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HomeMy WebLinkAbout03-19-1990 Item 8.2 PA90-005 Cantori 2nd Unit CUP CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: March 19, 1990 TO: Planning Commission FROM: Planning Staff q- Project Planner GH REPORT PREPARED BY: Charlie Haims, SUBJECT: PA 90-005 Cantori Second Unit Conditional Use Permit and Variance request at 7859 Ironwood Drive - GENERAL INFORMATION: PROJECT: Conditional Use Permit and Variance request to allow a second unit consisting of 1,175 square feet of floor area at 7859 Ironwood Drive. A Variance is required in that the proposal exceeds the 598 square foot maximum permitted under the Zoning Ordinance. APPLICANT/PROPERTY OWNER: Carlo Cantori 7859 Ironwood Drive Dublin, CA 94568 LOCATION: 7859 Ironwood Drive ASSESSOR PARCEL NUMBER: 941-169-44 PARCEL SIZE: 12,000 ~ square feet GENERAL PLAN DESIGNATION: Medium Density Residential (6.1 to 14.0 units per acre) EXISTING ZONING AND LAND USE: Zoning: R-1-B-E, Single Family Residential Combining District Land Use: Single Family Residential COPIES TO: Applicant/Owner File PA 90-005 ITEM NO. ~.~ PAGEL OF d(~ SURROUNDING LAND USE AND ZONING: North: R-1-B-E, School site South: R-1-B-E, Single Family Residential East: R-1-B-E, 1-680 West: R-1-B-E, Single Family Residential APPLICABLE REGULATIONS: City Ordinance No. 5-84 establishes regulations relating to second units in the R-1 District. The Ordinance adopted in February, 1984 establishes minimum lot size, unit size, location, parking design, coverage, occupancy, and setback (see Attachment 1 for specific regulation). Section 8-26.3 requires approval of a Conditional Use Permit for the use of a second unit. Section 8-93.0 establishes the procedure for granting Variances and establishes the findings of fact which must be made affirmatively. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or performance standards established for the district in which it is located. ENVIRONMENTAL REVIEW: This project has been found to be Categorically Exempt from CEQA under Section 15303, Class 3(a) and Section 15305, Class 5 of the California Environmental Quality Act Guidelines. Guidelines consisting of the conversion of existing small structure (single family residence) which does not exceed the maximum permitted structures on the parcel and consists of minor alteration of land use limitations (Variance). NOTIFICATION: Public Notice of the March 19, 1990, hearing was published in the local newspaper, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit and Variance for a second dwelling unit in a single family residential neighborhood. The Applicant has constructed a 1,175~ square foot attached addition to the back of the existing home. This addition contains separate kitchen, sleeping and bathroom facilities, which makes this addition a second unit. Building permits were issued for the construction of this addition on November 17, 1988. Both the building permit and plan contain a note from the Building Inspector dated November 15, 1988, which indicate that the addition was not -2- PAGE eL. OF.?d- approved as a second unit and that the 'sink and freezer were not approved on that plan (Attachment 2). This permit expired on November 17, 1989 and was given a 60 day e~tension at that time in order to get the Conditional Use Permit approved for the second unit. The Applicant subsequently submitted a Conditional Use Permit Application to the Planning Department on January 16, 1990. During an attempt to renew the building permit, the Building Inspector included a note on the permit and plan dated February 1, 1990 which states that the kitchen must be removed prior to final inspection (Attachment 2). A comparison of the Applicant's proposal with the Ordinance's minimum criteria is as follows: Ordinance Standards Lot Size 6,000 sq ft minimum Limitation one second unit per anyone R-1 lot. Applicant's Proposal Status 12,000~ sq ft complies w/Ord. complies w/Ord. 35% of existing floor 1,175~ sq ft area, with 275 sq ft minimum and 1,000 sq ft maximum. 