAL EFFECTS: None identified. MITIGATION MEASURES: None required. DETERMINATION: On June 24, 1985 the Danville Planning Commission determined that the project will not have a significant effect upon the environment. The Initial Study was prepared by the Planning Department, City of Danville. Copies of the Initial Study may be obtained at the City Offices located at 542 San Ramon Valley Boulevard, Danville, California. ATTEST: Wayne P.Rasmussen, Acting Chief of Planning Subdvn. 6615, Dolsby EXHIBIT B CONDITIONS OF APPROVAL Tentative Subdivision Map 6615 is hereby approved subject to compliance with the following conditions· · The Final Map shall be prepared substantially in accord with the Tentative map titled "Tentative Map for Subdivision 6615", prepared by PRC Engineering, Inc., with a date of preparation of April, 1985 except as may be modified by the conditions contained herein· · Minimum lot size shall be 20,000 square feet exclusive of any area within a private road or driveway easement· · Grading of the property shall not be as shown on the Tentative Map but shall be generally as shown on the amended map titled "Exhibit A, Revised Grading Concept Subdivision 6615". A revised grading plan shall be submitted subject to review and approval by the City Engineer and Chief of Planning reflecting the following criteria= a® Tree removal shall be kept to an absolute minimum. The location and size of all trees over 8 inches caliper on the property shall be shown on the revised grading plan. Grading (cut or fill) shall be avoided in the areas around such trees· b. Cut or fill slopes generally shall not exceed 3=1. C· Cut and fill slopes shall be contoured to assimilate the surrounding natural terrain· Straight, uniform slopes shall be avoided· do Grading on the site may occur at the time of initial subdivision improvements, but the amount of grading shall be substantially reduced· Such reduction shall occur by leaving a greater portion of the site in a natural state and substantial reduction in the sizes of the graded pads. · A homeowner's association or other maintenance instrument acceptable to the City Engineer and Chief of Planning shall be formed. The homeowner's association or acceptable maintenance instrument shall be responsible for, and the C.C.& R.'s shall include provisions for maintenance of: a· The private road beginning at San Gregorio Court and terminating on the north in a cul-de-sac; and / f be Private driveways extending both east and west of the private cul-de-sac. c. Private storm drains. · C·C. & R.'s shall be submitted for review and approval by the City Engineer and City Attorney prior to final map recordation. · Design review shall be required for all new homes in the subdivision. As part of the design review process, site plan, elevations, roof plan, grading and drainage plan and proposed colors and materials shall be submitted subject to review and approval by the City Engineer and Chief of Planning. Compliance with the policies contained in the Danville Hillside/Ridgeline Development Standards is required. · Improvement plans for all private roads and driveways shall be submitted for review and approval by the City Engineer prior to approval of the Final Map. · All private roadway easements within Subdivision 6615 which will no longer be utilized for access shall be abandoned prior to recordation of the Final Map. 0 Project design shall conform to all requirements of the San Ramon Valley Fire Protection District. 10. The project shall be annexed to the Central Contra Costa Sanitary District and conform to all development requirements of the District. 11. Compliance with the following conditions of the Engineering Department is required: a· This subdivision shall conform to the provisions of Title 9 of the Contra Costa County Ordinance Code as adopted by the City of Danville· Any exceptions therefrom must be specifically listed. b· The private streets shall be designedand constructed in accordance with the draft "Private Street Policy" prepared by the City of Danville. C. The Covenants, Conditions and Restrictions shall restrict landscaping near intersections to ensure proper sight distance. d· A turnaround shall be provided at the end of the private roadway serving lots 4, 5 and 6 as may be required by Section 96-12.406 of the Ordinance Code. e. A swale shall be provided in the proposed ten foot storm drain easement over the proposed storm drain across lot 2. f. The approved access across lots 23 and 24 of Tract 5937 shall be as shown with an acceptable alternative being to stay within the existing 25 foot wide private easement. g· Furnish proof to the Engineering Department 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. h· All utility distribution services to the new buildings shall be installed undergroung. In addition, underground service shall be provided to the existing house on lot 7 and existing poles removed. i. Plans accompanying the application for building permits shall show existing contours, the extent ofthe proposed grading, and drainage improvements· j · Applicant shall improve a portion of Green Valley Creek downstream of the subjeot subdivision as directed by the Flood Control District or pay a fee for these improvements. The cost of these improvements or the fee to be paid will be a maximum of $4,000 or $500/lot for the eight lots which are undeveloped. k. Submit grading, drainage, and improvements plans to the City Engineer for review; pay the inspection and plan review fees. The improvement plans shall be submitted to the City Engineer prior to the issuance of any building permit. l. Prevent concentrated storm drainage from flowing over the driveway/sidewalk at San Gregorio Court. m. Extend the proposed sanitary sewer into lot 9. 