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HomeMy WebLinkAbout98-29 EXHIBIT A RESOLUTION NO. 98-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-05 (APN: 200-230-002 (LOT 6) --- KIPER) WHEREAS, Robert and Marian Falk have requested approval of a Development Plan (DP 98- 05) to allow the construction of a 6,800 +/- square foot single family home on a 3.5 acre site located within a Town-identified Scenic Hillside area; and WHEREAS, the subject site is located at 555 El Pintado and is further identified as Assessor's Parcel Number 200-230-002 (Lot 6); and WHEREAS, the Conditions of Approval of the Town of Danville subdivision 7566 require that the subject lot be subject to approval of a Development Plan application and retum to the Planning Commission for final review and approval; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 9, 1998; 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 the Planning Commission of the Town of Danville approves the Development Plan request DP 98-05 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29-84 (''Scenic Hillside and maj or 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. The project has been found to be Categorically Exempt from the requirements of the Califomia Environmental Quality Act (CEQA) Section 15303, Class 3. PAGE 1 OF RESOLUTION NO. 98-29 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 This approval is for a Development Plan request (DP 98-05) to allow the construction of a 6,800 +/- square foot single family home within a Town- identified Scenic Hillside area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Development Plan, Site Plan Elevations, Architectural Plans and Floor Plans consisting of 8 sheets, as prepared by William Hezmalhalch Architects, Inc. and dated received by the Planning Division on April 8, 1998. b, Preliminary Landscape Plan, consisting of 1 sheet, as prepared by Ripley Design Group and entitled El Pintado - Lot 6, Kiper Homes, Conceptual Landscape Plan, and dated received by the Planning Division May 8, 1998. 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection fees. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $142.50 (190 notices X $0.75 per notice). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire PAGE 2 OF RESOLUTION NO. 98-29 10. 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 applicant shall submit to the Town of Danville a fee in the amount of $25.00, made payable to the Contra Costa County Clerk, which is required to file a Notice of Determination for this project. 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. 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 intemal 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 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. 11. All physical improvements shall be in place prior to occupancy of any structure in the project. No structure shall be occupied until construction activity in the PAGE 3 OF RESOLUTION NO. 98-29 adjoining area is complete and the area is safe, accessible, provided with all reasonably expected selwices and amenities, and appropriately separated from remaining additional construction activity. B. SITE PLANNING * 1. 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. 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 sephc 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. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. The applicant shall dedicate a scenic easement to the Town to be located between the 520 foot contour elevation located to the rear of the proposed home and the rear property line (approximately 230 feet). No development of structures or grading will be allowed in the scenic easement area. Additionally, development rights for the area to be included within the scenic easement shall be dedicated to the Town of Danville. The language of the scenic easement and development right dedication shall be submitted for review by the Town and recorded to run with the title of the parcel prior to issuance of a building permit for the home. C. LANDSCAPING Additional screening trees shall be provided to screen the front of the home as it steps down hill to the west. The location and number of trees shall be determined through consultation with the staff and property owner to the west, in order to provide effective screening. The exact number and location ofthe additional screening trees shall be reflected on the final landscape plans subject to review and approval by the DRB prior to issuance of a building permit for the project. The landscaping shall be installed prior to issuance of a certificate of occupancy for the house or be guaranteed PAGE 4 OF RESOLUTION NO. 98-29 through a bond or other security acceptible to the Town, equal to 125% of the cost of the landscaping, to be submitted to the Planning Division prior to occupancy of the home. 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 plm~t materials will achieve within a five year period of time. 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 landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. , 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. * 6. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees (see project tree survey), a security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit shall be returned upon verification of the health of the trees following two full growing seasons after project completion. 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. , 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. Prior to obtaining a certificate of occupancy, the applicant shall paint several body color swatches on the home. The final exterior color of the home shall be determined in the field by the DRB after reviewing the color swatches painted on the home. 4. The maximum height of the house shall not exceed 28 feet, as calculated from the average of the high and low finished grade. PAGE 5 OF RESOLUTION NO. 98-29 GRADING Any grading on adjacent properties will require prior written approval of those property owners affected 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, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, 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 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. 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. 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 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. 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 6 OF RESOLUTION NO. 98-29 * 7. All cut and fill areas shall be appropriately designed to minimize the effects of ~ ground shaking and settlement. F, Stockpiles of debris, soil, sand or other materials that 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 Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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). An NPDES construction permit may be required, as determined by the City Engineer. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 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 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 PAGE 7 OF RESOLUTION NO. 98-29 Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. * 5. Public streets shall be improved to the standards in ~F.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A. 1. above and shall conform to Standard Plan 104 a & b. G. 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 (EBMUD) water system in accordance with the requirements of EBMUD. * 2. 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. * 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 & Water Conservation District (CCCFC & WCD). * 4. All runofffrom 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 onto an approved storm drainage structure on the new private road located at the north property line. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. 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 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. PAGE 8 OF RESOLUTION NO. 98-29 * 8. 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. * 9. All new utilities required to serve the development shall be installed underground. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. 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. * 2. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. If the applicant is unsuccessful in negotiations, the applicant shall apply to the Town for use of eminent domain powers in accordance with Town Resolution No. 78-85. All easement fights shall be secured prior to Town Council final approval of any subdivision map. All costs associated with such acquisition shall be borne by the applicant. · 3. Use of a private gated entrance is expressly prohibited. * 4. 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. PAGE 9 OF RESOLUTION NO. 98-29 APPROVED by the Danville Planning Commission at a Regular Meeting on June 9, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Bowlby, Combs, Magliano, Osborn, Rapp Jameson~ Moran APPROVED AS TO FORM: City Attorney f:\plannmg\applicationsXDP\Dp98-05\pbgz4 Chief of P~ PAGE 10 OF RESOLUTION NO. 98-29