HomeMy WebLinkAbout2005-06RESOLUTION NO. 2005-06
DEVELOPMENT PLAN REQUEST TO CONSTRUCT A 969 +/- SQUARE FOOT
ADDITION TO AN EXISTING 781 +/- SQUARE FOOT POOL CABANA ON
A 1.6 +/- ACRE PARCEL RESULTING IN A 1,750 +/-
SQUARE FOOT SECOND DWELLING UNIT
(APN: 199-160-006 - ANDERSON SECOND DWELLING UNIT)
WHEREAS, Diane and Warren Anderson have requested approval of a Development Plan
application to construct a 969 +/- square foot addition to an existing 781 +/- square foot
pool cabana on a 1.6 +/- acre site; and
WHEREAS, the subject site is located at 214 Montair Drive and is further identified as
Assessor's Parcel Number 199-160-006; 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; and
WHEREAS, the Planning Commission did review the proj?ct at a noticed public hearing on
February 8, 2005; 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 2005-02 per the conditions contained herein, and makes the
following findings in support of this action:
FINDINGS
Development Plan
The proposed development is in conformance with the goals and policies of the 2010
General Plan.
The proposed development is in conformance with the zoning district in which the
property is located.
o
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.
Given the placement of the structUre in relationship to residences on adjacent parcel,
the proposed setback waiver will not result in a privacy impact to surrounding
property owners'.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of abuilding 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 969 +/- square foot addition to and
existing 781 +/- square foot detached pool cabana. Except as' amended by the
conditions contained herein, development shall be substantially as shown on the
project drawing labeled "Guest House Remodeling & Expansion," consisting of two
sheets, date received by the Planning Division on January 4, 2005.
Prior to the issuance of a final inspection, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the February 8, 2005 public hearing.
The fee shall be $33.75 (45 notices X $0.75 per notice).
o
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. 2005-06
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 been 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.
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.
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. No outdoor lighting shall be located
on the north elevation of the second dwelling unit.
PAGE 3 OF RESOLUTION NO. 2005-06
10.
A row of fast growing evergreen shrubs or solid wood fence shall be installed along
the north elevation of the second dWelling unit to screen the unit from the adjacent
residence on the neighboring property. The property owner shall work with the
directly affected property owner to the north to decide t, he most acceptable method
of screening for the property owner.
11.
The structure shall be painted to match or be compatible with the existing primary
residence on the parcel.
APPROVED by the Danville Planning Commission at a regular meeting on February 8,
2005 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Storer, Graham, Combs, Osborn, Condie, Nichols, and Morgan
Moran
Chairman~
APPROVED AS TO FORM:
City Attorney
Chief of
PAGE 4 OF RESOLUTION NO. 2005-06