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Home My WebLink AboutASRPC 20230124 06.1 PLANNING COMMISSION STAFF REPORT 6.1 TO: Chair and Planning Commission January 24, 2023 SUBJECT: Resolution No. 2023-01, denying an appeal and upholding the Town’s administrative action conditionally approving Development Plan request DEV22-0002 to allow the construction of a new single-family residence located at 24 Noble Oaks Lane (APN 206-160-032) DESCRIPTION/BACKGROUND The subject property, 24 Noble Oaks, was created as part of Minor Subdivision MS 851- 2020 which was approved by the Planning Commission on November 10, 2020. A condition of approval for this minor subdivision requires that the residences to be constructed on all four newly created lots be reviewed and approved by the Town and the Design Review Board under separate Development Plan applications. The Town received Development Plan request DEV22-0002 which would allow for the construction of a new 7,587 square foot two-story single-family residence with a 690 square foot detached accessory dwelling unit and would take access from Noble Oaks Lane. The Development Plan went before the Design Review Board on March 24, 2022 and was approved with the caveat that it would return for final approval of the color and material board. The final colors and materials were returned to the Design Review Board on May 12, 2022 and were approved. The Town administratively issued an Appealable Action Letter on March 30, 2022, intending to approve the Development Plan application on April 12, 2022 (Attachment E). On April 8, 2022, the Town received an appeal of this approval from Izzat Nashashibi on behalf of Howard Sui (Attachment F), owner of 1465 Lawrence Road. The appeal letter raises issues regarding the property’s ability to gain access from Noble Oaks Lane due to the parcel not possessing easement and utility rights. In response, the applicant updated the proposed plans to take access from Lawrence Road as opposed to Noble Oaks Lane. The updated plans were shared with the appellant who continues to raise issues regarding access and utilities. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The appeal process allows for both applicant and surrounding property owners to speak to the Planning Division’s administrative decision (i.e., the entirety of the action is open 24 Noble Oaks Lane 2 January 24, 2023 for review through the appeal hearing process). The Planning Commission must take into consideration the requisite findings made prior to approving a Development Plan request, which are as follows: a.The proposed development would not be detrimental to the health, safety and general welfare of the Town; b.The proposed development would not adversely affect the orderly development of property within the Town; c.The proposed development would not adversely affect the preservation of property values and the protection of the tax base within the Town; d.The proposed development would not adversely affect the policy and goals as set by the General Plan; e.The proposed development use would not create a nuisance and/or enforcement problem within the neighborhood or community; f.The proposed development will not encourage marginal development within the neighborhood. The Town’s evaluation of the Development Plan request following the receipt of the written appeal letter did not result in a modification to staff’s initial decision to approve the Development Plan. It is the Town’s finding that the project complies with all development standards outlined in the Town’s Single Family Residential Districts Ordinance for lots zoned R-40; Single Family Residential District. The Town believes the following findings for approval can be made: •The proposed development would not be detrimental to the health, safety, and general welfare of the Town since the creation of this lot under Minor Subdivision MS 851-2020 anticipated the development of single-family residential units on each of the four newly created lots. •The proposed development would not adversely affect the orderly development of property within the Town since this lot was created with the knowledge that single-family residences would be constructed on each newly created lot in this subdivision. •The proposed development would not adversely affect the preservation of property values and the protection of the tax base within the Town since single- family residential developments are allowed by right on lots with a land use designation of Single Family Residential, Country Estates. 