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HomeMy WebLinkAbout2003-19 EXHIBIT A RESOLUTION NO. 2003-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A DEVELOPMENT PLAN REQUEST TO ALLOW THE CONSTRUCTION OF THREE FIRST FLOOR ADDITIONS TOTALING 649 +/- SQUARE FEET AND A SECOND FLOOR 315 +/- SQUARE FOOT ADDITION TO AN EXISTING SINGLE-FAMILY HOME LOCATED IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA AND A VARIANCE REQUEST TO ALLOW TWO OF THE GROUND FLOOR ADDITIONS TO ENCROACH 7 +/- FEET AND 4 +/- FEET INTOTHE REAR YARD SETBACK RESPECTIVELY AND TO ALLOW THE SECOND FLOOR ADDITION TO EXTEND APPROXIMATELY 2 1/2 FEET INTO THE REAR YARD SETBACK (APN: 197-130-024 -OBATA) WHEREAS, Stan Nielson, representing Ken Obata and Kitling Sit, has requested approval of a Development Plan application (DP 2003-06) and Variance application (VAR 2003-35) to allow the construction of four additions totaling 964+/- square feet to an existing single- family home located on a 2.14+/- acre site; and WHEREAS, the subject site is located at 437 El Alamo and is further identified as Assessor's Parcel Number 197-130-024; and WHEREAS, the subject site is located within a Town-identified Major Ridgeline are and requires approval of a Major Ridgeline Development Plan application prior to construction of the project; and WHEREAS, two of the ground floor additions are proposed to encroach 7 +/- feet and 4 +/- feet in to the rear yard setback respectively and to allow the second floor addition to extend approximately 21/2 feet into the rear yard setback; and WHEREAS, the Town of Danville R-100; Single Family Residential District Ordinance requires approval of a Variance application prior to the construction of additions within the setbacks; and WHEREAS, the Plmming Commission did review the project at a noticed public hearing on September 9, 2003; and WHEREAS, the project has been found to be Categorically Exempt from 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 2003-06 and variance request VAR 2003-35 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: The proposed project is consistent with the Town of Danville's 2010 General Plan. 2. The proposed siting and architecture of the new additions will not conflict with the intent and purposes of the Scenic Hillside/major Ridgeline Ordinance 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. Variance: Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: The nook addition cannot be located on the west side due to the existing oak tree. The second story addition is flush with the existing house, which is already located within the setback. The new mechanical room cannot be placed on the east side of the existing home, as it would be located too close to a steep downward slope, and would not leave enough space around the house on that side to walk safely. The proposed garden and family rooms are enclosures of an already existing porch structure. Ail proposed additions blend in with the architecture of the existing house. PAGE 2 OF RESOLUTION NO. 2003-19 The neighboring parcels to the south are downslope from the residence, reducing visibility of the existing home and proposed additions. Existing mature trees and other heavy landscaping, add provide significant screening as well. 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 * 2. This approval is for a Development Plan request (DP 2003-06) and Variance request (VAR 2003-35) to allow the construction of four additions totaling 964 +/- square feet. The variance request is to allow two of the ground floor additions to encroach 7 +/- feet and 4 +/- feet into the rear yard setback respectively and to allow the second floor addition to extend approximately 21/2 feet into the rear yard setback~ Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary Development Plan, Site Plan, Floor Plans, Elevations, Sections and Landscape Plans consisting of 7 sheets, as prepared by Nielson Architects and dated August 25, 2003. 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), Park Land In-lieu and Child Care Facilities fees, Flood Control & Water Conservation District fees, and Plan Checking and Inspection Fees, Benefit Districts and Density Increase fees. PAGE 3 OF RESOLUTION NO. 2003-19 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 $25.50 (34 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 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 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. (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 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 PAGE 4 OF RESOLUTION NO. 2003-19 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. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 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. LANDSCAPING The applicant shall prepare a final landscape plan showing all existing and proposed trees and shrubs subject to review and approval by the Planning Division prior to issuance of a building permit. All existing trees and shrubs on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Tree preservation guidelines shall be established by a tree survey/arborist report performed for this site and shall be incorporated into the detailed site development plans. The tree survey shall provide tree-specific preservation measures for the existing 40" oak tree, which are to be retained within the project. This shall include protection measures regarding appropriate proximity of storage of construction materials to the tree. The recommendations of this supplemental report shall be incorporated into the final design and construction of the project. Since site construction activity will occur in the direct vicinity of the on-site protected 40" oak tree, a security deposit in the amount of the assessed value of the tree, 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 tree will be retained in good health. The applicant shall be required to secure an appraisal of the condition and value of the tree. 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 Landscape PAGE 5 OF RESOLUTION NO. 2003-19 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 held by the Town two full growing seasons after project completion shall be returned upon verification that the tree covered by the deposit is as healthy as can be provided for under the terms of the tree preservation agreemenL ARCHITECTURE 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. Materials and colors for the additions shall match the existing house. Any proposed changes 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 Planning Division prior to issuance of building permits for the project. A deed restriction shall be recorded requiring Town Planning Division review and approval for any proposed repainting or re-roofing of the exterior of the home. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 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 PAGE 6 OF RESOLUTION NO. 2003-19 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 water system in accordance with the requirements of District. All 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. 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. 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 determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems 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 to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow. 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 PAGE 7 OF RESOLUTION NO. 2003-19 require Planning Commission approval through the Development Plan review process. * 2. 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 and the disposition of green waste generated from land clearing on the site. 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 existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. * 3. 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 September 9, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Graham, Jameson, Legg, Moran, Storer, Combs, Condie Lynn Osborn Chairman APPROVED AS TO FORM: City Attorney / PAGE 8 OF RESOLUTION NO. 2003-19