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HomeMy WebLinkAbout92-11EXHIBIT A RESOLUTION NO. 92-11 A RESOLUTION OF THE PIANNING COMMISSION OF THE TOWN OF DANVILLe- APPROVING A ~ USE pERMIT.~"D D~/ELOPMENT PERMIT (LUP 91-51 & DP 91-41) TO CONSTRUCT A 1,000 SQUARE FOOT SECOND UNIT IN A TOWN- IDENTIFIED SCENIC HILLSIDE AREA LOCATED AT 16 HILFE~ WAY (A N: l! -0S0.020) WHEREA~, Rick Dame has requested approval of a I~nd Use Permit and Development Plan (LUP 91-31 & DP 91-41) to construct a 1,000 square foot second unit in a Town- identified Scenic Hillside area on a 5.2 + acre site; and WHEREAS, the subject site is located 16 I-Iilferd Wa~r (Lot 3 of SD 6680) and is identified as Assessor's Parcel Number 199-080-007; and WHEREAS, the Town of Danville Second Unit Ordinance (Ordinance No. 24-83) requires approval of a Land Use Permit to construct a second unit; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance (Ordinance No. 29-84) requires approval of a Development Plan for development within an identified scenic hillside area; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 28, 1992; 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 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 1. The proposed project is consistent with the Danville 2005 General Plan. PAGE 1 OF RESOLUTION NO. 92-11 The proposed second unit is consistent with the requirements of the Second Unit Ordinance (Ordinance No. 24-83). There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Be it further RESOLVED THAT the Planning Commission of the Town-of Danville approves the request for a Development Plan for the Second Unit per the conditions contained herein, and makes the following findings in support of the Development Plan: The prOposed siting and architecture of the second unit will not conflict with the purposes and intent of Ordinance 29-84 ~'Scenic Hillside and Major Ridgeline Development"), in that development will be achieved with minimal grading, and will not adversely impact predominant view~ of Town-identified Scenic Hillside Area. : 2. The proposed development is in conformance with all zoning regulations. COND.!TIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of an occupancy permit for [he project. Each item is subject to review and approval by the Planning Division unless otherwise specified. GENERAL This approval is for a 1,000 square foot second unit located within a Town- identified Scenic Hillside area located at 16 Hilferd Way. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Architectural drawings identified as "Guest House For Dame Estate" and consisting of three sheets, dated received by the Planning Division on April 22, 1992. ~ be Site Plan identified as "Site Plan For In-Law Unit" consisting of one sheet and dated received by the Planning Division on April 22, 1992. PAGE 2 OF RESOLUTION NO. 92-11 Co Site Plan identified as "Lot 3 - Subdivision 6680, Rick Dame Residence" identifying the location of the proposed second unit and existing trees on the site, consisting of one sheet and dated received by the Planning Division on April 22, 1992. Cross-Section of proposed second unit identified as 'Wick Dame Residence Cross-Section* and dated received by the Planning Division on April 22, 1992. o 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 Coutity 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 March 27, 1992. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. 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 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. All construction and grading operations, including delivery of materials and warming up of machinery, shall be limited to weekdays during the hours PAGE 3 OF RESOLUTION NO. 92-11 from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 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. Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless otherwise approved in writing by the Chief Building Official. 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 consiruction work will commence. The notice shall include a list of conu~act 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. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. o The Second Unit shall be located as shown on the approved site plan. No trees shall be removed for the consu-uction of the second unit. TREE PROTECTION/LANDSCAPING If the developer proposes any tree trimming to trees in the vicinity of the Second Unit, the applicant shall submit a tree trimming proposal for the review and approval of the Chief of Planning. The developer shall post a $5,000 tree protection deposit as specified by Section 8-5608 of Ordinance No. 138. The developer shall install landscaping adjacent to the south elevation of the PAGE 4 OF RESOLUTION NO. 92-11 Do sn-ucture to help screen the structure from neighbors looted on Starmont Court and Starmont Lane. The developer shall submit a landscape plan that includes fire resistant plant species for the review and approval of Planning staff prior to issuance of building pe.ti-,its. The landscaping shall be installed prior to issuance of occupancy pe,mits. ARcHrrEC'TURE All architectural detailing including but not limited to truss detailings fascia, window details, railings, river rock wainscoat, concrete roof tile, and stucco color shall match the primary dwelling. Divided light windows (including the bathroom window on the south elevation of the upper floor) shall be located on the north and south elevations of the structure to match e~isting divided light windows of the primary dwelling. Additional windows may be added to the south elevation of the structure subject to the review and approval of Planning staff. o Both sliders on the east elevation shall be trimmed consistent with all other windows on the structure. Eo o Posts supporting the deck shall be minimum 8" X 8" in size. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. PARKING 1. A minimum of one parking space shall be maintained on the parking deck attached to the west elevation of the second unit. 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 PAGE 5 OF RESOLUTION NO. 92-11 watered, or weated 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. Go 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 softs report shall be incorporated into the design of this project. Where softs or geologic conditions encountered in grading operatiOns are different from that anticipated in the soft report, a revised softs 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 a~tivity. No grading on the site shall occur prior to review and. approval of the Planning and Engineering Divisions. All grading shall be consistent with approved grading plans. STREETS The developer shall obtain an encroachment perii-,it from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. o The developer shall keep adjoining public sweets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Any damage to sweet 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by file City Engineer. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. PAGE 6 OF RESOLUTION NO. 92oll o 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. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer an.d/Or the Chief Engineer of the Contra Costa County Flood Control District. 10. 11. 12. All storm w~_._ter run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved at:ems, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 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. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Depa~i~i~ent of Fish and Game. 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. All utilities required to serve the development shall be installed underground. All public improvement plans shall be prepared by a licensed civil engineer. PAGE 7 OF RESOLUTION NO. 92-11 14. The developer shall mitigate the impact of additional stormwater runoff froTM this development on the San Rarnon Creek watershed by either of the following methods: ao Removing 1 cubic yard of channel excavation material from thc inadequate, portion, of San Rarnon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of offsite by the developer at his cost The site selection, land rights, and construction staldng will be determined by the Flood Control District. OR, AT'THE OPTION OF THE DEVEII)PIIR, Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the cOntribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. MISCEllANEOUS 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. 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. PAGE 8 OF RESOLUTION NO. 92-11 APPROVED by the Danville Planning Commission at a Regular Meeting on April 28, 1992, 1991 by the following vote: A~S: Hunt, Murphy, 0sborn, 'NOES: Arnerich ABSTAINED: ABSENT: Vilhauer Wright, Hughes APPROVED AS TO FORM:, pdpz23 PAGE 9 OF RESOLUTION NO. 92-11