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HomeMy WebLinkAbout90-16RESOLUTION NO. 90-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 90-3 AND VARIANCE REQUEST 90-13 AUTHORIZING USE OF THE HISTORIC OSBORN HOUSE AS A SECOND DWELLING UNIT AND PERMITTING CONSTRUCTION OF AN ACCESSORY GARAGE STRUCTURE WITH DIMENSIONAL VARIANCES FOR BUILDING HEIGHT AND SETBACK WHEREAS, Good Neighbors Development and VFL Associates have requested approval of Land Use Permit and Variance applications to authorize the historic Osborn House to be utilized as a second dwelling unit with a detached accessory garage on a .58 acre site; and WHEREAS, the subject site is located on the northwest side of Diablo Road north of the intersection of Serena Lane at 916 Diablo Road and 15 Serena Lane and is identified as Assessor's Parcel Number 196-290-025 and a portion of 196-300-017 (Parcel A of SD 7196); and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Land Use Permit prior to the establishment of a second dwelling unit on a single parcel; and WHEREAS, the Town of Danville P-l; Planned Unit Development District establishes dimensional and setback criteria for all structures and deviation from from the dimensional standards requires approval of a Variance; and WHEREAS, it has been determined that this project is categorically exempt from the requirements of the California Environmental Quality Act; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 27, 1990; and WHEREAS, the proper notice of the hearing 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; PAGE 1 OF RESOLUTION NO. 90-16 NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville approves Land Use Permit LUP 90-3 and Variance VAR 90-13 per the conditions contained herein, and makes the following findings in support of the respective applications: A_:. Land Use Permit The proposed development is consistent with the goals and policies of the Danville 2005 General Plan. The proposed development is preserving and utilizing a heritage resource. Second units are allowed on residential parcels if design compatibility is achieved with the residences in the surrounding area. The proposed development will not be detrimental to the health safety and general welfare of the Town. The proposed development will not adversely affect the orderly development of property within the Town. The proposed development will not adversely affect the preservation of property values and the protection of the tax base within the Town. The proposed development will not create a nuisance or enforcement problem within the neighborhood or the Town. The proposed development will not encourage marginal development within the neighborhood. o The following special conditions or unique characteristic exist on the subject property warranting approval of the land use permit: ao This site is a portion of the parcel where the historic Osborn House was originally constructed. bo The development is compatible with the Osborn Estates subdivision. The design and siting of the subdivision was based on the location and use of the historic Osborn House as a second dwelling unit. C° The Osborn House is a unique and valuable resource, deserving creative and innovative land design to insure its preservation. PAGE 2 OF RESOLUTION NOo 90-16 B_:. Variances The proposed variances do not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the R-20; Single Family Residential and P-i; Planned Unit Development District, in which the property is located. The following special circumstances applicable to the subject property exist and strict application of the respective zoning regulations are found to compromise the subject property of equal enjoyment by other properties in the vicinity and within the R-20; Single Family Residential and P-l; Planned Unit Development District. The additional square footage within the second dwelling unit allows all appendages and additions of the structure to remain and the structure preserved in it's entirety. The roof pitch on the accessory structure is an architectural feature that is modeled after the design of the dwelling unit and improves the architectural appearance of the building. Siting the accessory garage structure within three feet of the rear property line, offers an improved site plan for development of a functional rear yard area. The north west property boundary of the subject site abuts the Green Valley Creek, contained in a parcel owned by the Contra Costa County Flood Control in fee title. 0 The proposed variances shall substantially meet the intent and purpose of the P-I; Planned Unit Development District and the R-20; Single Family Residential District in which the subject property is located as second living units and accessory structures are allowed in the Single Family Residential Districts. CONDITIONS OF APPROVAL A. GENERAL This Land Use Permit approval authorizes use of the 1,500 square foot historic Osborn House as a second dwelling unit. Concurrent Variance approval is granted to allow construction of a 440 square foot accessory garage with a 20 foot height and observing a 3-foot minimum rearyard. The site is currently identified as two separate parcels, as follows: Assessor's Parcel Number 196-290-025 and a portion of 196-300-017 (Parcel A of SD 7196). Development shall be substantially as shown on PAGE 3 OF RESOLUTION NO. 90-16 0 the project drawings as follows, except as may be modified by conditions contained herein; a0 Site Plan and Architectural Drawings prepared by Stoddard Design, AIA, consisting of four sheets dated received on February 21, 1990 by the Planning Division. The developer is exempted from all Town permit and other related fees that the property may be subject to, provided for by Resolution 133-89, which designated this structure as a Heritage Resource. Notice shall be taken to the drainage acreage fees as established by the Contra Costa County Flood Control District, which are not waived through the resolution. