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HomeMy WebLinkAbout2004-06RESOLUTION NO. 2004-06 DEVELOPMENT PLAN REQUEST TO ALLOW THE CONSTRUCTION OF A 7,100 +/- SQUARE FOOT HOME, NOT EXCEEDING 24 FEET IN HEIGHT, AND A 962 +/- SQUARE FOOT SECOND DWELLING UNIT, NOT EXCEEDING 15 FEET IN HEIGHT, ON A SITE LOCATED WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA, AT 429 EL ALAMO. THE APPLICATION INCLUDES A REQUEST FOR AN EXCEPTION TO THE TOWN'S SCENIC HILLSIDE AND MAJOR RIDGELINE ORDINANCE TO ALLOW DEVELOPMENT TO OCCUR WITHIN 100 +/- VERTICAL FEET OF THE MAJOR RIDGELINE. (APN: 197-120-016 --- MARQUES RESIDENCE) WHEREAS, Manuel & Trisha Marques (Owners) have requested approval of a Development Plan request (DP 2003-31) to allow the construction of a 7,100 +/- square foot single family home and a 962 +/- square foot second dwelling unit on a 3.4 +/- acre parcel; and WHEREAS, the subject site is located at 429 E1 Alamo and is further identified as Assessor's Parcel Number 197-120-016; and WHEREAS, the Town's Scenic Hillside/Major Ridgeline Ordinance requires that all development of parcels located in a Major Ridgeline area be subject to review and approval under a Development Plan application and that the Development Plan application be subject to review and approval by the Danville Planning Commission; and WHEREAS, an exception to the Town's Major Ridgeline and Scenic Hillside Ordinance is required to allow construction of the residence and second dwelling unit within 100 vertical feet from the top of a Major Ridgeline, and WHEREAS, this item is Categorically Exempt from the requirements of the California Environmental Quality Act, Section 15303, Class 3, and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 9, 2004; 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 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 2003-31 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 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, 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. o The design of the proposed barn is in substantial conformance with the applicable R-100; zoning regulations, and is located in the least visible portion of the site. MAJOR RIDGELINE EXCEPTION Due to the application of this section and the topography of the site, a single-family residence or second dwelling unit could not otherwise be constructed on the parcel. Development is designed to take place in the location of the original home on the top of the major ridgeline on a relatively fiat area below 24 feet in height. 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 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. PAGE 2 OF RESOLUTION NO. 2004-06 A. GENERAL * 1. This approval is for a Development Plan request (DP 2003-31) allowing the construction of a 7,100 +/- square foot home, not exceeding 24 feet in height, and a 962 +/- square foot second dwelling unit, not exceeding 15 feet in height, on a site located within a Town-identified Major Ridgeline area, at 429 E1 Alamo. The application includes a request for an exception from the Town's Scenic Hillside and Major Ridgeline ordinance to allow development to occur within 100 +/- vertical feet of the Major Ridgeline. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Grading and Drainage Plan consisting of one sheet, as prepared by DK Associates, dated received by the Plarming Division on February 24, 2004. bo Site Plan, Architectural Elevations, Site Sections, Floor Plan, Roof Plan, Guest Cottage Elevations, and Landscaping Plan, as prepared by the Dahlin Group, consisting of 13 sheets and dated received by the Planning Division on March 4, 2004. Co Landscape Plan, as prepared by HWA Landscaping Architecture Site Planning, consisting of one sheet, and dated received by the Planning Division on December 22, 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. o 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 $42.00 (28 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. PAGE 3 OF RESOLUTION NO. 2004-06 o 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, certifiedby 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. All construction activity, including material deliveries, shall be restricted to the period between the weekday hours of 8:00 a.m. to 6:00 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 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. 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. 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. PAGE 4 OF RESOLUTION NO. 2004-06 10. As part of the initial submittal for the grading plan or building permit review process (whichever occurs first), 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. 11. Planning Division sign-off is required prior to final building inspection sign- off by the Building Division. 12. Two 15-mph speed limit signs for construction vehicles shall be posted on the private access road during the duration of construction at 429 E1 Alamo. 13. A Scenic Easement shall be recorded against the parcel for the remaining portion of the property that is below the 610-foot elevation contour. No development that alters the natural appearance of the land, including the construction of structures or grading, shall be allowed within the area covered by the scenic easement. Non-native plantings, such as vineyards or orchards may be considered on a case-by-case basis through the development review process. B. SITE PLANNING * 1. 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. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. C. LANDSCAPING * 1. 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 PAGE 5 OF RESOLUTION NO. 2004-06 o time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing conditi6n. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and landscape guidelines and shall be designed to avoid runoff and overspray. 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 shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. With the exception of Tree #2, the 42' oak tree authorized for removal, all existing trees on the site shall be preserved to the extent practical. Tree Preservation Guidelines shall be implemented during construction, as identified in the arborist report, prepared by Hort Science, dated February 26, 2004, and kept on file with the Town of Danville. Removal will be allowed only upon prior written approval from the Planning Division, under a separate Tree Removal Permit application. All tree removal shall be mitigated with replacement trees as specified under the Town's Tree Preservation Ordinance. The replacement trees shall be planted in clusters on the parcel's slopes and along the driveway to create a natural appearance, subject to review and approval by the Town. If site construction activity occurs in the direct vicinity of the on-site and off- site 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 a. pplicant 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 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 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 PAGE 6 OF RESOLUTION NO. 2004-06 seasons after project 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. The final landscape plan shall include the elimination of all palm trees. The vineyard shall be scattered on the hillside and clusters of native trees shall be planted on the hillside to provide a natural appearance on the slope, and shall be subject to review and approval by the Design Review Board, prior to the issuance of a Building Permit. o The trees proposed on the landscape plan to be located adjacent to the property line between 427 and 429 E1 Alamo, shall be limited to evergreen species. The property owner shall work with the adjacent property owner at 427 E1 Alamo on the placement and agreed type of tree specie selected, with the goal of providing screening for privacy. D. ARCHITECTURE * 1. 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. o 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. * 3. 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. E. GRADING * 1. 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 PAGE 7 OF RESOLUTION NO. 2004-06 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) 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. o 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. 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. PAGE 8 OF RESOLUTION NO. 2004-06 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. F. STREETS * 1. All mud or dirt carried off the construction site onto adjacent streets (public or private) shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Any damage to public or private 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. o Prior to the issuance of a grading permit, the property owner shall have the existing private access roadway, from E1 Alamo to the entrance of the project site, surveyed to document the current conditions of the pavement. After Construction, prior to final inspection of the residence, the property owner shall resurvey the roadway and repair all portions of the roadway damaged during construction, to the satisfaction of the City Engineer. All construction related vehicles associated with this project shall be required to access the site from La Gonda Way to E1 Pintado Road to E1 Alamo. Vehicles may not access the site from E1 Pintado Road or E1 Rio Road via E1 Cerro Boulevard. The applicant shall be responsible for notifying all PAGE 9 OF RESOLUTION NO. 2004-06 Go contractors and sub-contractors of this restriction. 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. 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. 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 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. o 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. PAGE 10 OF RESOLUTION NO. 2004-06 * 10. 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. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on March 9, 2004 by the following vote: AYES: - NOES: - ABSENT: - ABSTAIN: - Combs, Condie, Graham, Jameson, Moran, Osborn, Storer Legg APPROVED AS TO FORM: City Attorney Chie( PAGE 11 OF RESOLUTION NO. 2004-06