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HomeMy WebLinkAbout086-00RESOLUTION NO, 86-2000 DENYING THE APPEAL BY JOE AND KRIS SCHRATZ AND UPHOLDING THE PLANNING COMMiSSION'S ACTION ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING DEVELOPMENT PLAN REQUEST DP 99-16 AND LAND USE PERMIT REQUEST LUP 2000-13, ALLOWING EXCEPTIONS TO THE TOWN'S SCENIC HILLSIDE AND MAJOR RIDGELINE ORDINANCE AND THE WIRELESS COMMUNICATION FACILITIES ORDINANCE TO ALLOW THE CONSTRUCTION OF A 4,600+/- SQUARE FOOT HOME AND 30 FOOT HAM RADIO ANTENNA ON A SITE LOCATED WITHIN 100 VERTICAL FEET OF A TOWN-IDENTIFIED MAJOR RIDGELINE (APN: 197-120-017 - MUNDORFF) WHEREAS, Perry and Cindy Mundorff have requested approval of Development Plan request DP 99-16 and Land Use Permit request LUP 2000-13 to allow Exceptions to the Scenic Hillside and Major Ridgeline Ordinance and Wireless Communications Facilities Ordinance to allow the construction of a 4,600+/- square foot two-story single family home and 30 foot ham radio antenna on a 2.34 +/- acre site located within 100 feet of a Town-identified Major Ridgeline; and WHEREAS, the subject site is identified as Parcel B of subdivision MS 144-79 (425 E1 Alamo) and is further identified as APN 197-120-017; and WHEREAS, the Town of Danville's Scenic Hillside and Major Ridgeline Ordinance requires approval of a Development Plan application prior to development of a site located within a Major Ridgeline; and WHEREAS, the Town of Danville's Scenic Hillside and Major Ridgeline Ordinance requires approval of an Exception to the ordinance to allow development within 100 feet of a Major Ridgeline; and WHEREAS, the Town of Danville's Wireless Communication Facility Ordinance requires approval of an Exception to the ordinance to allow development within 100 feet of a Major Ridgeline; and WHEREAS, the Town of Danville's Scenic Hillside and Major Ridgeline Ordinance requires approval of a Land Use Permit application prior to placement of a wireless communication facility on a site located within a Major Ridgeline; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 9, 2000; and WHEREAS, the Planning Commission's action was appealed by Joe and Kris Schratz on the grounds that the Development Plan does not adequately meet the necessary criteria to grant an Exception to the Scenic Hillside and Major Ridgeline Ordinance, and that there may be other sites on the property where the house could be located and cause less visual impacts; and WHEREAS, in response to the appeal process, the applicants are requesting modification of the project approval (i.e., lowering of the building pad by two feet +/- and moving the location of the proposed residence ten feet +/- to lessen the potential visual impacts of the project; and WHEREAS, a staff report was submitted recommending that the Town Council deny the appeal and uphold the Planning Commission's approval; and WHEREAS, the Town Council did review the project at a noticed public hearing on June 20, 2000; and WHEREAS, a Mitigated Negative Declaration of environmental significance has been prepared indicating that, as mitigated through project revisions or recommended conditions of approval, no significant environmental impacts are anticipated to be associated with the project; 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 Town Council of the Town of Danville denies the appeal by Joe and Kris S chratz and upholds the Planning Commission 's approval of Development Plan request DP 99-16 and Land Use Permit request LUP 2000-13 to allow Exceptions to the Scenic Hillside and Major Ridgeline Ordinance and the Wireless Communications Facilities Ordinance 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. PAGE 2 OF RESOLUTION NO. 86-2000 , 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 Seehie Hillside or Major Ridgeline area. The proposed development is in conformance with the zoning district in which the property is located. Dedication of scenic easements would be consistent with the Town' s Maj or Ridgeline and Scenic Hillside Ordinance. , The proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes of the Scenic Hillside and Major Ridgeline Ordinance. Land Use Permit The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policies and goals as set by the 2010 General Plan. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community because the facility would be unmanned and the installation of this facility would not generate a significant level noise. The land use will not encourage marginal development within the neighborhood because the Wireless Communication Facilities Ordinance was designed to preserve the unique visual character of the Town, and has set forth design standards to regulate the type of facility which could be installed. o That special conditions or unique characteristics of the subject property and its location or surroundings axe established. Failure to so find shall result in a denial. , That an Exception to the Wireless Communication Facilities Ordinance should be granted as the ham radio antenna will be less visible in its proposed location and sereened by the PAGE 3 OF RESOLUTION NO. 86-2000 house and landscaping than if located further down the hill. