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HomeMy WebLinkAbout2006-24 RESOLUTION NO. 2006-24 APPROVING DEVELOPMENT PLAN REQUEST DP 2006-05 ALLOWING THE CONSTRUCTION OF A 2,000 +/- SQUARE FOOT SECOND DWELLING UNIT WITH A 588 +/- SQUARE FOOT GARAGE AND APPROVING DEVELOPMENT PLAN REQUEST DP 2006-17 ALLOWING THE DEVELOPMENT TO OCCUR WITHIN A TOWN-IDENTIFIED MAJOR RIDGELINE AREA (APN: 197-120-021--- ABU GHABEN) WHEREAS, Haysam & Celina Abu Ghaben (Owners) have requested approval of a Development Plan DP 2006-05 to construct a 2,000 + / - square foot second dwelling unit with a 588 + / - garage on a 2.5 + / - acre parcel; and WHEREAS, Haysam & Celina Abu Ghaben (Owners) have requested approval of a Development Plan DP 2006-17 for allowance of the development within a Town- identified Major Ridgeline area; and WHEREAS, the subject site is located at 270 EI Pinto and is further identified as Assessor's Parcel Number 197-120-021; and WHEREAS, the subject site is located within a Town-identified Major Ridgeline area and requires approval of a Development Plan application, prior to consh"uction of the project; 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 August 29,2006; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA, Section 15303, Class 3(a)); 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 2006-05 and Development Plan request DP 2006-17 per the conditions contained herein, and makes the following findings in support of this action: Development Plan Findings - Second Dwelling Unit 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 proposal meets the design criteria as set forth in the Town's Municipal Code for both second dwelling units and Major Ridgeline lots. 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 construction of a second dwelling unit increases the versatility of the property for residential uses. 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, because the residential land use is the same as that of neighboring properties. 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. Development Plan Findings - Scenic Hillside and Major Ridgeline 1. The proposed siting and architecture of the new addition will not conflict with the intent and purposes of the Scenic Hillside and Major Ridgeline Ordinance, in that development will be achieved with minimal grading, is located on a lower Page 2 of 5 RESOLUTION NO. 2006-24 portion of the subject site, and will not adversely impact predominate views of a Town-identified Scenic Hillside or Major Ridgeline area. 2. The proposed project is consistent with the Danville 2010 General Plan, because the proposal complies with the implementation measures of the goal of quality development, which includes compliance with the Scenic Hillside and Major Ridgeline Ordinance. 3. The design of the proposed second dwelling unit is in substantial conformance with the applicable zoning regulations, including use of materials that match the primary residence and stepped foundations. 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 a Development Plan request DP 2006-05 and Development Plan request DP 2006-17 to allow the construction of a 2,000 + / - square foot second dwelling unit with a 588 + / - square foot garage on a lot located within a Town-identified Major Ridgeline area. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Preliminary grading and drainage, Site Plan, Sections and Elevations, Architectural Plans and Floor Plans consisting of three sheets, as prepared by Francis Garcia Architect, dated received by the Planning Division on August 8, 2006. b. Geotechnical report, as prepared by GFK Geotechnical Consultants dated July 14, 2006. 2. The applicant shall payor be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the one public hearing. The fee shall be $42.00 (28 notices X $0.75 per notice X 2 mailings). 3. The building permit application shall contain a final grading and di"ainage plan prepared by a licensed civil engineer and reflect pad limits, earthwork cut/ fill Page 3 of 5 RESOLUTION NO. 2006-24 quantities, and proposed finished grade elevations. Excavation shall be subject to off-haul. 4. Construction activity shall be restricted to the period between the weekday hours ot' 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. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3' x 3' sign at the project entry which specifies the allowable construction work days and hours and identify names and contact person for the overall project manager and all contractors and sub-contractors working on the job. 5. The applicant shall require their conh"actors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 6. All lighting shall be installed in such a manner that lighting is generally down- directed and glare is directed away from surrounding properties and rights-of-way. 7. The colors and materials for the addition shall be consistent with the existing home, as proposed in the application's color and materials board. 8. All new development shall be consistent with modern design for resistance to seismic forces. All new development shall be in accordance with the Uniform Building Code and Town of Danville Ordinances. 9. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. 10. All grading activity shall address National Pollutant Discharge Elimination System (NPDES) concerns. Specific measures to control sediment runoff, construction pollution and other potential construction contamination shall be addressed through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention Plan (SWPPP). An NPDES construction permit may be required, as determined by the City Engineer. 11. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. Page 4 of 5 RESOLUTION NO. 2006-24 12. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 13. Roof drainage from sh"uctures shall be collected via a closed pipe and conveyed to an approved storm drain system on EI Pinto. No concentrated drainage shall b~ permitted to surface flow across sidewalks, streets or private property. 14. All new utilities required to serve the development shall be installed underground. 15. The project shall be constructed as approved. Staff may approve minor modifications in the design, but not the use. Any other change will require Planning Commission approval through the Development Plan review process. 16. The property owner shall file a deed restriction to be recorded with the property stating that the second dwelling unit shall be limited in size to that which was approved at public hearing; the unit shall be in effect only so long as the owner of record of the property occupies either the primary residence or the second dwelling unit; the unit shall not be sold separately and may not be subdivided; and the restrictions shall be binding upon any successor in ownership or the property. APPROVED by the Danville Planning Commission at a regular meeting on August 29, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Morgan, Nichols, Storer, Moran Graham, Osborn ~cp~ ?IP APPROVED AS TO FORM: VtUiiJ City Attorney L~, ( Page 5 of 5 RESOLUTION NO. '2006-24