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HomeMy WebLinkAbout124-2012RESOLUTION NO. 124 -2012 APPROVING FINAL DEVELOPMENT PLAN - MINOR SUBDIVISION REQUEST DEV12 -0022 (MS851 -2012) TO ALLOW LOT 4 OF A PREVIOUSLY APPROVED SIX LOT SUBDIVISION TO BE SUBDIVIDED INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS, RESULTING IN ONE ADDITIONAL SINGLE FAMILY LOT (3 TAMALARK LANE) (APN: 203 - 183 -005) WHEREAS, Tamalark Development, Inc. has requested approval of Preliminary Development Plan - Rezoning and Final Development Plan - Minor Subdivision requests to rezone a 3.59 + /- acre site from P -1; Planned Unit Development District to a new P -1; Planned Unit Development District and to allow Lot 4 of the previously approved six lot subdivision to be subdivided into two single family residential parcels, resulting in one additional single family lot; and WHEREAS, the subject site is located at 3 Tamalark Lane, and is further identified as Assessor's Parcel Number 203 - 183 -005; and WHEREAS, the Town of Danville P -1; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan - Rezoning request prior to the approval of a Final Development Plan - Minor Subdivision application; and WHEREAS, the Planning Commission did review and recommend the Town Council approve the project at a noticed public hearing on August 28, 2012; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Class 15, Section 15315; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Danville Town Council did review the project at a noticed public hearing on September 18, 2012; and WHEREAS, a staff report was submitted recommending that the Danville Town Council approve the request; and WHEREAS, the Danville 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 Danville Town Council approves Final Development Plan - Minor Subdivision request DEV12 -0022 (MS851 -2012) and makes the following findings in support of this action: Final Development Plan - Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the Danville 2010 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations and is consistent with the surrounding development. 3. The design of the subdivision and the type of associated improvements would not likely cause serious public health problems because water and sanitary facilities services would be available to the parcels. 4. The density of the subdivision is physically suitable for the subject site and surrounding neighborhood. 5. 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 development has previously occurred. 6. The design of the proposed subdivision and proposed improvements would not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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 the Town Council approval of the initial final map or issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for Preliminary Development Plan - Rezoning request LEG12 -0003 and Final Development Plan - Minor Subdivision request PAGE 2 OF RESOLUTION 124 -2012 DEV12 -0022 (MS851- 2012), rezoning the subject 3.59 +/- acre property from a P -1; Planned Unit Development District to a new P -1; Planned Unit Development District and to allow Lot 4 of a previously approved six lot subdivision to be subdivided into two single family residential parcels, resulting in one additional single family lot. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein, a. Tentative Parcel Map as prepared by Milani & Associates, and dated June, 2012. b. Preliminary Architectural Plans and Floor Plans, consisting of eight sheets, as prepared by Mark Becker Design Planning, dated received by the Planning Division on August 21, 2012. c. Geotechnical Report, as prepared by Alan Kropp & Associates, Inc., dated April 4, 2012. d. Arborist Report, as prepared by Joseph McNeil Consulting Arborist, prepared on August 6, 2012. * 2. The applicant shall pay any and all Town and other related fees applicable to the property. 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. The following fees are due at final map approval for the above - mentioned project: 1. Base Map Revision Fee(2 lots) ........... ........................$176.00 2. Map Check Fee (2 lots) ............. ............................... $ 2,560.00 3. Improvement Plan Check Fee ......3 % of improvement cost 4. Engineering Inspection Fee ..........5 % of improvement cost 5. Excavation Mitigation Fee (1 lot) ....... ........................$650.00 6. Park Land in Lieu Fee (1 lot) ... ............................... $ 9,292.00 The following fees are due at building permit issuance for the above mentioned project: 1. Child Care Facilities Fee ........ ............................... $ 335 /unit 2. Storm Water Pollution Control Fee ....................... $ 51 /unit PAGE 3 OF RESOLUTION 124 -2012 3. SCC Regional Fee ................. ............................... $1,233 /unit 4. SCC Sub - Regional Fee ......... ............................... $ 3,404 /unit 5. Residential TIP Fee .............. ............................... $ 2,000/ unit 6. Tri- Valley Transportation Fee ........................... $ 2,279/ unit 3. Prior to the recordation of the final map the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 517.14 ($110.00 plus 179 notices X $0.83 per notice X two mailings). * 4. 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 would be, met to the satisfaction of these respective agencies. 5. 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. This check shall be made payable to the Contra Costa County Recorders Office and shall be submitted to the Town within five days of project approval. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project within 10 days of approval of this project. The fee shall be $25.00. * 6. 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. * 7. 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. Prior to any construction work on the site, including grading, the applicant shall PAGE 4 OF RESOLUTION 124 -2012 install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. * 8. 