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Home My WebLink About02-039 YoungGarageConv05-27-2003AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: MAY 27, 2003 SUBJECT: PUBLIC HEARING - PA 02-039, Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive, Assessor Parcel No. 941-0193-0~ (Report prepared by: Kristi Bascom, Associate Planner) ATTACHMENTS: 1. Project Plans 2. Applicant's Written Statement 3. Resolution approving a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive RECOMMENDATION: 1. Open public hearing and hear Staff presentation. 2. Take testimony from the Applicants and the public. 3. Question Staff, Applicants and the public. 4. Close public hearing and deliberate. 5. Adopt Resolution (Attachment 3) approving a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive. PROJECT DESCRIPTION: The applicants, Kenneth and Cynthia Young, are requesting the approval of a Conditional Use Permit to allow the partial conversion of a garage to residential living space. The applicants have built a bedroom within 120 square feet of the required garage space at their home at 7420 Tamarack Drive, which interferes with using the space to park a vehicle. The applicants are seeking a Conditional Use Permit, as required by the Zoning Ordinance, to legalize the use. BACKGROUND: In August 2000, the Young family built a ten (10) foot by twelve (12) foot room in their garage to serve as a bedroom for one of their children. In Spring 2002, a City Building Inspector noticed the new construction and noted that it had been completed without the necessary building permits. Code enforcement activity followed, as it was determined that the new construction did not have planning approval either. At that time, the new construction was in violation of Section 8.76.080.B of the Zoning Ordinance (Off-Street Parking and Loading), which stated that two (2) enclosed parking spaces are required for asingle-family home. The construction of the bedroom inside of the garage effectively removed one of the required spaces. On July 26, 2002, the Young family submitted their application for a variance to the parking requirement in order to legalize the use. The item was scheduled to be heard by the Planning Commission on November 22, 2002, but in the meantime, the issue of revising Section 8.76.080.B of the Zoning Ordinance was being discussed by the City Council. The Young's application was put on hold pending City Council action. G:\PA#12002102-039\PC Staff Report.doc COPIES TO: Applicants/Property Owner PA File Project Manager ITEM NO. On April 1, 2003 the City Council approved an amendment to the Zoning Ordinance to allow the conversion of a garage to residential living space by way of a Conditional Use Permit as long as two full-size parking spaces can be provided elsewhere on the lot. The Young's application then became a request for a Conditional Use Permit to allow the partial conversion of part of their garage to living space. ANALYSIS: The subject site is located in the R-1 (Single Family Residential) Zoning District. Surrounding the subject property is a standard residential subdivision with lots of a minimum size of 6,500 square feet. In this zoning district, two (2) enclosed parking spaces are required for each single-family home per Section 8.76.080.B of the Zoning Ordinance (Off-Street Parking and Loading), unless a Conditional Use Permit allows otherwise. Required Parking The City's Parking Regulations require two on-site parking spaces for asingle-family residence. Even with the partial garage conversion, this property has two unenclosed parking spaces located in the driveway and one enclosed space in the garage that can be used for parking vehicles. Consistency with Required Findings for a Conditional Use Permit The following findings shall all be made in order to approve a Conditional Use Permit for the conversion of a garage to residential living space: The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. The conversion of the garage to living space does not change the primary use of the structure as a single- family home, which is in a traditional neighborhood comprised of the same. The proposed use 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 and will not be injurious to property or improvements in the neighborhood. The Zoning Ordinance parking requirements aim to provide "safe, attractive, and convenient off-street parking." Whether vehicles are parked in the garage or on the driveway, they are parked off-street, which meets the intent of the ordinance. Whether cars parked outside of the garage is safe, attractive, and convenient is a matter of opinion. However, the Zoning Ordinance does not require vehicles to be parked in the garage, it only requires that the enclosed parking spaces exist. It is the case in many instances that even if garage space is available, it is not used to park cars and is instead used for storage. In this case, one enclosed parking space will still be available in the garage and the garage door will be left intact and functioning. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. The conversion of the garage to living space does not change the provision of public utilities and services to the site. