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HomeMy WebLinkAbout96-03RESOLUTION NO. 96-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 95-13 ALLOWING THE CONSTRUCTION OF A 1,000 SQUARE FOOT SECOND DWELLING UNIT AT 21 LA GONDA COURT (APN: 200-060-010) WHEREAS, Susan Macedo has requested approval of a Land Use Permit to construct a 1,000 square foot detached second dwelling unit on a .48+ acre site; and WHEREAS, the subject site is located on the south side of La Gonda Court, at 21 La Gonda Court and is identified as Assessor's Parcel Number 200-060-010; 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 January 9, 1996; 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 the Planning Commission of the Town of Danville approves Land Use Permit LUP 95-25 per the conditions contained herein, and makes the following findings in support of the Land Use Permit: The land use will not adversely affect the orderly development of property within the Town. o The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. PAGE NO. I RESOLUTION 96-3 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. o The location (10 feet from the easterly side yard property line) and size (1,000 square feet) of the second dwelling unit will not adversely affect the privacy enjoyed by surrounding properties. Deviation from the stated Design and Development Standards contained within Section 1, 32-32.7 of Ordinance Number 94-11 (Second Dwelling Units) to allow the construction of a 1,000 square foot second living unit is necessary to install features that facilitate access and mobility for a disabled person and elderly person cohabitating the living unit. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. This approval is for the construction of a second dwelling unit located in the rear yard of an existing single family residential lot at 21 La Gonda Court. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project drawings labeled "Macedo Second Dwelling Unit" (dated received by the Planning Division on January 3, 1996). 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. PAGE NO. 2 RESOLUTION 96-3 0 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. 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 (i.e., the approved second dwelling unit shall be converted, as appropriate, to become accessory living space to the principle residence on the lot). 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: ao The maximum size of the second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. bo 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 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. PAGE NO. 3 RESOLUTION 96-3 Off-street parking for the second unit shall be provided in the existing driveway located on the west side of the site. 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. 10. The applicant has the option of increasing the second living unit size from the size shown on the project submittals (i.e., 750+ square feet) to a maximum of 1,000 square feet. 11. The architecture, colors and materials of the second living unit shall be compatible with the existing residence and shall insure the privacy of surrounding properties subject to the review and approval of the Design Review Board prior to issuance of a building permit. The second living unit shall have a stucco exterior that matches the texture of the primary unit. The roof material shall be compatible with the wood shake roof material of the primary unit. Building colors of the primary unit and the second living unit shall ultimately match each other. The second living unit shall be landscaped to provide privacy screening for surrounding properties. If the architecture and landscaping of the second living unit do not adequately protect the privacy of surrounding properties, the side yard setback shall conform to minimum side yard setbacks (15 feet) for the R-20; Single Family Residential District subject to the review and approval of the Design Review Board. APPROVED by the Danville Planning Commission at a regUlar meeting on January 9, 1996 by the following vote: AYES: NOES: ABSENT: ABSTAINED: APPROVED AS TO FORM: Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy City Attorney pdpz82 Chief of ~xla~ PAGE NO. 4 RESOLUTION 96-3