24 Noble Oaks Lane 3 January 24, 2023 •The proposed development would not adversely affect the policy and goals as set by the General Plan since the proposed development is a single-family residential use which is allowed by right and complies with the development standards and land use requirements contained within the Town’s Residential - Single Family Residential zoning ordinance. •The proposed development would not create a nuisance and/or enforcement problem within the neighborhood or community since the proposed development complies with all development standards for lots zoned R-40; Single Family Residential District. •The proposed development will not encourage marginal development within the neighborhood being that similar low-density residential development currently exists and is anticipated on neighboring lots. Response to the Appeal In the appeal letter, the appellant raises a number of issues regarding the use of the adjacent Nobel Oaks Lane private accesses easement, including access and utility rights. Howard Sui, the appellant and owner of the Noble Oaks access easement, has stated that he will not allow the 24 Noble Oaks lot to use the easement for access. It is the Town’s position that this private easement constitutes a private agreement which the Town has no authority to interpret or enforce. Disputes over the use of the easement are a private civil matter and must be resolved between the affected property owners. As a result, the Town has no authority to support the appeal based on these private rights issues. In response to Mr. Sui’s concerns, the applicant reconfigured the development plans to gain access from Lawrence Road rather than Noble Oaks Lane. The Town Transportation Manager reviewed the proposed new driveway location and found no safety issues related to its location on Lawrence Road. Since the subject lot previously abandoned abutter rights from Lawrence Road, the Town would revise the final map for the project allowing the driveway. The Town corresponded with the appellant, sharing the newly proposed access point which would no longer require the use of the Nobel Oaks access easement and would address the initial concern outlined in the appeal letter. The appellant responded with a new letter (Attachment G) containing additional issues regarding the proposed development, including; 24 Noble Oaks Lane 4 January 24, 2023 •The proposed residence should be accessed from an existing driveway from Lawrence Road located further to the south. Again, the Town has reviewed and recommends approval of the proposed driveway location. The front of the proposed residence is oriented toward Nobel Oaks Ln. and the garages and driveway face Lawrence Road. •The proposed residence faces Noble Oaks Lane rather than Lawrence Road. The appellant is concerned that the orientation of the residence would encourage visitors to park along Noble Oaks Lane. While this is a private civil matter which the Town will not enforce, the proposed residence has a six-car garage and a large paved driveway which could accommodate multiple visitors, if required. There are three additional parcels east of 24 Noble Oaks Lane which maintain the rights to access from Noble Oaks Lane. Additionally, the applicant has informed Town staff that the northern orientation of the residence is due to a religious belief of auspicious direction. •The proposed residence includes a walkway leading to Noble Oaks Lane and that the existing fence running along Noble Oaks Lane should remain to block any pedestrian access. Again, use of the easement and fence construction are private civil matters which the Town will not interpret or enforce. •The proposed residence should have a Lawrence Road address as it will confuse emergency response teams and the property will not have access from Noble Oaks Lane. Addresses are assigned in consultation with the San Ramon Valley Fire Protection District and the Postal Service. Both agencies have approved the Nobel Oaks address. It is also generally easier for emergency response teams to locate a property on a smaller street with fewer addresses rather than a larger street such as Lawrence Road. PUBLIC CONTACT Public notice of the January 24, 2023, hearing was mailed to property owners within 750 feet and posted online. A total of 27 notices were mailed to surrounding property owners. 