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HomeMy WebLinkAbout2023-12RESOLUTION NO. 2023-12 APPROVING DEVELOPMENT PLAN REQUEST DEV23-0013 TO ALLOW FOR AN ADDITION AND REMODEL OF A SINGLE FAMILY RESIDENCE THAT REQUIRES AN EXCEPTION TO ALLOW FOR A HEIGHT OF 34 FEET, WHILE THE MAXIMUM ALLOWABLE HEIGHT IS 28 FEET. THE PROPERTY IS LOCATED AT 28 SKY TERRACE, WHICH IS PARTIALLY LOCATED WITHIN A TOWN- IDENTIFIED SCENIC HILLSIDE AREA. WHEREAS, the applicant (Tim Flynn) and owners (Anthony and Wenjing Caridis) applied for a Development Plan to allow for an addition and remodel of a single family residence located at 28 Sky Terrace; and WHEREAS, the Development Plan request would allow for the construction of a 7,516 square foot addition and remodel which would increase the height of the primary residence to 34 feet; and WHEREAS, the subject site is located at 28 Sky Terrace and is further identified as Assessor’s Parcel Number 208-130-026; and WHEREAS, proposed developments which are located within a Town-identified Scenic Hillside area, and do not comply with development standards outlined in the Scenic Hillside and Major Ridgeline Ordinance, may be granted an exception by the Planning Commission; and WHEREAS, the proposed architectural design and landscaping plans were reviewed and recommended for approval by the Design Review Board on September 28, 2023; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing Facilities; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 10, 2023; 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 DEV23- DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 2 OF RESOLUTION NO. 2023-12 0013 subject to the conditions contained herein, and make the following findings in support of this action: FINDINGS OF APPROVAL: Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 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 consistent with the Danville 2030 General Plan and the Single Family Residential District Ordinance. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town, in that the development will meet all health and safety codes and is subject to compliance with all applicable building codes and requirements. Exception to the Scenic Hillside and Major Ridgeline Development Standards: 1. The proposed siting and architecture of the new residence will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development is only partially located within a Scenic Hillside area and development will not adversely impact predominate views of a Town-identified Scenic Hillside or Major Ridgeline areas. A portion of the existing residence is located outside the Scenic Hillside area and maintains a height which exceeds height restrictions of development located within the Scenic Hillside area. The exception would allow the residence to have a consistent roofline which complies with development standards within R-65 zoning districts but requires an exception within Scenic Hillside areas. 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 building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 3 OF RESOLUTION NO. 2023-12 1. This approval is for a Development Plan request DEV23-0013 to allow for an addition and remodel of a single family residence that requires an exception to allow for a height of 34 feet, while the maximum allowable height is 28 feet. The property is located at 28 Sky Terrace which is partially located within a Town-identified Scenic Hillside area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. Architectural plans labeled “Caridis Residence,” prepared by Tim Flynn, received by the Planning Division on August 28, 2023. 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 $156.52 ($120 plus 44 notices x $0.83 per notice). * 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 DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 4 OF RESOLUTION NO. 2023-12 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 and 24” box container sizes. 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. DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 5 OF RESOLUTION NO. 2023-12 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. DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 6 OF RESOLUTION NO. 2023-12 * 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, DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 7 OF RESOLUTION NO. 2023-12 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. 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. 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. 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. * 4. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 5. 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. DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 8 OF RESOLUTION NO. 2023-12 * 6. 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. * 7. 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. * 8. All new utilities required to serve the development shall be installed underground. * 9. 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 DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248 PAGE 9 OF RESOLUTION NO. 2023-12 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. APPROVED by the Danville Planning Commission at a regular meeting on October 10, 2023, by the following vote: AYES: Bowles, Combs, Graham, Mintz, Palandrani, Radich NOES: Houlihan ABSTAINED: None ABSENT: None _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 2C3EF9A5-B20E-4789-8AB1-986759AF8248