Loading...
HomeMy WebLinkAbout2000-32RESOLUTION NO. 2000-32 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 99-03 AND VARIANCE REQUEST VAR 2000-21 ALLOWING AN EXCEPTION TO THE SCENIC HILLSIDE AND MAJOR RIDGELINE ORDINANCE TO ALLOW THE CONSTRUCTION OF A 6,200+/- SQUARE FOOT HOME AND 900 +/- SQUARE FOOT BARN ON A SITE LOCATED WITHIN 100 FEET OF A TOWN-IDENTIFIED MAJOR RIDGELINE (APN: 197-130-017 --- NOORI) WHEREAS, Bahman and Elahi Noori have requested approval of a Development Plan (DP 99- 03) to allow the construction of a 6,200 +/- square foot single family home and 900 +/- square foot barn on a 2.53 +/- acre site: and WHEREAS, a Variance (VAR 2000-21) is requested to allow the construction of a 900 +/- square foot barn to encroach 20 feet into the minimum required 50-foot rear yard setback; and WHEREAS, an Exception to the Scenic Hillside and Major Ridgeline Ordinance is requested to allow the construction of a 6,200 +/- square foot single family home and 900 +/- square foot barn on a 2.53 +/- acre site located within 100 feet of a Town-identified Major Ridgeline; and WHEREAS, the subject site is located at 489 E1 Alamo and is further identified as Assessor's Parcel Number 197-130-017; and WHEREAS, the Town of Danville's Major Ridgeline and Scenic Hillside Ordinance requires approval of a Development Plm~ application prior to development of the site; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval of an Exception to the Ordinance to allow development within 100 feet of a Maj or Ridgeline; and WHEREAS, the Town's Single Family Residential District Ordinance requires approval of a Variance to allow development of a barn to encroach 20 feet into the required 50 foot rear yard setback: and WHEREAS, a Mitigated Negative Declaration of environmental significance has been prepared indicating that, as mitigated through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; and ~-000~ 'ON[ NUOI&FIqUOSaUH 30 ~ ~DVd 'l 'ooueu}pAO ou!logp!a -~o[glN pug ap!sll!H luotudoloAop oq] leql qans a~g amDal!qo~g ptre ~u}d~asptreI '~u}pea~' '~'u}l!s posodo~d oq& 'oaueu!p.IO ap!sll!H 3!uaaS pug au!pgp!-d Ao!~IAI s ,u~o& aql ql?x luols}suoa oq plnog sluatuasga a!uaas Jo uo}ma!poCl 'polgao[ s! Xlaodo.~d oql qo!qg u[ D!-~ls!p gu~uoz aql ql!~x aountuAojuoa u! s! ~uatudoloAop posodo~d 'ugld IgAauaD 010g aql jo so!a!lod pug slgog aql q1!~x aaugtuaojuoa u} s[ luatudopAap pasodoad aq& 'I ugld luomdoloAo0 :uo!Dg s!ql jo 1Aoddns u! slSu!pu~ ~'u!~xolloJ aql sa-'lgm pug 'u!a.~aq pau}muoa suo$l!puoa oql aod [Z;-000U HVA lsanbaA aaug!A~A pug/0-66 dO lsanbo~ ~Id luau~d°I°A°O soAoaddg pug oa~og}~s Nluauluo.qAuo jo uo~lg~gi3oO aA~lg~aN 1! aq 'ajojaaaq, '~xou ~guVgaq aql s;g paluasa~d pug gugH,,~ u! pall!tuqns Xuotu!lsal pug 'suo!lgpuatutuoaa~ 'slaoda~ 1i$ .~ap}suoa pug .leoq p}p uo}ss!tutuoD ~i'u!umgld aql 'SV3H3HaA pug !lsonboa oq] OAOAddg uo!ss!tutuOD gu!uugld oq, ~eq] gu!puamtuoaaa pml!mqns se~x laodo: ~g3,s e 'SVaIIIStHA~, pug ~xgI ,% paa!nba~ sg sDadsa2 11g u~ UOAIg se~ uo!Dg s!ql.~o om,ou a[lqnd aql 'SV3H3HA4, Z~-OOOZ 'OM MOI£FIqOS2H 30 g 39Vd !u!glgq pgu!~luOa suo!$4puoa Xq pag!potu gq Xstu sg ldgaxo 's~olloJ se s~u~gg~p lag[old gql UO UgoqS Sg Xllg~lugisqns oq [lgqs 3uomdoloaoO '~ogqDs p2gX 1go~ pug op}s looJ 0g po.qnba~ oql u~ql}g looJ 0U u~gq looj a.mnbs -/+ 006 pasodo.~d oql olgaoI ol s~ lsonb~a ~ouepeA oq& 'ou~i~p}~ JoVeN po~luop~-u~o& g jo Doj 001 u~ql~ o~oq XUmgJ olgu}s DoJ a~gnbs -/+ 00Z'9 eJo uo~Dnalsuoa oql ~olg o1 (Ig'000g aVA) lsanbo.~ oaugVmA pug (g0-66 dO) lsonbaa ~ld luomdoloaoO e ~oj s~ leAoaddg s}q& 'I qVH~NHD 'V 'pg!JDods as!~aq3o ssolun UO[S}A}C1 gu!uugld aql Xq lgAoJddg pug ~XO$AOa O13,aa[qns S} tual} qag3 'Do [oJd aql JoJ l!ttuad gu!pl}nq njo aouunss! aql ol o~o!~d ql}.~A po!idtuoa aq llgqs suo}l}puoo gu.go loJ aql 'pa~!aads as~x.~oqD ssalufl 'lgAo.lddg jo suo!l!puoo Da~'o~d pagpums o~$ utunloa punq-l?I aql u} (,,,,,) ~[spalsu us ql!~x igAo.~ddg Jo suoB!puoD q[VAOHddV 30 SNIOI&IllNZ03 'g 'joop lxau pa~e3oI tueq oql "a '! seas oq, u} saoqlo q34~x lua,s!suoo s! u~aq oqUo uo!leooI oqi 'sluomaa!nboa uo 2aqg!q palgaoI a~og 'q 'E prepared by William Wood Architects, dated received by the Planning Division on September 14, 2000. Preliminary Landscape/Lighting Plan, consisting of 2 sheets, as prepared by Corbin M.E. Schneider, dated received by the Planning Divismn on September 14, 2000. 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 $77.25 (103 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 Rmnon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respecnve agencies. The applicant shall made payable to the Contra Costa County Clerk, which is required to file a Notice submit to the Town of Danville a fee in the amount of $25.00, 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 Califomia 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 s~gnificance of the find and to outline appropriate m~tigation 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. /--, PAGE 4 OF RESOLUTION NO. 2000-32 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3'x 3' sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 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. 