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HomeMy WebLinkAbout2010-16 RESOLUTION NO. 2010-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV10-0039 ALLOWING THE CONSTRUCTION OF A 4,575 +/- SQUARE FOOT SINGLE F AMIL Y RESIDENCE AND A DETACHED 1,760 +/- SQUARE FOOT SECOND DWELLING UNIT (APN: 199-160-017 - FUERY) WHEREAS, Brian and Rhonda Fuery (Owners) and Francis Garcia Architect (Applicant) have requested approval of a Development Plan request (DEV10-0039) to allow the construction of an new 4,575 + / - square foot single family residence with an attached 1,090 + / - square foot garage, and a detached 1,760 + / - square foot second dwelling unit with a two car attached garage; and WHEREAS, the subject site is located at 13 Margaret Lane and is further identified as Assessor's Parcel Number 199-160-017; 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 WHERAS, a condition of approval in Resolution No. 2006-11 required that new homes which were to be built on Parcels A, C, and D of Minor Subdivision MS852-2005 be subject to review and approval by the Town under separate Development Plan applications; 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 DEVI0-0039 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 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 development is in substantial conformance with the zoning district in which the property is located, by meeting all height requirements and other setback requirements. 6. 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. 7. 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. PAGE 2 OF RESOLUTION NO. 2010-016 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 (DEV10-039) allowing the construction of new 4,575 + / - square foot single family residence with an attached 1,090 + / - square foot garage, and a detached 1,760 + / - square foot second dwelling unit with a two car attached garage. The site is located at 13 Margaret Lane. 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 "Brian and Rhonda Fuery," dated June 3, 2010, consisting of seventeen sheets, as prepared by Francis Garcia Architect and Alexander and Associates Incorporated. * 2. The applicant shall pay 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 $ 148.18 ($110.00 plus 46 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 PAGE 3 OF RESOLUTION NO. 2010-016 * * * * * 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. 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. PAGE 4 OF RESOLUTION NO. 2010-016 * 10. * 11. 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 Margaret Lane. * 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. 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. PAGE 5 OF RESOLUTION NO. 2010-016 * 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. 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 front yard landscaping shall be installed prior to final inspection of the building permit. PAGE 6 OF RESOLUTION NO. 2010-016 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. 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. PAGE 7 OF RESOLUTION NO. 2010-016 * * * 3. 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. 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. 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 6. 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. 7. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. PAGE 8 OF RESOLUTION NO. 2010-016 * 8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 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. 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. 4. Roof drainage from structures shall be collected via a closed pipe and PAGE 9 OF RESOLUTION NO. 2010-016 * * * * * * 5. conveyed onto an approved storm drainage facility. 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). 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. 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, concrete and pavement operations, dewatering operations, 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 PAGE 10 OF RESOLUTION NO. 2010-016 (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: Antoun, Attwood, Combs, Graham, Morgan, Nichols, Overcashier NOES: ABSENT: ABSTAIN: Radich APPROVED AS TO FORM: 72~8 'C City Attorney ) PAGE 11 OF RESOLUTION NO. 2010-016