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HomeMy WebLinkAbout087-93RESOLUTION NO. 87-93 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING FINAL DEVELOPMENT PLAN -MAJOR SUBDIVISION SD 7850 (APN: 200-170-007 -- STRINGER) WHEREAS, The Stringer Company, Inc. has requested approval of a Preliminary Development Plan - Rezoning request and a Final Development Plan - Major Subdivision request on a 2.1 acre site to rezone the property from R-15; Single Family Residential District to P-l; Planned Unit Development District and to subdivide the property into 18 single family parcels; and WHEREAS, the subject site is located at 281 West E1 Pintado Road and is identified as Assessor's Parcel Number 200~170-007; and WHEREAS, the Town of Danville Planned Unit Development Ordinance requires the approval of a Preliminary Development Plan - Rezoning and a Final Development Plan - Major Subdivision request prior to the recordation of a final map; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review and recommend approval of the project at a noticed public hearing on June 22, 1993; and WHEREAS, the Town Council did review the project at a noticed public hearing on July 20, 1993; and WHEREAS, the public notice of this action was given in all respects required by law; and WHEREAS, a staff report was submitted recommending that Town Council adopt a Negative Declaration of Environmental Significance and approve the request; and WHERF&S, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Town Council of the Town of Danville does grant a Negative PAGE 1 OF RESOLUTION NO. 87-93 Declaration of Environmental Significance for the project and approve the Final Development Plan - Major Subdivision (SD 7850) request per the Findings and Conditions of Approval contained within Attachment A of this resolution. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, July 20, 1993 by the following vote: AYES: Shimansky, NOES: None ABSTAIN: None ABSENT: None APPROVED AS TO FORM: Ritchey, Doyle, Greenberg, Lane ATTEST: [/ CITY ATTORNEY CITY CLERK adcz23 PAGE 2 OF RESOLUTION NO. 87-93 c ATTACHMENT A OF RESOLUTION NO. 87-93 Findings and Conditions of Approval PUD 93-03 and SD 7850 -- Stringer FINDINGS: Preliminary Development Plan - Rezoning (PUD 93-03) 1. The proposed rezoning will substantially comply with the General Plan. . 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. Final Development Plan - Major Subdivision (SD 7850) . 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 18 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 in an area where residential development has previously occurred. . 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. . There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. PAGE 1 OF ATTACHMENT A OF RESOLUTION NO. 87-93 CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to the 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 . This approval is for Preliminary Development Plan - Rezoning (PUD 93-03) and Final Development Plan - Major Subdivision requests (SD 7850) to rezone the property from R-15; Single Family Residential District to P-l; Planned Unit Development District and to subdivide the property into 18 single family lots. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Map - Preliminary and Final Development Plan Subdivision 7850, as prepared by Aliquot, date received by the Planning Division on June 17, 1993. b. Preliminary Landscape Plan as prepared by Samson Associates - Landscape Architects, dated received by the Planning Division on May 20, 1993. C. Preliminary Architectural Plans as prepared by Richardson-Nagy- Martin, consisting of nine sheets, dated received by the Planning Division on May 20, 1993. . 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 Transportation Improvement Program (TIP) fee, Park Land in-lieu fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. The Town Council may consider waving fees for the two affordable units as part of the Council's consideration of the affordable housing sale price agreement. . 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 8an Ramon Valley Unified School District PAGE 2 OF ATTACHMENT A OF RESOLUTION NO. 87-93 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 June 1, 1993. . 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 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. . All construction and grading operations, including delivery of materials 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 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 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, 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 PAGE 3 OF ATTACHMENT A OF RESOLUTION NO. 87-93 litter control shall be expressly identified in the notice. * 8. 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 the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. B. SITE PLANNING * 1. 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 street and the front of a building. . Setbacks for the units shall be as shown on the aforementioned project plans with the following minimums: a. Minimum 20 foot front setback. Lots 1 and 18 may have minimum 15 foot secondary frontyard setbacks. b. Minimum 5 foot sideyard setback, with a minimum 10 foot building separation. c. Minimum 12 foot rearyard setback. 