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Home My WebLink About2007-03 RESOLUTION NO. 2007-03 APPROVING DEVELOPMENT PLAN REQUEST DP 2007-04 ALLOWING THE CONVERSION OF AN EXISTING 1,920 +/- SQUARE FOOT BARN/ DETACHED GARAGE STRUCTURE INTO A SECOND DWELLING UNIT (APN: 196-150-009 --- AratafFoster) WHEREAS, Paul Arata and Scott Foster (Owners) have requested approval of a Development Plan DP 2007-04 to convert and existing 1,920+/- square foot barn/ detached garage into a second dwelling unit on a 1.1 + / - acre parcel;and WHEREAS, the subject site is located at 564 EI Pintado and is further identified as Assessor's Parcel Number 196-150-009; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a Development Plan for second dwelling units which are over 1,000 square feet in size; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on March 27, 2007; 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(a)); and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the request; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission of the Town of Danville approves Development Plan request DP 2007-04 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings - Second Dwelling Unit 1. The proposed increased size of the second dwelling unit results in a unit that is in scale with the receiving property and is no larger than the primary residence on the property and that the unit is architecturally designed to mitigate the potential appearance of excessive building massing. 2. Allowing the reduced setbacks for this second dwelling unit will not adversely impact the privacy enjoyed by residents occupying surrounding properties. 3. The second dwelling unit will not adversely affect the policy and goals as set . by the 2010 General Plan, because the General Plan calls for quality development and the proposal meets all of the design criteria set by the Second Dwelling Unit Ordinance. CONDITIONS OF APPROV AL 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. 1. This approval is for a Development Plan request DP 2007-04 to allow the conversion of a barn/ garage structure into a 1,920 + / - square foot second dwelling unit located at 564 EI Pintado Road. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site Plan, Sections and Elevations, Architectural Plans and Floor Plans consisting of seven sheets, as prepared by Kotzebue Vestey Architect, dated received by the Planning Division on March 16, 2007. 2. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the one public hearing. The fee shall be $59.25 (79 notices X $0.75 per notice X 1 mailings). Page 2 of 4 RESOLUTION NO. 2007-03 3. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours and identify names and contact person for the overall project manager and all contractors and sub-contractors working on the job. 4. 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. 5. 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. 6. The colors and materials for the addition shall be consistent with the existing home, and shall include earth tone colors for the tile roof material subject to review and approval by the Town Planning Division prior to the issuance of a building permit. 7. 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. 8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 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). An NPDES construction permit may be required, as determined by the City Engineer. 10. 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. Page 3 of 4 RESOLUTION NO. 2007-03 11. 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. 12. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drain system on EI Pintado. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. 13. All new utilities required to serve the development shall be installed underground. 14. The project shall be constructed .as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. 15. The property owner shall file a deed restriction to be recorded with the property stating that the second dwelling unit shall be limited in size to that which was approved at public hearing; the structures status as a second dwelling unit shall be in effect only so long as the owner of record of the property occupies either the primary residence or the second dwelling unit; the unit shall not be sold separately and may not be subdivided; and the restrictions shall be binding upon any successor in ownership or the property. 16. Evergreen landscaping in the form of vines shall be installed along the west elevation of the second dwelling unit to soften the existing retaining wall. The applicant shall utilize a solid trellis structure to support the vines. APPROVED by the Danville Planning Commission at a regular meeting on March 27, 2007 by the following vote: Condie er, wel~ AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: 72eI:J6.~ City Attorney