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HomeMy WebLinkAbout022-01RESOLUTION NO. 22-2001 APPROVING THE APPEAL BY WILLIAM WOOD ARCHITECTS AND OVERTURNING THE PLANNING COMMISSION'S DENIAL OF DEVELOPMENT PLAN DP 2000-32 AND VARIANCE REQUEST VAR 2000-23 ALLOWING THE CONSTRUCTION OF A 4,222 +/- SQUARE-FOOT ADDITION TO AN EXISTING 8,258 +/- SQUARE FOOT HOME IN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA, AND ALLOWING THE ADDITION TO ENCROACH 20 FEET INTO THE MINIMUM REQUIRED 30-FOOT SIDE YARD SETBACK (APN: 202 230 005 -- ZUMBO) WHEREAS, Mike and Bonnie Zumbo have requested approval of a Development Plan (DP 2000-32) and Variance request (VAR 2000-23) to allow the construction of a 4,222 +/- square-foot addition on a parcel located in a Town-identified Major Ridgeline area; to encroach 20 feet into the minimum required 30-foot side yard setback, (resulting in a 10-foot side yard setback); and WHEREAS, the subject site is located at 251 Santiago Court and is further identified as Assessor*s Parcel Number 202-230-005; 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 Town's Major Ridgeline and Scenic Hillside Ordinance requires approval of an Exception to the Ordinance to allow development within 100 feet of a Major Ridgeline; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission did review and deny without prejudice the project at a noticed public hearing on November 14, 2000; and WHEREAS, the Planning Commission's action was appealed by William Wood Architects; and WHEREAS, the Town Council did review the appeal and the project at a noticed public hearing on March 20, 2001; and WHEREAS, a Town Council motion to approve the appeal failed on a 2-2 vote; and WHEREAS, as a result of the Town Council's failure to approve the appeal, the Planning Commissions' denial of the application was upheld; and WHEREAS, subsequent to the Town Council meeting, the applicant submitted a letter requesting the Town Council reconsider the appeal; and WHEREAS, during the Town Council meeting of April 3, 2001, the Town Council voted to reconsider the item during the May 1, 2001 Town Council meeting; and WHEREAS, the Town Council held a public hearing to consider the appeal during a noticed public hearing on May 1, 2001; and WHEREAS~ a staff report was submitted recommending that the Town Council approve the appeal overturning the Planning Commissions' denial and approve the Development Plan and Variance request; 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 approves the appeal by William Wood Architects and overturns the Planning Commission's denial and approves Development Plan request DP 2000-32 and Variance request VAR 2000-23 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, 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 zoning district in which the property is located. Dedication of scenic easements would be consistent with the Town's Major 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 Ridgeiine Ordinance. Due to the location of the existing home, the proposed location for the addition is the only feasible option. PAGE 2 OF RESOLUTION NO. 22-2001 Variance The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area. Because of the special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district. Two thirds of the site is unbuildable because a significant portion of the parcel is steeply sloped and inappropriate for construction. The proposed location within the side yard setback is the most feasible for any addition and is the least visible location on the site. The variance is in substantial conformance with the intent and purpose of the R-100; single-family residential district in which the property is located since the addition allows for the reasonable expansion of a single family home. 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 This approval is for a Development Plan request (DP 2000-32) and Variance request (VAR 2000-23) to allow the construction of a 4,222 +/- square foot addition to an existing 8,258 +/-square foot home within 100 feet of a Town- identified Major Ridgeline and to allow the addition to encroach 20 feet into the minimum required 30-foot side yard setback, resulting in a 10-fbot side yard setback. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Cover Sheet and Site Plan, Conceptual First Floor Plan, Conceptual Second Floor Plan, and Exterior Elevations consisting of 7 sheets, as prepared by William Wood Architect, dated received by fhe Planning Division on July 17, 2000. PAGE 3 OF RESOLUTION NO. 22-2001 Landscape Plan, consisting of 1 sheet, as prepared by Borrecco/Kilian & Associates, Inc., dated received by the Planning Division on April 25, 2001. This landscape plan includes at least 49 native trees including, at minimum, three 24-inch box coast live oak trees (Quercus agrifolia), drifts of large scale evergreen native shrubs such as manzanita (Arctostaphylos m), coyote brush (Baccharis centiennial) and wild lilac (Ceanothus spp.) on the northern property line Landscaping for the southern slope includes approximately 49 trees, including, at minimum, four 48-inch box specimen coast live oak trees (Quercus agrifolia) and 12 coast redwood trees (Sequoia sempervirons). The balance of native trees consists of a mixture of California buckeyes (Aesculus californica) and Valley oak trees (Quercus lobata). The remaining area shall be covered with drought tolerant groundcover and shall be irrigated with drip irrigation. Site Specific Supplemental Geothechnical Investigation Report, as prepared by Terrasearch Inc, dated Februm-y 29, 2000~ 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 Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. 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 $165.00 (110 notices X $0.75 per notice x 2). 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 as to the construction and occupancy of the addition. 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 PAGE 4 OF RESOLUTION NO. 22-2001 11. 12. 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 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 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 workdays. Dust-producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of the addition. 