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") 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 99-16 and Land Use Permit request LUP 2000-13 to allow the construction of a 4,600 +/- square foot two- story single family home and 30 foot ham radio antenna within 100 feet of a Town-identified Major Ridgeline. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Development Plan, Site Plan Elevations, Architectural Plans, Floor Plans and Civil Plans consisting of 8 sheets, as prepared by Joseph Gorny, Architect, dated received by the Planning Division on April 5, 2000. Preliminary Landscape Plan, consisting of 1 sheet, as prepared by Leo T. Scharner, dated received by the Planning Division on April 5, 2000. Preliminary Geothechnical Investigation Report, as prepared by the Buller Group, dated June 12, 1999. 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP), Child Care Facilities, Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. PAGE 4 OF RESOLUTION NO. 86-2000 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 $57°00 (76 notices X $0.75 per notice). 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 (SRVUSD) 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 memorandum dated January 26, 2000 The SRVUSD's initial comments on this project are summarized in part in their memorandum dated August 5, 1999. , The applicant shall submit to the Town of Danville a fee in the amount of $25°00, made payable to the Contra Costa County Clerk, which is required to file a Notice of Determination for this proj ecto 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 Califomia 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. 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. 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. 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. PAGE 5 OF RESOLUTION NO. 86-2000 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. 10. 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- producingactivities shall be discontinued during high wind periods. 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. * 12. Planning Division sign-off is required prior to the completion of a Final Building Inspection. 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. 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. A scenic easement shall be established over the portions of the parcel substantially as shown in the landscape plans referenced under Condition of Approval A. 1 above. The final location of the easement shall be subject to review and approval by the Planning Division prior to the issuance of building permits. A deed notification regarding the scenic easement and associated restrictions shall be recorded to run with the deed to this parcel. No construction of structures, grading, or formal landscaping will be allowed within the scenic easement, except for the olive grove approved to be located along the southwest slope within the Scenic Easement. PAGE 6 OF RESOLUTION NO. 86-2000 o The house, location shall be moved ten feet +/- to the south of the location shown on the project drawings, and the building pad lowered two feet +/- below the pad elevations shown on the project drawings. 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. The olive grove 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. 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. Fencing on the parcel shah be limited to open wire fences with natural wood colored posts unless otherwise approved by the Planning Division. The landscaping shall be installed prior to issuance of a certificate of occupancy for the home. Altematively, if the property owner wishes to install the landscaping after occupancy, then all landscape improvements shall be installed within six months after the issuance of the certificate of occupancy of the home. If the landscape improvements are to be installed after occupancy, then the property owner shall submit to the Town a security, acceptable to the Planning Division, which is equal to 125% of the estimated value of the installation of the landscape improvements to guarantee installation. If site construction activity occurs in direct vicinity of the on-site and off-site protected trees, a security deposit in the amount of $5,000.00 shall be posted with the Town in compliance with the Town's Tree Protection Ordinance to assure the preservation of the trees. The security deposit shall be retumed upon verification of the health of the trees following two full growing seasons after project completion. An arborist report shall be completed to evaluate the on site Oak trees. Prior to issuance of a building permit for the construction of the home, the projeet arborist PAGE 7 OF RESOLUTION NO. 86-2000 shall submit a letter to the Planning Division verifying that the arborist has inspected and approved any necessary trimming work and the location of required fencing around the trees. During construction, the Planning Division shall be notified of the date and time of any hand trenching work necessary within the dripline of any of the Oak trees and the Planning Division shall verify compliance with the hand trenching requirement, After substantial completion of the home, but prior to issuance of a certificate of occupancy for the home, the project arborist shall reassess the condition of the Oak trees and make additional recommendations