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HomeMy WebLinkAbout012-95RESOLUTION NO. 12-95 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE A MAJOR SUBDIVISION, AND VARIANCE REQUEST WHEREAS, The Stringer Co. has requested approval of a Rezoning and Major Subdivision request to rezone the property from R-20; Single Family Residential District to R-15; Single Family Residential District and to subdivide the property into five single family lots. A Variance is requested to allow a substandard average lot width for proposed Lot 5. In addition, an exception to the Town's Subdivision Ordinance is requested to waive the requirement to build a sidewalk on the project's private lane; and WHEREAS, the subject site is located at 175 El Portal Road and is identified as Assessor's Parcel Numbers 200-080-002; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Final Map; and WHEREAS, the Town of Danville Zoning Ordinance allows for the rezoning of property in conformance with the Town's General Plan; and WHEREAS, the Planning Commission did review and recommend approval of the project at a noticed public hearing on December 13, 1994; and WHEREAS, an administrative staff report was submitted recommending that the Town Council approve the request; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERFaX_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 approves the grant of a Negative Declaration of Environmental Significance and approves of the Rezoning (RZ 94- 04) request and makes the following findings in support of the action: o The proposed Rezoning will is in conformance with the requirements of the Danville 2005 General Plan. 2. The uses authorized or proposed in the zoning district are compatible within the PAGE 1 OF RESOLUTION NO. 12-95 district and to uses authorized in adjacent districts. . The proposed rezoning will not be detrimental to the to the health, safety, and general welfare of the Town; now, therefore, be it further RESOLVED that the Town Council of the Town of Danville approves of the Major Subdivision (SD 7933) request and makes the following findings in support of this action: . 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. o 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 five new lots0 o The density of the subdivision is physically suitable for the proposed density of developmenL . 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; now, therefore, be it further RESOLVED that the Town Council of the Town of Danville approves an exception to the Town's Subdivision Ordinance and waives the requirement to construct a sidewalk within this subdivision and makes the following findings in support of this action: lo The proposed exception will not be detrimental to the to the health, safety, and general welfare of the Town since the subdivision's private road serves only five lots. ~ The proposed exception will promote a desired rural character for the neighborhood which is consistent with neighborhoods in the vicinity; PAGE 2 OF RESOLUTION NO. 12-95 now, therefore, be it further RESOLVED that the Town Council of the Town of Danville approves of the Variance request 0fAR 94-33) and makes the following findings in support of this action: o This Variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the proposed R-15; Single Family Residential District in which the subject property is located0 2~ Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: a° The lot includes a 15,000 square foot area which meets the average lot width and therefore the intent of the subject R-15 zoning district. . This Variance is in substantial conformance with the intent and purpose of the R- 15; Single Family Residential District in which the subject property is located since the variance will allow for the creation of a single family parcel which meets the intent of the Zoning Ordinance° CONDITIONS OF APPROVAL 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 Town Council approval of the final map. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 1. This approval is for a Major Subdivision (SD 7933) and Variance (VAR 94-33) request. 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 labeled "Subdivision 7933" including the conceptual cross sections for lots 3 & 4, as prepared by Aliquot Planners, Civil Engineers, Surveyors, dated received by the Planning Division on November 29, 1994. 2. The applicant shall pay any and all Town and other related fees that the PAGE 3 OF RESOLUTION NO. 12-95 0 . . 0 . . 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 Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, Inspection, Benefit Districts and Density Increase fees. 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. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated November 7, 1994~ 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 (indicating that 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. 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. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. The applicant shall require their contractors and subcontractors to fit all PAGE 4 OF RESOLUTION NO. 12-95 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 work days. Dust-producing activities shall be discontinued during high wind periods. 100 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. 11. Approval of this Resolution is subject to the Town Council's approval of Ordinance No. 95-01 which would Rezone the property R-20; Single Family Residential District to R-15; Single Family Residential District. 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. . 