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HomeMy WebLinkAbout2011-13RESOLUTION NO. 2011-13 APPROVING DEVELOPMENT PLAN APPLICATION DEV10 -0007 AND TREE REMOVAL PERMIT TR11 -0012 ALLOWING THE CONSTRUCTION OF A 8,983 +/- SQUARE FOOT TWO -STORY HOME WITH A 2,237 +� SQUARE FOOT ATTACHED GARAGE (APN:199- 160 -015 - RHIM) WHEREAS, Bob Bong Rhim (OWNER/ APPLICANT) has requested approval of a Development Plan request (DEV10 -0007) to allow the construction of an 8,983 +/- square foot two -story home. The proposed plan also includes a 2,237 +/- square foot attached garage and a 587 +/- square foot second dwelling unit. A Tree Removal permit (TR11 -0012) is requested to allow for the removal of five Town - protected trees on a 1.87 acre site; and WHEREAS, the subject property is located at 10 Margaret Lane, APN: 199 - 160 -015; and WHEREAS, the conditions of approval contained within Planning Commission Resolution No. 2006 -11 requires 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 Towns Tree Preservation Ordinance requires approval of a Tree Removal permit prior to the removal of a Town - protect tree; and WHEREAS, the project has been found to be Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA), Section 15303, Class 3; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 24, 2011; 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 Danville Planning Commission approves Development Plan request DEV10 -0007 and Tree Removal request TR11 -0012 and makes the following findings in support of this action: FINDINGS: 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 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. 4. 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. Tree Removal 1. Removal of the trees is necessary to allow for the reasonable use, enjoyment, and development of the property. 2. The tree removal will not adversely affect soil erosion or result in a significant diversion or increase in the flow of surface water as the tree removal is in conjunction with a Development Plan which includes a landscape plan requiring replanting and an engineered drainage system. 3. Because of the number, species, size and location of other protected trees in the area, the tree removal will not have a significant adverse impact upon shade, privacy between properties, and scenic beauty of the area. PAGE 2 OF RESOLUTION NO. 2011-13 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 -007) allowing the construction of an 8,983 +/- square foot two -story home. The proposed plan also includes a 2,237 +/- square foot attached garage and a 587 +/- square foot second dwelling unit. A Tree Removal permit is requested to allow for the removal of five Town - protected trees. 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 "Mr. and Mrs. Rhim," dated February 15, 2011, consisting of seventeen sheets, as prepared by Design Tech Associates. * 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. Fee estimates are as follows: 1. Child Care Facilities Fee ......... ..............................$ 335.00 2. Storm Water Pollution Program Fee ....................$ 47.00 3. SCC Regional Fee ......................... ......................$1,182.00 4. Residential TIP Fee .............. ..............................$ 2,000.00 5. Tri- Valley Transportation Fee ..........................$ 2,181.00 6. Finish Grading Inspection Fee ..............................$ 70.00 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 $ 148.18 ($110.00 plus 46 notices X $0.83 per notice). PAGE 3 OF RESOLUTION NO. 2011-13 * 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 8:00 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 PAGE 4 OF RESOLUTION NO. 2011-13 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. The applicant shall require the contractor and subcontractor to park only on the construction site. 12. All construction, earth moving, concrete, and 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. Before obtaining a Building Permit for the 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 of 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. 15. Planning Division sign -off is required prior to the completion of a Final Building Inspection. PAGE 5 OF RESOLUTION NO. 2011 -13 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. 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. 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. * 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. 6. The applicant shall submit a bond, cash deposit, or other security acceptable to the Chief of Planning, for the Town - protected trees within this project that are within the direct vicinity of the development and are required to be preserved. The trees to be protected (as shown on the plan contained within the Arborist's Report and Survey prepared for the project), and the valuation for each tree is as follows: PAGE 6 OF RESOLUTION NO. 2011 -13 Tree # 3277 -18" Live Oak = $8,656 Tree # 3279 -17" Live Oak = $7,572 Tree # 3280 -19" Live Oak = $8,903 Tree # 3287 - 21.2" Live Oak = $8,313 Tree # 3289 -18.5" Live Oak = $7,385 Tree # 3290 - 30" Live Oak = $11,097 Total: $51,926 The deposit shall be submitted to the Town prior to the issuance of any permit which authorizes potential disruptive work within the root zone of the tree(s). As per the Town's Tree Preservation Ordinance, the Town will refund the fee after two full growing seasons from the completion of the work within the root zone upon the verification that the tree(s) have not been damaged by the development activity. 7. The applicant shall replace the five Town - protected trees to be removed with a number and size of new replacement trees, chosen from the Towri s protected tree list, that equals the total diameter of trees to be removed (124 inches). The exact number, size, species, and location of the trees shall be subject to review and approval by the Design Review Board prior to issuance of building permits for the project. These trees shall be planted prior to occupancy of the residence. 8. The applicant shall comply with all recommended mitigation measures related to the treatment of "at risk" trees as detailed in the Tree Survey and Report prepared by Joseph McNeil, Consulting Arborist, dated October 11, 2010. 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 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. PAGE 7 OF RESOLUTION NO. 2011-13 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. 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 appropriate 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. PAGE 8 OF RESOLUTION NO. 2011-13 If construction occurs during the rainy season (October 15th to April 15 6 1), 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 followingwebsite: 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. * 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. PAGE 9 OF RESOLUTION NO. 2011-13 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 conveyed onto an approved storm drainage facility. * 5. 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. PAGE 10 OF RESOLUTION NO. 2011-13 * 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. 11. Prior to the issuance of a building permit, the applicant shall submit hydraulic calculations, prepared by a licensed civil engineer, to demonstrate that the storm drain network with detention system that was installed as part of the original subdivision will adequately store and convey the runoff for a 10 -year design storm. If the calculations reveal that the existing system does not have sufficient capacity to handle the run -off from the impervious surfaces associated with this project, the applicant shall be required to construct an on -site detention facility to detain the additional stormwater run -off such that post - project flows do not exceed pre - project flows. rVANNE 16Y�IJ_W001X6116 * 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 Towri 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 (SWPPP) may be required for projects under five acres. PAGE 11 OF RESOLUTION NO. 2011-13 APPROVED by the Danville Planning Commission at a regular meeting on May 24, 2011 by the following vote: AYES: - Bock- Willmes, Combs, Morgan, Nichols, ercashier, Radich NOES: ABSTAIN: / ABSENT: - Attwood, Graham Chairman APPROVED AS TO FORM: City Attorney Chief Plann' g PAGE 12 OF RESOLUTION NO. 2011-13