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HomeMy WebLinkAbout94-26EXHIBIT A RESOLUTION NOo 94-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DEVELOPMENT PLAN (DP 94-12) FOR THE CONVERSION OF A PORTION OF AN EXISTING SINGLE FAMILY HOME INTO A 586+ SQUARE FOOT SECOND LIVING UNIT AND VARIANCE (VAR 94-21) TO ALLOW PARKING WITHIN THE FRONT YARD SETBACK AREA WHEREAS. Rebecca Christoforakis and William Schueler have requested approval of a 586+__ square foot second living unit on a .23+ acre site; and WHERF~S. the subject site is located on the east side of Podva Lane, at 918 Podva Lane and is identified as Assessor's Parcel Number 208-190-008; and WHEREAS. the Town of Danville M-12; Multiple Family Residential District Ordinance requires approval of a Development Plan for an additional living unit; and WHEREAS the Planning Commission did review the project at a noticed public hearing on September 13, 1994; 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 a Development Plan per the conditions contained herein, and makes the following findings in support of the Development Plan: The proposed dwelling unit is consistent with the requirements of the M-12 zoning district. The proposed second dwelling unit will not be a detrimental to the health, safety, and general welfare of thc Town. PAGE I OF RESOLUTION NO. 94-26 The second dwelling unit will not adversely affect the policy and goals as set by the General Plan. The second dwelling unit will not encourage marginal development within the neighborhood; and be it further RESOLVED that the Planning Commission approves the variance request (VAR 94-21) to allow parking within the 25 foot front yard setback requirement, per the conditions contained herein, and makes the following findings in support of that action: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the land use and zoning district in which the subject property is located. 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 location of the single family residence on the property, the applicant has no reasonable alternative to parking within the front and side yard setback areas. Vehicles parked within the front yard and side yard setback areas will not have a negative impact on surrounding properties. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Ao GENERAL * 1. This approval is for a Second Living Unit identified as Christoforakis/Schueler Second Living Unit. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Christoforakis/Schueler Second [)welling Unit dated June 27, 1994. PAGE 2 OF RESOLUTION NO. 94-26 The applicant 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, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the Town's Plan Checking, Inspection fees. Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) have been, or will be, met. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $1,300 unless the project is found to be De Minimus (indicating that the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD. CCCSD's initial comments on this project are summarized within their letter dated August 9, 1994. The applicant shall secure a building permit for all work performed without proper building permits and obtain an occupancy permit within three months of approval of this Development Plan. Failure to secure proper building permits and a certificate of occupancy within three months of the date of approval of the Development Plan will cause the Development Plan to expire and all items not meeting the building code must be removed. A two-car carport or garage shall be constructed as proposed by the property owner to serve as covered parking required for the primary unit. The carport shall be constructed prior to issuance of occupancy permits for the second unit. The carport shall have minimum interior dimensions of 18 X 19 feet and shall be consistent with all requirements of the Building Division. The carport design is subject to review and approval by the Planning Division prior to issuance of building permits. PAGE 3 OF RESOLUTION NO. 94-26 All work constituting a third living unit shall be removed within three months subject to requirements of the Planning and Building Divisions. APPROVED by the Danville Planning Commission at a Regular Meeting on September 13, 1994, by the following w~te: AYES: NOES: ABSTAINED: ABSENT: Osborn Arnerich, Bowlby, Hunt, Jameson, Murphy, Vilhauer APPROVED AS TO FORM: Cit~Xttorney Chairm~t~ Chief~nning pdpz57 PAGE 4 OF RESOLUTION NO. 94-26