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HomeMy WebLinkAbout96-14 EXHIBIT A RESOLUTION NO. 96-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 96-02 ALLOWING THE THE CONSTRUCTION OF AN APPROXIMATELY 6,200 SQUARE FOOT HOME TO BE CONSTRUCTED ON A PARCEL WHICH IS LOCATED WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 197-130-017) WHEREAS, Mohsen Reihani has requested approval of a Development Plan request (DP 96-02) to allow the construction of an approximately 6,200 square foot home and an approximately 450 square foot barn on a site located within a Town identified Major Ridgeline Area on a 2.4 +/- acre site; and WHEREAS, the subject site is located on the west side of El Alamo Road near the top of the ridgeline, adjacent and left of 485 El Alamo Road and is identified as Assessor's Parcel Number 197-130-017; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance (Ordinance No. 29-84) requires approval of a Development Plan prior to the issuance of a building or grading permit for the development of the parcel; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 26, 1996; and WHERF~S, 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 PAGE 1 OF RESOLUTION NO. 96-14 RESOLVED that the Planning Commission of the Town of Danville approves the Negative Declaration of Environmental Significance for the project and approves of the Development Plan application (DP 96-02), per the conditions contained herein, and makes the following findings in support of this action: The proposed development is in conformance with the goals and policies of the General Piano The proposed development is in conformance with the zoning district in which the property is locatedo The proposed development within 100 feet of the centerline of the ridge is necessary due to the lack of an appropriate alternate building area elsewhere on the property. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant adverse effect on the environment. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") 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 Development Plan approval (DP 96-02) authorizes the construction of an approximately 6,200 square foot single family home and an approximately 450 square foot horse barn and landscape improvements on a parcel which is located within a Town-identified major ridgeline area. The site is located on the west side of E1 Alamo Road near the top of the ridgeline, adjacent and left of 485 El Alamo Road and is identified as Assessor's Parcel Number 197-130-017. Except as may be modified by the following conditions, development shall be substantially as shown on the PAGE 2 OF RESOLUTION NO. 96-14 o 0 0 project drawing consisting of 5 sheets, including the site plan, preliminary landscape plan, lighting plan, drainage plan, architectural elevations, floor plans, barn plan, and site sections, labeled Reihani Family, as prepared by Hertel Architects, dated received by the Planning Division on April 17, 19960 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 said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities fees. 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. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated January 18, 1996. Within 10 days of approval of the project, the applicant shall submit to the Town a check in the amount of $25.00 to cover the cost of posting the Notice of Determination with the Contra Costa County Clerk. 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. 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. 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. PAGE 3 OF RESOLUTION NO. 96-14 B0 Co 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 work days. Dust-producing activities shall be discontinued during high wind periods. o All physical improvements shall be in place prior to occupancy of the residence. 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. SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. All lighting shall be of a minimum intensity needed to provide adequate illumination. 0 The property owner shall dedicate a scenic easement which covers the steep sloping portions of this property (all areas below the existing flat pad at the top of the ridge). No development, including site grading, structures of any kind, or landscape improvements, is allowed in these areas. A note setting forth this restriction shall be recorded to run with the deed to the property. LANDSCAPING Final landscape plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Commission. 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. All landscaping shall be installed prior to the issuance of a certificate of occupancy for the home. Alternatively, if the property owner wishes to install the landscaping after occupancy, then all landscape improvements shall be installed within six months after the issuance of the certificate of occupancy for the home. If the landscape improvements are to be installed PAGE 4 OF RESOLUTION NO. 96-14 after occupancy, then the property owner shall submit to the Town a security, acceptable to the Planning Division, which is equal to 125 percent of the estimated value of the installation of the landscape improvements to guarantee the installation. The final landscape plan shall be modified to include additional landscape screening for the home which will serve to effectively screen the home within a short period of time. In addition, the landscape plan shall include additional landscaping to effectively screen the horse barn, particularly as viewed from the west, within a short period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All landscape material shall be of a natural variety, or compatible with natural varieties, and shall be drought toleranL Any fencing on property shall be open wire fencing° 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 Division and the processing of a Tree Removal permit if deemed