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been or will be met. The Fire District's initial comments on this project require installation of smoke detectors in the sleeping areas of the proposed second dwelling unit. 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, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around part or all of the site during construction of the project. SITE PLANNING 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. PAGE 4 OF RESOLUTION NO. 90-16 The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of either structure. LANDSCAPING Final Landscape and Irrigation Plans for the front yard of second dwelling this unit have been approved as part of the Landscaping Plans for the Osborn Estates subdivision (SD 7196). Any change to the approved plans must be reviewed and approved by the Planning Division prior to landscape installation. All landscaping and irrigation shall be installed prior to issuance of an occupancy permit for either structure. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover. Ail existing trees on the site shall be preserved to the extent practical. Removal of existing trees may occur only if prior written approval is secured from the Planning Division. ARCHITECTURE The street number of the second dwelling unit shall be posted so as to be easily seen from the street at all times, day and night. If signing to recognize this building as a historic structure is desired, details of said signage shall be submitted to the Town for consideration under a separate application. Said signage shall be understated so as not to detract from the aesthetic appearance of the site. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Division for review and approval. The approved colors are as follows: PAGE 5 OF RESOLUTION NO. 90-16 F0 Body: Trim: Shutters: Kelly Moore Oyster #26 Pittsburgh Colonial White #2531 Pittsburgh Valley Forge Green #7428 All change or deviation from the approved colors will require review and approval by the Planning Division. GRADING Any grading on adjacent properties will require submittal of written approval of those property owners affected. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the Chief Building Official and employed at all times as conditions warrant. STREETS The developer shall obtain an encroachment permit from the Engineering Division 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. 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. PAGE 6 OF RESOLUTION NO. 90-16 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 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. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. The developer 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City 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. 10. All new utilities required to serve the development shall be installed underground. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. The property owner shall occupy either the primary or the secondary residential unit. The owner shall record a deed restriction setting forth this occupancy requirement prior to issuance of a building permit for the accessory structure approved under this entitlement. The deed restriction PAGE 7 OF RESOLUTION NO~ 90-16 shall also serve to preclude use of the living room and study in the second dwelling unit as a second bedroom. Nothing in this condition shall be construed to prohibit one or both of the units remaining vacant. The deed restriction shall be submitted for review and approval by the Planning Division and the City Attorney prior to recordation. Unless otherwise modified by these conditions, this development shall comply with Conditions of Approval for PUD 89-1 and SD 7196. Prior to exercising this entitlement through application of a building permit for the accessory garage structure, the applicant shall submit all necessary documentation and obtain a Parcel Merger combining Parcel A of SD 7196, a portion of APN #196-300-017 with APN #196-290-025. If this merger does not occur, it is the responsibility of the developer of the Osborn Estates Subdivision (current owner of Parcel A) to merge Parcel A with Lot 5 prior to issuance of a building permit on that parcel and complete all restorative work to the historic structure prior to a building permit occupancy of the primary structure on Lot 5. Any future modifications to this unit will require prior review and approval by the Heritage Resource Commission. All restorations shall be consistent with the Secretary of Interior's Standards for Historic Preservation Projects and the California State Historic Building Code. PASSED, APPROVED AND ADOPTED THIS 27th day of March, 1990 by the following vote: AYES: Hughes, Hirsch, Hendricks, Wright, Hunt, Frost NOES: ABSTENTION: ABSENT: Vilhauer Chief of Plat)/ning Chairman ppmm50 PAGE 8 OF RESOLUTION NO,, 90-16