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Home My WebLink About2009-19 RESOLUTION NO. 2009-19 DENYING THE APPEAL AND UPHOLDING THE PLANNING DIVISION'S APPROVAL OF DEVELOPMENT PLAN REQUEST DEV09-0032 ALLOWING THE CONSTRUCTION OF A TWO-STORY 995 +/- SQUARE FOOT DETACHTED SECOND DWELLING UNIT (APN: 199-280-028 - BRUNS) WHEREAS, Craig and Thelma Bruns (Owners/ Applicants) have requested approval of Development Plan DEV09-0032 which requests authorization to construct a 995 + / - square foot detached second dwelling unit on a 0.62 + / - acre parcel; and WHEREAS, the subject site is located at 10 Montecito Drive and is further identified as Assessor's Parcel Number 199-280-028; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a Development Plan for second dwelling units which requests a unit sizes over 750 square feet; and WHEREAS, the Planning Division administratively approved DEV09-0032 on May 18, 2009; and WHEREAS, Gregory Maunz, Chuck Quinn, Scott Manske, and Manuel Pinto submitted a letter appealing the Planning Division's action on May 26, 2009; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 23, 2009; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Class 3, Section 15303; 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 denies the appeal and approves Development Plan request DEV09-0038 per the conditions contained herein, and makes the following findings in support of this action: 1. 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. 2. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 3. The proposed development is needed at the proposed location to provide adequate facilities of the type proposed, and traffic congestion will not likely be created by the proposed project as the fa<;ade improvement will not create an intensification of use of the property. 4. 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. The proposed development is in substantial conformance with the zoning district in which the property is located, by meeting all height requirements and other setback requirements. 5. The proposed 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. 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. 1. Except as may be modified by the conditions contained herein, the exterior modifications authorized by this permit shall be substantially as shown on the plans consisting of nine (9) sheets, as prepared by Stoddard Design, dated April 29, 2009. This approval authorizes a 995+/- square foot second dwelling unit to be constructed on the east side of the property. PAGE 2 of RESOLUTION NO. 2009-19 * * * * 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 T own for notifying surrounding neighboring residents of the one public hearing. The fee shall be $153.16 ($110.00 plus 52 notices X $0.83 per notice). 3. Prior to the issuance of the building permit for 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. 4. 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'x3' sign at the project entry which specifies the 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. 5. 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. 6. 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 size approved by the permit allowing the unit. Any changes proposed require Town approval. PAGE 3 of RESOLUTION NO. 2009-19 * 7. * 8. * 9. * 10. * 11. * 12. 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 Development Plan Permit. d) The permit 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. 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. Domestic water supply shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. 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 disposal 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 buildings and the construction of new buildings were/ are being recycled according to their recycling plan or in an equivalent manner. 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. 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. The street numbers for each building in the project shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. PAGE 4 of RESOLUTION NO. 2009-19 * 13. * 14. * 15. * 16. * 17. The building material and colors for the second unit shall be consistent with the existing home. 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). 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. All new utilities required to serve the development shall be installed underground. 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. APPROVED by the Danville Planning Commission at a regular meeting on June 23, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Attwood, Combs, Nichols, Overcashier, Radich, Storer Morgan ?:4%d/ Chairman APPROVED AS TO FORM: rJU0/d~ City Attorney PAGE 5 of RESOLUTION NO. 2009-19