Loading...
HomeMy WebLinkAbout2006-05 RESOLUTION NO. 2006-05 APPROVE DEVELOPMENT PLAN REQUEST DP 2005-38 ALLOWING THE CONVERSION OF AN EXISTING PRIMARY RESIDENCE INTO A 2,000 +/- SQUARE FOOT SECOND DWELLING UNIT (APN: 208-120-005 - CONSOS SECOND DWELLING UNIT) WHEREAS, Peter and Mitra Cons os have requested approval of a Development Plan (DP 2005-38) to convert an existing primary residence into a 2,000 +/ - square foot second dwelling unit on a 1.5 + / - acre parcel; and WHEREAS, the subject site is located at 536 Highland Drive and is further identified as Assessor's Parcel Number 208-120-005; 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 March 28, 2006; and WHEREAS, the project has been found to be Categorically Exempt from 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, 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 2005-38 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings 1. The proposed development will not be detrimental to the health, safety, and general welfare of the Town. 2. The second dwelling unit use will not adversely affect the orderly development of property within the Town, because the land use is the same as neighboring properties. 3. The second dwelling unit will not adversely affect the preservation of property values and the protection of the tax base within the Town, because remodeling an existing home and construction of a new home tends to increase property values. 4. The second dwelling unit will not adversely affect the policy and goals as set by the 2010 General Plan, because the General Plan calls for quality development and the proposal meets all of the design criteria set by the Second Dwelling Unit Ordinance. 5. The second dwelling unit will not create a nuisance and/ or enforcement problem within the neighborhood or community. 6. The proposed use will not encourage marginal development within the neighborhood, since the area is an established residential neighborhood whose property owners have the same right to construct a new home and a second dwelling unit in conformance with the standards of the Danville Municipal Code. 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. 1. This approval is for the conversion of the existing primary residence into a 2,000 + / - 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 "New residence and conversion of existing residence to second unit," consisting of three sheets prepared by Francis Garcia, dated received by the Planning Division on February 2, 2006. 2. Prior to the issuance of a final inspection, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $36.75 (49 notices X $0.75 per notice). 3. 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. 4. 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 PAGE 2 OF RESOLUTION NO. 2006-05 single-family occupancy. Nothing in this section shall be construed to prohibit one or both of the units remaining vacant. 5. 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: a. 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. c. 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. d. 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. 6. 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. 7. 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. 8. All wastewater shall be disposed into an existing sewer system. Sewer disposal servic~ shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. 9. The outside building lighting for this structure shall be down directed and shielded as to not create glare onto adjacent properties. 10. The new primary home and second dwelling unit shall have matching paint colors. The second dwelling unit shall be re-roofed with the same color and style of roofing tiles to be used for the new primary home. PAGE 3 OF RESOLUTION NO. 2006-05 APPROVED by the Danville Planning Commission at a regular meeting on March 28, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Combs, Condie, Graham, Moran, Morgan, Nichols, Osborn Storer ,//chA1~~ Ch~ir { APPROVED AS TO FORM: Ci~4J3-~ PAGE 4 OF RESOLUTION NO. 2006-05