PC-95-21 - Laserfiche WebLink

PLANNING COMMISSION CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. PC-95-21 RESOLUTION UPHOLDING THE PLANNING DIRECTOR I S DETERMINATION THAT CONSTRUCTION OF A SECOND UNIT OUTSIDE OF A PUD-BUILDING ENVELOPE REQUIRES AN APPLICATION FOR A PUD MAJOR MODIFICATION WHEREAS, Samuel Raber has submitted applications for a conditional use permit and a variance for the construction of a second unit on his property located at 20 Deer Oaks Drive; and WHEREAS, at its December 14, 1993, meeting, the City council confirmed that second units are to be constructed within the "Building Envelope" established by the PUD zoning for the Deer Oaks subdivision, in accordance with the State law governing second units; and WHEREAS, in lieu of a variance, a major modification is required and the conditional use permit is contingent upon the approval of a major modification; and WHEREAS, the Planning Director has determined that Mr. Raber's proposal first would require a Planned Unit Development major modification for construction outside of the building envelope; and WHEREAS, in accordance with section 18.68.080, Paragraph B of the Pleasanton Municipal Code, Mr. Raber appealed the Planning Director's determination; and WHEREAS, at their duly noticed meeting of March 22, 1995, the Planning commission considered all public testimony, relevant exhibits, and recommendations of the City staff concerning this matter as stated in its staff report incorporated herein by this reference; and WHEREAS, the Planning commission determined that the PUD states that no structure is to be built outside of the building envelope; and, therefore, the applicant must submit an application for a PUD major modification. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PLEASANTON RESOLVES THE FOLLOWING: section 1. Upholds the Planning Director's determination that an application for a PUD major modification must be submitted for consideration. section 2. The applications for a conditional use permit and variance for construction of a second unit shall be returned to the applicant based upon the finding that a PUD major modification is required. section 3. This resolution shall become effective immediately upon its passage and adoption. .