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HomeMy WebLinkAbout90-26RESOLUTION NO. 90-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 90-4 AND DEVELOPMENT PLAN DP 90-9 FOR A 1,000 SQUARE FOOT SECOND DWELLING 'UNIT WITHIN A TOWN IDENTIFIED SCENIC HILLSIDE AREA WHEREAS, Kile & Judy Morgan have requested approval of Land Use & Development Plan permits for a 1,000 square foot second dwelling unit within a Town identified scenic hillside area on a 1.056 acre site; and WHEREAS, the subject site is located, at 59 Starmont Lane, and is identified as Assessor's Parcel Number 199-070-040; and WHEREAS, the Town of Danville R-40; Single Family Residential District Ordinance requires approval of a Land Use Permit, and the Town of Danville Scenic Hillside and Major Ridgeline Development Ordinance (Ord. No. 24-83) requires approval of a Development Plan; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 24, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHERFAkS, 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 the Land Use Permit request per the conditions contained herein, and makes the following findings in support of the Land Use Permit request: 1. The proposed project is consistent with the Danville 2005 General Plan. The Land Use Permit will not be detrimental to the health, safety and general welfare of the Town. Thee Land Use Permit will not adversely affect the orderly development of property within the Town as Town Ordinance 24-83 allows the construction of PAGE 1 OF RESOLUTION NO. 90-26 a second dwelling unit on a single parcel subject to a land use permit. The Land Use Permit will not adversely affect the preservation of property values and the protection of the tax base within the Town. o The Land Use Permit will not create a nuisance and/or enforcement problem within the neighborhood. The Land Use Permit will not encourage marginal development in the neighborhood as this unit is compatible in quality and design with the primary residence on the site. NOW, THEREFORE, BE IT FUKFHER RESOLVED THAT the Planning Commission of the Town of Danville approves the Development Plan request per the conditions contained herein and makes the following findings in support of the Development plan: The siting and architecture of the proposed second unit will not conflict with the purpose and intent of Town Ordinance 29-84 (Scenic Hillside and Major Ridgeline Development) in that this addition will not adversely impact predominate views of the Town-identified Scenic Hillside Area. The proposed second unit is in conformance with the goals and policies of the General Plan. The proposed addition is in conformance with all regulations of the R-40; Single Family Residential Zoning District. CONDITIONS OF APPROVAL A. General Except as may be modified by the following conditions of approval, the development shall be substantially as shown on the project drawings labeled "Kile & Judy Morgan Residence Guest House, dated received March 8, 1990, consisting of 4 sheets, and on file with the Planning Division. The developer 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 permit is secured. Notice should be taken specifically to the Towns Park Dedication fees and the Towns Transportation Improvement (TIP) Fees. The developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District, as summarized within their letter of March 30, 1990, have been, or will be, met. ,,'---, PAGE 2 OF RESOLUTION NO. 90-26 Bo C0 D0 Eo Fo 4. 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. Site Planning 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and right-of-ways. 2. The location of the proposed arbor shall be modified to be attached to the second dwelling unit. Architecture 1. The street number of the second unit shall be posted so as to be easily seen from the street at all times, day and night. 2. The proposed deck shall be a maximum of 30 inches in height. 3. The final colors of the second unit shall be compatible with the primary residence. Infrastructure 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the district. 2. Sewage disposal shall meet the requirements of the Contra Costa Central sanitary District as summarized within their letter of April 6, 1990. 3. Roof drains shall empty onto paved areas, concrete swales, a pipe, or other approved dissipating devices. 4. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Landscaping 1. A landscape plan of the area around the proposed second unit shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. Miscellaneous 1. The property owner shall occupy either the principal or the secondary PAGE 3 OF RESOLUTION NO. 90-26 o residential unit. If neither unit is owner-occupied, then the use of the property shall be reverted to a single family occupancy. The owner shall record a deed restriction setting forth this occupancy requirement. The applicant shall receive permission from the areas Home Owners Association relative to the covering up of the existing drainage ditch by the proposed decking. Documentation of the Home Owners Association approval shall be submitted to the Town prior to issuance of a building permit. PASSED, APPROVED AND ADOPTED THIS 24th day of April, 1990 by the following vote: AYES: Vilhauer, Hughes, Hirsch, Hendricks, Wright, Hunt and Frost NOES: ABSTAIN: ABSENT: APPROVF~~lSdRM: C36] Attorney Chairman pdcz4 PAGE 4 OF RESOLUTION NO. 90-26