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Home My WebLink About2008-05 RESOLUTION NO. 2008-05 APPROVING A DEVELOPMENT PLAN APPLICATION DEV07-0063 TO ALLOW THE CONSTRUCTION OF 28 +J- SQUARE FEET OF LIVING SPACE ON THE MAIN LEVEL, 1,729 +J- SQUARE FEET OF LIVING SPACE AS A SECOND STORY AND 306 +J- SQUARE FEET OF DECK AREA TO AN EXISTING 5,065 +J- SQUARE FOOT HOME LOCATED IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 197-120-021--- ABUGHABEN) WHEREAS, SAM AND CELINA ABU-GHABEN (Owners) and ERIC SHEPHARD (Applicant) requested approval of a Development Plan application DEV07-0063 to allow the construction of 28 + / - square feet of living space on the main level, 1,729 + / - square feet of living space as a second story, 306 + / - square feet of deck area to an existing 5,065 + / - square foot home; and WHEREAS, the subject site is located at 270 EI Pinto Road and is further identified as Assessor's Parcel Number 197-120-021; and WHEREAS, the subject site is located within a Town-identified Major Ridgeline area and requires approval of a Development Plan application prior to construction of the project; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15301, Class 1 (c) (Additions to existing structures); and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on AprilS, 200S; and 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 Planning Commission of the Town of Danville approves the Development Plan application per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Town of Danville's 2010 General Plan. 2. The proposed siting and architecture of the new addition will not conflict with the intent and purposes of Danville Municpal Code Section 32-69 ("Scenic Hillside and Major Ridgeline Development"), in that development will be achieved within the existing footprint of the primary residence, limited to the west side of the home, and will not adversely impact predominate views of a Town-identified Major Ridgeline area. The property is most visible generally only along the private road portion of EI Pinto Road. 3. The proposed development is in conformance with the zoning district in which the property is located. CONDITIONS OF APPROV AL Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit 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 Development Plan application DEV07-0063 to allow 28 +1- square feet of living space on the main level, 1,729 +1- square feet of living space as a second story, 306 +1- square feet of deck area to an existing 5,065 +1- square foot home to an existing single family home, which is located in a Town-identified Major Ridgeline area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site plan, architectural plans and renderings consisting of four sheets, as prepared by Eric Shephard, dated received by the Planning Division on January 31, 2008 and March 11,2008. 2. The applicant shall plant landscaping below the deck to screen the wall that is visible from EI Pinto Road, subject to review and approval by the Town prior to building permit final sign-off. 3. The applicant shall payor 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. PAGE 2 OF RESOLUTION NO. 2008-05 4. Prior to the issuance of building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the one public hearing. The fee shall be $22.41 (27 notices X $0.83 per notice). 5. 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 identify names and contact person for the overall project manager and all contractors and sub-contractors working on the job. 6. 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. 7. 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. 8. Fencing on the parcel shall be limited to open, see-through fences unless otherwise approved by the Planning Division. 9. The colors and materials for the addition shall be consistent with the existing home. 10. 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. 11. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 12. 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) PAGE 3 OF RESOLUTION NO. 2008-05 and Storm Water Pollution Prevention Plan (SWPPP). An NPDES construction permit may be required, as determined by the City Engineer. 13. 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. 14. 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 include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 15. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drain system on EI Pinto. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. 16. All new utilities required to serve the development shall be installed underground. 17. 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. APPROVED by the Danville Planning Commission at a regular meeting on April 8, 2008 by the following vote: AYES: Antoun, Combs, Condie, Morgan, Nichols, 0 born NOES: ABSTAIN: - ABSENT: APPROVED AS TO FORM: 9hf!P.~ Ci Attorney I ing PAGE 4 OF RESOLUTION NO. 2008-05