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HomeMy WebLinkAbout87-024 Schwartz Second Unit CUP CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: April 6, 1987 TO: Planning Commission Staff MO\~ J:f FROM: Planning SUBJECT: PA 87-024 Schwartz - Second Unit Conditional Use Permit request. GENERAL INFORMATION: PROJECT: Conditional Use Permit request for a second unit consisting of a 98 square foot addition to the existing family room at 8332 Cavalier Lane. APPLICANT/OWNER: Chris Schwartz 8332 Cavalier Lane Dublin, CA 94568 LOCATION: 8332 Cavalier Lane ASSESSOR PARCEL NUMBER: 941-166-12 PARCEL SIZE: 6,658~ square feet GENERAL PLAN DESIGNATION: Single Family Residential (0.9 to 6.0 DU/AC) EXISTING ZONING AND LAND USE: R-I-B-E Single Family Residential Combining District Residential SURROUNDING LAND USE AND ZONING: The property is surrounded by existing single family residential units. APPLICABLE REGULATIONS: City Ordinance No. 5-84 establishes regulations relating to second units in the R-l 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 8-94.0 states that conditional uses must be analyzed to deter- mine: 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. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1 (e) NOTIFICATION: The Herald, buildings. Public Notice of the April 6, 1987, hearing was published in mailed to adjacent property owners, and posted in public ITEM NO. ~ I I COPIES TO: Owner File PA 87-024 ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit for a second unit in a single family residential neighborhood. The Applicant is proposing to construct a 98 square foot addition (bathroom and kitchen) to the existing family room, and to convert the room to a second unit. The total floor area of the second unit is 498 square feet. A comparison of the Applicant's proposal with the Ordinance's minimum criteria is as follows: Ordinance Standards 1. Lot Size: 6,000 sq. ft. min. 2. Limitation: One second unit per anyone R-l lot. 3. Size: 275 sq. ft. min./5l2~ sq. ft. max. (based on a 35% maximum increase to the total total floor area of the existing residential structure - 1,464~ sq. ft). 4. Location: Conforms to R-l yards requirements: Front Yard: 20' min. Side Yard: 6' min. Rear Yard: 20' min. 5. Parking: Three off-street park- ing spaces (two parking spaces for the principal dwelling unit and one for the second unit which may be in tandem with required parking spaces for principal unit). 6. Design: Designed to maintain appearance of a single- single-family dwelling (new entrances not to be visible from street). 7. Coverage: A 60% maximum for prin- cipal and second unit. 8. Occupancy: Owner of property must be an occupant with a minimum 6-month occu- pancy of principal residence prior to applying for second unit approval. 9. Setback: A detached second unit must be a m~n~mum of 10 feet from principal unit. Applicant's Proposal 6,658~ sq. ft. Conforms. 498~ sq. ft. (98 sq. ft. addition to existing unit) . Conforms - addition is located in rear portion of lot. 17.5' to south sideyard proposed. 21'+ to north sidyard existing. 27'9" existing rearyard. Applicant proposes to locate one parking space (for the second unit) in tandem with the two provided for the princi- pal dwelling unit. Conforms to requirment. Second unit will not be visible from street. 23% (1,562~ sq. ft.) The Applicant has owned and resided in the principal unit since September 21, 1986 (6 plus months). Not applicable to this proposal. As the chart indicates, the Applicant's proposal is consistent with the minimum criteria established in the Second Unit Ordinance. The previous two second unit applications received Planning Commission approval for Variances to allow parking within the front yard setback. -2- Although the Applicant is proposing one tandem parking space within the front yard setback (within the driveway area), a Variance application was not required for this project in that a strict reading of the Second