HomeMy WebLinkAboutPC Reso 90-034 PA 90-044 Schwartz 2nd unit request to amend condition approval #4 on PC Reso 87-018 RESOLUTION NO. 90 - 034
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 90-044 SCHWARTZ SECOND UNIT CONDITIONAL USE PERMIT REQUEST TO
AMEND CONDITION OF APPROVAL #4 ON PLANNING COMMISSION RESOLUTION NO. 87-018 OF
PA 87-024 TO LIMIT AGE AND HANDICAPPED RESTRICTION TO TENANTS OF ONE OF THE
UNITS INSTEAD OF TO OWNER OCCUPANTS OF ONE OF THE UNITS AT 8332 CAVALIER LANE
WHEREAS, Darlene Schwartz filed a Conditional Use Permit application to
amend the existing Planning Commission Resolution No. 87-018 (approving a
second dwelling unit at 8332 Cavalier Lane) to limit age and handicapped
restriction to tenants of one of the units instead of to owner occupants of one
of the units at 8332 Cavalier Lane; and
WHEREAS, the Planning Commission did hold a public hearing on said
application on June 18, 1990; 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 has been
found to be Categorically Exempt from the provisions of CEQA pursuant to
Section 15301 and Section 15305 of the State CEQA guidelines because the
project will consist of a minor alteration in land use limitations of an
existing single family residential use; 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, 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; and
WHEREAS, the proposed land use will not adversely impact traffic in the
area, 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:
A. The second unit will continue to serve the public with special housing
needs by providing affordable rental housing.
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B. The existing second unit will continue to allow more efficient use of the
City's existing housing stock and the subject residential property by
providing rental housing specifically designed to meet special housing
needs.
C. 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.
D. 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.
E. 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.
F. 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 Conditional Use Permit application PA 90-044 Schwartz
Second Unit Conditional Use Permit Amendment subject to the following
conditions:
Unless stated otherwise, all Conditions of Approval shall be complied with
prior to the establishment of the proposed land use activity, and shall be
subject to Planning Department review and approval.
1. PA 90-044 Conditional Use Permit approval is for an amendment to Condition
of Approval #4 of Planning Commission Resolution No. 87-018 (approving a
second dwelling unit at 8332 Cavalier Lane, PA 87-024) and is subject to
Conditions of Approval #1, #2, #3, #5, and #6 of Resolution No. 87-018.
The amendment to Condition of Approval #4 shall read as follows:
"A deed restriction shall be filed by the Owner establishing that the
occupancy requirements for the two residences shall be as outlined by
Section 8-60.58.1(8) of the Zoning Ordinance. When one of the two units is
rented or leased (no more than one dwelling unit on the parcel shall be
rented or leased and at least one of the units shall be owner occupied),
occupancy shall be limited to a person or persons age 63 years 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 within 15 days from the effective date of this approval (July
13, 1990)."
2. This approval shall become null and void, in the event the approved use
ceases to operate for a continuous one year period.
3. 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.
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4. On an annual basis, this 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 18th day of June, 1990.
AYES: Commissioners Barnes, Burnham and Zika
NOES: None
ABSENT: Commissioner Okun
Planning Commiss on Chairperson
ATTEST:
Planning Director
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