HomeMy WebLinkAbout91-33 EXHIBIT A
RESOLUTION NO. 91-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT LUP 91-22 AND DEVELOPMENT PLAN DF 91-27
TO CONSTRUCT A 748 SQUARE FOOT SECOND DWELLING UNIT WITHIN
A TOWN IDENTIFIED SCENIC HILLSIDE AREA
WHEREAS, Mark Harrigan (Owner) and Wally Anderson (Applicant) have requested
approval of Land Use and Development Plan permits for a 748 square foot second
dwelling unit within a Town identified scenic hillside area on a 2.21 acre site; and
WHEREAS, the subject site is located at 246 El Pinto Road and is identified as Assessor's
Parcel Number 197-100-021; and
WHE~, the Town of Danville A-2; General Agricultural District Ordinance requires
approval of a Land Use Permit, and the Town of Danville Scenic Hillside and Major
Ridgeline Ordinance (Ord No.24-83) requires approval of a Development Plan; and
WHERF~S, the project has been determined to be Categorically Exempt from the
provisions of the California Environmental Quality Act (CEQA); and a Notice of Exemption
has been prepared for this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on August 27, 1991; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF~S, a staff report was submitted recommending that 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 Land Use Permit request per the conditions contained herein, and
PAGE I OF RESOLUTION NO.91-33
makes the following findings in support of the Land Use Permit request:
1. The proposed project is consistent with the Danville 2005 General Plan.
o
The Land Use Permit will not be'detrimental to the health, safety and general
welfare of the Town.
The Land Use Permit will not adversely affect the orderly development of property
within the Town.
The Land Use Permit will not adversely affect the preservation of property values
and the protection of the tax base within the Town.
o
The Land Use Permit will not create a nuisance and/or enforcement problem
within the neighborhood.
The Land Use Permit will not encourage marginal development in the
neighborhood as this unit is compatible in quality and design with the primary
residence on the site.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the
Town of Danville approves the Development Plan request per the conditions contained
herein and makes the following findings in support of the Development Plan:
The siting and architecture of the proposed second unit will not conflict with the
purpose and intent of Town Ordinance 29-84 (Scenic Hillside and Major Ridgeline
Development) in that this addition will not adversely impact predominate views of
the Town identified Scenic Hillside area.
°
The proposed second unit is in conformance with the goals and policies of the
General Plan.
o
The proposed addition is in conformance with all regulations of the A-2; General
Agricultural District.
PAGE 2 OF RESOLUTION NO.91-33
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior issuance
of building permit for the project. Each item is subject to review and approval by the
Planning Department unless otherwise specified.
GENERAL
This approval is for a 748 square foot secondary dwelling unit identified
as 246 El Pinto Road. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
no
Site plan, floor plan and elevations labeled "secondary living unit for
Mark Harrigan -246 E1 Pinto", dated received on July 16, 1991,
consisting of three sheets and on file with the Planning Division.
The entry gates are not approved as part of this project. The applicant shall
file a Variance application with the Planning Division prior to installation of
fencing within the front setback area over 3'6" in height.
The developer 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. Notice
should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as
established by the Contra Costa County Flood Control District.
°
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
The Fire District's initial comments on this project are summarized in part
within their letter of August 2, 1991.
PAGE 3 OF RESOLUTION NO.91-33
o
The applicant shall submit to the Town of Danville fees required to file a
Notice of Exemption for this project as required by AB 3185. The fee shall
be $25.00.
o
If archeological materials are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materials shall be stopped, the Town Planning Department 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.
o
All construction and grading operations, including delivery of materials and
warming up of machinery, shall be limited to weekdays (Mondays through
Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise
approved in writing by the City Engineer. If determined necessary by the
City Engineer, the project developer shall provide security fencing around
the entire site during construction of the project.
* 8.
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 and to the homeowner associations of
nearby residential projects that construction work will commence. The
notice shall include a list of contract 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.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
PAGE 4 OF RESOLUTION NO.91-33
~ C. LANDSCAPING
Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division prior
to issuance of a building permit. 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.
o
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size.
0
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
o
All existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Department.
ARCHITECTURE
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 structure(s). The highest point of any roof mounted equipment shall
not extend above the top of the equipment well.
o
The street number(s) of the building(s) shall be posted so as to be easily
seen from the street at all times, day and night.
Prior to the issuance of a building permit, samples of final colors and
materials selected shall be submitted to the Planning Department for review
and approval.
PAGE 5 OF RESOLUTION NO.91-33
,~.~ E. GRADING
* 1.
Any grading on adjacent properties will require written approval of those
property owners affected.
Areas undergoing grading, and all other construction activities shall be
watered, or treated with other dust control measures to prevent dust. These
measures shall be approved by the Chief Building Official and employed at
all times as conditions warrant.
Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The soils
report shall contain specific recommendations for foundation design of the
building. The engineering recommendations outlined in the project specific
soils report shall be incorporated into the design of this project.
* 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 Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
F. STREETS
* 1.
The developer shall obtain an encroachment permit from the Engineering
Department prior to commencing any construction activities within any
public right-of-way or easement.
o
Street signing shall be installed by the developer as may be required by the
City Engineer. Traffic signs and parking restriction signs shall which may
be required to be installed shall be subject to review and approval by the
Police Department.
* 3.
The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
necessary by the City Engineer.
* 4. Any damage to street improvements now existing or done during
PAGE 6 OF RESOLUTION NO.91-33
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer at full expense to the developer. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
INFRASTRUCTURE
1. Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
2. Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District, unless
approval is secured to utilize a private sewage disposal system.
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 District.
4. MI storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
5. Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the City.
6. Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
7. Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
8. Any portion of the drainage, system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
9. 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.
10. The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control District and the Depa~;unent of Fish and Game.
,.'--, PAGE 7 OF RESOLUTION NO.91-33
11.
The developer 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.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the City 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.
12.
All utilities required to serve the development shall be installed
underground.
MISCELIANEOUS
The property owner shall occupy either the principal or the secondary
residential unit. If neither unit is owner-occupied, then the use of the
property shall be reverted to a single family occupancy. The owner shall
record a deed restriction setting forth this occupancy requirement. Evidence
of recordation shall be submitted to the Planning Division prior to issuance
of a building permit.
* 2.
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.
APPROVED by the Danville Planning Commission at a Regular Meeting on August 27,
1991 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Hughes, Hunt, Murphy, Vilhauer
Arnerich, Osborn, Wright
Chief of la~ing
APPROVED AS TO FORM:
~ty Attorney
pabz4
PAGE 8 OF RESOLUTION NO.91-33