35% x 1,707~ - 598 sq ft Size Location Front Yard: Side Yard: Rear Yard: 20' min 6' min 20' min Parking 3 off-street parking spaces (2 for the principal dwelling unit & 1 for the 2nd unit. Design Designed to maintain appearance of a single family dwelling. New entrances not to be visible from the street. exceeds max. permitted in Ord. Modify floor plan to comply or Variance req'd. Located in rear portion of lot. 25' to east side- yard. 55' to west sideyard. 45' rear yard. complies w/Ord. Applicant proposes complies w/Ord. to locate one parking space (for the second unit) in the east side yard in addition to one inside garage and one in driveway. Second Unit situated complies w/Ord. in rear of and attached to existing unit. Second unit not visible from street. -3- PAGE.3 OF~ Coverage A 60% maximum for principal and s~cond unit. Occupancy Owner of property must be an occupant with a min. 6-month occupancy of prin- cipal residence prior to applying for second uni t approval. Setback A detached 2nd unit must be a min. of 10 feet from principal unit. '24% (2,882~ sq ft) complies w/Ord. The Applicant has owned and resided in the principal unit since 1985. complies w/Ord. Not applicable, 2nd unit is attached to existing structure. N/A A minimum age limit is not specifically required in the City's Second Unit Ordinance for occupancy of the unit. However, on previous second unit applications (such as PA 87-024 Schwartz), the Planning Commission required recordation of a Deed restriction requiring occupancy of one of the two units by "a person or persons 60 years of age or older or by a handicapped person or persons". The Applicant proposes to have his parents occupy the second unit. The ages of his parents are 65 and 64 years old which complies with this requirement. As the chart indicates, the Applicant's proposal is inconsistent with the criteria established in the Second Unit Ordinance in that the total floor area of the addition is 69% of the existing floor area rather than a maximum of 35%. The main reasons for the 35% maximum were 1) so that the second unit would clearly be subordinate to the principal dwelling unit, as indicated in the definition in the ordinance (see Attachment 1) and 2) to protect the single family character of the neighborhood. In order to use the addition as a second unit, a Variance to the size criteria is required. Prior to granting a Variance, three mandatory findings of fact must be made. These include: 1. That there are special circumstances relating to physical charactistics (such as lot size, shape and topography), which would deprive the property of privileges enjoyed by others in the identical zoning district. No special circumstances relating to physical characteristics apply to the property so that strict application of the City Ordinance does not deprive the property of rights enjoyed by other properties. The property is similar in location and topography to other properties in the vicinity. The property is a flat, residential lot located in an R-1-B-E zoning district, which allows the Applicant to apply for a Conditional Use Permit for a second unit within the limitations of the Ordinance. -4- PAGE li... OF c!).d- 2. That the granting of the application will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and,zone. Authorization of the Variance will constitute a grant of a special privilege inconsistent with the limitations on other properties in the vicinity in that all properties must comply with the City's Zoning Ordinance regulating the size of second units unless all three mandatory findings of fact are made affirmative. Granting a Variance for the Applicant's second unit, which is 50% larger in area than permitted, constitutes a grant of special privilege