HomeMy WebLinkAboutPC Reso04-56 OA 04-023 Bryant CUP
RESOLUTION NO. 04 - 56
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
AFFIRMING ZONING ADMINISTRATOR APPROVAL OF A CONDITIONAL USE PERMIT
FOR A MINOR AMENDMENT TO LOT COVERAGE REQUIREMENTS OF PLANNED
DEVELOPMENT P A 95-030 FOR A SECOND-STORY DECK LOCATED AT
3122 COLEBROOK LANE (BRYANT, PA 04-023)
WHEREAS, the Applicants, Mr. and Mrs. Anthony Bryant, have requested a Conditional Use Permit
to establish a second-story rear yard deck with a minor amendment and increase to maximum lot coverage of
1.6% at 3122 Colebrook Lane, APN 985-0011-040, in Planned Development District, PA 95-030; 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 found to be Categorically Exempt from the California
Environmental Quality Act (CEQA), according to Section 15301(1) because the project consists of minor
modifications to an existing residence in a developed lot; it is consistent with all General Plan and Zoning
regulations as amendments to regulations of Planned Developments are allowed pursuant to Zoning
Ordinance Section 8.32.080; and, it is currently served by all required utilities and public services; and
WHEREAS, the Zoning Administrator, represented by the Community Development Director, held a
properly noticed public hearing on said application on August 9, 2004; and
WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations and
testimony set forth and did adopt Resolution 04-05 approving P A 04-023, the Anthony Bryant Conditional
Use Permit; and
WHEREAS, on August 13,2004, Kevin and Angi Queenan appealed the decision ofthe Zoning
Administrator to the Planning Commission and requested reversal of the Zoning Administrator decision;
WHEREAS, the Planning Commission did hold a public hearing in consideration of the appeal on
September 14,2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff report was submitted recommending that the Planning Commission make a
determination based on the provisions of Chapter 8.136, Appeals, of the Zoning Ordinance; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and
testimony hereinabove set forth and used their independent judgment to make a decision; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby
affirms the decision of the Zoning Administrator to approve the Bryant Deck Conditional Use Permit, P A 04-
023, to amend the Planned Development District PA 95-030 to allow an increase in allowable maximum lot
coverage of approximately 1.6% to construct a second-story rear yard deck, and makes the following findings
and determinations to deny said appeal:
1. Consistent with the standards and intent of the Zoning Ordinance Development Regulations,
the Purposes of Single-Family Residential Districts, and the requirements of Conditional Use
Permits, the proposed deck 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; because the project shall consist
of a 88-square-foot deck with a total increase of 1.6% in maximum lot coverage;
2. The project 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 as the two-story deck is an architectural feature on an
existing lot that is typical of architectural features found in quiet, family-living residential
environments.
3. As conditioned, the proposed deck shall be constructed in a traditional architectural style that
is consistent with the style of the home and neighborhood and all lighting of the deck shall be
directed away from adjacent properties (Conditions 4 and 5);
4. Possible adverse impacts to the privacy of adjacent neighbors have been addressed by the
limited size and angle of the deck and the distance of the deck from adjacent properties;
5. As conditioned, the Applicant/Property Owner shall be required to obtain a Building Permit
prior to commencement of construction; and
6. The amendment substantially complies with and does not materially change the provisions or
intent of the adopted Planned Development Zoning District Ordinance of the site as it is an
increase to allow an outdoor deck with no increase is habitable floor area.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve
PA 04-023, Conditional Use Permit, to allow a second-story deck with increase maximum lot coverage of
1.6% located at 3122 Colebrook Lane, APN 985-0011-040, as depicted on Attachment 5 of the Staff Report,
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 of 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: rpL.l Planning, rBl Building, rpOl Police, rpWl Public Works rADMl
Administration/City Attorney, rFINl Finance, rFl Alameda County Fire Department, rDSRl Dublin San
Ramon Services District, rCOl Alameda County Department of Environmental Health.
2
NO. CONDITION TEXT RESPON. WIlEN ¿¿~~IS
AGENCYI ItJj)Q. ? .~.. ry~?~
DEPART. SA lED?
PLANNING
1. Lighting. Exterior lighting shall be of a design and placement PL Ongoing Standard
so as not to cause glare onto adjoining properties. Lighting
used after daylight hours shall be minimized to provide for
security and safety needs only.
2. Architectural Design. The design of the deck shall be in PL Prior to PL
general conformance with the design shown in Attachment 2 Issuance of
of the Staff Report. Additionally, the Applicant shall receive Building
approval of the design from the Dublin Ranch Homeowner's Permit
Association prior to the issuance of building permits.
