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HomeMy WebLinkAbout99-10 EXHIBIT A RESOLUTION NO. 99-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 98-47 ALLOWING THE CONSTRUCTION OF A 4,000+/- SQUARE FOOT HOME ON A SITE LOCATED WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 202-040-010 -~- VON KAHLE) WHEREAS, Jon and Julle Von Kahle have requested approval of a Development Plan request (DP 98-47) to allow the construction of a 4,000 +/- square foot So-story single family home on a 3.7 +/- acre site located within a Town-identified Major Ridgeline area; and WHEREAS, the subject site is located at 689 Gwen Court and is further identified as Assessor's Parcel Number 202-040-010; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance require approval of a Development Plan application prior to development of the site; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared indicating that as mitigated, no significant environmental impacts are anticipated to be associated with the subject project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 9, 1999; 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 a Mitigated Negative Declaration of Environmental Significance and the Development Plan request DP 98-47 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 Plan due to its status as a legal-non-conforming parcel. As such, the development of one single- family home on the parcel is consistent with this General Plan land use designation. PAGE 1 OF RESOLUTION NO. 99-10 The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic 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 proposed development is in conformante with the zoning district in which the property is located. , Dedication of scenic easements would be consistent with the General Plan designation of General Open Space and the Town' s Major Ridgeline and Scenic Hillside Ordinance. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C *") in the lea-hand colunto are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 98-47) to allow the construction of a 4,000 +/- square foot two-story single family home within a Townddentified Major Ridgeline area. Developmeat 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 James Lemoine, Architect, dated received by the Planning Division on March 3, 1999. Preliminary Landscape Plan, consisfmg of 1 sheet, as prepared by Corbin M.E. Schneider, entitled "The Von Kahle Residence", Danville, CA, dated received by the Planning Division on March 3, 1999. C, Preliminary Geologic Investigation Report, as prepared by Adobe Geotech, dated received by the Planning Division October 8, 1998, and addendum letters dated December 1, 1998 and December 17, 1998. PAGE 2 OF RESOLUTION NO. 99-10 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), the Tri Valley Transportation Development Fee, the SCC Regional, Park Land h-lieu and Child Care Facilities fees, and the 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 $76.50 (102 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 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 October 8, 1998. 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. PAGE 3 OF RESOLUTION NO. 99-10 C, 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. 10. All physical improvements shall be in place prior to occupancy of the home. 11. Prior to approval of a Building Permit, the development must conform to the applicable Uniform Building Codes and the California building codes. 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 lightingplan for the home shah be submitted which includes indirect lighting with minimal glare. The lighting plan shall be submitted to the Town for review and approval by the Planning Division and Design Review Board (DRB), prior to the issuance of a buildingpermit. Scenic easements shall be established over the portions of the parcel substantially as shown in the Staff Study attached to the report as Exhibit E and incorporated herein. The final locations of the easements shall be subject to review and approval by the Planning Commission prior to the issuance of building permits. A deed notification regarding the scenic easements and associated restrictions shall be recorded to run with the deed to this parcel. Except as otherwise approved by these conditions of approval, no construction of structures, grading, or formal landscaping will be allowed in this area. LANDSCAPING 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 plant 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. PAGE 4 OF RESOLUTION NO. 99-10 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. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. The landscaping shall be installed prior to 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 of the home. If the landscape improvements are to be installed after occupancy, then the property owner shall submit to the Town a security, acceptable to the Planfling Division, which is equal to 125 percent of the estimated value of the installation of the landscape improvements to guarantee installation. ARCHITECTURE The following colors and materials are approved for this project: Kelly-Moore Keystone//186 stucco for the body, Kelly-Moore Peppertree//214 for the trim, Kelly-Moore Riviera//156 for the accent trim, M.C.A. Clay Roof Tile Antique Black Flash - F42 for the roof material, Desert Tan B- 12 for the driveway field - colored concrete, Caramel B-11 for the driveway banding-concrete, and Natural Gray A-3 for the lower retaining walls shall be used for this project. The material boards and roof tile samples for this project will be on file in the Planning Division. Any changes to the project colors and/or materials shall be subject to further review and approval by the DRB. The street number for the home shall be posted so as to be easily seen from the street at all times, day and night. The height of the home shall be limited to 28Jbet, as calculated from the average of the high and low finished grade. GRADING 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 