as all the findings cannot be made. 3. That the Variance will not be detrimental to persons or property in the neighborhood or to the public welfare. Authorizing the Variance will not be detrimental to the neighborhood. Although the size of the second unit deviates greatly from the Ordinance, it cannot be found that this deviation would affect neighboring persons or property. The Planning and Building Staff have determined that the addition could comply with the 2nd Unit Ordinance if the downstairs addition would be used as part of the existing structure and only the upstairs addition would be used as a second unit. The main dwelling unit would then have approximately 2,250 square foot (1,707 sq.ft. + 546 sq. ft.) and the second unit would have approximately 625 square feet. The applicant would need to remove the kitchen (sink and cook top) from the downstairs, rebuild the stairway, and may need to rearrange the upstairs floor plan. The approximately 625 square foot second unit would comply with the 35% size criteria of the ordinance. Staff has identified two other directions that the Planning Commission could pursue: 1) request the City Council to study increasing the 35% size criteria in the ordinance, or 2) produce facts to support the three mandatory findings. Staff recommends that the Planning Commission approve the Conditional Use Permit including a condition that only the upstairs addition may be used as a second unit. The Staff further recommends that the Variance be denied because Staff could not produce facts to support the three mandatory findings. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Resolutions relating to PA 90-005, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the draft resolution (Exhibit B) denying the Variance request and adopt the draft resolution (Exhibit C) approving the Conditional Use Permit for PA 90-005. -5- PAGE5 OF~ ATTACHMENTS: Exhibit A: Floor Plan and Elevations Exhibit B: Draft Resolution Denying Variance request Exhibit C: Draft Resolution Approving the Conditional Use Permit request Background Attachments: Attachment 1: City Ordinance No. 5-84 Attachment 2: Building Permi t Attachment 3 : Site Photographs Attachment 4: Draft Covenant for Occupancy and Tenant Restrictions Attachment 5: Site Plan Attachment 6: Applicant's Written Statement -6- PAGE b orc5<d- '1.1'. 4-' '. ~.. .. . . ...... .. . ., 5',4" r:.,' " ;;;1'(; ... .. ... c#04o .... ~ f.;JJ~1O !:IN'DA^ ""l~ ;~/i{ft) 4^M. J " ~ ~ nmmm ' 5:!:! !Io 1C..~j,A.TDJlt 8' ~ s J \ -f'L.:I /} ~-E. "- ~~~1L.::( -0-_ (utJ~-:e,r"It:<) ""'tF - -if~ ete"~r-e:J(' "L~~ M!('J::>WO. I eH"r-'. ~.C! 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R~Cc"V~l) JAil 1 6 1990 OUOI./N PLANNiNG .f~-6DS- PAGE~OF~ RESOLUTION NO. 89- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING PA 90-005 CANTORI VARIANCE REQUEST TO EXCEED THE MAXIMUM FLOOR AREA PERMITTED FOR A SECOND UNIT (SECTION 8-60.58,1) AT 7859 IRONWOOD DRIVE WHEREAS, Carlo Cantori filed a Conditional Use Permit and Variance application to allow the use of a second unit and for that second unit to exceed the maximum floor area permitted; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on March 19, 1990; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recommending that the application for a Variance be denied; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth, NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1, That no special circumstances relating to physical characteristics apply to the property so that strict application of the City Ordinance does not deprive the property of rights enjoyed by other properties, as the property is similar in location and topography to other properties in the vicinity. The property is a flat, residential lot located in an R-1-B-E zoning district, a situation which allows the Applicant to apply for a Conditional Use Permit for a second unit within the limitations of the Ordinance. 