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HomeMy WebLinkAbout2010-20RESOLUTION NO. 2010-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV09 -0070 ALLOWING THE CONSTRUCTION OF A 14,150 + /- SQUARE FOOT SINGLE FAMILY RESIDENCE LOCATED WITHIN A TOWN- IDENTIFIED SCENIC HILLSIDE AREA (APN: 208 - 570 -014 — HSU) WHEREAS, Gerald and Li Li Hsu have requested approval of a Development Plan request (DEV09 -0070) to allow the construction of a 14,150 +/- square foot home on a seven +/- acre parcel located within a Town - identified Scenic Hillside area; and WHEREAS, the subject site is located at 1651 Peters Ranch Road and is further identified as Assessor's Parcel Number 208 - 570 -014; and WHEREAS, the Scenic Hillside and Major Ridgeline 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; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on July 27, 2010, and did continue the item to a future Planning Commission meeting and asked that the applicant develop alternative plans for the location of the proposed second dwelling unit; and WHEREAS, subsequent to the Planning Commission meeting, the applicant submitted revised plans eliminating the second dwelling unit from the application; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 10, 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 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 Development Plan request DEV09 -0070 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROVAL: 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. 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 (DEV09 -070) allowing the construction of a 14,150 +/- square -foot single- family residence on a parcel located in a Town - identified Scenic Hillside area. The site is located PAGE 2 OF RESOLUTION NO. 2010-020 at 1651 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 site plan, grading plans, elevation, roof plans, floor plans, section drawings, landscape plans, and details labeled "Hsu Residence," as prepared by William Wood Architects, dated August 2, 2010, consisting of 11 sheets. The landscape plans are prepared by Borrecco /Killian & Associates. b. Grading and Drainage Plan labeled "1651 Peters Ranch Road," as prepared by DeBolt Civil Engineering, consisting of three sheets. C. Geotechnical Investigation and Update by GFK & Associates, dated March 23, 2007, and January 5, 2010, respectively. 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 permits. Following is an estimate of the applicable fees: a. Child Care Facilities Fee ............. ..............................$ 335.00 b. Grading Permit, Inspection and Plan Check Fee ............. TBD c. Finish Grading Inspection Fee (2 units) .................... $ 140.00 d. Storm Water Pollution Program Fee ........................... $ 47.00 e. Drainage Area 37A Fee (Flood Control) ................. $ 6030.76 f. Excavation Mitigation Fee (Flood Control) ........... $ 2,500.00 g. SCC Regional Fee ..................... ..............................$ 1,182.00 h. SCC Sub - Regional Fee ............. ..............................$ 3,263.00 i. Residential TIP Fee ................... ..............................$ 2,000.00 j. Tri- Valley Transportation Fee . ............................... $ 2,181.00 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 $ 673.62 ($110.00 plus 138 notices X $0.83 per notice X three notifications). * 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. 2010-020 * 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. * 10. All physical improvements shall be in place prior to occupancy of the home. No structure shall be occupied until construction activity in the PAGE 4 OF RESOLUTION NO. 2010-020 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 subcontractors 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 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. A deed restriction shall be recorded with the title the subject property to read: "Any change in the landscaping, colors, or material of this home shall be subject to the review and approval of the Towns Design Review Board." * 3. Any on -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 PAGE 5 OF RESOLUTION NO. 2010-020 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 it fills 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 landscaping shall be installed prior to final inspection of the building permit. 6. Except for the approved front yard fence along Peters Ranch Road, fencing on the parcel shall be limited to open wire fences with natural wood color posts unless otherwise approved by the Planning Division. 7. The applicant shall submit a cash deposit in the amount of $10,000.00, or other security acceptable to the Chief of Planning. After two full growing seasons, the Planning Division shall inspect the health of the trees required to be planted to provide visual screening. Prior to the Town's release of the security deposit, the applicant shall be required to replace any of the non - surviving required trees. 8. Prior to the issuance of building permits for the project, the applicant shall install all of the screen trees and shrubs, as shown on the approved landscape plan, located around the homes pad area. D. ARCHITECTURE * 1. The street number for the home shall be posted 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 PAGE 6 OF RESOLUTION NO. 2010-020 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. * 3. 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. * 4. 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. PAGE 7 OF RESOLUTION NO. 2010-020 * 5. 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. * 6. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 7. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 8. 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. 9. 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 at the following website: http:// www. cabmphandbooks .com /Construction.asp * 10. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 8 OF RESOLUTION NO. 2010-020 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 incurred 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. All runoff from impervious surfaces shall be collected and conducted via an approved drainage method to an approved storm drainage facility, as determined by the City Engineer. Prior to issuance of a building or grading permit, a final grading and drainage plan shall be submitted for review and approval by the Town's Engineering Division. 5. As may be required by the City Engineer, prior to issuance of a building or grading permit, the applicant shall be required to complete a hydraulic study and, if necessary, make improvements to the system to handle the expected ultimate peak water flow, or to detain water on -site so as not to add water to the peak water flow, as determined by the City Engineer. PAGE 9 OF RESOLUTION NO. 2010-020 * 6. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility. * 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. * 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. PAGE 10 OF RESOLUTION NO. 2010-020 APPROVED by the Danville Planning Commission at a Regular Meeting on August 10, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Antoun, Attwood, Combs, Graham, Morgan, Overcashier Nichols, Radich APPROVED AS TO FORM: City Attorney I - ChiA,pf Pl nning PAGE 11 OF RESOLUTION NO. 2010-020