Unit Ordinance, and the Recreational Vehicle Ordinance, allows parking within the front yard setback. Section 8-60.58.1.5 "Parking" of the City's Second Unit Ordinance specifically states that "The parking space for the second unit 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 lot size, and existing development on the property precludes placement of the additional parking space in any location except the front yard setback. The existing sideyard setbacks are 6 feet 4 inches precluding parking or vehicular access to the rear or sideyard. The Second Unit Ordinance further states that "The principal dwelling unit must conform to the parking requirements of Sections 8-63.4 and 8-63.17." Section 8-63.4 establishes minimum parking space dimensions and prohibits required parking within the front or street sideyard setback areas. Section 8-63.17 establishes a minimum of two parking spaces per unit. It is apparent from reading the Second Unit Ordinance that conformance to the City's Parking Ordinance as it relates to location, size and number of parking spaces only applies to the principal unit, not the second unit. Additionally, City Ordinance No. 3-86 (Recreational Vehicle Ordinance) permits parking and storage of vehicles in the front yard setback, thereby eliminating the need for a Variance on this application. A minimum age limit is not specifically required in the City's Second Unit Ordinance for occupancy of the unit. However, on the previous two second unit applications (PA 85-087 Gomez, and PA 86-102 Castle), the Planning Commission has required recordation of a deed restriction requiring occupancy of one of the two units by "a person or persons 60 or older or by a handi- capped person or persons." The Applicant's request presents a different situation from the previous second unit applications in that the property at 8332 Cavalier Lane is owned by three people, all of whom intend to reside on the property (two in the principal unit and one in the second unit). The intended occupant of the second unit is only 56 years old. The City Attorney's Office has advised Staff that should the Commission wish to restrict occupancy of either of the units, the Commission may lower the age limit to 55 years old or place the age limit restriction on tenants of one of the units rather than owner occupants of the unit. The Applicant's proposal has been reviewed by the applicable public agencies, and Conditions of Approval are included in the draft Resolution. RECOMMENDATION: FORMAT: 1) 2) 3) 4) 5) Open public hearing. Hear Staff presentation. Hear Applicant and public presentations. Close public hearing. Adopt a Resolution approving the Conditional Use Permit. ACTION: Staff recommends the Planning Commission adopt the attached Resolution approving Conditional Use Permit PA 87-024 Schwartz Second Unit. ATTACHMENTS: Exhibit A - Application, Floor Plan and Elevations Exhibit B - Draft Resolution approving Conditional Use Permit Background Attachments: 1. City Council Ordinance No. 5-84 (Second Unit Ordinance) 2. Site Photographs 3. Draft Covenant for Occupancy and Tenant Restrictions 4. Grant Deed Dated Recorded September 19, 1986 5. Location/Zoning Map -3- " .------ ( CITY OF DUBLIN (- r I "i ?-e<<. 'f .~ P.O. Box 2340 Dublin. CA 94568 Plarming Department 6500 Dublin Blvd. Suite D Dublin CA 94568 PLANNING APPLICATION FORM Notes to Applicant: * Please discuss your propcsal with Staff prior to completing L~e Planning Application form. * All items related to your specific type of applicaticn ~st be ccmoleted. * Since this is a ccmprehensive application form, serre cf t."e ite.'!lS nught not apply to your specific application. * Please print.or type legibly. * Attach additional sheets if necessary. :$ So - CO d/=. / Y ~ ~ RECEIVED FEa 1:) 1987 DUBUN PLANNING (415) 829.4600 (4l5) 829-4916 Eff.: 1/84 I. AUTHORIZATION OF PROPERTY OWNER A. PROPERTY Ow"NER: In signing t:.'1is application, I, as prc::erty cvme.!', have full leaal capacity to, and hereby do,authorize the filing of this application. I underst~d . that conditions of approval are binCing.. I agree to ce tcund by those conditions, subject only to the r' ght to obj ect at the hearings cr a..:rir.g t.'1e appeal pericd. Name: cl--. r!'