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HomeMy WebLinkAbout2003-22 EXHIBIT A RESOLUTION NO. 2003-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 2003-08 TO ALLOW THE CONSTRUCTION OF A NEW 6,576 +/- SINGLE-FAMILY HOME WITH A 1,638 +/- SQUARE FOOT GARAGE AND DETACHED 635 +/- SQUARE FOOT CABANA ON A 1.58 ACRE PARCEL IDENTIFIED AS PARCEL C OF MS 853-99 (APN: 197-161-012-TURNER) WHEREAS, Gorny & Garcia Architects (applicant), representing Julie & Jon Turner (owners), has requested approval of Development Plan request DP 2003-08 allowing the construction of a new 6,576 +/- single-family home with a 1,638 +/- square foot garage and detached 635 +/- square foot cabana located on a 1.58+/- acre site; and WHEREAS, the subject site is identified as Parcel C of MS 853-99 (located directly below 745 E1 Pintado) and is further identified as Assessor's Parcel Number 197-161-012; and WHEREAS, the proposed development requires approval of a Development Plan application prior to construction of the project pursuant to the conditions of approval established under minor subdivision approval MS 853-99; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 23, 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 2003-08 per the conditions contained herein, and makes the following findings in support of this action: Development Plan: 1. The proposed project is consistent with the Town of Danville's 2010 General Plan. The proposed development is in conformance with the zoning district in which the property is located. The proposed development will be attractive and will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding neighborhood. The proposal will not be detrimental to the health, safety, and general welfare of the Town. 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 2003-08) to allow the construction of a new 6,576 +/- single-family home with a 1,638 +/- square foot garage and detached 635 +/- square foot cabana. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Site Plan, Floor Plans, Elevations, and Sections consisting of 10 sheets, as prepared by Gorny & Garcia Architects and dated received by the Planning Division on August 29, 2003. Preliminary Landscape Plan, consisting of 2 sheets, as prepared by Martin Hoffmann, Landscape Architect and dated August 15, 2003. Preliminary Grading and Drainage Plan, consisting of 2 sheets, as prepared by DeBolt Civil Engineering, and dated August 21, 2003. PAGE 2 OF RESOLUTION NO. 2003-22 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 Residential Transportation Improvement Program (TIP) fee ($2,000), Child Care Facilities fees ($335), Grading, Plan Checking and Inspection Fees (to be determined), Storm Water Pollution Program Fee ($41), SCC Regional Fee ($924), and the Tri-Valley Transportation Fee ($1,711). 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 $103.50 (69 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) and the San Ramon Valley Unified School District (SRVUSD)have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial cormnents on this project are summarized in part in their memorandum-dated July 31, 2003. The SRVUSD's initial comments on this project are summarized in part in their memorandum-dated September 2, 2003. 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 Califom/a 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 PAGE 3 OF RESOLUTION NO. 2003-22 10. 11. 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 the 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 ail 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. As part of the initial submittal for the bu!lding 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 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. 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. PAGE 4 OF RESOLUTION NO. 2003-22 Any on-site wells and septic systems may be retained for irrigation purposes only, subject to review and approval by the Contra Costa County Health Services Department - Environmental Health Division. If they are not to be used for this purpose, they shall be destroyed in accordance with this agency's regulations. Environmental Health Division permit and inspections for this work shall be obtained. Prior to issuance of building permits, a current preliminary title report with copies of all easements and encumbrances of record shall be provided to the satisfaction of the City Engineer. LANDSCAPING 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, or as indicated on the plans. 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. 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 oak trees, which are to be retained within the project. This shall include protection measures regarding appropriate proximity of storage of construction materials to the trees. 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 trees, a security deposit in the amount of the assessed value of the trees, 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 the 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 Landscape 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 PAGE 5 OF RESOLUTION NO. 2003-22 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 deposiL 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 trees covered by the deposit is as healthy as can be provided for under the terms of the tree preservation agreement. The 10 "oak tree located at the proposed driveway apron scheduled to be removed shall be mitigated by the planting of replacement oak trees equal to a total of 10 inches to further screen the home. Placement of the trees shall be reviewed and approved by the Planning Division prior to issuance of a building permit. 