HomeMy WebLinkAbout99-15 EXHIBIT A
RESOLUTION NO. 99-15
APPROVING LAND USE PERMIT REQUEST LUP 99-12 ALLOWING THE
DEVELOPMENT OF A 700 +/- SQUARE FOOT SECOND DWELLING
UNIT CONTAINED WITHIN THE SHELL OF AN EXISITNG
SINGLE FAMILY HOME LOCATED AT 155
ESTATES DRIVE (APN: 208-044-003 - LERNER)
WHEREAS, Lydia Lemer has requested approval of a Land Use Permit (LUP 99-12) to allow
the construction of a 700 +/- square foot second dwelling unit to be contained within the shell of
the existing single family residence on a .36 +/- acre site; and
WHEREAS, the subject site is located at 155 Estates Drive, and is further identified as
Assessor's Parcel Number 208-044-003; and
WHEREAS, the Town of Danville R-20; Single Family Residential District Ordinance and
Second Dwelling Unit Ordinance 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 May
25, 1999; 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 99-12 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 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.
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 andNor enforcement problem within the
neighborhood or community.
The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following conditions shall be complied with prior to the issuance
of a building permit for the project. Each item is subject to review and approval by the Planning
Division unless otherwise specified.
This approval is for the construction a 700+/- square foot second dwelling unit. Except
as amended by the conditions contain herein, development shall be substantially as shown
on the project drawing labeled "Exhibit D," consisting of 6 sheets, dated received by the
Planning Division on April 19, 1999.
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 May 25, 1999 public heating. The fee
shall be $109.50 (146 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 (SRVUSD) 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 99-15
f\
10.
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.
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 unit shall be constructed in conformante with the Building Division
requirements.
PAGE 3 OF RESOLUTION 99-15
APPROVED by the Danville Planning Commission at a regular meeting on May 25, 1999 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chairman
APPROVED AS TO FORM:
City Attorney }
fi\platmingXapplicationXlupX991upXlup99-12\pc s~affreport.doc
PAGE 4 OF RESOLUTION NO. XX-XX