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HomeMy WebLinkAbout97-07 EXHIBIT A RESOLUTION NO. 97-07 A RESOLUTION OF THE PLANNING COMMISSION OF FHE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 96-28 ALLOWING THE CONSTRUCTION OF A 4,925 +/- SQUARE FOOT HOME AND ASSOCIATED ACCESSORY STRUCTURES ON A SITE LOCATED WITHIN A TOWN IDENTIFIED SCENIC HILLSIDE AREA (APN: 208-130-034 -- LOO) WltEREAS, Stephen and Connie Loo have requested approval of g Development Plan request DP 96-28 to allow the construction of a 4,925 +/- square foot home 0n a site located within a Town- identified Scenic Hillside area on a 3.52 acre site; and WHEREAS, the request also includes a modification in the locati6n of previously imposed scenic easements on the property; and WHEREAS, the subject site is located near the terminus of Highiand Drive, on the north side of Highland Drive, just before the entry into the San Damiano Retreal area. The site is also identified as Parcel C of Minor Subdivision MS 853-91, and is identified as Ass, ,~ssor's Parcel Number 208-130- 034; and WHEREAS, the Town of Danville Scenic Hillside and Major Rk lgeline Development Ordinance requires approval of a Development Plan prior to development Within a Town-identified Scenic Hillside area; and WHEREAS, the Planning Commission did review the project at a no"ficed public hearing on February 11, 1997; and WHEREAS, the public notice of this action was given in all respegts as required by law; and WHEREAS, a staff.report was submitted recommending that the Plfinning 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, !herefore, be it RESOLVED that the Planning Commission of the Town of Danv!lle approves Development Plan request DP 96-28 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed siting and architecture of the new residence wil! not conflict with the intent and PAGE 1 OF RESOLUTION NO. 97-07 purposes of Ordinance 29-84 C Scenic Hillside and Major 1~ idgeline Development"), in that development will be achieved with minimal grading and will n, It adversely impact predominate views of a Town-identified Scenic Hillside or Major Ridgel!ne area. The proposed development is in conformance with the goals and policies of the General Plan. 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 C * ") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be compl!ied 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 4,925+/- square foot home, wnd related accessory structures, to be located within a Town-identified Scenic Hillside area. The site is located near the terminus of Highland Drive, on the north side of Highland Drive, just before the entry into the San Damiano Retreat area. The sit~ is also identified as Parcel C of Minor Subdivision MS 853-91. Except as may be modified by the conditions of approval contained herein, development shall be subs~a t'a y as . n t 11 shown on the project drawings labeled "Loo Residence", as prepared by Kava Massih Architects, consisting of 13 sheets, dated received by the Planning Divisi6n February 5, 1997. · 2. 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 bhsed 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. * 4. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San RamoB Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified Scho[ol District have been, or will be, met to the satisfaction of these respective agencies.i In the event that sub surface archeological remains are discovered during any construction or pre-construction activities on the sit~, 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 PAGE 2 OF RESOLUTION NO. 97-07 , 10. Society of Professional Archeology, shall be notified.i Site work in this area shall not occur until the archeologist has had an opportunity td evaluate the significance of the find and to outline appropriate mitigation measures, ~fthey 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. = 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 writing by the City Engineer for general constructiol Official for building construction activity. The applicant shall provide security fencing, to the unless otherwise approved in activity and the Chief Building ;atisfaction 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 ~ubcontractors 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. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Qt tality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all e~ ~osed 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. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conj~nction with each phase; erosion control for undeveloped portions of the site; timing 9f delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Prior to issuance of building permits for construction of the home, the applicant shall obtain, from the Danville Town Council, hpproval of the proposed modification to the previously imposed scenic easements on the propert3,. The new configuration of the scenic easements to be dedicated to the Town of D~ tnville shall be recorded prior to issuance of Building Permits for the development. PAGE 3 }F RESOLUTION NO. 97-07 SITE PLANNING All lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding prop6rties and rights-of-way. A final outdoor lighting plan shall be submitted for review and approval by the Design Review Board prior to issuance ofbuildi'ng permits for the project. All lighting shall be a minimum intensity required to provide adequal~e illumination. 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. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department - Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. LANDSCAPING 1. Final landscape and irrigation plans (with planting Sshown 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 6ftime. The final landscape plan shall be modified to include additionill landscape screening which will serve to substantially screen the home from view points from the valley and surrounding properties. In addition to the primary residence, !the pool house, pool area, and detached garage shall be effectively screened. