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HomeMy WebLinkAboutPC Reso 02-26 PA02-025 2nd Dwell Unit CUP 8176 Via Zapata RESOLUTION NO. 02 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 02-025 SECOND DWELLING UNIT CONDITIONAL USE PERMIT LOCATED AT 8176 VIA ZAPATA, APN 941-2752-034-00 WHEREAS, the applicant John Markey has requested a Conditional Use Permit to establish a Second Dwelling Unit located on APN 941-2752-034-00; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on July 9, 2002; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, the project has been fotmd to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15303(a), Class 3; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does find that consistent with the standards and intent of the Second Dwelling Unit Regulations, the Purposes of the R-1 District, and the requirements of Conditional Use Permits, the proposed Second Dwelling Unit is compatible with other land uses, transportation and service facilities in the vicinity; will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare; will not be injurious to property or improvements in the neighborhood; will have adequate provisions for public access, water, sanitation, and public utilities and services to ensure that it would not be detrimental to the public health, safety and welfare; and the site is physically suitable for the type, density and intensity of the use and related structures being proposed because, as conditioned, the Second Dwelling Unit shall allow for more efficient use of the City's existing housing stock by allowing a resident to care for his parent in an independent unit on his property, and the following reasons: 1. The proposed apartment complies with all requirements for Second Dwelling Units pursuant to Chapter 8.80 of the Dublin Zoning Ordinance. 2. The proposed unit does not negatively impact the family character of the neighborhood because the new unit is designed to complement the existing single-family home and the family's household. 3. The unit would not negatively impact the traffic in the neighborhood because of its small size and because the project meets the required parking for Second Units. 4. If approved, the project would be subject to a Building Permit issued by the Building and Safety Division and would meet all utility service requirements. 5. The proposed apartment is designed to accommodate a wheelchair and the shower can convert to a disabled shower easily. 6. The Second Dwelling Unit is consistent with the Dublin General Plan because it will create housing of varied types, sizes and prices to meet current and future needs of all Dublin residents. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 02-025 Conditional Use Permit to allow a Second Dwelling Unit to be located on APN 941-2752-034-00, as depicted on Exhibits A and B, stamped approved and on file. The project approval shall be subject to compliance with the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment &use, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval: [PL.] Planning, [BI Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. GENERAL CONDITIONS Standard Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works Criteria. In the event of a conflict between the Public Works Criteria and these Conditions, these Conditions shall prevail. Responsible Agency: PL When Required: Approval of Improvement Plans through completion Modifications or changes. Modifications or changes to this Conditional Use Permit approval may bc considered by thc Community Development Director, if thc modifications or changes proposed comply with Section 8.104.100, of the Zoning Ordinance. Responsible Agency: PL Required By:: Approval of Improvement Plans through completion Term. Approval of the Conditional Use Permit shall be valid for one year f~om approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Conditional Use Permit may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings Of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Conditional Use Permit.) Responsible Agency: PL Required By: On-going Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District Fees, Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and 2 Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as required by the City according to Ordinance. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the fair share of the new or revised fees. Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Permits Revocation. The CUP will be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. Responsible Agency: PL Required By: On-going Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Permits Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. Responsible Agency: Bldg. When Required: Through Completion Building permits. To apply for building permits, the Applicant shall submit thirteen (13) sets of full construction plans for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval, including any attached Special Conditions. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for compliance with all Conditions of Approval specified and obtaining.the approvals of all participating non-City agencies prior to the issuance of building or grading pernnts. Responsible Agency: B, PL, PW Required By: Prior to issuance of building permits Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste management and recycling requirements. Responsible Agency: ADM, When Required: On-going 10. Refuse Collection. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of petmcible solid waste as well as source- separated recyclable materials generated by the residents within this project. Responsible Agency: PL When Required: Occupancy of Any Building 11. Water Quality Requirements. All development shall meet the water quality requirements of the City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program. 