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Home My WebLink About2010-22 RESOLUTION NO. 2010-22 APPROVING DEVELOPMENT PLAN REQUEST DEVI0-00SS ALLOWING THE CONSTRUCTION OF A 690 +/- SQUARE FOOT DETACHED SECOND DWELLING UNIT IN THE REAR YARD AREA OF THE RESIDENCE LOCATED AT 403 LAUREL DRIVE (APN: 216-041-015) WHEREAS, James and Hilary Frugoli (Owners/Applicants) have requested approval of Development Plan DEV10-0055 which requests authorization to construct a 690 + /- square foot second dwelling unit in the rear yard of the property located at 403 Laurel Drive. Construction of the second dwelling unit would include a 440 + / - square foot addition to an existing 250 + / - square foot accessory structure on a 15,000 + / - square foot lot; and WHEREAS, a setback waiver is requested to allow the second dwelling unit to encroach 5 feet into the required 15 foot side yard setback resulting in a 10 foot setback on the north side and to encroach 5 feet into the required 10 foot side yard setback on the east side, resulting in a setback of 5 feet; and WHEREAS, the subject site is located at 403 Laurel Drive and is further identified as Assessor's Parcel Number 216-041-015; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a Development Plan for second dwelling units which request a setback waiver; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on September 14,2010; 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 approves Development Plan request DEVI0-0055 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 Town's Second Dwelling Unit Ordinance. 2. Except for the side yard setback waivers, the proposed development is in substantial conformance with the zoning district in which the property is located. 3. The proposed rear yard setback waiver is acceptable given that the proposal includes an addition to an existing accessory structure, the modest height of the unit, the fact that there is only one window, a frosted bathroom window, on the east side of the structure, and existing and proposed vegetative screening between the structure and the adjoining properties. 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 a Development Plan request DEVI0-0055 to allow the construction of a 690 + / - square foot second dwelling unit in the rear yard of the property located at 403 Laurel Drive. Construction of the second dwelling unit would include a 440 + / - square foot addition to an existing 250 + / - square foot accessory structure. A waiver is requested to allow for reduced side yard setbacks (10 foot side yard setback on the north side and 5 foot side yard setback on the east side). Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a) Site Plan, Floor Plans, Elevations, and Landscape Plans, as prepared by Helping Hand Landscape Design, Inc., consisting of four (4) sheets, dated received by the Planning Division on June 22, 2010. PAGE 2 of RESOLUTION NO. 2010-22 * * * * 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 Town for notifying surrounding neighboring residents of the one public hearing. The fee shall be $206.28 ($110.00 + 116 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. 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: 6. 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. PAGE 3 of RESOLUTION NO. 2010-22 * * * * 11. * 12. * 13. * 14. 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. 7. 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. 8. 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. 9. 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. 10. 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 air conditioning unit for this second dwelling unit shall not be located on the east side of the structure. 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 for the second unit shall match the existing home. 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. PAGE 4 of RESOLUTION NO. 2010-22 APPROVED by the Danville Planning Commission at a regular meeting on September 14,2010, by the following vote: AYES: NOES: ABSTAIN: - ABSENT: Antoun, Graham, Radich Nichols Combs, Morgan, Overcashier APPROVED AS TO FORM: ~~ City Attorney ) PAGE 5 of RESOLUTION NO. 2010-22