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HomeMy WebLinkAbout175-97RESOLUTION NO. 175-97 APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE, APPROVING THE APPEAL BY RICK DEHERRERA, AND APPROVING A DEVELOPMENT PLAN REQUEST DP 96-33 ALLOWING THE CONSTRUCTION OF A 4,980 +/- SQUARE FOOT HOME WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (1615 LAWRENCE ROAD -- DEHERRERA) WHEREAS, Rick DeHerrera (owner) and Barry Holloway (Architect) have requested approval of a Development Plan (DP 96-33) to allow the construction of a 4,980 +/- square foot home located within a Town-identified Major Ridgeline area on a 872 +/- acre site; and WHEREAS, the subject site is located near the southern terminus of Lawrence Road, at 1615 Lawrence Road, and is further identified as Assessor's Parcel Number 206-170-009; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance requires approval of a Development Plan application prior to development within a ridgeline area; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance requires approval of an exception to allow development within 100 vertical feet of the ridgeline; and WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been prepared for the project. As modified through recommended mitigation measures which have been included as conditions of approval for this project, no significant environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did review and approve the project, subject to conditions of approval, at a noticed public hearing on July 22, 1997; and WHEREAS, subsequent to the Planning Commission's approval of the project, the applicant appealed Condition of Approval H.4. which was imposed by the Planning Commission; and WHEREAS, the Danville Town Council did review the project and the appeal at a noticed public hearing on November 18, 1997; 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 Town Council approve the appeal and the Development Plan request DP 96-33; 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 Danville Town Council approves the appeal eliminating Condition of Approval H4. and approves Development Plan Request DP 96-33 subject to 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 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. The proposed development is in conformance with the goals and policies of the General Plan and the Lawrence/Leema Road Specific Plan. The proposed development is in conformance with the zoning district irt which the property is located. Based on the completion of the Initial Study of Environmental Significance, comments received, and recommended conditions of approval derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project, there is no substantial evidence before the Town that the project will have a significant effect on the environment. Based on studies submitted by the applicant, due to steep slopes, creek areas, and geotechnical instabilities on the site, the proposed ridgeline area is the only feasible location for development on the site. Because of the lack of additional building sites on the parcel, the parcel is not appropriate for further subdivision. PAGE 2 OF RESOLUTION NO. 175-97 CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. 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 96-33) aliiowing the construction of a 4,980 +/- square foot home to be constructed within a Town- identified Major Ridgeline area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site Plan, Plot Plan, Elevations, Floor Plans, Roof Plan, Preliminary Landscape Plan, and Alternate Study labeled "DeHerrera ]Residence", consisting of nine sheets, dated received by the Planning Division on July 17, 1997. The approved site plan for the home is Plan 4980, labeled "Proposed Residence: Alternate Reduced Footprint Square Footage," dated received by the Planning Division on July 17, 1997. 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 fintal approval action. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Park Land In-lieu and Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking and Inspection 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. PAGE 3 OF RESOLUTION NO. 175-97 The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185 ($25.00). 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. (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. 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 home, unless otherwise approved by the City Engineer. B. SITE PLANNING A II lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-o.~way. A detailed lighting plan shall be submitted for review aJ'.~d approval by the Planning Division and the Design Review Board prior to issuance of building permits fi~r the home. PAGE 4 OF RESOLUTION NO. 175-97 * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the fi'ont of a building. C. LANDSCAPING o Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shah be submitte4fi~r review and approval by the Planning Division and the Planning Commission. 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 final landscape plans shall be modified to include the planting c~additional minimum 15-galkm specimen trees at the pad elevation 2f the home to provide additional screening. Planting of trees shall provide for a natural appearing transition of trees and landscaping from the grassland areas up to the pad area. All trees shall be provided with an automatic drip waterrag system to be maintained until the trees are established. ShouM any trees not survive the initial planting period, the trees shall be replaced with new trees to the satisfaction of the Planning Division. All trees which are intended to serve as visual mitigation.fi)r the home shall be planted prior to occupancy of the home. All plant material shall be served by an automatic 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. Except as otherwise noted on the landscape 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. All existing trees on the site shall be preserved. Removal will be allowed only upon prior written approval from the Planning Division. