HomeMy WebLinkAbout95-12 EXHIBIT A
RESOLUTION NO. 95-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT (LUP 95-04) ALLOWING A
480 +/- SQUARE FOOT SECOND DWELLING UNIT
WITHIN THE PRIMARY RESIDENCE
(APN: 208-130-016)
WHEREAS, James & Sandra Rogers have requested approval of a Land Use Permit
request to allow the construction of an approximately 480 square foot second dwelling
unit to be built within a new residence to be built on the 1.5 +/- acre site; and
WHEREAS, the subject site is identified as Parcel A of MS 855-92, near the terminus
and on the north side of Sky Terrace and is identified as Assessor's Parcel Number
208-130-016; and
WHEREAS, the Town of Danville Second Dwelling Unit Ordinance (Ord. No. 94-11)
requires approval of a Land Use Permit prior to establishing a second dwelling unit on
a single family parcel; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on April 25, 1995; 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
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 of the Land Use Permit (LUP 95-04) per the conditions contained
herein, and makes the following findings in support of the action:
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.
3. The land use will not adversely affect the preservation of property values and
PAGE 1 OF RESOLUTION NO. 95-12
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.
0
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.
There is no evidence before the Town that the proposed project will have
potential for an adverse effect on wildlife resources or the habitat upon which
the wildlife depends.
CONDITIONS OF APPROVAL
Except as may be modified by the conditions contained herein, development
authorized by this permit shall be substantially as shown on the plans labeled
"New Residence for Jim and Sandy Rogers", as prepared by Hallmark Design
Group, dated received by the Planning Division on February 9, 1995.
Prior to issuance of a building permit, the applicant shall submit written
documentation that the requirements of the San Ramon Valley Fire Protection
District and San Ramon Valley Unified School District have been met.
Construction and grading activity shall be limited to weekdays during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City
Engineer.
Any building construction activity, delivery of construction supplies, or use of
pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during
the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by
the Chief Building Official.
The applicant shall pay any and all City 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 schedules in effect at the time the building permit is
secured.
Within one week of the effective date of this permit, the applicant shall submit a
check in the amount of $25.00 payable to the Contra Costa County Clerk, to
cover costs associated with the filing of the Categorical Exemption with the
PAGE 2 OF RESOLUTION NO. 95-12
County.
The property owner shall occupy either the principal or the secondary
residence. If neither unit is owner-occupied, then the use of the property shall
revert to a single family occupancy. Nothing in this section shall be construed
to prohibit one or both of the units remaining vacant.
Prior to obtaining a Building Permit for the second dwelling unit, the property
owner shall file with the County Recorder a declaration or an agreement of
restrictions, which has been approved by the City Attorney as to its form and
content, and stating that:
The second dwelling unit is restricted to the size approved by the Land
Use Permit allowing the unit.
The restrictions shall be binding upon any successor in ownership of the
property and lack of compliance shall result in proceedings to revoke the
Land Use Permit.
The Land Use Permit allowing the second dwelling unit shall be in effect
only so long as either the primary residence, or the second dwelling unit
is occupied by the owner of record of the property.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 25,
1995 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Hunt, Jameson, Moran, Murphy, Osborn, McEvilly
APPROVED t~')_q O/~ORM:/r
Cft~ Attdrhey
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Chair~' nn~
Chief of
PAGE 3 OF RESOLUTION NO. 95-12