24 Noble Oaks Lane 5 January 24, 2023 RECOMMENDATION Deny the appeal and uphold the Town’s administrative action approving Development Plan Request DEV22-0002, to allow the construction of a new single-family residence located at 24 Noble Oaks Lane, subject to the findings of denial contained within Resolution No. 2023-01. Prepared by: Riley Anderson-Barrett Project Planner Attachments: A – Resolution No. 2023-01 B – Public Notification and Map & Notification List C – Original Site Plan D – Revised Site Plan E - Town’s Appealable Action Letter Approving the Development Plan Request F – Letter of Appeal G – Supplementary Letter from Appellant RESOLUTION NO. 2023-01 DENYING AN APPEAL AND UPHOLDING THE TOWN’S ADMINISTRATIVE ACTION CONDITIONALLY APPROVING DEVELOPMENT PLAN REQUEST DEV22-0002 TO ALLOW THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE LOCATED AT 24 NOBLE OAKS LANE (APN 206-160-032). WHEREAS, the applicant (AJ Sekhon) applied for a Development Plan to allow the construction of a new single-family residence located at 24 Noble Oaks Lane; and WHEREAS, the Development Plan request would allow for the construction of a new 7,587 square foot two-story single-family residence with a 690 square foot detached accessory dwelling unit; and WHEREAS, the subject site is located at 24 Noble Oaks Lane and is further identified as Assessor’s Parcel Number 206-160-032; and WHEREAS, a Development Plan application is required prior to construction of any residential unit on all lots created as a result of minor subdivision MS 851-2020, as specified in the conditions of approval; and WHEREAS, the proposed architectural design and landscaping plans were reviewed and recommended for approval by the Design Review Board on March 24, 2022, and then returned for final approval of the colors and materials on May 10, 2022; and WHEREAS, the Town issued an Appealable Action Letter on March 30, 2022, which would administratively approve Development Plan request DEV22-0002 on April 12, 2022; and WHEREAS, an appeal filed by Izzat Nashashibi on behalf of Howard Sui in response to the Appealable Action Letter approving Development Plan request DEV22-0002 was received by the Town on April 8, 2022; 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; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 24, 2023; and WHEREAS, the public notice of this action was given in all respects as required by law; and ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2023-01 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 denies the appeal and upholds the administrative approval of Development Plan DEV22-0002, and makes the following finding in support of this action: FINDINGS OF DENIAL: 1.The private easement constitutes a private agreement which the Town has no authority to interpret or enforce. Disputes over the use of the easement are a private civil matter and must be resolved between the affected property owners. As a result, the Town has no authority to support the appeal based on these private rights issues. APPROVED by the Danville Planning Commission at a regular meeting on January 24, 2023, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING NOTICE OF A PUBLIC HEARING Danville Planning Commission Meeting Tuesday, January 24, 2023, at 5:00 p.m. | Town Meeting Hall, 201 Front Street Project Name: 24 Noble Oaks Lane Development Plan Appeal Case File Nos.: DEV22-0002 Location: 24 Noble Oaks Lane| APN: 206-160-032 Description: Appeal of the Town’s administrative action conditionally approving Development Plan request DEV22-0002 to allow the construction of a new single-family residence located at 24 Noble Oaks Lane (APN 206-160-032). Property Owner/ Applicant: Amrinder Sekhon 24 Noble Oaks Lane Danville, CA 94506 Staff Contact: Riley Anderson-Barrett, Associate Planner (925) 314-3314 Randersonbarrett@danville.ca.gov All interested persons are encouraged to attend and be heard at the scheduled public hearing at 5:00 p.m. on Tuesday, January 24, 2023, at the Town Meeting Hall at 201 Front Street, Danville, CA. NOTE: If you challenge the Town’s decision on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town at, or prior, to the public hearing. In compliance with the Americans with Disabilities Act, the Town of Danville will provide special assistance for disabled citizens.  