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape!guidelines and shall be designed to avoid runoff and overspray. Proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent 6f proposed common landscaped areas. All trees shall be a minimum of 15 gallon container size. All trees 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. All existing trees on the site shall be preserved to th~ extent practical. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 4 OF RESOLUTION NO. 97-07 Additional 15 gallon oak trees shall be planted on th~ north side of the development, below the pool, the pool house, and near the two exis!ing pine trees below the house. All oak trees and redwood trees planted to help screen the development shall be watered with an automatic drip system until the trees are established. All planting and the irrigation system shall be installed prior to the T0wn's issuance of an occupancy permit for the home. ARCHITECTURE E, , 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 ~hall be posted so as to be easily seen from the street at all times, day and night. Final architectural elevations, final details, and revisions shall be submitted for review and approval by the Design Review Board prior to ~ssuance of building permits for the project. All colors shall be of a subdued, earthtone nature to ihelp the home blend in with the natural environment. Approved colors and materiais are as follows: a. Siding - Redwood siding with Olympic Stain 908 b. Trim - Olympic Stain 902 c. Widow frame and deck rails - Black d. Concrete retaining walls and house foundation - Board formed concrete. Concrete to be tinted a neutral color subject to review and approval by the Design Review Board. c. Roof- The roof shall be constructed of matGrial with a non-reflective finish, subject to final review and approval by the Planning Commission. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. : At least one week prior to commencement ofgrading~ the applicant shall post the site and mail to the owners of property within 300 feet] of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, i a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the PAGE 5 OF RESOLUTION NO. 97-07 , list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action ir~ their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. Development shall be completed in compliance wiih a detailed soils report and the construction grading plans prepared for thi~ project. The engineering recommendations outlined in the project specific soils ireport shall be incorporated into the design of this project. The report shall incluc~e 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 s~ils report shall be submitted for review and approval by the City Engineer. It shall bei accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limit!ng construction primarily to the dry months of the year (May through October) and, 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 inc6rporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques 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. All cut and fill areas shall be appropriately designed tO minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials tha~ can be blown by the wind shall be covered. 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 iDepartment, the applicant shall make provisions for immediate containment of the materials. PAGE 6 3F RESOLUTION NO. 97-07 Runoff.from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 10. All grading activity shall address National Pollutam Discharge Elimination System (NPDES) concerns. Specific measures to contrdl sediment runoff, construction pollution and other potential construction contamin the Erosion Control Plan (ECP) and Storm W (SWPPP). A NPDES construction permit may be rec Engineer. STREETS 1. ~tion shall be addressed through ,ter Pollution Prevention Plan uired, as determined by the City Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction sigDs which may be required to be installed shall be subject to review and approval by ~he Transportation Division and the Police Department. : 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. 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 C!ty Engineer. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD.: All wastewater shall be disposed into .an existingi sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. Alternatively, an on-site septic system may be allowed subject to review and approval by the Contra Costa County Environmental Health Department. : Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra iCosta County Flood Control & Water Conservation District (CCCFC & WCD). All runofffrom impervious surfaces shall be intercepted at the project boundary and PAGE 7 OF RESOLUTION NO. 97-07 , 10. 11. shall be collected and conducted via an approvedi 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 ai 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. i Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. Ifa 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 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. 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. All new utilities required to serve the development shall be installed underground. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. MISCELLANEOUS The project shall be constructed as approved. Minori 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. Prior to issuance of Building Permits for the development, the applicant shall submit to the Town evidence of the properties equitable participation in the maintenance of Highland Drive and the area' s private storm drain system. PAGE 8 OF RESOLUTION NO. 97-07 APPROVED by the Danville Planning Commission at a RegUlar Meeting on February 11, 1997, by the following vote: AYES: Combs, Jameson, Moran, Osborn, Rapp, Bowlby NOES: Hunt ABSTAINED: ~/~~~, ~ ~ ~_ /fl ABSENT: .' Chai an APPROVED AS TO FORM: City Attorney pdcz123 Ch~_~f Planning PAGE 10 OF RESOLUTION NO. 97-07