2. That authorization of the Variance will constitute the grant of a special privilege inconsistent with the limitations on other properties in the vicinity in that all properties must comply with the City's Zoning Ordinance regulating the size of second units unless all three mandatory findings of fact are made affirmative. Granting a Variance for the Applicant's second unit, which is 69% of the existing floor area rather than 35%, constitutes a grant of special privilege as all the findings cannot be made. - 1 - ~m~ p~jL~~ 3, That the Variance will not be detrimental to persons or property in the neighborhood or to the public welfare, Authorizing the Variance will not be detrimental to the neighborhood. Although the size of the second unit deviates greatly from the Ordinance, it cannot be found that this deviation would affect neighboring persons or property. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby deny PA 90-005 Cantori Variance request to exceed the maximum permitted floor area for second units. PASSED, APPROVED AND ADOPTED this 19th day of March, 1990, AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director I,. . . , '. '4 -2- PAGE 1Q.. OF ~ RESOLUTION NO. 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-005 CANTORI SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A SECOND UNIT AT 7859 IRONWOOD DRIVE WHEREAS, Carlo Cantori filed a Conditional Use Permit application to allow the use of a second dwelling unit, at 7859 Ironwood Drive; and WHEREAS, the City of Dublin Zoning Ordinance, permits the establishment of second units in R-1 Districts subject to approval of a Conditional Use Permit and compliance with minimum development criteria; and WHEREAS, the Planning Commission held a public hearing on said application on March 19, 1990; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit request will not have significant environmental impacts; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit request be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved. is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; and WHEREAS, the proposed land use will not adversely impact area traffic, utility capacity, access and mobility for handicapped or disabled persons, adjacent properties or the neighborhood in general; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: FINDINGS OF APPROVAL: a) Approval of the second unit serves to provide development of 'a small rental housing unit specifically designed to meet the special housing needs of the owners of the subject property. -1- EXHIBIT c PAGE..LL OF ~ b) Approval of the second unit will allow more efficient use of the City's existing housing ,stock and the subject residential property, , c) The proposed floor plan and elevations submitted by the Applicant for the second dwelling unit will provide for quality residential construction prac- tices and will protect property values and the single-family character of the neighborhood. d) The use, as conditioned by this Resolution, will be properly related to other land uses, transportation, and service facilities in the vicinity, and will not be in conflict with existing surrounding residential uses. e) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met, f) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with surrounding residential uses. g) The approval of the Conditional Use Permit will be consistent with the Dublin General Plan. BE IT FURTHER RESOLVED that the Planning Commission does hereby condi- tionally approve said application as shown by materials labeled Exhibit A on file with the Dublin Planning Department and subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to issuance of building permits and shall be sub1ect to Planning Department review and approval, 1. Construction of the second dwelling unit shall be generally consistent with the floor plan and elevations submitted with the application and dated received by the Planning Department January 16, 1990 with the exception that only the upstairs addition (approximately 625 square feet) may be used as a second unit. The kitchen (sink, cook top and plumbing and electrical within the walls) in the downstiars addition shall be removed within 30 days of the approval of this use permit. 