HomeMy WebLinkAbout2003-04RESOLUTION NO. 2003-04
LAND USE PERMIT REQUEST LUP 2002-30 TO ALLOW THE CONVERSION
OF AN EXISTING 663 +/- SQUARE FOOT STRUCTURE INTO A SECOND
DWELLING UNIT. A SETBACK WAIVER IS BEING REQUESTED FOR THE
SECOND DWELLING UNIT TO AUTHORIZE THE EXISTING STRUCTURE
TO ENCROACH APPROXIMATELY 20 FEET INTO
THE REQUIRED 30 FOOT REAR YARD SETBACK
(APN: 216-141-021 - CATELLO SECOND DWELLING UNIT)
WHEREAS, Charles and Berna Catello have requested approval of a Land Use Permit to
allow the conversion of an exist'mg 663 +/- square foot legal non-conforming structure into
a legal detached second dwelling unit on a 20,000 + square foot parcel; and
WHEREAS, the subject site is located at 110 & 132 Bonnievond Court, and is further
identified as Assessor's Parcel Numbers 216-141-018,019,020 & 021; and
WHEREAS, the Town of Danville R-20; Single Family Residential District Ordinance and
the Town's Second Dwelling Unit Ordinance requires approval of a Land Use Permit prior
to the establishment of a Second Dwelling Unit; and
WHEREAS, a setback waiver is requested to allow the second dwelling unit to encroach 20
feet into the required minimum 30 foot rearyard setback, resulting in a 10-foot rearyard
setback; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 11, 2003; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303; 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 2002-30 per the conditions contained herein, and makes the following
findings in support of this action:
Land Use Permit
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town, because the approval would create a legal conforming
situation on the parcel in this zoning district.
The land use will not adversely affect the orderly development of property within
the Town, because the project would bring the parcel into conformance with the
Town's zoning ordinance.
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 will not adversely affect the policy and goals as set by the 2010 General
Plan, because the project would bring the site into compliance with the general plan
land use designation.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community, because by merging the parcels, a legal parcel size
would be created and by sanctioning the second dwelling unit, the owner will be
able to obtain the proper building permits to not create an enforcement problem.
Waiver
The waiver to allow the structure to be located within the primary setback will not
adversely affect the privacy enjoyed by others in the vicinity because the structure
has been a dwelling unit since 1954 and adjacent neighboring residents structures
are substantially setback from the location of the existing unit.
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.
PAGE 2 OF RESOLUTION NO. 2003-04
This approval is for the legalization of an existing 663 +/- square foot detached
second dwelling unit located at 132 Bmmievond Court. Except as amended by the
conditions contain herein, development shall be substantially as shown on the
project drawing labeled "A new Custom Remodel," consisting of eight sheets, as
prepared by Peter G. Shutts AIA, dated received by the Planning Division on
February 3, 2003.
The colors and materials shall match the existing primary residence.
Prior to the issuance of a building permit, a landscape plan for the area immediately
surrounding the second dwelling unit shall be submitted to the Planning Division
for review and approval. The plan shall include screen trees along the east and
south elevations of the unit.
The landscaping around the second dwelling unit shall be installed prior to the
occupancy of the structure.
The landscaping shall be provided with an automatic irrigation system and shall be
maintained in a healthy growing condition.
The applicant shall pay or be subject to any and all 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 neighboring residents of the February 11, 2003 public
hearing. The fee shall be $42.00 (56 notices X $0.75 per notice).
Prior to the issuance of a 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.
Parcels 216-141-018,019, 020 and 021 shall be merged into parcel 216-141-021
creating one parcel in the size of 20,000 +/- square feet in size. A lot line adjustment
to acquire additional square footage to reach the 20,000 square foot minimum lot
size from the adjacent 505 Diablo Road lot shall be required to create the required
legal size of the parcel. This parcel merger and lot line adjustment application shall
be approved by the Town of Danville Engineering Division and recorded by the
applicant prior to the issuance of a building permit for the second dwelling unit.
PAGE 3 OF RESOLUTION NO. 2003-04
10.
11.
12.
13.
14.
