HomeMy WebLinkAbout98-48 EXHIBIT A
RESOLUTION NO. 98-48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST
LUP 98-25 LEGALIZING AN EXISTING 504 +/- SQUARE FOOT SECOND
DWELLING UNIT AT 93 MARQUES COURT
(APN: 218-332-015)
WHEREAS, David and Louise Mays have requested approval of a Land Use Permit (LUP 98-
25) to legalize an existing 504 +/- square foot second dwelling unit on a 0.50 +/- acre site; and
WHEREAS, the subject site is located at 93 Marques Court and is further identified as Assessor's
Parcel Number 218-332-015; and
WHEREAS, the Town of Danville P-l; Planned Unit Development 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
November 10, 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 Danvilte approves Land Use Permit
request LUP 98-25 legalizing an existing 504 +/- square foot second dwelling unit 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 properly within the
PAGE I OF RESOLUTION NO. 98-48
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
CONDITIONS OF APPROVAL
This Land Use Permit (LUP 98-25) approval is for the legalization of an existing 504 +/-
square foot second dwelling unit. Development is as substantially as shown on the project
drawing labeled "Kitchen Alcove Addition for Louise Mays, Owner," consisting of 4
sheets. dated received by the Planning Division on September 1, 1998, and October 8,
1998.
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 noti_f'cing
surrounding neighboring residents of the November 10, 1998 public hearing. The fee shall
be $158.25 (211 notices X $0.75 per notice).
Within two months of the approval date of this permit application, 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.
Within two months of the approval date of this permit application, the property owner
shall file with the coun_ty 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:
PAGE 2 OF RESOLUTION NO. 98-48
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.
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.
10.
Within two months of the approval date of this permit application, the applicant must
obtain all necessary building permits. Failure to obtain all necessary permits will result
in the Town's pursuit of the abatement of this illegal structure.
APPROVED by the Danvitle Planning Commission at a Regular Meeting on November 10,
1998 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Osborn, Moran, Hunt
Jameson, Magliano, Rapp
APPROVED AS TO FORM:
City Attorney )~
Chief of Pla~
PAGE 3 OF RESOLUTION NO. 98-48