2. A deed restriction shall be filed by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-22.6.2(8) of the Zoning Ordinance and shall be further limited to require occupancy of one of the two units (when both units are occupied) by a person or persons age 55 or older, or by a handicapped person or persons. The deed restriction shall be subject to review and approval by the City Attorney prior to recordation and shall be recorded prior to the issuance of a building permit for the second unit. 3. Failure to establish the use within two years of the effective date of the permit will cause the permit to become null and void. -2- PAGE!;).... OF~ 4, This approval shall become null and void, in the event the approved use ceases to operate for a ,continuous one-year period. , 5. This use shall be subject to Zoning Investigator review and determination as to compliance with the conditions of approval on an annual basis. 6. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance, Any violation of the terms or conditions of this permit shall be subject to citation. PASSED, APPROVED AND ADOPTED this 19th day of March, 1990. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -3- PAGE.L2.. OF~ ..' , ORDINANCE NO. 05 - 84 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO SECOND UNITS IN R-l DISTRICTS .----------------------------------------------------------------- The City Council of the City of Dublin does ordain as follows: Section 1. Definition: - Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of section 8-22.6,1 to read:" 8-22.6.1 Second Unit: A second unit shall mean a unit with separate kitchen. sleepinq, and bathroom facilities which is. a part of, or an extension to, a detached single family unit, and which is subordinate to the principal dwelling unit, Section 2. Location: Chapter 2 of Title 8 of the Alameda County Code previously adopted by the City of Dublin is the addition of subsection (f) to Section 8-26,3 Uses: R-l Districts to read: Ordinance amended by Conditional (f) Second unit as governed by Section 8-60,58,1, Section 3. Purpose and Property Development Standards: Chapter 2 of Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended by the addition of Section 8-60,58,1 to read: 8-60.58.1 Purpose of Second Units: The purpose of allowing second un1ts in R-l D1stricts is to provide the opportunity for the development of small rental housing units designed to meet the special housing needs of individuals and families, particularly those of low and moderate income. It is the further purpose of this Section to: 1) allow the more efficient use of the City's existing housing stock and underdeveloped residential properties; 2) to provide rental housing units for persons who are elderly or disabled; 3) to protect property values and the single family character of the neighborhood; and, 4) to provide adequate' public services and traffic flow, by insuring that second units are installed under such additional conditions as may be appropriate to further the purposes of this ordinance. Prior to making a decision on an application, consideration shall be qiven to traffic impact, utility capac1ty, access and mobility for handicapped or disabled persons, impact on adjacent neighbors, and impact on the neighborhood. In addition to those conditions deemed appropriate by the Planning Commission to protect the public health, safety and welfare, second units shall meet the following minimum cirteria: ATTACHMOO 1 .,. PAGE 11:.. o~,;k- . & r9 ( (.. Lot - The