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HomeMy WebLinkAbout98-10 EXHIBIT A RESOLUTION NO. 98-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 98-03 AND VARIANCE REQUEST VAR 98-04 ALLOWING THE CONSTRUCTION OF A 1,000 +/- SQUARE FOOT SECOND UNIT AT 1601 LAWRENCE ROAD (APN: 206-170-008) WHEREAS, Omar Rees has requested approval of a Land Use Permit to construct a 1,000 +/- square foot second dwelling unit on a 5 +/- acre site; and WHEREAS, Omar Rees has also requested approval of a Variance from the size limitation for second units to construct a second dwelling unit which exceeds the maximum size limitation by 250+/- square feet; and WHEREAS, the subject site is located at 1601 Lawrence Road and is further identified as Assessor's Parcel Number 206-170-008; and WHEREAS, the Town of Danville P-l; Planned Unit District Ordinance and the Town' s Second Dwelling Unit Ordinance (Ord. No. 94-11 ) require 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 March 10, 1998; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the Califomia Environmental Quality Act (CEQA); 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 98-03 per the conditions contained herein, and makes the following findings in support of this action: PAGE 1 OF RESOLUTION NO. 98-10 Land Use Permit Request: 1. The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town. 3. 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. 5. 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. Variance Request: 1. This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the P-1; Planned Unit Development District in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: 3. This variance is in substantial conformance with the intent and purpose of the P-l; Planned Unit Development District in which the subject property is located. CONDITIONS OF APPROVAL 1. This approval is for the construction a 1,000 +/- square foot second dwelling unit at 1601 Lawrence Road. Development shall be substantially as shown on the project drawings dated received by the Planning Division on January 6, 1998. 2. 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 PAGE 2 OF RESOLUTION NO. 98-10 relevant permits are secured, and shall be paid prior to issuance of said permit. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $72.75 (97 notices X $0.75 per notice). 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. 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. The project may utilize private water supply subject to the review and approval of the Contra Costa County Environmental Health Department. All wastewater may be disposed into the existing septic system subject to the approval of PAGE 3 OF RESOLUTION NO. 98-10 the Contra Costa County Environmental Health Department. 10. The second dwelling shall be constructed in conformance with the Building Division requirements. APPROVED by the Danville Planning Commission at a Regular Meeting on March 10, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Moran, Osborn, Rapp, Combs Bowlby, Hunt, Jameson~_~-~,,/~~ Chairman APPROVED AS TO FORM: City Attorney Chief o~f ~ PAGE 4 OF RESOLUTION NO. 98-10