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HomeMy WebLinkAbout2002-07RESOLUTION NO. 2002-07 LAND USE PERMIT REQUEST LUP 2001-29 ALLOWING THE CONSTRUCTION OF A 1,000 +/- SQUARE FOOT DETACHED SECOND DWELLING UNIT (APN: 199-180-017- HOSELEY) WHEREAS, Ralph and Sonya Hoseley have requested approval of a Land Use Permit (LUP 2001-29) to allow the construction of a 1,000 +/- square foot detached second dwelling unit on a 1.62 +/- acre site; and WHEREAS, the subject site is located at 17 Hillside Drive and is further identified as Assessor's Parcel Number 199-180-017; and WHEREAS, the Town of Danville R-65; Single Family Residential District 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 February 26, 2002; 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 Towrf of Danville approves Land Use Permit request LUP 2001-29 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. 2. 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 2010 General Plan. The land use will not create a nuisance and\or enforcement problem within the neighborhood or community. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the issuance ora 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 "Remodeling and Addition for Rusty & Sonya Hoseley," consisting of two sheets, as prepared by William P. Coburn, Architect, dated received by the Planning Division on December 20, 2001. 2. The colors and materials shall be compatible with 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 along the south and east elevations of the unit. 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 February 26, 2002 public hearing. The fee shall be $ 24.00 (32 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. PAGE 2 OF RESOLUTION NO. 2002-07 10. 11. 12. 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 the 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, stating that: The second dwelling unit shall not be sold separately and the property 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. (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. The second dwelling unit shall be constructed in conformance with the Building Division requirements. The detached garage structure, which is currently under construction on the site (on the right side of the driveway), shall be taken through the frame inspection stage prior to the issuance of a building permit for the second dwelling unit. The existing block wall parallel and adjacent to Hillside Drive, and a portion of the connecting block wall along the south property line that is not serving as a retaining wall, shall either be lowered to a maximum height of 42 inches (as measured from the adjoining roadway elevation) or be removed. Any portion of the structure which is located within the roadway easement or outside the subject parcel's property lines, shall be removed. The edge of right-of-way for Hillside Drive and the location of the parcel's southern property line, shall be field verified through the completion ora survey to verify PAGE 3 OF RESOLUTION NO. 2002-07 that appropriate setbaeks are observed for the structure, and that the remaining structure is not located within the easement or outside of the subject parcel's property lines. Modifications to the wall called for under this condition of approval shall be made prior to issuance of the building permit for this second dwelling unit, to the satisfaction of the Planning Division. 13. Within 30 days of the effective date of this approval, the applicant shall prepare and submit a site plan for the entire property, drawn to scale, that accurately details the location of all existing and planned structures on the property, including the location of retaining walls. The site plan submittal shall be keyed to indicate the building permits associated with each respective improvement on the site. APPROVED by the Danville Planning Commission at a regular meeting on February 26, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Condie, Jameson, Legg, Moran, Osborn, Storer, Combs Graham .,~;~ / ///~ / Chairman APPROVED AS TO FORM: City Attorney Chief o~g PAGE 4 OF RESOLUTION NO. 2002-07