subject ,lot shall contain an existing, detached, single family dwelling unit and have a lot size of 6,000 square feet. minimum 2, Limitation - No more than one second unit shall be perm~tted on anyone lot, Size - The total floor ~r~~ of the second unit shall be ~less than 275 square feet, nor more than 1.000 I}OO square feet, However, in no case shall the second family residential unit exceed 35' of the total floor area of the existinq residential structure, Location - The second unit shall conform to the development standards for the zoning district in which it is located, including but not limited to, standards for front, rear, and side yard setbacks, and height, but excluding density standards. Parking - The second unit shall be provided with ~ add~t1onal off-street oarkina soace, The parking space may be uncovered and may be in tandem with the required parking of the principal dwelling unit, if lot configuration or aesthetic considerations preclude placement elsewhere on the parcel, The Principal dwelling unit must conform to the parking requirements of sections 8-63.4 and 8-63.17, f) & (fi Design - Th~ second unit shall be designed in such a way that the ggpP;ll....rRC9 ,.,F ~hQ npw 1--111;' n; n~ remains that of . a sinqle f~mily nw~llinq. Accordingly, any new entrance to the second unit shall not be visible from the street, Coverage - The principal and second~unit shall not cover more than to' of the lot, 8. Occupancy - aJ Applications shall be limited to owner occupants who have resided in the principal dwelling for a minimum period of six months. @ bJ No more than one dwelling unit on .the parcel shall be rented or leased. cJ The owner of the lot may occupy either the principal or second unit. dJ Nothing in this section prohibits one or both dwelling units to remain vacant. ' eJ The City shall require recordation of a deed restriction setting forth the occupancy requirement, fJ No subdivision shall be allowed unless the division meets the applicable regulations of the Zoning Ordinance, f) Setback - If the second unit is detached, it shall be a minimum of ten feet from the principal unit. Section 4, Severability: If any section, subsection. subdivision, paragraph, sentence, clause, or phrase of this Ordinance. or any part thereof, is for any reason held to be unconstitutional. the validity of th~ remaining portions of this Ordinance shall not be affected thereby. --------- PAr-r: 15 nr:.a~ Section 5, Effective Date: This Ordinance shall become effective 30 days after its final passage and adoption by the City Council. Section 6, posting of Ordinance: The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin, in accordance with Section 36933 of the Government Code of the State of California, PASSED AND of Dublin, on this the following votes: ADOPTED BY the City Council of the City 27 th day of February ,1984, by NOES: councilmembers Drena, Hegarty, Jeffery, Moffatt and Mayor Snyder None ./ . d:~ :U ~ /~~ Y6 #...A...../ ..---./ Ma r ,.. AYES: ABSENT: None ATTEST: ~~Sie~~ PA.GE Ib Of~ r-( I ,., ~ LW :Ie == c:..:;, S c '="- 0" ~ ~P[:JCATION '---.. FOR S!!llDING AND/OR ELECTRICAL. PLUMBING, MECHANICAL PERMIT -. c,rv 01 Cunlln - BUIll]"",} Iflsp..ChOn OWl 1500 DUBLIN BLYD., DUBLIN, CA 14. IS YOUR PERMIT. Expues t1 Year; 02 Years; 0 _______ Inspection Request 829-0822 VAL HERE INSPECTOR'S-ORIGINAL BUllDtNG ADDRESS: '~ 8m'lEEN CAOSS STS fJ.QiYQftt./ifr._...- ,"0. td"b1\.L~ l>4L~-': _.~__ . /: ,IA.'....... i WORK .4 .~- . II. APPLICANT, ~WNeR ~-: CONTRACTOFl DRillER lie No"'?-"Ifr1.:;"'7l14"- PHONE _ -;)---1:.' _ w. OWN,AS NAM' t!A/ZJ(7--1-~$ttVWIZL , ~~~~,. :7::].- 7-fi.4- AOOAESS .7=I3<;:"1--1S?PN:t.k'Ol>- OIZ._c'TYI2C/~~j..{~L_ _.___"pC!4-,)';"s IV. CONTRACTOR'SHAME: -~:J./l..otJ:-r--/~- pI-lONe_~_~_. /Ir ADDRESS _~~_~~_-~ CITY ~__.________':rp__ __ Y. AACN'TECT' .," .. Rf)l7ef!4'-ti_G/f?effNL.EiE~..-_PHoNE'I4;;J.=:~ STm UC . 