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HomeMy WebLinkAbout93-13 EXHIBIT A RESOLUTION NO. 93-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE, APPROVING LAND USE PERMIT AND VARIANCE REQUESTS (LUP 93-3 & VAR 93-9) APPROVING THE CONSTRUCTION OF A 1,O00 SQUARE FOOT SECOND UNIT WHEREAS, Ronald and Patricia Puccinelli have requested approval of a 1,000 square foot second unit on a 11,0004- square foot site currently developed with an existing single family residence; and WHEREAS, the subject site is located on the west side of Saint Jean Court, at 136 Saint Jean Court and is identified as Assessor's Parcel Number 218-232-008; and WHERF~S, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Land Use Permit to allow the establishment of a second dwelling unit within a single family zoning district and a variance to setback requirements; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 23, 1993; and WHERF~S, 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 and Variance per the conditions contained herein, and makes the following findings in support of the Land Use Permit and Variance: LAND USE PERMIT: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. PAGE I OF RESOLUTION NO. 93-13 The land use will not adversely affect the orderly development of property within the Town. 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 andNor enforcement problem within the neighborhood or community. 6. The land use will not encourage marginal development within the neighborhood. An additional bedroom (second bedroom) for the second living unit is necessary to permit at-home nursing care for the applicant's parents. VARIANCE: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the P-l; Planned Unit Development District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Due to the existence of a 12.25 foot wide sewer easement on the south side of the property the building addition cannot be constructed 10 feet from the property line similar to other permitted side yard setbacks in the neighborhood. Due to site constraints and the necessity for a 1,000 square foot second unit, a three foot variance to the required 25 foot rear yard setback is necessary. This variance is in substantial conformance with the intent and purpose of the P-l; Planned Unit Development District in which the subject property is located since the variance allows a reasonably sized second living unit. PAGE 2 OF RESOLUTION NO. 93-13 CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied wi.th 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 a 1,000 square foot second unit located in the rear yard of a residence at 136 Saint Jean Court identified as APN: 218-232-008. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao "Puccinelli Residence Second Unit Addition" dated received by the Planning Division on March 18, 1993. "Puccinelli Second Unit Addition Floor Plan" dated received by the Planning Division on February 22, 1993. 0 The applicant shall secure proper building permits for the second unit. All work shall be completed to the satisfaction of the Planning and Building Divisions prior to issuance of an occupancy permit. 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. The second bedroom shall be converted to a non-sleeping area in the event that nursing staff is no longer necessary. 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. The roof gable at the second unit entrance shall be clipped and building details shall match the existing clipped roof gable of the garage. All building details of the second unit addition shall match the primary unit. Prior to issuance of building permits, final architectural drawings are subject PAGE 3 OF RESOLUTION NO. 93-13 to the review and approval of Planning staff. All building materials of the second unit addition shall match the existing residence, including: stucco texture and color; roof material; and window frames. All paint colors shall match the existing residence. The existing fence and gate located south of the existing garage shall be replaced with a new fence and gate that matches the design and materials of existing fencing. One of the existing off-street parking areas located in the existing four car driveway shall be reserved for use of the second unit. 10. No portion of the second unit structure shall encroach into the 12.25 foot wide sanitary sewer easement unless Contra Costa County Central Sanitary Sewer District (CCCSD) authorizes the encroachment of eave overhangs into the easement area, subject to the review and approval of CCCSD. Any revision to the building design is subject to the review and approval of Planning staff. APPROVED by the Danville Planning Commission at a Regular Meeting on March 23, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Jameson, Murphy, Arnerich Bowlby, Hunt, Osborn, Vilhauer U/~~ Chairman ~ APPROVED AS TO FORM: /Attor'"~ey Chief of PI pdpz38 PAGE 4 OF RESOLUTION NO. 93-13