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HomeMy WebLinkAbout2019-09RESOLUTION NO. 2OL9.O9 APPROVING MINOR SUBDMSION REQUEST MS 851-20L9, VARIANCE REQUEST 1"9-0018, AND TREE REMOVAL REQUEST TR 19-0026 ALLOWING THE SUBDIVISION OF AN EXISTING 0.76 ACRE PARCEL INTO INTO TWO SINGLE FAMILY RESIDENTIAL PARCELS. THE SITE IS LOCATED AT 46 SMOKEWOOD COURT (APN 207-202-022',) WHEREAS, TIM AND ALEXA SHANNON (Owners/Applicants) have requested approval of Minor Subdivision application MS 851,-2019 to subdivide an existing0.76 + / - acre (33,081+ / - square foot) parcel, into two single family residential parcels, resulting in one additional single family residential parcel; and WHEREAS, a Variance is requested to allow for a deviation from the R-15; Single- Family Residential District zoning standards to allow for Parcel L to have a net size of 1,4,238 square feet, while the zoning district requires a minimum 15,000 square foot parce| and WHEREAS, The Tree Removal request would allow for the removal of two Town- protected Oak trees with diameters of 36 and 64 inches; and WHEREAS, the subject site is located at 46 Smokewood Court is further identified as Assessor's Parcel Number 207-202-022; and WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission approval of a tentative parcel map prior to recordation of a final map; and WHEREAS, the Town's Single Family Residential Ordinance sets standards forminimum lot sizes, and any deviation from those standards requires approval of a Variance application; and WHEREAS, the Town's Tree Preservation Ordinance requires approval of a Tree Removal application prior to the removal of any Town-protected tree; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15315, Class L5, Minor Land Divisions; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 24,2019; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now therefore, be it RESOLVED that the Planning Commission approves Minor Subdivision request MS 851- 2019, Variance request VAR 19-18, and Tree Removal request TR 19-26, subject to the conditions contained herein, and make the following findings in support of this action: Minor Subdivision: The proposed subdivision is in substantial conformance with the goals and policies of the 2030 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 sérious public health problems because water and sanitary facilities services will be available to the new parcel. 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. 1 2. 3. 4. Variance: The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public atlarge,for access through or use of, property within the proposed subdivision. 5 1 2. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-15; Single Family Residential District in which the subject property is located. Because of the following special circumstances applicable to the subject property, strict application of the zoningregulations would deprive the subject property of rights enjoyed by others in the general vicinity andf or located in the same zoning district. PAGE 2 OF RESOLUTION NO.2019.09 a. The reduced lot size for Parcel 1 will allow an increase lot size for Parcel 2, allowing Parcel 2 to accommodate the proposed larger home footprint to be developed on that parcel. As a result, a proposed smaller home footprint can be developed.on Parcel L, resulting less of an encroachment, and less potential impacts to three Town-protected Oak trees located in the front yard area of that parcel. J.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 as it would allow for the reasonable development of a single family residence while preserving three Town-protected Oak trees. Tree Removal: 1 Necessit)¡. The primary reason for removal of the Town-protected trees is that one of the trees is dead and the second tree has a severe lean and has been found to be a hazard to the property. \ 2. Erosion/surface water flow. Removal of the Town-protected trees will not cause significant soil erosion or cause a significant diversion or increase in the flow of surface water. 3. Visual effects. surrounding neighborhood contains a significant number of additional trees not effected by the development. In addition, the project proponentwill be required to replace all Town-protected trees removed with trees of an approved species and of a cumulative number and diameter necessary to equal the diameter of the tree(s) which have been approved for removal in accordance with the Town's Tree Preservation Ordinance. With respect to other trees in the area,. the project site and PAGE 3 OF RESOLUTION NO.201.9-09 CONDITIONS OF APPROVAL Conditions of approval with an asterisk 1tt*tt) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the approval 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 a Minor Subdivision application MS 851"-2019 to subdivide an existing0.76 acre (33,081 square foot) parcel, into two single family residential parcels. This approval also authorizes a parcel size Variance for Parcel 1, and the removal of two Town-protected Oak trees. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Parcel Map MS 851,-2019 titled "46 Smokewood Court," as prepared by Carlson, Barbee, and Gibsory Inc., consisting of five sheets, dated August 7,2019 and stamped received by the Town of Danville on August 8, 2019. b. Tree Survey Report prepared by Traverso Tree Service, dated Illf.ay 29, 2019 andrevised August 6,2019. c. Stormwater Control Plan for Small Land Development Projects prepared by Carlsorç Barbee & Gibsoru Inc., dated l|l4ay 20,2019. All Town and other related fees that the property may be subject to shall be paid by the applicant. 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. The following fees are due at final map approval for the project: 1. Base Map Revision Fee........... $ 188.00 2. Parcel Map Plan Check Fee.....,..... .......$ 2,954.00 3. Improvement Plan Check Fee........... ....3% of cost estimate 4. Engineering Inspection Fee .5% oÍ cost estimate 5. Excavation Mitigation Fee (Flood Control) .........