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HomeMy WebLinkAbout96-36 EXHIBIT A RESOLUTION NO. 96-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 96-21 ALLOWING THE CONVERSION OF A PORTION OF THE SECOND STORY OF AN EXISTING BARN/GARAGE INTO A 950+ SQUARE FOOT SECOND DWELLING UNIT AT 1475 LAWRENCE ROAD (APN: 206-160-016) WHEREAS, Jeff Ryan has requested approval of a Land Use Permit to convert a portion of the second story of an existing barn/garage into a 950+ square foot second dwelling unit on a 5.0+ acre site; and WHEREAS, the subject site is located on the east side of Lawrence Road, at 1475 Lawrence Road and is identified as Assessor's Parcel Number 206-160-016; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Land Use Permit prior to establishing a second dwelling unit; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on August 13, 1996; and WHERF~S, the public notice of this action was given in all respects as required by law; and WHERFakS, 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 96-21 per the conditions contained herein, and makes the following findings in support of this action: The land use will not adversely affect the orderly development of property within the Town. PAGE 1 RESOLUTION NO. 96-36 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. 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 ("*") in the left-hand column are standard project conditions of approval. Unless otherwise noted, all Conditions of Approval shall be complied with prior to approval of the final building inspection for the structure. * 1. This approval is for the conversion of a portion of a second story of an existing barn/garage into a 950+ square foot second dwelling unit located at 1475 Lawrence Road. Development shall be substantially as shown on the project drawings consisting of four sheets, as prepared by Jeff Ryan and dated received by the Planning Division on July 25, 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 and prior to any Town Council final approval action. Notice should be taken specifically of the Building 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) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. PAGE 2 RESOLUTION NO. 96-36 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, for administrative costs associated with the filing of the Categorical Exemption with Contra Costa County. Conswuction 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. Sewer disposal and water provision for the second dwelling unit shall be in accordance with the requirements of Contra Costa County Environmental Health Department. 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: a0 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 applicant shall cap off all existing kitchen and bathroom plumbing, and Heating Ventilation and Air Conditioning (HVAC) from the area designated as storage area on the second floor of the structure. Such work shall be completed prior to approval of the final building inspection for occupancy of the second unit subject to the review and approval of the Building and Planning Divisions. PAGE 3 RESOLUTION NO. 96-36 10. No portion of the area designated as storage area on the approved plans shall be incorporated into the living area for the approved second dwelling unit. The gross square footage of the second unit shall not exceed 1,000 square feet. 11. The second unit shall comply with all requirements of the Second Dwelling Unit Ordinance, the Uniform Building Code and all other applicable codes and regulatory requirements. The applicant shall secure all necessary permits from the Town of Danville, the State of California Department of Fish 8: Game, and any other applicable agencies for the southerly driveway connection to Lawrence Road and the existing on-site bridge prior to approval of the final building inspection for the second unit. APPROVED by the Danville Planning Commission at a Regular Meeting on August 13, ~996 by the following vote: AYES: NOES: - ABSENT: Hunt, Osborn ABSTAINED: - APPROVED AS TO FORM: Bowlby, Combs, Jameson, Moran, Murphy City Attorney Chief of ~ pdpz91 PAGE 4 RESOLUTION NO. 96-36