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RESOLUTION NO. 2007-10
APPROVING DEVELOPMENT PLAN REQUEST DP 2007-07
TO ALLOW THE CONSTRUCTION OF A 629 +/- SQUARE FOOT SECOND
DWELLING UNITjPOOL HOUSE. A WAIVER IS REQUESTED TO ALLOW THE
STRUCTURE TO COMPLY WITH ACCESSORY STRUCTURE SETBACKS,
RESULTING IN A FIVE FOOT SIDE YARD SETBACK WHERE A 10-FOOT
MINIMUM SIDE YARD SETBACK IS REQUIRED
(APN: 195-111-011 - P ASSAMA)
WHEREAS, Gregg & Christina Passama (OWNER/ APPLICANT) have requested approval
of a Development Plan (DP 2007-07) to allow the construction of a 629 + / - square foot
second dwelling unit/ pool house, and a waiver request to allow the structure to comply
with accessory structure setbacks; and
WHEREAS, the subject site is located at 173 Valle Verde Court and is further identified as
Assessor's Parcel Number 195-111-011; 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, requiring a waiver request; 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 2007-07 and the side 'yard setback waiver request per the
conditions contained herein, and makes the following findings in support of this action:
FINDINGS
1. The proposed Second Dwelling Unit will not impact the privacy of the property to
the south, because a privacy hedge exist, which will screen the unit from view, and
the south elevation of the structure has no windows or doors, .thereby reducing
activity in the area between the structure and the neighboring property.
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 (DP 2007-07) to allow the
construction of a 629 + / - square foot second dwelling unit/ pool house. A
waiver is approved to allow this structure to encroach five feet into the
required ten-foot side yard setback, resulting in a five-foot side yard setback.
The site is located at 173 Valle Verde Court. 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 "Mr. & Mrs.
Gregg Passama," as prepared by California Pre-cut Homes, dated
received by the Planning Division on April 3, 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 along the south elevation shall be down directed and
shielded as to not create glare towards the adjacent property to the south.
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
PAGE 2 OF RESOLUTION NO. 2007-10
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.
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 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.
9. The property owner shall remove or bring into compliance the carport
structure on the north side elevation. As built the structure is not in
compliance with the setbacks for this parcel.
10. The property owner shall underground the utility connection from the main
home to the second dwelling unit.
11. In the event through the building permit process, it is determined the
structure is located too close to the exiting pool, the applicant shall be
allowed under this approval to shift the unit two additional feet towards the
main home or reduce the size of the unit to accommodate building standards.
PAGE 3 OF RESOLUTION NO. 2007-10
APPROVED by the Danville Planning Commission at a regular meeting on May 8, 2007, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Storer, Combs, Welch, Antoun, Condie, Nichols and Morgan
Osborn
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Chairman
APPROVED AS TO FORM:
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City Attorney 7
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PAGE 4 OF RESOLUTION NO. 2007-10