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HomeMy WebLinkAbout99-25RESOLUTION NO. 99-25 APPROVING LAND USE PERMIT REQUEST LUP 99-20 ALLOWING THE CONSTRUCTION OF UP TO SIX ADDITIONAL DETACHED SECOND DWELLING UNITS TO BE CONSTRUCTED IN CONJUNCTION WITH A PREVIOUSLY APPROVED 19-LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION (APN: 203-160-004 - DAVIDON) WHEREAS, Davidon Homes has requested approval of a Land Use Permit request (LUP 99-20) to allow the construction of an additional six detached second dwelling units within a previously approved 19-lot residential development. Five second dwelling units were previously approved as part of the project to satisfy the project' s Inclusionary Housing requirements; and WHEREAS, the subject site is located on the east side of Old Blackhawk Road, near Lacewood Drive and is further identified as Assessor's Parcel Number 203-160-004; and WHEREAS, the Town of Danville 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 heating on July 27, 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 99-20 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed lm~d 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. 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. 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 of up to an additional six 460 +/- square foot second dwelling units to be constructed within a previously approved 19-1ot residential subdivision. Except as amended by the conditions contain herein, development shall be substantially as shown on the project site plan labeled "Composite Plot Plan," and the project drawings labeled "Cottage," dated received by the Planning Division on June 7, 1999. The colors and materials for the second dwelling units shall be consistent with the colors and materials for the primary residence constructed on each lot. 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 July 27, 1999 public hearing. The fee shall be $98.00 (131 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 PAGE 2 OF RESOLUTION 99-25 , 10. 11. 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. Before obtaining a Building Permit for any second dwelling unit, the property owner shall file with the County Recorder a declaration or an agreement of restrictions for each lot, 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 conformance with the Building Division requirements. PAGE 3 OF RESOLUTION 99-25 APPROVED by the Danville Planning Commission at a regular meeting on July 27, 1999 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Hunt, Moran, Osborn, Rapp Jameson Chairman APPROVED AS TO FORM: City Attorney ' ~ PAGE 4 OF RESOLUTION NO. 99-25