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HomeMy WebLinkAbout043-02RESOLUTION NO. 43-2002 DENYING THE APPEAL BY EDWARD AND ROBERTA SCHWARTZ AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF DEVELOPMENT PLAN REQUEST DP 2000-42 AUTHORIZING THE CONSTRUCTION OF A 7,965 +/- SQUARE FOOT HOUSE WITH AN ATTACHED 2,834 +/- SQUARE FOOT GARAGE LOCATED ON A VACANT PARCEL AT 1651 PETERS RANCH ROAD IN A TOWN-IDENTIFIED SCENIC HILLSIDE AREA WHEREAS, Brent and Terry Tucker submitted a Development Plan request DP 2000-42 and received administrative approval authorizing the construction of a 7,965 +/- square foot house with an attached 2,834 +/- square foot garage; and WHEREAS, Edward and Roberta Schwarz submitted an appeal of an administrative approval authorizing the construction of a 7,965 +/- square foot home with an attached 2,834 +/- square foot garage on a 6.4 +/- acre site; and WHEREAS, the subject site is located at 1651 Peters Ranch Road and is further identified as Assessor's Parcel Number 208-570-014; and WHEREAS, the Town of Danville Scenic Hillside/Major Ridgeline Ordinance requires approval of a Development Plan prior to the establishment of a residence in a Town-identified Scenic Hillside/Major Ridgeline area; and WHEREAS, a staff report was submitted recommending that the Planning Commission deny the appeal and uphold the Planning Division's decision to approve the subject Development Plan; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, the Planning Commission did review the appeal at a noticed public hearing on January 22, 2002, and did deny the appeal and uphold the administrative approval of the Development Plan; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA - Section 15303); and WltEREAS, On January 31, 2002, Edward and Roberta Schwarz submitted an appeal of the Planning Commission's denial of the appeal; and WltEREAS, the Town Council did review the appeal at a noticed public hearing on April 16, 2002; 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 deny the appeal and uphold the Planning Commission's decision to approve the subject Development Plan; and WItEREAS, 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 upholds the Planning Commissions action to deny the appeal request and approve DP 2000-42 per the conditions contained herein, and makes the following findings in support of this action: DEVELOPMENT PLAN FINDINGS 1. The proposed project is consistent with the Danville 2010 General Plan. 2. 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. 3. The project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) Section 15303, Class 3. 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 ora building permit for the project. Each item is subject to review and approval by the Plmming Division unless otherwise specified. PAGE 2 OF RESOLUTION NO. 43-2002 A. GENERAL This approval is for a Development Plan request (DP 2001-42) to allow the construction of a 7,936 +/- square foot single family home with an attached 2,834 +/- square foot garage within a Town-identified Scenic Hillside area. 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, Architectural Plans and Floor Plans consisting of 10 sheets, as prepared by Robert Price, AIA, Architect, dated received by the Planning Division on September 6, 2001. b. Preliminary Landscape Plan, consisting of 1 sheet, as prepared by Robert Price, AIA, Architect, entitled Conceptual Landscape Plan, Danville, CA, and dated received by the Planning Division September 6, 2001. c. Geotechnical Exploration for Lot 343, further identified as 1651 Peters Ranch Road, Dated July 15, 1988, revised on August 3, 1988. 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), 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 a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the two public notices. The fee shall be $187.50 (125 notices X $0.75 per notice X 2 public notices). Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or ~vill be, met to the satisfaction of these respective agencies. 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 PAGE 3 OF RESOLUTION NO. 43-2002 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 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. 8. All physical improvements shall be in place prior to occupancy of the home. SITE PLANN1NG 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 applicant shall submit a lighting plan to the Town for review and approval by the Design Review Board (DRB), prior to the issuance of a building permit. Development shall be contained on the existing pad area, at the 760-elevation contour, unless otherwise approved by this permit. No accessory structures shall be allowed on the hillside off the main pad area. Fencing on the parcel shall be limited to open wire fences with natural wood colored posts or wrought iron design. The applicant shall submit a fence plan for review and approval by the Town's Planning Division and the DRB prior to the issuance of a building permit. A revised site plan which depicts the new placement of the home and associated improvements (specified in Condition A. 1 .c.), shall be submitted to the Town of