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. Page 2 No new structures are being proposed, and the conversion of the garage space will not materially change. how this particular property is being used. Although part of the garage will be converted into living space, which will prohibit a vehicle from being parked in the space, in reality the applicants do not currently use the garage for parking their vehicles, so there is no actual change to the intensity of the use at the site. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The property is zoned R-1 (Single-Family Residential Zoning District). The purpose of the R-1 Zoning District is to ``provide land to accommodate housing units which meet the diverse economic and social needs of the residents," and the intent of the R-1 Zoning District is "to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quiet, family-living environment." If the garage is converted to living space, the property would continue to be used as a detached, single-family home and would continue to be compatible with a quiet, family-living environment. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. Staff finds that the approval of this Conditional Use Permit would be consistent with the Dublin General Plan as it would not effect or alter the use of the property as a single family residence. For the conversion of single family residential garages to living space, architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to ensure compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. The Applicants do not propose altering the exterior of the building or adding any elements that would change the appearance of the structure from the outside. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) Guidelines list those projects that are Categorically Exempt from environmental review. Section 15301(e)(2) exempts minor alterations of existing facilities. Therefore, the project is considered categorically exempt from the provisions of CEQA pursuant to Section 15301(e)(2) of the State CEQA Guidelines. CONCLUSION Staff concludes that this application meets the minimum findings required to approve the Conditional Use Permit. RECOMMENDATION Staff recommends that the Planning Commission (1) open public hearing and hear Staff presentation, (2) take testimony from the Applicants and the public, (3) question Staff, Applicants and the public, (4) close public hearing and deliberate, and (5) adopt Resolution (Attachment 3) approving a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive. Page 3 GENERAL INFORMATION: PROPERTY OWNER/APPLICANTS: Kenneth and Cynthia Young 7420 Tamarack Drive Dublin, CA 94568 LOCATION: 7420 Tamarack Drive ASSESSORS PARCEL NO.: 941-0193-094 EXISTING ZONING: R-1, Single Family Residential Zoning District GENERAL PLAN DESIGNATION: Single Family Residential (0.9-6.0 units/acre) ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA) Guidelines list those projects which are Categorically Exempt from environmental review. Section 15301(e)(2) exempts minor alterations of existing facilities of 10,000 square feet or less. Therefore, the project is considered categorically exempt from the provisions of CEQA pursuant to Section 15301(e)(2) of the State CEQA Guidelines. 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P ^ O ~~ O U) R ` AI rook ~ .r r Asnley y Audrey __MM~Ct = Ir: os~ Lt ~- O °p° Md^°I ~ o~~a~`yL~~'~ ~ O Ck ~ laa~ ~ 5uooai° ~ o ~ U County NadLn Apri123, 2003 City of Dublin Community Development Department Attention: Kristi Bascom, Associate Planner 100 Civic Drive Dublin, CA 94568 R~=~~DED APR 2.4 2Q0~003 ~ .~ R av~ : r~ ; ,~..; ~ua~IWNo RE: Conditional Use Permit Application - 7420 Tamarack Dr., PA 02-039 Dear Ms. Bascom: This written statement is provided to address the required findings the Planning Commission will need to make in order to approve our Conditional Use Permit ("CUP") application. Approval is requested for the partial conversion of our garage into living space as adopted by the City Council on April 1, 2003. In August 2000, we constructed a 10-foot by 12-foot room in our garage that currently serves as a bedroom for one of our 4-children. For our family of six, our 38-year old 3- bedroom home did not provide sufficient living or storage space. We have lived in Dublin for 16-years; did not wish to leave the community; and the cost of adding on to our existing home was outside our means. Additionally, our full size van is too tall to fit into the garage, so converting a portion of our garage into living space better met our needs. Required Findings: The proposed use and related structures is compatible with other land uses, transportation, and service facilities in the vicinity. Yes The property is zoned R-l. The R-1 zoning district is intended to provide for and protect neighborhoods comprised of detached, single family homes and residential use types compatible with a quiet, family-living environment. The CUP would be consistent with the intent of the district since our property would continue to include a detached single family home, the