If you need special assistance to participate in this meeting, please contact the City Clerk (925) 314-3388.  Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II] ATTACHMENT B Vicinity Map and Hearing Notice Boundary 24 Noble Oaks Lane PROJECT SITE 123456 789101112131415 161718192021222324 25262728 A B C D E APN NAME ADDRESS CITY STATE ZIP 206160013 PERREIRA KEVIN P PO BOX 1688 ORINDA CA 94563 206160017 BRYANT ST PROFESSIONAL COMPLEX PO BOX 3415 FREMONT CA 94539 206160007 SINGH TAPRAJ 10 MEADOW LAKE DR DANVILLE CA 94506 206210008 LIBBY ROBERT A SR & JOAN TRE 1051 SERPENTINE LN #300 PLEASANTON CA 94566 206160006 SPURR ROBERT S & JOANNE TRE 11 MEADOW LAKE DR DANVILLE CA 94506 206020070 JAKOVLESKI ALEXANDRE TRE 1400 LAWRENCE RD DANVILLE CA 94506 206210007 LIBBY ROBERT A SR & JOAN TRE 1430 LAWRENCE RD DANVILLE CA 94506 206210016 AHN JOOYOUNG & HYUN SOOK TRE 1450 LAWRENCE RD DANVILLE CA 94506 206160019 RICHARDS JAMES B 1463 LAWRENCE RD DANVILLE CA 94506 206210015 SANGHRAJKA ASHISH & SHAILEE 1470 LAWRENCE RD DANVILLE CA 94506 206160034 NARAYANAM NALIN K & SANGEETHA 1475 LAWRENCE RD DANVILLE CA 94506 206210011 SUN MICHAEL C 1520 LAWRENCE RD DANVILLE CA 94506 206210013 ANTHON JAMES E JR & KATHERINE 1530 LAWRENCE RD DANVILLE CA 94506 206210014 FLOOD THOMAS M TRE 1570 LAWRENCE RD DANVILLE CA 94506 206210009 MONKOWSKI JOSEPH & JANICE TRE 1580 LAWRENCE RD DANVILLE CA 94506 206160027 MOSLE JAMES W & ANN C TRE 1591 LAWRENCE RD DANVILLE CA 94506 206160033 BLU LEAF PROP SOLUTIONS LLC 1870 38TH AVE SAN FRANCISCO CA 94122 206160008 VALENTINE MICHAEL & JEAN TRE 20 MEADOW LAKE DR DANVILLE CA 94506 206020095 WENDT RANCH GHAD 2010 CROW CANYON PL #250 SAN RAMON CA 94583 206160021 MELIN BARRY E & HEIDI M TRE 21 MEADOW LAKE DR DANVILLE CA 94506 206160022 REULING IRVIN R & MARIE P 25 MEADOW LAKE DR DANVILLE CA 94506 206160024 MASTORAKIS ANDREW & RHONDA TRE 28 MEADOW LAKE DR DANVILLE CA 94506 206160023 DREYER MICHAEL L & AMY S TRE 29 MEADOW LAKE DR DANVILLE CA 94506 206640035 YANAMANDRAM SRIKANTH 326 LA SPEZIA CT DANVILLE CA 94506 206160014 MARGE MARIO J & MICHELLE J TRE 40 MEADOW LAKE DR DANVILLE CA 94506 206160020 BRETON ANNA J TRE EST OF 48 ROSEMEAD CT DANVILLE CA 94526 206160032 HD 1475 LAWRENCE RD LLC 696 SAN RAMON VALLEY BLVD #416 DANVILLE CA 94526 OHW OHW OHW OHW OHW OHW OHW OHW OHW O H W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W #26 #25 #27 #33 #32 #31 #30 #29 #28 LANDSCAPE ARCHITECTURE LAND PLANNING 1615 BONANZA STREET SUITE 314 WALNUT CREEK, CA 94596 TEL: 925.938.7377 6' HIGH WOOD GOOD NEIGHBOR FENCE ITALIAN CYPRESS TREES CONCRETE MOTORCOURT W/ 18" WIDE PERIMETER BANDS AND DIAGONAL SCORE PATTERN EVERGREEN HEDGES 6' HIGH DECORATIVE PRIVACY FENCE WITH ENTRY TO COURTYARD CONCRETE DRIVEWAY AT ADU ENTRY WALK W/ POURED IN PLACE CONCRETE PAVERS W/ DECORATIVE GRAVEL BETWEEN 6' HIGH DECORATIVE PRIVACY FENCE PRECAST PLANTER WITH SPHERICAL SHRUB WATER FEATURE AT INTERSECTION OF WALKWAYS DECORATIVE GRAVEL OR DECOMPOSED GRANITE BARK AREA WITH GEOMETRICALLY SPACED SHRUBS DECOMPOSED GRANITE OR DECORATIVE GRAVEL AUXILIARY PARKING AREA 6' HIGH WOOD GOOD NEIGHBOR FENCE 6' HIGH WOOD GOOD NEIGHBOR FENCE CONCRETE DRIVEWAY WITH SCORING BARK AREA WITH GEOMETRICALLY SPACED SHRUBS SPECIMEN PALM TREE SPECIMEN PALM TREE CONCRETE PATIO WITH SCORE PATTERN EVERGREEN HEDGES CONCRETE PATIO WITH SCORE PATTERN 6' HIGH DECORATIVE PRIVACY FENCE W/ GATE ACCESS TO REAR YARD 6' HIGH WOOD AND WIRE FENCE SPANNING ACROSS BIO RETENTION AREA BIORETENTION AREA WITH C-3 PLANTINGS #XX MASONRY COLUMN W/ ADDRESS EXISTING TREES TO BE REMOVED FRUITLESS OLIVE TREE FRUITLESS OLIVE TREES EXISTING TREES TO REMAIN MASONRY COLUMN W/ MAILBOX ATTACHMENT C LANDSCAPE ARCHITECTURE LAND PLANNING 1615 BONANZA STREET SUITE 314 WALNUT CREEK, CA 94596 TEL: 925.938.7377 A B C OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W #26 #25 LANDSCAPE ARCHITECTURE LAND PLANNING 1615 BONANZA STREET SUITE 314 WALNUT CREEK, CA 94596 TEL: 925.938.7377 OHW OHW OHW OHW OHW OHW OHW OHW OHW O H W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W OH W #26 #25 #27 #33 #32 #31 #30 #29 #28 LANDSCAPE ARCHITECTURE LAND PLANNING 1615 BONANZA STREET SUITE 314 WALNUT CREEK, CA 94596 TEL: 925.938.7377 #XX LANDSCAPE ARCHITECTURE LAND PLANNING 1615 BONANZA STREET SUITE 314 WALNUT CREEK, CA 94596 TEL: 925.938.7377 MYRTUS C. 