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HomeMy WebLinkAbout2009-01 RESOLUTION NO. 2009-01 , APPROVING DEVELOPMENT PLAN REQUEST DEV08-0024 ALLOWING THE MOVEMENT OF 273 +/- CUBIC YARDS OF SOIL WITHIN A TOWN- IDENTIFIED MAJOR RIDGELINE AREA AND ALLOWING THE RETENTION OF A PREVIOUSLY CONSTRUCTED PRIVATE SPORTS FIELD (APN: 197-130-019 - LOWE) WHEREAS, David and Connie Lowe (OWNERS) have requested approval of a Development Plan request (DEV08-0024) to allow the movement of 273+/- cubic yards of soil within a Town-identified Major Ridgeline area. This work was previously performed. Approval of the Development Plan would allow the retention of the existing 15,200 + / - square foot artificial sports field on the ridgeline area, and associated retaining walls. An exception is also requested to allow the development to occur within 100 vertical feet of the top of the ridgeline on a 2.3 + / - acre site; and WHEREAS, the subject site is located at 485 EI Alamo and is further identified as Assessor's Parcel Number 197-130-019; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance requires approval of a Development Plan application and requires the granting of an exception to allow development to be located within 100 vertical feet of the top of a Town- identified Major Ridgeline; and WHEREAS, the Planning Commission did review and continue the project to a date uncertain at a noticed public hearing on February 10, 2009; and WHEREAS, the Planning Commission did review the project during a noticed public hearing on May 26, 2009; and WHEREAS, a Mitigated Negative of Environmental Significance has been prepared for this project indicating that, as amended through project modifications or recommended conditions of approval, no significant environmental impacts are expected to be associated with the project; 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 PAGE 1 OF RESOLUTION NO. 2009-01 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 Development Plan request DEV08-0024 subject to the findings and conditions of approval contained herein: FINDINGS: 1. The siting and design of the sports field will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development will be achieved with minimal grading and will not adversely impact predominate views of a Town-identified Major Ridgeline area. The required maximum five-foot tall cyclone fence and screening landscaping will minimize the view of the facility from surrounding properties. 2. The proposed development is in conformance with the goals and policies of the 2010 General Plan. General Plan Community Development Goal 2 is to "Integrate new development visually and functionally in a manner compatible with the physical character of the surrounding community." 3. The proposed development is in conformance with the R-100; Single Family Zoning District. Private sports field facilities are an allowed use in the single family district in which the property is located. 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. 1. This approval is for a Development Plan request (DEV08-0024) to allow the movement of 273+/- cubic yards of soil within a Town-identified Major Ridgeline area. This work was previously performed. Approval of the Development Plan would allow the retention of the existing 15,200 + / - square foot artificial sports field on the ridgeline area, and associated retaining walls. PAGE 2 OF RESOLUTION NO. 2009-01 Except as may be modified by these conditions of approval, development shall be as shown on the project plans as follows: a. Conceptual Landscape Plan labeled "Lowe Residence," as prepared by Camp and Camp Associates, dated received by the Planning Division on May 21, 2009. b. Aerial Photos, Existing Site Conditions, As Built Field Topography, Grading Plan, and Wood Plank retaining Wall Exhibit, as prepared by Milani and Associates, dated received by the Planning Division on May 2009. 2. Tree'and shrubbery plantings as shown on the landscape plans referenced above, shall be minimum 24 inch box size trees and shall be scattered on the hillside below the retaining walls in a natural appearance. These trees and shrubs shall be planted within 60 days of project approval. These trees and shrubs shall be served by an automatic drip irrigation system until all of the trees and shrubs are established. 3. The applicant shall submit a security deposit or bond acceptable to the Town in an amount equal to the cost of the required tree and shrub plantings, including installation labor, to guarantee the survival of the required mitigation plantings. The security shall be released to the applicant after two full years after the Town verification that all required mitigation plantings have survived. Any dead landscape material shall be required to be re-planted prior to release of the security and the amount of the security may be reduced to reflect the value of any new plantings. 4. Fencing to be located within the Town-identified Major Ridgeline and Scenic Hillside area shall be limited to five feet in height and shall be setback two feet from the edge of the sports field. The fence shall be a cyclone fence and shall be powder coated black. Horizontal rail elements shall not be allowed. 5. No structures taller than six feet shall be allowed associated with the sports field. This shall include batting cages, back stops, etc. 6. No lighting shall be allowed in association with the sports field. 7. The applicant's engineer shall be required to inspect the hillside for adverse drainage or soils issues semi-annually for a period of two years from the date of this approval. The engineer shall be required to submit written reports to the Town detailing the findings of each inspection. 8. The sports field shall be for private use only. No organized team practices shall be allowed. PAGE 3 OF RESOLUTION NO. 2009-01 APPROVED by the Danville Planning Commission at a regular meeting on May 26, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attwood, Combs, Morgan, Nichols, Overcashier, Radich, Storer Antoun LZI~/ Chairman APPROVED AS TO FORM: -/d~!l~ City Attorney / PAGE 4 OF RESOLUTION NO. 2009-01