10. 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 the home. No structure shall be occupied until construction activity in the adjoimng 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. 12. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 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. PAGE 5 OF RESOLUTION NO. 2000-32 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. A scenic easement shall be established over all portions of the parcel not proposed for development. The final location of the easement shall be subject to review and approval by the Planning Division prior to the issuance of building permits. A deed notification regarding the scenic easement and associated restrictions shall be recorded to run with the deed to this parcel. No construction of structures, grading, or formal landscaping will be allowed within the scenic easement. 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. All lm~dscaped 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 ~vithin two years. , Fencing on the parcel shall be limited to open wire 3~nces with natural wood colored posts unless otherwise approved by the Planning Division. Betruing, consisting of shrubbery and an 18" seating wall, shah be placed W the west of the house to provide screening. Plans shall be modified as necessary to keep all grading and development out of the dripline of the oak trees subject to the review and approval of the Planning Division. The landscaping shall be installed prior to issuance of a certificate of occupancy for the home. Alternatively, ifthe property o~vner 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 PAGE 6 OF RESOLUTION NO. 2000-32 owner shall submit to the Town a security, acceptable to the Planning Division, which is equal to 125% of the estimated value of the installation of the landscape improvements to guarantee installation. If site construction activity occurs in direct vicinity of the on,s'ite and off-site protected trees, a security deposit shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The seculqty deposit shall not exceed the valae of the tree, tip to $25,000, as deemed appropriate by staff.' The security deposit shall be returned upon verificatton q[' the health of the trees following two fidl growing seasons after project completion. A neutral thirdparty arborist shall be selected and hired by the Town of DanWlle, at the expense of the applicant, to prepare a tree preservation plan for all three Valley Oaks located on the property. This plan shall incorporate all recommendations contained within the third party arborist report, shall be completed to assure the prolonged health of each of the trees, and submitted to the Planning Division prior to the issuance of building permits. In addition, prior to issuance of a building permit~r the construction of the home, the project arborist shall submit a letter to the Planning Division veriJSm~g that the arborist has' inspected and approved any necessary trimming work and the location of required J~ncing around the trees. Prior to development of the site, the project arborist shall mark lhe location of the fence which shall be installed to ensure that no development occurs within the driphne of the Octk trees'. During construction, the Planning Division shall be notifted of the date and time of any hand trenching work necessary wilhin tile dripline of a~v of the oak trees and the Planning Division shall veri.~ compliance with the hand trenching requirement. After substantial completion q[' the home, but prior to issuance of a certificate cf occupancy for the home, the project arborist shall reassess the condition of the oak trees and make additional recommendations regarding maximizing the health of the trees. Ferification of the completion of any necessary additional mitigation measures shall be submitted to the Planning Division prior to the occupancy of the home. After completion of the proposed landscape improvements, the project arborist shall complete a fthal assessment regarding the condition of the oak trees, and compliance with all recommended post-construction mitigation measures via a letter to the Planning Division verij2ing that all required final mitigation measures have been completed PAGE 7 OF RESOLUTION NO. 2000-32 ARCHITECTURE All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be efl~ctively screened from view with landscaping or materials architecturally compatible with the main structures. The following colors and materials are approved for this project: La Habra X-580 Sierra Tan stucco for the body, Sherwin Williams SW-2126-Tricorn Black for the railing, Lifetile Classic Mission Tile for the roof material, clear stain to match windows for the window sills, Davis Harvest Gold paving for the patios and walks, Davis Spanish Gold for the colored concrete driveway, Davis San Diego Buff for the driveway banding concrete, and Arizona Flagstone for the flagstone path. The 18" high seating walls and arbor columns will match the stucco color of the house. The material boards 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 Planning Division. 