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HomeMy WebLinkAbout097-96RESOLUTION NO. 97-96 APPROVING THE APPEAL AND AMENDING A PROVISION OF THE PLANNING COMMISSION'S APPROVAL OF DEVELOPMENT PLAN REQUEST DP 96-01 ALLOWING THE CONSTRUCTION OF AN APPROXIMATELY 6,200 SQUARE FOOT HOME TO BE CONSTRUCTED ON A PARCEL WHICH IS LOCATED WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 197-130-018 -- LOWE) WHERF~S, David L. Lowe has requested approval of a Development Plan request (DP 96- 01) to allow the construction of an approximately 6,200 square foot home on a site located within a Town identified Major Ridgeline Area on a 2.48 +/- acre site; and WHEREAS, the subject site is located on the west side of El Alamo, at 485 El Alamo, and is identified as Assessor's Parcel Number 197-130-018; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance (Ordinance No. 29-84) requires approval of a Development Plan prior to the issuance of a building or grading permit for the development of the parcel; and WHERFAS, a Negative Declaration of Environmental significance has been prepared for the project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, The Planning Commission did review the request during noticed public hearings on March 26 1996 and May 14, 1996 and did approve the request during the March 26, 1996 meeting; and WHEREAS, the Planning Commission's approval of the project was appealed by Giselle Jurkanin and Kristin Cooper who expressed concerns related to the approved placement of the home directly adjacent to the edge of the pad near the north east corner of the structure; and WHEREAS, the Town Council did review the project at a noticed public hearing on July 16, 1996; and PAGE I OF RESOLUTION NO. 97-96 WHEREAS, a staff report was submitted recommending that the Town Council approve the appeal and modify a provision of the Planning Commission's approval; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Town Council 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 a Negative Declaration of Environmental Significance for the project and approves Development Plan request DP 96-01 per the conditions contained herein, and makes the following findings in support of this action: . 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 Developmenf'), in that development will be achieved with minimal grading and will not adversely impact predominate views of a Town-identified Major Ridgeline Area. o The proposed development is in conformance with the goals and policies of the General Plan. , The proposed development is in conformance with the zoning district in which the property is located. . The proposed development within 100 feet of the centerline of the ridge is necessary due to the lack of an appropriate, alternate building area elsewhere on the property. o Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the project will have a significant adverse effect on the environment. PAGE 2 OF RESOLUTION NO. 97-96 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 Development Plan approval (DP 96-01) authorizes the construction of an approximately 6,200 square foot single family home on a parcel which is located within a Town-identified Major Ridgeline area. The site is located at 485 E1 Alamo Road (APN 197-130-018). Except as may be modified by the following conditions, development shall be substantially as shown on the project drawing consisting of 8 sheets labeled "Lowe Residence", as prepared by B. Holloway Design, dated received by the Planning Division on July 10, 1996. Except as may be modified by these conditions or final Design Review Board review, the planting of Oak trees, which will serve to screen the home, shall be as shown the Site Plan/Landscape Plan, as prepared by B. Holloway Design, dated received by the Planning Division July 10, 1996. . 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 and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land Inqieu and Child Care Facilities fees. , 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. The SRVFPD's initial comments on this project are summarized in part in their PAGE 3 OF RESOLUTION NO. 97-96 memorandum dated January 18, 1996. . Within 10 days of approval of the project, the applicant shall submit to the Town a check in the amount of $25.00 to cover the cost of posting the Notice of Determination with the Contra Costa County Clerk. o 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. . 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. . 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 all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as work days. Dust-producing activities shall be discontinued during high wind periods. . All physical improvements shall be in place prior to occupancy of the residence. The structure shall not 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. PAGE 4 OF RESOLUTION NO. 97-96 B. SITE PLANNING o All lighting shall be installed in such a manner that lighting is down-directed and glare is directed away from surrounding properties and rights-of-ways. All lighting shall be of a minimum intensity needed to provide adequate illumination. A detailed final lighting plan, including information about the proposed lighting intensity and down directed fixtures, shall be submitted for review and approval by the Design Review Board prior to issuance of a building permit. . The property owner shall dedicate a scenic easement which covers the steep sloping portions of this property (all areas below the existing flat pad at the top of the ridge). No development, including site grading, structures of any kind, or landscape improvements, is allowed in these areas. A note setting forth this restriction shall be recorded to run with the deed to the property. . The footprint of the structure shall be modified as necessary to be entirely contained on the existing building pad. C. LANDSCAPING * 1. Final landscape plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division Design Review Board. 