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. The proposed color palette shall be substantially as shown on the color board dated May 29, 2003. Samples of the proposed color palette and hardscape materials shall be applied in the field for review and approval by the Design Review Board prior to the final building inspection for the project. The height of the fireplace shall be lowered to as close to 35 feet as feasible, meeting alt Planning and Building Code standards. 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 concurrent or prior to, the applicant initiating the Building Division plan check process. All perimeter fencing shall be open wire. All fencing shall meet all requirements of the Town of Danville Municipal Code, including height and PAGE 6 OF RESOLUTION NO. 2003-22 setback. The fencing as proposed within the front setback is not approved as part of this development plan. No fencing shall be permitted within the shared hammerhead driveway with Parcel B. 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 engineering and geological opinion as to the safety of the site from settlement and seismic activity. AIl 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 PAGE 7 OF RESOLUTION NO. 2003-22 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. Ail cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement~ Stockpiles of debris, soit, 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). 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. 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 PAGE 8 OF RESOLUTION NO. 2003-22 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, shah 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. Public streets shall be improved to the standards in #G.5. above. Private streets shall be improved to public street structural standards. Private street improvements, and their dimensions, shall be as shown on the project plans identified in #A.1. above and shall conform to Standard Plan 104 a & b. A satisfactory private road and private storm drain maintenance agreement for parcels B and C of MS 853-99 shall be submitted for approval of the City Attorney prior to issuance of building permits. All private road maintenance agreements shall include provisions for regular street sweeping. The new private driveway serving parcels B and C of MS 853-99 shall meet ali requirements of the San Ramon Valley Fire Protection District. The driveway must be located wholly within the easement. There is an existing deferred improvement agreement related to the widening and improvement of E1 Pintado Road. The three lots of Minor Subdivision MS 853-99 are obligated to perform these improvements. The applicant shall be obligated to pay his fair share or build his portion of the improvements, to the satisfaction of 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. PAGE 9 OF RESOLUTION NO. 2003-22 10. 11. 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. Al1 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. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 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. Prior to issuance of a building permit, a site plan shall be prepared which PAGE 10 OF RESOLUTION NO. 2003-22 12. addresses all incremental runoff on site through the creation of a detention facility, subject to review and approval by the City Engineer. The property owner shall be responsible for identifying and completing all necessary improvements. The applicant is responsible for obtaining any storm drain easements or rights of entry for any necessary downstream storm drain improvements. All new utilities required to serve the development shall be installed underground. 13. 14. The existing utilities on the joint poles in the Scenic Easement area shall be placed underground and the poles removed. All proposed utilities, including the pool connection to the sanitary sewer system, shall be provided to the satisfaction of the City Engineer. 15. A recommendation from a licensed geotechnical engineer addressing soil slippage due to irrigation of the vineyard shall be completed prior to issuance of a grading permit, and incorporated into the design of the project. 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. Conditions of this approval may require the applicant to install public improvements on land over which neither the applicant, nor the Town, has easement rights to allow for the installation of the improvements. The applicant shall be responsible for acquisition of said easement rights through private negotiations. 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 PAGE 11 OF RESOLUTION NO. 2003-22 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. The applicant/owner shall submit evidence to the Town that the requirements for obtaining a State General Construction Permit have been met. Such evidence may be the copy of the Notice of Intent (NOI) sent to the State Water Resources Control Board. Additionally, the applicant/owner shall submit evidence that the requirements for obtaining the U.S. Army Corps of Engineers 404 Permit, the State Water Resources Control Board's 401 Certification, and the California Department of Fish and Game's Streambank Alteration Agreement have been or will be met. Such evidence may be a copy of the permit(s)/agreement and/or a letter from the applicant/owner stating the above permit(s) are not required for the subject project. Mail boxes shall be co-located with the others located along the E1 Pintado Road frontage of this subdivision. All mail boxes may be lockable, subject to ail permitting requirements and conditions imposed by the United States Postal Service. APPROVED by the Danville Planning Commission at a regular meeting on September 23, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Condie, Graham, Jameson, Legg, Osborn, Moran Storer, Combs PAGE 12 OF RESOLUTION NO. 2003-22 Chairman APPROVED AS TO FORM: City Attorney F:/plarming/applications / dp2003-08 Chi~nning PAGE 13 OF RESOLUTION NO. 2003-22