regarding maximizing the health of the trees. Verification of the completion of any necessary additional mitigation shall be submitted to the Planning Division prior to the occupancy of the home, After completion of the proposed landscape improvements, the project arborist shall complete a final assessment regarding the condition of the Oak trees, and compliance with all recommended post- construction mitigation measures via a letter to the Planning Division verifying that all required final mitigation measures have been completed, 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. The following colors and materials are approved for this project: Sherwin Williams SW-2734-Bracken stucco for the body, Sherwin Williams SW-2010- Taupe Tint for the trim and gutter, Elk Prestique - Antique Slate 40 year asphalt composition for the roof material, and tan Keystone for the retaining walls should be used for this project. The material boards and roof tile samples for this project will be on~file in the Planning Division, Any changes to the project colors and/or materials shall be subject to further review and approval by the DRB. The street number for the home shall be posted so as to be easily seen from the street at all times, day and night. The maximum height of the house shah be limited to 28feet, as calculated from the average of the high and low finished grade. 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. The room above the garage is not authorized to be used as a second dwelling unit. If converting the space to a second dwelling unit is desired in the future, the PAGE 8 OF RESOLUTION NO, 86-2000 Eo property owner must apply for and obtain approval of a Land Use Permit, HAM RADIO ANTENNA I. The height of the ham radio antenna and buttefly beam shah not exceed 30feet, 2. The antenna shah be retracted to the fullest extent possible when not in use. 3. The color of the antenna shah be Kelly-Moore 5780-567 Bark Brown, 4. Both the antenna and butterfly beam shah have a non-reflective coating. , Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use application. At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 26-2.2022 and 418.1 of the Danville Municipal Code, including failure to comply with these conditions of approval if the permittee has caused or permitted any public nuisance in connection with this use. This Land Use Permit shall be valid for a time period of five years. Additional time extensions, with a maximum period of five years per extension, may be approved by the Chief of Planning, upon the receipt of a letter requesting the extension by the applicant. Such extension shall be based on a determination that the findings made for approval of the land use permit are still valid. At the discretion of the Chief of Planning, the extension request may be referred to the Planning Commission for consideration and action. ^ All equipment associated with a wireless communication facility shall be removed within 30 days of the discontinuation of the use and the site shall be restored to its original pre-construction condition. Prior to installation of the facility, the service provider shall submit to the Town a letter stating the provider's agreement to remove the equipment within 30 days of discontinued use of the facility. In addition, the service provider shall provide the Town with a notice of intent to vacate a sile a minimum of 30 days prior to the vacation. The property owner must work with the neighbors to reduce any interference to the fullest extent possible. PAGE 9 OF RESOLUTION NO. 86-2000 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. A recommendation from a licensed geotechnical engineer addressing soil slippage due to irrigation of the olive trees shall be completed prior to issuance of a grading permit, and incorporated into the design of the 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 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. 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. PAGE 10 OF RESOLUTION NO. 86-2000 Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be coveredo 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. STREETS 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 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 sluny 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 the issuance of a building permit. All private road maintenance agreements shall include provisions for regular street sweeping. PAGE 11 OF RESOLUTION NO, 86-2000 INFRASTRUCTURE Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Munieipal 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 (CCCSD) sewer system in accordance with the requirements of CCCSD. 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. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. 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. 9. 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 12 OF RESOLUTION NO. 86-2000 I. 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. * 2, 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 Town Council at a regular meeting on June 20, 2000 by the following vote: AYES: Greenberg, NOES: None ABSTAIN: None ABSENT: None Doyle, Arnerich, Shimansky, Waldo MAYOR APPROVED AS TO FORM: CITY ATTORNEY C:*~ ATTEST: PAGE 13 OF RESOLUTION NO. 86-2000