3 Responsible Agency: Required By: PW, PL Issuance of Grading Permit 12. NPDES Permit. Pursuant to requirements of federal law, a NPDES permit shall be obtained from the RWQCB, and any terms of the permit shall be implemented, if applicable. Responsible Agency: PW Required By: Finaling Building Permits 13. Rodenticides and Herbicides. The use of rodenticides and herbicides within the project area shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. Responsible Agency: PL Required By: Issuance of Grading Permit 14. Dust Control/Cleanup. Applicant/Developer shall ensure that areas undergoing grading and ail other construction activity are watered or other dust control measures are used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. Furthermore, Applicant/Developer shall keep adjoining public streets, sidewalks and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period as determined by the Director of Public Works. In the event that the Applicant/Developer does not complete the clean-up within 48 hours of City's direction, the City has the option of performing the clean-up and charging the costs of such clean-up to Applicant/Developer. The use of any temporary construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. Responsible Agency: PW Required By: Ongoing 15. Hold Harmless/Indemnification. Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City the Conditional Use Permit to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Required By: Through completion of Improvements and Occupancy of the last Building DRAINAGE/GRADING 16. Grading, drainage and improvement plan. The Applicant/Property Owner shall submit a grading, drainage and improvement plan for each residence subject to review and approval by the Public Works Director. Responsible Agency: PW Required By: Grading Permit 4 17. Compliance. The Applicant/Property Owner shall comply with the City of Dublin Public Works Department grading permit process and Plan Check-List. Responsible Agency: PW Required By: Grading Permit 18. Undocumented fill. Any undocumented fill on the project site shall be removed during the grading for this project. Responsible Agency: PL When Required: Prior to issuance of Building Permits. 19. Drainage. All rainwater leaders from roof gutters, balconies, and patios shall be connected to a pipe network that discharges to the abutting public street via through-curb drains. Foundation or retaining wall subdrains that must discharge towards the rear of the properties due to their lower elevation in relationship to the street ~hail terminate with City-approved energy-dissipation devices or per a design that prevents erosion of the natural downslopes. No water from subdrains or from earthen swales shall discharge in a concentrated manner over and across the natural slopes below the proposed building envelopes. No surface storm runoff shall be directed towards or across the neighboring sideyard lot lines. Responsible Agency: PW When required: Prior to issuance of Building Permits. DEDICATIONS AND IMPROVEMENTS 20. Site Drainage and Erosion Control Plan. The project site shall drain in accordance with City of Dublin Grading Ordinance and State Regional Water Quality Control standards. A Site Drainage and Erosion Control Plan and "Best Management Practices" erosion control measures must be reviewed and approved by the Public Works Department prior to approval of improvement plans. Responsible Agency: PW Required By: Approval of Improvement Plans 21. Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall construct ail joint utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas. Utility plans showing the location of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works and Director of Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irrigation Plan and screened from view. Responsible Agency: PW, PL Required By: Occupancy of Affected Buildings CONSTRUCTION NOISE MANAGEMENT PROGRAM] CONSTRUCTION IMPACT REDUCTION PLAN 22. Construction Noise Management Program/Construction Impact Reduction Plan. ApplicanUDeveloper shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. Construction shall be conducted so as to minimize the impacts of the construction on the existing community and on the occupants of the new homes as they are completed. Responsible Agency: PL Required By: During any construction 23. Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: Responsible Agency: PL Required By: During any construction Off-site track traffic shall be routed as directly as practical to and from the freeway (I-580) or (I-680) to the job site. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. All construction equipment shall be fitted with noise muffling devises. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. Excavation haul trucks shall use tarpaulins or other effective covers. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaying should be completed as soon as possible. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: Inactive portions of the construction site should be seeded and watered until grass growth is evident. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the Director of Public Works. The Department of Public Works shall handle all dust complaints. The Director of Public Works may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the Director of Public Works. Construction interference with regional non-project traffic shall be minimized by: Scheduling receipt of construction materials to non-peak travel periods. Routing construction traffic through areas of least impact sensitivity. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions me-ups. Radios and loudspeakers shall not be used outside of the residences during all phases of construction. ARCHITECTURE 24. 25. Exterior colors and materials. Exterior colors and materials for the structures shall be subject to final review and approval by the Community Development Director and shall be shown on construction plans. Responsible Agency: PL Required By: Prior to building permit Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs only. Responsible Agency: PL Required By: Ongoing 26. Increase in height of second dwelling unit residence prohibited. The increase in height of the second dwelling unit residence in this project beyond that originally approved by the City is prohibited. TRAFFIC AND CIRCULATION 27. Damage/Repairs. The Developer shall repair all damaged street, curb, gutter and sidewalk along the subject property's street frontage that exist now, or that result from construction activities, to thc satisfaction of thc Director of Public Works. Responsible Agency: PW Required By: Prior to Occupancy of first residence POLICE SECURITY 28. Residential Security Requirements. The development shall comply with the City of Dublin Residential Security Requirements (attached). Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. Responsible Agency: B, PO Required By: Prior to Occupancy of first residence 29. New Address. The address of the dwelling must be posted at the street and must be clearly visible from the middle of the street. Responsible Agency: PO Required By: Prior to Issuance of Building Permits 7 FIRE PROTECTION 30. Applicable regulations and requirements. The Applicant/Property Owner shall comply with all applicable regulations and requirements of the Alameda County Fire Department (ACFD), including payment of all appropriate fees. Responsible Agency: F Required By: Ongoing 31. 32. Rear yard accessibility. The rear yard shall be accessible from both sides of the structure. Personnel access shall be provided on both sides of the property. Gates shall be a minimum of 3'0" wide. If access is to be secured, a Fire Department key box shall be installed. Responsible Agency: F Required By: Ongoing Roofing material. The roofing material shall conform to the City of Dublin Fire Area specifications which require Class A or better. Responsible Agency: F Required By: Prior to issuance of Building Permits 33. 34. Wildfire Management Plan. Site development shall be in accordance with City of Dublin Wildfire Management Plan and Fire Department requirements. Responsible Agency: F Required By: Prior to issuance of Building Permits Water supply. Water supply shall be adequate to support required fire flow. Responsible Agency: F Required By: Prior to issuance of Building Permits DSRSD 35. 36. 37. 38. Requirements and regulations. The Applicant/Property Owner shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District. Responsible Agency: DSRSD. Required By: Ongoing Improvement plans. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits Sewers. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitmy sewer system. Pumping of sewerage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Responsible Agency: DSRSD. Required By: Ongoing Fees. Prior to the issuance ora building permit, all utility connection fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 39. 40. 41. 42. 43. 44. 45. Signatures. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits Utility Construction Permit. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately before this one have been satisfied. Responsible Agency: DSRSD. Required By: Ongoing Hold Harmless. The Applicant/Property Owner shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from completion of the project. Responsible Agency: DSRSD. Required By: Ongoing Limited construction permit. The Applicant/Property Owner shall obtain a limited construction permit from the DSRSD prior to commencement of any work. Responsible Agency: DSRSD. Required By: Prior to commencement of any work Construction by Applicant/Developer. All onsite potable and recycled water and wastewater pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. Responsible Agency: DSRSD. Required By: Completion of Improvements DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other approved water system, and must be installed at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. Responsible Agency: DSRSD. Required By: Completion of Improvements Fire flows. The applicant shall coordinate with the District and Alameda County Fire Department on required fire flows. Responsible Agency: DSRSD. Required By: Approval of Improvement Plans MISCELLANEOUS 9 46. 47. 48. 49. Construction plans. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by an appropriately design professional. The site plan, landscape plan and details shall be consistem with each other. Responsible Agency: B, PL, PW Required By: Prior to issuance of building permits Hours of construction. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as otherwise approved by thc Director of Public Works. No work shall be done on the weekends or holidays. Responsible Agency: PW Required By: Ongoing Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcemem action. Responsible Agency: PL Required By: Ongoing Postal authorities. The developer shall confer with the local postal authorities to determine the type of mail receptacles necessary and provide a letter stating their satisfaction with the type of mail service to be provided. Specific locations for such receptacles shall be to the satisfaction of the Postal Service. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 50. Site Plans submitted with Building Permit application shall show an 8-foot side yard setback on the west side of the new dwelling unit. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 51. Site plans submitted with Building Permit application shall clearly show a path from the public right- of-way to the Second Dwelling Unit. The path shall meet Uniform Building Code standards. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 52. Deed Restriction. Applicant shall have the Alameda County Recorder's Office record a statemem on the subject property's deed which shall set forth the occupancy requirements, as follows: No more than one dwelling unit on the parcel shall be rented or leased. The owner of the lot may occupy either the principal residence or the second unit. Either of the units may remain vacant. No subdivision shall be allowed unless the division meets the applicable requirements of Title 8 and Title 9 of the Municipal Code. Responsible Agency: PL When Required: Prior to occupancy. PASSED, APPROVED and ADOPTED this 9th day of July 2002. AYES: Jennings, Musser, Nassar and Fasulkey NOES: l0 ABSENT: ABSTAIN: Johnson ATTEST: Planning~ager ~ssion Chairperson 02\025\CUP reso