PAGE 5 OF RESOLUTION NO. 99-10 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 end 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 shah be completed in compliance with a detailed soils and geotechnical report prepared by a licensed geotechnical engineer and the construction grading plans prepared for this specific project. Previous soils reports, prepared for projects other than this specific project, will not be acceptable. The engineering recommendations outlined in the project specific soils and geotechnical report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed building and shall be subject to review and approval by the Town's Engineering and Planning Divisions prior to issuance of a grading permit. A licensed Geotechnical Engineer must prepare, stamp, and sign the soils and geotechnical report. A component of the geotechnical report shah idenaf) any underground water and surface flows existing on this parcel, and cletermme mitigaaon measures to alleviate the potential impact the water wouM have on the development of a single-J&mily home. If mitigation measures are identified which wouM prohibit the the construction of the project substantially as approved by this permit, the Development Plan approval will be null and void. Any alternative development of this site will require review and approval by the Planning Commission trader a new Major Ridgeline development plan application. The findings of the geotechnical and soils report is subject to independent third- party review, as deemed necessary by the City Engineer. 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 as found necessary by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement, slide end 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 PAGE 6 OF RESOLUTION NO. 99-10 , 10. 11. 12. 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~ If permission is obtained from the landowners immediately to the south, the applicant shall clean up all construction debris from the existing V-ditch immediately upon completion of all construction. 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 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. A licensed Geotechnical Engineer shall be required to be on-site supervising all site preparation and Fading, and shall take all measures necessary to ensure slope stability during construcaon, and shall ensure conJbrmance with the grading plan. PAGE 7 OF RESOLUTION NO. 99-10 13. A licensed Geotechnical Engineer shall be required to review, sign, and stamp the final grading plan. Grading shall be required to comply with the Town's Grading Ordinance, and shall be subject to review by the Town's Grading Inspector, prior to issuance of building permits. 14. This approval is based on the conch4sions of the preliminary soils and geologic reportprepared for this project and reviewed by the Town and reJbrenced above under Condition of Approval A. l.c. This report includes conclusions related to the location of existing landslides, recommended slide repair for one of the slides and other soils mitigation. If the final soils and geotechnical reports prepared for this project result in the necessity for slide repair or soils mitigation measures which are significantly different than the recommended mitigations contained within this preliminary geological report, as determined by the City Engineer, this Development Plan approval will be null and void. Any alternaave development of this site will require review and approval by the Planning Commission under a separate Major Ridgeline Development Plan application. 15. Any necessary slide repair shall be repaired and regraded in a manner that results in the natural appearance of the hillside. 16. If the ancient landslide on the eastem portion of the site, and identified in Figure 2 of the above referenced Geologic Investigation Report, is activated and encroaches in the public right-of-way, the applicant shall be required to clean up the debris, and bear the cost to repair any resulting damages to public infrastructure. STREETS The applicant shall obtain an encroachment ~ermit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. 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. 4. All improvements within the public right-of-way, including curb, gutter, sidewalks, PAGE 8 OF RESOLUTION NO. 99-10 G, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. 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 ofEBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated October 1, 1998. 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 ConIra Costs County Flood Control & Water Conservation District (CCCFC & WCD). The property owners shah dedicate a six foot storm drain easement across the eastern poraon of the subject parcel, adjacent to the existing East Bay Municipal Utilities District easement, to allow the Fucanan property to the north (APN: 202-220-011) drainage access to Gwen Court. All legal plats and description for this drainage easement shah be recorded, and proof provided to the Town, prior to issuance of a grading permit. This easement shah supercede the existing floating drainage easement. 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. 6. If a storm drain must cross a lot, or be in an easement between lots, the easement PAGE 9 OF RESOLUTION NO. 99-10 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. 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. MISCELLANEOUS The project shall be construeted 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. Pursuant to Govemment Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval coneerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. PAGE 10 OF RESOLUTION NO. 99-10 APPROVED by the Danville Planning Commission at a Regular Meeting on March 9, 1999 by the following vote: AYES: NOES: ABSTAlN: ABSENT: Combs, Graham, Moran, Rapp Hunt, Jameson, Osborn Chairman APPROVED AS TO FORM: City Attorney ~. ~ Chie~ f:\plannmg\applicationsXDP\Dp98-47\ PC Staff Report. doe PAGE 11 OF RESOLUTION NO. 99-10