\ , Wt'{ "-" Capacity: Prc~erty Cwner Address: VTL Cr.v~ \:t:(" 4\-.L Daytir..e P::c::e: (Ylr:') ~J1-7P..) -Du~ji.", _ . , () €;7(..;13) Signature: (~/::;,~\;.. ),...t. .,..:t. Date: 2/, () I "0 L J I ' B. APPLICAL'lT OTHER TP.AN PROPERTY Ow1'JER: In signing L'llS a::plica~icn, I, as applicant, represent to have obtained authorizaticn of the prc~e=ty C~T.e~ to file this application. I agree to te bound by conCitions of a~?=~val, s~ject only to the right to object at the hearings on the a:;:plication. If this a::plication has not been signed by the property owne.!', I have attached separate docU!i".e!':ta':icn of full legal capacity to file this application and agree.~nt to conCitions of a?proval, subject only to the right to object at the hearings or Curing t:.'1e appeal ::e~icd. Name: Capacity: Address Daytirr.e P::c::e: Signature: Date: II. CERTIFICATION I certify that I have the authorization of the property C'NT.e:::- to file this application. I further certify that the information and exhibits st:J:mit':ed a.!'e t:rue and correct. Capacity: Daytirr.e Phcne: Name: Address: Signature: Date: (OVER) - ....1e:.\.Ml!.. ~ ~F('.~ >". '.7 ~ .~ ~ iI....,. ." '~-_,;. c ~k.~:- ~t ~_._"B_._.- .-- ;....~. ~\ n. G.ENERAL DATA REQUIRED A. Address or Location of Property:. ~3~ 1... Cd.\/"'\"if L"....e., r B. C. E. Assessor Parcel Number (s): , CJ L/ I - IC: r; -(a-- , D P tZ' . 'I' \ I S~te area: . .' resen orung: reS I',' ",...;, , Existing Use of Property: (".,)"" J.;. --', ! F. Zoning and Existing Use Of surrounding Property: f.ll iQ. 5" ;t<.---f;...l Zone ExistL~g Uses - North: - South: - East: G. :"'- r-. <J<~'''''/., ra (\. j (Continue on separate sheet if necessary) IV. TYPE OF APPLICATION Check type of plarming pennit(s) being re91ested: [] Administrative Conditional Use pe.!'mit o Boundary Adjustment ri Conditional Use Pe-"TIlit o General Plan ~lnendrr.ent o Planned Development o Other: [] Rezoning o Sign . o Site Develq;:lT.ent Revie'.ol o SuJ:::division Map o Variar-.ce v. SUBMIT~AL REQUIREMENTS A. Plarmed Development: (See Plarmed DeveloplT,ent Rezoni::g Sci:mittal Recuire.<nents) B. SuJ:::division ~..ap: (See SuJ:::division ~..ap SuJ::mittal Re~..li.!'e;ents) - C. ~ny Other Plarming pennit: (See C-ene.!'c.l SuJ::mittal Re~..li=e!rents) VI. PROCESSING (See.. P larming .ll.pplication Ccve.!' Letter) ~I. REFERENCE PHONE NUMBERS Most questions related to the Plarming ~.pplication should ce directed to the Dublin Planning Department, however, some concerns might be addressed directly by another appropriate department or agency: 1. City of Dublin: Building Inspection: (415) Engineering: (415) Planning: (415) police: (415) 829-0822 829-4916 829-4916 829-0566 2. Dublin San Rarron Services Fire: (4l5) Water, Sewer, Garbage: (415) District: 829-2333 828-0515 3. Zone 7 - Alameda County Flood Control: (415) 443-9300 \ .' .' ;. " t ,. .. . i ( (, p . I opu~"d NJd:~' .." i . I r:-::-<' --> ~-, =..c,-,- "s...,. ~; ,'~ J7'"'' . -, ~ T I r,.-- I... ,--. of " '1 ~----_.,--~ ~ ':s-/ . '::" L 1J\. ..... "rP."V.......""".', G,c,s\> 'i.<t"" (..,"0" v~J... --;2H'--. · _'"1 ~. _b_" .... r I 1 ~,---'" .~ -I'~- --. , c=J I . ~"-1 ~. ="'~'I='~ I I, i I I I 3' \~J-\)h~ - -- -'It - ~ [) ~,-}. ',\) ! , j'~, Ii I -,;'IJJ iL'L-~ ..... .... ", .~~~~ . '>:', , ~ ;1, . :-, ~:~, ~'.. : ' ... .. .:}:J./ . ,,".,"." cr- . I . --1'-- ',00 , :",,'I-r.',JI 9j [:11 --=rf',!'\-J' T ~ ". -~I I' d Ii 21'~" .." c...,b ~ o o . > -(,y- .." ~ _'," .. (t! & I.~ 'I ~i:7)~F'~,N:)'~. ." ,'f1;'!~lt~'~ii~jrc ~l. v E 0 ,,~"_' w..... h'.', "/.' . ..', .fea 1 9 "4987 ?:,~Z:'~,~f~:;1Jftt., "~!':~~:WjJ.. ,.:.; ,.-.\......'''..,._..",? J~~ PlANNING .:N~.~~,'I\i ";f~;';j ;,;,' Sc-~I.: t".I~, ~:--_:.