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'GOLF BALL'GOLF BALL PITTOSPORUM W E S T R I N G I A F R U T I C O S A ' M U N D I ' L O W C O A S T R O S E M A R Y SANSEVIERIA TRIFASCIATA 'LAURENTII'STRIPED MOTHER-IN-LAW'S TONGUEBACCHARIS PILULARIS ‘TWIN PEAKS’DWARF COYOTE BRUSH J U N C U S P A T E N S C A L I F O R N I A R U S H MIMULUS AURANTIACUSSTICKY MONKEY-FLOWER S A L V I A C L E V E L A N D I I ' W I N N I F R E D G I L M A N ' B L U E S A G E W E S T R I N G I A F R U T I C O S A ' G R E Y B O X ' D W A R F C O A S T R O S E M A R Y M Y R I C A C A L I F O R N I C A P A C I F I C W A X M Y R T L E ELYMUS CONDENSATUS 'CANYON PRINCE'CANYON PRINCE WILD RYERHUS INTEGRIFOLIALEMONADE BERRY ROSA C A L I F O R N I C A CALI F O R N I A W I L D R O S E P H O E N I X C A N A R I E N S I S C A N A R Y I S L A N D D A T E P A L M “Small Town Atmosphere Outstanding Quality of Life” APPEALABLE ACTION LETTER March 30, 2022 TO AREA RESIDENTS The Town of Danville has received a Development Plan application (DEV22-0002) from Amrinder Sekhon (Property Owner/Applicant) involving the residential property located at 24 Noble Oaks Drive, Danville, further identified as Assessor’s Tax Parcel Number APN: 206-160-032. The Development Plan request seeks approval for the construction of one new 7,587 square foot single-family residence with a 690 square foot detached accessory dwelling unit (ADU). This project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Class 1, § 15301 (new construction). The Town is prepared to take administrative action conditionally approving this application on April 12, 2022. Unless the Town receives a written appeal of this decision by 5:00 P.M., April 11, 2022, accompanied by the requisite appeal fee, this action will be final. Findings of Approval and Conditions of Approval are enclosed for review. Additional information on this request is available for public review at the Town Offices, 510 La Gonda Way by appointment. Questions regarding this matter may be directed to Riley Anderson-Barrett, Project Planner, at randersonbarrett@danvillle.ca.gov or (925) 314-3314 at your convenience. Sincerely, David Crompton Chief of Planning ATTACHMENT E DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 2 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 FINDINGS OF APPROVAL 1. The proposed development will not adversely affect the policy and goals as set by the 2030 General Plan. 2.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. 3.The proposed development is in substantial conformance with the zoning district in which the property is located, by meeting all height requirements and other setback requirements. 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 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 1.This approval is for a Development Plan request to allow the construction of one new 7,587 square foot single-family residence with a 690 square foot detached accessory dwelling unit (ADU). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a.Architectural drawings prepared by William Hezmalhalch Architects Inc., labeled “Sekhon Residence,” consisting of 7 sheets, and dated received by the Planning Division on March 15, 2022. b.Landscape Plans prepared by Ripley Design Group, labeled “Sekhon Residence,” consisting of 5 sheets, and dated received by the Planning Division on March 15, 2022. c.Stormwater Control Plan, consisting of 15 sheets, and Grading & Drainage Plan, consisting of 2 sheets, prepared by Carlson, Barbee & DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 3 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 Gibson, Inc., and dated received by the Planning Division on March 2, 2022. 2.Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $142.45 ($130.00 plus 15 notices X $0.83). * 3. 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. * 4. 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. * 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. * 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. DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 4 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 * 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. 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. C. LANDSCAPING * 1. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation and plant material shall comply with Town of Danville Model Water Efficient Landscape Ordinance (MWELO) Ordinance. * 2. 