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HomeMy WebLinkAbout080321-05.5ADMINISTRATIVE STAFF REPORT 5.5 TO: Mayor and Town Council August 3, 2021 SUBJECT: Resolution No. 43-2021, approving Minor Subdivision Map and Subdivision Improvement Agreement for Minor Subdivision 851-2020, located at 1475 Lawrence Road BACKGROUND On November 10, 2020, the Planning Commission approved Minor Subdivision 851-2020, a 4-lot single-family residential development at 1475 Lawrence Road subject to the Conditions of Approval (Attachment E). DISCUSSION Plans identifying the improvements to be built have been completed and approved by the City Engineer on July 28, 2021. All Conditions of Approval have been satisfied and a Subdivision Improvement Agreement with the appropriate securities has been submitted by the subdivider for approval. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. A copy of this Administrative Staff Report has been sent to the subdivider. FISCAL IMPACT Upon completion of the project improvements, the Town will be responsible for routine maintenance of 265 lineal feet of decomposed granite trail along Lawrence Road. The total fiscal impact to the Town would be approximately $400 annually. Approving Minor Subdivision Map, 2 August 3, 2021 Subdivision Improvement Agreement MS 851-2020 RECOMMENDATION Adopt Resolution No. 43-2021, approving Minor Subdivision Map and Subdivision Improvement Agreement for Minor Subdivision 851-2020, located at 1475 Lawrence Road. Prepared by: Mark Rusch Development Services Reviewed by: Tai J. Williams Assistant Town Manager Attachments: A – Resolution No. 43-2021 B – Minor Subdivision Map C – Subdivision Improvement Agreement D – Location Map E – Conditions of Approval c: Subdivider: HD, LLC, 696 San Ramon Valley Blvd. #416 Danville, CA 94526 Engineer: CBG Civil Engineers Inc 2633 Camino Ramon, Suite 350 San Ramon, CA 94583 RESOLUTION NO. 43-2021 APPROVING MINOR SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR MINOR SUBDIVISION 851-2020, LOCATED AT 1475 LAWRENCE ROAD WHEREAS, HD LLC, subdivider of said minor subdivision, has requested the Town of Danville approve said Minor Subdivision Map and Subdivision Improvement Agreement; and WHEREAS, the Minor Subdivision Map and Subdivision Improvement Agreement comply with standards set forth in the California Subdivision Map Act and Danville Municipal Code; and WHEREAS, subdivider has now complied with all Conditions of Approval established by the Town of Danville for the subject minor subdivision; and WHEREAS, said minor subdivision lies within the corporate limits of the Town of Danville; and WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are consistent with the Town's General Plan; now, therefore be it RESOLVED, that the Minor Subdivision Map and Subdivision Improvement Agreement are hereby approved, and Town staff is hereby authorized and directed to execute the same on behalf of the Town. APPROVED by the Danville Town Council at a regular meeting on August 3, 2021, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: _____________________________ ________________________________ CITY ATTORNEY CITY CLERK DocuSign Envelope ID: 284EF288-7443-4067-A3C9-D0325E58CD22 ATTACHMENT A A T T A C H M E N T B ATTACHMENT C ATTACHMENT D RESOLUTION NO. 2020-10 APPROVING MINOR SUBDIVISION REQUEST MS 851-2020 AND TREE REMOVAL REQUEST TR20-0039 ALLOWING FOR THE SUBDIVISION OF AN EXISTING FIVE-ACRE PARCEL INTO FOUR SINGLE FAMILY RESIDENTIAL PARCELS LOCATED AT 1475 LAWRENCE ROAD (APN: 206-160-016) WHEREAS, HAVEN DEVELOPMENT has requested approval of Minor Subdivision application MS 851-2020 to subdivide an existing five-acre parcel intofour single family residential parcels; and WHEREAS, the subject site is located at 1475 Lawrence Road and further identified as Assessor’s Parcel Number 206-160-016; 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 project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15315, Class 15, Minor Land Divisions; and WHEREAS, the Planning Commission did review the project atanoticed public hearing on November 10, 2020; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Planning Commission did hear andconsiderall 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- 2020 subject to the conditions contained herein, and make the following findings insupport of this action: DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 ATTACHMENT E PAGE 2 OF RESOLUTION NO. 2020-10 Minor Subdivision: 1. The proposed subdivision is in substantial conformance with the goals and policies of the 2030 General Plan. 2. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facility services will be available to the new parcels. 4. 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. 5. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through oruse 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 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 1. This approval is for a Minor Subdivision application MS 851-2020 to subdivide an existing five-acre parcel into four single family residential parcels. 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 MS 851-2020 titled “1475 Lawrence Road,” as prepared by CBG Civil Engineers, consisting of five sheets, dated October 6, 2020. b. Tree Survey Report prepared by Traverso Tree Service dated August 22, 2020. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 3 OF RESOLUTION NO. 2020-10 c. Stormwater Control Plan prepared by CBG Civil Engineers, dated October 6, 2020. 2. 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 feeschedulein 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 above -mentioned project: 1. Map Check Fee $ 3,406.00 2. Improvement Plan Check Fee 3% of cost estimate 3. Engineering Inspection Fee 5% of cost estimate 4. Grading Inspection, Plan Check & Permit Fee TBD 5. Park Land in Lieu Fee (3 lots) $ 35,012.00 6. Base Map Revision Fee $ 388.00 7. Stormwater Control Plan Review 33% of Consultant Fee The following fees are due at building permit issuance for the above- mentioned project: 1. Child Care Facilities Fee $ 335/lot 2. Finish Grading Inspection Fee $ 86/lot 3. Stormwater Pollution Fee $ 56/lot 4. SCC Regional Fee $ 1,544/lot 5. SCC Sub-Reginal Fee $ 4,259/lot 6. Residential TIP Fee $ 2,000/lot 7. Tri-Valley Transportation Fee $ 4,902/lot 3. Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $304.82 ($130 plus 27 notices x $0.83 per notice x two notices). 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 (SRVUSD) have been, or will be, met to the satisfaction of these respective agencies. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 4 OF RESOLUTION NO. 2020-10 5. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, alllandalteration work within 100 feet of the find shall be halted, the Town Planning Division notified, and a professional archeologist, certified by theSocietyofCalifornia Archeology and/or the Society of Professional Archeology, shall benotified. 