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HomeMy WebLinkAbout93-31EXHIBIT A RESOLUTION NO. 93-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A LAND USE PERMIT REQUEST (LUP 93-11) FOR THE CONSTRUCTION OF A 919+ SQUARE FOOT SECOND UNIT AT THE ' PINTO RESIDENCE WHERF~S, Manual Pinto has requested approval of a Land Use Permit to construct a 919+ square foot second unit addition to an existing single family residence on a .64+ acre site; and WHEREAS. the subject site is located at the terminus of Linda Court at 60 Linda Court, and is identified as Assessor's Parcel Number 199-280-030; and WHEREAS. the Town of Danville R-20; Single Family Residential District Ordinance 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 July 13, 1993; 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 the Planning Commission approve the request; and WHERF~S. 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 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. 2. The land use will not adversely affect the orderly development of properW within PAGE I OF RESOLUTION NO. 93-31 the Town. 0 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. o 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 (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to 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 919+ square foot second unit addition identified as the "Manual Pinto Residence Addition" located at 60 Linda Court identified as Al'N: 199-280-030. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; "Addition to Manual Pinto Residence" dated received by the Planning Division on June 28, 1993. 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 PAGE 2 OF RESOLUTION NO. 93-31 the project. Prior to issuance of building permits, final working drawings of the exterior are subject to the review and approval of the Planning Division. All building materials of the second unit shall match the existing residence, including: stucco texture; exterior wood siding and window frames. All paint colors shall match the existing residence. A new pitched roof shall be constructed over the existing flat roof of the primary residence as indicated on project drawings. The new pitched roof shall be completed prior to issuance of occupancy for the second unit and master bedroom addition. The roofing material shall be reviewed and approved by the Planning Division prior to building permit issuance. Off-street parking for the second unit shall be provided within the garage attached to the second unit. 10. 11. If the project is phased, occupancy of the second unit shall be contingent upon prior or simultaneous issuance of an occupancy permit for the new master bedroom addition to the primary unit. If the master bedroom addition is not constructed, the maximum square footage of the second unit shall be 750 square feet. If any modifications to this approval are necessary, they shall be reviewed and approved by the Chief of Planning prior to issuance of building permits. Evergreen landsCaping shall be planted adjacent to the north and north east elevations of the addition subject to the review and approval of the Planning Division. An additional Willow tree, or appropriate substitute, shall be planted between the existing Willow trees subject to the review and approval of Planning staff. All landscaping shall be installed prior to issuance of occupancy for the addition. The applicant shall meet all requirements of the San Ramon Valley Fire Protection District. 12. Sewer disposal service shall be provided by the Central Contra Costa PAGE 3 OF RESOLUTION NO. 93-31 Sanitary District in accordance with the requirements of the District, unless approval is secured to utilize a private sewage disposal system. * 13. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. * 14. All storm water run-Off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. * 15. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. APPROVED by the Danville Planning Commission at a Regular Meeting on July 13, 1993 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Bowlby, Hunt, Jameson, Murphy, Osborn, Arnerich Vilhauer APPROVED AS TO FORM: Attorney Chief of pdpz46 PAGE 4 OF RESOLUTION NO. 93-31