Loading...
HomeMy WebLinkAbout2002-08RESOLUTION NO. 2002-08 APPROVE LAND USE PERMIT REQUEST LUP 2002-02 TO ALLOW THE CONVERSION OF A BREEZEWAY UNDER AN EXISTING ROOF INTO A 356+/- SQUARE FOOT SECOND DWELLING UNIT (APN: 206-160-011 - DRESSER SECOND DWELLING UNIT) WHEREAS, Dan and Judy Dresser have requested approval of a Land Use Permit request (LUP 2002-02) to allow the conversion of a breezeway under an existing roof into a 356+/- square foot second dwelling on a 7.81 +/- acre site; and WHEREAS, the subject site is located at 1595 Lawrence Road, and is further identified as Assessor's Parcel Number 206-160-011; and WHEREAS, the Town of Danville 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 March 26, 2002; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the Califomia 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 2002-02 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. The land use will not adversely affect the orderly development of property within the Town because the proposed attached second unit increases the supply of smaller residential units without disrupting the scale, appearance and character of the Southern Lawrence Road area. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town because the 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 current land uses of the neighborhood. The land use will not encourage marginal development in the neighborhood because the proposed land use is consistent with the land use requirements for this parcel. CONDITIONS OF APPROVAL Unless other, vise 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 conversion of a roofed, open-sided passageway connecting two existing structures, the primary residence and storage room, into a 356+/- square foot second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawing labeled "Remodel/Addition to the Dresser Residence," consisting of two sheets, prepared by James Shields Residential Design, dated received by the Planning Division on February 13, 2002. The colors and materials of the second dwelling unit shall match the existing primary residence. 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 March 26, 2002 public hearing. The fee shall be $8.25 (11 notices X $0.75 per notice). PAGE 2 OF RESOLUTION NO. 2002-08 10. 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 and the San Ramon Valley Unified School District 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: The second dwelling unit shall not be sold separately and may not be subdivided off from the principal residential unit. 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 inwriting 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. PAGE 3 OF RESOLUTION NO. 2002-08 APPROVED by the Danville Planning Commission at a regular meeting on March 26, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Combs, Condie, Jameson, Legg, Moran, Storer, Graham Osborn APPROVED AS TO FORM: City Attorney Chief of Pla nfl. j~ PAGE 4 OF RESOLUTION NO. 2002-08