'OOAESS Ifz?Lt:;i56.I--VOI..L/)~IVt---C,TY -li./tftNlJr ~"p___ _ sf(; 8:)0791 VI LEGAL DESCRIPTION (Fill In _ of lhe 'ollowlng,. PART 2: ELECTRICAL, PLUMBING, MECHANICAL A TAACT -'C:; (/ /_8l0C' -.-/'0 - -o~:'OT 00--/1'(1-- a 8001( --.;.t' TJ__8LOCI(__/'-'-~__ eEL -~-7--7---- C PA.RCEl M....P _ ._________.PA.RCEL_________________ VII. DESCRIPTION OF WORK TO BE DONE "ew___ldOlIIOfl ~_AlleultOn _~_~eo."__Mo~!o ___Oem(l~$n____"enew~I___ B MOTORS. GENERATORS. HEATERS. FURNACES. ~ DESCRIBE NEW BUILDING GtOSS Area I t:~. WElOERS. TRANSFO~MERS. RECTIFIERS. AIR COND'RS No SIOrtes~ e.ter'o. Wa~ Co...8<'''9 DeSCRIBE PRESENT BUilDING G.oss ""'ea -L& C~ No SIOt~ J _Ei,..,or WaN Co"",,"9 ~ao.. C DESCRIBE ACOITlON G'O$sJ...a_I-L--'i'O__SQ Fl No 510"01$ o IS BUILDING ADDITION Healed VltS_ No~__ COOled Yu~_ "10 __ J\ 40 i SO, '51 :'01 i ~1 '00 I VI"'. DESCRIBE Al TEflATlON OR REPAIR WORK OR ADDITION f3;~~~p~-,~ ~ ~. ' IX. PAO~SEDUSEOFBUllDlNG~~ . x.. PRESENT USE Of' 8UILDlNG~1 ft. FOR MOTOR GENERATOR SETS ADD 50% TO TOTAL INO ~ FEE, ITEM a G___ XI. VALUAnON 11nc:1Ul:te C~II of all ubor .f'tO ...tan'l) ')< L1CeNseo CONTRACTORS OECLAR....TION I he<eoy all',mlnOlII am bCen~ uOO" prOVlsoonS 01 Cnaolel 9 lCOmmllr>Clng ...,In S'C1101' :OClOl 01 a'vls,on 13 ollhe BusanllSS and P'04essoons Codll. ancl my ItC.nSIIOS'" lull IOICII ana ellecT , ~:~:'::'- 'OA~..... ....0..00..0.3 "'~.O_.'-J :"'CllnseClass LIC NumDel '2_."'9-C~ A...-.g_.....n Calli COlllraclOl OWNER. BUILDER DeCLARATION . nll'eDv affl'm Ihall am eIemp! (,om 1M ConlfaClO' S LocenSIILawtOllhe lOIIo....n9 'lIason ,See ~OJl 5 BuS>l'leSS and P,olesSlOfls COde Any clly or county ...nlCh 'eQU",s 01 lW"m.IIO conSI'uCT. allef, ,mprOve CltImOIosn.or '.pa......, 5lrUCIUfe. plOOIlo<lslssuance, al!lO '"u...s In. applo<:'''' ~OI SUC"pe,m'l 10 r,le a sogne.:l $!alement:Ih4I1 he OS loCe<lseo pUlsuam 10 lne plO\I's.on. OIlhe Contr.ilClor S LlCenM La....ICnapl.. 9 lcommenclng Mln Sea.on 7lXlOl of Onr.soon3 of lhe Bu_s and P'ol.SSIOhS COd.1 or Ihal". '5 .'.10101 Inere'ronl alld lhe tlaSlS lOr lhe alIegeo '.""p'IOh_ Any vOOlaloon of SecToOn 7031 5 Oy any oIllOIlCanl!or . permo! suoteds m. OI~ to a 0.... penally of nOl more lnan to.... Ply"","" dOIla,s lS50011 .rirn. ~.I~~~So:.:_:=,r:::r=:e::I::~"9;~I~~~~~~;o=~~:::'s.:~ac::...~~: ConlraClOf s LIC...... La.... lJOeS not: OIPO'V to.ill'l own.. 01 0I0f)e1ty "'1>0 Du,l<Is 01 ......OIO\1.S Inereon. .nr: ....no '\./ lJOeS sUCfl won: rwnMII OIlrvougn nos own .."pIOyHS. pr~ InOlI sucn 'mprO\l.menIS.... not ,nl~ed 0< V'\ 0""80 lOr sale II. howher. lhe tIuoIdlng 01 ,mprove....... .S JOId ....'1"... one 'f.at 01 ConTOIerl!)l'._ Ine O*f'\eI.lluoIder -..II na... lne llufGen 01 provmg lnal n. <JoG hOt tJu,1d 01 ......0'0--. lor I'" pUrpose 01 salll I ~ l. as owner 01 the properl'y. .m IIICluSNely conl'ItCI'ng WIIn Io<:en".., conl'actors 10 conslfuctln. prOfll'Cl.S<<: 7()4011. aus.n.ss .iIIICl PtolllS$lOtIS CooII The Contractor 5 !..ICllnSIl La.... does not aoPlY 10 an o->et' 01 prOplllty whO oolldS or ImplOYIIS lnII1eon. alld .no comracts tor SUCf\ plOIee!S ...." a conlraClor'SI IoCllhsad pulsual'A 10 In. Cont'actor s locense Law. .3........ WATER SEWER FIRE p" Datil :). POIIC'f No Comoany ,....., C.rldi.. CoPl' os '-eby r..flIS/'111od EIporaloon Oalll :--< Cer!lhe<:l COpy,S I,'eo .,mcoIY D"'ld'ng ,nsoeehDnceDaflmanl 01111 Ape)loCaf'lf CERTIFICATE OF eXEMPTION FROM WORKERS. COMPENSATION INSURANCE (T1'os MCbOn nMd fIOI be compIe(ed" the pemwllS lOr one 1'luNtr.. dOllars (Sl001 Of "s I c3ftlly Itlai .,the perlon~ollne won: lOr WhICh ""I per"'" 1111Il>IId. I shlllt nofemploy ...., 101......... so at 10 become suoted 10 lne WOl1l..S CompensabOn La_ 01 c...lornoa Ou. -~ UOTICE TO APPlICANT It. all.. mailing ""s c.rt.l'Icale at ElempbOn. you should ~ 5 WOI1Iers CompensabOnQl'O\NSlOhs of INlaOor Code, you IllUS11Q1l:twolIh comply 'MIfl SUCfl pIO\n$lOflS or II'IIS permo! s"-II tie oeemed ftrYOlled CONSTRUCnON LENDING AGENCY I '*1tCly .1M"" tnel lhere os a constlUC11On Iendtng agency 101 the perIOrmance 01 the won: lor ....nlCn In.. permlIlS ISIUIId IS<<:. 