4~ Prior to the recordation of the final map for the project the applicant shall develop language, to be recorded to run with the deed to the properties, which set standards to regulate setback requirements related the construction of accessory structures (e.g., gazebos, and hot tubs), and the construction of structures attached to the home (e.g., decks, patio covers and trellises). The language of the standards shall be subject to review and approval by the Town. 5. Uses allowed within this district shall be governed by the allowable uses and PAGE 4 OF ATTACHMENT A OF RESOLUTION NO. 87-93 conditional uses establishes under the R-6; Single Family Residential District Ordinance. . The tentative map shall be revised so that Lot 17 takes access from the interior project private road, utilizing a flag lot to extend between Lots 16 and 18, rather than from West El Pintado. C. LANDSCAPING * 1. Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. . All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray, and have an irrigation efficiency of .625 or better. . All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. . All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. . The landscaped areas within Lot 17, including all landscaping between the unit and the corner and the landscaping along West E1 Pintado to Lot 18, and the landscape areas within Lot 1, east of the units east sideyard fence, shall be contained within a landscape maintenance easement. The maintenance agreement, to include all property owners within the development, shall include provisions to assure the ongoing maintenance of these areas in a healthy growing condition. . Additional landscaping, primarily made up of larger trees, shall be provided along the project's western boundary. The exact location and type of trees shall be subject to review and approval by the Planning Division as part of the submittal of the final landscape plans for the project. PAGE 5 OF ATTACHMENT A OF RESOLUTION NO. 87-93 Do . A project fence or wall shall be constructed along the project's west property line. The design of the fence or wall shall be subject to review and approval by the Planning Division, in consultation with the effected property owners, as part of the submittal of the final landscape plans for the project. . The removal of eight Oak trees and one Redwood tree, as shown on the above referenced tentative map, is authorized by this permit. The remaining three protected Oak trees, located near the property's west property line, shall be preserved. The mitigation measures prescribed within the Tree Report for the site titled "Tree Evaluation & Preservation Recommendations", as prepared by Treescapes, Inc., dated May 12, 1993, shall be utilized to assure the long term health of these trees. In compliance with the Town's Tree Protection Ordinance, a security in the amount of $5,000.00 shall be posted with the Town to assure the preservation of these trees. The security shall be returned upon verification of the health of the trees following two full growing seasons after project completion. . Proposed Coast Redwood trees shall be planted a minimum of 10 feet from walls, overhangs, fences, walks or drives. Street trees and secondary canopy trees shall be planted a minimum of 4 feet from adjacent pavement and/or curbs. 10. The proposed secondary canopy tree, Raywood Ash, shall be replaced with Chinese Hackberry (Celtis Sinensis). 11. In compliance with the Town's Landscape Guidelines, proposed lawn within the project shall be reduced to a maximum of 25 percent of proposed landscaped areas. 12. All proposed ground cover shall be placed so that they fill in within two years. ARCHITECTURE . 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. The highest point of any roof mounted equipment shall not extend above the top of the equipment well. 2. The street numbers of the buildings shall be posted so as to be easily seen PAGE 6 OF ATTACHMENT A OF RESOLUTION NO. 87-93 . . . . . . . from the street at all times, day and night. 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. The left elevations of all units shall be modified to add additional architectural details. Additional details should include high windows, above the line of sight, which will allow additional light into the units while not reducing privacy. Revised color pallets shall be developed which introduce additional colors to the project. Proposed final colors for the units shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. Final architectural plans, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. The applicant shall develop an agreement which will limit the initial sale price of the two proposed affordable units to be developed on Lots 17 and 18 to a total which does not exceed the upper limit of the "moderate" income housing range for a four person moderate income household, as established by ABAG and HUD. The agreement shall specify the maximum income of the buyers, regulate terms of occupancy, resale or any other restriction deemed necessary to assure the continued affordability of the units to moderate income households for a minimum term of twenty (20) years. The formal agreement between the developer and the Town shall be subject to review and approval of the City Attorney and the Chief of Planning and shall be approved by the Town Council