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HomeMy WebLinkAbout085-92RESOLUTION NO. 85-92 APPROVING TENTATIVE MAP MS 857-91 WHEREAS, Robert and Victoria Brooks have requested approval of a two lot Tentative Map for a .84+ acre site; and WHEREAS, the subject site is located on the south side of Camino Tassajara, approximately 450 feet east of Alta Vista Way, at 2850 Camino Tassajara and is identified as Assessor's ParCel Number 217-030-004; and WHEREAS, the Town of Danville Zoning Ordinance requires a rezoning of the subject property from A-2; General Agriculture District to R-15; Single Family Residential District to permit a two lot subdivision of the subject property due to the requirement of five acre minimum parcel size for the A-2 zoning district; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Parcel Map; and WHEREAS, the Planning Commission did review and conditionally approve the rezoning and minor subdivision at a noticed public hearing on April 28, 1992; and WHEREAS, the Town Council did review the rezoning and minor subdivision at a noticed public hearing on June 2, 1992; 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 Town Council approve the requests; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and now, therefore, be it RESOLVED that the Town Council approves the rezoning request per the conditions contained herein, and makes the following findings in support of the rezoning: . The proposed Rezoning to R-15; Single Family Residential District will substantially comply with the General Plan. 0 The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. 4. The previously certified EIR prepared for the Sycamore Valley Specific Plan (in PAGE 1 OF RESOLUTION NO. 85-92 conjunction with the .,ddendum to the EIR prepared in 15~o) discussed potential impacts associated with development of the site for residential uses, in part satisfying the requirements of the California Environmental Quality Act; and be it further RESOLVED that the Town Council approves the minor subdivision request per the conditions of approval contained herein, and makes the following findings in support of the minor subdivision: , The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. . The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. . 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 one twenty-six new parcels. . The density of the subdivision is physically suitable for the proposed density of development. o 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. o 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 (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 project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL l, This approval is for a rezoning from A-2; General Agricultural District to R- 15; Single Family Residential District and a two lot subdivision of a .84+ acre site identified as APN: 217-030-004. 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. 85-92 . a. Tentati, v Map (MS 857-91) consisting of one ~,,eet labeled "Tentative Parcel Map MS 857-91", prepared by David B. Hop, Civil Engineer, dated received by the Planning Division on May 21, 1992. 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 Sycamore Valley Benefit District Fees, Improvement Plan check fees, Parcel Map check fees, and the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. , , o The developer and the Town shall enter into a Deferred Improvement Agreement to be recorded prior to or concurrently with recordation of the Parcel Map. The Deferred Improvement Agreement shall be consistent with the following: In the event that this subdivision accesses Camino Tassajara at Alta Vista Way via streets located within Subdivision 7433, the developer and/or current property owners of the subject subdivision are responsible for a percentage of total as-built traffic signal costs at Alta Vista Way and Camino Tassajara. The appropriate contribution percentages shall be determined by the City Engineer at the time of connection to Alta Vista Way, based upon the best current estimated number of units to be served on the south side of the intersection, prorated equitably. The funds collected are to reimburse the property developer on the north side of the intersection for funding of the traffic signal in excess of that development's 50% responsibility. 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 August 29, 1991. 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 $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped, the Town Planning Division notified, and a professional archeologist, certified by the Society of California Archeology PAGE 3 OF RESOLUTION NO. 85-92 B. and/or the So~.ety of Professional Archeology, sha~ .,e 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. . All construction and grading operations, including delivery of materiMs and warming up of machinery, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writingby 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 during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 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, rifle, 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. . 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 Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. SITE PLANNING . All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. . The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any PAGE & OF RESOLUTION NO. 85-92 C. D, Eo . street and the, ont of a building. The front yard setback for the new residence on Parcel B shall be observed from the parcel's northern property line. LANDSCAPING l0 All existing trees on the site (including those present within the Sycamore Creek channel easement) shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. ARCHITECTURE lo o * The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. The new residence developed on Parcel B shall be designed in accord with the following criteria: a0 b0 All four exterior elevations shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim materials around doors and front elevations shall be a minimum thickness of two inches. Fire retardant roof material shall be applied on the new residence, unless otherwise authorized by the San Ramon Fire Protection District. c. The new residence shall not exceed 28 feet in height. Development shall be consistent with Danville's Residential Development Standards. GRADING . o ~ Any grading on adjacent properties will require written approval of those property owners affected. 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils PAGE 5 OF RESOLUTION NO. 85-92 report shall ct..~tain specific recommendations for 1,..,ndation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall address, among other things, the following considerations: a. Structure setback along the creek in accordance with Contra Costa County Flood Control District guidelines. b. Recommendations for drainage and discharge protection. c. Recommendations to minimize expansive soil influence on foundations. O. d. Grading recommendations. e. Liquefaction f. Effects of ground water table levels on foundations. 0 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 opinionas to the safety of the site from settlement and seismic activity. STREETS o The developer shall obtain an encroachment permit from the Engineering DepaciJ~ient 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 Depai'is~ient. . The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found 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. PAGE 6 OF RESOLUTION NO. 85-92 o Parcels A & b of MS 857-91 shall be provided acc~os when Mattos Court (approved to terminate at the northeast side of SD 7443) is extended for the development of the Ricca and Keller properties (APN: 217-030-008 & 009). Such access may be a private driveway located between parcels created on the Ricca or Keller properties. The existing 25 foot wide right of way extending from Camino Tassajara to the subject property shall be abandoned when new access is provided. The precise alignment of access to the subject parcels shall be determined during the development review process for the Ricca and/or Keller properties. H. INFRASTRUCTURE * 1. 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 subject to the review and approval of Contra Costa County Flood Control District and the Department of Fish & Game. o 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. 0 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. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. PAGE 7 OF RESOLUTION NO. 85-92 11. The develope. onall furnish proof to the City Engin~ _C 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. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: a. Removing I cubic yard of channel excavation materiM from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated materiM shall be disposed of offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, b. Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. * 15. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of any proposed construction project that may affect streams in accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Department of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Department of Fish and Game shall be noted or shown on the construction plans. I. MISCELLANEOUS PAGE 8 OF RESOLUTION NO. 85-92 . The project sL.,l be constructed as approved. Min _. 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. . Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. . The developer shall contribute $3,478 to the Town of Danville (based on one new parcel) towards the construction of a future bridge west of the subject site plus $2,260 for construction of pedestrian/equestrian trail on the south side of the creek, totaling $5,738 to be paid prior to issuance of building permits for Parcel B. o The existing mobile home located on the subject property shall be removed prior to issuance of building permits for Parcel B. 0 Minor Subdivision MS 857-91 is approved subject to approval of Ordinance 92-7 (rezoning the subject property from A-2; General Agricultural District to R-15; Single Family Residential Distric0. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, June 2, 1992, by the following vote: AYES: Doyle, Greenberg, Lane, Ritchey, Shimansky NOES: None ABSTAINED: None ABSENT: None TO ?, CITY ATTORNEY ATTEST: CITY CLERK adpz22 PAGE 9 OF RESOLUTION NO. 85-92