necessary. Ail development shall take place in compliance with the arborist's report prepared for the project by Traverso Tree Service dated April 16, 1996. For the required pre-construction mitigation measures, the Planning Division shall be notified of the date and time of the required trimming work and the Planning Division shall verify that all work is performed by ISA Certified Tree Workers. In addition, prior to issuance of building permits for the construction of the home, the project arborist shall submit a letter to the Planning Division verifying that the arborist has inspected and approved the trimming work and the location of snow fencing around the trees. During construction, the Planning Division shall be notified of the date and time of the required hand trenching work within the dripline of Oak #1, and the Planning shall verify compliance with the hand trenching requirement. After substantial completion of the home, but prior to the issuance of a certificate of occupancy for the home, the project arborist shall reassess the condition of the three Oak trees and make additional recommendations regarding maximizing the health of the trees. Verification of the completion of any necessary additional mitigation shall PAGE 5 OF RESOLUTION NO. 96-14 be submitted to the Planing Division prior to occupancy of the home. After completion of the proposed landscape improvements, the project arborist shall complete a final assessment regarding the condition of the Oak trees, and compliance with all recommended post-construction mitigation measures. Prior to the Town's release of the required $5,000.00 tree preservation bond, the arborist shall submit to the Planning Division a letter which verifies that all required final mitigation measures have been completed° Prior to issuance of building permits, the applicant shall post a bond, or other security acceptable to the Chief of Planning, in the amount of $5,000 to guarantee the long term health of the three significant Oak tree located near the building area and identified in the above referenced arborist's report. The security will be returned upon the verification of the tree's good health, and compliance with the recommended mitigation measures contained in the arborist's report, after two full growing seasons. D. 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 structures. 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. All colors shall be of a subdued, earthtone nature to help the residence blend in with the environment. Approved colors and materials are as follows: a. Stucco - La Habra Pacific Sand b. Trim - Eggshell White c. Accent - Frazee Westminster PAGE 6 OF RESOLUTION NO. 96-14 Roof material shall be concrete tile - Lifetile Color Blend 909 Remington Charcoal, sample on file with the Planning Division. Modification from the approved colors and materials will require approval from the Town's Design Review Board. The floor plan for the home shall be modified to maintain a minimum 15 foot setback from Oak Tree #1, as identified within the above referenced arborist's report. The modified floor plan and resulting modified exterior elevation for the home shall be subject to review and approval by the Design Review Board prior to issuance of a building permit for construction of the home. GRADING * 1. 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° 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. o 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 use of sediment traps and other devices to minimize erosion. 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. PAGE 7 OF RESOLUTION NO. 96-14 0 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. 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. Fo 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. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. Any damage to public street improvements now existing or done during construction on or adjacent to the subiect 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. The applicant shall submit to the Town for review and approval a road maintenance agreement which provides for the shared maintenance of the private driveway by all properties which use the driveway. Prior to occupancy of the unit, the applicant shall submit documentation of the execution of the agreement by all affected parties or documentation that a good faith effort has been put forth to execute the agreement. The maintenance agreement shall include a provision which requires the maintenance of the road to be free of earth and debris at all times. The earth which currently covers portions of the north side of the private drive shall be removed from the road prior to occupancy of the home. The PAGE 8 OF RESOLUTION NO. 96-14 road shall be maintained to be free of earth or other debris at all times. Go Any damage to the private drive done during construction shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant, prior to occupancy of the home. INFRASTRUCTURE Domestic water supply shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated January 11, 1996o 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. CCCSD's initial comments on this project are summarized within their letter dated January 18, 1996. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. PAGE 9 OF RESOLUTION NO. 96-14 All new utilities required to serve the development shall be installed underground° * 8. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer° All required drainage improvements shall be installed prior to occupancy of the home. 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. o Use of a private gated entrance, except for the gating of individual properties, is expressly prohibited, APPROVED by the Danville Planning Commission at a Regular Meeting on April 23, 1996, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy Cha~nhn ~ City Attorney pdcz98 PAGE 10 OF RESOLUTION NO. 96-14