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. Ifprehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. 6. 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. 7. 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. 8. 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. 9. 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. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 5 OF RESOLUTION NO. 2020-10 10. 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 thatcondition. The report must be signed by the applicant. 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. 11. Planning Division sign-off is required prior to final Building Inspection sign- off. 12. For all new parcels created by this subdivision, the following statement shall be recorded to run with the deed of the property acknowledging the historic rural nature of the area, and the rights of surrounding property owners to continue existing and/or future legally established rural and agricultural uses: IMPORTANT: BUYER NOTIFICATION This property is located in a historically rural area with existing rural and agricultural uses. Any inconvenience or discomfort from properly conducted agricultural operations, including noise, odors, dust, and chemicals, will not be deemed a nuisance. 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. 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 permits andinspections 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. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 6 OF RESOLUTION NO. 2020-10 3. The development and use of the parcels created by this subdivision shall comply with all requirements of the Town’s R-40; Single Family Residential District Ordinance. C. LANDSCAPING 1. Preliminary landscape plans shall be submitted for review and approval by the Design Review Board as part of the individual Development Plan application for the development of each lot created by this subdivision. 2. This approval allows for the removal of trees 3, 6, 7, and 8 as shown on the project’s Tree Protection Plan, which are in conflict with necessary project improvements.. All efforts shall be made to preserve all other trees (Town- protected and non-protected trees). Additional tree removals may be approved by the Town only if it is found that project improvements cannot be feasibly designed to avoid the necessity for tree removal, or tree removal is necessary to allow for the reasonable development of lots created by this subdivision as may be determined through the review of individual Development Plan applications for the development of each lot. 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. 2. The street numbers for each structure in the project shall be posted to be easily seen from the street at all times, day and night. 3. The development of all four parcels created by this subdivision, 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). E. GRADING 1. 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 DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 7 OF RESOLUTION NO. 2020-10 recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town’s Engineering and Planning Divisions. 2. 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. 3. 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 fencing, pad berming and other techniques to minimize erosion. 4. 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. 5. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 6. 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 property owner shall make provisions for immediate containment of the materials. 7. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 8. 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 DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 8 OF RESOLUTION NO. 2020-10 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. 9. 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. F. 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. 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. 3. All improvements within the public right-of -way, including 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 Departmentand 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. 4. A satisfactory private road and private storm drain maintenance agreement shall be submitted for review and approval by the Town prior to recordation of the final map. 5. The abutters rights shall be relinquished along Lawrence Road that abuts to Parcel 1. G. INFRASTRUCTURE 1. The new and existing residences shall be required to connect to public water and sewer facilities, subject to all permitting requirements and conditions imposed by EBMUD and CCCSD. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 9 OF RESOLUTION NO. 2020-10 2. 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). 3. 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. Developmentwhich proposes tocontribute additional water to existing drainage systems shall be required tocomplete a hydraulic study and make improvements to the system as required tohandle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. 4. 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. 5. 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. 6. The applicant shall furnish proof to the City Engineer of the acquisition ofall necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. 7. 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. 8. All new utilities required to serve the development shall be installed underground. 9. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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 subdivision review process. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 10 OF RESOLUTION NO. 2020-10 2. 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 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. 3. Use of a private gated entrance for more than one parcel is expressly prohibited. 4. 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 ofwastes 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. Atthediscretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. 5. 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 project’s 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 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. DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6 PAGE 11 OF RESOLUTION NO. 2020-10 APPROVED by the Danville Planning Commission at a special meeting on November 10, 2020, by the following vote: AYES: Bowles, Combs, Graham, Havlik, Radich, Trujillo, Verriere NOES: None ABSTAINED: None ABSENT: None CHAIR APPROVED AS TO FORM: CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 77B88183-E493-4861-9182-9E062E0F14C6