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HomeMy WebLinkAbout96-17EXHIBIT A RESOLUTION NO. 96-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 96-07 AND DEVELOPMENT PLAN DP 96-09 TO CONSTRUCT A 1,849+ SQUARE FOOT ADDITION TO INCLUDE A 998+ SQUARE FOOT SECOND LIVING UNIT AT AN EXISTING SINGLE FAMILY RESIDENCE LOCATED IN A TOWN IDENTIFIED SCENIC HILLSIDE AREA (APN: 207-510-002) - LAFFERTY WHEREAS, Richard Lafferty has requested approval of a Land Use Permit and Development Plan to construct a 1,849+ square foot addition to include a 998+ square foot second living unit at an existing single family residence located in a Town-designated Scenic Hillside area on a .72 + acre site; and WHEREAS, the subject site is located on the north side of Lowell Drive, at 168 Lowell Drive and is further identified as Assessor's Parcel Number 207-510-002; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance (Ord. No. 94-11) requires approval of a Land Use Permit prior to establishing a second dwelling unit on a single family parcel; and WHEREAS, the Town of Danville Scenic Hillside and Major Ridgeline Ordinance (Ord. No. 29-84) requires approval of a Development Plan prior to grading or construction within a Town identified Scenic Hillside area; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 23, 1996; 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 WHERF~S, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it PAGE I OF RESOLUTION NO. 96-17 RESOLVED the Planning Commission of the Town of Danville approves the Negative Declaration of Environmental Significance for the project and approves Land Use Permit LUP 96-07 and Development Plan DP 96-09 per the conditions contained herein, and makes the following findings in support of the Land Use Permit and Development Plan: Land Use Permit: The land use will not adversely affect the orderly development of property within the Town. The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use supports the policies and goals as set by the General Plan. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. Development Plan The proposed siting and architecture of the addition will not conflict with the intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline Development"), in that development will not adversely impact predominate views of a 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 the zoning district in which the property is located. Based on the completion of the Initial Study of Environmental Significance and comments received, there is no substantial evidence before the Town that the PAGE 2 OF RESOLUTION NO. 96-17 project will have a significant adverse effect on the environment. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval o Unless otherwise specified, the following conditions shall be complied with prior to 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. * 3. * 4. This approval is for the construction of a 1,849+ square foot addition to an existing single family residence which includes a 998+ square foot second living unit located at 168 Lowell Drive. Except as may be modified by the following conditions, development shall be substantially as shown on the project drawing consisting of 7 sheets labeled Lafferty Addition, as prepared by Craig & Wood Architects, dated received by the Planning Division on April 18, 1996. 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. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. PAGE 3 OF RESOLUTION NO. 96-17 Bo e 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 work days. Dust-producing activities shall be discontinued during high wind periods. LANDSCAPING Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Commission. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. o All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray° ° All trees shall be a minimum of 15 gallon container size. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. All landscaping shall be installed within six months after the issuance of the certificate of occupancy for the addition. Prior to issuance of a certificate of oCcupancy, the property owner shall submit to the Town a security, acceptable to the Chief of Planning, which is equal to 125 percent of the estimated value of the installation of the landscape improvements to guarantee the installation of landscaping. ARCHITECTURE 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. PAGE 4 OF RESOLUTION NO. 96-17 Samples of final materials and the proposed color pallet shall be submitted for review and approval by Planning staff prior to the issuance of building permits for the project. Do GRADING * 1o Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site, to the homeowner associations of nearby residential projects and to the Town of Danville Development Services Department, a notice that construction work will commence. The notice shall include a list of contact persons with name, title, phone number and area of responsibility. The person responsible for maintaining the list shall be included. The list shall be kept current at all times and shall consist of persons with authority to initiate corrective action in their area of responsibility. The names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice~ Development shall be completed in compliance with a detailed ge.technical report and the construction grading plans prepared for this project. The engineering recommendations outlined in the project specific geotechncial report shall be incorporated into the design of this project. The report shall include specific recommendations for foundation design of the proposed addition and shall be subject to review and approval by the Town's Engineering and Planning Divisions. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the ge.technical report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall take place in compliance with the Town Erosion Control Ordinance (Ord. 91-25). Restrictions include limiting construction PAGE 5 OF RESOLUTION NO. 96-17 Eo Fo primarily to the dry months of the year (May through October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered° o All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns° Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed. A NPDES construction permit may be required, as determined by the City Engineer. The applicant shall demonstrate a good faith effort to secure approval from the neighboring property owner to the north (APN: 207-510-005) to remove debris from the subject lot. STREETS 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. Any damage to street improvements now, existing or done during construction on or adjacent to the subiect 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. Drainage facilities shall be provided to the satisfaction of the City Engineer and the Chief of Building. ° Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility. The applicant shall furnish proof to the City Engineer of the acquisition of temporary rights of entry via any adjacent properties to the subject site. MISCELLANEOUS The property owner shall occupy either the principal or the secondary rcMdcncc. If neither unit is owner-occupied, then the use of the property shall revert to a single family occupancy (i.e., the approved second dwelling unit shall be converted, as appropriate, to become accessory PAGE 6 OF RESOLUTION NO. 96-17 0 living space to the principle residence on the 1o0. Nothing in this section shall be construed to prohibit one or both of the units remaining vacanto Prior to obtaining a building permit for the second dwelling unit, 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, stating that: a0 The maximum size of the second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in proceedings to revoke the Land Use Permit. Co The Land Use Permit allowing occupancy of the new 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. Off-street parking for the second unit shall be provided in the existing three car garage attached to the primary unit or in a parking area located adjacent to the primary unit's existing garage. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Development Plan and Land Use Permit application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. PAGE 7 OF RESOLUTION NO. 96-17 APPROVED by thc Danville Planning Commission at a Regular Meeting on April 23, 1996 by the following vote: AYES: NOES: - ABSENT: ABSTAINED: Murphy Bowlby, Combs, Hunt, Jameson, Moran, Osborn City Attorney APPROVED AS TO FORM: Chief of l~a~g PAGE 8 OF RESOLUTION NOo 96-17