HomeMy WebLinkAbout96-22 EXHIBIT A
RESOLUTION NO. 96-22 '
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 96-18 ALLOWING THE
CONSTRUCTION OF A MAXIMUM 1,000 SQUARE FOOT SECOND DWELLING
UNIT AT 328 MONTOYA WAY (APN: 217-440-026)
WHEREAS, Providence Development has requested approval of a Land Use Permit to
construct a maximum 1,000 square foot second dwelling unit on a .67+__ acre site; and
WHEREAS, the subject site is located at 328 Montoya Way and is identified as Assessor's
Parcel Number 217-440-026; 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 June 11, 1996; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF~S, 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 request LUP 96-18 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.
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
PAGE 1 RESOLUTION NO. 96-22
4. The land use supports the policies 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.
6. The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk C*") in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permit for the second dwelling unit. Each item is subject to review
and approval by the Planning Division unless otherwise specified.
A. GENERAL
* 1.
This approval is for a maximum 1,000 square foot second dwelling unit
located at 328 Montoya Way. Except as may be modified by the following
conditions, development shall be substantially as shown on the project
drawing consisting of 6 sheets labeled "Lasata Plan 2," as prepared by Allen
Nikitin Architect, dated received by the Planning Division on May 14, 1996.
The applicant shall pay or be subject to any and all Town and other related
fees that the property may be subject to. These fees shall be based on the
current fee schedule in effect at the time the relevant permits are secured,
and shall be paid prior to issuance of said permit. Notice should be taken
specifically of Child Care Facilities, Plan Checking, and Inspection fees.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District (SRVFPD) have been, or will be, met to the
satisfaction of these respective agencies.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $25.00.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless
otherwise approved in writing by the City Engineer for general construction
activity and the Chief Building Official for building construction activity.
PAGE 2 RESOLUTION NO. 96-22
* 6.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
B. MISCELLANEOUS
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 primary and secondary units,
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.
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.
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.
Construction of the primary and secondary units shall conform to all
applicable conditions of approval for the subject subdivision (PUD 89-4,
SD 7646 & DP 92-06).
APPROVED by the Danville Planning Commission at a Regular Meeting on June 11, 1996,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
City Attorney
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Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy
Chief of P~n~g
PAGE 3 RESOLUTION NO. 96-22