HomeMy WebLinkAbout92-05 EXHIBIT A
RESOLUTION NO. 92-5
A RESOLUTION OF THE PL/kNNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT (LUP 91-39) TO CREATE A SECOND UNIT
WITHIN AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT
880 EL CAPITAN DRIVE (APN: 218-491-005)
WHEREAS, Gary & Faith Middleton have requested approval of a Land Use Permit (LUP
91-39) to convert a portion of the existing first floor of an existing residence into a 750
square foot second unit on a 13,000 +/- square foot lot; and
WHEREAS, the subject site is located on the north side of El Capitan Drive, at 880 E1
Capitan Drive and is identified as Assessor's Parcel Number 218-491-005; and
WHEREAS, the Town of Danville Second Unit Ordinance (Ordinance No. 24-83) requires
approval of a Land Use Permit to construct a second unit; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on February 25, 1992; 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 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 the request for a second unit per the conditions contained herein, and
makes the following findings in support of the second unit:
1. The proposed project is consistent with the Danville 2005 General Plan.
o
The proposed second unit is consistent with the requirements of the second unit
ordinance (Ordinance No. 24-83).
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
PAGE I OF RESOLUTION NO. 92-5
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior issuance
of an occupancy permit for the project. Each item is subject to review and approval by
the Planning Division unless otherwise specified.
A. GENERAL
o
°
* 5.
This approval is for a 750 square foot second unit to be located on the first
floor of the existing residence located at 880 El Capitan. Development shall
be substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
no
Site plan and floor plan consisting of three pages, dated received by
the planning division on December 23, 1991.
The developer shall pay 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.
Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District have been or will be, met.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Exemption for this project as required by AB 3185. The fee shall
be $25.00.
All construction and grading operations, including delivery of materials and
warming up of machinery, shall be limited to weekdays during the hours
from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to
7:00 p.m. unless otherwise approved in writing by the City Engineer. If
determined necessary by the City Engineer, the project developer shall
provide security fencing around the entire site during construction of the
project.
Any building construction activity, delivery of construction supplies, or use
of pneumatic tools, shall be limited to weekdays during the hours from 7:00
a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m.
unless otherwise approved in writing by the Chief Building Official.
PAGE 2 OF RESOLUTION NO. 92-5
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
C. PARKING
One off-street parking space shall be provided adjacent to the existing
driveway as designated on the site plan.
D. MISCELLANEOUS
* 1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
o
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 be reverted to a single family occupancy. The owner shall
record a deed restriction setting forth this occupancy requirement.
Evidence of recordation shall be submitted to the Planning Division prior
to issuance of a building permit.
APPROVED by the Danville Planning Commission at a Regular Meeting on February 25,
1992 by the following vote:
AYES: Arnerich, Hunt, Osborn, Wright, Hughes
NOES: Murphy, Vilhauer
ABSTAINED: -
ABSENT: -
APPROVED AS TO FORM:
~C~ty Attorney
pdpz19
Chairman
Chief of P1
PAGE 3 OF RESOLUTION NO. 92-5