HomeMy WebLinkAbout2018-09RESOLUTION NO. 2018.09
AppRovING DEVELOPMENT PLAN REQUESTS DEV1,8-0002 AND DEV18-003,
AND VARIANCE REQUEST VAR18-0008, TO ALLOW THE DEVELOFMENT OF
A 6,988 SQUARE FOOT RESIDENCE AND L,989 SQUARE FOOT ACCESSORY
DWELLING UNIT ON A 3.44 ACRE PARCEL. THE VARIANCE REQUESTWOULD
AUTHORIZE THE PROPOSED ACCESSORY DWELLING UNIT TO
ENCROACH A MAXIMUM OF 8'INTO THE REQUIRED MINIMUM
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(APN 1e7-100-0s3)
WHEREAS, AAMIR & NADIA SHAN (Owner) and WILLIAM WOOD ARCHITECTS
(Applicant) have requested approval of Development Plan requests DEV18-0002 and
DEV18-0003 to construct a 6,988 square foot two-story single family residence with an
attached 1,,234 square foot four-car garage, a lap pool, a 682 square foot one-car
garagef shop with a 496 square foot second story storage areaf gaest room addition
attached by u covered breezewa/, and conversion of the existing 1,,989 square foot
residence to an accessory dwelling unit. Variance request VARL8-0008 authorizes the
proposed accessory dwelling unit to encroach a maximum of 8' into the required
minimum 30' front yard setback; and
WHEREAS, the subject site is located at 898 El Pintado Road and is further identified as
Assessor's Parcel Number 197-100-053; and
WHEREAS, the parcel is located within a Town-identified Scenic Hillside 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
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of the California Environmental Quality Act (CEQA), Section L5303, Class 3, New
Construction of a Single Family Residence and Conversion of an Existing Residence. The
proposed project does not propose any unusual characteristics resulting in any significant
impacts relating to traÍÍic, noise, air quality, or water quality; and
WHEREAS, the Planning Commission did review and considered the project at a noticed
public hearing on September 25,2018. The Planning Commission expressed concerns
regarding the Town-protected Coast Live Oak tree (tree #45) proposed for removal and
reconunended that the plans be modified to preserve the tree. The Planning Commission
made motion to continue the item to a future Planning Commission meeting; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on October 23,2018; 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 the Planning Commission
approve the requesü and
WHEREAS, the Planning Commission did hear and consider all reports,
reconunendations, and testimony submitted in writing and presented at the hearing;
now therefore, be it
RESOLVED, that the Planning Comrnission of the Town of Danville approves
Development Plan requests DEV18-0002 and DEV18-0003, and Variance request VAR18-
0008 per the conditions contained herein, and makes the following findings in support of
this action:
FINDINGS OF APPROVAL
Development Plany'Scenic Hillside and Maior Ridgeline/Accessory Dwelling Unit
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, *hi.h rèquires 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
Zoning Ordinance and Scenic Hillside and Major l{idgeline Development
Ordinance.
The accessory dwelling unit will not adversely affect the policy and goals
as set by the 2030 General Plary because the General Plan calls for quality
development and the proposal meets all of the design criteria set by the
Accessory Dwelling Unit Ordinance.
4.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.
5. The proposed siting and architecture of the project will not conflict with the
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PAGE 2 OF RESOLUTION NO.201"8-09
Variance
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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 scenic hillside.
b. The proposed development will preserve features of the scenic hillside
area in essentially its natural state as a part of a comprehensive oPen
space system.
c. The proposed development will coilect all run-off from impervious
surfaces and convey it to vegetated areas and will utilize pervious
pavement 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 landscaping and
will provide for additional landscaping to stabilize slopes, retain
moisture, minimize erosion and enhance the natural scenic beauty and
safety qualities of the hills.
e. The proposed development will preserve the predominant views of the
scenic hillsides and major ridgelines and to retain the sense of identity
and image that these areas now impart to the Town and its environs.
The proposed size of the accessory dwelling unit results in a unit that is in
scale with the receiving property, is not larger than the primary structure
on the properfy, and the accessory dwelling unit is architecturally designed
to mitigate the potential appearance of excessive building massing.
This Variance does not constitute a grant of special privilege inconsistent
with the limitations on other properties in the area and the R-L00; Single
Family Residential District in which the subject property is located.
Because of the following special circumstances applicable to the subject
property, strict application of the zoning regulations would deprive the
subject property of rights enjoyed by others in the general vicinity andf ot
located in the same zoning district.
PAGE 3 OF RESOLUTION NO. 2018-09
a. The Variance allows for the conversion of a legal, non-conforming
residence into an accessory dwelling unit which will continue to
maintain the maximum 8' encroachment into the required minimum 30'
front yard setback. The reduced setback would not adversely impact the
privacy enjoyed by residents occupying surrounding properties.
b. The proposed project meets the intent of the zoning regulations and the
project will be in character with other development within the area and
within the same or similar zoningdistricts within the Town.
