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HomeMy WebLinkAbout2009-16 RESOLUTION NO. 2009-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV09-0022 ALLOWING THE CONSTRUCTION OF A 8,040+/- SQUARE FOOT SINGLE FAMILY RESIDENCE AND ATTACHED 2,090+/- SQUARE FOOT GARAGE IN A TOWN IDENTIFIED MAJOR RIDGELINE AREA (APN: 208-570-007 - TAKAYAMA) WHEREAS, Glenn and Arleen Takayama have requested approval of a Development Plan request (DEV09-0022) to allow the construction of an 8,040+/- square-foot single family residence with an attached 2,090 + / - square foot garage on a parcel located in a Town-identified Major Ridgeline area; and WHEREAS, the subject site is located at 1850 Peters Ranch Road and is further identified as Assessor's Parcel Number 208-570-007; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval of a Development Plan application prior to development of the site; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Class 3, Section 15303 - New Construction; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on June 9, 2009; 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 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 Development Plan request DEV09-0022 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROVAL: Development Plan 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed development is consistent with the General Plan and the Downtown Business District Ordinance. 3. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and traffic congestion will not likely be created by the proposed project as the fac;ade improvement will not create an intensification of use of the property. 4. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. Major Ridgeline 1. The proposed project is consistent with the Town of Danville's 2010 General Plan, which requires that project design be sensitive to visual impacts where hillside development occurs. The proposal meets the design and development standards listed within the Town's Scenic Hillside and Major Ridgeline Development Ordinance, including the requirements for structure height and colors/materials. 2. The proposed siting and architecture of the new residence 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 Scenic Hillside or Major Ridgeline area. 3. The proposed development is in conformance with the zoning district in which the property is located. PAGE 2 OF RESOLUTION NO. 2009-016 CONDITIONS OF APPROV AL 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 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 a Development Plan request (DEV09-022) allowing the construction of an 8,040 + / - square-foot single-family residence with an attached 2,090 + / - square foot garage on a parcel located in a Town- identified Major Ridgeline Area. The site is located at 1850 Peters Ranch Road. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Project plans, titled "Takayama House" dated April 3, 2009, consisting of twenty-two sheets, as prepared by Bendrew long, FAIA. b. Conceptual Landscape Plan, consisting of one sheet, as prepared by Camp and Camp Associates, dated on April 3, 2009. c. Geotechnical Exploration Update, titled "Lot 7, Peters Ranch Estates" performed by Engeo, dated December 5,2008 * 2. 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. 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 $ 128.26 ($110.00 plus 22 notices X $0.83 per notice). PAGE 3 OF RESOLUTION NO. 2009-016 * * * * * 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 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-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 that are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. PAGE 4 OF RESOLUTION NO. 2009-016 * * * 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. All physical improvements shall be in place prior to occupancy of the home. No structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. 11. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 12. The applicant shall require the contractor and subcontractor to park only on the construction site. 13. All construction, earth moving, concrete, earth-hauling vehicles shall be cleaned on the construction site. 14. All vehicles used to deliver heavy equipment to the job site must leave immediately after delivery and shall not park on Peters Ranch Road. 15. All building materials shall be delivered directly to the job site and shall not be allowed to be staged on Peters Ranch Road. B. SITE PLANNING * 1. All Hghting 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. A deed restriction shall be recorded with the title the subject property to read: U Any change in the landscaping, colors, or material of this home shall be subject to the review and approval of the Town's Design Review Board./I PAGE 5 OF RESOLUTION NO. 2009-016 * 3. Any an-site wells and septic systems shall be de strayed in accordance with Co.ntra Casta Co.unty Health Services Department - Enviro.nmental Health Divisio.n regulatio.ns. Environmental Health Divisio.n permit and inspectio.ns far this wo.rk shall be o.btained. C. LANDSCAPING * * * 1. Final landscape and irrigatio.n plans (with planting shawn at 1"=20' scale) shall be submitted far review and approval by the Planning Divisio.n and the Design Review Bo.ard prio.r to. issuance o.f building permits. The plan shall include co.mmo.n names o.f all plant materials and shall indicate the size that vario.us plant materials will achieve within a five-year perio.d o.f time. The trees shall be planted in a rand am manner to. provide a natural lo.o.k alo.ng the hillside. 2. All trees shall be a minimum o.f 15-gallo.n co.ntainer size. All trees shall be pro.perly staked. All remaining shrubs used in the project, which are no.t used as gro.und caver, shall be a minimum o.f five gallo.ns in size. 3. All landscaped areas no.t co.vered by shrubs and trees shall be planted with live gro.und caver. All propo.sed gro.und caver shall be placed so. that they fill in within two. years. 