HomeMy WebLinkAbout92-43 EXHIBIT A
RESOLUTION NO. 92-43
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING 1AND USE PERMIT REQUEST LUP 92-25 LEGALIZING/iN EXISTING
1,000 SQUARE FOOT SECOND UNIT LOCATED ON THE sECOND FLOOR
OF AN EXISTING GARAGE (APN:217-OlO-029)
WHEREAS, Daniel & Kathryn Nicholson have requested approval of a Land Use Permit
legalizing an existing 1,000 square foot second unit located on the second floor of an
existing attached garage on a 1.09 acre site; and
WHEREAS, the subject site is located at 10 Sherburne Hills Road and is identified as
Assessor's Parcel Number 217-010-029; and
WHEREAS, the Town of Danville Second Unit Ordinance (Ordinance 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
WHERF~S, the Planning Commission did review the project at a noticed public hearing
on December 8, 1992; and
WHERFJkS, 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 Land Use Permit request (LUP 92-25) per the conditions contained
herein, and makes the following findings in support of the 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.
PAGE 1 OF RESOLUTI'ON NO. 92-43
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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.
The land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be complied with prior issuance
of building permits for the project. Each item is subject to review and approval by the
Planning Division unless otherwise specified.
A. GENERAL
This approval is for an existing 1,000 square foot second unit: located on the
second floor of an existing attached garage located at 10 SIherburne Hills
Road identified as APN: 217-010-029. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
ao
"Nicholson Second Unit" dated received by the Planning Division on
October 27, 1992.
The applicant shall secure proper building permits for the second unit
conversion. All work shall be completed to the satisfaction ,of the Building
Division prior to issuance of a Final Action Letter.
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 converted to 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.
PAGE 2 OF RESOLUTION NO. 92-43
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.
APPROVED by the Danville Planning Commission at a Regular Meeting on December 8,
1992, by the following vote:
AYES:
NOES: -
ABSENT: -
ABSTAINED: Wright
Hunt, Murphy, Osborn, Vilhauer, Arnerich
APPROVED AS TO FORM:
Attorney
Chief of Pla
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PAGE 3 OF RESOLUTION NO. 92-43