additional room would be an integral part of that use, and we would continue to create a quiet, family-living environment on our property. It will not adversely affect the health or safety of the persons residing or working in the vicinity, or be detrimental to the public health, safety, and welfare. No As noted above, our van does not fit in our garage and is parked on the driveway. We also use our garage for storage so our other vehicle is also parked on the driveway. Our neighbors will notice no change. There will be no impacts to public health and safety ATTACHMENT a ' ~f~ since if the CUP is granted, the room will be thoroughly inspected by the Dublin Building Inspection Department to ensure that all appropriate building codes are met. It will not be injurious to property or improvements in the neighborhood No The room was constructed within the existing interior area of the original floor plan, so there are no exterior changes to our home to accommodate the room. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. Yes Since the room is part of our current home, it is as accessible to water, sanitation, and utilities as any other room in our home with no detrimental effects. The subject site is physically suitable for the type, density, and intensity of the use and related structures being proposed Yes Our property continues to include a detached single family home, the additional room would be an integral part of that use and was constructed within the existing interior area of the original floor plan. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. No The property is zoned R-l. The R-1 zoning district is intended to provide for and protect neighborhoods comprised of detached, single family homes and residential use types compatible with a quiet, family-living environment. T'he CUP would be consistent with the intent of the district since our property would continue to include a detached single family home, the additional room would be an integral part of that use, and we would continue to create a quiet, family-living environment on our property. It is consistent with the Dublin General Plan and with any application Specific Plan. Yes Dublin's Draft 2002 Housing Element dated August 2002 provides a comprehensive analysis of Dublin's efforts to provide appropriate housing opportunities for all of the residents of Dublin. It was used as a reference to answer this question. The Housing Element states the following: "Large families are defined as households of five or more related individuals... Large families often face special challenges in the housing market because they need to fmd housing of sufficient size (three or more bedrooms) and do not always have sufficient income to purchase or rent such housing." 2 ~f Goa12 of the Draft Housing Element is "To increase the availability of the housing affordable to Low and Moderate -Income households". For a family of six, our family would be considered Moderate Income according to information found in the Draft Housing Element. Goal 4 of the Draft Housing Element is to "Preserve and increase the efficient use of the City's Existing Housing Stock." The CUP process, as approved by the City Council, provides the flexibility to allow slightly more intensive residential use of an existing home that would be consistent with this goal. In addition to the specific goals and policies listed above, a number of policies in the General Plan support the concept of providing flexibility in development standards to meet unique circumstances, or to provide or maintain affordable housing. For the conversion of single family residential garages to living space, architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening or exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as a condition of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. This room represents only a partial conversion of our garage space and was constructed within the existing interior area of the original floor plan, so there are no exterior changes to our home to accommodate the room. Additionally, two full-size off-street parking spaces are maintained on the driveway to address the parking space requirement of the Dublin Zoning Ordinance. Thank you for your consideration of our application. ~ w~ ~ ~,~~ ~ ~C~?~ K¢n an i dy Yo ~, ~~ 3 ~f 3 RESOLUTION NO. 03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE PARTIAL CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PROPERTY AT 7420 TAMARACK DRIVE (APN 941-0193-094) PA 02-039 WHEREAS, Kenneth and Cynthia Young, Property Owners and Applicants, have requested approval of a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive in an R-1 Single Family Residential Zoning District; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, the Applicants have submitted project plans dated received July 26, 2002; and WHEREAS, the Project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines, under Section 15301(e)(2), Class 1, as the project is an addition to an existing facility where the net increase in area is no more than 10,000 square feet and all services are available; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the