4. All landscaping shall be watered with an undergro.und auto.matically co.ntro.lled irrigatio.n system. Law vo.lume MPR no.zzles and drip shall be used where appro.priate for water co.nservatio.n. 5. The landscaping shall be installed prior to. final inspectio.n o.f the building permi t. 6. Fencing an the parcel shall be limited to. o.pen wire fences with natural wo.o.d co.lored pasts unless o.therwise approved by the Planning Divisio.n. 7. The applicant shall submit a cash depo.sit, o.r ather security acceptable to. the Chief o.f Planning, in the amo.unt o.f $10,000. After two. full gro.wing seaso.ns, the Planning Divisio.ns shall inspect the health o.f the trees that were required to. be planted. Prio.r to. the To.wn's release o.f the security depo.sit, the applicant shall be required to. replace any o.f the required trees that have no.t survived. PAGE 6 OF RESOLUTION NO. 2009-016 D. ARCHITECTURE E. * * 1. The street number for the home shall be posted so as to be easily seen from the street at all times, day and night. 2. 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. 3. The project building permit plans shall be submitted for final review and approval by the Design Review Board specifically relating to architecture, color, materials, landscaping and lighting, prior to issuance of building permits. 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. In conformance with the recommendations of the associated geotechnical report (referenced above in COA #A1(c)), the applicant shall locate and repair all collapsed or buried sub drain outlet pipes that were originally installed in 1985 to stabilize the hillside. Said work shall be performed under the observation of the Geotechnical Engineer of Record, with a certification of repair sent to the Town Engineering Division upon completion. If existing sub drain pipes are found to be in conflict with the proposed site improvements during grading or excavation work for the new home, the Geotechnical Engineer of Record, shall provide written PAGE 7 OF RESOLUTION NO. 2009-016 * * * * * 10. direction on modifications to either the pipe network or the improvements to eliminate conflict. Appropriate notes shall be added to the grading and site improvement plans informing the contractor of this requirement. 4. A corrective grading plan that shows the locations of recommended keyways, subdrains, and other corrective grading measures shall be prepared by or under the supervision of the Geotechnical Engineer of Record and submitted to the Town Engineering Division for approval as part of the Grading Permit application. 5. 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 as found necessary by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement, slide and seismic activity. 6. 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) 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. 7. 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. 8. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriated 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 PAGE 8 OF RESOLUTION NO. 2009-016 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. 11. 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). An NPDES construction permit may be required, as determined by the City Engineer. If construction occurs during the rainy season (October 15th to April 15th), then a SWPPP shall be prepared, submitted for approval to the Town, and implemented to assure that mud and silt-laden storm runoff are confined to the site. Said plan shall conform to the latest requirements of the Contra Costa Clean Water Program, including the California Stormwater Quality Association Construction Handbook available for download a the following website: http://www.cabmphandbooks.com/Construction.asp * 12. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. * 13 This approval is based on the conclusions of the preliminary soils and geologic report prepared for this project and reviewed by the Town and referenced above under Condition of Approval A.1.c. The final geotechnical report shall identify any landslides that cross adjacent properties, which may be aggravated by the proposed development. The applicant shall be required repair any such slides. Any necessary slide repair shall be repaired and regarded in a manner that results in the natural appearance of the hillside. The findings of the geotechnical and soils report are subject to independent third-party review, as deemed necessary by the City Engineer. 14. The existing network of drainage ditches, storm drain inlets, and underground pipes installed with the original subdivision along the subject property frontage shall be repaired and cleaned prior to issuance of a final occupancy. PAGE 9 OF RESOLUTION NO. 2009-016 15. A debris wall with a 2-foot-high free board shall be constructed along the upslope side of the proposed building pad in conformance with the recommendations of the geologic report prepared for this project and reviewed by the Town and referenced above under Condition of Approval A.1.c. 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 public or private 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. 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 (EBMUD) water system in accordance with the requirements of EBMUD. 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. 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 (CCCFC & WCD). PAGE 10 OF RESOLUTION NO. 2009-016 * * * * * * * 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 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, prior to the issuance of a building permit. 5. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility. 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. 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. PAGE 11 OF RESOLUTION NO. 2009-016 * 2. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on June 9, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Antoun, Attwood, Combs, Nichols, Radich Morgan, Overcashier, Storer 4/2id/ Chairman APPROVED AS TO FORM: ~g. z:: City Attorney} ~4~/ Chief of Planning PAGE 12 OF RESOLUTION NO. 2009-016