Danville for final review and approval by the Town and the DRB prior to the issuance of a grading permit. PAGE 4 OF RESOLUTION NO. 43-2002 The neighboring residents within 350 feet of the project site shall be notified of the Design Review Board meeting to review the final landscaping, lighting and details. The Town will be the party required to notice the residents and the applicant shall be required to reimburse the Town for noticing efforts for this meeting. This amount includes 57 residents within 350 feet times .75 -- $42.75, and shall be paid to the Town of Danville prior to the issuance of a building permit. LANDSCAPING Screening trees shall be added to the east elevation of the home along the bermed area and scattered on the hillside to provide additional screening from the valley floor. The exact number and location of the additional screening trees shall be reflected on the final landscape plans subject to review and approval by the Planning Division and DRB prior to issuance of a building permit for the project. The landscaping shall be installed prior to issuance of a certificate of occupancy for the house or be guaranteed through a bond or other security acceptable to the Town, equal to 125% of the cost of the landscaping, to be submitted to the Planning Division prior to occupancy of the home. 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 to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. A final landscape plan accompanied by an updated geotechnical report which address concerns related to landscape and irrigation on the project site, shall be submitted for final review and approval by the Design Review Board and the Planning Commission, prior to the issuance of a building permit. The location and size of vineyards allowed on the project site shall be subject to review and approval by the Design Review Board and the Planning Commission, as part of the final landscape plans for the project, and shall incorporate any recommendations contained within the proposed required geotechnical report for the project. PAGE 5 OF RESOLUTION NO. 43-2002 D. ARCHITECTURE The colors and materials shall be as approved by the DRB on August 16, 2001, including: Silverado Weather Edge Ledgestone Veneer" for the body material, a light taupe for the for the stucco trim, copper for the gutters, flashing and accents, and either gray Slate or Hardislate for the roof material. The material board for this project will be on file in the Planning Division. Any changes to the project materials shall be subject to further review and approval by the DRB. The street numbers for each structure in the project shall be posted as to be easily seen from the street at all times, day and night. 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. Development shall be completed in compliance with an updated 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, landscaping design and vineyard design, 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. PAGE 6 OF RESOLUTION NO. 43-2002 10. 11. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the developer shall submit an Erosion Control Plan to the City Engineer for review and approval. This plan shall incorporate erosion control devices such as, the use of sediment traps, silt fencing, pad berming and other techniques to minimize erosion. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal and/or treatment of any contaminated soil shall meet all federal state and local regulations. If deemed appropriate by the Health Department, the applicant shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. 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. A grading and drainage plan prepared by a licensed civil engineer shall be prepared for the project improvements and shall be submitted to the Town of Danville for review under a separate grading permit application. PAGE 7 OF RESOLUTION NO. 43-2002 12. The slope area northeast of the area graded for access to the garage shall be graded and bermed to provide a natural appearing transition into the existing hillside, which shall be subject to review and approval by the Town of Danville as part of the final landscape plan. STREETS 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. INFRASTRUCTURE Prior to the issuance of building permits, the applicant shall submit proof to the Town that the CCCEHD has inspected the existing on-site well for health and safety compliance. 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 structure on the new private road located at the PAGE 8 OF RESOLUTION NO. 43-2002 north property line. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. Roof drainage shall be shown on the requested grading and drainage plan, identified in condition E. 11. 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. MISCELLANEOUS The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. PAGE 9 OF RESOLUTION NO. 43-2002 APPROVED by the Danville Town Council at a Regular Meeting on April 16, 2002 by the following vote: AYE S: NOES: ABSTAIN: ABSENT: Doyle, Greenberg, Waldo, and Shimansky Arnerich MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK PAGE 10 OF RESOLUTION NO. 43-2002