Loading...
HomeMy WebLinkAbout2001-28RESOLUTION NO. 2001-28 APPROVING A DEVELOPMENT PLAN REQUEST DP 2001-16 AND LAND USE PERMIT REQUEST LUP 2001-14 ALLOWING THE DEVELOPMENT OF A 6,791 +/- SQUARE FOOT HOME WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA AND ALLOWING THE DEVELOPMENT OF A 989 +/- SQUARE FOOT SECOND DWELLING UNIT (APN: 202-050, 041, 042 - PURCELL) WHEREAS, Bill and Jill Purcell (OWNERS) and William Wood Architects (APPLICANT) have requested approval of a Development Plan request (DP 2001-16) to allow the construction of a 6,791 +/- square foot home on a site located within a Town-identified Major Ridgeline area; and WHEREAS, a Land Use Permit (LUP 2001-14) is also requested to allow for the development of a 989 +/- square foot second dwelling unit on the site 100+/- acre site; and WHEREAS, an exception to the Town's Scenic Hillside and Major Ridgeline Ordinance is required to allow the home to be built within 100 vertical feet of a Town-identified major ridgeline; and WHEREAS, the subject site is located on a property generally located southeast of the intersection of Diablo Road and MeCauley Road and is further identified as Assessor's Parcel Number 202-050-041,042; and WHEREAS, the Town of Danville Major Ridgeline and Scenic Hillside Ordinance requires the approval of a Development Plan application prior to the construction of a new home within a Major Ridgeline or Scenic Hillside area; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 25, 2001; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as modified through recommended conditions of approval, no significant environmental impacts are expected to be associated with this project; 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 the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all repons, recommendations, and testimony submitted in writing and presented at the heating; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DP 2001-16 and Land Use Permit request LUP 2001-14 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS: 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. The proposed development is in conformance with the goals and policies of the 2010 General Plan. The proposed development is in conformance with the zoning district in which the property is located. Land Use Permit The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the 2010 General Plan. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood. PAGE 2 OF RESOLUTION NO. 2001-28 Exception The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in subsection 32-69.1b. of the Danville Municipal Code. 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. GENERAL D This approval is for a Development Plan request (DP 2001-16) and Land Use Permit request (LUP 2001-14) to allow the construction of a 6,791 +/- square foot home on a site located within a Town-identified Maj or Ridgeline area. The Land Use Permit would allow for the development ora 1,000+/- square foot second dwelling unit on the site. This approval also includes an exception to the Town's major Ridgeline and Scenic Hillside Ordinance allowing the home to be built within 100 vertical feet of a Town-identified major ridgeline. The site consists of two parcels totaling 100 +/- acres located south of Diablo Road and East of McCauley Road, and is also identified as the "Pumell Residence." Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site plans, floor plans, sections, elevations, and landscape plan labeled "Purcell Residence," as prepared by William Wood Architects, consisting of 17 sheets, dated received by the Planning Division on September 20, 2001. The landscape plan was prepared by Borrecco/Killian & Associates, Inc. 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 Park Land In-lieu fee ($4,173.00), Child Care Facilities fees ($335.00), Excavation Mitigation fee Green Valley ($1,540.00), Storm Water Pollution fee ($37.00), SCC Regional Fee ($1,515.00), Residential Transportation Improvement fee (TIP) ($3,400.00), Tri-Valley Transportation fee ($2,822.00), Plan Checking, and Inspection fees. PAGE 3 OF RESOLUTION NO. 2001-28 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 $356.00 (238 notices X $0.75 per notice x 2). 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 as to the construction and occupancy of the addition. 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 significance of the find and to outline appropriate mitigation measures, if they are deemed neeessmy. 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 j ob. 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 PAGE 4 OF RESOLUTION NO. 2001-28 * 10. * 11. 12. weekends and holidays as well as workdays. 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. Planning Division sign-off is required prior to the completion of a Final Building Inspection. The applicant shall require the contractor and subcontractor to park only on the construction site. B. SECOND DWELLING UNIT The property owner shall occupy either the principal or the secondary residential unit. If neither unit is owner-occupied, then the use of the property shall revert to a single-family occupancy. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. Before obtaining a Building Permit for a second dwelling unit, the property owner shall file with the County Recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, and stating that: a. The second dwelling unit shall not be solri separately and may not be subdivided. The second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. The restrictions shall be binding upon any successor in ownership or the property and lack of compliance shall result in proceedings to revoke the Land Use Permit. The Land Use Permit allowing the second dwelling unit shall be in effect only so long as either the primary residence or the second dwelling unit is occupied by the owner of record of the property. PAGE 5 OF RESOLUTION NO. 2001-28 C. 