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Home My WebLink About2003-08RESOLUTION NO. 2003-08 APPROVE LAND USE PERMIT REQUEST LUP 2002-31 AND VARIANCE REQUEST VAR 2002-47 ALLOWING THE CONSTRUCTION OF A 994 +/- SQUARE FOOT DETACHED SECOND DWELLING UNIT TO BE LOCATED WITHIN THE FRONT YARD SETBACK SUBJECT (APN: 199-220-038 ~ VAN BROCKLIN SECOND DWELLING UNIT) WHEREAS, Kyle & Vicki Van Brocklin have requested approval of a Land Use Permit (LUP 2002-31) to allow the construction of a 994+/- square feet detached second dwelling unit; and WHEREAS, a Variance has been requested to allow the structure to encroach 17+/- feet into the required minimum 25 foot front yard setback, resulting in an 8 +/- foot setback; and WHEREAS, the subject site is located at 334 Love Lane, and is further identified as Assessor's Parcel 199-220-038; and WHEREAS, the Town of Danville R-20; Single Family Residential District Ordinance and Second Dwelling Unit Ordinance require approval of a Land Use Permit request 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 25, 2003; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) 15303; and WHEREAS, the public notice of this action was given in ali 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 ail 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 2002-31 and Variance request VAR 200247 per the conditions contained herein, and makes the following findings in support of this action: Land Use Findings The proposed land use will not be detrimental to the health, safety, and general welfare of the Town because the Town of Danville 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 property. The land use will not adversely affect the policy and goals 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 and quality of the neighborhood. Variance This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-20; Single Family Residential Zoning District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Due to the irregular shape of the parcel, the location of several easements and the location of a Town-protected oak tree, the subject property is deprived of rights enjoyed by others properties in the vicinity and within the identical land use district. PAGE 2 OF RESOLUTION NO. 2003-08 This variance is in substantial conformance with the intent and purpose of the R-20; Single Family Residential Zoning District in which the subject property is located since the variance would allow for reasonable development of the parcel. 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 994 +/- square feet detached second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawing labeled "New Cottage for Kyle and Vicki Van Brocklin,' consisting of six sheets, dated received by the Planning Division on March 17, 2003. 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 March 25, 2003 public hearing. The fee shall be $62.25 (83 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 and the San Ramon Valley Unified School District 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: The second dwelling unit shall not be sold separately and may not be subdivided off from the principal residential unit. PAGE 3 OF RESOLUTION NO. 2003-08 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. 10. 11. 12. 13. 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. 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 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 color and building materials for this structure shall match the primary residence. The grading and drainage plan for this parcel shall address how overflow water from an adjacent trash rack will be collected and conveyed to an approved storm drain system. This plan shall be subject to final review and approval of the City Engineer prior to the issuance of a grading or building permit, whichever comes first. The outside building lighting for this structure shall be down directed and shielded as to not create glare onto adjacent properties. 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. PAGE 4 OF RESOLUTION NO. 2003-08 APPROVED by the Danville Plmxning Commission at a regular meet'mg on March 25, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Moran, Condie, Graham, Combs, Jameson, Legg, and Osborn Chairman APPROVED AS TO FORM: City Attorney Chief of f:~plam~ing\applicatSonyup~2002¥up02-31\pc staff reportLUP02-31.doc PAGE 5 OF RESOLUTION NO. 2003-08