HomeMy WebLinkAbout2023-04
RESOLUTION NO. 2023-04
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE, APPROVING MINOR SUBDIVISION MS 870-2022, AND TREE
REMOVAL PERMIT TR23-0007 ALLOWING THE SUBDIVISION OF AN
EXISTING 2.15-ACRE PARCEL LOCATED AT 824 DANVILLE BLVD. INTO FOUR
SINGLE-FAMILY RESIDENTIAL LOTS. THE TREE REMOVAL REQUEST
WOULD ALLOW FOR THE REMOVAL OF 38 TOWN-PROTECTED TREES
(APN: 200-090-003)
WHEREAS, Jason Bond has requested approval of a Minor Subdivision application (MS
870-2022) and Tree Removal Permit (TR23-0007) to subdivide an existing 2.15-acre parcel
into four single-family residential lots; and
WHEREAS, the Tree Removal permit would allow for the removal of 19 Town-protected
trees; and
WHEREAS, the subject site is located at 824 Danville Blvd. and further identified as
Assessor’s Parcel Number 200-090-003; 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, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project revisions and/or
recommended conditions of approval, no significant adverse environmental impacts are
expected to be associated with the project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on March 14, 2023; 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
concerning the project at a noticed public hearing on March 14, 2023; now, therefore, be
it
RESOLVED that the Planning Commission approves the Mitigated Negative Declaration
of Environmental Significance and approved Minor Subdivision MS 870-2023, and Tree
Removal permit TR23-0007 subject to the conditions contained herein, and make the
following findings in support of this action:
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FINDINGS OF APPROVAL
Development Plan - Major Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2030 General Plan and the site’s Residential – Single Family – Low
Density (1-3) units per acre) land use designation.
2. The design of the proposed 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 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 or use
of property within the proposed subdivision.
6. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to the residential developments adjacent and vicinity of the site.
Tree Removal Permit
1. Necessity. The primary reason for removal of the 19 trees is that preservation of
those trees would be inconsistent with the proposed residential development of
the property, including the creation of a new roadway to access the main project
area, infrastructure improvements, and the location of the housing units.
2. Erosion/surface water flow. Removal of the 19 trees, would 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
immediately abutting area contain numerous trees, including Town-protected
Valley Oaks, Live Oaks, and one Redwood tree that would not be removed for the
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project. Landscaping to be planted as part of the development will provide for on-
site mitigation for the loss of trees.
4. Removal of the 19 trees, would not significantly affect off-site shade or adversely
affect privacy between properties due to the site’s topography, the other trees that
would remain, and the locations of the trees in relation to other properties.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (“*”) in the left-hand column are standard project
conditions of approval. Conditions of approval typed in italicized text are mitigation measures
derived from the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to the
approval of the final map or issuance of grading permits 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 Minor Subdivision application MS 870-2022, and Tree
Removal permit TR22-0007 allowing the subdivision of a 2.15-acre parcel
located at 824 Danville Blvd, into four single family residential lots. The
Tree Removal permit allows for the removal of 19 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 Map MS 870-2022 titled “824 Danville Boulevard,” as
prepared by DeBolt Civil Engineering, consisting of 4 sheets, dated
December 22, 2022.
b. Tree Report, prepared by Bob Peralta Arbor Consulting dated June 10,
2022, revised January 9, 2023
c. Environmental Site Assessment, prepared by ENGEO Incorporated,
dated September 23, 2022.
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 for the above-mentioned
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project and are subject to annual increases:
1. Map Check Fee .........................................................$ 3,582.00
2. Base Map Revision Fee ...............................................$ 408.00
3. Improvement Plan Check Fee ............... 3% of cost estimate
4. Engineering Inspection Fee ................... 5% of cost estimate
5. Grading Plan Check, Inspection and Permit .................TBD
6. Excavation Mitigation Fee (Flood Control) ..........$ 3,108.00
7. Drainage Area 10 (Flood Control) .......................$ 10,560.00
8. Park Land in Lieu Fee (3 Lots) .............................$ 38,633.00
The following fees are due at building permit issuance for the above
mentioned project and are subject to annual increases (credit for existing
house):
1. Child Care Facilities Fee ...................................... $ 335/unit
2. Finish Grading Fee ................................................. $ 86/unit
3. Stormwater Pollution Program Fee ..................... $ 56/unit
4. SCC Regional Fee............................................... $ 1,676/unit
5. Residential TIP Fee ............................................ $ 2,000/unit
6. Tri-Valley Transportation Fee .......................... $ 6,597/unit
3. Prior to issuance of building permit the applicant shall reimburse the Town
for notifying surrounding residents. The fee shall be $444.26 ($130 plus 111
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
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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 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.
