RES 95050 - Laserfiche WebLink

CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 95-50 RESOLUTION DENYING AN APPEAL BY SAMUEL RABER AND UPHOLDING THE DETERMINATION OF THE PLANNING DIRECTOR AND PLANNING COMMISSION CONCERNING THE PROCESS WHICH MUST BE FOLLOWED IN ORDER TO BUILD A SECOND UNIT OUTSIDE THE BUILDING ENVELOPE WHEREAS, in 1982, the City Council approved Planned Unit Development (PUD) 82-13 for Deer Oaks, a 23-1ot subdivision on a 48 acre hillside site; and WHEREAS, the PUD includes designated building envelopes for each lot and further provides that no structure shall be constructed outside the building envelope; and WHEREAS, Samuel Raber, a property owner within the Deer Oaks subdivision, wants to apply to construct a secondary unit outside the building envelope; and WHEREAS, the Planning Department staff interpreted the PUD ordinance to mean that any secondary unit must be constructed within the building envelope; and WHEREAS, Mr. Raber appealed that interpretation to the Planning Commission; and WHEREAS, the Planning Commission reviewed staff's interpretation of the ordinance and concurred with the staff; and WHEREAS, Mr. Raber then appealed that decision to the City Council; and WHEREAS, at its meeting of December 14, 1993, the City Council reviewed the report Of the Director of Planning and Community Development (SR 93:457) and the recommendation of the Planning Commission, found that State law governing secondary units indicates that construction of such unit must conform to the zoning requirements of the residential district in which the property is located, found that the PUD requirements, including "building envelope" rules, are the zoning requirements for the Raber property, found that secondary units must adhere to all requirements governing any portion of an area governed by the PUD, and then adopted Resolution No. 93-150, upholding the Planning Department staff's interpretation of the ordinance