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HomeMy WebLinkAbout2002-16RESOLUTION NO. 2002-16 APPROVING DEVELOPMENT PLAN REQUEST DP 2002-09 ALLOWING THE CONSTRUCTION OF A 4,950 +/- SQUARE FOOT SINGLE FAMILY HOME LOCATD WITHIN A TOWN-IDENTIFIED SCENIC mLLSIDE AREA (APN: 206-020-084 - BALIGA) WHEREAS, Ravi and Asha Baliga (Owners) and William Wood Architects (Applicant) have requested approval of a Development Plan application (DP 2002-09) to allow the construction of a 4,950 +/- square foot home on a 2.5 +/- acre site; and WHEREAS, the subject site is located at 33 Hidden Hills Place and is further identified as Assessor's Parcel Number 206-020-084; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance requires approval of a Development Plan application prior to construction of a single family home; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 27, 2002; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 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 2002-09 per the conditions contained herein, and makes the following findings in support of this action: 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. 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 2002-09) allowing the construction of a 4,950 +/- square foot single family home on a 2.5 +/- acre parcel. Except as may be modified by conditions contained herein, development shall be substantially as shown on the plans labeled "Baliga Residence," as prepared by William Wood Architects, consisting of 11 sheets, dated received by the Planning Division on June 6, 2002. 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 and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee ($2,000.00), Child Care Facilities fees ($335.00), Storm Water Pollution Program fee ($39.00), SCC regional fee ($891.00), SCC Sub-Regional Fee ($2,419.00), Tri-Valley Transportation fee ($1,711.00), Flood Control & Water Conservation District fees, and Plan Checking and Inspection Fees. Prior to the issuance of a building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $37.50 (25 notices X $0.75 per notice X two 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 SRVFPD's initial comments on this project are summarized in part in their memorandum-dated May 3 l, 2002. 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, PAGE 2 OF RESOLUTION NO. 2002-16 10. 11. 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. 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 workdays. Dust- producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of the home. The structure shall not 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. As part of the initial submittal for the building permit review process, the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each PAGE 3 OF RESOLUTION NO. 2002-16 condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the report. The report is subject to review and approval by the City Engineer and/or Chief of Planning and/or Chief Building Official, and may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. 12. Planning Division sign-off is required prior to final building inspection sign-off by the Building Division. SITE PLANNING Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light on-site and to screen the light source from off-site views. Light fixtures shall be kept low to the ground. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. 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. Development standards and land uses shall be as established under the Town's R- 100; Single Family Residential District. 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. Automatic ch-ip irrigation for the screen trees required to be planted as part of this project shall be required until the trees are established, with a minimum of two years. The trees shall be maintained in a healthy growing condition on the site. PAGE 4 OF RESOLUTION NO. 2002-16 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. The applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount of five (5) thousand dollars. After two full growing seasons, the Planning Division shall inspect the health of the trees that were required to be planted. Prior to the Town's release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. Where replacement trees are required to be planted, the two-year security period shall be repeated. However, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees. Prior to the issuance of permits to !nitiate the approved development, the applicant shall be required to record a declaration to run with the title of the property to notify subsequent property owners of the obligation to maintain the required trees on the site in a healthy condition. All fencing shall be open wire fencing. Fence posts shall be natural wood color, or painted a dark color. 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. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board prior to the issuance of building permits for the project. 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. Six full sized sets of construction drawings for the project shall be submitted to the Planning Division for design review concun'ent or prior to, the applicant initiating the Building Division plan check process. Color mock-ups shall be made available at the project site prior to scheduling the project for final Design Review Board review and approval. PAGE 5 OF RESOLUTION NO. 2002-16 Any change to the approved colors and materials shall require approval of a revised Scenic Hillside or Major Ridgeline Development Plan application. A deed notification shall be required to be recorded to mn with the title of the property which notifies future property owners of the color and materials restrictions. Approved colors are as follows: House and Window Trim Devoe Paint "Corral Fence" 2w16-5; Columns & Balustrade "Napa Valley Cast Stone" 45C Traditional; Stucco & Chimney Cap & Retaining wall La Habra Devoe Paint "Earthstone' 2w16-4. The tile roof shall be "Carbon Blend" B217. The final building elevation shall be modified by eliminating the precast concrete balustrade and columns along the first floor balcony on the left elevation as shown on the elevation drawing labeled "Baliga Residence," on file with the planning Division. 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 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 PAGE 6 OF RESOLUTION NO. 2002-16 10. 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). 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 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 runofi; construction pollution and other potential construction contamination shall be addressed through the Erosion control Plan (ECP) and Storm Water Pollution prevention Plan (SWPPP). The SWPPP shall supplement the Erosion Control Plan and project improvement plans. These documents shall also be kept on-site while the project is under construction. A NPDES construction permit may be required, as determined by the City Engineer. PAGE 7 OF RESOLUTION NO. 2002-16 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. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carded 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. All improvements within the public right-of-way, including curb, gutter, sidewalks, 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. Handicapped ramps shall be provided and located as required by the City Engineer. The property shall share in the maintenance responsibilities for Hidden Hills Place in an equitable manner. A satisfactory private road and private storm drain maintenance agreement, documenting the subject parcel's participation, shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of District. PAGE 8 OF RESOLUTION NO. 2002-16 Alt wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. All concentrated storm water run-off from this site shall be collected and conveyed by underground pipe to existing facilities along Hidden Hills Place. Storm water run-off collect on the private driveway may be conveyed to Hidden Hills Place along the driveway through the inclusion of a concrete curb. The applicant shall be required to complete a hydraulic study and make any necessary improvements to downstream drainage facilities, as found necessary by the City 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. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g. receipts or records) indicating that waste materials created from the demolition of PAGE 9 OF RESOLUTION NO. 2002-16 * 3. existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. 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 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 June 27, 2002, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Combs, Condie, Jameson, Legg, Moran, Storer, Graham Osborn APPROVED AS TO FORM: '~Chairman ~ City Attorney PAGE 10 OF RESOLUTION NO. 2002-16