HomeMy WebLinkAboutLUP 87-10FINDINGS AND CONDITIONS OF APPROVAL
LUP 87-10 AND VAR 87-22
Anthony & Irma Gross
FINDINGS
LAND USE PERMIT
The Planning Commission has determined that the following
findings exist in support of the proposed land use.
The proposed second unit with the attached conditions
of approval is consistent with Town of Danville
Ordinance No. 24-83 - Second Units
The proposed second unit will not be detrimental to the
health, safety and general welfare of the Town;
The proposed second unit will not adversely affect the
orderly development of property within the Town;
The proposed second unit is consistent with the
policies and goals as set by the general plan;
The proposed second unit will not create a nuisance or
enforcement problem within the neighborhood and will
not encourage marginal development.
VARIANCE
The approval of the variance is not a grant of special
privilege inconsistent with the limitations on other
properties in the vicinity inasmuch as the Town has
approved other variances to allow the reduction of required
house setbacks.
The approval of the variance is justified inasamuch as
the angle of the rear yard property line restricts the
second unit's ability to meet the Zoning Ordinance
Setback requirements.
The approval of the Variance will meet the intent of
the land use district in which the property is located
inasmuch as the intent of the district is to provide
reasonable priced housing for senior citizens.
II.
CONDITIONS OF APPROVAL
A. GENERAL
The development shall be as shown on the project
drawings labeled "Gross Residence - second living
unit", 412 Silver Chief Way, as prepared by J. Snowden
and marked EXhibit C on file with the Planning
Department except as modified by the following
conditions of approval.
The developer shall pay any and all City 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 permit is secured
Notice should be taken specifically of the City's
Transportation Improvement Program (TIP) fee, the
drainage acreage fee as established by the Flood
Control District, and Park Dedication Fee.
The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District and the San
Ramon Valley 'Unified School District.
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If archeological materials are uncovered during any
construction or pre-construction activities on the
site, all earthwork within 100 feet of these materials
shall be stopped until a professional archeologist
certified by the Society of California Archeology
and/or the Society of Professional Archeology has an
opportunity to evaluate the significance of the find
and to suggest appropriate mitigation measures, if they
are deemed necessary.
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Construction and grading operations shall be limited to
weekdays (Mondays through Fridays) during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the City Engineer.
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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. The owner shall
record a deed restriction setting forth this occupancy
requirement prior to the issuance of a building
permit. Nothing in this condition shall be construed
to prohibit one or both of the units remaining vacant.
Be
SITE PLANNING
Ail lighting shall be installed in such a manner that
glare is directed away from surrounding properties and
rights-of-way.
The location .of any pad transformers shall be subject
to approval by the Planning Department prior to the
issuance of a building permit. Generally speaking,
such transformers shall not be located between any
street and the front of a building.
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ARCHITECTURE
Ail ducts, imeters, 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 structure(s). The highest
point of any roof mounted equipment shall not extend
above the top of the equipment well.
Prior to the issuance of a building permit final
building plans and samples of final colors and
materials selected shall be submitted to the Planning
Department for review and approval.
PARKING
The secondary unit shall have one on-site parking
space as required by Section 8-2004.f of the Second
Unit Ordinance.
STREETS
The developer shall obtain an encroachment permit
from the Engineering Department prior to commencing
any construction activities within any public
right-of-way or easement.
The developer shall keep adjoining public streets
free and clean of project dirt, mud, materials and
debris during the construction period, as is found
necessary by the City Engineer.
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 developer. This shall include slurry seal,
overlay or street reconstruction if deemed warranted
by the City Engineer.
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Rain water from all new impervious surfaces shall be
collected and conveyed to Silver Chief Way.
INFRASTRUCTURE
Water supply service shall be provided by the East
Bay Municipal Utility District in accordance with the
requirements of the District.
Sewer disposal service shall be provided by the
Central Contra Costa Sanitary District in accordance
with the requirements of the District, unless
approval is secured to utilize a well system.
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 District.
Ail storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest approved downstream facility.
Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain
facility, or as approved by the City.
Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe.
Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways.
Ail utilities required to serve the development shall
be installed underground.
APPROVED BY THE TOWN OF DANVILLE
PLANNING COMMISSION on October 26, 1987
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