HomeMy WebLinkAbout2014-06RESOLUTION NO. 2014-06
APPROVING DEVELOPMENT PLAN REQUEST DEV13-0092 AUTHORIZING
THE CONSTRUCTION OF A NEW 4,850 +/- SQUARE FOOT RESIDENCE
WITH A 1,260 +/- SQUARE FOOT ATTACHED GARAGE ON A 1.33 ACRE PARCEL
(APN:195-080-054 -- CLEVELAND)
WHEREAS, RICHARD AND LINDA CLEVELAND (Owner/ Applicant) have
requested approval of a Development Plan application (DEV13-0092) to allow the
construction of a 4,850 +/- square foot residence with a 1,260 square foot attached
garage on a 1.33 +/- acre site; and
WHEREAS, the subject site is identified as Lot 3 of Subdivision SD 8106 and is further
identified as Assessor's Parcel Number 195-080-054; and
WHEREAS, previously approved Subdivision SD8106 required approval of a
Development Plan application for the development of all three lots within this
subdivision prior to construction of a single family home; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on March 25, 2014; 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
RESOLVED that the Planning Commission of the Town of Danville approves
Development Plan request DEV13-0092 per the conditions contained herein, and snakes
the following findings in support of this action:
1. 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.
2. 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.
3. 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.
4. 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.
5. The proposed development is in conformance with the goals and policies
of the 2030 General Plan.
6. 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 (DEV13-0092) allowing
the construction of a 4,850 +/ - square foot residence with a 1,260 square
foot attached garage on a 1.33 acre site identified as Lot 3 of Subdivision
SD 8106. Except as may be modified by conditions contained herein,
development shall be substantially as shown on the plans labeled
"Cleveland Residence," as prepared by Steven F. Kubitschek, consisting of
14 sheets, dated received by the Planning Division on January 30, 2014.
PAGE 2 OF RESOLUTION NO. 2014-06
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:
Child Care Facilities Fee ........................ $ 335.00
Stormwater Pollution Control Fee .............. $ 52.00
Finish Grading Inspection Fee ................... $ 77.00
SCC Regional Fee...............................................$1,252.00
Residential TIP Fee ............................................ $ 2,000.00
Tri-Valley Transportation Fee .......................... $ 2,313.00
4. Prior to the issuance of a building permit the applicant shall reimburse the
Town for notifying surrounding neighboring residents of the public
hearing. The fee shall be $337.46 ($120 plus 131 notices X $0.83 per notice
X two notices).
* 5. 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.
* 6. 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.
* 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
PAGE 3 OF RESOLUTION NO. 2014-06
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.
* 8. 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.
* 9. 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.
* 10. 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.
* 11. 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.
* 12. 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.
* 13. Planning Division sign -off is required prior to final building inspection
sign -off by the Building Division.
PAGE 4 OF RESOLUTION NO. 201.4-06
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. 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-12; Single Family Residential District.
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
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 landscaping shall be installed prior to final building inspection.
5. All existing trees not authorized for removal as part of this permit shall be
preserved. If site construction activity occurs in the direct vicinity of the
PAGE 5 OF RESOLUTION NO. 2014-06
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 Town'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. A fencing plan is required. All fencing shall be open wire fencing. Fence
posts shall be natural wood color, or painted a dark color.
7. The Lavatera rnaritima on the west side of the residence shall be replaced
with Xylosma congestnoai. to more substantially screen the lower section of
the proposed residence.
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.
PAGE 6 OF RESOLUTION NO. 201.4-06
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
buildings and shall be subject to review and approval by the Town'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
PAGE 7 OF RESOLUTION NO. 2014-06
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.
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.
PAGE 8 OF RESOLUTION NO. 2014-06
* 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.
* 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.
* 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.
8. All concentrated storm water run-off from this site shall be collected and
conveyed by underground pipe to existing facilities along Hope Lane.
Storm water run-off collected on the private driveway may be conveyed
to Hope Lane through the inclusion of a concrete curb along the driveway.
9. A Stormwater Control Plan for a Small Land Development Project shall be
submitted for review and approval by the Town prior to building permit
issuance.
1. 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 9 OF RESOLUTION NO. 2014-06
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 March 25,
2014, by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Overcashier, Radich
NOES:
ABSTAIN: -
ABSENT: Heusler
"
Chairman
APPROVED AS TO FORM:
City Attorney
Ch' f Tanning
PAGE 10 OF RESOLUTION NO. 2014-06