HomeMy WebLinkAbout2002-30RESOLUTION NO. 2002-30
APPROVE LAND USE PERMIT REQUEST LUP 2002-26 ALLOWING
THE CONVERSION OF 553 +/- SQUARE FEET OF UNCONDITIONED
LIVING SPACE INTO A SECOND DWELLING UNIT
(APN: 196-600-016 - MILES SECOND DWELLING UNIT)
WHEREAS, Robin Miles has requested approval of a Land Use Permit (LUP 2002-26) to
allow the conversion of 553 +/- square feet of existing unconditioned space into a second
dwelling unit; and
WHEREAS, the subject site is located at 49 La Jolla Court, and is further identified as
Assessor's Parcel 196-600-016; and
WHEREAS, the Town of Danville R-20; 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
November 26, 2002; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA) 15301; 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 2002-26 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 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.
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 conversion of an 553 +/- square feet of unconditioned living
space in the primary residence into a second dwelling unit. Except as amended by
the conditions contain herein, development shall be substantially as shown on the
project drawing labeled "49LAJOLL,' consisting of two sheets, dated received by
the Planning Division on October 17, 2002.
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. 2002-30
Prior to the issuance of a building permit, the applicant shall reimburse the Town
for notifying surrounding neighboring residents of the November 26, 2002 public
hearing. The fee shall be $56.25 (75 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 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 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.
PAGE 3 OF RESOLUTION NO. 2002-30
10.
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.
11.
The conversion of the existing unconditioned space into second dwelling unit shall
be conducted in conformance with the Uniform Building Code and all other
applicable Building Division requirements. The applicant shall obtain a building
permit prior to commencement of work.
12.
The outside building lighting for this structure shall be down directed and shielded
as to not create glare onto adjacent properties.
APPROVED by the Danville Planning Commission at a regular meeting on November 26,
2002 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Condie, Legg, Moran, Storer, Osborn
Combs, Jameson, Graha..~ ,~
APPROVED AS TO FORM:
City Attorney
Chief of la~ning
t:~ pkannmg\ applicationyup~ 20001up\ lup02-26~ pc staff repor tLUP00-26.doc
PAGE 4 OF RESOLUTION NO. 2002-30