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HomeMy WebLinkAbout2022-10RESOLUTION NO. 2022-10 APPROVING DEVELOPMENT PLAN REQUEST DEV22-0007 ALLOWING THE DEVELOPMENT OF A 650 SQUARE FOOT WOOD PATIO AND A GUARD RAIL. THE SITE IS LOCATED WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA AT 1401 DUTCH MILL DRIVE (APN 207-081-035) WHEREAS, Walter Langhammer (Applicant) and Stuart and Kimi Casillas (Owners) have requested approval of Development Plan application DEV22-0007 to allow for the development of a 650 square foot wood patio and a guard rail; and WHEREAS, the subject site is located at 1401 Dutch Mill Drive is further identified as Assessor’s Parcel Number 207-081-035; and WHEREAS, under the Town of Danville’s Scenic Hillside and Major Ridgeline Ordinance, development of the subject lot requires review and approval by the Planning Commission under a 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 May 10, 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 DEV22- 0007 subject to the conditions contained herein, and make the following findings in support of this action: FINDINGS OF APPROVAL Development Plan: 1.The proposed development is in substantial conformance with the goals and policies of the 2030 General Plan. 2.The design of the proposed residential development is in substantial conformance DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 2 OF RESOLUTION NO. 2022-10 with the applicable P-1; Planned Unit District zoning regulations. 3.The design of the proposed residential development 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 residential development is 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 residential development 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 DEV22-0007 related to the development of a 650 square foot wood patio and a guard rail on an existing single family residential property. The site is identified as 1401 Dutch Mill Drive. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a.Site plan and details labeled “Casillas Residence,” prepared by Plan Art Construction, received by the Planning Division on April 14, 2022. b.Site plan, architectural elevations, and details labeled “Yard Improvement 1401 Dutch Mill Dr.,” prepared by Horon Lee Se, received by the Planning Division on April 14, 2022. 2.The applicant shall obtain a building permit from the Town’s Building Division prior to the construction of the proposed development. 3.Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $179.80 ($130 plus 60 notices x $0.83 per notice). DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 3 OF RESOLUTION NO. 2022-10 * 4. 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 allowable construction workdays and hours, and lists the name and contact person for the overall project manager and all contractors and sub-contractors working on the job. 5.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. * 6. 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. GRADING * 1. 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 DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 4 OF RESOLUTION NO. 2022-10 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. * 2. 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. * 3. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 4. Stockpiles of debris, soil, sand, or other materials that can be blown by the wind shall be covered. * 5. 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. * 6. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet, or creek. * 7. 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. 8.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. DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 5 OF RESOLUTION NO. 2022-10 D. 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. E. INFRASTRUCTURE * 1. 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). * 2. 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. * 3. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 4. 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. * 5. 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. * 6. All street, drainage or grading improvement plans shall be prepared by a DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 6 OF RESOLUTION NO. 2022-10 licensed civil engineer. F. 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. * 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. DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F PAGE 7 OF RESOLUTION NO. 2022-10 APPROVED by the Danville Planning Commission at a regular meeting on May 10, 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 DocuSign Envelope ID: CF1C72AC-1E8E-4575-A84F-B13563CF8C9F