$ 1,300.00 fi11.,462.00 1 2. 6. Park Land in Lieu Fee (l unit) PAGE 4 OF RESOLUTION NO. 2019-09 The following fees are due at building permit issuance for the project: 1. Finish Grading Inspection Fee................. 2. Stormwater Pollution Program Fee ........ 3. SCC Regional Fee (1 unit) 4. SCC Sub-Regional Fee (1 unit) ................. 5. Residential TlP Fee (1 uni.t) 6. Tri-Valley Transpoitation Fee (L unit).... $ 84lunit $ 56lunit ........... $ 1.,465.00 ...........$ 4,042.00 ...........$ 2,000.00 ...........$ 4,613.65 J.Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $307.58 ($120 plus 1L3 notices x $0.83 per notice x two notices). 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 beeru or will be, met to the satisfaction of these respective agencies. In the event that subsurface archeological remains are discovered duringarry 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. (Monday through Friday), 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 property owner shall 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. tr tç * 4 5 6 PAGE 5 OF RESOLUTION NO. 2019.09 :t * ,r tr 7 I 9 10 The applicant shall provide security fencing, to the satisfaction of the City Engineer andf or the Chief Building Official, around the site during construction of the project. 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. 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. As part of the initial submittal for the final map, plan check review process/ the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project has been complied with. This report shall list each condition of approval followed by a description of what the property owner has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report is subject to review andapprovalbytheCityEngineer andf or Chief of Planningand/or Chief Building O Íficial, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. *11 Planning Divisionsign-off is required prior to final Buildinglnspectionsign- off. Prior to the issuance of grading or building permits, the applicant shall retain a specialist to assess rodent control impacts anticipated to be associated with grading activity and installation of subdivision improvements. As deemed necessary, following the Planning Division's review of the specialisfs assessment, the applicant shall develop and implement the corresponding rodent control plan to reduce impacts to surrounding properties to the extent reasonably possible for the time periods of heavy construction activity. The report shall include a schedule for regular rodent inspections and mitigation based on the development schedule for the project. This rodent control plan is subject to review and approval by the Planning Division. 12. PAGE 6 OF RESOLUTION NO. 2019-09 * B. SITE PLANNING 1 *2. *3. C. LANDSCAPING All lighting shall be installed in such a manRer 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 Divisionregulations. Environmental HealthDivisionpermits and inspections for this work shall be obtained. The maintenance of existing on-site wells shall be allowed for landscape irrigation purposes subject to review and approval by the Contra Costa County Health Services Department - Environmental Health Division. The development and use of the parcels created by this subdivision shall comply with all requirements of the Town's R-15; Single Family Residential District Ordinance. 4. 1 Project approval authorizes the removal of two Town protected Oaþ identified as Trees #35 and #36 within the projec! arborist report. The applicant shall mitigate the removal of the Town-protected trees by providing for the planting of new trees of a number equal to the diameter(s) of the tree to be removed. The trees shall be a minimum of L5-gallon trees. The location of mitigation trees associated with this approval shall be subject to Town review and approval. Alternatively, off-site trees may be provided for through the applicant's payment of a mitigation fee to the Town. This mitigation fee shall be in the amount equivalent to the costs of the materials and labor for the mitigation trees. Prior to removal of the two Town protected oak trees, the applicant shall consult a certified arboristfor feasible alternatives for preserving Trees #35 and #36 as labeled in the arborist report. If a feasible alternative exists, as determined by the Town, the applicant shall preserve these two Town protected Oaks. PAGE 7 OF RESOLUTION NO. 2019.09 2.Prior to occupancy of new residences built as part of this subdivision, the applicant shall be responsible for planting trees or shrubs for privacy between the site and existing adjacent residences. The applicant shall consult with affected neighbors in choosing the type and location of the vegetation. This approval does not authorize the removal of Tree 31 as identified within the arborist report prepared for this project. A security deposit, in the amount of the assessed value of the Town- protected tree(s) for which grading is proposed to occur within the dripline (calculated pursuant to the Town's Tree Protection Ordinance), shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the "Guide for Establishing Values of Trees and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. All grading or construction work in proximity to Town-protected trees shall be supervised by a Certified Arborist. The developer shall be responsible for the installation of new solid wood design good neighbor fencing around the perimeter of the parcel. Fences shall be constructed of pressure treated Douglas Fir (or equivalent), shall include minimum 2"x8" kickboards, solid 2"x4" top and bottom rails, and 2"x2" nail strips at the top and bottom of the fence boards. An exception to this requirement may be given if both the developer and the adjoining property owner agree to retain the existing fence. 3 4. 