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. * 9. The applicant shall require their contractors and subcontractors to fit all 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. * 10. 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 workdays. Dust - producing activities shall be discontinued during high wind periods. * 11. As part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and/ or Chief of Planning and/ or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. * 12. Planning Division sign -off is required prior to final building inspection sign - off by the Building Division. 13. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. The construction staging plan shall not utilize any portion of the nearby roadway system, Old Blackhawk Road. PAGE 5 OF RESOLUTION 124 -2012 14. Unless otherwise specified, the conditions of approval contained within Resolution No. 104 -2006, being the approval document for the previous six lot subdivision of the property, shall continue to apply. 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. * 2. 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. * 3. 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. 4. The previously recorded access easement over the pedestrian bridge shall be amended to state that its rights belong to Parcel 4A and Lot 5. This easement shall allow both property owners the right to use the bridge for passive recreation, but shall not authorize a barbeque or outdoor fire area on the bridge. The intent of this easement is to allow for property owners to use the bridge to enjoy the scenic beauty of the area. 5. Project CC &Rs shall be modified to include the new lot and shall include language addressing maintenance responsibilities for all common areas, including bridge and annual creek maintenance. This document shall be submitted to the Town of Danville to be reviewed by the City Attorney prior to recordation. In addition, the applicant shall perform a cleaning of the creek upon completion of construction on Parcel 4A and Parcel 4B. C. LANDSCAPING * 1. Final landscape and irrigation plans (with planting shown at 1 " =20' scale) shall be submitted for review and approval by the Design Review Board. The plan shall include common names of all plant materials and shall indicate the size that various plant materials would achieve within a five - year period of time. PAGE 6 OF RESOLUTION 124 -2012 * 2. 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 landscape guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed common landscaped areas. * 3. All trees shall be a minimum of 15- gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. * 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. 5. All existing trees on the site shall be preserved to the extent practical. Removal would be allowed only upon prior written approval from the Planning Division. 6. The tree preservation guidelines established in the arborist report prepared for this site by Joseph McNeil and dated August 6, 2012 shall be incorporated into the construction plan. An arborist shall be on site to supervise the installation of the solider piers and all pruning of the trees on the site to ensure the work is performed appropriately and in a manner that maximizes the long term health of the trees. 7. The applicant shall provide a row of evergreen trees and shrubs along the western boundary of Parcel 4A to ensure privacy year round between the adjacent property owners. 8. The eves of the homes may overhang into the structural setback area a maximum of 30 inches. D. ARCHITECTURE * 1. 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. PAGE 7 OF RESOLUTION 124 -2012 2. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 3. The project covenants, conditions and restrictions shall provide a review and approval process for any proposed repainting or re- roofing of exteriors of the units in this project. E. PARKING 1. The guest parking spaces shall be constructed of decorative paver material with a flush curb transition to the asphalt for the private road. 2. Project CC &Rs shall be revised to include the new lot and language related to the maintenance of the private road, bridges, and guest parking spaces. In addition, the CC &Rs shall identify that the property owner private driveway approaches that include grass cells shall be required to be maintained by the owner of that parcel. F. GRADING /ENGINEERING Any grading on adjacent properties would require prior written approval of those property owners affected. 2. 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, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work would commence. The notice shall include a list of contact 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. 3. 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 PAGE 8 OF RESOLUTION 124 -2012 be subject to review and approval by the Town's Engineering and Planning Divisions. * 4. 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. * 5. All development shall take place in compliance with the Erosion Control Ordinance (Ord. 91 -25). Restrictions include limiting construction primarily to the dry months of the year (May through October). If all or part of the construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as sediment traps, silt fencing, pad berming and other techniques to minimize erosion. * 6. All 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 through the Erosion Control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. * 7. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. * 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 10. 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 PAGE 9 OF RESOLUTION 124 -2012 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 11. All grading and improvement plans shall be in conformance with the Geotechnical Report, as prepared by Alan Kropp & Associates, Inc., dated April 4, 2012 and any approved revisions thereto. The final soils report shall address recommendations for pavement design thicknesses. 