HomeMy WebLinkAbout2022-06
RESOLUTION NO. 2022-06
APPROVING DEVELOPMENT PLAN REQUEST DEV21-0015 ALLOWING THE
DEVELOPMENT OF A NEW 3,979 SQUARE FOOT SINGLE-FAMILY RESIDENCE
ON A 3.19-ACRE PARCEL LOCATED AT 1288 LAWRENCE ROAD
(APN 206-570-005)
WHEREAS, Marshall Schneider (Applicant) and Benny Ng and Agnes Tan (Owners) have
requested approval of Development Plan application DEV21-0015 to allow for a new
single-family residence; and
WHEREAS, the subject site is located at 1288 Lawrence Road is further identified as
Assessor’s Parcel Number 206-570-005; and
WHEREAS, the Town of Danville Planning Commission approved the subject lot as part of
subdivision SD 8219 in July 2010; and
WHEREAS, as a condition of that approval, development of the subject lot requires review
and approval by the Design Review Board and Planning Commission under a separate
Development Plan application; and
WHEREAS, the project is ministerially exempt from the requirements of the California
Environmental Quality Act (CEQA), Section 15303, Class 3; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 22, 2022; and
WHEREAS, the public notice of this action was given in all respects as required by law;
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 Planning Commission approves Development Plan request DEV21-
0015 subject to the conditions contained herein, and make the following findings in support
of this action:
Development Plan:
1. The proposed subdivision is in substantial conformance with the goals and policies
of the 2030 General Plan.
2. The design of the proposed residence is in substantial conformance with the
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applicable R-100; Single Family Residential District zoning regulations.
3. The design of the proposed residence and the type of associated improvements will
not likely cause serious public health problems because water and sanitary facilities
services will be available to the site.
4. The design of the proposed residence 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 residence and proposed 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 approval of the 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 DEV21-0015 related to the
architectural design for a single-family residence to be constructed on a
vacant lot created under previously approved subdivision 8219. The site is
identified as 1288 Lawrence Road, located north of Hidden Hills Place.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein:
a. Site plan, floor plans, roof plans, landscape plans, architectural
elevations, and details labeled “Ng/Tan Residence,” prepared by
Schneider Design Associates, received by the Planning Division on
March 14, 2022.
b. Geotechnical Investigation, Testing, and Observation Services Final
Report, and Testing and Observation Slope Remediation prepared by
Henry Justiniano & Associates, received by the Planning Department on
February 3, 2022.
2. All Town and other related fees that the property may be subject to shall be
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paid by the applicant. 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.
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 issuance of building permit the applicant shall reimburse the Town
for notifying surrounding residents. The fee shall be $182.25 ($120 plus 75
notices x $0.83 per notice x three notices).
* 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. 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
archaeological deposits are discovered during development of the site, local
Native American organizations shall be consulted and involved in making
resource management decisions.
* 6. Construction activity shall be restricted to the period between the weekday
hours of 7:30 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 property owner
shall install a minimum 3’ x 3’ sign at the project entry which specifies the
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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.
* 7. 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.
8. 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.
* 9. 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.
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.
* 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.
C. LANDSCAPING
1. All screen 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.
2. 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.
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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.
* 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.
E. GRADING
* 1. 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.
* 2. 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.
* 3. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord19-4). 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.
* 4. 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.
* 5. All cut and fill areas shall be appropriately designed to minimize the effects of
ground shaking and settlement.
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* 6. Stockpiles of debris, soil, sand, or other materials that can be blown by the
wind shall be covered.
* 7. 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 property owner shall
make provisions for immediate containment of the materials.
* 8. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
* 9. 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.
10. The applicant shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and material
storage area. All staging of construction materials and equipment shall occur
on-site. This plan shall be subject to review and approval by the Town prior
to the issuance of a grading permit.
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. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving, and utilities, shall be constructed in
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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.
4. 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.
G. INFRASTRUCTURE
* 1. The new residence shall be required to connect to public water and sewer
facilities, subject to all permitting requirements and conditions imposed by
EBMUD and CCCSD.
* 2. 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).
* 3. 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 systems 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.
* 4. 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.
* 5. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
* 6. 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.
* 7. The applicant shall furnish proof to the City Engineer of the acquisition of all
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necessary rights of entry, permits and/or easements for the construction of
off-site temporary or permanent road and drainage improvements.
* 8. 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.
H. 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.
* 2. 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 Minor
Subdivision 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.
* 3. As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposition of green waste generated from
land clearing on the site. Prior to obtaining framing inspection approval for
the project, the applicant/owner shall provide the Planning Division with
written documentation (e.g. receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
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* 4. The proposed project shall conform to the Town’s Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
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.
* 5. The project shall conform to the Regional Water Quality Control Board post-
construction C.3 regulations which shall be designed and engineered to
integrate into the project’s overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project’s
Stormwater Control Plan and are to be implemented as follows:
Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant’s approved Stormwater Control Plan for a Small Land
Development Project and shall include drawings and specifications
necessary to implement all measures in the approved plan. The permit
application shall include a completed Stormwater Control Plan for a
Small Land Development Project as published by the Contra Costa Clean
Water Program.
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APPROVED by the Danville Planning Commission at a regular meeting on March 22,
2022, by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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