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HomeMy WebLinkAbout2003-20RESOLUTION NO. 2003-20 DEVELOPMENT PLAN REQUEST DP 2003-19 ALLOWING THE CONSTRUCTION OF 1,730 +/- SQUARE FOOT BARN, AN UNFENCED HORSE ARENA AREA, AND DECOMPOSED GRANITE ACCESS ROAD ON A PARCEL LOCATED IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 207-081-036 -~- MASON BARN) WHEREAS, Chris and Jerri Mason (Applicants/Owners) have requested approval of a Development Plan request (DP 2003-19) to allow the construction of a 1,730 +/- square foot barn, arena, and access road on a 17 +/- acre parcel; and WHEREAS, the subject site is located at 1400 Dutch Mill Road and is further identified as Assessor's Parcel Number 207-081-036; and WHEREAS, the Scenic Hillside/Major Ridgeline Ordinance requires that all development of parcels located in Scenic Hillside/Major Ridgeline areas be subject to review and approval under a Development Plan application and that the Development Plan application would be subject to review and approval by the Danville Plam~ing Commission; and WHEREAS, an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance is required to allow construction of the barn within 100 vertical feet from the top of a Major Ridgeline, and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 28, 2003; and WHEREAS, the punic 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 2003-19 and an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance per the conditions contained herein, and makes the following findings in support of this action: FINDINGS 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, by conforming development to the existing contours, 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 design of the proposed barn is in substantial conformance with the applicable zoning regulations, and is located in the least visible portion of the site. EXCEPTION Due to the application of this section, a barn structure could not otherwise be constructed on the parcel without the structure being highly visibility and because the there is not a fiat portion on the site located beyond 100 feet of the ridgeline. Development is designed to take place as far beneath the centerline of the major ridgeline as practical on a relatively fiat area and behind a hillside. The proposed sighting, grading, landscaping and architecture are such that the development will not conflict with the purpose set forth in subsection 32-69.1.b CONDITIONS OF APPROVAL Conditions of approval with an asterisk (,,,,) in the left-hand colunm 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 2003-19) allowing the construction of a 1,730 +/- square foot barn with an arena and access road on a parcel subject to review under the Town's Scenic Hillside/Major Ridgeline Ordinance. Development shall be substantially as shown on the project PAGE 2 OF RESOLUTION NO. 2003-20 drawings as follows, except as may be modified by conditions contained herein; Site Plan, Grading and Drainage Plan consisting of one sheet, as prepared by Debolt Engineering, dated received by the Planning Division on July 20, 2003, and edited by the Town of Danville Planning Division. Photos of the architecture of the barn, dated received by the Planning Division on July 20, 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. 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 notices. The fee shall be $135.00 (90 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) have been, or will be, met to the satisfaction of this agency. 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 8:00 a.m. to 6:00 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. PAGE 3 OF RESOLUTION NO. 2003-20 * 7. 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. B. SITE PLANNING * 1. All Iighting 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. The access road shall be reduced to 12 feet in width, constructed of tan colored decomposed granite, and shall be designed to meet ail the specifications of the San Ramon Valley Fire Prevention District. LANDSCAPING A final planting plan for the screen trees proposed to be located in the front yard area of the main home shall be submitted to the Town of Danville for final review and approval within 30 days of project approval. The plan should include no more than 10 screen trees to help screen and break up the mass of the existing home. The landscaping shown on the plan shall be planted within 6 months of the Town's final inspection of the barn. A security deposit acceptable to the Town shall be submitted to assure the installation of the landscaping. ARCHITECTURE The proposed barn shall be substantially as depicted on the Photo's submitted. The final barn elevations shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. The barn colors shall be painted neutral as to match the hillside in which the structure is located. PAGE 4 OF RESOLUTION NO. 2003-20 E. GRADING * 1. * 4. * 5. 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 witlxin 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, construction hours and days of work operation (which are limited to Monday-Friday 8:00 a.m. to 6:00 p.m.) 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, unless otherwise determined by the City Engineer. 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 the design of the proposed barn 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. PAGE 5 OF RESOLUTION NO. 2003-20 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 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 Ail 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. PAGE 6 OF RESOLUTION NO. 2003-20 G. INFRASTRUCTURE * 2. * 3. * 4. * 5. * 6. * 7. 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. Ali 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 system may 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 into an approved energy dissipater system on the subject property, or as determined by the City Engineer. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. 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. 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. A detail of the proposed energy dissipater designed for this site shall be submitted to the City Engineer for final review and approval prior to the issuance of a grading permit. A permanent source of water shall be installed within the barn area to allow for watering the horses and grooming. Water hoses extending over the hillside from the main home are not allowed to be used as the permanent source of water to the barn area. PAGE 7 OF RESOLUTION NO. 2003-20 10. The property owner shall properly dispose of all horse manure in a method that will not create an impact on the environment. Manure shall be allowed to be used for fertilizer and may be tilled into to the ground on the property with the proper equipment. H. MISCELLANEOUS * 1. The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. This barn, arena, and associated access road shall not be permitted to be used for the purpose of boarding horses other than the property owners for a fee or to operate any type of business activity related to horses on the subject property. If the applicant chooses to operate the arena and barn as a business, a separate Land Use Permit application would be required to be reviewed and approved by the Planning Commission. APPROVED by the Danville Planning Commission at a Regular Meeting on September 28, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: City Attorney ~ Combs, Graham, Legg, Jameson, Storer, Osborn and Condie Moran ,~,~ J //~ ~_ Chairman PAGE 8 OF RESOLUTION NO. 2003-20