This Variance is in substantial conformance with the intent and purpose of
the R-L00; Single Family Residential District in which the subject property
is located.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk 7"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 buitding 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 Development Plan requests DEVI.8-0002 and DEV18-
0003, to construct a6,988 square foot two-story single family residence with
an attache d 1,,234 square foot four-cat garage, alap pool, a 682 square foot
one-car garage/shop with a 496 square foot second story storage
areaf guest room addition attached by a covered breezeway, and
conversion of the existing 'I.,,989 square foot residence to an accessory
dwelling unit; and Variance request VAR18-0008 to authorize the proposed
accessory dwelling unit to encroach a maximum of 8' into the required
minimum 30' front yard setback. The site is located at 898 El Pintado Road
and is located 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 and herein;
a. Project plans, titled "Shan Residence," dated received by the
Planning Division on October 5, 2018, consisting of 19 sheets, as
prepared by William Wood Architects.
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PAGE 4 OF RESOLUTION NO. 2018.09
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b. Geotechnical Investigation Report,
Associates,Inc. and dated JuIy 1'4,2017
AS prepared by GFK &
c. Arborist Report and Addendum Arborist Report, as prePared by
]ennifer Tso Certified Arborist #WE-10270A of Traverso Tree
Service, prepared on April 19,2018 and Octobet 3,2018.
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.
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 $531.93
($fãO.OO plus 57 notices X $0.83 per notice) x three 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 beery 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, allland 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 andf 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 afe 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 o17:30 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
PAGE 5 OF RESOLUTION NO.201,8-09
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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 conditiorç 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 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.
The applicant shall require the contractor and subcontractor to park only
on the construction site.
All constructiory 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 El Pintado Road and the Roadway and Utilities
Easement. '
Planning Division sign-off is required prior to the completion of a Final
Building Inspection
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PAGE 6 OF RESOLUTION NO.2018.09
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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.
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C. LANDSCAPING
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.
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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.
Per Municipal Code Section 32-79.9, the property owner or developer shall
submit a tree security for tree #45, #46, #48, and #49 to the Chief of Planning
prior to the issuance of the building permit or grading permit, whichever
occurs first. The Town shall retain the security until the termination of the
guarantee periods (two full growing seasons after the completion of the
construction activity). Any fund's remaining on the deposit at the
expiration of the guarantee period, and after all the developer's or property
owner's obligations have been satisfied, shall be returned to the developer
or property owner.
The developer and the property owner shall notify the Chief of Planning
of any damage that occurs to a protected tree(s) during construction so
that professionally acceptable methods of treatment may be administered.
The repair of the damage shall be at the exPense of the responsible party
and shall be by professional standards, approved by the Chief of
PAGE 7 OF RESOLUTION NO. 201.8.09
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Planning. Failure to notify the Chief of Planning and/ot to administer
acceptable methods of treatment may result in the issuance of a stop work
order for any permit associated with the project development activity. If
determined necessary by the Chief of Planning, the Town may utilize
security funds submitted as part of the development to retain a qualified
third-party arborist to review the tree(s) and have aîy necessary
mitigation on the tree(s) performed.
D. ARCHITECTURE
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GRADING
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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 change to the approved colors and materials shall require approval of
a revised Scenic Hillside and Major Ridgeline Development Plan
application. A deed notification shall be required to be recorded to runwith
the title of the property which notifies future property owners of the color
and materials restriction.
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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.
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
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PAGE 8 OF RESOLUTION NO.201.8-09
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neafby 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 pefsons 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 (May through October) and, if
construction does occur during the rainy seasorL 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,padberming and other techniques to minimize erosion.
If toxic. or contaminated soil. is encountered during construction, 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 15ú to April 15ú), then a SWPPP shall be
prepared, submitted for approval to the Town, 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
Construction Handbook available for download at the following website:
www
PAGE 9 OF RESOLUTION NO.2018.09
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STREETS
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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 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.
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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.
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).
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
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
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PAGE 10 OF RESOLUTION NO. 2018.09
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6.If a storm drain must cfoss 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.
7 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.
8.Electrical, Eãs, 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 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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tr 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 conformto the Town's Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-1"9) 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.
The property owner shall occupy either the principal or the accessory
dwelling unit. If neither unit is ownel-occupied, then the use of the
property shall revert to a single-family occupancy. Nothing in this section
shall be construed to prohibit one or both of the units remaining vacant.
PAGE 11- OF RESOLUTION NO. 201,8-09
3.
Before obtaining a building permit for the new accessory dwelling unit, the
property owner shall file with the County Recorder a declaration or an
agreement of restrictions, which has been approved by the City Attorney as
to its form and content, and stating that:
a) The accessory dwelling unit shall not be sold separately and may not
be subdivided off from the principal residential unit.
b) The accessory dwelling unit is restricted to the size approved by the
permit allowing the unit. Any changes ProPosed require Town
approval.
c) The restrictions shall be binding upon any successor in ownership or
the property and lack of compliance shall result in proceedings to
revoke the Development Plan Permit.
d) The permit allowing the accessory dwelling unit shall be in effect only
so long as either the primary residence or the accessory dwelling unit
is occupied by the owner of record of the property.
APPROVED by the Danville Planning Commission at a Regular Meeting on October 23,
2018by the following vote:
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AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
CITY ATTORNEY
Combs, Graham, Haberl, Havlik, Fleusler, Radich
Bowles, Verriere
CHAIRMAN
CHIEF OF G
PAGE L2 OE RESOLUTION NO. 201.8.09
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