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. . Any on-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. . The development and use of the subject property shall be in compliance with the Town's R-15; Single Family Residential District Zoning Ordinance. , The Development Rights for the area within the structural setback line shall be dedicated to the Town of Danville. This dedication shall be shown on the PAGE 5 OF RESOLUTION NO. 12-95 Go O. ~g Final Map for the subdivision. . An access easement, covering the area within the creek side of the structural setback line, shall be dedicated for the purpose of the future development of a pedestrian creekside trail. This easement shall be shown on the final map for this project. This condition may be disregarded if] prior to the recordation of the final map, the Town determines that, because of other planned and existing trails in the area, a trail easement through this property is not needed. LANDSCAPING ~o 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. . Arborist's reports shall be prepared to provide tree-specific preservation measures for the protected trees within the project for which development within the direct vicinity is proposed. The recommendations of this report shall be incorporated into the final design and construction of the project. If site construction activity is to occur in direct vicinity of the protected trees a security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completiono 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 structures. . The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. . The architecture and site planning for all homes to be built on the lots created by this subdivision shall be subject to review and approval by the Planning Division prior to issuance of Building Permits. The architecture may be subject to review by the Town's Design Review Board upon referral by the Planning Division. PAGE 6 OF RESOLUTION NO. 12-95 GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. . 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. o 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. . 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) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. . All new development shall be consistent with modern seismic design for resistance to lateral fbrces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. . Stockpiles of debris, soil, sand or other construction materials that can be blown by the wind shall be covered. . 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. . All construction and 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. A NPDES construction PAGE 7 OF RESOLUTION NO. 12-95 permit may be required, as determined by the City Engineer. * 9o The project developer shall provide a disposal area for all contractors to use for their toxic/pollutant materials resulting from construction activities occurring on the site. F o STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. . 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. . All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. 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° . 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. , Public streets shall be improved to the standards in #G.5. above. 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. . 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. . An exception to the Town's Subdivision Ordinance is granted waiving the requirement for a sidewalk on one side of the project's private lane. PAGE 8 OF RESOLUTION NO. 12-95 Go . The developer shall install a street light near the cul-de-sac on the private lane. Alternatively, the developer may install five individual light posts, one along the frontage of each lot within the interior of the project, subject to review and approval by the City Engineer. 10. E! Portal shall be improved on the southerly and westerly one-half with street paving, curb & gutter (for an ultimate 36' curb to curb street), 4.5' wide sidewalk and street lighting along the entire frontage of this subdivision. A 5' wide public utility easement is required abutting the public street right-of-way at the back of the sidewalk. The specific improvement locations and details shall be determined by the design of the improvement plans, not necessarily in the specific locations depicted on the tentative map. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. . All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. . 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 (CCCFC & WCD). 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, and the United States Army Corps of Engineers codes and policies. , 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 system 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. . Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. PAGE 9 OF RESOLUTION NO. 12-95 7~ Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 8~ 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. o 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. 10. Electrical, gas, telephone, and Cable TV services, shall be provided 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. 11. All new utilities required to serve the development shall be installed underground. 12. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer~ 13~ The drainage pattern for all lots shall include provisions for intercepting the new impervious surfaces (driveways, patios and roof areas) and draining them via closed conduits to approved storm drainage facilities. 14. Prior to recordation of the Final Map the developer shall submit to the Town for review and approval a maintenance agreement which provides for the equitable shared maintenance of the private road, street light, and storm drain system, by the owners of the five lots in this subdivision. 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. , Conditions of this approval may require the applicant to install public improvements on land neither the applicant, nor the Town, has easement rights to allow the improvements to be installed upon. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement rights shall be secured prior to Town Council final approval of any subdivision map. All costs associated PAGE 10 OF RESOLUTION NO. 12-95 with such acquisition shall be borne by the applicant. . Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. Use of a private gated entrance is expressly prohibited. * 5, 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 Postmastero Alternatively, the developer may install individual mail boxes for this project subject to approval by the Town and the local Postmaster. APPROVED by the Town Council of the Town of Danville at a Regular Meeting on January 17, 1995, by the following vote: AYES: Greenberg, Doyle, Ritchey, NOES: None ABSTAINED: None ABSENT: None Shimansky, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY adcz37 ATTEST: CITY CLERK PAGE 11 OF RESOLUTION NO. 12-95