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. 3.The applicant will work with staff to update the Landscaping Plan to address the comments received from the Design Review Board, including adding additional trees to provide screening. 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. DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 5 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 * 2. The street numbers for each building in the project shall be lighted and posted so as to be easily seen from the street at all times, day and night by emergency service personnel. 3. The applicant will provide a colors and materials board to return for review by the Design Review Board. The colors will reflect the board member’s comments to darken the stone and roofing and materials. 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 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. 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 all or part of the 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 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 DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 6 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 construction permit may be required, as determined by the City Engineer. * 5. 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. * 6. All cut and fill areas shall be appropriately designed to minimize the effects of ground shaking and settlement. * 7. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. * 8. 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 creek. 9. Grading operation and grading inspection shall be in accordance with the Grading and Drainage Plan by “CBG Civil Engineering”, dated January 27, 2022. Plans shall be reviewed for compliance and approved by Town staff prior to issuance of building permits. F. STREETS * 1. 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. * 2. 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. DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 7 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 H. 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. * 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 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. * 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. 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 necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. * 8. All new utilities required to serve the development shall be installed 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. DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 8 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 * 9. All utility distribution facilities, including but not limited to electric, communication, and cable television lines, within residential or commercial developments shall be under ground, except as follows: a.Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter boxes, and concealed ducts. * 10. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. G. 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 Development Plan 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 disposal 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. DEV22-0002 – 24 Noble Oaks Drive March 30, 2022 Page 9 5 1 0 L A G O N D A W A Y , D A N V I L L E , C A L I F O R N I A 9 4 5 2 6 Administration Building Engineering & Planning Transportation Maintenance Police Parks and Recreation (925) 314-3388 (925) 314-3330 (925) 314-3310 (925) 314-3310 (925) 314-3450 (925) 314-3700 (925) 314-3400 350’ Notification Map ATTACHMENT F January 8, 2023 Dear Fred and Riley, I am asking that we all follow the path and guidance of pre-existing easements, safety, and the already well thought 6/8/04 Conditions of Approval (CoA) precedent, and recent 10/20 CoA for 1475 Lawrence Road subdivision parcel A. I wish to avoid unnecessary increased premises liability from inconsistencies and potential hazards from unentitled intrusions upon the Siu private access road. I considered the following facts … A. I do not know when nor how my Siu private access road became Noble Oaks Lane, as that designation occurred without my recollection or apparent involvement. I assume it occurred without change in the pre-existing rights of the Siu private access road and without