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HomeMy WebLinkAbout2011-16RESOLUTION NO. 2011-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN REQUEST DEV11 -0033 ALLOWING THE EXPANSION OF AN EXISTING SECOND DWELLING UNIT (APN: 216- 141 -014 — JSA PROPERTIES) WHEREAS, JSA PROPERTIES (Owner/ Applicant) has requested approval of a Development Plan (DEV11 -0033) to allow the expansion of an existing second dwelling unit; and WHEREAS, the subject site is located at 533 Diablo Road and is further identified as Assessor's Parcel Number 216- 141 -014; and WHEREAS, the Town's Second Dwelling Unit Ordinance requires approval of a Development Plan for second dwelling units which request a total square footage that exceeds 1,000 square feet and a waiver to otherwise applicable setback regulations; 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 - New Construction; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on June 28, 2011; 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 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 DEV11 -0033 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROVAL: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed development is consistent with the Danville 2010 General Plan. 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 improvements 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. 5. The second dwelling unit will not adversely affect the policy and goals as set by the Danville 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. 6. The resultant increased size of the second dwelling unit is in scale with the receiving property and the proposed primary residence and is architecturally designed to mitigate the potential appearance of excessive building massing. 7. Due to the receiving property's relationship to surrounding properties, a reduced side yard setback will not adversely impact the privacy enjoyed by residents occupying surrounding properties. On the eastern property line, the existing second dwelling unit encroaches 11 +/- feet into the required 15 foot minimum side yard setback. This placement makes it unreasonable (architecturally and financially) to require the addition to comply with the applicable setbacks. The proposed addition will match the existing 6 foot side yard setback. PAGE 2 OF RESOLUTION NO. 2011-16 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 request DEV11 -0033 which authorizes the construction of a 370 +/- square foot single -story addition to an existing two -story 630 +/- square foot second dwelling unit and the remodel of 100 + /- square feet of the existing ground floor garage space, which would convert part of the garage to living space, resulting in a 1,100 +/- square foot second dwelling unit with an attached 500 +/- square foot two -car garage. A setback waiver for the applicable side yard setback requirement is also approved to allow the proposed addition to continue the same building line as the existing second dwelling unit and meet a 6'0" +/- side yard setback on the eastern property line where 150" is required under the applicable zoning standards. A waiver to allow the second dwelling unit to exceed 1,000 square feet in size and to allow the garage to exceed the maximum allowable size of 20' wide by 22' deep, as required under the Towns Second Dwelling Unit Ordinance is also approved. Development shall be substantially as shown on the project drawings as follows, except as may modified by conditions contained herein; a. Project plans, titled "533 Diablo Road," dated June 14, 2011, consisting of five sheets, as prepared by Dan Desouza. * 2. 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. 3. Prior to the issuance of a grading or building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 176.40 ($110.00 plus 80 notices X $0.83 per notice). PAGE 3 OF RESOLUTION NO. 2011-16 * 4. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, 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. (Monday through Friday), 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'x 3' 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. * 6. The applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. * 7. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers that are in good condition, and to locate stationary noise - generating equipment as far away from existing residences as feasible. * 8. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off -site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust - producing activities shall be discontinued during high wind periods. * 9. Planning Division sign -off is required prior to the completion of a Final Building Inspection. * 10. 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. PAGE 4 OF RESOLUTION NO. 2011-16 * 11. Before obtaining a Building Permit for the primary residence, 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. B. ARCHITECTURE * 1. The street number for the home shall be posted so as to be easily seen from the street at all times, day and night. * 2. 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. * 3. 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. C. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right -of -way or easement. PAGE 5 OF RESOLUTION NO. 2011-16 * 2. 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. * 3. Any damage to public or private street improvements 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. D. INFRASTRUCTURE * 1. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. * 2. 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. * 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). * 4. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow, prior to the issuance of a building permit. * 5. Roof drainage from structures shall be collected via a closed pipe and conveyed onto an approved storm drainage facility. * 6. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. PAGE 6 OF RESOLUTION NO. 2011-16 * 7. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off -site temporary or permanent road and drainage improvements. * 8. All utilities, including but not limited to electrical, gas, telephone, and cable TV services, shall be provided underground in accordance with the Town policies and existing ordinances. All utilities ,shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. * 9. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. E. MISCELLANEOUS * 1. 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. * 2. The proposed project shall conform to the Towns Stormwater Management and Discharge Control Ordinance and all applicable construction and post - construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/ equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. At the discretion of the City Engineer, a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects under five acres. PAGE 7 OF RESOLUTION NO. 2011-16 APPROVED by the Danville Planning Commission at a regular meeting on June 28, 2011 by the following vote: AYES: Bock - Wilmes, Combs, Graham, Mor Radich NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: 24�. z;::: City Attorney Chief of ann' g PAGE 8 OF RESOLUTION NO. 2011-16