HomeMy WebLinkAbout101921-06.7ADMINISTRATIVE STAFF REPORT 6.7
TO: Mayor and Town Council October 19, 2021
SUBJECT: Resolution No. 67-2021, approving Minor Subdivision Map and
Subdivision Improvement Agreement for Minor Subdivision 855-2015,
located at 775 Kirkcrest Road
BACKGROUND
On February 25, 2020, the Planning Commission approved Minor Subdivision request
MS 855-2015, a 2-lot single-family residential development at 755 Kirkcrest Road and Tree
Removal request, 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 October 12, 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, there will be no fiscal impact to the Town.
Approving Minor Subdivision Map, 2 October 19, 2021
Subdivision Improvement Agreement
MS 855-2015
RECOMMENDATION
Adopt Resolution No. 67-2021, approving Minor Subdivision Map and Subdivision
Improvement Agreement for Minor Subdivision 855-2015, located at 775 Kirkcrest Road.
Prepared by:
Mark Rusch
Assistant Civil Engineer
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachments: A - Resolution 67-2021
B - Minor Subdivision Map
C - Subdivision Improvement Agreement
D - Location Map
E - Conditions of Approval
c: Subdivider: Karen & Phillip Burkhart
Engineer: Debolt Civil Engineering & Land Surveying
811 San Ramon Valley Blvd, Suite 201
Danville, CA 94526
RESOLUTION NO. 67-2021
APPROVING MINOR SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR MINOR SUBDIVISION 855-2015, LOCATED AT 775
KIRKCREST ROAD
WHEREAS, Karen & Phillip Burkhart, 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 Minor 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 October 19, 2021, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________
CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: 8A568309-0267-4134-A429-6EA3EDE51040
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
NAIIIV 1!1 I I I I I
WHEREAS, KAREN AND PHILIP BURKHART (Owners) DEBOLT CIVIL
ENGINEERING (applicant) have requested approval of Minor Subdivision application
SUB2018-0002 to subdivide an existing 2.06 +/- acre parcel into two single family
residential parcels, resulting in one additional single-family residential parcel; and
WHEREAS, the Tree Removal request would allow for the removal of six Town -
protected Oak trees with diameters of 10-14 inches; and
WHEREAS, the subject site is located at 775 Kirkcrest Road and is further identified as
Assessor's Parcel Number 201-240-023; and
WHEREAS, the Town of Danville Subdivision Ordinance requires Planning Commissio . n
approval of a tentative parcel map prior to recordation of a final map; 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 15, Minor Land Divisions; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 25, 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 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 SUB18-
0002 and Tree Removal request TR20-0003, subject to the conditions contained herein, and
make the following findings in support of this action.
ATTACHMENT E
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
kBUITM76
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 facilities
services will be available to the new parcel.
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 or use of,
property within the proposed subdivision.
FIT-21"IMM
1 Necessity. The primary reason for removal of the Town -protected trees is that they
are located in the only feasible location for a new driveway and the reasonable
development of 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. With respect to other trees in the area, the project site and
surrounding neighborhood contains a significant number of additional trees not
effected by the development. Specifically, there is a creek area to the east with
significant vegetation and tree cover that will continue to provide a barrier and
privacy screen between the subject property and the existing properties and
residences to the east.
a • • • 6 1 IM
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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 SUB18-0002 and Tree
Removal request TR20-0003 to subdivide an existing 2.06 acre into two single
family residential parcels and to allow the removal of six Town -protected
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 titled "775 Kirkcrest Road," as prepared by
DeBolt Civil Engineering, consisting of five sheets, dated October 24,
2019.
b. Tree Survey prepared by Orr Design Office Traverso Tree Service, dated
June 29, 2019.
c. Stormwater Control Plan for Small Land Development Projects prepared
by DeBolt Civil Engineering, dated May 20, 2019.
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 filial 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% of cost estimate
5. Excavation Mitigation Fee (Flood Control) .._.......$1,300.00
6. Park Land in Lieu Fee (1 unit) .... ......................... $11,462.00
The following fees are due at building permit issuance for the project:
1. Finish Grading Inspection Fee ............................... $ 84/unit
2. Stormwater Pollution Program Fee ....................... $ 56/unit
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
3. SCC Regional Fee (1 unit) ................. ..................... $1,465.00
4. SCC Sub -Regional Fee (1 unit) ............................... $ 4t042.00
5. Residential TIP Fee (1 unit) ....................... ..............$ 2,000.00
6. Tri -Valley Transportation Fee (1 unit) ..................$ 4,613.65
3. Prior to issuance of building permit the applicant shall reimburse the Town
for notifying surrounding residents. The fee shall be $201.00 ($120 plus 98
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 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 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.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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.
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.
12. 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 specialist's
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.
B. SITE PLANNING
1 All exterior lighting installed as part of a development shall be compliant
with the following dark sky criteria: lights shall be shielded on the top and
sides so that light does not go up to the sky, and; except where needed for
safety, lights shall utilize motion detectors so that they are only used when
needed and shall utilize the minimum wattage necessary.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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 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.
4. 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. Project approval authorizes the removal of six Town protected Oak trees as
identified on the project tree survey. 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 15 -gallon trees. The location of mitigation trees associated
with this approval shall be subject to Town review and approval, and inay be
deferred until the subsequent approval of a Development Plan for the
development of Parcel B. The six trees authorized for removal shall not be
removed until after a grading permit or building permit related to the
development of Parcel B is approved.
2. 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 Towns 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 Plam-fing. A tree preservation agreement
shall be prepared that outlines the intended and allowed use of funds posted
I WN01 N -mug aU1061NUMMUMOWTIVOYIN
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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.
3. Tree numbers 28, 36, and 37, as shown on plan sheet L-50, contained within
the arborists report for this project, are not authorized for removal as part of
this approval. Any additional tree removal will be subject to review by the
Town as part of a Development Plan application for development of the
parcel.
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 so as
to be easily seen from the street at all times, day and night.
3. The development of Parcel B, including associated landscaping, shall be
subject to the review and approval by the Town and Design Review Board
under a separate Development Plan application.
MMMi 'iE7:_ MO
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.
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.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
3. All, development shall take place in compliance w * ith 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
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 consti uction vehicles, parking and material
storage area. All staging of construction materials and equipment shall occur
on-site. No construction related equipment or material shall be allowed to
block pedestrian access to the adjacent pedestrian trail. This plan shall be
subject to review and approval by the Town prior to the issuance of a
grading permit.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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 curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
4. The new private driveway servingParcel B shall meet all requirements of the
I San Ramon Valley Fire Protection District.
5. As may be determined necessary by the Town, a satisfactory private road
and private storm drain maintenance agreement for Parcels A and B shall be
submitted for review and approval by the Town.
G. INFRASTRUCTURE
1. The new residence 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.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
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. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
6. 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.
7. 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.
8. 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.
9. All new utilities required to serve the development shall be installed
underground.
10. 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 Development Plan
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 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.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
3. Use of a private gated entrance for more than one house is expressly
prohibited.
4. 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 disposition 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.
5. 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.
6. 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 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.
7. The applicant shall conduct a boundary survey to verify the exact location of
all property lines prior to recordation of the final map.
DocuSign Envelope ID: 6E28D3B7-4420-4631-A675-9930FOF9709A
APPROVED by the Danville Planning Commission at a regular meeting on February 25,
2020, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Trujillo, Verriere
NOES: None
ABSTAINED: None
ABSENT: Havlik, Radich —Docusigned by;
CITY ATTORNEY
A *6
CHiE4 ANNING
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