HomeMy WebLinkAbout97-33 EXHIBIT A
RESOLUTION NO. 97-33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT
REQUEST LUP 97-19 ALLOWING THE CONVERSION OF AN
EXISTING 600 +/- SQUARE FOOT DETACHED GARAGE INTO A
SECOND DWELLING UNIT AT 7 SMOKEWOOD COURT
(APN: 199-150-029)
WHEREAS, Jim and Annagi Liles have requested approval of a Land Use Permit to convert an
existing 600 +/- square foot detached garage into a second dwelling unit on a 0.36 +/- acre site;
and
WHEREAS, the subject site is located at 7 Smokewood Court and is further identified as
Assessor's Parcel Number 207-193-004; and
WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance and the
Town's Second Dwelling Unit Ordinance (Ord. No. 94-11) requires approval of a Lm~d 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
September 25, 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 97-19 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. 97-33
The lm~d 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 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.
The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
This approval is for the conversion of an existing detached 600 +/- square foot garage into
a second dwelling unit at 7 Smokewood Court. Development shall be substantially as
shown on the project drawing labeled "Liles - In Law Unit," consisting of four sheets,
dated received by the Planning Division on July 25, 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. 97-33
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.
APPROVED by the Danville Planning Commission at a Regular Meeting on September 25,
1997 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
City Attorney
Chief of ][
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