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. Lighting along the driveway shall be low voltage and down directed and shall be activated by motion sensors so as to turn on only when a vehicle enters the gate at Diablo Road and tums off within a short period of time. The final lighting plan shall be submitted and approved by the Design Review Board as part of the final landscape and building plans. 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. Any new wells and water storage tanks shall be approved by the Town Chief of Planning and the necessmy Environmental Health Division permit inspections shall be obtained. A scenic easement shall be established over the portion of APN: 202-050-041 below the 650 foot elevation contour line, as shown on the exhibit presented at the public hearing on this item and on file with the Planning Division. No significant grading, construction of structures, or formal landscaping shall be allowed in these areas. The scenic easement shall not prohibit all agricultural uses allowed under the A-4; Agricultural Preserve District, including the grazing of cattle. Language for the scenic easement and adetalled map shall be submitted for review by the Town and shall be recorded prior to the issuance of a building permit for the project. 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 landscaped areas not covered by shrubs and trees and located outside the scenic easement area shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. PAGE 6 OF RESOLUTION NO. 2001-28 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 applicant shall submit a cash deposit or other security acceptable to the Chief of Planning, in the amount of$10,000, 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 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 security. The scenic easement deed shall confirm the obligation of successive owners of the property to maintain the landscaping in the scenic easement area in a reasonable condition. 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. The landscaping shall be subject to the review and acceptance by Town staffto verify that the installation of all required landscape material has been installed in accordance with the plans. 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. 8. No Town-protected oak trees are authorized to be removed as part of this project. For the aspects of the development within the direct vicinity of Town-protected trees, a security deposit in the amount of the assessed value of the tree(s) (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted with the Town prior to the issuance of a grading permit or building permit to maximize the probability that the affected trees will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of all affected trees. The appraisal shall be done in accordance with the then current addition of the "Guide for Establishing Values of Tree and Other Plants, "by the Council of Tree and Lan&cape Appraisers under the auspices of the International Society of Arboriculture. The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still hem by the Town two full growing seasons aflerproject completion shall be returned upon verification that the trees covered by the deposit are as healthy as can be provided for under the terms of the tree preservation agreement. PAGE 7 OF RESOLUTION NO. 2001-28 In order to maximize the long term health of Town-protected oak trees on the site, the applicant shall comply with all recommended mitigation measures contained in the tree survey prepared for the project by Timothy C. Ghirardelli, dated received by the Planning Division on May 8, 2001. ARCHITECTURE 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. All colors and materials for the project shall be as shown on the color and material board on file with the Planning Division. Final architectural elevations, details and revisions shall be submitted for review and approval by the Design Review Board prior to issuance of building permits for the project. The columns for the entry gate shall be stucco. 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. 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. PAGE 8 OF RESOLUTION NO. 2001-28 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 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 Cqunty 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. G. STREETS * 1. 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. PAGE 9 OF RESOLUTION NO. 2001-28 All mud or dirt carried offthe 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 o£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. Alternatively, the applicant may establish a private water supply system, subject to compliance with all requirements of the Contra Costa Environmental Health Department. 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 Alternatively, the applicant may establish a private sewage disposal system, subject to compliance with all requirements of the Contra Costa Environmental Health Depamnent. The subject parcel shall be annexed into the East Bay Municipal Utility District and the Contra Costa County Central Sanitary District prior to the issuance of building permits for the project. 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 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. PAGE 10 OF RESOLUTION NO. 2001-28 Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. * 9. 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. * 10. All new utilities required to serve the development shall be installed underground. * 11. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. I. 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 sitei 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 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. PAGE 11 OF RESOLUTION NO. 2001-28 APPROVED by the Danville Planning Commission at a regular meeting on September 25, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Jameson, Legg, Moran, Osborn, Storer APPROVED AS TO FORM: City Attorney / ~h]~f Planning PAGE 12 OF RESOLUTION NO. 2001-28