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 maximum height of the house shall be limited to 24Jbet, as calculatedd~om the average ef the high and bw finished grade, Final architectural elevations, details and revisions shall be submitted for review and approval by the Planning Division prior to issuance of building permits for the project. Any modifications made necessary to the building footprint as per the arborist report shall be subject to further review and approval by the Town of Danville Design Review Board. 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 ~vill commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person PAGE 8 OF RESOLUTION NO. 2000-32 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. 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 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. All cut and fill areas shall be appropriately designed to minimize the effects 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. PAGE 9 OF RESOLUTION NO. 2000-32 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. 10. No grading within the dripline of any of the Valley Oak trees will be permitted. 11. Development shall be completed in compliance with the 1996 geotechnical report prepared by Subsurface Consultants and reviewed for applicability for this project by Cundey Geotechnical Consultants in March, 1999. The engineering recommendations outlined in the project specific soils and geotechnical report shall be incorporated into the design of this project. All work shall be performed to the satisfaction of the Town of Danville City Engineer. Per the geotechnical report recommendations, the small landslide located on the noahwest part of the property shall be mitigated prior to issuance of building permits for the barn. 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. 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 slun-y seal, overlay or street reconstruction if deemed warranted by the City Engineer The applicant shall participate in the existing private road maintenance agreement Written evidence of this participation shall be submitted for review and approval by the Planning Division prior to the issuance of a building permit. PAGE 10 OF RESOLUTION NO. 2000-32 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 existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordm~ce 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). All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted into an underground pipe to the existing storm drain system in E1 Alamo. If feasible, the system shall tie into the existing system for the Lowe residence located on the property directly to the north. 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. Prior to occupancy, the drainage system tbr the barn shall be in place, which includes a pump system to remove drainage to the primary drainage system for the project, draining to an existing facility on E1 Alamo. An emergency overflow dispersion system shall be installed to disperse stormwater. All work must be completed to the satisfaction of the City Engineer. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility in the street curb. If a storm drain must cross a lot, or be in an easement bet~veen 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 m~d 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 PAGE 11 OF RESOLUTION NO. 2000-32 ~£-O00Z 'ON NOIJZI'IOS~H ~[0 ~;I 30Vd · ssoao~d A~OtAOa ugld luotudoloAoG[ aql qgno~ql lgAo~dde uo!ss!tutuoD gu!utreld m~nba~ li!g a~treqa .~oqlo XZuV 'J, P31S Xq poAoAdde oq XZgtu 'osn oql Du mq 'ug!sop oql u! suo!lga~J!potu ~ou}N 'poAoAdde se poDmlsuoa oq l[gqs Do .fo~d aq~L '[ S510~NVTIHDSIN '.looutgua i!A!o pasuaa!l g lq polgdojd oq llgqs sugld luotuoAo.ldtu! ~i'u!pEjg .1o oggu!t3jp 'Dojls IIV '0[ · punoj~japun pollglsu} oq llgqs luotudoloAop oql oaaas ol po~!nbaj so!l!l!ln gou IIV '6 · sDo~ls o!lqnd u} .to 'sp.mpums/uedtuoa ,h!l!m laotu ol pal!s 'sluotuasga Xl!l!m oHqnd u}qlF'a pop!Ao.~d pug pamao1 aq APPROVED by the Danville Planning Commission at a regular meeting on October 10, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Jameson, Moran, Osborn Hunt, Rapp Chairman APPROVED AS TO FORM: City Attorney ~) Chief of P~ f:\plam~ing\apptications\dp~DP99~03kPC Staff'Report,doe PAGE 13 OF RESOLUTION NO. 2000-32