HomeMy WebLinkAbout152-91r/ . '~-~.~ ~"~,~
RESOLUTION NO. 152-91
APPROVING MINOR SUBDMSION REQUEST MS 852-91 SUBDMDING THE
PROPERTY LOCATED AT 899 EL PINTADO ROAD
INTO TWO SINGLE FAMILY LOTS
(RADMALI. - APN 200-020-024)
WHEREAS, Elden and Janet Radmall have requested approval of a Minor Subdivision
request to subdivide the property into two single family parcels; and
WHEREAS, the subject site is located at 899 El Pintado Road and is identified as Assessor's
Parcel Number 200-020-024; and
WI-IE~, the Town of Danville Subdivision Ordinance requires approval of a Tentative
Subdivision Map prior to recordation of the Final Map; and
WHE~,
Rezone the
Residential
the Minor Subdivision request is accompanied by a Rezoning request to
property from P-l; Planned Unit Development District to R-40; Single Family
District; and
WHE~, the Planning Commission did review the project at a noticed public hearing
on May 28, 1991, and denied the request; and
WHEREAS, the applicant appealed the Planning Commission's decision to the Town
Council; and
WHEREAS, the public notice of the Town Council hearing was given in all respects as
required by law; and
WHEREAS, at the public hearing of August 6, 1991 the Town Council did hear and
consider all reports, recommendations, and testimony submitted in writing and presented
at the hearing, and directed staff to prepare Findings and Conditions for Approval of the
project, overturning the Planning Commission's denial of the request; now, therefore, be
it
RESOLVED that the Town Council of the Town of Danville approves the Minor
Subdivision request MS 852-91; and be it
FURTHER RESOLVED that the Town Council makes the following findings in support of
approval of the Minor Subdivision request:
l,
The proposed subdivision is in substantial conformance with the goals and policies
of the General Plan.
PAGE 1 OF RESOLUTION NO. 152-91
.
.
.
.
The proposed subdivision is consistent with the Findings of approval for the
associated Rezoning request contained within Ordinance 91-22.
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 two new parcels.
The density of the subdivision is physically suitable for the proposed density of
development.
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 inan area where residential development has
previously occurred.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to
recordation of the Final Map for the new parcel. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
.
This approval is for a Minor Subdivision request for the property located
at 899 El Pintado Road and further identified as APN: 200-020-024. Except
as may be modified herein, development shall be substantially as shown on
the Tentative Parcel Map labeled "Radmall Property", as prepared by Aliquot,
dated received by the Planning Division on March 7, 1991.
.
The developer 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. Notice
should be taken specifically of the Town's Map Check, Park Land In Lieu,
and Traffic Signal Mitigation fees.
.
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
The Fire District's initial comments on this project are summarized in part
within their letter of March 29, 1991.
PAGE 2 OF RESOLUTION NO. 152-91
B.
Co
.
Within 10 days after approval of the project, the applicant shall submit to
the Town of Danville fees required to file a Categorical Exemption with the
County Clerk. The required fee is $25.00.
.
All construction and grading operations, including delivery of materials and
warming up of machinery, shall be limited to weekdays (Mondays through
Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise
approved in writing by the City Engineer. If determined necessary by the
City Engineer, the project developer shall provide security fencing around
the entire site during construction of the project.
Any building construction activity, delivery of construction supplies, or use
of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays)
during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the Chief Building Official.
,
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 and to the homeowner associations of
nearby residential projects that construction work will commence. The
notice shall include a list of contract 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.
SITE PLANNING
lo
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
.
Development on the new lot shall meet all the requirements of the R-40;
Single Family Residential District.
.
Development rights for the northeast portion of the two parcels, above the
400 foot elevation line, shall be dedicated to the Town of Danville. The
restriction shall be recorded within the deed for the property with the
County Recorder. No structures or grading will be allowed in this area.
Development rights shall be dedicated in a manner approved by the City
Attorney.
ARCHITECTURE
PAGE 3 OF RESOLUTION NO. 152-91
D.
E.
o
Future construction of a new home on Parcel B shall be subject to review
and approval by the Planning Division under a Scenic Hillside Development
Plan application.
o
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 structure(s). The highest point of any roof mounted equipment shall
not extend above the top of the equipment well.
GRADING
.
Any grading on adjacent properties will require written approval of those
property owners affected.
o
Areas undergoing grading, and all other construction activities shall be
watered, or treated with other dust control measures to prevent dust. These
measures shall be approved by the Chief Building Official and employed at
all times as conditions warrant.
.
Prior to the development of lot B, a complete geotechnical investigation
report should be submitted for review by the Engineering Division. The
report should address previous grading activity, and give recommendations
for foundation design on the parcel.
.
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 Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
STREETS
.
The developer shall obtain an encroachment permit from the Engineering
Department prior to commencing any construction activities within any
public right-of-way or easement.
o
Street signing shall be installed by the developer as may be required by the
City Engineer. Traffic signs and parking restriction signs shall which may
be required to be installed shall be subject to review and approval by the
Police Depat:iment.
.
The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
PAGE 4 OF RESOLUTION NO. 152-91
Eo
necessary by the City Engineer.
.
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 developer. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
.
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 standards
established in Title 9 of the City Code. At the time Project Improvement
Plans are submitted, the developer shall supply to the City Engineer an
up-to-date Title Report for the subject property.
INFRASTRUCTURE
le
Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
o
Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District, unless
approval is secured to utilize a private sewage disposal system.
.
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 District.
,
All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
.
Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the City.
.
Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
.
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
.
Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
9. If a storm drain must cross a lot, or be in an easement between lots, the
PAGE 5 OF RESOLUTION NO. 152-91
10.
* 11.
* 12.
* 13.
easement shall be equal to or at least double the depth of the storm drain.
The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control District and the Department of Fish and Game.
The developer shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the construction
of off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the City 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 utilities required to serve the development shall be installed
underground.
All public improvement plans shall be prepared by a licensed civil engineer.
APPROVED by the Danville Town Council at a Regular Meeting held on September 3,
1991, by the following vote:
AYES: Greenberg, Lane, Ritehey,
NOES: None
ABSTAINED: None
ABSENT: Schlendorf
Shimansky
Mayor
APPROVED AS TO FORM:
ATTEST:
City Clerk
ms852-91\adcz8
PAGE 6 OF RESOLUTION NO. 152-91