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HomeMy WebLinkAbout2001-15RESOLUTION NO. 2001-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 2000-26 ALLOWING AN EXCEPTION TO THE SCENIC HILLSIDE AND MAJOR RIDGELINE ORDINANCE ALLOWING THE CONSTRUCTION OF A 5,712 +/- SQUARE FOOT SINGLE FAMILY RESIDENCE AND ATTACHED 1,423 SQUARE FOOT GARAGE (APN: 202-220-010 -- HINCE) WHEREAS, Phil and Tracy Hince have requested approval of a Development Plan (DP 2000-26) to allow the construction of a 5,712 +/- square-foot single family residence with an attached 1,423 +/- square foot garage on a parcel located in a Town-identified Major Ridgeline area; and WHEREAS, the subject site is located at 250 Santiago Lane and is further identified as Assessor's Parcel Number 202-220-010; and WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval ora Development Plan 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 Major Ridgeline; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that as mitigated through recommended conditions of approval, 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 April 24, 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 2000-26 per the conditions contained herein, and makes the following findings in support of this action: Development Plan The proposed development is in conformance with the goals and policies of the 2010 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 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 conformance with the zoning district in which the property is located. Dedication of scenic easements would be consistent with the Town's Major Ridgeline and Scenic Hillside Ordinance. Since the parcel in which the development is proposed is located entirely within a Major Ridgeline, without approval of this development plan, no structure could be built. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column 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 othe~vise 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 2000-26) to allow the construction of a 5,712 +/- square-foot single-family residence with an attached 1,423 +/- square foot garage on a parcel located in a Town-identified Major Ridgeline Area. The applicant shall reduce the overall size of the home PAGE 2 OF RESOLUTION NO. 2001-15 * 4. * 5. and garage as referenced in condition D.7. The site is located at 250 Santiago Lane. Development shall be substantially as shown on the project draw!ngs as follows, except as may be modified by conditions contained herein; Cover Sheet, Notes and Details, Grading and Drainage Plan, Site Plan, First Floor Plan Second Floor Plan, Roof Framing Plan, Building Section A and B, Front, left, Right and Rear Elevations, Conceptual Landscape Plan, and Conceptual Plant List consisting of 11 sheets, as prepared by William Wood Amhitect, dated received by the Planning Division on March 27, 2001. Conceptual Landscape Plan, consisting of 1 sheet, as prepared by Borrecco/Kilian & Associates, Inc., dated received by the Planning Division on March 27, 2001. Site Specific Preliminary Geothechnical Investigation Report, as prepared by Gray Underdahl, dated September 4, 1999. Update of Geotechnical Investigation, as prepared by Gary Underdahl, dated June 20, 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 Development Fee, the SCC Regional, Park Land In- 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 public hearing. The fee shall be $157.50 (70 notices X $0.75 per notice X 3 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 In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work PAGE 3 OF RESOLUTION NO. 2001-15 * 6. * 7. * 8. * 9. * 10. 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. (Monday through Friday), 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. 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. All physical improvements shall be in place prior to occupancy of the home. No structure shall be occupied until construction activity in the adjoining 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. PAGE 4 OF RESOLUTION NO. 2001-15 * 11. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 12 13. 14. 15. The applicant shall require the contractor and subcontractors to park only on the construction site. All construction, earth moving, concrete, earth hauling vehicles shall be cleaned on the construction site. All vehicles used to deliver heavy equipment to the job site must leave immediately after delivery and shall not park on Santiago Lane. * 4. All buildihg materials shall be delivered directly to the job site and shall not be allow to be staged on Santiago Lane. 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 deed restriction shall be recorded with the title of the subject property to read: "Any change in the landscaping, colors, or material or outdoor lighting of this home shall be subject to the review and approval of the Town's Design Review Board." A scenic easement shall be established over the portions of the parcel below the 550-foot elevation contour interval. No new construction of structures, grading, or formal landscaping will be allowed within the scenic easement. 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. All mitigation measures identified in the Arborist report shall be completed prior to the issuance of a grading permit, and once again prior to occupancy of the home as specified in the arborist report. The applicant shall be required to redesign the circular driveway to comply with the revised fire district turnaround as depicted in the staff study. (see Exhibit G) PAGE 5 OF RESOLUTION NO. 2001-15 The revised fire district turn-around will require retaining walls on the north and south side of the driveway. The retaining wall on the northern side shall be tiered with two walls, and shall provide a landscaping buffer between the two walls. Neither wall shall exceed 3feet in height. The retaining wall on the southern side of the driveway shall not exceed 6feet in height. 