HomeMy WebLinkAbout96-59 EXHIBIT A
RESOLUTION NO. 96-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 96-37 ALLOWING THE
CONSTRUCTION A 747 +/- SQUARE FOOT SECOND DWELLING UNIT AT
606 EL PINTADO ROAD (APN: 196-140-014)
WHEREAS, Jim and Ann Naviaux have requested approval of a Land Use Permit for a 747
+/- square foot detached second dwelling unit on a 1.21 +/- acre site; and
WHEREAS, the subject site is located on the east side of E1 Pintado Road, at 606 El Pintado
Road and is identified as Assessor's Parcel Number 196-140-014; and
WHEREAS, the Town of Danville R-40; Single Family Residential District Ordinance and the
Town's Second Dwelling Unit Ordinance requires approval of a Land Use Permit prior to
the establishment of a second dwelling unit; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 26, 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 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 request LUP 96-37 per the conditions contained herein, and makes the following
findings in support of this 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.
PAGE I OF RESOLUTION NO. 96-59
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 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.
6. The land use will not encourage marginal development within the neighborhood.
That special conditions or unique characteristics of the subject property and its
location or surroundings are established. Failure to so find shall result in a denial.
CONDITIONS OF APPROVAL
This approval is for the construction of a 747 +/- square foot second dwelling unit
at 606 E1 Pintado Road. Development shall be substantially as shown on the project
drawings consisting of three sheets, as prepared by Barry 8: Volkmann and dated
received by the Planning Division on October 4, 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.
Prior to the issuance of a building permit for the construction of the second dwelling
unit, 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 met to the satisfaction of these respective agencies.
o
Prior to the issuance of a building permit for the construction of a second dwelling
unit, the applicant shall submit an application for an encroachment permit to allow
for the encroachment of the proposed driveways (for the new driveway to the house
and the driveway to the second dwelling) into the Town right-of-way.
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The property owner shall occupy either the principal or the secondary residential
unit. 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.
PAGE 2 OF RESOLUTION NO. 96-59
Before obtaining a Building Permit for a 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, and stating
that:
ao
The second dwelling unit shall not be sold separately and may not be
subdivided.
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The second dwelling unit is restricted to the size approved by the Land Use
Permit allowing the unit.
C0
The restrictions shall be binding upon any successor in ownership or the
property and lack of compliance shall result in proceedings to revoke the
Land Use Permit.
do
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 or record of the property.
o
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.
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Domestic water supply shall be from an existing public water system. Water supply
service shall be from the East Bay Municipal Utility District (EBMUD) water system
in accordance with the requirements of EBMUD.
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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.
PAGE 3 OF RESOLUTION NO. 96-59
APPROVED by the Danville Planning Commission at a Regular Meeting on November 26,
1996 by the following vote:
AYES:
NOES:
ABSTAIN: -
ABSENT: Moran
Bowlby, Combs, Hunt, Jameson, Osborn, Murphy
APPROVED AS TO FORM:
City Attorney
ptwz08
Chief of
PAGE 4 OF RESOLUTION NO. 96-59