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HomeMy WebLinkAbout98-54 EXHIBIT A RESOLUTION NO. 98-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 98-31 ALLOWING THE CONSTRUCTION OF A 986+/- SQUARE FOOT SECOND DWELLING UNIT TO BE INCORPORATED INTO A PREVIOUSLY APPROVED 3,917+/- SQUARE FOOT HOME AT 1622 LAWRENCE ROAD (APN: 206-210-018) WHEREAS, Dale and Marry Henrie have requested approval of a Land Use Permit to construct a 986 +/- square foot second dwelling unit within a previously approved 3,917+/- square foot home on a 2.17 +/- acre site; and WHEREAS, the subject site is located at 1622 Lawrence Road and is further identified as Assessor's Parcel Number 206-210-018; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance, through the application of the R-100; Single Family Residential District within the Lawrence/Leema Road Specific Plan; and the TownHs 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 December 22, 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 98-31 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed land use will not be detrimental to the to the health, safety, and general PAGE I OF RESOLUTION NO. 98-54 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. CONDITIONS OF APPROVAL This approval is for the construction of a 986+/- square foot second dwelling unit within a previously approved single-family home. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the project plans labeled "Henrie Residence," consisting of 15 sheets, dated received by the Planning Division on December 7, 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 notifying surrounding neighboring residents of the December 22, 1998 public hearing. The fee shall be $139.50,186 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. PAGE 2 OF RESOLUTION NO. 98-54 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 of record of the property. The second dwelling shall be constructed in conformance with all Building Division requirements. All Conditions of Approval required within Development Plan DP 98-20, which approved the primary residence on this site, shall apply to the construction of this second dwelling unit. APPROVED by the Danville Planning Commission at a Regular Meeting on December 22, 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Jameson, Moran, Rapp Osborn, Magliano, Hunt Chairman APPROVED AS TO FORM: City Attorney ~ l':\planning\application\lup\lup98-31 stalll-eport,doc PAGE 3 OF RESOLUTION NO. 98-54