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HomeMy WebLinkAboutASRPC20210810 - 5.1PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission August 10, 2021 SUBJECT: Resolution No. 2021-03, approving Minor Subdivision request MS 852- 2021 allowing the subdivision of an existing 2.6-acre parcel into four single-family residential lots. A Tree Removal permit (TR21-0041) is requested to allow for the removal of one Town-protected 22-inch Coast Live Oak tree. The site is located at 932 La Gonda Way DESCRIPTION This application is a request to subdivide a 2.6-acre parcel, located at 932 La Gonda Way, into four single-family residential lots. The existing residence on the parcel would be retained on proposed Parcel B. The site slopes from La Gonda Way up to the existing sound wall abutting I-680, with a number of trees located mostly around the periphery of the parcel. One 22-inch diameter Town-protected Coast Live Oak tree is proposed to be removed as part of this project. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The site has a General Plan Land Use Designation of Residential- Single Family - Low Density (1-3 dwelling units per acre). The parcel is zoned R-20; Single Family Residential District (requiring a minimum 20,000 square foot parcel size). The proposed subdivision complies with all of the minimum requirements of the zoning district, including net lot sizes and dimensions. Tree Protection An arborist report was prepared for this project by Traverso Tree Service (Attachment C). Eleven trees on the site (or near the site) qualify as Town-protected trees under the Town’s Tree Protection Ordinance. The project has been designed to save the protected trees with the exception of Tree #6, a 22-inch diameter Coast Live Oak, which is in declining health and is located in the area to facilitate the the San Ramon Valley Fire Protection Districts required hammerhead turn around. A yellow ribbon has been tied around Tree #6 for easy identification. Consistent with the Town’s Tree Preservation Ordinance, the applicant would be required to post a tree preservation bond or security to assure the continued good health for any Town-protected tree where grading or development is proposed in a tree dripline. A condition of approval would require that the removal of Tree #6 would be mitigated by the required planting of eleven 15-gallon 932 La Gonda Way 2 August 10, 2021 or five 24-inch box size Oak trees on the site. C.3. Stormwater Pollution Control In compliance with the Town’s Stormwater Management and Discharge Control Ordinance, future development would be subject to compliance with the Town’s C.3 stormwater pollution control requirements as found in the Stormwater Control Plan. One stormwater treatment facility is proposed for all four proposed lots. The storm drain system would be required to be maintained by the homeowners through a maintenance agreement. Geotechnical Investigation A Geotechnical Investigation for the project site was prepared by Stevens, Ferrone & Bailey (Attachment D). The report concludes that the site is suitable for the proposed development from a geotechnical standpoint. All recommomendations included in this report are included in the project conditions of approval by reference. Parcel Development As recommended through conditions of approval, the future development of single- family residences on the proposed Parcels A, C, & D, and Parcel B if it is redeveloped in the future, would be subject to review by the Design Review Board under separate Development Plan applications. Each residence would be required to connect to public water and sewer services. ENVIRONMENTAL REVIEW The project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15315, Class 15 (Minor Land Division). PUBLIC CONTACT Public notice of the August 10, 2021, hearing was mailed to property owners within 750 feet and posted online. A total of 59 notices were mailed to surrounding property owners. 932 La Gonda Way 3 August 10, 2021 RECOMMENDATION Approve Minor Subdivision request MS 852-2021 allowing for the subdivision of an existing 2.6-acre parcel into four single-family residential lots, and Tree Removal request TR21-0041 allowing the removal of one 22-inch diameter Town-protected Coast Live Oak tree subject to the findings and conditions of approval contained within Resolution No. 2021-03. Prepared by: Fred Korbmacher Project Planner Attachments: A - Resolution No. 2021-03 B - Public Notification, Notification Map & Notification List C - Arborist Report (Traverso Tree Service) D - Geotechnical Investigation (Stevens, Ferrone & Bailey) E - Tentative Map MS 852-2021 F - Public Comments RESOLUTION NO. 2021-03 APPROVING MINOR SUBDIVISION REQUEST MS 852-2021 ALLOWING THE SUBDIVISION OF AN EXISTING 2.6-ACRE PARCEL INTO FOUR SINGLE-FAMILY RESIDENTIAL LOTS AND TREE REMOVAL REQUEST TR21-0041 ALLOWING FOR THE REMOVAL OF ONE TOWN-PROTECTED 22-INCH DIAMETER COAST LIVE OAK TREE LOCATED AT 932 LA GONDA WAY WHEREAS, COVEWAY PROPERTIES LLC and JBD INVESTMENTS has requested approval of a Minor Subdivision application (MS 852-2021) to subdivide an existing 2.6- acre parcel into four single family residential lots; and WHEREAS, a Tree Removal is requested to remove a 22-inch diameter Town-protected Coast Live Oak tree; and WHEREAS, the subject site is located at 932 La Gonda Way and further identified as Assessor’s Parcel Number 197-110-013; and WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commission approval of a tentative parcel map prior to recordation of a parcel map; and WHEREAS, the Town’s Tree Preservation Ordinance requires approval of a Tree Removal permit prior to the removal of a Town-protected tree; 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 at a noticed public hearing on August 10, 2021; 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 852- 2021 and Tree Removal request TR21-0041 subject to the conditions contained herein, and makes the following findings in support of these actions: ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2021-03 Minor Subdivision: 1.The proposed minor subdivision is in substantial conformance with the goals and policies of the 2030 General Plan. 2.The design of the proposed minor subdivision is in substantial conformance with the applicable zoning regulations as established under the Town’s R-20; Single Family Residential District Ordinance. 