HomeMy WebLinkAbout98-25 EXHIBIT A
RESOLUTION NO. 98-25
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST
LUP 98-06 AND VARIANCE REQUEST VAR 98-11 ALLOWING THE
CONSTRUCTION OF A 810 +/- SQUARE FOOT SECOND
DWELLING UNIT AT 54 BUENA VISTA
(APN: 216-151-011)
WHEREAS, Shadman Ghadjar has requested approval of a Land Use Permit to construct a 810
+/- square foot second dwelling unit on a 0.76 +/- acre site; and
WHEREAS, Shadman Ghadjar has also requested approval of a Variance from the size
limitation for second units to construct a second dwelling unit which would exceed the maximum
size limitation by 60 +/- square feet; and
WHEREAS, the subject site is located at 54 Buena Vista and is further identified as Assessor's
Parcel Number 216-151-011; and
WHEREAS, the Town of Danville R-20; Single Family Residential District and the Town's
Second Dwelling Unit Ordinance (Ord. No. 94-1 l ) 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
April 28, 1998; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements of
the California 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 Pennit
request LUP 98-06 and Variance request VAR 98-11 to allow the construction of a 810 ~/-
square foot second dwelling unit per the conditions contained herein, and makes the following
findings in support of this action:
PAGE 1 OF RESOLUTION NO. 98-25
Land Use Permit:
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:
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-20; Single Family Residential 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:
a. The relatively large size of the subject parcel could comfortably accommodate the
proposed second dwelling unit.
3. This variance is in substantial conformance with the intent and purpose of the R-20;
Single Family Residential District in which the subject property is located.
CONDITIONS OF APPROVAL
1. This approval is for the construction a 810 +/- square foot second dwelling unit. Except
as amended by the conditions contain herein, development shall be substantially as shown
on the project drawing labeled "Shad Ghadjar Residence," consisting of 2 sheets, dated
received by the Planning Division on March 16, 1998.
PAGE 2 OF RESOLUTION NO. 98-25
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, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the April 14, 1998 and the April 28, 1998
public hearing. The fee shall be $123.00 (82 notices X $0.75 per notice X 2 public
meetings).
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 primar~ residence, or the second dwelling unit is occupied by the
owner or record of the property.
,
Consinaction 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.
PAGE 3 OF RESOLUTION NO. 98-25
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.
10.
The second dwelling shall be constructed in conformance with the Building Division
requirements.
11.
The new two-car garage shall be constructed in conjunction with the conversion of the
existing garage into the proposed second dwelling unit. The building permit for the
second dwelling unit shall include the plans for the new garage.
12.
Prior to the issuance of final occupancy for the second dwelling unit, the new two-car
garage shall be completed.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 14, 1998 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Rapp
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of Pla~
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PAGE 4 OF RESOLUTION NO. 98-25