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Home My WebLink About020-95RESOLUTION NO. 20-95 DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A LAND USE PERMIT REQUEST (LUP 94-10) TO ALLOW CONSTRUCTION OF A 684+/- SQUARE FOOT SECOND DWELLING UNIT (MAZY - 417 SILVER CHIEF WAY) WHEREAS, Anthony and Jeanne Mazy have requested approval of a Land Use Permit to construct a 684+/- square foot second dwelling unit as an addition to an existing single family residence; and WHERF~S, the subject site is located on the north side of Silver Chief Way, at 417 Silver Chief Way and is identified as Assessor's Parcel Number 207-140-010; and WHEREAS, the Town of Danville Second Dwelling Unit Ordinance (Ordinance No. 94- 11) requires approval of a Land Use Permit for a second dwelling unit in a single family residential zoning district; and WHEREAS, the Planning Commission did review and approve the subject request at a noticed public hearing on November 22, 1994; and WHEREAS, Mr. Jerry Butlin appealed the Planning Commission's decision by way of his appeal letter dated December 2, 1994; and WHEREAS, the Town Council did review the appeal of the Planning Commission action at a noticed public hearing on February 7, 1995; and WHERF~S, 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 deny the appeal and reaffirm the Planning Commission's action to 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, by the Town Council hereby denies the appeal and approves the Land Use Permit (LUP 94-10) per the conditions contained herein, and makes the following findings in support of the Land Use Permit: 1. The proposed project is consistent with the Danville 2005 General Plan. , The land use will not adversely affect the orderly development of property within the Town. 3. The land use will not adversely affect the preservation of property values and PAGE I RESOLUTION NO. 20-95 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. . 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. . Because of the unique configuration of this parcel, construction of a second dwelling unit addition in the front yard area is not precident setting and is in substantial conformance with this subdivision's CC&R's. . The architecture of the second dwelling unit is compatible with the primary unit and the surrounding neighborhood and all other development standards specified in the Second Dwelling Unit Ordinance (Ordinance No. 94-11). CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. * 1. This approval is for a 684 +/- square foot second dwelling unit addition located at 417 Silver Chief Way; identified as APN: 207-140-010. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. "Second Unit for Mr. & Mrs. Anthony Mazy" dated received by the Planning Division on November 18, 1994. . The applicant shall secure proper building permits for the second unit as well as any other existing or proposed improvements to the property. M1 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. . Prior to obtaining a building permit for the second dwelling unit, the property owner shall file with the County Recorder a recorded declaration (subject to the review and approval of the City Attorney as to its form and content) which states that: ao The second dwelling unit shall not be sold separately and may not be subdivided. b. The second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. PAGE 2 RESOLUTION NO. 20-95 . . . . . . 10. 11. C. 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 Design Review Board prior to issuance of building and grading permits for the project. All building materials of the second unit shall match the existing residence, including stucco color and texture, roof material and window frames. All paint colors, including window trim, etc. of the second dwelling unit addition shall match the existing residence. Off-street parking for the second unit shall be designated on the project site plan subject to review and approval by the Design Review Board prior to issuance of building permits. No vehicles associated with the second dwelling unit shall block vehicular access to the garage. The westerly portion of the existing driveway shall be removed and the area shall be landscaped. A final landscape plan shall be submitted to the Design Review Board (DRB) for review and approval prior to issuance of building and grading permits. The DRB shall review and approve the design of the stucco wall and landscape screening along the western portion of the property and second unit patio area. All landscaping shall be installed prior to issuance of a building occupancy permit for the second dwelling unit. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (8RVFPD) 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 $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 PAGE 3 RESOLUTION NO. 20-95 October) and, if construction does occur during the rainy season, the use of sediment traps and other devices to minimize erosion. 12. All mud or dirt carried off the construction site onto adjacent streets shall be swept or water-flushed each day. 13. Water supply service shall be from the East Bay Municipal Utility District (EBMUD) water system in accordance with the requirements of EBMUD. * 14. 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. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, February 7, 1995, by the following vote: AYES: Greenberg, Ritchey, Waldo NOES: Doyle, Shimansky ABSTAINED: None ABSENT: None MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK adpz31 PAGE 4 RESOLUTION NO. 20-95