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HomeMy WebLinkAbout2007-23RESOLUTION NO. 2007-23 DEVELOPMENT PLAN DEV07-0057 AND VARIANCE APPLICATION FOR MODIFICATION OF AN EXISTING ACCESSORY STRUCTURE TO BE A LEGAL SECOND DWELLING UNIT, AND A PARCEL MERGER/LOT LINE ADJUSTMENT OF FOUR NON-CONFORMING LOTS AT BONNEVONO COURT AND 505 DIABLO ROAD (APN: 216-141-017, 216-141-018, 216-141-019, 216-141-020, 216-141-021 CATALLO PROPERTIES) WHEREAS, CHARLES CATALLO (Owner) requested approval of a Development Plan and Variance Application for modification of the existing accessory structure creating a legal second dwelling unit, and a parcel merger/lot line adjustment of four non- conforming lots at Bonnevono Court and 505 Diablo Road; and WHEREAS, the subject properties are located at 110 & 132 Bonnevono Court and 505 Diablo Road, and is further identified as Assessor's Parcel Numbers 216-141-017, 216-141- 018, 216-141-019, 216-141-020, and 216-141-021; and WHEREAS, the Town of Danville R-20; Single Family Residential District Ordinance and the Towri s Second Dwelling Unit Ordinance requires approval of a Development prior to the establishment of a Second Dwelling Unit that exceeds 750 square feet and requests setback waivers; and WHEREAS, a setback waiver is requested to allow the second dwelling unit to encroach 20' into the required minimum 30' rear yard setback, resulting in a 10' rear yard setback; and WHEREAS, a lot area variance of 1,207 square feet is requested to allow the resulting merged parcel to be 18,793 +/-square feet; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on November 27, 2007; and WHEREAS, the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15303 (New Construction/ Conversion of Small Structures); 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 and Variance request DEV07-0057 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings -Second Dwelling Unit 1. The proposed development will not be detrimental to the health, safety, and general welfare of the Town. 2. The second dwelling unit use will not adversely affect the orderly development of property within the Town, because the proposal involves an existing structure and efforts to improve the structure. 3. The second dwelling unit will not adversely affect the preservation of property values and the protection of the tax base within the Town, because a second dwelling unit increases the versatility of the property for residential uses. 4. The second dwelling unit will not adversely affect the policy and goals as set by the 2010 General Plan, because the parcel merger meets General Plari s land use requirement of the 1-3 units per acre. 5. The second dwelling unit will not create a nuisance and/ or enforcement problem within the neighborhood or community, because the residential land use is the same as that of neighboring properties. 6. The proposed use will not encourage marginal development within the neighborhood, .because the effort to legalize the second dwelling unit and merge non-conforming parcels brings the lots closer into character to lots in the area. 7. The second dwelling unit does not impact the privacy of adjacent properties because the structure has existed since 1954, would remain one-story so that windows do not overlook the fence line, and would maintain a minimum 10' setback where the Second Dwelling Unit Ordinance allows a reduced setback of up to 5.' Variance Findings -Parcel Merger lot area 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-20; Single Family Residential District in which the subject property is located, because the subject lots are existing non-conforming lots. PAGE 2 OF RESOLUTION N0.2007-23 2. Because of the special circumstances applicable to this specific property, strict application of the zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district. As existing non-conforming lots, no improvements can be permitted for the existing structures without the lot merger or approval of a Land Use Permit. Merging of lots restores development rights and allows structures to be either improved or removed. 3. This variance is in substantial conformance with the intent and purpose ofthe R-20; Single Family Residential District in which the subject property is located since the variance allows for the merger of four existing non-conforming lots to create one new lot that meets the minimum depth and width of 120 feet. 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. 1. This approval is for a Development Plan and Variance request (DEV07-0057). Development shall be substantially as shown on the project drawings as follows, except as maybe modified by conditions contained herein; a. Boundary and Topographic Map, as prepared by Renner Surveying & Engineering, received by the Planning Division on September 6, 2007 and Remodel Plans as prepared by Peter Shutts, AIA, received by the Planning Division on October 24, 2007. 