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HomeMy WebLinkAbout2013-10RESOLUTION NO. 2013-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV12-0054 ALLOWING THE DEVELOPMENT OF A 3,830 +/- SQUARE FOOT RESIDENCE WITH AN ATTACHED 720+/- SQUARE FOOT GARAGE ON A 5.05 ACRE SITE LOCATED WITHIN A TOWN -IDENTIFIED MAJOR RIDGELINE AREA (APN: 217-010-037) WHEREAS, Shanin Nourishad and Peter Barkhordar, have requested approval of a Development Plan request (DEV12-0054) to allow the construction of a 3,830 +/- square foot residence with an attached 720 +/- square foot garage on a 5.05 acre site located within a Town -identified Major Ridgeline area; and WHEREAS, the subject site is located at 66 Sherburne Hills Road and is further identified as Assessor's Parcel Number 217-010-037; and WHEREAS, the conditions of approval of Minor Subdivision MS 854-92 and the Towri s Scenic Hillside and Major Ridgeline Ordinance require that development of the parcel be subject to review and approval by the Town under a Major Ridgeline Development Plan application, and also require approval by the Danville Planning Commission; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 26, 2013; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) Section 15303, Class 3; 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 the Development Plan request DEV13-0054 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO.2013-10 FINDINGS 1. The proposed project is consistent with the Danville 2030 General Plan. The proposal meets the design and development standards listed within the Town's single Family Residential Zoning Ordinance. 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 Major Ridgeline area. 3. The development will be an attractive and efficient development which will fit in 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 he property is located, by meeting all height requirements and other setback requirements. 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 (DEV12-0054) allowing the construction of a 3,830 +/- square foot residence with an attached 720 +/- square foot garage on a 5.05 acre site, located within a Town - identified Major Ridgeline area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Preliminary Development Plan, Site Plan, Elevations, Architectural Plans and Floor Plans consisting of 6 sheets, as prepared by Masterson Design, dated received by the Planning Division on September 30, 2013. PAGE 2 OF RESOLUTION NO. 2013-10 b. Preliminary Grading and Drainage Plan, consisting of 3 sheets, as prepared by Debolt Civil Engineering, dated received by the Planning Division on September 30, 2013. C. Geotechnical Investigation Update, as prepared by John Campbell + Associates, dated May 15, 2013. d. Preliminary Landscape Plan, consisting of 3 sheets, as prepared by Martin Hoffman, entitled Nourishad Residence, and dated received by the Planning Division November 14, 2013. * 2. The applicant shall pay or 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 a building permit for the project. The following fees are due at building permit issuance for the above mentioned project: 1. Child Care Facilities Fee ................................ $ 335.00 2. Storm Water Pollution Program Fee .............. $ 51.00 3. Finish Grading Inspection Fee ........................ $ 77.00 4. SCC Regional Fee ......................................... $1,252.00 5. SCC Sub -Regional Fee ................................. $ 3,455.00 6. Residential TIP Fee ...................................... $ 2,000.00 7. Tri-Valley Transportation Fee .................... $ 2,313.00 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. The fee shall be $164.82 ($120 plus (27 notices X $0.83 per notice X two notices). 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 PAGE 3 OF RESOLUTION NO.2013-10 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. * 7. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), 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 identify names and contact person for the overall project manager and all contractors and sub -contractors working on the job. * S. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise -generating equipment as far away from existing residences as feasible. * 9. The applicant shall require the contractor and subcontractor to park only on the construction site. 10. All construction, earth moving, concrete, earth -hauling vehicles shall be cleaned on the construction site. 11. All building materials shall be delivered directly to the job site and shall not be allowed to be staged on Sherburne Hills Road. * 12. 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. * 13. 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. * 14. All physical improvements shall be in place prior to occupancy of the home. The structure shall not be occupied until construction activity in PAGE 4 OF RESOLUTION NO.2013-10 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. * 15. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. * 16. Planning Division sign -off is required prior to final building inspection sign -off by the Building Division. B. SITE PLANNING * 1. Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light on -site and to screen the light source from off -site views. Light fixtures shall be kept low to the ground. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 3. Development standards and land uses shall be consistent with the requirements of the Town's R-100; Single Family Residential District Ordinance. 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. 