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Home My WebLink About2001-09RESOLUTION NO. 2001-09 APPROVING LAND USE PERMIT REQUEST LUP 2001-05 ALLOWING THE CONSTRUCTION OF A 540 +/- SQUARE FOOT SECOND DWELLING UNIT, LOCATED IN THE REAR YARD AREA OF THE PARCEL, ATTACHED TO THE PRIMARY RESIDENCE BY A COVERED BREEZEWAY (APN 201-181-009 - BLUM) WHEREAS, Gary and Chris Blum have requested approval ora Land Use Permit (LUP 2001- 05) to construct a 540 +/- square foot attached second dwelling unit on a .31 +/- acre site; and WHEREAS, the subject site is located at 668 Glen Road and is further identified as Assessor's Parcel Number 201-181-009; and WHEREAS, the Town of Danville's R-10; Single Family Residential District Ordinance and Second Dwelling Unit Ordinance require approval of a Land Use Permit prior to the establishment of a second dwelling unit; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 13, 2001; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA); 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 the 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 Land Use Permit request LUP 2001-05 per the conditions contained herein and makes the following findings in support of this action: Findings: The proposed land use will not be detrimental to the health, safety, and general welfare of the Town because the Town encourages second dwelling units to provide affordable housing within the Town. The land use will not adversely affect the orderly development of property within the Town because the proposed land use is consistent with the land use requirements for this parcel. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town because the proposed second unit will increase the value of the existing and surrounding properties. The land use will not adversely affect the goals and policies as set by the 2010 General Plan because the proposed land use is encouraged in the housing element of the General Plan. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community because the proposed residential use is consistent with the existing residential character of the neighborhood. The land use will not encourage marginal development within the neighborhood because the development will be of high quality and compatible with the character of the existing residence and the neighborhood. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. This approval is for the construction of a 540 +/- square foot attached second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawings labeled "BIum Guest House," consisting of five sheets, dated received by the Planning Division on February 7, 2001, with the revised site plan, dated March 9, 2001. 2. The colors and materials shall match the existing primary residence. PAGE 2 OF RESOLUTION NO. 2001-09 The applicant shall pay or be subject to any and ail applicable Town and other related fees. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding residents of the March 13, 2001 public hearing. The fee shall be $ 91.50 (122 notices X $0.75 per notice). Prior to the issuance ora building permit for the construction of the second dwelling unit, 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 (SRVUSD) have been met to the satisfaction of these respective agencies. 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. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. Before obtaining a Building Permit for a 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, and stating that: a. The second dwelling unit shall not be sold separately and may not be subdivided. 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 or the property and lack of compliance shall result in proceedings to revoke the Land Use Permit. The Land Use Permit allowing the 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. Construction activity shall be restricted to the period between the weekday hours of 8:00 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. PAGE 3 OF RESOLUTION NO. 2001-09 10. 11. 12. 13. 14. 15. 16. Domestic water supply shall be from an existing public water system. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. All wastewater shall be disposed of into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. The second dwelling unit shall be constructed in conformance with the Building Division requirements. The applicant shall construct a solid wood fence within the rear-yard (northeast) property line on the subject property. A licensed surveyor shall stake the location of the northeast property line to ensure the fence is placed directly within and entirely on the subject property. This fence shall be installed prior to the issuance of a building permit for the Second Dwelling Unit, and shall be maintained in a like-new condition by the owner of this property. The applicant shall install a cluster of three evergreen trees along the northeast elevation, approximately 10 feet from the second dwelling unit, and two evergreen trees along the southwest elevation, approximately 10 feet from the second dwelling unit, to provide additional screening from adjacent properties. The evergreen trees shall be a minimum of 15-gallon in size, and shall be maintained in a healthy growing condition. The site plan shall be amended to include this condition and submitted to the Town for final review and approval of the selected evergreen tree. The applicant shall obtain a final building permit inspection on the primary residence prior to the issuance of a building permit for the second dwelling unit. Roof drainage from structures shall be collected via an existing or new closed pipe and conveyed to an approved storm drainage facility in the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. PAGE 4 OF RESOLUTION NO. 2001-09 17. Construction material delivered to the home shall be moved to an appropriate screened area within one day, out of the front yard area. Storage of building materials in the front yard area or any area visible from view is prohibited. 18. Use of temporary portable toilet facilities (i.e. Port-a-potti) is expressly prohibited on the project site or in the adjacent right-of-way. 19. A Drainage Plan shall be submitted to the Town for review and approval prior to the issuance of a building permit. The Town's Planning Division shall conduct a final inspection prior to the issuance of final occupancy of the second dwelling unit. APPROVED by the Danville Planning Commission at a regular meeting on March 13,2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Condie, Graham, Legg, Moran, Storer, Osborn APPROVED AS TO FORM: City Attorney f:\planning\application\lup\lup 2001-05\pc staff reportLUP2000-18.doc PAGE 5 OF RESOLUTION NO. 2001-09