prior to approval of the Final Map for the project. The size of the second bedroom within Plan 3, the affordable unit, shall be increased to be large enough to reasonable accommodate double occupancy. The final design shall be subject to review and approval by the Planning Division and the Design Review Board. The affordable unit proposed to be located on Lot 18 shall be moved to be located on another lot within the interior of the subdivision. PAGE 7 OF ATTACHMENT A OF RESOLUTION NO. 87-93 E. F. G, PARKING . The area near the south side of the project entry, currently shown as part of Lot 1, shall be modified to provide three parallel parking spaces. The exact location and design of these parking spaces shall be subject to review and approval by the Planning Division. . The driveway aprons for Lots 17 and 18 shall be modified to have a minimum width of 18 feet, providing parking for two cars. GRADING . 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 derailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. . 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. . The maximum height of the proposed retaining wall in the rear yards of Lots 9 & 10 shall be three feet. 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. PAGE 8 OF ATTACHMENT A OF RESOLUTION NO. 87-93 x g~ . . . . . 7. . Street signing shall be installed by the developer 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 Police Department. 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. 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. The private interior streets proposed shall be improved to public street structural standards and shall include the installation of some type of private street lighting. The street section shall be modified to have a paved width of 28 feet with a 4.5 foot sidewalk on the north side. This section will allow two ten foot drive lanes and eight feet of space for parking to be on the north side of the street. Parking shall be prohibited on the south side of the street. Signage or red curbs, or other means found to be exceptable by the Town, shall be utilized to enforce this restriction as is determined necessary by the City Engineer and the San Ramon Valley Fire Protection District. West E1 Pintado shall be improved to Town standards along the frontage of this subdivision with the installation of paving, curb & gutter, sidewalk and street lighting. West El Pintado is a 40' curb to curb street within a 60' wide public right-of-way. Street dedication will be required. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to Final Map approval. PAGE 9 OF ATTACHMENT A OF RESOLUTION NO. 87-93 U. . The proposed 24 foot wide private road section, fronting Lots 8 thru 10, shall be modified to provide a 28 foot wide road section. This will allow parking on one side of this street. Final design shall be subject to review and approval by the Planning Division. 10. An access easement, allowing access for the adjacent property to the north shall be established over the private road system within this subdivision. INFRASTRUCTURE . Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. . Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. . 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 Town. . 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. . 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 10 OF ATTACHMENT A OF RESOLUTION NO. 87-93 11. 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. 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: ao Removing 1 cubic yard of channel excavation material 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 material 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, bo 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. Except as follows, the storm drainage facility within the boundaries of this subdivision are to be privately maintained. The storm drain system, from the last downstream manhole, located between Lots 7 & 8 and to the west off-site shall be built to public standards and publicly maintained. This off- site system requires that this subdivider obtain the necessary temporary and permanent easement rights at no expense to the Town. Adequate provisions PAGE 11 OF ATTACHMENT A OF RESOLUTION NO. 87-93 for this storm drainage system right-of-way shall be provided to the satisfaction of the City Attorney prior to Final Map approval by Town Council. 16. The location of the storm drain system shall be modified to run between Lots 7 & 8, adjacent to the proposed sewer line, instead of between Lots 8 & 9 as shown on the aforementioned tentative map. Final design shall be subject to review and approval by the Town Engineering Division 17. The developer shall install an additional storm drain catch basin between lots 9 and 10 to catch the storm water runoff from the rear portion of these lots. This system shall connect to the new storm drain pipe to run between lots 7 and 8. 18. Any damage to the existing private storm drain pipe within Perrot Place and La Gonda Way shall be repaired to the satisfaction of the City Engineer. The existing private pipe line shall be inspected for damage as part of the construction project. I. 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. 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. adcz23 PAGE 12 OF ATTACHMENT A OF RESOLUTION NO. 87-93