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Home My WebLink About2003-09RESOLUTION NO. 2003-09 APPROVE LAND USE PERMIT REQUEST LUP 2003-05 AND VARIANCE REQUEST VAR 2003-11 ALLOWING THE LEGALIZATION OF AN EXISTING 688 +/- SQUARE FOOT DETACHED SECOND DWELLING UNIT LOCATED 4'-3' INTO THE MINIMUM 10 FOOT SIDE YARD SETBACK (APN: 196-233-003 - JAIME SECOND DWELLING UNIT) WHEREAS, Lucy Jamie has requested approval of a Land Use Permit (LUP 2003-05) to allow the legalization of an existing 688 +/- square feet second dwelling unit; and WHEREAS, a Variance has been requested to allow the access stairs to encroach four feet, five inches into the required minimum 10 foot side yard setback, resulting in an five foot, seven inch side yard setback; and WHEREAS, the subject site is located at 110 Amigo Road, and is further identified as Assessor's Parcel 196-233-003; and WHEREAS, the Town of Danville R-15; Single Family Residenfial 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 May 13, 2003; 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 reconTmending 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 2003-05 and Variance request VAR 2003-11 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 properties. 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. Variance This variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the area and the R-15; Single Family Residential Zoning District in which the subject property is located. Because of the following special circumstances applicable to this specific property, strict application of the applicable zoning regulations would deprive the subject property of rights enjoyed by others in the general vicinity and/or located in the same zoning district: Given the layout of the existing structure, there is no feasible alternative to access the primary entrance to the unit. PAGE 2 OF RESOLUTION NO. 2003-09 This variance is in substantial conformance with the intent and purpose of the R-15; Single Family Residential Zoning District in which the subject property is located since the variance would allow for reasonable development of the parcel. CONDITIONS OF APPROVAL Ut~less 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 a 688 +/- square feet detached second dwelling unit into an attached second dwelling unit. Except as amended by the conditions contain herein, development shall be substantially as shown on the project drawing labeled "Jaime Residence," consisting of six sheets, dated received by the Planning Division on March 5, 2003. The building permit for this second dwelling unit shall be reactivated and finaled prior to issuance of a building permit for the main residence. The applicant shall pay or be subject to any and all applicable Town and other related fees for the legalization of the second dwelling unit. 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 final inspection of the building permit. Prior to the issuance of a final inspection, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the May 13, 2003 public hearing. The fee shall be $79.50 (106 notices X $0.75 per notice). Prior to the re-issuance of the building permit for 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, PAGE 3 OF RESOLUTION NO. 2003-09 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. 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 outside building lighting for this structure shall be down directed and shielded as to not create glare onto adjacent properties. PAGE 4 OF RESOLUTION NO. 2003-09 APPROVED by the Danville Planning Commission at a regular meeting on May 13, 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Jameson, Combs, Moran, Legg, Graham, Osborn, & Storer Chairman APPROVED AS TO FORM: City Attorney Chie~f of~'ng f:\planning\ applica~on\ lup\ 2002\1up03-05\ pc st~ff reportLUP03-05,doc PAGE 5 OF RESOLUTION NO. 2003-09