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Home My WebLink About90-56RESOLUTION NO. 90-$6 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN DP 90-23 AND LAND USE PERMIT LUP 90-14 FOR A 4,800 SQUARE FOOT PRIMARY DWELLING UNIT, POOL AND A 982 SQUARE FOOT SECOND DWELLING UNIT WITHIN A TOWN IDENTIFIED SCENIC HILLSIDE AREA WHE~, John Wright has requested approval of Land Use & Development Plan permits for a 4,800 square foot primary residence, pool, a 982 square foot second dwelling unit, and associated site grading within a Town identified scenic hillside area on a 4.91 acre site; and WHERF~S, this development plan request also contains a request to remove one 24oinch Valley Oak which has been partially destroyed by lighting; and WHEREAS, the subject site is located at 413 Cliffside Drive, and is identified as Assessor's Parcel Number 208-650-017; and WHE~, the Town of Danville Second Dwelling Unit Ordinance (Ord. No. 24-83) 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 for construction within the identified area; and WHE~, this project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act and a Notice of Exemption has been prepared for this project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 23, 1990; and WHEREAS, the proper notice of this request 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. 90-56 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. The Land Use Permit will not adversely affect the orderly development of property within the Town as Town Ordinance 24-83 allows the construction of 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. 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 FURTHER 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 project (proposed primary residence, pool and second unit) will not conflict with the purpose and intent of Town Ordinance 29-84 (Scenic Hillside and Major Ridgeline Development) in that this development will not adversely impact predominate views of the Town-identified Scenic Hillside Area. The proposed development is in conformance with the goals and policies of the General Plan. The proposed development is in conformance with all regulations of the A-2; General Agricultural Zoning District. NOW, THEREFORE, BE IT FURTHER 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 Second Dwelling Unit; PAGE 2 OF RESOLUTION NO. 90-56 ° ° The proposed land use permit shall not be detrimental to the health, safety and general welfare of the Town; and The proposed land use permit shall not adversely affect the orderly development of property within the Town as second units are allowed with approval of a Land Use Permit; and The land use permit shall not adversely affect the preservation of property values and the protection of tax base within the Town; and The Land Use Permit is in compliance with the goals and policies of the Danville 2005 General Plan; and The Land Use Permit shall not create a nuisance and/or enforcement problem within the neighborhood or community; and The Land Us Permit shall not encourage marginal development within the neighborhood; and Because of the location of the second dwelling unit on the site and the mature wooded surroundings, this unit will be screened from view of adjacent properties. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville approves the Tree Removal Permit request per the conditions contained herein and makes the following findings in support of the Tree Removal; The 24" Valley Oak cited for removal on the project plans is approximately 50% decayed, is in poor condition with respect to its health; and ° It is necessary to remove the tree to allow reasonable use and enjoyment of the property to construct the residence; and The removal of the tree will not have an effect on the erosion or increased flow of surface waters. CONDITIONS OF APPROVAL A. General 1. Except as may be modified by the following conditions of approval, the development shall be substantially as shown on the project drawings labeled PAGE 3 OF RESOLUTION NO. 90-56 'Wright Residence, prepared by Craig and Wood Architects, dated August 7, 1990, consisting of 6 sheets, dated received on October 9, 1990 and on file with the Planning Division. 0 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 Town's Transportation Impact (TIP) Fee. The Park Dedication fee for this parcel has been previously collected with recordation of the Final Subdivision Map 6098. The developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District, as summarized within their letter of September 12, 1990 and September 20, 1990 have been, or will be, met. 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 All lighting shall be installed in such a manner that glare is directed away from surrounding properties and right-of-ways. An exterior pathway from the street frontage to the second dwelling unit shall be incorporated with the project as depicted on the project drawings cited in Condition A.l.a. The pathway shall meet the requirements of the San Ramon Valley Fire Protection District. Architecture 1. The street number of the residence shall be posted so as to be easily seen from the street at all times, day and night. The materials approved with this Development Plan permit are as follows: - Body - Horizontal Lap Siding and Brick as depicted on project plans. - Roofing Material - Class A/B Fire Resistive Shakes. If concrete tile is selected as an alternative, the type and color selected shall be subject PAGE 4 OF RESOLUTION NO. 90-56 to review by the Planning Division. The final colors have not been approved with this application and are subject to review and approval by the Design Review Board prior to issuance of a building permit. The screen walls surrounding the pool shall be brick veneer and shall not exceed 3.5 feet in height with exception of the columns. Wrought iron fencing may be installed above the screen walls to achieve 6' fence. 3. The north elevation (garage wall) shall be brick. 4. The height of the residence shall not exceed twenty-six feet. 0 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 residence. LandscapinR A Final Landscape and Irrigation Plan of the eastern slope area from the screen walls to the street shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. The landscaping shall be installed prior to occupancy. o All existing trees on the site shall be preserved with the exception of one 24" Valley Oak which is authorized as part of this permit. The remaining existing trees on this parcel shall be preserved. All recommendations contained in the tree report prepared by William Owen, Landscape Architect dated October 3, 1990 shall be implemented to assure the preservation of the existing trees. The protective fencing shall be installed on all trees within the construction zone. 0 A cash deposit in the amount of 5,000 shall be posted to insure the health and preservation of the protected trees during the grading and construction phase a required by Town Ordinance No. 138, Tree Preservation. o The landscape plan shall provide emphasis on installation of additional shrubbery along the south property line to mitigate the view of the proposed pathway from the adjoining parcel. PAGE 5 OF RESOLUTION NO. 90-56 Ho 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 September 10, 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. 5. 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. 6. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 7. All storm water run-off shall be collected and conducted via an approved downstream facility. 8. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Fame. Grading Concurrent with issuance of a building permit, a grading permit issued by the City Engineer, will be required. As part of the grading permit submittal, a grading plan showing all drainage details and a soil/geotechnical report will be required. The report shall address site grading, drainage, soil stability and foundation considerations. Areas undergoing grading and all other construction activities shall be watered or treated with other dust control measures. These measures shall be approved by the City Engineer and employed at all times as conditions warrant. All disturbed slopes shall be hydroseeded. PAGE 6 OF RESOLUTION NO. 90-56 G0 Any grading on adjacent properties will require written approval of those property owners affected, to be submitted to the Planning and Engineering Divisions prior to commencement of any grading operations on the site. A grading permit and structural building permits shall be issued concurrently. Submittal of a detailed grading plan of the proposed pathway area and second dwelling unit (depicting the grading during the temporary construction phase for access and the ultimate design) shall be reviewed by the Planning and Engineering Division prior to issuance of a permit. 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 and private 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 public and private 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. Miscellaneous 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 be reverted to a single family occupancy. The owner shall record a deed restriction setting forth this occupancy requirement prior to issuance of a building permit. The owner shall submit evidence of a recorded road maintenance agreement prior to issuance of a building permit. The project shall be constructed as approved. Minor modifications in the design, but not in the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. PAGE 7 OF RESOLUTION NO. 90-56 Any significant changes to this approval will require re-noticing to the adjacent properties within 300' prior to issuance of an action. APPROVED by the Danville Planning Commission at a Regular Meeting on October 23, 1990 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Vilhauer, Hughes, Frost, Hunt, Hirsch, Hendricks Wright CHAIRMAN ITY ATTORNEY ppmm59 PAGE 8 OF RESOLUTION NO. 90-56