HomeMy WebLinkAbout98-40 EXHIBIT A
RESOLUTION NO. 98-40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST
LUP 98-19 AND ALLOWING THE CONSTRUCTION OF A 993 +/- SQUARE FOOT
SECOND DWELLING UNIT AT 319 HARPER LANE
(APN: 201-220-016)
WHEREAS, Dianne and Michael Murphy have requested approval of a Land Use Permit to
construct a 993 +/- square foot second dwelling unit on a 0.48 +/- acre site; and
WHEREAS, the applicants have also requested that the Planning Commission waive the setback
limitations allowing that second dwelling unit to be constructed within the 30-foot minimum rear
yard setback; and
WHEREAS, the subject site is located at 319 Harper Lane and is further identified as Assessor's
Parcel Number 201-220-016; 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 item during a Public Hearing on August
25, 1998, and continued the item, and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 22, 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 98-19 allowing the construction of a 993 +/- square foot second dwelling unit per
the conditions contained herein, and makes 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.
Due to the orientation of the second dwelling unit related to surrounding properties,
including the placement of windows on the second dwelling unit, the reduced setbacks
for the structures will not adversely impact the privacy, enjoyed by surround properties.
CONDITIONS OF APPROVAL
This approval is for the construction a 993+/- 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. Michael Murphy," consisting of 5 sheets,
dated received by the Planning Division on August 13, 1998. The location of the structure
on the property shall be as shown on site plan Altemative 1, resulting in a minimum 15
foot rear and side yard setback.
The applicant shall receive confirmation from the Conira Costa County Sanitary District that
the proposed second dwelling unit is not placed on the sanitary sewer line for the main house.
The applicant shall revise the site plan to incorporate evergreen trees and landscaping along
the west and south property line where needed, to adequately screen the structure as the fruit
trees die in the future. The applicant shall work with the neighbors on the placement of the
proposed trees, then submit the revised site plan, which includes the decided location of the
proposed trees, to the Planning Division for review and approval, prior to the issuance of
building permits.
PAGE 2 OF RESOLUTION 98-40
10.
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 25, 1998 public hearing. The fee shall be
$85.50 (114 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.
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 98-40
11.
12.
13.
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.
The applicant shall revise the elevation height to include a maximum of 11 feet 6 inches from
the foundation to the pitch of the roof.
APPROVED by the Danville Planning Commission at a Regular Meeting on September 22,
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Hunt, Jameson, Magliano, Rapp, Moran
Chairman
APPROVED AS TO FORM:
City Attorney
Chief of Pla~ing~
1998 by
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PAGE 4 OF RESOLUTION 98-40