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. PAGE 5 OF RESOLUTION NO. 175-97 ARCHITECTURE Final architectural elevations, details and revisions shall be submitted for review and approval by the Planning Division and Planning Commission prior to issuance of building permits for the project. The pad elevation qf the home shall be lowered so that the fi;otprint ,of the home can be located substantially within the fiat pad area at the top of the ridge. The intent ef this condition is to minimize visibility of the home as viewed from below and to allow the planting c~f trees at the pad level to more effectively screen the home. Final pad elevation shall be subject to review and approval by the Planning Division and Planning Commission prior to issuance of a building permit for the home. Colors and materials for home shall be consistent with the colors arid materials board on file with the Planning Division and presented at the public: hearing on this item For fire mitigation, this home shall utilize afire sprinkler system, subject to review and approval by the SR VFPD. A minimum & 000 galkm water tank shall be provided to serve this home subject to review and approval by the Town and the SR VFPD. The water tank shall be designed to be built into the hillside to minimize visibility and landscaping screening shall be provided to .fi4rther screen the water tank. Final design. location, and landscape treatment shall be submitted for review and approval by the Planning Division and Planning Commission prior to issuance of building permit~ fi)r the home. 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 PAGE 6 OF RESOLUTION NO. 175-97 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 compfiance with a detailed soils' report and the construction grading plans prepared for this project, including grading associated with the building site, and driveways. The report shall also identiy~ and evahtate all potential slide repair or stabilization which may be r,~ecessary to allow jbr the safe development qf all aspects of this project. The engineering recommendations outlined in the project s72ec~fic soils report shall be incorporated into the design of this pr(?ject. 77~e report shall inchxde specific recommendations fi;r fimndation design of the proposed buildings and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Any required slide repair or stabilization shah be completed prior to issuance of building permits.fi)r the home. 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 accompamied 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. The 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 7 OF RESOLUTION NO. 175-97 All grading activity shall address National Pollutant Discharge Eliminallion 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)~ A NPDES construction permit may be required, as determined by the City Engineer~ STREETS The private driveway leading from the existing concrete driveway to the new home shall be a minimum of 16 feet wide and be constructed of an all weather surface acceptable to the San Ramon Valley Fire Protection District (SRVFPD). A detailed engineering report shall be prepared to evaluate the condition of the existing concrete driveway. Where necessary, the existing driveway shall be improved to have a minimum load capacity of 40,000 pounds. Where improvements are necessary, the minimum width of the driveway shall be widened to 20 feet. If the construction of retaining walls are necessary, the design of the retaining walls shall be submitted for review and approval the Planning Division and the Design Review Board prior to issuance of building permits for the project. An engineering report shall be prepared to evaluate the load capacity of the existing bridge serving the site. The bridge shall be repaired or reconstructed to support a minimum 40,000 pound load subject to review and approval by the SRVFPD prior to issuance of building permits for the home. If the bridge must be entirely replaced, it shall be constructed subject to review and approval by the Town and the SRVFPD and shall have a minimum width of 20 feet. 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 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. A satisfactory private road and private storm drain maintenance agreement shall be submitted for approval of the City Attorney prior to any Town Council final approval action. All private road maintenance agreements shall include provisions for regular street sweeping. PAGE 8 OF RESOLUTION NO. 175-97 INFRASTRUCTURE Prior to issuance of building permits for the home, the applicant shall submit documentation that all necessary approvals have been obtained from the Contra Costa County Health Department Environmental Health Division pertaining to the provision of a private well and on-site septic system. 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~ 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. 4. 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. All storm water run-off from impervious surfaces introduced as part of' this project shall be collected and conveyed to an appropriate downstream facility, subject to review and approval by the City Engineer. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in. the design, but not the use, may be approved by Town Staff. 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 Cil~ Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects PAGE 9 OF RESOLUTION NO. 175-97 under five acres. ?'he appficant shall dedicate a scenic easement to the Town for the portion of the site below the.fiat pad area which is approved for development, down the steep sloping portions of the site(excluding the approved driveway improvements). The exact location of the scenic easement shall be subject to review and approval by the Planning Division and the Planning Commission prior to issuance of building permits for the home. No development of structures or grading will be allowed in this area. In addition, development rights for the area to be included within the scenic easement shall be dedicated to the Town of Danville. The language of the scenic easement and development right dedication shall be submitted for review by the Town and shall be recorded to run with the title of the parcel prior to issuance qf a buildingpermit for the home. Due to steep slopes, creek areas, and geotechnical instabifities which preclude alternate feasible building locations on the site, as demonstrated through reports submitted by the applicant, the intenl of the condition ~s to prevent fiaure subdivision of this parcel. Prior to the approval of any future lot line adjustment application involving the subject property, the Town shall notify the Planning Commission and provide the Planning Commission with the opportunity to appeal any administrative decision on the lot line adjustment application. APPROVED by the Danville Town Council at a Regular Meeting on November 18, 1997 by the following vote: AYES: Doyle, Waldo, NOES: Arnerich ABSTAIN: None ABSENT: None Greenberg, Shimansky OR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 10 OF RESOLUTION ]NO. 175-97