change in the pre-existing easements granted in the attached 11/20/83 deed of trust for 1475 Lawrence Road. B. Like a homeowner’s private driveway, yard, or home, the Siu private access road is my deeded private property extending to Lawrence Road. The Siu private access road is not a thoroughfare for public or unentitled private vehicular or foot traffic or purpose. A trespasser is one who intentionally and without consent or privilege enters another’s property such as the Siu private access road. C. I may exercise an indefinite right to use, control, or protect my property. I also risk potential liability for injuries and damages sustained on my private property. D. Parcel A has no implied or other easement to use the Siu private access road or property for utilities, to access their property or other properties, or for any other “purpose”. Municipalities cannot grant to parcel A access onto private roads or property. ATTACHMENT G Siu AppealResponse January 8, 2023 Page 2 of 7 Siu AppealResponse January 8, 2023 Page 3 of 7 Siu AppealResponse January 8, 2023 Page 4 of 7 E. The 6/8/04 and 10/20 CoA specified that access to parcel A “would be allowed from the southern driveway that currently serves proposed parcel B. No new access points would be created off Lawrence Road for proposed parcel A”. On 4/28/22, our Town meeting consensus noted that the 6/8/04 and 10/20 CoA already provided viable Lawrence Road access for parcel A via existing southern driveway for parcel B by the same owner. F. EBMUD requires that their water mains be placed under a paved road. With regards to the currently proposed joint trench through parcels A, B, C, and D, CoA and Lawrence Road Benefits District specified that water and sewer mains be extended down the Siu private drive. “This roadway would be improved to private street standards”, consistent with EBMUD and Lawrence Road Benefits District requirements. Siu AppealResponse January 8, 2023 Page 5 of 7 G. I had and have reminded each prior and current owner of parcel A, that their deed of trust did not provide parcel A with any access or utility easements from Siu private access road. Based on the 6/8/04 and 10/20 CoA and attached diagrams, parcel A has very little to do with the Siu private access road. However, the current owner reported that they plan weekly big and robust family parties at their new home. From this, I anticipate increased parcel A visitor vehicular traffic and parking. It is common practice for visitors to park their cars on the road or street in front of the subject home. As such, the 24 Noble Oaks Lane address and the currently proposed north facing direct entry path from parcel A’s front entry to Siu private access road would encourage unentitled visitor parking on and near the mouth of the Siu private access road without my knowledge or consent. In other words, to accommodate the proposed incongruous north facing entry, parcel A visitors would naturally drive to Noble Oaks Lane and see an opportunity to park on Siu private access road as a convenient direct path to the proposed parcel A north entry. Such anticipated visitor parking near the mouth of the Siu private access road would be expected to impede traffic on the unlit rural Siu private access road and would be expected to impede first response access further east to other parcels along the Siu private access road. This creates increased road liability directly to me personally from uninvited technical trespassers parked near the mouth of the Siu poorly lit rural private access road. As such, I object to the incongruous proposed north facing parcel A entry with poured concrete path leading to the inaccessible Siu private access road and private property. The parcel A entry should include a path leading to their own driveway and not mine. Siu AppealResponse January 8, 2023 Page 6 of 7 H. During the approval process, parcel A erroneously represented no adverse easements to site plan and was designated “24 Noble Oaks”. To accommodate this address, parcel A then proposed a new driveway directly into the Siu private access road without my knowledge or permission. Without access easement, they then abandoned the unentitled north driveway and now propose a new concrete “entry walk” leading from their front door directly north and again into my private property. Such design is again not acceptable to me as parcel