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Home My WebLink About2007-09 RESOLUTION NO. 2007-09 APPROVING DEVELOPMENT PLAN REQUEST DP 2006-12 AND VARIANCE REQUEST V AR 2007-07 ALLOWING THE CONSTRUCTION OF 1,227 +/- SQUARE FOOT SECOND DWELLING UNIT WITH AN ATTACHED 688 +/- SQUARE FOOT GARAGE, WHICH A PORTION OF THE HOME WOULD ENCROACH FIVE FEET INTO THE REQUIRED 25-FOOT FRONT YARD SETBACK, RESULTING IN A 20- FOOT MINIMUM FRONT YARD SETBACK (APN: 200-020-052 - So) WHEREAS, Ming & Jenny So (OWNER/APPLICANT) have requested approval of a Development Plan (DP 2006-12) to allow the construction of a 1,227 + / - square foot second dwelling unit with a 688 + / - square foot attached garage; and WHEREAS, a Variance has also been requested to allow the structure to encroach five feet into the minimum 20 foot front yard setback; and WHEREAS, the subject site is located at 915 EI Pintado Road and is further identified as Assessor's Parcel Number 200-020-052; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a Development Plan for a Second Dwelling Unit that does not comply with the ministerial provisions in the ordinance; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 8, 2007; and WHEREAS, this project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), under section 15303, new construction; 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 2006-12 and a Variance request V AR 2007-09 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS Development Plan 1. The proposed Second Dwelling Unit is ancillary in size to the main home and is in scale with the receiving property and is not larger than the main residence. Variance 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-65 Single Family Residential District in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and! or located in the same zoning district: a. Given the parcel topography is greater than 30% in grade on the majority of the parcel and a scenic easement encumbers 75% of the parcel, development is limited to the flat portion of the site adjacent to EI Pintado Road. The granting of this variance would allow for reasonable development of the property and allow rights to the property owner that are enjoyed by others in the general vicinity and same zoning district. 3. This variance is in substantial conformance with the intent and purpose of the R-65 Single Family Residential District in which the subject property is located since the variance would allow the 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. PAGE 2 OF RESOLUTION NO. 2007-09 A. GENERAL 1. This approval is for a Development Plan (DP 2006-12) and Variance (V AR 2007-07) to allow the construction of a 1,227 + / - square foot second dwelling unit with an attached 688 + / - square foot garage. A Variance is approved to allow this structure to encroach five feet into the required 25 foot frpnt yard setback, resulting in a 20 foot side yard setback. The site is located at 915 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. Architectural floor plans, elevations, and details labeled liThe So New In-Law residence" as prepared by Chia-Ching Line, dated received by the Planning Division on April 30, 2007. 2. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $105.00 (140 notices X $0.75 per notice x 1 notices). 3. The paint color, and roof material and color shall match the existing residence. 4. External lighting shall be down directed and shielded as to not create glare towards adjacent properties. 5. Prior to the issuance of a building permit for the construction of the second dwelling unit, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been met to the satisfaction of these respective agencies. 6. The property owner shall occupy either the principal or the secondary residential unit. If neither unit is owner-occupied, then the use of the property shall revert to a single family occupancy. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. PAGE 3 OF RESOLUTION NO. 2007-09 7. Before obtaining a Building Permit for a second dwelling unit, the property owner shall file with the County Recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, and stating that: a. The second dwelling unit shall not be sold separately and may not be subdivided off from the principal residential unit. b. The second dwelling unit is restricted to the approved size. c. The restrictions shall be binding upon any successor in ownership or the property and lack of compliance shall result in proceedings to revoke the approval for the second dwelling unit. d. The approval allowing the second dwelling unit shall be in effect only so long as either the primary residence or the second dwelling unit is occupied by the owner of record of the property. 8. The applicant shall submit a landscape plan to the Planning Division which outlines the landscaping for the front yard area. The front yard landscaping shall be installed prior to final inspection of the second dwelling unit. 9. 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. APPROVED by the Danville Planning Commission at a regular meeting on May 8, 2007, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: ~/5 .~ City Attorney ~. Chairman ~annin~ PAGE 4 OF RESOLUTION NO. 2007-09