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12. If tree removal must take place between February 1st and August 31st,,
preconstruction nesting surveys shall be conducted by a qualified biologist to ensure no nesting birds would be impacted by the trees’ removal. If birds are
determined to be nesting in the tree(s) slated for removal or in a nearby tree that
could be disturbed by noise, a non-disturbance buffer shall be demarcated around
the nest tree and no disturbance shall occur within the buffer zone until the present
birds have finished nesting. Once nesting is completed and the young birds are
flying freely, the non-disturbance buffer may be removed.
13. Prior to the issuance of grading 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 a 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 in
conjunction with the developer and the Town based on the development
schedule for the project. This report shall be subject to review and approval
by 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. 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.
C. LANDSCAPING
1. Final Landscape and Irrigation Plans (Landscape Plans), with planting
shown at 1”=20’ scale, shall be submitted for review and approval by the
Planning Division and Design Review Board. The plan shall include
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common names of all plant materials and shall indicate the size that various
plant materials will achieve within a five-year period of time.
2. This approval authorizes the removal of the following 19 Town-protected trees, as
identified within the project arborist report: Tree numbers 8, 9, 11, 12, 13, 14, 15,
16, 17, 28, 29, 30, 31, 34, 39, 46, 48, 68, 71A. The developer shall be required to
mitigate the loss of the 19 Town-protected trees. The total diameter of trees to be removed is 449 inches. However, many of these trees are in poor or critical condition and should be removed with or without this development. Tree mitigation
shall be related to Town-protected trees to be removed with are in fair condition or
better only. As a result, the applicant shall be responsible for the planting of either
31 15-gallon trees or 15 24-inch box size trees. All required mitigation trees shall be planted on-site.
3. Additional Tree Removals may be approved by the Town and the Design Review
Board if the tree removal(s) are found to be necessary to reasonable develop the lots or to build the private improvements, as may be determined through the review of the architectural plans for each lot. The architectural plans shall be designed to minimize additional tree removals. If additional Town-protected trees are approved
for removal, the planting of additional mitigation trees will be required.
4. Landscape plans for each lot developed within this subdivision shall be subject to review and approval by the Town’s Design Review Board as part of the review of individual Development Plan applications. The landscape plans shall incorporate
all the mitigation trees specified in Condition of Approval C.2. In addition, an
arborist report shall be prepared to further evaluate the health of trees around the periphery of each lot, and to make recommendation regarding the possible remove of selected trees which may help the remaining trees grow in a heathier manner.
5. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. The irrigation
system shall comply with East Bay Municipal Utility District’s Section 31
Water Efficiency requirements, including use of a weather-based controller
with soil moisture probe and rain-shutoff switch.
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.
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3. The future development of each lot created by this subdivision shall be
subject to review and approval by the Design Review Board under a
separate Development Plan application(s).
4. Prior to any renovation or new construction of the residence on Parcel D,
the applicant shall submit a Land Use Permit application to allow for re-
establishment of a legal non-conforming which is located within the creek
setback area. Through this process, the applicant must demonstrate
approval from the Contra Costa County Flood Control District and that
there will be no negative impacts associated with the building location.
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.
* 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
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wind shall be covered.
6. The Modified Phase I Environmental Site Assessment prepared for this site found
the presence of Lead, Dieldrin, and Chlordane at above acceptable concentrations.
As found appropriate by the Contra County Health Department, Hazardous Waste
Division, the property owner shall make provisions for remediation immediate
containment of the materials prior to approval of general grading operations.
* 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.
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4. A satisfactory private storm drain maintenance agreement for the C.3
retention basin shall be submitted for review and approval by the Town
prior to recordation of the final map.
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.
* 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.
* 9. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
H. MISCELLANEOUS
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* 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. 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.
* 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
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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 March 28,
2023, by the following vote:
AYES: Bowles, Combs, Houlihan, Mintz, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Graham
_____________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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