HomeMy WebLinkAbout2004-25RESOLUTION NO. 2004-25
APPROVING DEVELOPMENT PLAN REQUEST DP 2004-27 ALLOWING THE
CONSTRUCTION OF A 2,180 +/- SQUARE FOOT HOME WITH A 718 +/- SQUARE
FOOT ATTACHED GARAGE ON A .44 +/- ACRE PARCEL
(APN: 195-080-052 --- FISHER RESIDENCE)
WHEREAS, Beau and Stacy Fisher (Owners) have requested approval of a Development
Plan request (DP 2004-27) to allow the construction of a 2,180 +/- square foot single family
home with a 718 +/- square foot attached garage on a .44 +/- acre parcel; and
WHEREAS, the subject site is located at 171 Hope Lane and is further identified as
Assessor's Parcel Number 195-080-052; and
WHEREAS, as established under the conditions of approval for Subdivision SD 8106,
approval of a Development Plan application subject to review and approval by the
Danville Planning Commission is required prior to the issuance of a building permit; and
WHEREAS, this item has been found to be 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
November 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 2004-27 and makes the following findings in support of this
action:
FINDINGS
DEVELOPMENT PLAN
The development will be an attractive and efficient development which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
The proposal will not be detrimental to the health, safety, and general welfare of the
Town.
3. The proposed project is consistent with the Danville 2010 General Plan.
The design of the proposed residence is in substantial conformance with the
applicable R-12 Single Family Residential District development standards, and the
established conditions of approval created by subdivision SD. 8106.
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 2004-27) allowing the
construction of a 2,100 +/- square foot residence, not exceeding. 24 feet in
height, and a 781 +/- square foot attached garage. Development shall be
substantially as shown on the project drawings as follows, except as may be
modified by conditions contained herein;
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Grading and Drainage Plan consisting of one sheet, as prepared by
Debolt Civil .Engineers, dated received by the Planning Division on
September 30, 2004.
bo
Site Plan, Architectural Elevations, Site Sections, Floor Plan, Roof
Plan, and Landscaping Plan, as prepared by the Steven Kubitschek,
consisting of nine sheets and dated received by the Planning Division
on September 30, 2004.
PAGE 2 OF RESOLUTION NO. 2004-25
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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 $180.00 (120
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.
All construction activity, including material deliveries, shall be restricted to
the period between the weekday hours of 7:30 a.m. to 5:00 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. 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.
PAGE 3 OF RESOLUTION NO. 2004-25
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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.
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.
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.
The good neighbor fence along the west property line shall be replaced by
the property owner with a six foot high solid wood fence. All fences within
this project, shall be constructed using pressure treated Douglas Fir or
equivalent fence posts and shall include minimum 2"x 8" kickboards
(which shall also be pressure treated Douglas Fir). Fencing details shall be
reviewed and approved by the Planning Division. No fence along the
side or rear yard may exceed 6 feet in height. Within 20 feet of the
property line towards Hope Lane, the fence proposed to be located on the
west property line shall be reduced in height to 3 1/2 feet.
PAGE 4 OF RESOLUTION NO. 2004-25
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The height of the building pad shall not exceed the 481 foot elevation contour
and the finished floor shall not exceed the 482 foot elevation contour.
LANDSCAPING
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.
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All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
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.
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, Under a separate Tree Removal Permit application.
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 applicant 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
PAGE 5 OF RESOLUTION NO. 2004-25
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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
trees covered by the deposit are as healthy as can be provided for under the
terms of the tree preservation agreement.
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A privacy hedge, English Laurel, shall extend along the west side property
line and shall be maintained to be generally 2 +/- feet above the fence line to
provide screening and privacy for the adjacent property owners. This hedge
shall be maintained in a healthy growing manner at all times.
· 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.
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.
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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 with or prior to, the applicant initiating the Building Division
plan check process.
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, 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
pAGE 6 OF RESOLUTION NO. 2004-25
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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.
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.
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.
PAGE 7 OF RESOLUTION NO. 2004-25
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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.
11.
The v-ditch depicted on the subdivision final map SD 8106 shall be installed
along the north and west side yard property lines. Ditch alternatives may be
reviewed and approved by the City Engineer provided the improvement is
permanent.
STREETS
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.
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Construction traffic associated with the construction of the residence shall
enter and exit the site from Hope Lane, not Via Waingarth.
Construction related vehicular trips shall not be allowed during the
morning and afternoon peak traffic periods on Green Valley Road (i.e.,
prior to 8:30 a.m. and between 3:00-4:00 p.m.). Ail contractors and sub-
contractors shall summit a construction schedule including typical daily
work hours to the Planning Division prior to the issuance of a building
permit for the project. Failure to comply with this condition may result in
suspending construction activity on the site.
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.
PAGE 8 OF RESOLUTION NO. 2004-25
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.
.5.
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.
* 9.
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
PAGE 9 OF RESOLUTION NO. 2004-25
process.
APPROVED by the Danville Planning Commission at a Regular Meeting on November 9,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Moran, Combs, Storer, Condie, Osborn and Graham
Legg, Jameson
APPROVED AS TO FORM:
City Attorney
PAGE 10 OF RESOLUTION NO. 2004-25