HomeMy WebLinkAbout2004-08RESOLUTION NO. 2004-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DP 2004-02
ALLOWING THE CONSTRUCTION OF A 9,826+/- SQUARE FOOT
SINGLE FAMILY RESIDENCE AND ATTACHED 1,904+/-
SQUARE FOOT GARAGE AND A 1,148 +/- SQUARE FOOT
POOL HOUSE IN A TOWN IDENTIFIED
MAJOR RIDGELINE AREA
(APN: 208-570-006 -- KAPOOR)
WHEREAS, Lalit & Satindra Kapoor have requested approval of a Development Plan
request(DP 2004-02) to allow the construction of a 9,826+/- square-foot single family
residence with an attached 1,904 +/- square foot garage and a 1,148+/- square foot pool
house on a parcel located in a Town-identified Major Ridgeline area; and
WHEREAS, the subject site is located at 1900 Peters Ranch Road and is further identified as
Assessor's Parcel Number 208-570-006; and
WHEREAS, the Town's Major Ridgeline and Scenic Hillside Ordinance requires approval
of a Development Plan application prior to development of the site; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303 - New Construction;
and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
April 13, 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 2004-04 per the conditions contained herein, and makes the
following findings in support of this action:
Development Plan
The proposed development is in conformance with the goals and policies of the 2010
General Plan.
o
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.
o
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
1. This approval is for a Development Plan request (DP 2004-02) allowing the
construction of a 9,826 +/- square-foot single-family residence with an
attached 1,904 +/- square foot garage and a 1,148 +/- square foot pool house
on a parcel located in a Town-identified Major Ridgeline Area. The site is
located at 1900 Peters Ranch Road. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
ao
Cover Sheet, Notes and Details, Grading and Drainage Plan, Site Plan,
First Floor Plan, Roof Plan, Front and Right Elevations, Rear and Left
Elevations consisting of eight sheets, as prepared by William Wood
Architects, dated received by the Planning Division on March 19,
2004.
bo
Conceptual Landscape Plan, consisting of one sheet, as prepared by
Camp and Camp Associates, dated received by the Planning Division
on March 19, 2004.
PAGE 2 OF RESOLUTION NO. 2004-08
o
o
The applicant shall pay or be subject to 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 as follows:
Child Care Facilities Fee ....................................... $ 335.00
Excavation Mitigation Fee (Flood Control) ............. TBD
Grading Plan Check, Inspection & Permit ............... TBD
Storm Water Pollution Program Fee ..................... $ 41.00
SCC Regional Fee ................................................... $ 942.00
Residential TIP Fee ............................................. $ 2,000.00
Tri-Valley Transportation Fee ........................... $1,736.00
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 $ 27.00 (18
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 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. (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
PAGE 3 OF RESOLUTION NO. 2004-08
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.
o
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.
o
The applicant 'shall .require their contractors and subcontractors to fit all
internal combustion engines with mufflers that 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.
10.
All physical improvements shall be in place prior to occupancy of the home.
No structure shall 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.
11.
Planning Division sign-off is required prior to the completion of a Final
Building Inspection.
12.
The applicant shall require the contractor and subcontractor to park only on
the construction site.
13.
All construction, earth moving, concrete, earth-hauling vehicles shall be
cleaned on the construction site.
14.
All vehicles used to deliver heavy equipment to the job site must leave
immediately after delivery and shall not park on Peters Ranch Road.
PAGE 4 OF RESOLUTION NO. 2004-08
15.
All building materials shall be delivered directly to the job site and shall not
be allowed to be staged on Peters Ranch Road.
16.
The second dwelling unit proposed on the project plans has been withdrawn
from this application and is not authorized under this Development Plan
permit.
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.
o
A deed restriction shall be recorded with the title the subject property to
read: "Any change in the landscaping, colors, or material of this home shall
be subject to the review and approval of the Town's Design Review Board.'
* 3.
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.
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
time. The trees shall be planted in a random manner to provide a natural
look along the hillside.
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.
o
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.
PAGE 5 OF RESOLUTION NO. 2004-08
All landscaping shall be watered with an underground automatically
controlled irrigation system. Low volume MPR nozzles and drip shall be
used where appropriate for water conservation.
