HomeMy WebLinkAbout97-18 EXHIBIT A
RESOLUTION NO. 97-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE REPEALING RESOLUTION NO. 96-36 AND APPROVING
MODIFIED CONDITIONS OF APPROVAL FOR A FtEVIOUSLY APPROVED
LAND USE PERMIT LUP 96-21 FOR THE CONVERSION OF A PORTION OF
THE SECOND STORY OF AN EXISTING BARN/GARAGE INTO A 1,000+
SQUARE FOOT SECOND DWELLING UNIT AT 1475 LAWRENCE ROAD
(APN: 206-160-016)
WHEREAS, Jeff Ryan has requested approval to modify Conditions of Approval of a
previously approved Land Use Permit LUP 96-21 to convert a portion of the second story of
an existing bam/garage into a 1,000+ square foot second dwelling unit on a 5.0+ acre site; and
WHEREAS, the subject site is located on the east side of Law-ence Road, at 1475 Lawrence
Road and is further identified as Assessor's Parcel Number 206-160-016; and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance and
the Town's Second Dwelling Unit Ordinance (Ord. No. 94-11) requires approval of a Land
Use Permit prior to establishing a second dwelling unit; and
WHEREAS, the Planning Commission initially reviewed the project at a noticed public
hearing on August 13, 1996 and approved a Land Use Permit LUP 96-21 to convert the
existing space into a 1,000+ square foot second living unit; and
WHEREAS, the approved project drawings and Conditions of Approval/t9 and #10
contained within Resolution No. 96-36 referenced the 1,40(1+ square foot area as "storage
area," and that all existing plumbing and Heating Ventilation and Air Conditioning (HVAC)
in the "storage area" be capped off; and
WHEREAS, the applicant has requested Planning Commission approval to amend the
previously approved Conditions of Approval to allow the conversion of the "storage area" into
an auxiliary living area for the primary unit to include a recreation room, bedroom, bath and
storage room; 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 ?lanning Commission approve
the request; and
PAGE 1 OF RESOLUTION NO. 97-18
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 modified
conditions of approval for 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.
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 :he 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 developmeLt 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 1,000+ square foot second dwelling unit located at 1475
Lawrence Road. Development shall be substantially as shown on the project
drawings consisting of three sheets, as prepared by Jeff Ryan and dated
received by the Planning Division on April 15, 1997.
,
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 sb all 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 anv Town Council final approval
action. Notice should be taken specifically of the Building Plan Checking and
Inspection fees.
PAGE 2 OF RESOLUTION NO. 97-18
,
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.
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.
,
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 constr.~ction 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.
o
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:
a,
The maximum size of the second dwelling unit is restricted to the size
approved by the Land Use Permit allow 'ing the unit.
b,
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.
PAGE 3 OF RESOLUTION NO. 97-18
The applicant shall cap off all existing kitchen pl ambing (within the wall) in the
room designated as a bedroom closet located in the auxiliary living area on the
second floor of the structure. Such work shall '~e completed prior to approval
of the final building inspection for occupancy of-he second unit and the subject
auxiliary living space subject to the review and approval of the Building and
Planning Divisions.
10.
The 1,400+ square foot area located adjacent to the 1,000+ square foot second
dwelling unit may be utilized as an auxiliary use to the primary dwelling unit.
The permitted uses are a bedroom, bathroom, game room, closet area and
storage room. No portion of the area designated as the 1,400+ square foot
auxiliary living space as shown on the approved 7Mans 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 applicant shall secure all necessary permits from the Town of Danville, the
State of California Department of Fish & 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 fnal building inspection for the
second unit.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 13, 1997
by the following vote:
AYES:
NOES: -
ABSENT: -
ABSTAINED: Moran
APPROVED AS TO FORM:
City Attorney ~/q
Combs, Hunt, Jameson, Osborn, Rapp, Bowlby
~,,
Chief of P!
f: \p lanning\pars ons\pdpz 10
PAGE 4 OF RESOLUTION NO. 97-18