3.The design of the minor 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 minor 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, most Town-protected trees on the site will be preserved, and there are no biologically sensitive habitats on the site that have been identified. 5. The design of the proposed minor 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. Tree Removal 1.Removal of one Town-protected Coast Live Oak tree (Quercus agrifolia) necessary for the reasonable development of the property, in that owner submitted development plans which shows a fire department required hammerhead turn around and the tree conflicts with the proposed hammerhead and building pad grading. 2.The removal of the tree will not have an adverse effect on and will not result in a significant diversion or increase in, the flow of surface water. 3.The removal of the tree will not have a negative effect upon shade or privacy between properties or the scenic beauty of the area due to the presence of existing, mature trees nearby. 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 PAGE 3 OF RESOLUTION NO. 2021-03 review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for Minor Subdivision application MS 852-2021 to subdivide an existing 2.6-acre parcel located at 932 La Gonda Way into four single family residential lots and a Tree Removal request (TR21-0041) allowing the removal of one Town-protected 22-inch diameter Coast Live Oak tree. 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 titled “MS 852-2021,” as prepared by Aliquot Associates, Inc, consisting of three sheets, dated July 1, 2021. b. Geotechnical Investigation as prepared by Stevens, Ferrone & Bailey, dated April 1, 2021. c. Tree Survey Report prepared by Traverso Tree Service dated April 19, 2021. 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 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: 1. Map Check Fee $ 3,640.00 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) $ 36,099.00 6. Base Map Revision Fee $ 485.00 7. Stormwater Control Plan Review 33% of Consultant Fee The following fees are due at building permit issuance: 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 PAGE 4 OF RESOLUTION NO. 2021-03 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 $357.94 ($130 plus 59 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. * 5. 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. * 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 workdays 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 PAGE 5 OF RESOLUTION NO. 2021-03 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. * 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 that condition. 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. 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 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. 3. The development and use of the lots created by this subdivision shall comply with all requirements of the Town’s R-20; Single Family Residential District Ordinance. PAGE 6 OF RESOLUTION NO. 2021-03 C. LANDSCAPING 1. Preliminary landscape plans shall be submitted for review and approval by the Design Review Board as part of individual Development Plan applications for the development of each lot created by this subdivision. 2. As mitigation for the removal of one 22-inch Coast Live Oak tree, the applicant shall plant on-site either eleven 15-gallon Oak trees or five 24-inch box size Oak trees. 3. If site construction activity occurs in the direct vicinity of the on-site and off- site protected trees, a security deposit in the amount of the assessed value of the tree(s) (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 then current addition of the “Guide for Establishing Values of Tree 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. 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 future development of all four lots created by this subdivision, including PAGE 7 OF RESOLUTION NO. 2021-03 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 recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town’s Engineering and Planning Divisions. Development shall be consistent with Geotechnical Investigation referenced above, and shall incorporate all recommended mitigation measures, except as may be otherwise approved by the Town. * 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 PAGE 8 OF RESOLUTION NO. 2021-03 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 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 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. 4. A satisfactory private road and private storm drain maintenance agreement shall be submitted for review and approval by the Town prior to recordation PAGE 9 OF RESOLUTION NO. 2021-03 of the final map. 5. The abutters rights shall be relinquished along La Gonda Way that abuts Parcel A and D. 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. * 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. 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. * 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 of all 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. PAGE 10 OF RESOLUTION NO. 2021-03 * 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. * 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 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. Prior to recordation of the parcel map, the applicant shall prepare a joint maintenance agreement providing for the joint maintenance of the common driveway and shared drainage facilities. The agreement shall provide for the ongoing maintenance of the C-3 stormwater control facility built as part of this development. The requirements of the maintenance agreement shall be recorded to run with the deeds of the four parcels created as part of this subdivision. * 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 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. PAGE 11 OF RESOLUTION NO. 2021-03 * 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. APPROVED by the Danville Planning Commission at a special meeting on August 10, 2021, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: ATTEST: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING