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HomeMy WebLinkAbout2001-11RESOLUTION NOo 2001-11 APPROVING LAND USE PERMIT REQUEST LUP 2001-06 ALLOWING THE DEVELOPMENT OF A DETACHED 1,000 +/- SQUARE FOOT SECOND DWELLING UNIT (APN: 206-140-010- ANDREWS) WHEREAS, Chuck and Mary Andrews have requested approval of a Land Use Permit to allow the construction ora 1,000 +/- square foot second dwelling unit on a 1.26 +/- acre site; and WHEREAS, the subject site is located at 1333 Lawrence Road, and is further identified as Assessor's Parcel Number 206-140-010; and WHEREAS, the Town of Danville R-40; Single Family Residential District Ordinance and the Town's Second Dwelling Unit Ordinance requires 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 April 10, 2001; 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 2001-06 per the conditions contained herein, and makes the following findings in support of this action: The proposed land 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. ~" 3. 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 2010 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 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 1,000 +/- square foot detached second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawing labeled "The Andrews Second Dwelling Unit," consisting of 7 sheets, as prepared by Drummond Designs, dated received by the Planning Division on February 13,2001~ 2. The colors and materials shall match the existing primary residence. Prior to the issuance of a building permit, a landscape plan for the area immediately surrounding the second dwelling unit shall be submitted to the Planning Division for review and approval. The plan shall include screen trees near the west and north elevations of the unit. The landscaping around the second dwelling unit shall be installed prior to the occupancy of the structure. The landscaping shall be provided with an irrigation system and shall be maintained in a healthy growing condition. 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. PAGE 2 OF RESOLUTION NO. 2001-11 10. 11. 12. 13. Prior to the issuance of a building permit, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the April 10, 2001 public hearing. The fee shall be $ 81.00 (108 notices X $0~75 per notice). Prior to the issuance ora 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. 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. Bp 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. (Mondays through Fridays), unless otherwise approved in writing bythe City Engineer for general construction activity and the Chief Building Official for building construction activity. The second dwelling unit shall be constructed in conformance with the Building Division requirements. Water and sewer service shall be provided as required by the Contra Costa County Environmental Health Division. If the development cannot meet the requirements of the district related to the expansion of the existing private on-site water and sewerage disposal PAGE 3 OF RESOLUTION NO. 2001-11 system to serve the second dwelling unit, the applicant shall be required to connect the second dwelling unit to the public water supply and sewerage disposal system and pay all established fees related to the Lawrence Road Benefit District. APPROVED by the Danville Planning Commission at a regular meeting on April 10, 2001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Jameson, Legg, Moran, Osborn Graham, Storer Ch~rman ~ APPROVED AS TO FORM: City Attorney Chief of Pla~ PAGE 4 OF RESOLUTION NO. 2001-11