HomeMy WebLinkAbout2004-05RESOLUTION NO. 2004-05
APPROVING DEVELOPMENT PLAN REQUEST DP 2004-03 ALLOWING
THE DEVELOPMENT OF A 1,480+/- SQUARE FOOT SECOND
DWELLING UNIT -- TATE (APN: 196-490-003)
WHEREAS, Erika and Andrew Tate have requested approval of a Development Plan
request (DP 2004-03) to allow the development of a 1,480+/- square foot second dwelling
unit on a 1.3 +/- acre site; and
WHEREAS, the subject site is located at 899 Dolphin Drive and is further identified as
Assessor's Parcel Number 196-490-003; and
WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires the approval
of a Development Plan application prior to the establishment of a second dwelling unit
which is larger than 750 square feet in size; and
WHEREAS, the Town of Danville Second Dwelling Unit Ordinance requires the approval
of a Development Plan by the Planning Commission for any second dwelling unit which is
larger than 1,000 square feet in size; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
February 24, 2004; 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
Development Plan request DP 2004-03 per the conditions contained herein, and makes the
following findings in support of this action:
FINDINGS
The proposed development will not be detrimental to the to the health, safety, and
general welfare of the Town.
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The second dwelling unit use will not adversely affect the orderly development of
property within the Town.
The second dwelling unit will not adversely affect the preservation of property
values and the protection of the tax base within the Town.
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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.
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The proposed use will not encourage marginal development within the
neighborhood, since the neighborhood is established.
The proposed second dwelling unit will be in scale with the receiving property and
not larger than the primary residence on the property.
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 1,480 +/- square foot detached second
dwelling unit. The second dwelling unit is to be part of a building which also
includes an 817+/- square foot garage/shop. Except as amended by the conditions
contained herein, development shall be substantially as shown on the project
drawing labeled "Kury Addition," consisting of six sheets, date received by the
Planning Division on March 5, 2003.
PAGE 2 OF RESOLUTION NO. 2004-05
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Prior to the issuance of a final inspection, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the February 24, 2004 public
hearing. The fee shall be $66.75 (89 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:
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The second dwelling unit shall not be sold separately and may not be
subdivided off from the principal residential unit.
b. The second dwelling unit is restricted to the size approved by the
Development Plan 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
Development Plan Permit.
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.
PAGE 3 OF RESOLUTION NO. 2004-05
10.
11.
12.
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 outside building lighting for this structure shall be down directed and shielded
as to not create glare onto adjacent properties.
If installed, the air conditioning unit shall be required to be placed on the ground on
the east or south side of the structure.
The structure shall be painted to match the existing primary residence on the parcel.
A landscape plan for the area around the second dwelling unit shall be submitted
for review and approval by the Planning Division prior to issuance of a building
permit for the second dwelling unit. Landscaping shall be installed prior to
occupancy of the unit.
APPROVED by the Danville Planning Commission at a regular meeting on February 24,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
City Attorney .
Chief o
PAGE 4 OF RESOLUTION NO. 2004-05