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HomeMy WebLinkAbout2009-29 RESOLUTION NO. 2009-29 APPROVING DEVELOPMENT PLAN REQUEST DEV09-0052 ALLOWING A 1,066 SQUARE FOOT SECOND DWELLING LOCATED AT 1607 LAWRENCE ROAD (APN: 206-170-006 - SWEENEY) WHEREAS, Pat and Melissa Sweeney (Owners/Applicants) seek approval of Development Plan DEV09-0052 which would authorize the construction of a 1,066 + / - square foot second dwelling unit on a 1.00 + / - acre parcel; and WHEREAS, the subject site is located at 1607 Lawrence Road and is further identified as Assessor's Parcel Number 206-170-006; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a Development Plan for second dwelling units that are greater than 1,000 square feet in gross floor area; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on September 8, 2009; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Class 3(a), 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 Oanville approves Development Plan request DEV09-0052 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 proposed development is in substantial conformance with the zoning district in which the property is located, by meeting all height and setback requirements. 3. 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. 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. This approval is for Development Plan request DEV09-0052 to allow a 1,066 + / - square foot second dwelling unit in the rear yard of 1607 Lawrence 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 consisting of one sheet, as prepared by Bay Area Design & Drafting, dated received by the Planning Division on August 10, 2009. b. Floor Plan and photograph, as prepared by Factory Expo Home Centers, dated received by the Planning Division on July 31, 2009. c. Approval of Development Plan DEV09-0052 is for the second dwelling unit only. The addition and remodel of the primary residence and the storage structure shall be subject to separate review and approval. * 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. 3. The applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $123.26 ($105.00 plus 22 notices X $0.83 per notice). PAGE 2 of RESOLUTION NO. 2009-29 * * * * * 4. 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. 5. 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. 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 size approved by the permit allowing the unit. Any changes proposed require Town approval. 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. 8. 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. PAGE 3 of RESOLUTION NO. 2009-29 * * 10. * 11. * 12. * 13. * 14. * 15. 9. 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 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. 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. The building material and colors used for the second unit shall be consistent with those used for the primary residence. 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. 16. Prior to issuance of a building permit, the applicant shall submit payment of the Lawrence Road Benefit District Fee of $16,546.00, according to the Town's most current Development Impact Fees Schedule. 17. Per the Lawrence Road Specific Plan, the second dwelling unit, being new residential development, shall be connected to public sewer and water. PAGE 4 of RESOLUTION NO. 2009-29 18. Section 31-29.2 of the Town's Municipal Code provides mInimUm requirements for drainage easements and structural setbacks adjacent to unimproved and improved channels. The applicant shall provide cross sections on project plans at the locations indicated on the enclosed check print, demonstrating that these minimum requirements can be satisfied adjacent to Alamo Creek and the drainage ditch along the west side of the property. The applicant shall show the required drainage easement and structural setback lines on project plans, and revise the locations of all structures if necessary. Per the Danville Municipal Code Chapter 30, the drainage easement shall be offered to the CCCFC&WCD. A separate map shall be prepared that shows the legal boundaries for the required drainage easement and structural setback lines. This map must be signed and stamped by a licensed California land surveyor (or civil engineer licensed prior to January 1, 1982). This map must be approved by the Town Engineering Department, and then recorded against the deed for the subject property. ADVISORY COMMENTS Please be aware of the following comments as they pertain to the development of this property, inclusive of the second dwelling unit and the potential addition and remodel of the primary residence and construction of a storage structure: 1. As part of the building permit application, the applicant shall submit the following: a. A detailed soils report, prepared by a California registered geotechnical engmeer. b. A FEMA National Flood Insurance Program Elevation Certificate. This needs to be completed since the FIRM map indicates that a portion of the subject property lies within the 100-year floodway for Alamo Creek. New development is not permitted within the Alamo Creek floodway, and the applicant will need to demonstrate that the structures will not obstruct the flood plain. The FEMA Certification application and instructions are available at the following web address: http:j jwww.fema.govjbusinessj nfip j elvinst.shtm. c. If improvement and grading work is to occur within the drip line of existing trees, including trees that must be protected (if any) in conformance with Municipal Code Chapter 32-79, a Certified Arborist report may be required. PAGE 5 of RESOLUTION NO. 2009-29 d. Site grading and drainage plans, showing all existing and proposed topography and improvements. The plans need to clearly show all existing and proposed features, including structures, walkways, driveways, trees, ditches, Alamo Creek, wells, septic systems (including limits of leach fields), and utilities. Water and sanitary sewer pipes, including locations and sizes, manholes and pipe depths also need to be shown if connections to these systems are to be made. e. An on-site drainage study that indicates if any peak flow water will be added to the existing Alamo Creek. Mitigation may be required if it is determined that the project will increase peak flow rates within Alamo Creek. 2. The applicant may be required to obtain a Grading Permit from the Town in accordance with section 19-3.3 of the Municipal Code for site grading associated with the project. 3. Pursuant to section 19-3.4 of the Municipal Code, the applicant may be required to obtain an Erosion-Control Permit from the Town prior to initiating grading activity. 4. The site plan shows proposed work near the top of banks adjacent to the creek and ditch. Due to the proximity of the work to these watercourses, the applicant may need to obtain a 401 Water Quality Certification from the San Francisco Regional Water Quality Control Board (RWQCB), a 1602 Lake and Streambed Alteration Agreement from the California Department of Fish and Game (CDFG), and a nationwide permit from the United States Army Corps of Engineers (ACOE). 5. The applicant shall either connect the existing residence to the public water and sewer systems, or submit evidence that the Contra Costa County Health Department - Environmental Health Division has approved connection to the existing or modified wells and septic systems. If public system connection is required, the applicant shall be responsible to pay all fees and meet all requirements associated with connection to these systems and abandonment/ removal of existing well and septic/leach field systems to the satisfaction of the Health Department. 6. As part of the San Ramon Valley Fire Protection District's review of the proposed project, fire safety upgrades may be required. These upgrades may include sprinkler requirements, access road improvements, fire hydrant locations, or other improvements the Fire District determines are required for fire safety. PAGE 6 of RESOLUTION NO. 2009-29 APPROVED by the Danville Planning Commission at a regular meeting on September 8, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Attwood, Combs, Morgan, Nichols, Radich, Storer Overcashier Z:/;#~/ Chairman APPROVED AS TO FORM: ~-G City Attorney J Chief of Planning PAGE 7 of RESOLUTION NO. 2009-29