3097. CrY, C.) , lel'OOelsNalftll LeI'OOeI-sAddress ITEM FOUNDATION;" PIERS UNDERGROUND ElECTRtCAl UNDERGROUND PlUMBING UNOERFlOOA PlUMBING UNOeAFlOOR HEATING UNDERFlOOR FRAMING UNOERFlOOA INSULATION FIREPLACE INSPECTOR DATE /Ai ~, / :9-/ 01=, __J:V'=' AIT" ii1,.,. tl ""'~rNT '~ ~ . .'. s: ~~, _, ' . . . . :.,.~;' ~!'.~.' :.~ '!''1. i. . :1:" ..' . ... - ::< "'3 .of..", it. ~. . f~" ~ 1:1': ~ ". ',' . . {l ~~1..1ll:~tj.:!t.. . 3 : C/ :> -) PAGE~OF~ Recording Requested by: Carlo Cantori 7859 Ironwood Drive Dublin, CA 94568 COVENANT Covenant between Carlo Cantori, herinafter referred to as "Covenantor" and the CITY OF DUBLIN, hereinafter referred to as "Covenantee". WHEREAS, Covenantor desires to use an addition as a second unit on the hereinafter described property; and WHEREAS, Covenantee approved Conditional Use Permit request (Planning Ap1ication PA 90-005) allowing the use of an addition to an existing structure as a second unit, subject to certain conditions, on March 19, 1990; THEREFORE, Covenantor agrees as follows: 1. The real property is located in the City of Dublin, County of Alameda, State of California described as follows: Lot 57, Block 1, as said Lot and Block are shown on the Map of "Tract 2164, P1easanton Township", filed October 3, 1960, Map Book 42, Pages 69, 70, and 71, Alameda County Records. EXCEPTING THEREFROM 1/2 of all oil, gas and other hydrocarbon substances in and under or that may be produced from a depth below 500 feet of the surface of said land without right of entry upon the surface of said land for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use of or rights in or to any portion of the surface of said land to a depth of 500 feet below the surface thereof. Subject to reservation of water rights referred to in document recorded October 3, 1960, Series No. AR/116429, Alameda County Records. APN 941-169-44 More commonly referred to as: 7859 Ironwood Drive, Dublin, CA 94568. 2. The occupancy requirements of the two residences shall be as outlined by Section 8-60.58.1(8) of the City of Dublin Zoning Ordinance, as in effect at the date of this Covenant. ATTaDrf PAGE J.:L 01= ~ d-- 3. The occupancy shall be further limited to require occupancy of one of the two units (when both are occupied) by a person or persons age 60 or older, or by a handicapped person or persons. A handicapped person shall be a person who meets the California Vehicle Code definition of a disabled person (Section 22511.5). Excuted this day of , 1990, before me, the undersigned Notary Public, personally appeared , personally known to me to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged that executed it. NOTARY PUBLIC ., .. PAGE:80 OF rZ2-- RECEIVED JAM' 6 1S90 DUBLIN PLANNING Pf\-C{D-OOS . , ~~t. , tf,.)'iP ^ ~ ~ %, (I!!- ei1-fJ,~ .-:1 ~b ~1_-J ' _'" D- ... ~ o -- ., if 1:;1. 1'~ !:'~1Y't- .~ '#J ~-.....u,. " ~ ~ID;. . y. i1''''\ ~ ".. (') ,,~ ~~~-,- ~\~gJ,.&, . .. ~1' 1:1~$r<<-. , ~ ) -:<'Id'J' ~;;: ATTACHMENT "y ~. I> .....lA_ 10': , ~, .. ,'10" /' .. , 00'0 . ~ "" \\",P --~. PAG&??' OF ~ '" This project "^ , originally a two -story master L ..room suite with studio and recreation room. Designed to ~reate an artist studio/drawing room with master bedroom and bath. Later, due to parents retirement and early closing of private school in Pleasanton, this project became needed as Hving quarters for them. We have five spaces for parking vehicles and two loading zones, Benefits to the community of Dublin: -Increased assessment for property tax purposes -Raise value of adjacent properties -Indirectly raises the quality of homes in the area which in turn attracts more building and property improvements:" .. ATTACHMENT 6 RZ(EIVED JAH 1 6 1990 bU8\.1N PLA..'INING PA- 9o-oo~ nln....., "'I ~_ f) ~