HomeMy WebLinkAbout2004-21RESOLUTION NO. 2004-21
APPROVE DEVELOPMENT PLAN REQUEST TO CONSTRUCT A 1,072 +/-
SQUARE FOOT SECOND DWELLING UNIT WITH AN ATTACHED 297 +/-
SQUARE FOOT GARAGE ON A 5 +/- ACRE PARCEL LOCATED IN A TOWN-
IDENTIFIED SCENIC HILLSIDE AREA
(APN: 208-057-012 - MEYERS SECOND DWELLING UNIT)
WHEREAS, David Meyers have requested approval of a Development Plan application to
construct a 1,042 +/- second dwelling unit with an attached 297 +/- square foot garage on a
5 +/- acre site; and
WHEREAS, the subject site is located at 1751 Peters Ranch Road and is further identified as
Assessor's Parcel Number 208-057-012; and
WHEREAS, the Town of Danville Second Dwelling Unit Ordinance require approval of a
Development Plan prior to the establishment of a Second Dwelling Unit on a parcel located
in a Scenic Hillside area; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 28, 2004; and
WHEREAS, the project has been found to be Categorically Exempt fi:om 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, ~ecommendations,
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 2004-25 per the conditions contained herein, and makes the
following findings in support of this action:
FINDINGS
Development Plan
The proposed siting and architecture of the new residence will not conflict with the
intent and purposes of Ordinance 29-84 ("Scenic Hillside and Major Ridgeline
Development"), in that development will be achieved, with minimal grading and
will not adversely impact predominate views of a Town-identified Scenic Hillside or
Major Ridgeline area.
The proposed development is in conformance with the goals and policies of the 2010
General Plan.
o
The proposed development is in conformance with the zoning district in which the
property is located.
The proposed second dwelling unit is in scale with the receiving property and is not
larger than the primary residence and is architecturally designed to mitigate the
potential appearance of excessive building mass.
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 1,072 +/- square foot detached second
dwelling unit, With an attached 297 +/- square foot garage. Except as amended by
the conditions contained herein, development shall be substantially as shown on the
project drawing labeled "Meyers Residence," consisting of six sheets, date received
by the Planning Division on June 8, 2004.
Prior to the issuance of a final inspection, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the September 28, 2004 public
hearing. The fee shall be $63.00 (84 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.
PAGE 2 OF RESOLUTION NO. 2004-21
o
o
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 be~n approved by the City Attorney as to its form and content, and
stating that:
ao
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.
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.
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.
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.
PAGE 3 OF RESOLUTION NO. 2004-21
10.
Three additional fast growing evergreen trees shall be planted on the berm behind
the deck of the second dwelling unit to provide screening of the unit from residents
in the adjacent development.
11. The structure shall be painted to match the existing primary residence on the parcel.
12.
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.
13.
The final grading and drainage plan shall include a berm (approximately 3-5 +/-
feet in height above the finished grade for the building pad elevation) along the east
side slope of the second dwelling unit which shall reduce the overall mass and
height of the structure.
APPROVED by the Danville Planning Commission at a regular meeting on September 28,
2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Condie, Legg, Moran, Osborn, Storer
Graham, Jameson
APPROVED AS TO FORM:
City Attorney
Chief o~ng
PAGE 4 OF RESOLUTION NO. 2004-21