3. Exterior colors and materials. Exterior colors and materials PL On-going Z.O.
for all structures shall be subject to final review and approval
by the Community Development Director, shall be shown on
construction plans, and shall be compatible with those of the
residence.
GENERAL CONDITIONS
4. Modifications or changes. Modifications or changes to this PL Approval of z.o.
Conditional Use Permit approval may be considered by the Improv-
Community Development Director, if the modifications or ement Plans
changes proposed comply with Section 8.104.090, of the through
Zoning Ordinance. comple-tion
5. Term. Approval of the Conditional Use Permit shall be valid PL On-going Z.O.
for one year from the effective date of the approval. If
construction has not commenced by that time, this approval
shall be null and void. The approval period for Conditional
l! se 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.
6. Fees. Applicant/Developer shall pay all applicable fees in Various Various Various
effect at the time of building permit issuance, including, but times but no
not limited to: Planning fees; Building fees; Dublin San later than
Ramon Services District Fees; Public Facilities Fees; Dublin issuance of
Unified School District School Impact fees; City Fire Impact Building
fees; Alameda County Flood and Water Conservation District Permits
(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.
7. Revocation/Compliance. The CUP shall be revocable for PL On-going Z.O.
cause in accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance. 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 shall be subject
to enforcement action.
3
NO.
CONDITION. TEXT
8.
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 valid permits to the Department of
Public Works.
Building Codes and Ordinances. All project construction
shall conform to all building codes and ordinances in effect at
the time of build in ermit issuance.
Building permits. To apply for building permits, the
Applicant shall submit construction plans to the Building
Department for plan check. Each set of plans shall have
attached a copy of these Conditions of Approval, with
annotations indicating where on the plans or how the
condition is satisfied. 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 shall
be responsible for obtaining the approvals of all participating
non-Cit a encies rior to issuance of buildin ermits.
Dust Control/Cleanup. Applicant/Developer shall ensure
that areas undergoing grading and all 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
Buildin J Official.
9.
10.
11.
4
Various
B
B. PL, PW
PW
WHEN
REQ.?
Various
times. but no
later than
Issuance of
Building
Permits
Through
Completion
Prior to
issuance of
Building
Permits
On-going
HOW IS
CONDITION
SA TISFIED?
Z.O.
UBC
CUP
CUP
NO. CONDITION TEXT RESPON. n,gEü.... HOWlS
AGENCYI CONDITION
DEPART. SATISFIED?
12. Hold Harmless/Indemnification. Applicant/Developer shall All Through CUP
defend, indemnify, and hold harmless the City of Dublin and completion
its agents, officers, and employees from any claim, action, or of
proceeding against the City of Dublin or its agents, officers, or Improvement
employees to attack, set aside, void, or annul an approval of sand
the City of Dublin or its advisory agency, appeal board, Occupancy
Planning Commission, City Council, Director of Community of the last
Development, Zoning Administrator, or any other department, Building
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.
FIRE PROTECTION
13. Applicable regulations and requirements. The F On-going F
ApplicantIProperty Owner shall comply with all applicable
regulations and requirements of the Alameda County Fire
Department (ACFD), including payment of all appropriate
fees.
BUILDING AND SAFETY
14. Construction plans. Construction plans shall be fully B, PL, PW Prior to CUP
dimensioned (including structure elevations) accurately drawn issuance of
(depicting all existing and proposed conditions on site), and Building
prepared and signed by an appropriate design professional. Permits
The site plan, landscape plan and details shall be consistent
with each other.
15. Hours of construction. All construction shall be limited to B. PL. PW On-going CUP
take place between the hours of7:30 a.m. and 6:00 p.m.,
Monday through Friday, except as otherwise approved by the
Director of Public Works. No work shall be done on the
weekends or holidays.
16. The following shall be required as part of the Building B Prior to CUP
Bermit application review: issuance of
Building
a. Provide detailed information on any electrical wiring Permits
and/or equipment associated with this deck structure.
b. Engineered drawings with calculations for the deck
structure shall be submitted with construction plans.
MISCELLANEOUS
17. Conversion to Other Use Prohibited. The deck shall not be PL On-going PL
converted to habitable floor area or any other use without
prior approval of the Community Development Director
5
PASSED, APPROVED and ADOPTED this 14th day of September 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
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Platmin · ~an:ger
Cm. Fasulkey, Nassar, Jennings, and Machtmes
Cm. King
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