HomeMy WebLinkAbout2003-26 RESOLUTION NO. 2003-26
APPROVE DEVELOPMENT PLAN REQUEST DP 2003-26 AND VARIANCE
REQUEST VAR 2003-48 ALLOWING THE CONSTRUCTION OF A 1,350 +/-
SQUARE FOOT ATTACHED SECOND DWELLING UNIT
(APN: 203-160-009 - KURY SECOND DWELLING UNIT)
WHEREAS, John and Mary Kury, have requested approval of an attached 1,350 +/- square
foot second dwelling unit on a 38,420 +/- square foot parcel; and
WHEREAS, a variance is also requested to allow the second dwelling unit to exceed 1,000
square feet in size on a parcel which is less than 40,000 square feet in size; and
WHEREAS, the subject site is located at 3575 Old Blackhawk Road and is further identified
as Assessor's Parcel Number 203-160-009; and
WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires approval of a
Development Plan for second dwelling units which are over 1,000 square feet in size; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
December 16, 2003; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA, Section 15301); 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
Development Plan request DP 2003-26 and Variance request VAR 2003-48 per the
conditions contained herein, and makes the following findings in support of this action:
Development Plan Findings
The proposed development will not be detrimental to the to the health, safety, and
general Welfare of the Town.
The second dwelling unit use will not adversely affect the orderly development of
property within the Town.
o
The second dwelling unit will not adversely affect the preservation of property
values and the protection of the tax base within the Town.
The second dwelling unit will not adversely affect the policy and goals as set by the
2010 General Plan.
The second dwelling unit will not create a nuisance and~ or enforcement problem
within the neighborhood or community.
The proposed use will not encourage marginal development within the
neighborhood, since the neighborhood is established.
Variance Findings
This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the P-l; Planned Unit Development
'Zoning District in which the subject property is located.
o
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:
ao
The proposed Second Dwelling unit meets the intent of the Town's Second
Dwelling Unit Ordinance in that the addition/second unit is properly
massed to compliment the existing home, is appropriate given the size of the
parcel and its relationship with surrounding properties, and is within the
primary setbacks for the main residence.
o
This variance is in substantial conformance with the intent and purpose of the P-l;
Planned Development Zoning District in which the subject property is located since
the variance would allow for reasonable development of the parcel.
PAGE 2 OF RESOLUTION NO. 2003-26
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.
o
o
This approval is for the construction of a 1,350 +/- square feet attached second
dwelling unit. Except as amended by the conditions contain herein, development
shall be substantially as shown on the project drawing labeled "Kury Addition,"
consisting of six sheets, dated received by the Planning Division on March 5, 2003.
The building permit for this second dwelling unit shall be reactivated and finaled
prior to issuance of a building permit for the main residence.
Prior to the issuance of a final inspection, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the December 16, 2003 public
hearing. The fee shall be $87.75 (117 notices X $0.75 per notice).
Prior to the issuance of the building permit for 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. ·
bo
The second dwelling unit is restricted to the size approved by the
Development Plan Permit allowing the unit.
Co
The restrictions shall be binding upon any successor in ownership or the
property and lack of compliance shall result in proceedings to revoke the
Development Plan Permit.
PAGE 3 OF RESOLUTION NO. 2003-26
do
The Development Plan 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.
10.
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.
11.
The outside building lighting for this structure shall be down directed and shielded
as to not create glare onto adjacent properties.
APPROVED by the Danville Planning Commission at a regular meeting on December 16,
2003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Graham, Jameson, Legg, Moran, Osborn, Storer, Combs
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of Pla~
f:\planning\ application\ lup\2003\ lup03-26\Pcstaffreport2ndtmit, doc
PAGE 4 OF RESOLUTION NO. 2003-26