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 remai~fing additional construction activity~ Planning Division sign-off is required prior to the completion of a Final Building Inspection. The applicant shall require the contractor and subcontractor to park only on the construction site. PAGE 5 OF RESOLUTION NO. 22-2001 All construction, earth moving, concrete, and earth hauling vehicles shall be cleaned on the construction site~ Construction debris shall not he washed ~nto the storm drain system All vehicles used to deliver heavy equipment to the job site must leave immediately after delivery and shall not park on Gwen Court or Santiago Lane. 15. All building materials shall be delivered directly to the job site and shall not be allow to be staged on Gwen Court or Santiago Lane~ SITE PLANNENG 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 final lighting plan shall be submitted and approved by the Design Review Board. 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. Any new wells and water storage tanks shall be approved by the Town Chief of Planning and the necessary Environmental Health Division permit inspections shall be obtained A scenic easement shall be established over the portions of the parcel below the 600-foot elevation contour interval. The form of scenic easement shall be approved by the City Attorney prior to issuance of a building permit for the addition. No new construction of structures, grading, or formal landscaping will be allowed within the scenic easement, unless otherwise provided for in the scenic easement deed. LANDSCAPING Final landscaping irrigation plans shall be submitted for approval by the Planning Division. They shall be substantially consistent with the Zumbo Residence Conceptual Landscape Plan prepared by Borrecco/Kilian & Associates, Inc. Landscape Architects dated September 28, 2000 and resubmitted to the Town Planning Division on April 25, 2001, unless otherwise provided through any of these conditions of approval. Plans shall include the 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. PAGE 6 OF RESOLUTION NO. 22-2001 A deed restriction shall be recorded with the title the subject property to read: "Any change in the color of any portion of the home, including the addition, or any planting of tall non-native trees outside the area of the scenic easement shall be subject to the review and approval of the Town's Design Review Board." The property owner shall remove the four Mexican Palm trees in the front yard as well as the two tallest palm trees on the property, as shown on the project 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 landscaped areas not covered by shrubs and trees and located outside the scenic easement area shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. The approved scenic easement landscaping shall be installed prior to occupancy of the addition_and/or release of any bonds deemed necessary by the planning division. The landscaping as shown on the plans shall extend along the entire south rear elevation of tile proposed addition and existing home. All landscaping which will not be impacted by the construction and to the extent otherwise feasible (as determined by the planning division) shall be installed prior to issuance of a building permit for the addition. The native trees shall be staggered along the hillside for a natural appearance. 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 applicant shall submit a cash deposit or other security acceptable to the Chief of Planning, in the amount commensurate with the estimated value of the plant material and labor for installation, in the amount of $25,000, 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 scenic easement deed shall confirm the obligation of successive owners of the property to maintain the landscaping in the scenic easement area in a reasonable condition. PAGE 7 OF RESOLUTION NO. 22-2001 The project landscape architect shall be required to be onsite during the landscape installation to verify proper installation prior to finalization of the building permit. The landscaping shall be subject to the review and acceptance by Town staff to verify that the installation of all required landscape material has been installed in accordance with the plans. 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 All colors and materials shall match the existing residence. Any changes to the exterior colors of all or any portion of the home, including but not limited to the addition shall be subject to further review and approval of the DRB. The maximum height of the addition shall be limited to 28 feet, 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. 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 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. PAGE 8 OF RESOLUTION NO. 22-2001 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. Ail 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. 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. PAGE 9 OF RESOLUTION NO. 22-2001 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 prohibite& 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 warrm~ted by the City Engineer. The applicant shall be responsible for complying with existing CC&Rs related to the subject property's fair share contribution to the existing drainage system. 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. 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. PAGE 10 OF RESOLUTION NO. 22-2001 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. I£ 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. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. The applicant shall repair the portion of the landslide as identified in the Terra Search Site-Specific Geotechnicall Investigation dated February 29, 2000 In addition and if necessary to repair the slide on the applicant's property the applicant shall contact the owner of APN:202-171-019 in an effort to repair the slides on the two properties. Documentation that the applicant has contacted and proposed to work with the adjacent property owner in an attempt to repair the slides on both parcels shall be submitted to the Planning Division prior to issuance of a building permit. 12. Ali additional runoff from impervious surfaces shall be collected and conveyed in an underground pipe to an approved storm drainage facility on Gwen Court. The applicant shall demonstrate a good faith effort to work with the property owner to the west (APN:202-220-011) by proposing to grant drainage rights and/or an easement and to design the new drainage facility to facilitate the undergrounding of all drmnage pipes on both parcels. 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. PAGE 11 OF RESOLUTION NO. 22-2001 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 May 1, 2001 by the following vote: AYES: Doyle, Arnerich, Wa~o NOES: Shimansky, Greenberg \ ~ ABSENT: None ~ ~~ ~ -M'AYOR - k.._) ~ APPROVED AS TO FORM: CITY ATTORNEY ~ ATTEST: CITY CLERK PAGE 12 OF RESOLUTION NO. 22-2001