=-..;." Ie.' /I' [~ U U or" C1 . .1 5..',ck: Lj- J 1 . 1 S'to,.", , l' --I r"'" "J";>' , 2d2' 1'1'3' , . S4' )1 l=oc-~., 5c\.rH, ,,'.H~'.A 5<01",: t":, I~. '" . '- U-1I ~.: 'r '-~ Ii UT ~ I > 5"0..c( ro r----;,>()I )~ ~c:"H. 2'1''1'' FI\<..e.30 j.J",\-~,('(I.....l- '5<..("".. tll:: If.\. ',' .~,~ ~'l!P~illi ':":~::- 'U'~' ~-.-:~.,..\....: .""..... ':1/, :',:'~l0};;)' ~,:i:i Bt.' \tl':~jf.tf.i:;~~ i 0 Jt'~ ;:~::l >:;;}~ '~) '::t,' ~):~~.~~~7 kA:".I,!,.'=>..'t>.;,:" f( :.~'MtaM'NG ~i~:IJ~~~;:(J~?~fl ~ :"'fm:':~' <~1j.,,_. ;. . .~i~:';t . . :'I.i!';' . .' ','.i.~:' '. .." "';'''~~;''A" ~ ".~" - . i, .:',~~y.i' ", '> ., ,. RESOLUTION NO. 87- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 87-024 SCHWARTZ SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A 98 SQUARE FOOT ADDITION AND CONVERSION OF THE EXISTING FAMILY ROOM TO A SECOND UNIT AT 8332 CAVALIER LANE WHEREAS, Chris Schwartz filed a Conditional Use Permit application to allow the construction of a 98~ square foot addition to an existing family room, and conversion of the room and addition to a second dwelling unit, at 8332 Cavalier Lane; and WHEREAS, the City of Dublin Zoning Ordinance, permits the establishment of second units in R-l 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 April 6, 1987; 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. 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. -1- r.""j ~},:,. ;{ ,l, 13 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 subiect 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 February 19, 1987. 2. The architectural design and proposed exterior materials and finish shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed addition. Final plans must be submitted a minimum of 30 days prior to the issuance of a building permit. The proposed structure shall utilize exterior materials to match or complement the exterior materials of the existing structure. 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. The approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. 4. 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. 5. The Applicant shall comply with DSRSD Fire Department requirements to: a) Provide a smoke detector in the new addition. b) Post the address for the addition in a visible location. 6. The Applicant shall comply with all applicable Building Code requirements. PASSED, APPROVED AND ADOPTED this 6th day of April, 1987. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director -2- ( ORDINANCE NO. U5 - 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, sleeping, 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 Ordinance Code previously adopted by the City of Dublin is amended by the addition of subsection (f) to Section 8-26.3 Conditional Uses: R-l Districts to read: (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 units in R-l Districts 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 renta~/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 given to traffic impact, utility capacity, access and mobility for handicapped or disabled persons, impact on adjacent neighbors, and impact on the neighborhood. In addition to those condjtions deemed appropriate by the Planning Commission~~ protect the public health, safety and welfare, seco~d units shall meet the following minimum cirteria: A IT" ,,~,. ~ , ~ 1 ~ ~ i '" . '. ~ ' t., jj . if.l~':~'~ :i'.,tl'.':l$ 1 ( 1. Lot - The subject lot shall contain an existing, detached, single family dwelling unit and have a minimum lot size of 6,000 square feet. 2. Limitation - No more than one second unit shall be permitted on anyone lot. 3. Size - The total floor area of the second unit shall be not less than 275 square feet, nor more than 1,000 square feet. However, in no case shall the second family residential unit exceed 35% of the total floor area of the existing residential structure. 4. 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. 5. Parking - The second unit shall be provided with one additional off-street parking space. 