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HomeMy WebLinkAboutPCReso 94-22 PA94-033 Moore 2nd Unit CUPRESOLUTION NO. 94 - 022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 94-033 MOORE SECOND UNIT CONDITIONAL USE PERMIT TO ALLOW A 224 SQUARE FOOT ADDITION TO THE EXISTING RESIDENCE AND A KITCHEN WITHIN AN EXISTING 196! SQUARE FOOT UTILITY/LAUNDRY ROOM FOR USE AS A SECOND UNIT LOCATED AT 11555 CIRCLE WAY WHEREAS, Steven Koski, of Koski Construction Company, representing the property owners, has filed an application for the approval of a Conditional Use Permit to allow a 224 square foot addition (bathroom, closet and bedroom) to the existing residence and a kitchen within an existing 196± square foot utility/laundry room for use as a second unit, located at 11555 Circle Way; 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 the minimum development criteria specified by the Second Unit Ordinance; and WHEREAS, the Planning Commission did hold a public hearing on said application on August 15, 1994; 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 (CEQA) and was found to be Categorically Exempt under Section 15305, Class 5; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally 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, as 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 neighbors or the neighborhood in general. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: The proposed project will serve a public need by providing the development of a small rental housing unit specifically designed to meet the special housing needs of the owners of the subject property. /PA94033 (reso#94-022) Approval of the second unit will allow more efficient use of the City's existing housing stock and the subject residential property. The proposed floor plan and elevation drawings for the second unit provide for quality residential construction practices and will protect property values and the single family residential character of the neighborhood. The use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be compatible to the type and nature of existing residences typically found in the neighborhood. The use, under all circumstances and conditions of this particular case, will not materially adversely affect the health or safety of persons residing 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. 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 in that conditions have been applied to insure conformance with the Zoning Ordinance and the Uniform Building Code. The project is consistent with the policies contained in the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 94-033 Moore Second Unit Conditional Use Permit, as generally depicted by the floor plans and elevation drawings, consisting of six (6) sheets labeled Exhibit A, dated received July 1, 1994, stamped approved and subject to the following conditions and restrictions. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The f011owinq codes represent those departments/aqencies responsible for monitoring compliance of the conditions of approval. [PL] Planninq, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, IF] Dougherty Regional Fire Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. PA 94-033 is approved to allow the construction of a 224 square foot addition (bathroom, closet and bedroom) and a kitchen within an existing 196± square foot utility/laundry room for use as a second unit within the single family residential home located at 11555 Circle Way. The total floor area of the second unit shall be 420± square feet. [PL] /PA94033 (reso#94-022) A Deed Restriction shall be filed by the Property Owners establishing the occupancy requirements for the principle dwelling and the second unit, as outlined by Section 8-60.58.1(8) of the Zoning Ordinance. The Deed Restriction shall be subject to the review and approval by the City Attorney prior to recordation and shall be officially notorized and recorded prior to the final occupancy approval of the second unit. [PL, ADM, BI The architectural design and exterior materials and finish of the principle dwelling and the second unit shall be subject to the final review and approval by the Planning Department. The proposed addition shall utilize exterior materials to match or compliment the existing residence. [PL, B] The Applicant and Property Owners shall comply with the regulations and requirements of the Dougherty Regional Fire Authority (DRFA) and the City of Dublin Building Inspection Department and Planning Department. [F, B, PL] On at least an annual basis, this Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the conditions of approval. [PL] Failure to establish the second unit use within 1 year of the effective date of approval of this use permit will cause the permit to become null and void. [PL] This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms of conditions of this use permit may be subject to the issuance of a citation. [PL] PASSED, APPROVED AND ADOPTED this 15th day of August, 1994. AYES: Commissioners Burnham, North, Rafanelli and Zika NOES: None ABSENT: None ATTEST: lannlng~mmlsslon ChaIrperson Planning Direct ~~ /PA94033 (reso#94-022) 3 /IZ" 2_7,- r : i 'r'l-I I"T'! Fl