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Home My WebLink About98-36 EXHIBIT A RESOLUTION NO. 98-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 98-17 AND VARIANCE REQUEST VAR 98-24 ALLOWING THE CONSTRUCTION OF A 714 +/- SQUARE FOOT SECOND DWELLING UNIT AT 5 GREEN VALLEY COURT (APN: 196-350-018) WHEREAS, Mike and Kristi Jochimsen (applicant/owne~:) have requested approval of a Land Use Permit to construct a 714 +/- square foot second dwelling unit on a 0.31 +/- acre site; and WHEREAS, the applicants have also requested approval for a Variance allowing that second dwelling unit to be constructed within the 15 foot minimum side yard setback and the 30 foot rear yard setback; and WHEREAS, the subject site is located at 5 Green Valley Court and is further identified as Assessor's Parcel Number 196-350-018; and WHEREAS, the Town of Danville R-20; Single Family Residential District 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 August 11, 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 Permit request LUP 98-17 and Variance request 98-24 allowing the construction of a 714 +/- square foot second dwelling unit per the conditions contained herein, and made the following findings in support of this action: Land Use Permit: 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. 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. 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: 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. Because of the following circumstances 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: The property is located adjacent to Green Valley Creek, and is required to maintain a 32 +/- foot side yard setback rather than the 15 foot setback required of other properties within the district, which reduces the buildable area on the southwest portion of the lot. The mature Maple tree, located in the center of the rear yard, is a benefit to the property for shade and privacy. The existence of this tree limits available area for development of the second dwelling unit. The window locations for the bedroom, dining and living room for this second unit have been placed in locations to reduce privacy impacts on the neighbors. 3. This variance substantially meets the intent and purpose of the respective land use district PAGE 2 OF RESOLUTION NO: 98-36 (R-20; Single Family Residential District) in which the subject property is located. CONDITIONS OF APPROVAL This approval is for the construction a 714+/- square foot second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawing labeled "Mr. & Mrs. Mike Jochimsen," consisting of five sheets, dated received by the Planning Division on July 16, 1998. This approval also includes a Variance to reduce the rear yard setback from 25 feet to 15 feet and the sideyard setback from 15 feet to 7 feet. Staff may support a submitted variance request to construct a good neighbor fence which does not exceed eight feet in height along the east and south property lines. This fence should be constructed of an opaque wood material with a 2' open lattice. The applicant shall revise the site plan to include one off-street parking space for the second dwelling unit. This space shall be paved and a minimum of g' X 16' in size. The applicant shall revise the site plan to incorporate trees with broad, dense canopies along the east and south property line. The trees shall be a minimum size of 15-gallon. This plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The trees are necessary to screen views of adjoining properties from the second dwelling unit. 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 August 11, 1998 public hearing. The fee shall be $32.25 (43 notices X $0.75 per notice). Prior to the issuance of a building permit for the construction of the second dwell ing 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. PAGE 3 OF RESOLUTION NO: 98-36 10. 11. 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 slating 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. 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 ConIra 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. PAGE 4 OF RESOLUTION NO: 98-36 APPROVED by the Danville Planning Commission at a Regular Meeting on August 11, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Hunt, Jameson, Magliano, Osborn, Rapp, Moran Chairman APPROVED AS TO FORM: City Attorney Chief of PI f:\planning\application\lup\lup98-17\pjbl.wpd 5 PAGE 5 OF RESOLUTION NO: 98-36