HomeMy WebLinkAbout2018-05RESOLUTION NO.2018-05
AppRovE DEVELOPMENT PLAN REQUEST DEV17-00L5 ALLOWTNG
THE CONSTRUCTION OF A 4,913 SQUARE FOOT RESIDENCE WITH
AN ATTACHED'j.,174 SQUARE FOOT GARAGE ON A 5.05 ACRE SITE
THIS PARCEL IS LOCATED WITHIN A TOWN.IDENTIFIED
MAIOR RIDGELINE AREA
(APN 217-010-037)
WHEREAS, SANDY MANN (Owner) and MILESTONE ASSOCIATES (Applicant) have
requested approval of a Development Plan request DEV1T-0015 to allow the construction
of a new 4,913 square foot home, with an attached'1,,174 square foot garage on a 5.05 acre
parcel; and
WHEREAS, the subject site is located at 66 Sherburne Hills Road and is further identified
as Assessor's Parcel Number 217-010-037; and
WHEREAS, the parcel is located within a Town-identified Major Ridgeline area; 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 project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303, Class 3, New
Construction. The proposed project is within a parcel that was previously approved for
a single family home and does not propose any unusual characteristics resulting in any
significant impacts relating to traffic, noise, air quality, or water quality; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on May 22,2018; 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 Planning Commission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
no\M, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves
Development Plan request DEV17-0015 per the conditions contained herein, and makes
the following findings in support of this action:
FINDINGS OF APPROVAL
Development Plary'Scenic Hillside and Maior Ridgeline
The applicant intends to obtain permits for construction within 18 months
from the effective date of plan approval.
The proposed project is consistent with the Town of Danville's 2030_General
Plan. The proposal meets the design and development standards listed
within the Town's Single Family Residential Zoning Ordinance
The proposed development is needed at the proposed location to provide
adequate facilities of the type proposed, and traffic congestion will not
likely be created by the proposed project as the improvements will not
create an intensification of use of the property.
The development will be an attractive and efficient development which will
fit harmoniously into, and will have no adverse effects upon the adjacent or
surrounding development.
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The proposed project is consistent with the Town of Danville's 2030 General
Plan, which requires that project design be sensitive to visual impacts
where hillside development occurs. The proposal meets the design and
development standards listed within the Town's Single Family Residential
ZoningOrdinance, and conditions of approval for MS 854-82.
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.
a. The proposed development is consistent with the retention of the
natural character of the major ridgeline. A scenic easement was
dedicated to the Town as part of the approval of the subdivision,
precluding development elsewhere on the site therefore preserving the
natural character of the major ridgeline.
PAGE 2 OF RESOLUTION NO. 2018-05
b. The proposed development preserves features of the major ridgelines
area in essentially its nafural state as a part of a comprehensive open
space system. As approved by the original subdivisioru the proposed
residence will be located within a building pad location determined to
be the most feasible to preserve the natural state of the major ridgeline.
c. The proposed project will collect all on-site run-off and convey it within
an underground pipe which would connect to an existing v-ditch which
runs parallel to Sherburne Hills Road, and ultimately discharges into
Sycamore Creek in order to minimize the water runoff and soil erosion
. problems incurred in adjustment of the terrain to meet on-site and off-
site development needs.
d. The proposed project will retain all existing trees and will provide for
additional screen trees and vegetation to stabilize slopes, retain
moisture, minimize erosion and enhance the natural scenic beauty and
safety qualities of the hills.
e. The proposed project and landscaping will preserve the predominant
views of the scenic hillsides and maior ridgelines and to retain the sense
of identity and image that these areas now impart to the Town and its
environs. The parcel has existing Coast Live Oaks within the scenic
easement that will provide screening of the proposed project on the east,
west, and northern elevations. The applicant will plant a total of seven
additional Coast Live Oaks along with other vegetation adjacent to the
proposed residence to further screen the proposed project from public
views.
