The URL can be used to link to this page

Home My WebLink About2000-38RESOLUTION NO. 2000-38 APPROVE LAND USE PERMIT REQUEST LUP 2000-30 TO ALLOW THE CONVERSION OF AN EXISTING 1,096 +/- SQUARE FOOT ACCESSORY STRUCTURE INTO A 750 +/- SQUARE FOOT SECOND DWELLING UNIT WITH AN ATTACHED 346 +/- SQUARE FOOT ONE CAR GARAGE WITH REDUCED SETBACKS (APN: 196-241-011 - BAKER SECOND DWELLING UNIT) WHEREAS, Edward and Janice Baker have requested approval of a Land Use Permit request (LUP 2000-30) to allow the conversion of a 1,096 +/- square foot storage shed into a 750 +/- square foot detached second dwelling with an attached 346 +/- garage on a .39 +/- acre site; and WHEREAS, the applicant has requested that the Planning Commission waive the setback limitations allowing the second dwelling unit to encroaeh five feet into the minimum required side yard setback and 18 +/- feet into the rear yard setbacks for a primmy structure; and WHEREAS, the subject site is located at 433 Alamatos Drive, and is further identified as Assessor's Parcel Number 196-241-011; and WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance and Second Dwelling Unit Ordinance require approval of a Land Use Permit request 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 12, 2000; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) 15303; 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 2000-30 per the conditions contained herein, and makes the following findings in support of this action: Land Use Findings + The proposed land use will not be detrimental to the health, safety, and general welfare of the Town because the Town of Danville encourages second dwelling units to provide affordable housing within the Town. 9 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 tax 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 policy and goals as set by the 2010 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 and quality of the neighborhood. Setback Waiver Findings The proposed land use will not adversely impact the privacy enjoyed by the surrounding properties because the neighboring primary structures are substantially setback from the surrounding primary structures and a 100 foot buffer separated the residents to the north. 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. PAGE 2 OF RESOLUTION NO. 2000-38 g£-OOOZ 'ONT MOI,LfI'IOS3H ~I0 ~ [tgVd 'l!tuJod os71 pueq oq;t o~oAoa m sl/u!pooomd u! llnsoa lleqs ooumldtuoo gco :,lo~l pu~ itodmd oq~. ao d!qs~ou,'ao u! ~ossooons ~iuu uodn ~u!pu!q oq lleqs suo!Dplso~ oq/L 'l!un oq3, ~u!~xoll~ l!ttuod osFI pueq oql Kq poAmdd~ oz!s oql ol poD!-llso-I s} l!un ~u!llo~p puooos oq~L 'a 'l!un ie!luop!soj [~d!ouUd oql tumj jJo pop!A!pqns oq lou X~3tu pu~ K[o1~3dos plos oq lou [leqs 34un 58u![lo~p puooos -q · (aa!lou ~ad ~L'0$ X soo}lou I~51) 9L'065 oq llgqs aoJ aq~L 'guUgaq a!lqnd 00015 'Z71 ~aqua°aoCI oql Jo sIuap}sa~ i~upoqqg!au ~u}punm~ns gu!XJ}lou aoJ u~oI aql os~nqtu!o~ llgqs lugD![ddg aql 'l}tmod gu!pl!nq g Jo oaugnss} oql ol aopd · l!tmod pros jo oaugnss! ol 3opd p!gd oq llgqs pug 'po3noos a.m sl}tu~od lUeAOIO~ aql am}l aql ~g ~aajja u} alnpoqas oaJ ~uo~na oql uo pasgq aq lleqs sooj osoql 'sooj pomlo.~ ~oqlo pub u~o& olqgaHddg jig pug Au~ 'oouop!soa Aagtuud gu!ls!xo aql qolgtu Ilgqs l!un 18u!llaA~p puoaas aq;jo slg!jomtu pug saoloo oq& '000~ '6E JoqtuoldoS uo uo}s!A!CI gu!uugld oql Aq paApaaj polyp 'jo~lg~ PiH Xq paj~dajd 'ugid JooLl poanpaj ouo pue ugld o1!s axis lint ouo jo ~'ullslsuoo ,,'joulefl oo!ul3f pug pa,, uo u~oqs ge Affe[ltmlsqns oq Hgqs 1uatudopAap 'u!oaoq u}gluoo suo!l!puoa aql ~(q popuotug sg 1daax~j 'ai~gjgg DoJ oj~nbs -/+ 917g poqogllg ug qlpa 1}un i~u!lla/~p puoaos 1ooj ojgnbs -/+ 09L g olu! paqs oggJols 1ooj ajgnbs -/4- 960'l gJo UO!SJOAUOO 'L '9 '9 'I 10. 11. 12. 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. (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 accordm~ce with the requirements of EBMUD. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central ConIra Costa Sanitary District (CCCSD) sewer system in accordance with the requirements of CCCSD, The conversion of the storage shed into a second dwelling unit shall be conducted in conformance with the Uniform Building Code and all other applicable Building Division requirements The applicant shall install evergreen screen trees along the west side yard property lines and the southeast corner of the front of the structure to screen the second dwelling unit from off-site views. The selected tree species type shall be submitted to the Town of Danville for review and approval prior to issuance of a building permit for the storage shed conversion. To ensure privacy for the neighbors to the north and east, no windows shall be included along the west elevation. PAGE 4 OF RESOLUTION NO. 2000-38 APPROVED by the Danville Planning Commission at a regular meeting on December 12, 2000 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Graham, Jameson, Moran, Osborn, Rapp Hunt airman APPROVED AS TO FORM: City Attorney Chief of~ f:\plannmg\application\lup\20001up\lup00-02\pc staffreporlLUP00-02.doc PAGE 5 OF RESOLUTION NO. 2000-38