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Home My WebLink About2026-04 RESOLUTION NO. 2026-04 DENYING AN APPEAL AND UPHOLDING THE TOWN’S ADMINISTRATIVE ACTION TO APPROVE VARIANCE REQUEST VAR25-0005, ALLOWING THE RETENTION OF AN EXISTING 730 SQUARE-FOOT DETACHED CARPORT STRUCTURE ON WHICH SOLAR PANELS WOULD BE INSTALLED. THE SITE IS LOCATED AT 700 CLIPPER HILL ROAD (APN: 199-040-012) WHEREAS, Joseph and Arlene Grant (Owners/Applicants) have submitted a Variance application (i.e., Variance request VAR25-0005) seeking authorization for a remodel and addition involving their existing residence at 700 Clipper Hill Road that would result in the creation of an approximately 1’-8” front yard setback from the edge of the Clipper Hill Road private roadway easement (where a 30’ minimum setback is required under the property’s R-100 District zoning standards) and in the creation of a 13’-4” minimum side yard setback along the west lot boundary (where a 30’ minimum side yard setback is required by R-100 District zoning standards); and WHEREAS, the Town’s R-100; Single Family Residential District Ordinance requires approval of a Variance application prior to an encroachment into the required minimum front yard setback or an encroachment into the minimum side yard setback; and WHEREAS, the project has been found to be Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Town took action administratively approving the application on December 12, 2025; and WHEREAS, a group of neighboring property owner submitted a letter appealing that action on December 18, 2025; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 10, 2026; and WHEREAS, notice of the public hearing for the appeal was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Planning Commission deny the appeal and uphold the Town’s administrative action approving 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 Docusign Envelope ID: C9771457-26C5-4C5D-BF5D-7EB619203007 PAGE 2 OF RESOLUTION NO. 2026-04 RESOLVED that the Planning Commission denies the appeal and reaffirms the Town’s administrative action approving Variance request VAR25-0005 and makes the following findings in support of this action: FINDINGS OF APPROVAL: The Town of Danville reviewed the proposed variance request and has made the following findings in support of the variance application: 1. The variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-100 zoning; Single Family Residential District, in which the subject property is located, in that, similar reduced setbacks have occurred over time and the resulting 1’-8” front yard setback is greater than the existing 11” setback approved for the primary residence on the parcel. 2. Because of special circumstances applicable to the subject property, strict application of the zoning regulations would deprive the subject property of rights enjoyed by other properties in the general vicinity and/or within the same zoning district, in that: a. Based on review of the site, and a letter from the applicant’s solar provider (on file with the Planning Division), due to topography, existing shade trees, the synthetic slate roof on the primary residence which is incompatible with roof mounted solar systems, the proposed location results in a southwest facing orientation and provides for the most efficient and cost-effective solar energy production consistent with the California Solar Right Act. b. The Clipper Hill Road 50-foot private roadway easement is substantially wider than the actual roadway pavement, resulting in a setback that ranges from 20’ to 26’-7” from the edge of pavement, that is substantially consistent with the intent of the zoning district. 3. The variance is in substantial conformance with the intent and purpose of the respective land use zoning district in which the subject property is located in that, the property within an R-100; Single-Family Residential District and in substantial conformance with the intent and purpose of the respective residential zoning district as it allows for a 730-square-foot detached carport as an accessory structure to support a solar energy system installation. CONDITIONS OF APPROVAL: 1. The Variance allows for the retention of an existing 730 square-foot detached Docusign Envelope ID: C9771457-26C5-4C5D-BF5D-7EB619203007 PAGE 3 OF RESOLUTION NO. 2026-04 carport structure on which solar panels would be installed. The subject R-100 zoning district requires a minimum 30-foot front yard setback. The existing structure encroached 28’-4” into the setback, resulting in a 1’-8” setback from the edge of the Clipper Hill roadway easement. This Variance also approves a 16’-8” encroachment into the required 30’ side-yard setback, resulting in a 13’-4” side yard setback at the west side of the carport. 2. This approval is reflected on the project plans prepared by Team2 Architecture, labeled “GRANT RESIDENCE CARPORT ADDITION,” received by the Planning Division on December 12, 2025. The site plan depicts the front-yard and side-yard setbacks for 700 Clipper Hill Road and is stored on file with the Planning Division. 3. After the approval of this variance, the applicant shall obtain all necessary building permits from the Town of Danville Building Division for the subject carport structure and the proposed installations of the solar panels. 4. Prior to the issuance of a building permit, the applicant shall reimburse the Town for costs incurred to notify neighboring residents of the proposed variance request. Reimbursement shall be in the amount of $148.56 ($138.00 plus 12 notices X $0.88 per notice) for the public notification process of the initial variance, and $159.12 ($138.00 plus 24 notices X $0.88 per notice) for the public hearing notice made payable to the Town of Danville. 5. The conditions to the approval of the previous variance request (VAR17-0015) related to the planting of landscape privacy screening must be satisfied prior to the issuance of the building permit for the carport. 6. Prior to the issuance of a building permit for the detached carport structure, the applicant shall prepare and submit a landscape plan prepared by a certified landscape architect for review and approval by the Design Review Board. The plan shall detail landscaping proposed for installation in the area between the detached carport and the corresponding edge of pavement for Clipper Hill Road covering also the area of the electrical panel board. The plan shall include the type and size at maturity of the plant material to be installed, as well as irrigation plans Landscaping shall be installed prior to release of final building inspection approval for the carport structure. Advisory Comments: 1. Due to the close proximity of the detached carport to Clipper Hill Road, the parking of oversized vehicles including recreational vehicles and boats that are over the dimensions of twenty (20’) feet in length or seven (7’) feet in height, shall be prohibited within the detached carport. The storage of oversized vehicles shall Docusign Envelope ID: C9771457-26C5-4C5D-BF5D-7EB619203007 PAGE 4 OF RESOLUTION NO. 2026-04 be subject to applicable Town regulations and shall be screened from public view and not located in the front yard setback area. Such vehicles may be temporarily parked for loading and unloading for up to three (3) days with a temporary parking permit from the Danville Police Department per Section 8-18 of the Danville Municipal Code. APPROVED by the Danville Planning Commission at a regular meeting on February 10, 2026, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: ___________________________ ___________________________ CITY ATTORNEY CHIEF OF PLANNING Combs, Graham, Maddalon, Palandrani, Trujillo Bowles Halker, Radich None Docusign Envelope ID: C9771457-26C5-4C5D-BF5D-7EB619203007