5 PAGE 8 OF RESOLUTION NO. 2019-09 * D. ARCHITECTURE 1 *2. GRADING 1 ,r 2. ,r J All ducts, metels, afu conditioning andf or any other mechanical equipment whether on the sffucflrre 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 development of Parcel L and Parcel2, including associated landscaping, shall be subject to the review and approval by the Town and Design Review Board under a separate Development Plan application(s)' 3 E tr Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The engineering recoÍunendations 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 approvalby the Town's Engineering and Planning Divisions. 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 (Ord19-4). 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 developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencinE, padberming and other techniques to minimize erosion. All new development shall be consistent with moclern design for resistance to seismic forces. Al1 new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. tr 4. PAGE 9 OF RESOLUTION NO. 2079-09 * tr 5. 6 STREETS 1 2 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during constructioru 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 andf or treatment of any contaminated soil shall meet all federal state and local regulations. lf deemed appropriate by the Health Department, the property owner 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. All grading activity shall address National Pollutant Discharge Elimination system (NPDES) concerns. Specific rneasures to control sediment runofl construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). The S\¡VPPP 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. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. All staging of construction materials and equipment shall occur on-site. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. tr 7 8.* 9 F * tr 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. 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. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards andf or plans and shall comply with the standard PAGE 1.0 OF RESOLUTION NO. 2019.09 *3 4 5 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. The new private driveway serving Parcel 1 and Parcel 2 shall meet all requirements of the San Ramon Valley Fire Protection District. A guarantee is required for the installation of common area improvements that benefit both parcels. The common area improvements shall include shared portions of driveways and utilities. The guarantee shall take the form of a Subdivision Agreement and acceptable performance security. The guarantee, agreement, and performance security shall be executed prior to the approval of the final map. Any deficiencies in the existing public curb, gutter, sidewalk, or road pavement along the property's Smokewood Court frontage shall be repaired or replaced to current Town standards. These improvements shall be guaranteed by the Subdivision Agreement. A satisfactory private road and private storm drainmaintenance agreement for Parcels L and 2 shall be submitted for review and approval by the Town. 6. 7 G. INFRASTR 1 tr 2 *3 ,r The new residences shall be required to connect to public water and sewer facilities, subject to all permitting requirements and conditions imposed by EBMUD and 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). 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 the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. PAGE 11. OF RESOLUTION NO. 2079-09 5 6 It tr *4. *8. 9 *10 H. MISCELLANEOUS 1 *2. 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 drainãge shall be permittedto surface flow across sidewalks. 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. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits andf 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 Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, ot in public streets. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 7¡k * *The project shall be constructed as approved. Minor modifications in the desigo but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, andhold harmless the Town of Danville and its agents, officers, and employees from any claim, actiory or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Minor Subdivision 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. PAGE 12 OF RESOLUTION NO. 2019-09 tr * * * 3. 4 5. 6 Use of a private gated entrance for more than one house is expressly prohibited As a part of the issuance of a demolition permit andf or building permitfor thê project, the developer shall submit a recycling plan for building and construction materials and the disposition of green waste generated fr.om 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 f arc being recycled according to their recycling pIan, or in an equivalent manner. 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. The project shall conform to the Regional Water Quality Control Board post- construction C.3 regulations which shall be designed and engineered to integrate into the projecfs overall site, architectural, landscaping and improvement plans. These requirements are contained in the project's Stormwater Control Plan and are to be implemented as follows: Prior to issuance of permits ,for building, site improvements, or landscaping, the permit application shall be consistent with the applicant's approved Stormwater Control Plan for a Small Land Development Project and shall include drawings and specifications necessary to implement all measures in the approved plan. The permit application shall include a completed Stormwater Control Plan for a Small Land Development Project as published by the Contra Costa Clean Water Program. I The applicant shall conduct a boundary survey to verify the exactlocationof all property lines prior to recordation of the final map. *7 PAGE 13 OF RESOLUTION NO. 2079-09 APPROVED by the Danville PlanningCommissionata regular.meeting onSeptember2{, 2019, by the following vote: AYES:Combs, Graham, Haberl, Havlik, Radich NOES: None ABSTAINED: None ABSENT: Bowles, Trujillo, Verriere APPROVED AS TO FORM: CITY ATTORNEY G PAGE 1.4 OF RESOLUTION NO. 2019.09