12. Project congtruction activities shall be limited to the hours of 7 A.M. to 6:30 P.M. on weekdays and S A.M. to 6:30 P.M. on Saturdays. Project construction shall not be permitted on Sundays. 13. Water supply serving the parcels concerned in this application shall be by the East Bay Municipal Utility District in accordance with the requirements of the District· 14. If archeologic materials are uncovered during grading, trenching or other excavation, earthwork within 100 feet of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessary. 15. The site shall be watered during the dry season to prevent excessive dust during the construction period. 16. A fence shall be installed along the north and east boundaries of the subdivision with a consistent design there. Design and materials of the fence shall be subject to review and approval by the Chief of Planning. 17. The developer shall pay all applicable City related fees including but not limited to the in-lieu park dedication fee, school impact fee and drainage acreage fee at the rate in effect at the time they become due and payable. lp:54-85 REPORT PLANNING COMMISSION REGULAR MEETING Date: June 24, 1985 / PUBLIC HEARING: YES X NOTICE PUBLISHED IN NEWSPAPER N/A NOTICES MAILED TO PROPERTY OWNERS WITHIN 300 FEET NO 6114185 ITEM: Subdivision 6615; Dolsby RECOMMENDATION: Approve a Negative Declaration and forward proposed Subdivision 6615 to the City Council recommending that it be approved subject to conditions. LOCATION: APN: 950 Diablo Road 196-300-006, 007 ACREAGE/SQ. FT.: 5.05 acres PROPOSAL: Subdivide two existing parcels into 9 single family residential lots with 20,000 square foot minimum areas. OWNER: J. Verl and Pauline Dolsby AGENT: Thayer and Holt, Inc. PREVIOUS ACTION: None EIR: Negative Declaration GENERAL PLAN: ZONING: Single Family Residential-Low Density R-20 LAND USE: Single Family Residential PROJECT DESCRIPTION The proposal is to resubdivide two parcels to create nine single family residential lots. Minimum lot sizes are proposed to be 20,000 square feet. One of the proposed lots contains an existing single family home. Access to the project is proposed by way of a private road off of San Gregorio Court· Pavement width is proposed to be twenty-four feet within a twenty-five private road easement. Conventional pad grading is proposed with building pads ranging from 8,880 square feet to 17,920 square feet. Grading necessary to provide access to the individual lots is also shown on the Tentative Map. EVALUATION It is believed that nine suitably sized and configured lots are reasonable. Access to nine lots by way of a private road is consistent with the City's draft private road standards. The concern with the proposal regards the extent of grading proposed. It is believed that the amount of tree removal proposed is excessive and that the sizes of the finished pads are excessive in light of the amount of grading necessary to create them. Further, the"after-grading" appearance of the site should not be dominated by straight engineered slopes, but should reflect more natural appearing contours· The project is proposed in an area which lends itself to a more "custom" approach to site and house design· A significant reduction in the size of the building pads, and foundations designed to fit the contours of the site could be achieved with a custom project. Staff recommends that the amount of grading be reduced substantially subject to the following criteria: · The amount of tree removal should be kept to an absolute minimum· Areas where substantial tree growth exists (around the Dolsby house and along the south property line) should generally not be graded· . Finished cut or fill slopes should be held to a maximum slope of 4:1 and should be naturally contoured to appear similar to surrounding terrain, · Grading for building pads should not take place with the originalsubdivision improvements but should be deferred until such time as houses are constructed on the individual lots. At that time, limited grading could occur in accordance with the above criteria and subject to Planning and Engineering Department approvals· Other concerns of a minor nature are as follows= ® Minimum lot sizes of 20,000 square feet are required. The proposal indicates that gross area exceeds 20,000 square feet for all lots. However, the Zoning Ordinance does not allow the area within private road or driveway easements to be included in the minimum lot size. Adjustments need to be made to three lots (3, 4, and 6) to result in 20,000 square feet net areas. · Pursuant to Section 96-12.406 of the Subdivision Ordinance, a private driveway serving more than two lots must have a paved turnaround area. The driveway serving lots 4, 5, and 6 must be designed to include such a turnaround. ENVIRONMENTAL REVIEW Staff prepared an Initial Study of Environmental Impact for the project, and has determined that the project would not result in any significant environmental impacts. A Negative Declaration is prepared· RECOMMENDATION It is recommended that the Negative Declaration be approved and that Tentative Subdivision Map 6615 be forwarded to the City council recommending that it be approved, subject to the findings and conditions contained in the attached Exhibit A. Attachments Exhibit A - Findings and Conditions of Approval Exhibit B - General Plan and Zoning Map Designations Exhibit C - Tentative Subdivision Map