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HomeMy WebLinkAbout99-01 EXHIBIT A RESOLUTION NO. 99-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 98-36 ALLOWING THE DEVELOPMENT OF A TWO-STORY SINGLE FAMILY HOME WITHIN A TOWN IDENTIFIED MAJOR RIDGELINE AREA (APN: 217-010-034 --- ROSSI) WHEREAS, Donald and Kathe Rossi have requested approval of a Development Plan request (DP 98-36) to allow the construction of a 3,600 +/- square foot two-story single family home and a 1,000 +/- square feet one-story detached accessory structure on a 11.58 +/- acre site located within a Town-identified Major Ridgeline area; and WHEREAS, as a condition of the original subdivision the design of the home to be built on this parcel was limited to a one-story design; and WHEREAS, the project includes a request to amend the conditions of approval of the original subdivision to allow the construction of a two-story home; and WHEREAS, the subject site is located at 71 Sherburne Hills Road and is further identified as Assessor's Parcel Number 217-010-034; and WHEREAS, the Conditions of Approval of Minor Subdivision MS 72-82 and the Town's Scenic Hillside and Major Ridgeline Ordinance require that the subject lot be subject to approval of a Development Plan application and return to the Planning Commission for final review and approval; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 26, 1999; and WBEREAS, 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 98-36 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 99-01 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 CScenic Hillside and Major 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 California Environmental Quality Act (CEQA) Section 15303, Class 3. 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 This approval is for a Development Plan request (DP 98-36) to allow the construction of a 3,600 +/- square foot two-story single family home and a 1,000 +/- square foot one-story accessory structure within a Town-identified Major Ridgeline area, and to amend the original conditions of approval which limit construction to a one-story height. 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 Wood Architects, Inc., dated received by the Planning Division on January 4, 1999. Preliminary Landscape Plan, consisting of 1 sheet, as prepared by Borrecco & Associates, Inc., entitled Rossi Residence, Danvitle, CA, and dated received by the Planning Division January 4, 1999. 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 PAGE 2 OF RESOLUTION NO. 99-01 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 two public hearings. The fee shall be $14.00 (10 notices X $0.75 per notice X 2 public hearings). 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 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 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. All physical improvements shall be in place prior to occupancy of the home. PAGE 3 OF RESOLUTION NO. 99-01 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. A lighting plan shall be submitted to the Town for review and approval by the Design Review Board (DRB), prior to the issuance of a building permit. A scenic easement shall be established over the portions of the parcel above contour line 770 and below the development area at contour line 760. A deed notification regarding the scenic easement and associated restrictions shall be recorded to run with the deed. Except as otherwise approved by these conditions of approval, no construction of structures or grading will be allowed in this area. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. LANDSCAPiNG Screening trees shall be added to the east elevation of the home along the bermed area to provide additional screening from the valley floor. The exact number and location of the additional screening trees shall be reflected on the final landscape plans subject to review and approval by the Planning Division and 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 through a bond or other security acceptable 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~ 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 the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. ARCHITECTURE The colors and materials approved by the DRB on November 10, 1998, which include: La Habra "Clay X-830" Stucco for the body, Kelly Moore "KM574-M" for the trim, Kelly Moore "150 Mallard Green" for the accent trim, and Hardislate "Flint Gray # 230" for the roof material, PAGE 4 OF RESOLUTION NO. 99-01 rt'~', shall be used for this project. The material board for this project will be on file in the Planning Division. Any changes to the project materials shall be subject to further review and approval by the DRB. * 2. 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. E. GRADING * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. * 2. 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. * 5. 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 PAGE 5 OF RESOLUTION NO. 99-01 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 modem 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 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. 10. 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 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 City Engineer. PAGE 6 OF RESOLUTION NO. 99-01 * 3. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shalI be as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. G. INFRASTRUCTURE Domestic water supply shall be provided from the existing on-site well. The applicant shall install a water storage tank to serve the property. This tank shall be located above 780 feet in elevation and shall be substantially buried to minimize the visual impact from the valley floor. The applicant shall submit a site plan that identifies the proposed location of the tank for review and approval by the Planning Division and the Design Review Board, prior to the issuance of building permits. The applicant shall submit plans for the water storage tank to the Contra Costa County Environmental Health Department (CCCEHD) for review and approval, prior to the issuance of building permits. Prior to the issuance of building permits, the applicant shall submit proof to the Town that the CCCEHD has inspected the existing on-site well for health and safety compliance. 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. 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). * 6. 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. * 7. Roof drainage from structures shall be collected via a closed pipe and PAGE 7 OF RESOLUTION NO. 99-01 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. Ira 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. * 10. 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. * 11. All new utilities required to serve the development shall be installed underground. * 12 All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. H. 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. * 2. Use of a private gated entrance is expressly prohibited. PAGE 8 OF RESOLUTION NO. 99-01 APPROVED by the Danville Planning Commission at a Regular Meeting on January 26, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Chairman APPROVED AS TO FORM: City Attorney~ ?~'~ ;~of Planning f:\planmng\applications\DP\Dp98*36\Resolution99-01 .doc PAGE 9 OF RESOLUTION NO. 99-01