The landscaping shall be installed prior to final inspection of the building
permit.
o
The trees shall be staggered along the hillside for a natural appearance. The
five Valley oak trees identified in front of the structure on the hillside shall be
replaced with Coast live oak, an evergreen tree.
Fencing on the parcel shall be limited to open wire fences with natural wood
colored posts unless otherwise approved by the Planning Division. The
wrought iron fencing with masonry pillars depicted on the landscape plan
shall be authorized under this development plan application.
o
The applicant shall submit a cash deposit or other security acceptable to the
Chief of Planning, to the Town in the amount of $15,000 to be held for two
full growing seasons to ensure the continued health of the trees required to
be planted as part of the project as visual mitigation. After two years, the
Town shall inspect the landscaping. Any trees that have died during the
initial two years shall be replanted prior to the Town's release of the cash
deposit.
The final landscape plan and the areas on the landscape plan identified as
"domestic landscape done by owner" shall be submitted for review and
approval by the Town of Danville and the Design Review Board prior to
installation. This plan shall include evergreen trees and shrubs to assist in the
screening of this home from the valley floor.
D. ARCHITECTURE
The street number for the home shall be posted so as to be easily seen from
the street at all times, day and night.
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.
PAGE 6 OF RESOLUTION NO. 2004-08
o
The applicant shall return to DRB for final review and approval of
architecture, color, materials, landscaping and lighting prior to issuance of
building permits.
F. 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
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.
o
Development shall be completed in compliance with a detailed soils and
geotechnical report prepared by a licensed geotechnical engineer and the
construction grading plans prepared for this specific project. The engineering
recommendations outlined in the project specific soils and geotechnical
report shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
building and shall be subject to review and approval by the Town's
Engineering and Planning Divisions prior to issuance of a grading permit. A
licensed Geotechnical Engineer must prepare, stamp, and sign the soils and
geotechnical report.
A component of the geotechnical report shall identify any underground
water and surface flows existing on this parcel, and determine mitigation
measures to alleviate the potential impact the water would have on the
development of the single-family home. If mitigation measures are identified
which would prohibit the construction of the project substantially as
approved by this permit, the Development Plan approval will be null and
void. Any alternative development of this site will require review and
approval by the Planning Commission under a new Major Ridgeline
development plan application.
PAGE 7 OF RESOLUTION NO. 2004-08
o
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 as found necessary by the City
Engineer. It shall be accompanied by an engineering and geological opinion
as to the safety of the site from settlement, slide 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.
o
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.
10.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriated 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.
11.
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
PAGE 8 OF RESOLUTION NO. 2004-08
required, as determined by the City Engineer.
12.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
13
This approval is based on the conclusions of the preliminary soils and
geologic report prepared for this project and reviewed by the Town. The final
geotechnical report shall identify any landslides that cross adjacent
properties, which may be aggravated by the proposed development. The
applicant shall be required repair any such slides. Any necessary slide repair
shall be repaired and regarded in a manner that results in the natural
appearance of the hillside. The findings of the geotechnical and soils report
are subject to independent third-party review, as deemed necessary by the
City Engineer.
14.
A final grading and drainage plan shall be submitted for review and
approval by the City Engineer prior to the issuance of a grading permit. This
plan shall reflect all comments directed to the applicant in a Memo from the
Town of Danville, dated January 29, 2004, and kept on file with the Planning
Division.
G. STREETS
* 1.
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
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.
H. INFRASTRUCTURE
* 1.
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.
PAGE 9 OF RESOLUTION NO. 2004-08
o
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
o
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 (CCCFC & WCD).
°
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 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, prior to the issuance of a
building permit.
°
Roof drainage from structures shall be collected via a closed pipe and
conveyed onto an approved storm drainage facility.
°
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.
All new utilities required to serve the development shall be installed
underground.
10.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
PAGE 10 OF RESOLUTION NO. 2004-08
* 1.
* 2.
MISCELLANEOUS
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.
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 April 13, 2004
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Storer, Moran, Combs, Legg, Jameson, Condie and Graham
Osborn
APPROVED AS TO FORM:
a~/rrnan
City Attorney
Chief of
PAGE 11 OF RESOLUTION NO. 2004-08
