HomeMy WebLinkAbout011-95RESOLUTION NO. 11-95
GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF A LAND
USE PERMIT REQUEST LUP 94-11 AND VARIANCE REQUEST VAR 94-32 TO
ALLOW CONSTRUCTION OF A 286+/- SQUARE FOOT DWELLING UNIT
CONSTRUCTED 11 FEET FROM THE REAR YARD PROPERTY LINE
(RATFIELD - 351 LA QUESTA DRIVE)
WHEREAS, Tod Ratfield has requested approval of LUP 94-11 and VAR 94-32 to allow
the construction of a 286+/- square foot second dwelling unit with a rear yard setback
variance on a .63+/- acre site; and
WHEREAS, the subject site is located at 351 La Questa Drive and is identified as
Assessor's Parcel Number 216-151-015; and
WHEREAS, the Town of Danville R-20; Single Family Residential District requires
approval of a Land Use Permit to allow the establishment of a second dwelling unit;
and
WHEREAS, the Planning Commission did review and deny the subject requests at a
noticed public hearing on November 8, 1994; and
WHEREAS, Mr. Tod Ratfield appealed the Planning Commission's decision by way of
his appeal letter dated November 29, 1994; and
WHERF~S, the Town Council did review the appeal of the Planning Commission
action at a noticed public hearing on February 21, 1995; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, the proposed project will not have a significant effect on the environment
and is exempt (Class 3, Section 15303) from the provisions of the California
Environmental Quality Act (CEQA); and
WHEREAS, a staff report was submitted recommending that the Town Council grant
the appeal, overturning the Planning Commission's action, and approve the project;
and
WHEREAS, the Town Council did hear and consider all reports, recommendations,
and testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED, the Town Council hereby grants the appeal and approves the Land Use
Permit and Variance (LUP 94-11 & VAt/ 94-32) per the conditions contained herein,
PAGE 1 RESOLUTION NO. 11-95
and makes the following findings in support of approval of the Land Use Permit and
Variance requests:
LAND USE PERMIT:
.
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
.
The land use will not adversely affect the orderly development of property
within the Town.
.
The land use will not adversely affect the preservation of property values and
the protection of the tax base within the Town.
.
The land use will not adversely affect the policy and goals as set by the General
Plan.
o
The land use will not create a nuisance andXxor enforcement problem within the
neighborhood or community.
.
The land use will not encourage marginal development within the
neighborhood.
VARIANCE:
.
This variance does not constitute a grant of special privilege inconsistent with
the limitations on other properties in the area and the R-20; Single Family
Residential District in which the subject property is located.
,
Strict application of the applicable zoning regulations would deprive the subject
property of rights enjoyed by others in the general vicinity and/or located in the
same zoning district.
.
Due to the odd configuration of the subject parcel, the topography of the site
and the location of existing improvements on the site, the applicant has no
reasonable alternative to construction of a second living unit meeting all of the
required setback requirements.
.
Construction of the second dwelling unit 11 +/- feet from the rear property line
of the subject site will not adversely impact the privacy enjoyed by surrounding
properties.
PAGE 2 RESOLUTION NO. 11-95
CONDITIONS OF APPROVAL
.
This approval is for a 286 +/- square foot second dwelling unit located in the
rear yard of an existing single family residence at 351 La Questa Drive.
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein;
a,
"Ratfield Residence" dated received by the Planning Division on October
21, 1994.
o
The applicant shall secure proper building permits for the second unit as well
as any other existing or proposed improvements to the property. All work shall
be completed to the satisfaction of the Planning and Building Divisions prior to
issuance of an occupancy permit for the second dwelling unit.
0
Prior to the issuance of grading or building permits, the property owner shall
file with County Recorder a recorded declaration (subject to the review and
approval of the City Attorney as to its form and content) which states that:
a°
The second dwelling unit shall not be sold separately and may not be
subdivided.
b0
The second dwelling unit is restricted to the size approved by the Land
Use Permit allowing the unit.
C0
These restrictions shall be binding upon any successor in ownership of
the property and lack of compliance shall result in proceedings to revoke
the Land Use Permit.
d°
The Land Use 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.
°
Final architectural elevations, details and revisions shall be submitted for review
and approval by the Planning Division prior to issuance of building permits for
the project.
o
All building materials of the second unit shall match the existing residence,
including redwood lap siding of the primary residence, roof material and
window frames. All paint colors shall match the existing residence.
~
Off-street parking for the second unit shall be provided on the existing gravel
parking area located north of the existing driveway.
PAGE 3 RESOLUTION NO. 11-95
.
.
.
10.
11.
12.
13.
14.
15.
Prior to issuance of grading or building permits, the applicant shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) have been, or will be, met to the satisfaction of this
agency.
The applicant shall submit to the Town of Danville fees required to file a Notice
of Determination for this project as required by AB 3185. The fee shall be
$1,300 unless the project is found to be De Minimus (indicating that the project
has no potential for an adverse effect on wildlife resources or the habitat upon
which the wildlife depends), in which case the fee shall be $25.00.
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.
All development shall take place in compliance with the Town Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to
the dry months of the year (May through October) and, if construction does
occur during the rainy season, the use of sediment traps and other devices to
minimize erosion.
All mud or dirt carried off the construction site onto adjacent streets shall be
swept or water-flushed each day.
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 maximum roof height of the Second Dwelling Unit shall not exceed 12.5
feet measured from the existing swimming pool deck to the peak of the roof
(including roofing material).
There shall be no rooftop equipment installed on the second unit except vents
as required by the Building Division. No vents shall exceed the height of
second unit roof ridgeline.
The five foot fence separating the applicant's and Kipness properties shall not
be modified without mutual agreement from both property owners.
PAGE 4 RESOLUTION NO. 11-95
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
February 21, 1995, by the following vote:
AYES:
NOES: None
ABSTAINED: None
ABSENT: None
Greenberg, Doyle, Ritchey, Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
adpz32
PAGE 5 RESOLUTION NO. 11-95