HomeMy WebLinkAbout92-25 EXHIBIT A
RESOLUTION NO. 92-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 92-04 ALLOWING THE
CONVERSION OF AN APPROXIMATELY 450 SQUARE FOOT
PORTION OF AN EXISTING RESIDENCE TO
A SECOND DWELLING UNIT
(APN: 218-221-010)
WHERFa~S, Joe and Michelle Shaman have requested approval of a Land Use Permit
request to allow the conversion of approximately 450 square feet of the existing residence
to a second dwelling unit; and
WHEREAS, the subject site is located at 43 Mustang Ct., and is identified as Assessor's
Parcel Number 218-221-010; and
WHEREAS, the Town of Danville Second Units Ordinance. (Ord No. 24-83) requires
approval of a Land Use Permit to allow the establishment of a second dwelling unit within
a single family zoning district; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on June 23, 1992; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF~S, 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 Land Use Permit request (LUP 92-04) per the conditions contained
herein, and makes the following findings in support of the Land Use Permit:
1. The proposed land use will not be detrimental to the to the health, safety, and
PAGE I OF RESOLUTION NO. 92-25
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 ad{tersely 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.
The land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
Development shall be substantially as shown on the project drawings on file with
the Planning Division labeled "Exhibit A", dated received April 20, 1992, except as
may be modified by the following conditions.
The applicant shall 'pay any and all Town and other related fees that the property
may be subject to as a result of the proposed development. These fees shall be
based on the current fee schedule(s) in effect at the time the building permit is
secured.
Prior to the issuance of a building permit, the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire Protection
District have been or will be met.
If a separate mailing address is used, the street number of the new second unit
shall be posted so as to be easily seen from the street at all times, day and night.
Prior to issuance of building permits for conversion of the second dwelling unit,
the newly constructed six foot fence along the proPerties Mustang Drive frontage
shall be legalized through the variance process, or removed.
The property owner shall occupy either the principal or the secondary residential
unit. If neither unit is .owner occupied, than the use of the property shall be
PAGE 2 OF RESOLUTION NO. 92-25
converted to a single family occupancy. The owner shall record a deed restriction
through the County Recorder's office setting forth this occupancy requirement
prior to the issuance of a building permit for the project.
APPROVED by the Danville Planning Commission at a Regular Meeting on June 23,
1992, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Hunt, Murphy, Osborn, Wright, Hughes
VilhaUer
APPROVED AS TO FORM:
pdcz37
PAGE 3 OF RESOLUTION NO. 92-25