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Home My WebLink About97-26 EXHIBIT A RESOLUTION NO. 97-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 97-15 ALLOWING THE CONSTRUCTION OF A 998 +/- SQUARE FOOT SECOND DWELLING UNIT AT 31 WAY POINTS ROAD (APN: 199-150-029) WHEREAS, Barbara Spurgeon have requested approval of a Land Use Permit for a 998 +/- square foot detached second dwelling unit with atwo-car garage and covered walkway on a 1.86 +/- acre site; and WHEREAS, the subject site is located at 31 Way Points Road and is further identified as Assessor% Parcel Number 199-150-029; and WHEREAS, the Town of Danville R-40; Single Family Residential District Ordinance and the Town's Second Dwelling Unit Ordinance (Ord. No. 94-11) 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 August 26, 1997; 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 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 97-15 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 1 OF RESOLUTION NO. 9%26 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 tbe 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. CONDITIONS OF APPROVAL This approval is for the construction of a 998 +/- square foot detached second dwelling unit at 31 Way Points Road. Development shall be substantially as shown on the project drawing labeled "Spurgeon Second Residence," consisting of three sheets, as prepared by Randolph Finn Architect and dated received by the Planning Division on July 31, 1997. The applicant shall pay or be subject to any and all applicable Town and other related fees. 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. 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. 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. 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: a. The second dwelling unit shall not be sold separately and may not be subdivided. The second dwelling unit is restricted to the size approved by the Land Use Permit allowing the unit. PAGE 2 OF RESOLUTION NO. 97-16 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. 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. 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. 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. 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. The second dwelling shall be constructed in conformance with the Building Division requirements. 10. Prior to the issuance of occupancy clearance for the second unit, the applicant shall plant nine 15-gallon Oak trees along the southeastem property boundary (south of the second unit driveway) to replace the former vegetative buffer between the subject property and the property to the southeast. The Oak trees shall be planted and irrigated (with a drip irrigation system). PAGE 3 OF RESOLUTION NO. 97-16 APPROVED by the Danville Planning Commission at a Regular Meeting on August 26, 1997 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: City Attorney ' ~ Barry, Jameson, Magliano, Moran, Rapp, Bowlby / Chief o a m f:\planning\williams\applicat.ion\lup~lup97_15\ptwz17 PAGE 4 OF RESOLUTION NO. 97-16