HomeMy WebLinkAbout2000-30RESOLUTION NO. 2000-30
APPROVING LAND USE PERMIT REQUEST LUP 2000-18 ALLOWING THE
CONSTRUCTION OF A 750 (+/-) SQUARE FOOT ATTACHED SECOND
DWELLING UNIT AT 1656 GREEN VALLEY DRIVE
(APN: 195-102-042 - MORRELL)
WHEREAS, Kenneth and Diane Morrell have requested approval of a Land Use Permit request
(LUP 2000-18) to construct a 750 +/- square foot second dwelling unit on a .40 +/- acre site; and
WHEREAS, the subject site is located at 1656 Green Valley Road and is further identified as
Assessor's Parcel Number 195-102-042; and
WHEREAS, the Town of Danville R~ 10; 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; emd
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
October 10, 2000; 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 Plm~ning 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 2000-18 per the conditions contained herein and makes the following findings in
support of this action:
Findings:
The proposed land use will not be detrimental to the health, safety, and general welfare
of the Town because the Town encourages second dwelling units to provide affordable
housing within the Town.
The land use will not adversely affect the orderly development of property within the
Town because the proposed land use is consistent with the land use requirements for this
parcel.
The land use will not adversely affect the preservation of property values and the
protection of the ~x base within the Town because the proposed second unit will increase
the value of the existing and surrounding property.
The land use will not adversely affect the goals and policies as set by the General Plan
because the proposed land use is encouraged in the housing element of the General Plan.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community because the proposed residential use is consistent with the
existing residential character of the neighborhood.
The land use will not encourage marginal development within the neighborhood because
the development will be of high quality and compatible with the character of 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 a 750 +/- square foot second dwelling unit. Except
as amended by the conditions contain herein, development shall be substantially as shown
on the project drawing labeled "The Morrell Residence," consisting of three sheets, dated
received by the Planning Division on July 19, 2000.
The colors and materials shall match the existing primary residence.
The applicant shalI 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.
PAGE 2 OF RESOLUTION NO. 2000-30
10
Prior to the issum~ce of a building permit, the applicant shall reimburse the Town for
notifying surrounding neighboring residents of the October 10, 2000 public hearing. The
fee shall be $ 147.00 (98 notices X $0.75 per notice X two notices).
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 (SRVUS D) 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 d~velling 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.
Construction activity shall be restricted to the period between the weekday hours of 7:30
a.m. to 5:30 p.m. (Monday through Friday), 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 of 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.
PAGE 3 OF RESOLUTION NO. 2000-30
11.
The second dwelling unit shall be constructed in conformance with the Building Division
requirements.
APPROVED by the Danville Planning Commission at a regular meeting on October 10, 2000
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs~ Graham~ Jameson~ Moran, Osborn
Hnnt, Rapp
Chairman
APPROVED AS TO FORM:
City Attorney
f:\pla~ming\application\lup\lup20(l(i- l 8\pc staff' rcportL1. IP2000-18.doc
PAGE 4 OF RESOLUTION NO. 2000-30