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. 6. Design - The second unit shall be designed in such a way that the appearance of the new building remains that of a single family dwelling. Accordingly, any new entrance to the second unit shall not be visible from the street. 7. Coverage - The principal and second unit shall not cover more than 60% of the lot. 8. Occupancy - a) Applications shall be limited to owner occupants who have resided in the principal dwelling for a minimum period of six months. b} No more than one dwelling unit on the parcel shall be rented or leased. c} The owner of the lot may occupy either the principal or second unit. d} Nothing in this section prohibits one or both dwelling units to remain vacant. . e} The City shall require recordation of a deed restriction setting forth the occupancy requirement. ) f) No subdivision shall be allowed unless the division meets the applicable regulations of the Zoning Ordinance. 9. 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 the remaining portions of this Ordinance shall not be affected thereby. / 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 AYES: ABSENT: None / - %k>>Y6~ ,~ ./ Ma r ATTEST: ~Uc. ~k City Cle ----- ~D'-.1\'r\ EL6VAl10N (fv..\v.-e... P-ctd.l\-\OY\ ) L.oc...~"'nO N ~O\5jP\IWf:'S-r a ev1t1l0~ A. IT flA ~~;r\..~p-.t~ ~1;~;~ L " _ t r A ~?_,'J. r,1..~Jj .~.~ ~b~~'.1 ; &t<.~'f~~;'N~i ~"" . ._I<ii lreillfn~~'l:!ifj 'el " ...:tli:"':~",~~~~;~ ,,' - ~ '-<1_;~::-;'--~';:t;~~,..,~.;~:~ A'"' "';' ".;;;.~~" 'i'''''- WE.~\ E.LEVA-Tl 0 AI NO'R:\~ [; LE V~Tl()AJ AT? ~ ftlll!raPJf'~5'"-""11 d- . l ~ I t:~ I SI t~~i ~.~~~;JE f~': ~ g , I D fi~i ~~'iiLBl i ~._.....------~----~--'---------"-'''''''''''-''''~'''''''''''''''~'''-'''~---'''''~ ~-,-""'''''''''''''--~-''''''''''''''---~-''''''~'-~~'"'-'~ Recording Requested by: Chris & Darlene Schwartz 8332 Cavalier Lane Dublin, CA 94568 COVENANT Covenant between CHRIS and DARLENE SCHWARTZ and DAWN SCHWARTZ, hereinafter referred to as "Covenantor" and the CITY OF DUBLIN, hereinafter referred to as "Covenantee." WHEREAS, Covenantor desires to build a second unit on the hereinafter described property; and WHEREAS, Covenantee approved Conditional Use Permit request (Planning Application PA 87-024) allowing the construction of an addition and conversion of the existing family room to a second unit, subject to certain conditions, on April 6, 1987; 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 11 in Block 7, as said lot and block are shown on the Map of "Tract 2249, Pleasanton Township, Alameda County, California", filed November 14, 1960, in Book 42 of Maps 82, 83, 84, 85 and 86, in the office of the County Recorder of Alameda County. Excepting therefrom one-half of all oil, gas and other hydro- carbon 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. APN 941-166-12 More commonly referred to as: 8332 Cavalier Lane Dublin, CA 94568 2. The occupancy requirements of the two residences shall be as out- lined by Section 8-60.58.1(8) of the City of Dublin Zoning Ordinance, as in effect at the date of this Covenant. " ,. . ';~ f) .~ -1- Covenant Schwartz Page 2 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 55 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). Executed this Dublin, California. day of , 1987, in Chris Schwartz Darlene Schwartz Dawn Schwartz State of California ) County of Alameda ) On this the day of , 1986, before me, the undersigned Notary Public, personally , personally known to me to be the subscribed to the appeared person(s) whose name(s) within instrument, and acknowledged executed it. that NOTARY PUBLIC -2- .- ., 4 SEE SHEET 2/\ -" <.n "" "" ~ ;=; "" --i ,. <.n R !:9 ;=; ~ c:: '" c:: ~) 104.0..Goew..... C_.... c...u...t. .U18 THE PART OF THE ZONING MAP THE CITY OF DUBLIN .. CITY OF ~ DUBLIN PRINTI:D O".UN OCT 2 1986 CAlIFO.NIA ........- GrJ SANTlNA. ,.E . THOMPSON INC. \5 - :"'..:"~~"".i..;:;;'-'