12. In accordance with Danville Municipal Code 31 -11.14 et seq., the applicant will be required to guarantee the installation of common area improvements that benefit both created parcels. Said common area improvements will include shared portions of driveways and the soldier piers. The guarantee will take the form of a Subdivision Agreement and acceptable performance security. The applicant is encouraged to read and understand the Municipal Code requirements associated with this guarantee and be prepared to execute the agreement and provide the performance security prior to the scheduling of any building permit inspections for either parcel. 13. If the grading work involves moving more than 100 cubic yards of soil, the applicant must obtain a Grading Permit in conformance with Danville Municipal Code Chapter 19. A plan showing appropriate erosion and sediment control measures shall accompany any plans developed in support of the Grading Permit, subject to the review and approval of the Town. The applicant is responsible for payment of all fees according to the schedule in effect at the time the permit is issued. G. 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. 2. 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. PAGE 10 OF RESOLUTION 124 -2012 * 3. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. * 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. * 5. 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 Danville Municipal 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. 6. 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. I _ _ � I a [ 17.53 M � Z ILW OM 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer of the Town of Danville. 4. 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 systems shall be required to complete a hydraulic study and make improvements to the system as required to handle PAGE 11 OF RESOLUTION 124 -2012 the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. * 5. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. * 6. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 7. 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. * 8. 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. * 9. All new utilities required to serve the development shall be installed 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. * 10. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within a residential subdivision shall be under ground, except as follows: a. Equipment appurtenant to under ground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts; b. Metal poles supporting street lights. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. I. BIOLOGICAL RESOURCES 1. Prior to construction, silt fencing or equivalent shall be installed along the top of bank to prevent the movement of amphibians or reptiles from the riparian area onto the project site. Vegetation shall be cleared from the soil surface prior to the installation of the silt fencing. The bottom of this fencing shall be buried to a depth of six inches and shall be checked and maintained PAGE 12 OF RESOLUTION 124 -2012 weekly by the construction team to ensure that no gaps develop through which amphibians or reptiles could pass. This fencing shall be removed when construction of the proposed project is complete. 2. Prior to construction and the installation of the silt fencing described in I.1, a qualified biologist shall conduct a training session on California red - legged frogs and western pond turtles for construction personnel. 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 would require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. 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 with such acquisition shall be borne by the applicant. 3. 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' approval concerning this Planned Unit Development Application, which action is brought within the time period provided for in Section 66499.37. The Town would promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. 4. 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 Planning Division and the local Postmaster. PAGE 13 OF RESOLUTION 124 -2012 * 6. As a part of the issuance of a demolition permit and /or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/ owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were /are being recycled according to their recycling plan, or in an equivalent manner. * 7. The proposed project shall conform to the Town's Stormwater Management and Discharge Control Ordinance (Ord. No. 2004 -06) and all applicable construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/ equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. ADVISORY COMMENTS 1. Per the requirements of the San Ramon Valley Fire Protection District, the turn - around hammerhead shall be maintained with "NO PARKING NO STOPPING" signage. 2. Per the requirements of the San Ramon Valley Fire Protection District, the residences shall be equipped with automatic fire extinguishing sprinkler systems. A minimum of three sets of plans, specifications, equipment lists and calculations for the required fire sprinkler systems shall be submitted to the San Ramon Valley Fire Protection District for review and approval prior to installation. Three sets of architectural plans shall also be submitted to the Fire District. 3. Allied Waste has expressed concerns with the potential need for garbage trucks to cross the private vehicular bridge on a weekly basis and requested that the project- specific covenants, conditions and restrictions (CC &Rs) require that residents on the west side of the bridge place their solid waste and recycling containers on the east side of the bridge on garbage pick -up days or that a waiver be signed releasing Allied Waste of any liability associated with wear and tear on the private roadway. PAGE 14 OF RESOLUTION 124 -2012 APPROVED by the Danville Town Council at a regular meeting on September 18, 2012, by the following vote: AYES: NOES: ABSTAINED: ABSENT: - Arnerich, Doyle, Stepper, Sr -- None None None A ROVED AS TO FORM: CITY ATTORNEY CITY CLERK PAGE 15 OF RESOLUTION 124 -2012 1v1A 1 V X% e Y