2. Precise Ali ng ment. The final map shall reflect the precise alignment of Diablo Road as shown in Contra Costa County's recorded document Rec 5492 OR 299 dated November 9, 1967, depicting the right-of-way line placed 42' south of the found monument on Diablo Road at the Via Hermosa centerline and parallel to the property line at Diablo Road. Other than the front yard fence, no other structure shall be built in this area. 3. Fence along Diablo Road. In order to promote visibility at the intersection of Diablo Road and Via Hermosa, the front yard fence along Diablo Road shall be no taller than 42" in the following areas: (a) the site distance triangle and (b) the initial 25' along the Diablo Road property line east of the Oak tree. The site distance triangle is defined as a triangular area bounded by the existing right-of-way lines and a PAGE 3 OF RESOLUTION N0.2007-23 diagonal line joining points on the right-of-way linestwenty-five (25) feet back from the point of their intersection, per the Single Family Residential District Regulations of Danville Municipal Code Section 32-22.6 and Danville Standard Plan 116. 4. Fence along Via Hermosa. The fence along Via Hermosa shall be removed. If replaced, the fence shall be no taller than 42." 5. Fence along the south property line. Within the 25' front yard setback area, the fence shall be no taller than 42." The property owner shall replace the missing fence along the south property line with a new 6' good neighbor fence, outside of the front yard setback area and to be located on the property line. 6. Shed. Prior to the Planning Division sign-off of the building permit, the existing shed shall be moved and placed to observe the setbacks as required by Single Family Residential District Regulations for sheds. 7. Deck. The applicant shall modify the existing deck on the south side of the property at the proposed primary structure to maintain a minimum five foot setback from the property line. 8. Primary residence. Prior to recordation of the parcel merger/lot line adjustment, the Towri s Building Division shall inspect the existing primary structure to determine if any work or additions have been completed without permitting. Ifnon- permitted work is found, required permits shall be obtained. 9. The applicant shall pay or be subject to 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. 10. 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. 11. 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. 12. All lighting shall be installed in such a manner that lighting is generally down- PAGE 4 OF RESOLUTION N0.2007-23 directed and glare is directed away from surrounding properties and rights-of-way. 13. The colors and materials for the existing structures on the proposed merged parcels shall be consistent and compatible. 14. 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. 15. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 16. 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. 17. 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. 18. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drain system. No concentrated drainage shall be permitted to surface flow across sidewalks, streets or private property. 19. All new utilities required to serve the development shall be installed underground. 20. 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. 21. The property owner shall file a deed restriction to be recorded with the property as required by the Town's Second DwellingUnit Ordinance. The deed restriction shall further state that the second dwelling unit shall be limited in size (875 square feet) to that which was approved through this development plan application; in the event that the merged parcel is sold, the 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. While the merged parcel is owned by Charles Catallo, the owner occupation requirement may be fulfilled by owner occupation of 505 Diablo Road. PAGE 5 OF RESOLUTION N0.2007-23 22. The existing structure on the parcel currently numbered 110 Bonnevono Court (APN 217-141-020) shall be deemed the primary structure. The existing structure on the parcel currently numbered 132 Bonnevono Court (APN 217-141-021) shall be deemed the second dwelling unit (guest house), with the detached garage fulfilling the on-site parking requirement for the primary structure. 23. All plans for residential additions must be stamped approved by the Central Contra Costa Sanitary District prior to submittal for Building Permit approval. 24. Any on-site wells and septic systems shall be destroyed in accordance with Contra Costa County Health Services Department -Environmental Health Division regulations. Environmental Health Division permit and inspections for this work shall be obtained. 25. Prior to the issuance of a building permit, a landscape plan for the area immediately surrounding the second dwelling unit shall be submitted to the Planning Division for review and approval. The plan shall include screening trees or shrubs along the east and south elevations of the unit. APPROVED by the Danville Planning Commission at a regular meeting on November 27, 2007 by the following vote: AYES: Antoun, Combs, Condi NOES: - ABSTAIN: - ABSENT: Osborn APPROVED AS TO FORM: ~~~ `' ' City Attorney Chief of lan 'ng PAGE 6 OF RESOLUTION N0.2007-23