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. The final landscape plan shall be subject to review and approval by the Planning Commission. All trees shall be a mixture of 24 inch box and 15 gallon, with 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 landscaping shall be watered with an underground automatically controlled irrigation system. Low volume MPR nozzles and drip shall be used where appropriate for water conservation. The landscaping shall be installed prior to finalizing the building permit. The native trees shall be staggered along the hillside for a natural appearance. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. All landscaping shall be watered with an underground automatically contTolled irrigation system. Low volume MPR nozzles and drip shall be used where appropriate for water conservation. The applicant shall submit a cash deposit or other security acceptable to the Chief of Planning, to the Town in the amount of $25,000 to be held for two full growing seasons to ensure the continued health of the trees required to be planted as' part of the project as visual mitigation. After two years, the Town PAGE 6 OF RESOLUTION NO. 2001-15 10. 11. 12. shall inspect the landscaping. Any trees that have died during the initial two years shall be replanted prior to the Town's release of the cash deposit. The project landscape architect shall be required to be onsite during the landscape installation to verify proper installation prior to finalization of the building permit. Planning staff shall verify the installation of all required landscape material. The applicant shall be required to maintain the existing trees, on the northern portion of the property below the existing concrete V-ditch, in a healthy growing condition. A deed restriction shall be recorded with the title of the subject property to read: "All future property owners shall be required to maintain all existing trees in a healthy growing condition" ARCHITECTURE The following colors and materials are approved for this project: La Habra Stucco "Pacific Sand" X-97 for the body, Behr "Rushmore' C40-30 for the accent, "American Blend" Brushed Shake Auburn Tile for the Roof material and "Silverado Weather Edge Ledgestone" by Culture Stone. The street number for the home shall be posted so as to be easily seen from the street at all times, day and night. 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. Any future changes to the exterior colors or materials shall be subject to DRB approval. The maximum height of the addition shall be limited to 28 feet, as calculated from the average of the high and low finished grade. The applicant shall return to DRB for final review and approval of architecture, color, materials, landscaping and lighting prior to finalization of building permits. PAGE 7 OF RESOLUTION NO. 2001-15 The size of the garage and/or home shall be reduced by a minimum of 300 square feet. The majority of the 300 square feet shall be eliminated from the garage. The final plan shall be reviewed and approved by the Planning Commission. 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 and geotechnical report prepared by a licensed geotechnical engineer and the construction grading plans prepared for this specific project. 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 shall identify any underground water and surface flows existing on this parcel, and determine mitigation measures to alleviate the potential impact the water wouM have on the development of the single-family home. If mitigation measures are identified which wouM prohibit 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 under a new Major Ridge#ne development plan application. The results of the hydraulic study and the design of the drainage facility shall be subject to review and approval by the Planning Commission prior to issuance of building permits. PAGE 8 OF RESOLUTION NO. 2001-15 * 5. * 8. * 9. * 10. * ll. * 12. 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 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 appropriated 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. 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. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 9 OF RESOLUTION NO. 2001-15 13. This approval is based on the conclusions of the preliminary soils and geologic report prepared for this project and reviewed by the Town and referenced above under Condition of Approval A. 1.c. The final geotechnieal report shall identify any landslides which cross adjacent properties which may be aggravated by the proposed development. The applicant shall be required repair any such slides. Any necessary slide repair shall be repaired and regarded in a manner that results in the natural appearance of the hillside. The findings of the geotechnical and soils report is subject to independent third- party review, as deemed necessary 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. 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. 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 he 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). 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 PAGE 10 OF RESOLUTION NO. 2001-15 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, prior to the issuance of a building permit. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility. 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. 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. 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 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. 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 PAGE 11 OF RESOLUTION NO. 2001-15 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. APPROVED by the Danville Planning Commission at a Regular Meeting on April 24, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Combs, Graham, Legg, Moran, Storer, Osborn Jameson APPROVED AS TO FORM: City Attorney c~.~'-~,.~ f:\planning\applications\DP\Dp2000-26\ PC Staff Report.doc PAGE 12 OF RESOLUTION NO. 2001-15