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RESOLUTION NO. 2010-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV10-0012
ALLOWING THE CONSTRUCTION OF A 4,900 +J- SQUARE FOOT HOME, WITH
AN ATTACHED THREE-CAR GARAGE, AN 865 +J- SQUARE FOOT DETACHED
RV GARAGE, AND A 1,885 SQUARE FOOT SECOND DWELLING UNIT. THE
PARCEL IS LOCATED WITHIN A TOWN-IDENTIFIED SCENIC HILLSIDE AREA
(APN: 217-010-040 - GITAS)
WHEREAS, James and Luna Gitas (Owners) and William Wood Architects (Applicant)
have requested approval of a Development Plan request (DEV10-0012) to allow the
construction of a new 4,900 + J - square foot home, with an attached three-car garage, an
865 + J - square foot detached RV garage, and a 1,885 square foot second dwelling unit
on a 1.86 + J - acre parcel located within a Town-identified Scenic Hillside area; and
WHEREAS, the subject site is located at 32 Sherburne Hills Road and is further
identified as Assessor's Parcel Number 217-010-040; 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 Town of Danville Second Dwelling Unit Ordinance requires Planning
Commission approval of a Development Plan for second dwelling units which are
greater than 1,000 square feet in gross floor area; 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 22, 2010; 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 DEVI0-0012 per the conditions contained herein, and makes
the following findings in support of this action:
FINDINGS OF APPROVAL:
Development Plan/Scenic Hillside
1. The applicant intends to obtain permits for construction within 18 months
from the effective date of plan approval.
2. The proposed project is consistent with the Town of Danville's 2010
General Plan. The proposal meets the design and development standards
listed within the Town's Single Family Residential Zoning 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 improvements 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.
5. 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.
6. 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.
PAGE 2 OF RESOLUTION NO. 2010-015
Second Dwelling Unit
1. The second dwelling unit will not adversely affect the policy and goals as
set by the 2010 General Plan, because the General Plan calls for quality
development and the proposal meets all of the design criteria set by the
Second Dwelling Unit Ordinance.
2. The proposed increased size of the second dwelling unit results in a unit
that is in scale with the receiving property, architecturally designed to
mitigate the potential appearance of excessive building massing, and is no
larger than the primary residence on the property.
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
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 (DEV10-012) allowing
the construction of a new 4,900 +1- square foot home, with an attached
three-car garage, an 865 +1- square foot detached RV garage, and a 1,885
square foot second dwelling unit on a 1.86 + 1- acre parcel located within a
Town-identified Scenic Hillside area. The site is located at Sherburne Hills
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 "Gitas Residence" dated received by the
Planning Division on April 27, 2010, consisting of twelve sheets, as
prepared by William Wood Architects, DeBolt Civil Engineering,
and Camp and Camp Associates.
*
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.
PAGE 3 OF RESOLUTION NO. 2010-015
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*
*
*
*
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 $139.88
($110.00 plus 36 notices X $0.83 per notice).
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. 2010-015
*
*
10.
*
11.
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.
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.
The applicant shall require the contractor and subcontractor to park only
on the construction site.
12. All construction, earth moving, concrete, earth-hauling vehicles shall be
cleaned on the construction site.
13. All building materials shall be delivered directly to the job site and shall
not be allowed to be staged on Sherburne Hills Road.
*
14.
*
15.
The property owner shall occupy either the principal or the secondary
residential unit. If neither unit is owner-occupied, then the use of the
property shall revert to a single-family occupancy. Nothing in this section
shall be construed to prohibit one or both of the units remaining vacant.
Before obtaining a Building Permit for a second dwelling unit, the
property owner shall file with the County Recorder a declaration or an
agreement of restrictions, which has been approved by the City Attorney
as to its form and content, and stating that:
a) The second dwelling unit shall not be sold separately and may not be
subdivided off from the principal residential unit.
b) The second dwelling unit is restricted to the size approved by the
permit allowing the unit. Any changes proposed require Town
approval.
PAGE 5 OF RESOLUTION NO. 2010-015
*
c) The restrictions shall be binding upon any successor in ownership or
the property and lack of compliance shall result in proceedings to
revoke the Development Plan Permit.
d) The permit allowing the second dwelling unit shall be in effect only
so long as either the primary residence or the second dwelling unit is
occupied by the owner of record of the property.
16.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
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.
Anyon-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.
C. LANDSCAPING
*
*
1. Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Planning Division and
the Design Review Board prior to issuance of building permits. The plan
shall include common names of all plant materials and shall indicate the
size that various plant materials will achieve within a five-year period of
time. The trees shall be planted in a random manner to provide a natural
look along the hillside.
2.
All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
3.
All landscaped areas not covered by shrubs and trees shall be planted
with live ground cover. All proposed ground cover shall be placed so that
they fill in within two years.
PAGE 6 OF RESOLUTION NO. 2010-015
*
4.
All landscaping shall be watered with an underground automatically
controlled irrigation system. Low volume MPR nozzles and drip shall be
used where appropriate for water conservation.
5. The street side landscaping shall be installed prior to final inspection of
the building permit.
6. The applicant shall submit a cash deposit, or other security acceptable to
the Chief of Planning, in the amount of $10,000. After two full growing
seasons, the Planning Divisions shall inspect the health of the trees that
were required to be planted. Prior to the Town's release of the security
deposit, the applicant shall be required to replace any of the required trees
that have not survived.
D. ARCHITECTURE
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.
E. GRADING
*
1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
*
2.
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.
*
3.
All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
PAGE 7 OF RESOLUTION NO. 2010-015
*
*
*
4.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
5.
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.
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.
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
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.
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). An NPDES
construction permit may be required, as determined by the City Engineer.
PAGE 8 OF RESOLUTION NO. 2010-015
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
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).
4.
Roof drainage from structures shall be collected via a closed pipe and
conveyed onto an approved storm drainage facility.
PAGE 9 OF RESOLUTION NO. 2010-015
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5.
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.
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 subject project 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 10 OF RESOLUTION NO. 2010-015
*
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 22,
2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Antoun, Attwood, Combs, Graham, Morgan, Nichols,
Overcashier
Radich
APPROVED AS TO FORM:
12~15 ~
City Attorney )
PAGE 11 OF RESOLUTION NO. 2010-015