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HomeMy WebLinkAbout2001-13RESOLUTION NO. 2001-13 APPROVING DEVELOPMENT PLAN REQUEST DP 2000-41 TO ALLOW THE CONSTRUCTION OF A 5,392+/- SQUARE FOOT RESIDENCE WITH AN ATTACHED 1,324 +/- SQUARE FOOT GARAGE AND TREE REMOVAL REQUEST (TR-2001-01) TO ALLOW THE REMOVAL OF ONE 11.6+/- INCH IN DIAMETER TOWN PROTECTED OAK TREE. (APN: 197-161-076 --- KARMONT) WHEREAS, Karmont Development has requested approval of a Development Plan request (DP 2000-41) to allow the construction of a 5,392 +/- square foot home with a 1,324 +/- square foot attached garage on a 1.80 +/- acre parcel; and WHEREAS, Karmont has requested approval of Tree Removal request (TR 2001-01) to remove an 11.6 +/- diameter Town protected Valley Oak tree; and WHEREAS, the subject site is located at 235 Piedmont Lane and is further identified as Assessor's Parcel Number 197-161-076; and WHEREAS, the Conditions of Approval for previously approved Major Subdivision SD 8099 require that the lots created by that subdivision be subject to approval of a Development Plan application consistent with the Town's Scenic Hillside and Major Ridgeline Ordinance 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 April 10, 2001; 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 Development Plan request DP 2000-41 per the conditions contained herein, and makes the following findings in support of this action: Development 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 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. 2. The proposed project is consistent with the Danville 2010 General Plan. The proposed development is in conformance with the zoning district in which the property is located. Tree Removal The removal of one Valley Oak tree will not adversely affect soil erosion, or divert or increase the flow of surface waters. Due to the number, size, species, and location of protected trees in the area, the removal of this tree removal will not have a significant adverse effect upon shade, privacy, orthe enjoyment of the property because a generous amount of existing mature trees exist on site. 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 2000-41) to allow the construction ora 5,392 +/- square foot two-story single family home and a 1,324 +/- square foot attached garage on a parcel subject to review under the Town's Scenic Hillside/Major Ridgeline ordinance. In addition, this approval is for a tree removal request (TR-2001-01) to allow the removal of one 11.6 inch +/-in diameter of a Town protected Valley Oak tree. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; PAGE 2 OF RESOLUTION NO. 2001-13 Preliminary Development Plan, Site Plan Elevations, Architectural Plans, and Floor Plans consisting of 8 sheets, as prepared by Steven Kubitschek Residential Design, dated received by the Planning Division on April 5,2001. Preliminary Landscape Plan, consisting of 1 sheet, as prepared by Oak Creek Design Associates, entitled Landscape Plan for the Mazzanti Estate Lot 4 Piedmont Lane, Danville, CA, and dated received by the Planning Division December 18, 2000. The applicant shall pay 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), Tri Valley Transportation Development (TVTD), South Contra Costa Regional Transportation, 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 $283.50 (189 notices X $0.75 per notice X 2 notices). 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. PAGE 3 OF RESOLUTION NO. 2001-13 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. * 8. 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. * 9. All physical improvements shall be in place prior to occupancy of the home. B. SITE PLANNING A deed restriction shall be recorded with the title of this lot stating "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". Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. An arborist report, prepared by a licensed arborist, identifying tree protection measures shall be submitted to the Town prior to the issuance ora grading permit. The report shall be based on the final grading and building permit plans and shall address all trees in the vicinity of the development. Any mitigation measures identified in the Arborist report shall be completed prior to the issuance of a grading permit, or occupancy of the home, as determined by the Planning Division. The Arborist shall be on-site during grading or trenching around Oaks numbered 805 and 806 as identified in the Preliminary Tree Survey. The applicant shall notify the Town 24 hours prior to grading near Oaks 805 and 806. The applicant shall submit a tree security deposit to the Town as required by the Town's Tree Protection Ordinance in place at the time a grading permit or building permit is issued. PAGE 4 OF RESOLUTION NO. 2001-13 C. LANDSCAPING * 1. 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. 2. All shrubs (except groundcover) shall be a minimum of 5-gallon container size. Ail existing trees on the site shall be preserved and include tree preservation measures during construction. Removal will be allowed only upon prior written approval from the Planning Division. The applicant shall replace the Valley Oak tree, identified as number 801 on the Preliminary Tree Survey, with a number equal to the cumulative diameter of tree 801(11.6 inches in diameter), including at least one 24-inch box Valley Oak tree. This tree mitigation may be utilized on another lot of Subdivision 8099, as found appropriate by the Planning Division. The applicant shall install an earthen berm on the south side of Piedmont Lane, at the corner along the frontage of Lot 4, prior to the issuance of a building permit. The Berm shall be sufficient to screen headlights on the street from homes below. D. ARCHITECTURE The colors and materials approved for the project are as follows: La Habra"Clay" with Old World Finish X-830" Stucco for the body, Kelly Moore "KM413" "Loam" for the trim, eaves, and garage doors, lA inch round copper for the gutters, and "Old World Blend" Clay US Tile for the roof material. The material board for this project will be on file in the Planning Division. Any changes to the project materials shall be subject to review and approval by the Design Review Board. * 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. 3. The fireplace on the north end of the home shall be gas direct vent. E. GRADiNG * 1. Any grading on adjacent properties will require prior written approval of those property owners affected. PAGE 5 OF RESOLUTION NO. 2001-13 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 ail 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. 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. PAGE 6 OF RESOLUTION NO. 2001-13 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. The applicant shall repair the driveway located at 44 Stone Creek Place (APN 196-010-016) within 30 days of obtaining the foundation permit. No Town inspections will be conducted after 30 days of obtaining the foundation permit unless the driveway repair has been completed. 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. PAGE 7 OF RESOLUTION NO. 2001-13 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. 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 proj eot 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. 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. 8. 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. Minor modifications in the design, but not the use, may be approved by staf£ 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. 2001-13 ~-' 3. All Conditions established under previously approved Subdivision 8099 shall continue to be valid and applicable, in addition to these conditions. APPROVED by the Danville Planning Commission at a Regular Meeting on April 10, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Jameson, Legg, Moran, Osborn Graham, Storer APPROVED AS TO FORM: City Attorney f: Iplanninglapplications[DP~Dp 2000-41 [Resolution2000-41. doc PAGE 9 OF RESOLUTION NO. 2001-13