A has no easement and the associated uninvited parking on Siu private access road would impede private and emergency vehicular access and increased premises liability to all parcels east of parcel A. As parcel A actually has no access to the Siu private access road (Noble Oaks Lane), as party related parking on the Siu private access road is not entitled and would pose a traffic and access hazard to distal parcels, and as the 2004 and 2020 CoA document a favorable and viable southern driveway, parcel A should have a Lawrence Road address and not 24 Noble Oaks Lane. I. Parcel A now proposes a new driveway directly onto Lawrence Road. This new driveway on the rural Lawrence Road and directly into parcel A would increase and urbanize focal driveway density with 3 driveways within approximately 150 feet. This would be associated with an increase in traffic hazard and violate the prior 2004 and 2020 Danville CoA, which prohibited new driveway directly onto Lawrence Road. Moreover, abutter’s rights have already been relinquished along Lawrence Road. Siu AppealResponse January 8, 2023 Page 7 of 7 To facilitate the parcel A project, I recommend these considerations by applicant … 1) As parcel A already has 6/8/04 and 10/20 CoA twice provided Lawrence Road access via parcel B’s established south driveway with same owner, as Danville planning staff consensus recently confirmed that the already provided south access driveway remained viable, as a new Lawrence Road access driveway would create a focal high density driveway hazard (3 within approximately 150 feet) from turning and parking on Lawrence Road, as staff consistently recommended no new direct Lawrence Road access in their 2004 and 10/20 CoA, and as applicant has relinquished abutter’s rights along Lawrence Road with the 10/20 CoA, the data finds it appropriate to reject the newly proposed parcel A driveway directly onto Lawrence Road. 2) As parcel A does not have access easement nor maintenance or liability agreement with Noble Oaks Lane (Siu private access road and property), as parcel A is actually more situated directly on Lawrence Road with a twice approved (CoA 2004 and 10/20) south access driveway, as the proposed north entry and concrete entry walkway leading directly into the unavailable Siu private access road would confuse emergency response and encourage unentitled obstructing parcel A visitor parking at the mouth of the Siu private access road, and as such anticipated obstruction would impede emergency response down the Siu private road, the proposed parcel A north entry and concrete entry walkway leading directly into the Siu private access road is not safe, not viable, and should be rejected. 3) As parcel A does not have access easement nor maintenance or liability agreement with Noble Oaks Lane, as parcel A is situated directly on Lawrence Road, as parcel A has existing access to Lawrence Road from a south driveway as recommended by 2004 and 2020 CoA and recently by staff, as a Noble Oaks Lane address would confuse visitors and emergency response, and as such address would encourage parking near the mouth of Noble Oaks Lane with road obstruction and increased premise liability, I recommend that the parcel A residence be given a Lawrence Road address and not a Noble Oaks Lane address. 4) There is currently a non-climb fence without gate between the Siu private access road and parcel A. I would ask that parcel A not remove this impassable fence between the respective 2 properties to discourage their visitor parking and other trespassing onto Siu private access road and private property. 5) Applicant proposed unpaved joint trench within parcels A, B, C, and D. As sewer main is already in the Siu private access road, as project CoA and Lawrence Road Benefits District already specified sewer and water mains in the Siu access road, as EBMUD requires their water main to be under a paved road, and as CoA specifies upgrade of Siu access road to paved private street standards, I recommend installation of EBMUD water main within the Siu private access road rather than the proposed unpaved joint utility trench within parcels A, B, C, and D. Given the above outstanding issues, I cannot rescind my appeal at this time. However, I would be happy to work with applicant to facilitate their project in a timely and mutually beneficial manner. Sincerely yours, Howard Siu