HomeMy WebLinkAbout2023-02PAGE 1 OF RESOLUTION NO. 2023-02
RESOLUTION NO. 2023-02
APPROVING MAJOR SUBDIVISION – TENTATIVE MAP (SD 9631) TO
SUBDIVIDE AN EXISTING 15,000 SQUARE FOOT PARCEL INTO FIVE SINGLE-
FAMILY LOTS AND TREE REMOVAL REQUEST TR23-0012 TO REMOVE ONE
TOWN-PROTECTED TREE. THE SITE IS LOCATED AT 144 EL DORADO
AVENUE.
WHEREAS, MARK ONE DEVELOPMENT (Owners) and Mason Wodhams (Applicant)
have requested approval of a Major Subdivision request (SD 9631) allowing the
subdivision of the 15,000 square foot parcel into five lots; and
WHEREAS, a Tree Removal permit (TR23-0012) is requested to allow the removal of one
Town-protected tree; and
WHEREAS, the subject site is located at 144 El Dorado Avenue, and is further identified as
Assessor’s Parcel Number 208-031-001; and
WHEREAS, the Town’s Subdivision Ordinance requires approval of a Major Subdivision –
Tentative Map prior to the recordation of a Final 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 has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA) Section 15315, Class 15; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 28, 2023;
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; 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 Danville Planning Commission approves Major Subdivision –
Tentative Map (SD 9631) and Tree Removal (TR23-0012) requests subject to the
conditions contained herein, and make the following findings in support of this action:
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Major Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2030 General Plan, in that, it includes the retention of multiple housing sites
and the construction of high-quality residential neighborhoods that are compatible
with the existing neighborhood.
2. The design of the proposed subdivision is in substantial conformance with the
applicable P-1; Planned Unit Development 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 five new lots and the site will connect to public
water and sewer facilities.
4. The density of the subdivision is physically suitable for the proposed density of
development as the development is similar to the four previous developments
along the east side of El Dorado Avenue.
5. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred.
6. 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.
Tree Removal Permit
1. Necessity. Removal of the one 12” Valley Oak Town-protected tree is warranted, in
that it is within close proximity of the anticipated development’s footprint, and
therefore is necessary to be removed to allow for the reasonable development, use
and enjoyment of the property.
2. Erosion/surface water flow. Removal of the Town-protected tree will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water, in that proposed site improvements and drainage improvements will
stabilize the site and provide for proper storm water runoff.
3. Visual effects. Tree removal will not result in significant visual impacts, in that the
project site and surrounding neighborhood contains a significant number of
additional trees not effected by the development. In addition, the project proponent
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will be required to replace the Town-protected tree removed with a tree of
an approved species and of a cumulative number and diameter necessary to equal
the diameter of the tree which has been approved for removal in accordance with
the Town’s Tree Preservation Ordinance.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map 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 Major Subdivision – Tentative Map (SD 9631) to
subdivide an existing 15,000 square foot parcel into five single-family lots
and Tree Removal request TR23-0012 to remove one Town-protected tree.
The site is located at 144 El Dorado Avenue. 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 labeled “144 El Dorado Avenue,” as
prepared by Debolt Civil Engineers, dated received by the Planning
Division on January 24, 2023.
b. Arborist Report, as prepared by Bob Peralta, dated June 13, 2022, on file
with the Planning Division.
2. The applicant shall pay or be subject to any and all Town and other related
fees that the property may be subject to. 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. Notice should be taken specifically of:
Fees due prior to final map approval:
1. Map Check Fee ..............................................................$ 3,828.00
2. Improvement Plan Check Fee .................... 3% of cost estimate
3. Engineering Inspection Fee ........................ 5% of cost estimate
4. Base Map Revision Fee ....................................................$ 510.00
5. Drainage Area 10 Fee (Flood Control) .......................$ 7,325.00
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6. Excavation Mitigation Fee (Flood Control) ...............$ 2,155.00
7. Park Land in Lieu Fee (4 lots) ...................................$ 51,510.00
Fees due at building permit issuance:
1. Child Care Facilities Fee ............................................ $ 115/unit
2. Finish Grading Inspection Fee ..................................... $90/unit
3. Stormwater Pollution Program ................................... $ 56/unit
4. SCC Regional Fee ..................................................... $ 1,676/unit
5. Residential TIP Fee .................................................. $ 2,000/unit
6. Tri-Valley Transportation Fee ................................ $ 6,596/unit
3. Prior to the issuance of a grading or building permit, whichever occurs first,
the applicant shall reimburse the Town for notifying surrounding
neighboring residents of the public hearing. The fee shall be $242.05 (135
notices X $0.83 per notice + $130.00).
