Loading...
HomeMy WebLinkAbout2013-22RESOLUTION NO. 2013-22 APPROVING DEVELOPMENT PLAN REQUEST DEV13-0045 AUTHORIZING THE CONSTRUCTION OF A NEW 4,000 +/- SQUARE FOOT SINGLE FAMILY RESIDENCE WITH A 1,100 +/- SQUARE FOOT GARAGE AND A DETACHED 2,000 +/- SQUARE FOOT SECOND UNIT WITH A DETACHED 462 +� SQUARE FOOT GARAGE ON A 2.47 ACRE SITE (APN: 197-120-022) WHEREAS, Nikhil & Nanda Purohit (Owners) and Rush Bhatt (Applicant) have requested approval of a Development Plan application (DEV13-0045) to allow the construction of a new 4,000 +/- square foot single family residence with an attached 1,100 +/- square foot garage and a detached 2,000 +/- square foot second unit with a detached 462 +/- square foot garage on a 2.47 acre site. This parcel is located in a Town - identified Major Ridgeline area. An exception to the Towri s Scenic Hillside and Major Ridgeline Ordinance is required to allow the home to be built within 100 vertical feet of the ridgeline; and WHEREAS, the subject site is located at 315 El Pinto and is further identified as Assessor's Parcel Number 197-120-022; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance requires approval of a Development Plan application prior to the development of a residence within a Major Ridgeline area; and; WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 12, 2013; 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 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 PAGE 1 OF RESOLUTION NO.2013-22 RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DEV13-0045 and exception request per the conditions contained herein, and makes the following findings in support of this action: FINDINGS 1. 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. 2. The proposed project is consistent with the Town of Danville's 2030 General Plan. The proposal meets the design and development standards listed within the Towri 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. EXCEPTION 1. The proposed location consists of flatter terrain and less steep slopes leading to less grading, lower retaining walls, and the least overall site disturbance. As a result, the proposed location will not be highly visible or substantially deteriorate views of the undisturbed ridgeline consistent with the intent of the Scenic Hillside and Major Ridgeline Ordinance. 2. The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in subsection 32-69.1.b of the Town's Municipal Code. 3. Approval of the exception is based on the specific, unique characteristics of the site as documented in the geotechnical and topographic map for this project. As a result, the requirement for the creation of a scenic easement covering the un-buildable portions of the property is appropriate. PAGE 2 OF RESOLUTION NO. 2013-22 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 (DEV13-0045) allowing the construction of a 4,000 +/- square foot single family residence with an attached 1,100 +/- square foot garage and a detached 2,000 +/- square foot second unit with detached 462 +/- square foot garage on a 2.47 acre site. This parcel is located in a Town -identified Major Ridgeline area. An exception to the Towri s Scenic Hillside and Major Ridgeline Ordinance is approved to allow the home to be built within 100 vertical feet of the ridgeline. Except as may be modified by conditions contained herein, development shall be substantially as shown on the plans labeled "Purohit Residence," as prepared by Jurado Design and Drafting, consisting of 10 sheets, dated received by the Planning Division on October 3, 2013. 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. 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 ........................................................ $ 2,252.00 5) Residential TIP Fee ..................................................... $ 2,000.00 6) Tri-Valley Transportation Fee ................................... $ 2,313.00 3. Prior to the issuance of a building permit the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public PAGE 3 OF RESOLUTION NO.2013-22 hearing. The fee shall be $178.10 ($120 plus (35 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 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. (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 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, which 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 PAGE 4 OF RESOLUTION NO. 2013-22 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. The structure shall not 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. 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. * 12. Planning Division sign -off is required prior to final building inspection sign -off by the Building Division. 13. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. 14. A deed restriction shall be recorded to run with the deed of the property acknowledging the second unit, in accordance to Danville Municipal Code Section 3-76 with the following: NOTICE OF RESTRICTION a. The second dwelling unit shall not be sold separately and may not be subdivided. b. The second dwelling unit is restricted to a maximum size of 2,000 square feet. No additions are allowed to the second dwelling unit. C. The restrictions shall be binding upon any successor in ownership of the property. PAGE 5 OF RESOLUTION NO. 2013-22 d. The second dwelling unit shall be in effect only so long as the owner of record of the property occupies either the primary residence or the second dwelling unit. S. 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. Any on -site wells and septic systems shall be destroyed in accordance with. Contra Costa County Health Services Department - Environmental Health Division regulations unless approved for landscaping only. Environmental Health Division permit and inspections for this work shall be obtained. 4. Development standards and land uses shall be consistent with the requirements of the R-100; Single Family Residential District. 5. A scenic easement shall be established over the portions of the parcel not approved for development below the contour line. A deed notification regarding the scenic easement and associated restrictions shall be recorded to run with the deed. Except as otherwise approved by these conditions of approval, no construction of structures or grading will be allowed in this area. 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. 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 PAGE 6 OF RESOLUTION NO. 2013-22 minimum of two years. The trees shall be maintained in a healthy growing condition on the site. * 3. All proposed trees shall be a minimum of 15-gallon container size and 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. 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 for visual mitigation. Prior to the Towri s release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. 5. The landscaping shall be installed prior to final building inspection. D. ARCHITECTURE * 1. 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. * 2. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. * 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. F. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. 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 PAGE 7 OF RESOLUTION NO.2013-22 buildings and shall be subject to review and approval by the Towri s Engineering and Planning Divisions. * 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 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. * 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). 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. * 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. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 7. 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. * 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). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on -site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. PAGE 8 OF RESOLUTION NO. 2013-22 G. 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. H. 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. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. * 3. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility on El Pinto. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. * 4. 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. PAGE 9 OF RESOLUTION NO. 2013-22 * 5. 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. * 6. All new utilities required to serve the development shall be installed underground. * 7. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. I. 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 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 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, 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. 4. The property shall share in the maintenance responsibilities for El Pinto in an equitable manner. A satisfactory private road and private storm drain PAGE 10 OF RESOLUTION NO.2013-22 maintenance agreement, documenting the subject parcel's participation, shall be submitted for approval prior to building permit final. All private road maintenance agreements shall include provisions for regular street sweeping. APPROVED by the Danville Planning Commission at a regular meeting on November 12, 2013, by the following vote: AYES: Bowles, Combs, Graham, Haberl, Heusler, Overcashier, Radich NOES: - ABSTAINED: ABSENT: - `- ! If ✓�� „ 11. 11 Chairman APPROVED AS TO FORM: City Attorney Chief .P nning PAGE 11 OF RESOLUTION NO. 2013-22