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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: ~ Platmin · ~an:ger Cm. Fasulkey, Nassar, Jennings, and Machtmes Cm. King I '\{ / I ( ,. f ;; Planning 04/04-023/ draftC UPreso. doc 6 ) J t ¡ '" : '{/'\ .', ommission Chø.ir I