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HomeMy WebLinkAboutPC Reso 90-043 PA 90-057 Raether 2nd unit request to allow construction of 720 sq ft detached 2nd dwelling RESOLUTION NO. 90 - 043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 90-057 RAETHER SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO ALLOW CONSTRUCTION OF A 720 SQUARE FOOT DETACHED SECOND DWELLING UNIT AT 7634 TURQUOISE STREET WHEREAS, Cameron Raether filed a Conditional Use Permit application to allow the construction of a 720 square foot detached second dwelling unit at 7634 Turquoise Street; 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 established for second units; 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 August 6, 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 from the provisions of CEQA pursuant to Section 15303, Class 3 of the State CEQA Guidelines because the project will consist of constructing a small residential second unit structure; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit 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, if conditionally approved, is appropriate for the subject property in terms of being compatible with existing land uses in the area and will not overburden public services. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. The second unit will serve the public with special housing needs by providing affordable rental housing, and allowing more efficient use of the City's housing stock. /df:90057RE/ -1- B. The use, as conditioned by this resolution, will be properly related to other land uses, transportation and service facilities in the immediate vicinity, as the proposed use will be compatible to said land uses, transportation and service facilities in the immediate vicinity. C. 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. D. 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. E. The project is consistent with the Zoning Ordinance and the policies contained in the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 90-057 Raether Second Dwelling Unit Conditional Use Permit subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of the proposed land use activity or issuance of building or grading permits, and shall be subject to Planning Department review and approval. 1. PA 90-057 Conditional Use Permit approval is for the construction of a 720 square foot detached second dwelling unit at 7634 Turquoise Street, which shall generally conform to the site plan, floor plan, and elevations dated received by the Dublin Planning Department July 10, 1990 (Exhibit A), as modified by the following Conditions of Approval. Building permits for the proposed project shall be secured and construction commenced within six (6) months after the approval of this application or said approval shall be void. 2. In compliance with Zoning Ordinance Section 8-60.58.1(9) Purpose of Second Units-"Setback", the proposed detached second dwelling unit shall be setback (constructed) a minimum of 10 feet from the principal unit. 3. The architectural design and proposed exterior materials and finish of the second dwelling unit structure shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed second unit. Final plans must be submitted a minimum of thirty (30) days prior to the issuance of a building permit. The proposed structure -2- shall utilize exterior materials to match or complement the exterior materials of the existing structure. 4. Prior to the occupancy of the structure as a second dwelling unit, all building permits must be obtained and a kitchen facility must be constructed and/or installed in compliance with City Ordinance No. 5-84 Second Units in R-1 Districts. 5. Prior to final building inspection, a deed restriction shall be recorded by the Owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-60.58.1(8) of the Zoning Ordinance and that one of the two units may be rented or leased and occupancy of the rented or leased unit shall be limited to a person or persons age 63 years or older or by a handicapped person or persons subject to Planning Director and City Attorney review and approval. 6. Prior to the establishment of the structure as a second dwelling unit, the Applicant shall comply with the Dougherty Regional Fire Authority (DRFA) requirements to: a. Provide a smoke detector in the second unit. b. Post the address for the second unit in a visible location. 7. The Applicant shall be assessed a $600.00 Fire Mitigation Fee for the establishment of the second dwelling unit. 8. The Applicant shall comply with all applicable building code requirements. 9. To apply for a building permit, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of this Resolution of Approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non- City agencies prior to the issuance of building permits. 10. 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 permit shall be subject to citation. -3- 11. On an annual basis, the Conditional Use Permit shall be subject to Zoning Investigator review and determination as to compliance with the Conditions of Approval. PASSED, APPROVED, AND ADOPTED this 6th day of August, 1990. AYES: Commissioners Barnes, Springer and Zika NOES: None ABSENT: Commissioners Burnham a Zika a Planni Commiss' 'Chairperson ATTEST: �"rPlanning Director ��_-4-