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HomeMy WebLinkAbout95-22ATTACHMENT A RESOLUTION NO. 95-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 95-12 AND VARIANCE REQUEST VAR 95-10 AUTHORIZING THE CONSTRUCTION OF A DETACHED 750 +/- SQUARE FOOT SECOND DWELLING UNIT AT 1353 LAWRENCE ROAD (APN: 206-140-012) WHEREAS, Mike and Allyn Terpstra have submitted a Land Use Permit and Variance request to authorize the construction of a detached 750 +/- square foot second dwelling unit on a 1.09 +/- acre site; and WHEREAS, the Variance request would allow the second dwelling unit to encroach approximately 11 feet into the required 20 foot minimum sideyard setback and 13 feet into the required 30 foot minimum rearyard setback; and WHEREAS, the subject site is located at 1353 Lawrence Road and is further identified as Assessor's Parcel Number 206-140-012; 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 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 Land Use Permit LUP 95-12 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. PAGE 1 OF RESOLUTION NO. 95-22 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 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. 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. now, therefore, be it further RESOLVED that the Planning Commission of the Town of Danville approves Variance VAR 95-10 per the conditions contained herein, and makes the following findings in support of the action: This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the P-l; Planned Unit Development District in which the subject property is located. ao Due to the lot's relationship to surrounding properties, reduced setback will not adversely impact the privacy enjoyed by others. This variance is in substantial conformance with the intent and purpose of the P-l; Planned Unit Development District in which the subject property is located since the variance allows for reasonable development of a residential property. CONDITIONS OF APPROVAL This approval authorizes the construction of a 750 +/- square foot detached second dwelling unit at 1353 Lawrence Road. Except as may be modified by the conditions contained herein, development authorized by this permit shall be substantially as shown on the project drawings labeled "Terpstra Addition", dated received by the Planning Division on May 10, 1OOg. PAGE 2 OF RESOLUTION NO. 95-22 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, or will be, 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 grading or building permits are 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 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. The exterior building materials and colors shall match, or be compatible as determined by the Planning Division, with those of the existing residence. Roof material shall match that currently utilized on the existing structure. Any PAGE 3 OF RESOLUTION NO. 95-22 change involving exterior colors or materials will require prior review and approval by the Planning Division. Prior to issuance of Building Permits for the second dwelling unit, the developer shall provide documentation to the Planning Division that the second dwelling unit meets all requirements of the Contra Costa County Environmental Health Department pertaining to on-site sewage disposal and water supply. 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 APIDROVED~,8~S TO FORI~I: ~2ity Attorney ~/ pdcz79 C :in ' ch~~lan, J~ PAGE 4 OF REsoLUTION NO. 95-22