* 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. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the applicant shall
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-
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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.
* 10. As part of the initial submittal for the final map, plan check, and/or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. This report shall list each condition of
approval followed by a description of what the applicant has provided as
evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
and/or Chief of Planning and/or Chief Building Official and may be
rejected by the Town if it is not comprehensive with respect to the applicable
conditions of approval.
11. Allowable land uses and conditional land uses within this development shall
be as allowed under the Town’s M-30; Multiple Family Residential District
Ordinance.
* 12. Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
13. 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
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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.
14. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of project
clearing and grading activity. Evidence that the developer has offered the
cleaning and completed the cleaning shall be submitted to the Planning
Division.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way.
* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
* 3. Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
4. The development and use of the lots created by this subdivision shall
comply with all requirements of the applicable P-1; Planned Unit
Development zoning regulations.
C. LANDSCAPING
1. The tree identified as tree #8 (12” Valley Oak) within the Arborist Report
prepared for the project is authorized for removal. The developer shall be
required to mitigate the loss the one Town-protected tree. The total
diameter of tree to be removed is 12 inches. As a result, the applicant shall
be responsible for the planting of either six 15-gallon trees or three 24-inch
box size trees. It is anticipated that these trees would not be able to be
planted on site, given the anticipated footprint of the future development.
Therefore, trees would be planted off-site within Town parks and open
space area subject to the applicant’s payment of an off-site mitigation fee.
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The mitigation fee shall be $250.00 per 15-gallon tree or $500.00 per 24-inch
box size tree.
* 2. 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 so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
3. The development of all five lots 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).
4. Future development of the lots created by this subdivision shall be similar
in scale, mass, square footages, and setback to the recently construction
project at 134 El Dorado.
5. Future development of the lots shall include a provision in their CC&Rs or
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private maintenance agreement stating that all garages must be maintained
for use of parking.
E. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the exterior
boundary of the project site, to the homeowner associations of nearby
residential projects and to the Town of Danville Development Services
Department, a notice that construction work will commence. The notice
shall include a list of contact persons with name, title, phone number and
area of responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
* 3. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall
be subject to review and approval by the Town's Engineering and Planning
Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the
site from settlement and seismic activity.
* 5. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). 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.
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* 6. 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.
* 7. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. 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 applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter any drainage facility, inlet or
creek.
* 10. 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.
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. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
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include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
* 4. 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.
* 5. Handicapped ramps shall be provided and located as required by the City
Engineer.
6. Project CC&Rs or private maintenance agreement shall be submitted for
approval of the City Attorney prior to any Town Council final approval
action.
7. The development shall install all curb, gutter and sidewalk along the El
Dorado Avenue street frontage to the satisfaction of the City Engineer.
8. The street alignment and street improvement plans shall be to public
improvement plan standards, to the satisfaction of the City Engineer.
G. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District water
system in accordance with the requirements of District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
3. Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
* 4. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage system shall be required to
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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.
* 5. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 6. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The applicant shall furnish proof to the City Engineer of the acquisition of all
necessary rights of entry, permits and/or easements for the construction of
off-site temporary or permanent road and drainage improvements.
* 9. 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.
* 10. All new utilities required to serve the development shall be installed
underground.
* 11. 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. Staff may approve minor
modifications in the design, but not the use. Any other change will require
Planning Commission approval through the Development Plan review
process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights through
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
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secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
3. The project homeowners’ association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
the on-site common driveway, pedestrian ways, common landscape areas,
common fencing and common drainage facilities.
4. If authorized by the Town, maintenance of all items listed in the conditions
of approval may be accomplished through the formation of private
maintenance agreements instead of through the creation of a project specific
HOA. Draft project CC&Rs or maintenance agreements shall be submitted
to the Town of Danville for review and approval a minimum of 30 days prior
to recordation of the final map.
* 5. Use of a private gated entrance is expressly prohibited.
* 6. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
* 7. The proposed project shall conform to the Town’s Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-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.
8. A statement shall be recorded to run with the deed to the properties within
this subdivision which acknowledges the existence of the existing public trail
and commercial uses to the rear (east) of the subject site and acknowledges
the occasional noise, odors, lighting and associated activities associated with
these uses.
9. Prior to commencement of any off-site work on the Iron Horse Trail, the
applicant shall submit written documentation that all requirements of Contra
Costa County have been met.
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APPROVED by the Danville Planning Commission at a regular meeting on February 28,
2023, by the following vote:
AYES: Combs, Graham, Houlihan, Mintz, Palandrani, Radich, Trujillo
NOES:
ABSTAINED: Bowles
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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