Planning Commission did hold a public hearing on said project application on May 27, 2003; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations: A. The site has two unenclosed parking spaces located in the driveway and one enclosed space in the garage which can be used for parking vehicles. B. The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity, as the conversion of the garage to living space does not change the primary use of the structure as asingle-family home, which is located in a neighborhood comprised of the same. C. The proposed use 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 and will not be injurious to property or improvements in the neighborhood. The Zoning Ordinance parking requirements aim to provide "safe, attractive, and convenient off-street parking." Whether vehicles are parked in the garage or on the driveway, they are parked off-street, which meets the intent of the ordinance. ATTACHMENT 3 D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. The conversion of the garage to living space does not change the need for public utilities and services to the site. E. The subject site is physically suitable for the type, density and intensity of the use, as no new structures are being proposed, and the conversion of the garage space will not materially change how this particular property is being used. Although part of the garage will be converted into living space, which will prohibit a vehicle from being parked in the space, in reality the applicants do not currently use the garage for parking their vehicles, so there is no change to the intensity of the use at the site. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. The property is zoned R-1 (Single-Family Residential Zoning District). The purpose of the R-1 Zoning District is to "provide land to accommodate housing units which meet the diverse economic and social needs of the residents," and the intent of the R-1 Zoning District is "to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quiet, family-living environment." If the garage is converted to living space, the property would continue to be used as a detached, single-family home and would continue to be compatible with a quiet, family-living environment. G. The approval of this Conditional Use Permit would be consistent with the Dublin General Plan as it would not effect or alter the use of the property as a single family residence. H. The Applicants do not propose altering the exterior of the building or adding any elements that would change the appearance of the structure from the outside, so there is no concern regarding the exterior appearance of the garage conversion. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA 02-039, a request for a Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: This Conditional Use Permit is to allow the partial conversion of a garage to residential living space for property at 7420 Tamarack Drive. This Conditional Use Permit shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of approval. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. 1. Building Permits are required for the alteration to the dwelling. Complete Architectural; Structural and Title 24 Energy Plans are required. 7.28.280 Dublin Municipal Code (DMC) 2. Project shall be designed and constructed to the Building Code in effect at time of issuance of Building Permits. 7.28.340 DMC 3. Applicant shall pay all required Permit Fees in effect at time of issuance of Building Permits. 7.28.430 DMC. Because work has began without the benefit of permits the Special Investigation fees per chapter 7.28.430 C. Dublin Municipal Code shall be paid at time of issuance of the Building Permit. 4. Project shall meet the Residential Building Security Code. 7.32.220 DMC. Smoke Detectors shall be installed in each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping area. 310.9.1.4 Uniform Building Code (UBC). The Smoke Detectors shall receive their primary power from the building wiring and shall be equipped with a battery backup. 310.9.1.3 UBC. 6. Laundry /Computer room and Bedroom shall have a ceiling height of not less than 7 feet 6 inches. 310.6.1 UBC 7. Occupancy separation between the Garage and Living Area (Bedroom, Laundry /computer room) shall be or 1 hour construction on the Garage side, aself-closing, tight fitting solid-wood door 1 3/8 inches in thickness, shall be installed at doorway between the Garage and Laundry /Computer room. Table 3-B, and 302.4 exc 3 UBC 8. Computer room and Bedroom shall be equipped with Windows, Windows shall meet requirements of Light and Ventilation requirements in Section 1203 UBC, and the bedroom window shall meet all egress requirements of Section 310.4 UBC. 9. Bedroom and Laundry /Computer room shall be provided with heating facilities capable of maintaining a room temperature of 70 degrees F at a point 3 feet above the floor. 310.11 UBC 10. The Garage shall have no openings into a room used for sleeping purposes. 312.4 UBC PASSED, APPROVED AND ADOPTED this 27`" day of May 2003. AYES: NOES: ABSENT: ATTEST: Planning Manager G:\PA#12002102-0391PC Reso.doc Planning Commission Chairperson