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Home My WebLink About95-19RESOLUTION NO. 95-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 95-13 ALLOWING THE CONVERSION OF AN EXISTING 720+/- SQUARE FOOT STORAGE BUILDING INTO A SECOND DWELLING UNIT AT 1044 LA GONDA WAY (APN: 197-110-034) WHEREAS, Eric Rendell has requested approval of a Land Use Permit to convert an existing 720+/- square foot storage building into a second dwelling unit on a .51 +/- acre site; and WHEREAS, the subject site is located on the south side of La Gonda Way, at 1044 La Gonda Way and is further identified as Assessor's Parcel Number 197-110-034; 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 WHERF~S, the Planning Commission did review the project at a noticed public hearing on July 11, 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 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 Land Use Permit LUP 95-13 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 NO. 1 RESOLUTION NO. 95-19 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 This approval is for the conversion of an existing 720 +/- square foot storage building into a second dwelling unit located in the rear yard of an existing single family residence at 1044 La Gonda Way. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Rendell Second Dwelling Unit" (dated received by the Planning Division on May 22, 1995 and consisting of two pages). 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 the San Ramon Valley Unified School District have been, or will be, met. o Construction 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 for general construction activity and the Chief Building Official for building construction activity. ° 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 Contra Costa County. PAGE NO. 2 RESOLUTION NO. 95-19 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, stating that: The maximum size of 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 occupancy of the new 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. Off-street parking for the second unit shall be provided in the existing paved parking area located east of the second dwelling unit. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on July 11, 1995 by the following vote: AYES: NOES: - ABSENT: - ABSTAINED: - Arnerich, Hunt, Jameson, McEvilly, Moran, Murphy, Osborn Cha0/man APPROVED ~S TO FORM: City Attorney ~/l pdpz75 Chief of PAGE NO. 3 RESOLUTION NO. 95-19