HomeMy WebLinkAbout95-21 EXHIBIT A
RESOLUTION NO. 95-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LA_ND USE PERMIT (LUP 95-14) ALLOWING THE
CONSTRUCTION OF AN ATTACHED 750 +/- SQUARE
FOOT SECOND DWELLING UNIT WITHIN
THE PRIMARY RESIDENCE
(APN: 195-050-007)
WHEREAS, James & Marie McLaren have requested approval of a Land Use Permit request to
allow the construction of an attached 750 +/- square foot second dwelling unit on a 10,000
+/- square foot site; and
WHEREAS, the subject site is located at 198 Pulido Road and is identified as Assessor's Parcel
Number 195-050-007; and
WHEREAS, the Town of Danville Second [)welling 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 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 95-14) 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.
The land use will not adversely affect the preservation of property values and the
protection of the tax base within thc Town.
PAGE 1 OF RESOLUTION NO. 95-21
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.
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
This approval authorizes the construction of a 750 +/- square foot second dwelling
unit attached to an existing single family residence at 198 Pulido Road. Except as may
be modified by the conditions contained herein, development authorized by this
permit shall be substantially as shown on the plans labeled "McLaren Residence", dated
received by the Planning Division on June 1, 1995.
0
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 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 the 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 aa to ira form and content~ and atating
PAGE 2 OF RESOLUTION NO. 95-21
that:
ao
The maximize 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.
Co
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.
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The exterior building materials and colors shall match or be compatible (as
determined by the Planning Division) with the existing residence. Roof material shall
match that currently utilized on the existing structure. Any change involving exterior
colors or materials will require prior review and approval by the Planning Division.
The applicant shall provide an additional off-street parking space for the second unit to
be located on the left side of the existing driveway and accessed only from Pulido
Road. The parking space shall be paved and maintained as an available parking space.
10.
Prior to, or concurrently with, the issuance of building permits for the proposed
second dwelling unit, all necessary building permits for the retaining wall along the left
side of the proposed second unit shall he obtained to the satisfaction of the Town's
Building Division.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 11, 1995 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
AI~PROVE~ AS/~TO FpRM:
pdcz76
Arnerich, Hunt, Jameson, McEvilly, Moran, Murphy, Osborn
Chief of
PAGE 3 OF RESOLUTION NO. 95-21