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. All new Oak trees (as shown on the landscape plans referenced under condition/L 1. above) together with fast growing shrubs in the areas between the new trees, which will serve to screen the home, shall be installed prior to beginning framing. All hillside landscaping shall be irrigated, through the use of drip irrigation, until the trees and shrubs are established. . All landscape material shall be compatible with natural varieties, and shall be drought tolerant. Any fencing on property shall be open wire fencing. . All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. PAGE 5 OF RESOLUTION NO. 97-96 D. , 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 through the processing of a Tree Removal Permit if deemed to be necessary. Any Oak tree, which serves to screen the residence, which dies or is removed shall be replaced immediately with the same type and size of Oak tree initially approved by the Design Review Board as part of the Final Landscape Plans for the project. . An arborist's report shall be submitted for review and approval by the Planning Division which addresses development impacts of the proposed project on the 30" and 18" Oak trees located to the north of the proposed residence between the 675 and 685 foot elevation contours and the 30" Oak tree located to the northeast of the resident just below the 700 foot contour elevation. The report shall establish appropriate mitigation measures to maximize the long term health of the trees. The applicant shall implement all recommended mitigation measures outlined in the approved report to the satisfaction of the Planning Division prior to occupancy of the unit. o All proposed Oak trees shall be of a natural branch variety, having branches from the base of the trunk up, subject to approval by the Planning Division. A minimum of 25 percent of the new trees shall be Valley Oak trees. New Oak trees to be planted along the northeast and east sides of the home shall be an evergreen variety. . No trees near the northeast corner of the home may be topped if the result is to increase the visibility of the residence from the view of the home located below at 483 E1 Alamo. Pruning shall be limited to that necessary to encourage rapid growth. 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. PAGE 6 OF RESOLUTION NO. 97-96 . The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. . All colors shall be of a subdued, earthtone nature to help the residence blend in with the environment. The proposed colors are specifically not approved at this time. Final proposed colors shall be submitted for review and approval by the Planning Division and the Design Review Board prior to issuance of a Building Permit. The approved roof color and material is concrete tile with a dark grey color consistent with the tile sample on file with the Planning Division. E. GRADING * 1. 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. . 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 use of sediment traps and other devices 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. PAGE 7 OF RESOLUTION NO. 97-96 o Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 6. 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. F. STREETS * 1. Street signing shall be installed by the applicant as may be required by the City Engineer. Traffic signs and parking restriction signs which may be required to be installed shall be subject to review and approval by the Transportation Division and the Police Department. . All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. . Any damage to public 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. . The applicant shall submit to the Town for review and approval a road maintenance agreement which provides for the shares maintenance of the private driveway by all properties which use the driveway. Prior to occupancy of the unit, the applicant shall submit documentation of the execution of the agreement by all effected parties or documentation that a good faith effort has been put forth to execute the agreement. 5. The earth which currently covers portions of the north side of the private PAGE 8 OF RESOLUTION NO. 97-96 drive shall be removed from the road prior to occupancy of the home. The road shall be maintained to be free of earth or other debris at all times. o Any damage to the private drive done during construction shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant, prior to occupancy of the home. G. INFRASTRUCTURE * 1. Domestic water supply shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. EBMUD's initial comments on this project are summarized within their memorandum dated January 12, 1996. . 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. CCCSD's initial comments on this project are summarized within their letter dated January 18, 1996. . Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. , All runoff from impervious surfaces, lawn and landscape areas, to the maximum extent possible, shall be collected and conveyed via pipe to the drainage system in El Alamo. The system shall be sufficient to include drainage from Assessor's Parcel No. 197-130-017. . 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 across sidewalks. o 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. PAGE 9 OF RESOLUTION NO. 97-96 /~ ~ ~-~ . 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. . Prior to the commencement of framing, the drainage system for the building pad (as shown on the project plans referenced under condition A. 1. above) shall be installed to collect all runoff from the entire building pad and direct it to E1 Alamo via a pipe. H. MISCELLANEOUS * 1. 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. , Use of a private gated entrance, except for the gating of driveways serving individual properties, is expressly prohibited. APPROVED by the Danville Town Council at a Regular Meeting on July 16, 1996, by the following vote: AYES: Greenberg, NOES: None ABSTAINED: None ABSENT: None Shimansky, Arnerich, Doyle, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY adcz53 d ATTEST: CITY CLERK PAGE 10 OF RESOLUTION NO. 97-96