While under the same ownership, the owner of the new Bonnievond parcel (after
the parcel merger and lot line adjustment) and 505 Diablo Road shall be required to
live in one of the three residential units on these two lots. When, in the future, the
Bonnievond parcel is transferred to different ownership than 505 Diablo Road, then
at least one of the two units on the Bonnievond parcel shall be owner-occupied. A
deed notification stating these requirements shall be recorded to run with the title of
both lots shall be recorded to the satisfaction of the Town prior to the issuance of
building permits for the project. Nothing in this section shall be construed to
prohibit one or all of the units from 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:
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
7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief Building
Official for building construction activity.
The second dwelling unit shall be constructed in conformance with the Building
Division requirements.
This permit authorizes the second dwelling unit at 663 +/- square feet in size. In the
event the primary structure is enlarged to be over 2,500 square feet in size, then this
second dwelling unit may be enlarged to a maximum square footage of 1,000 square
feet. This authorization may occur at an administrative level by the Chief of
PAGE 4 OF RESOLUTION NO. 2003-04
15.
16.
17.
18.
Planning.
The existing fences adjacent to the east and south property lines of the newly
created parcel 216-141-021 shall be relocated onto the property line, unless trees are
located on the property line. If a tree is located on the property line, then the fence
shall jog around the tree on the subject parcel. The 6 foot high fence located in the
Town of Danville's right-of-way, adjacent to Via Hermosa on the west property line
shall be relocated within the 25-foot front yard property line setback. If the property
owner wishes to construct a fence at or below 31/2 feet in height, then the fence may
be located on the west property line or within the 25-foot minimum front yard
setback. Since the applicant contends the newly constructed fence along the east
property is located on the property line, then a updated survey shall be submitted to
the Town of Danville verifying the fence is located on the east property line.
A title report shall be submitted to verify existing utility easement located on the
south property line connecting the existing power pole on Via Hermosa to a private
existing power pole adjacent to the 132 Bonnievond structure. If it is demonstrated
that an easement does exist, then the pole may remain, if an easement does not exist,
then the utility pole that serves 132 Bonnievond Court shall be relocated onto the
subject parcel at the expense of the property owner.
The property owner shall provide verification that the existing pipe located under
the Bonnievond Court driveway meets the hydraulic capacity for this drainage
ditch.
The structure at 110 Bonnievond Court shall be modified to be brought back into
conformance with the original structure size and design. This involves converting
the eastern portion of the structure back into* a carport. Since it is the intent of the
property owner to construct a new primary dwelling unit at 110 Bmmievond Court
in the near future and the resident located in that structure would move into the 132
Bonnievond upon completion of the remodel, the Town of Danville is willing to
grant the property owner a timeframe in which said improvements need to be made
or a building permit for the new primary structure need to be submitted. Prior to
final permit approval and occupancy of the structure at 132 Bonnievond Court, a
building permit to convert the former carport into a carport structure at 110
Bonnievond Court shall be secured by the Town of Danville and a construction time
frame Shall be submitted committing to completed conversion within six months
from the date of occupancy of the structure at 132 Bonnievond Court. If a new
primary structure is to be constructed on the site in lieu of the conversion of the
occupied space back to a carport, then a pending building permit shall be under
review by the Town of Danville and a demolition permit for the structure at 110
Bonnievond Court shall be obtained prior to occupancy of the structure at 132
PAGE 5 OF RESOLUTION NO. 2003-04
Bonnievond Court.
19.
The temporary tent parking/storage structure located within the front yard setback
shall be removed or relocated within the setbacks for the primary residence.
20.
The property owner shall submit evidence to the Town of Danville that the septic
system on the parcel continues to meet the requirements of the Contra Costa County
Health Department. If it were verified that the septic system is in need of repair,
modifications would need to be made by the property owner to bring the system
into compliance.
APPROVED bythe Danville Planning CmTLmission at a'regular meeting on February 11,
2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jameson, Combs, Graham, Osborn, Moran, Legg, and Storer
Q~lairman
APPROVED AS TO FORM:
City Attorney
Chief o ~,9/aing
PAGE 6 OF RESOLUTION NO. 2003-04