PAGE 3 OF RESOLUTION NO.2018-05
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ç"t"') inthe 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 DEV17-0015 allowing the
construction of a new 4,913 square foot home, with an attached'l',174 square
foot garage on a 5.05 acre parcel located within a Town-identified Scenic
Hillside and Major Ridgeline area. The site is located at Sherburne Hills
Road. Development shall be substantially as shown on the project drawings
as follows, except as may be modified by conditions contained herein; and
a.Project plans, titled "Mann Residence," dated received by the
Planning Division on April 4, 2018, consisting oÍ 17 sheets, as
prepared by Milestone Associates.
The appticant 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.
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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 $311.46
($130.00 plus 31 notices X $0.83 per notice) x 2 notifications.
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.
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
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PAGE 4 OF RESOLUTION NO. 2018.05
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California Archeology andf or the Society of Professional Archeolog/, 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 consulied and
involved in making resource management decisions.
Construction activity shall be resfricted to the period between the weekday
hours oÍ7:30 a.m. to 5:30 p.m. (Monday through Friday), 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 andf 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 that are in good conditioru 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 withRegulation2oÍ 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 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.
PAGE 5 OF RESOLUTION NO. 2018-05
,r 11,. The applicant shall require the contractor and subcontractor to park only
on the construction site.
All construction, earth moving, concrete, earth-hauling vehicles shall be
cleaned on the construction site.
All building materials shall be delivered directly to the job site and shall not
be allowed to be staged on Sherburne Hills Road.
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.
2 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.
C. LANDSCAPING
1 Final landscape and irrigation plans (with planting shown at1"=20' scale)
shall be submitted for review and approval by the Planning Division prior
to issuance of building permits. 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 trees shall be planted in
a random manner to provide a natural look along the hillside.
All trees shall be a minimum of 15-ga11on 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.
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PAGE 6 OF RESOLUTION NO.2018-05
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D. ARCHITECTURE
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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.
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 street side landscaping shall be installed prior to final inspection of the
building permit.
The applicant shall submit a cash deposit, or other security acceptable to
the Chief of Planning, in the amount of $10,000. After two full growing
seasons, the Planning Divisions shall inspect the health of the trees that
wete required to be planted. Prior to the Town's release of the security
deposit, the applicant shall be required to replace any of the required trees
that have not survived.
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The street number for the home shall be posted so as to be easily seen from
the street at all times, day and night.
All ducts, meters, air conditioning andf 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.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
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.
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PAGE 7 OF RESOLUTION NO.2018-05
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At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of propefty 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.
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 (Muy 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 fencinç, pad berming and other techniques to minimize erosion.
If toxic or contaminated soil is encountered during constructioru all
construction activity in that area shall cease until the appropriated 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 andf 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. If construction occurs
during the rainy season (October LSu. to April 15.h), then a SWPPP shall be
prepared, submitted for approval to the Towry and implemented to assure
that mud and siltJaden storm runoff are confined to the site. Said plan shall
conform to the latest requirements of the Contra Costa Clean Water
Program, including the California Stormwater Quality Association
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PAGE 8 OF RESOLUTION NO.2018-05
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Construction Handbook available for download at the following website:
]¡rttp: / / www.cabmphandbooks.com/ Construction.asp
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-ofway- 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 public or private 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.
G. INFRASTRUCTURE
1 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.
2.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.
F. STREETS
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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).
Roof drainage from structures shall be collected via a closed pipe and
conveyed onto an approved storm drainage facility.
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
PAGE 9 OF RESOLUTION NO.2018-05
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required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow, prior
to the issuance of a building permit.
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 andf or easements for the construction
of off-site temporary or permanent road and drainage improvements.
Electrical, gàs, 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 subject project shall be installed
underground.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
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H. MISCELLANEOUS
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*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.
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
acfes.
PAGE 1.0 OF RESOLUTION NO.2018-05
APPROVED by the Danville Planning Commission at a Regular Meeting on May 22,2018
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Bowles, Combs, Haberl, Havlik, Heusler, Radich, Verriere
Graham
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CITY ATTORNEY /OF G
PAGE 11 OF RESOLUTION NO. 2018-05
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