HomeMy WebLinkAbout2021-05PAGE 1 OF RESOLUTION NO. 2021-05
RESOLUTION NO. 2020-05 APPROVING DEVELOPMENT PLAN REQUEST DEV20-0012 RELATED
TO THE ARCHITECTURAL DESIGN FOR FOUR SINGLE FAMILY
RESIDENCES TO BE CONSTRUCTED ON FOUR VACANT LOTS
CREATED UNDER A PREVIOUSLY APPROVED SUBDIVISION
LOCATED AT LOYAL DRAGON PLACE ON THE SOUTH SIDE OF THE
TERMINUS OF CULET RANCH ROAD
WHEREAS, VIAM Danville LLC (Owner/Applicant) have requested approval of a
Development Plan request (DEV20-0012) allowing the development of four single family
residences; and
WHEREAS, the subject site is located at Loyal Dragon Place, and is further identified as
APNs: 206-690-002, 003, 004 & 005; and
WHEREAS, the Conditions of Approval for SD 8652 requires a Development Plan prior
to development of the site; and
WHEREAS, the Conditions of Approval require review and approval of the Development
Plan application by the Planning Commission; and
WHEREAS, the project is ministerially exempt from the requirements of the California
Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 14, 2021; 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 request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Danville Planning Commission approves Development Plan
request DEV20-0012 subject to the conditions contained herein, and make the following
findings in support of this action:
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Development Plan
1. The architecture is in substantial conformance with the goals and policies of the 2030
General Plan, and the construction of high-quality residential neighborhoods that
are compatible with the existing neighborhood.
2. The design of the proposed architecture is in substantial conformance with the
applicable P-1; Planned Unit Development District and R-15; Single Family
Residential District zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facility
services will be available to the five new lots and the site will connect to public
water and sewer facilities.
4. The design of the proposed architecture and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred.
5. The design of the proposed architecture and improvements will not conflict
with easements, acquired by the public at large, for access through or use of property
within the proposed subdivision.
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
Town Council approval of the initial final map for the project. Each item is subject to
review and approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Development Plan request DEV20-0012 related to the
architectural design for four single family residences to be constructed on
four vacant lots created under previously approved subdivision. The site is
identified as Loyal Dragon Place, located on the south side of the terminus
of Culet Ranch Road (APNs: 206-690-002, 003, 004, & 005). Development
shall be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein:
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a. Site plan, floor plans, roof plans, architectural elevations and details,
and landscape plans labeled “New Single-Family Houses, VIAM
Danville LLC, Loyal Dragon Pl,” dated received by the Planning
Division on July 16, 2021.
2. 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 and prior to any Town Council
final approval action. Notice should be taken specifically of:
Fees due at building permit issuance:
1. Child Care Facilities Fee..................................... $ 335/unit
2. Finish Grading Inspection Fee .............................. $ 86/lot
3. Storm Water Pollution Program Fee .................. $ 56/unit
4. SCC Regional Fee ............................................. $ 1,544/unit
5. Residential TIP Fee .......................................... $ 2,000/unit
6. Tri-Valley Transportation Fee ........................ $ 4,902/unit
7. SCC Sub-Regional Fee…………………………$ 4,259/unit
3. 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 $189.76 (72
notices X $0.83 per notice X two notices + $130.00).
* 4. 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.
* 5. 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 workdays and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
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contractors working on the job.
* 6. 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.
* 7. 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. 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.
* 9. Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
10. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of project
clearing and grading activity. Evidence that the developer has offered the
cleaning and completed the cleaning shall be submitted to the Planning
Division.
11. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
necessary, following the Planning Division’s review of the specialist’s
assessment, the applicant shall develop and implement a rodent control
plan to reduce impacts to surrounding properties to the extent reasonably
possible for the time periods of heavy construction activity. The report shall
include a schedule for regular rodent inspections and mitigation in
conjunction with the developer and the Town based on the development
schedule for the project. This report shall be subject to review and approval
by the Planning Division.
B. 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.
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* 2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
3. The driveway aprons within the open space strip shall be a maximum width
of eight feet, or the minimal width necessary to be functional, as determined
by the Planning Division, within the open space area, flaring to the full
driveway width as the driveway gets closer to the garage.
C. LANDSCAPING
1. Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Design Review Board.
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.
The final landscape plans shall include upgraded landscaping for Lot 4,
including additional specimen trees.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
* 3. 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.
* 4. 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.
* 5. The land scape plans shall be modified to include landscaping within the
open space easement along Culet Ranch Road, including the existing home
on lot one.
D. ARCHITECTURE
* 1. 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.
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* 2. The street numbers for each structure in the project shall be posted so as to be
easily seen from the street at all times, day and night by emergency service
personnel.
* 3. The architectural plans for Lot 4 are not approved at this time. The project
architect shall prepare revised plans for this lot which include a full story
split-level pad design to reduce the perceived massing of the building from
the adjacent streets. Plans shall include a three-dimensional
rendering/model. Should the project architect choose to pursue a plan that
does not include a full story split-level pad design, the architect shall be
required to install story poles on the site showing the proposed maximum
elevation of the proposed residence for review by the Design Review Board.
A full story split-level pad design may be required by the Design Review if
found necessary to assure massing for the residence that is in character with
the surrounding neighborhood. The final design shall be subject to review
and approval by the Design Review Board prior to issuance of building
permits or grading permits for Lot 4.
4. Final architectural elevations, details, colors and material, and revisions for
all four lots shall be submitted for review and approval by the Design
Review Board prior to issuance of building permits for the project.
5. All fences within this project shall be constructed using pressure treated
Douglas Fir, Redwood or Cedar fence posts and shall include minimum 2"x
8" kickboards (which shall also be pressure treated of the same species).
Fencing details for all fencing shall be reviewed and approved by the Design
Review Board. No fence along the side or rear yard may exceed 6 feet in
height.
6. All garages shall be a minimum of 22 feet deep by 20 feet wide.
E. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. 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
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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.
* 3. Development shall be completed in compliance with a 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 and shall
be subject to review and approval by the Town's Engineering and Planning
Divisions.
* 4. 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.
* 5. 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). 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.
* 6. 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.
* 7. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. 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
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creek.
* 10. All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents shall
also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
F. STREETS
* 1. 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.
* 2. 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.
* 3. 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.
* 4. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
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 water
system in accordance with the requirements of District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
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3. 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.
* 4. 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.
* 5. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 6. 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.
* 7. All new utilities required to serve the development shall be installed
underground.
H. MISCELLANEOUS
* 1. 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.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights through
private negotiations. If the applicant is unsuccessful in negotiations, the
applicant shall apply to the Town for use of eminent domain powers in
accordance with Town Resolution No. 78-85. All easement rights shall be
secured prior to Town Council final approval of any subdivision map. All
costs associated with such acquisition shall be borne by the applicant.
3. A maintenance agreement providing for the common maintenance of the
open space easement along Culet Ranch Road and Loyal Dragon Place shall
be prepared and submitted for review and approval by the Town. In
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addition, a private landscape maintenance easement and separate water
meter(s) shall be provided for the common landscape open space strip.
* 4. Use of a private gated entrance is expressly prohibited.
* 5. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
APPROVED by the Danville Planning Commission at a regular meeting on September
14, 2021, by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
___________________________________
CHAIR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________________ CITY ATTORNEY CHIEF OF PLANNING
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