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. For trees that are required to be planted to mitigate visual impacts of development, the applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount of five PAGE 5 OF RESOLUTION NO.2013-10 thousand ($5,000) dollars with a maximum amount of fifteen thousand ($15,000) dollars. Within these limits, the deposit shall be equal to the estimated value of the labor and the materials for the trees to be planted. After two (2) full growing seasons, the Planning Division 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. Where replacement trees are required to be planted, the two (2) year security period shall be repeated. However, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees. * 3. All proposed 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. * 4. Automatic drip irrigation for the screen trees required to be planted as part of this project shall be required until the trees are established, with a minimum of two years. The trees shall be maintained in a healthy growing condition on the site. 5. All existing trees on the site shall be preserved. If site construction activity occurs in the direct vicinity of the on -site and off -site protected trees, a security deposit in the amount of the assessed value of the tree(s) (calculated pursuant to the Towri s Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the current edition of the "Guide for Establishing Values of Trees and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. * 6. All landscaping shall be installed prior to final building inspection. PAGE 6 OF RESOLUTION NO.2013-10 D. ARCHITECTURE 1. The colors and materials for the home, as shown on Sheet 4.0 of the Project Plans dated September 30, 2013, shall be modified as follows: La Habra "Clay (830)" Stucco for the body and composite columns, "Tweed" for the window trim, "Slate Honey Gold" for the chimney, and GAF Timberline Shingles Natural Shadow Series in "Copper Canyon" for the roof material. The material board for this project is on file in the Planning Division. Any changes to the project materials shall be subject to further review and approval by the Towri s Design Review Board. * 2. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. * 3. 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. 4. The infinity pool wall shall material shall be durable and match or be compatible with the "Slate Honey Gold" or the "Clay (830)" as indicated as item #1 under Architecture. E. GRADING 1. Any grading on adjacent properties will require prior written approval of those property owners affected. The applicant shall obtain "right of entry" permission to conduct grading activity on the adjacent property (68 Sherburne Hills Road) from the property owner at 68 Sherburne Hills Road. * 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.2013-10 3. Development shall be completed in compliance with the recommendations outlined in the geotechnical update report prepared for this project by John Campbell + Associates, dated May 15, 2013. The engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. * 4. 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 by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. * 5. 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. * 6. 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. * 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. * 9. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate 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. PAGE 8 OF RESOLUTION NO.2013-10 * 10. 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. F. STREETS * 1. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. * 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 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. * 4. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. 5. The property shall share in the maintenance responsibilities for Sherburne Hills Road in an equitable manner. A satisfactory private road and private storm drain maintenance agreement, documenting the subject parcel's participation, shall be submitted for approval prior to building permit final. 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 water system in accordance with the requirements of District. PAGE 9 OF RESOLUTION NO.2013-10 * 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 structure on the new private road located at the south property line. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. * 5. This project must comply with the Provision C.3 requirement of the Municipal Regional Permit for Small Land Development Projects. No Stormwater Control Plan is required to be submitted; however, the infiltration and/or reuse option selected must be incorporated into the project design and shown on the Building Permit plans. * 6. 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. * 7. 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. * 8. All new utilities required to serve the development shall be installed underground. * 9. 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. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. * 2. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building PAGE 10 OF RESOLUTION NO.2013-10 and construction materials. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/ are being recycled according to their recycling plan, or in an equivalent manner. * 3. 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 November 26, 2013 by the following vote: AYES: Bowles, Combs, Graham, Haberl, Heusler, Radich, Verriere NOES: - ABSTAIN: - ABSENT: Overcashier NYA Chairman APPROVED AS TO FORM: City Attorney / Chief Planning PAGE 11 OF RESOLUTION NO.2013-10