HomeMy WebLinkAbout03-029 Munoz Garage Conv 7/8/03 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: JULY 8, 2003
SUBJECT:
PUBLIC HEARING - PA 03-029, Conditional Use Permit to allow the
partial conversion of a garage to residential living space for property
at 11968 West Vomac Road, Assessor Parcel No. 941-2751-053
(Report prepared by: Kristi Bascom, Associate Planner) .~
ATTACHMENTS:
Project plans
Applicant's written statement and photo
Resolution approving a Conditional Use Permit to allow the partial
conversion of a garage to residential living space for property at
11968 West Vomac Road
Resolution denying a Conditional Use Permit to allow the partial
conversion of a garage to residential living space for property at
11968 West Vomac Road
RECOMMENDATION:
2.
3.
4.
5.
Open public hearing and hear Staff presentation.
Take testimony from the Applicants and the public.
Question Staff, Applicants and the public.
Close public hearing and deliberate.
Adopt Resolution (Attachment 3) approving a Conditional Use
Permit to allow the partial conversion of a garage to residential
living space for property at 11968 West Vomac Road.
PROJECT DESCRIPTION:
The Applicant, Blanca Flotte-Munoz, is requesting the approval of a Conditional Use Permit to allow the partial
conversion of garage space to residential living space. She is proposing an addition and remodel to her single-
family home that will encroach slightly into the required two-car garage space, as shown on the attached floor
plans. Instead of maintaining a 20-foot by 20-foot garage space as required by the Off-Street Parking and
Loading Section of the Zoning Ordinance, the new garage space will only be 16 feet wide and 22 feet deep. A
fourteen-foot wide garage door will remain on the exterior of the building and the space can still be used to park
a vehicle. (See Attachment 1)
The interior remodel is proposed in order to enlarge the existing master bedroom and bathroom to make them
more accessible for a disabled person, as described in the Applicant's written statement (Attachment 2).
BACKGROUND:
The Applicant submitted an application for a building permit to construct a 1,380 square-foot addition and an
interior remodel to her single-family home, which has a three-car garage. Through the building permit plan
check process, it was determined that the master bedroom remodel, which was going to remove the third garage
G:\PA#X2003\03-029 Munoz Garage Conversion CUP'PC Staff Report.doc
COPIES TO:
Applicants/Property Owner
PA File
Project Manager _
space, would also encroach into one of the remaining two spaces, making the garage too small to accommodate
two cars as required by the parking ordinance.
The City's Zoning Ordinance allows 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. In this
case, the proposed Conditions of Approval will ensure that one full-size space remains in the garage and two
parking spaces remain in the driveway.
When it was noted on the building plans that the garage space was being decreased to be less than the required
20-foot by 20-foot space, the Applicant was notified that building permits could be obtained for the proposed
addition, but that a Conditional Use Permit was required before the master bedroom remodel encroaching into
the garage space could be permitted. The building permit for the 1,380 square foot addition to the house was
issued on May 12, 2003 and the Applicant submitted the Conditional Use Permit application for the
encroachment into the garage space shortly thereafter.
ANALYSIS:
The home at 11968 West Vomac Road is located in a R-1 (Single Family Residential) Zoning District on a
9,892 square foot lot. Surrounding the subject property is a standard residential subdivision with lots of a
minimum size of 8,000 square feet.
Required Parking
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. This house currently has three (3) garage parking spaces (See photo, Attachment 2).
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
garage space 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 garage space 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 a fourteen-foot garage
door will be left intact and functioning.
Page 2
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.
The partial 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, there will still be one parking space in the garage and two
parking spaces in the driveway, and the property will still be used as a single-family home.
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 a portion of the garage space 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 proposed master bedroom remodel will change the building facade from a house with one eight-foot
wide garage door and one fourteen-foot wide garage door with a three-car driveway to a house with one
fourteen-foot wide garage door and a three-car driveway. The single-car garage door will be replaced
with a bay window.
Section 8.76.070.A.14.a. 1 states that no parking is permitted in the front yard of a single-family home,
so Staff is recommending Condition of Approval Number 5, which requires the Applicant to remove the
driveway and curb cut that leads up to the new bay window and replace it with landscaping. The subject
property is located in a neighborhood of houses with three-car garages, and the removal of the extra
driveway will be especially important so that the removal of the third garage space does not look like an
obvious garage conversion. This will help ensure that the garage conversion will be architecturally
compatible with the adjacent buildings, neighborhoods, and uses and ensure that the remodeled home
has an architectural relationship to the site, as required by the Conditional Use Permit findings.
Page 3
ENVIRONMENTAL REVIEW
The Califomia 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, as stated on the attached resolution (Attachment 3).
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 11968 West Vomac Road, subject to
the Conditions of Approval.
Page 4
GENERAL INFORMATION:
PROPERTY OWNER/APPLICANT:
LOCATION:
ASSESSORS PARCEL NO.:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
ENVIRONMENTAL REVIEW:
Blanca Flotte-Munoz, 11968 West Vomac Road, Dublin, 94568
11968 West Vomac Road
941-2751-053
R-I, Single Family Residential Zoning District
Single Family Residential (0.9-6.0 units/acre)
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.
Page 5
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GENERAL NOTES
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A.ND DIME/qSION~. YARIATIONS OR DISCREPANCIF~ SHALL BE
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THESE DRAWINGS PRIOR TO SUBI~G A BID.
4. ALL WORK SHALL CONFORM TO THE REQUIRF~ OTH£
19~7 UNi~ORIvl BUILDING CODE, THE UNIFOPJvi lvl~
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5, MATERIALS AN'D PRODUCT8 SPECIFIED B y NAME OR MODF. L
I~ SHALL NOT BE 8UBS'ITrU~ WTi~ A~VAL OF
THE O~ AND NOTIFICATION TO THE DESIGNER.
6. .~ DEMCM~TION SHALL BE D(~ l]q A SA{UE, CONTROLED
MANNER- ALL DEBRIS SHALL BE REMOVED FROM TH]~ SiTE AND
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PER~ THE WORK iNDICATED AND.iMPLIED TO PROVIDE
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9. ALL WORK $I~ BE PLUW~, TRUE AND LEVEL AS ~VD{CATED
ON ~E PLANS, AL~ WORK SHALL MEET INDUSTRy
ST.~rUA~U~S A~t) nO ^tCOWA~C£ V~L a~ ~L~U£ ~o~
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SHOWN ON THESE DRAWINGS
CODEs 98 E~)ITioN .......
1997 UNIFORM BUILDING CODE
1997 UNIFORM MECHANICAL CODE
1997 UNIFORM PLUMBl]qG CODE
1996 UNIFORM EL~CAL CODE
1997 CALIFORNIA BUILDING CODE
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LOT 7ALCULATION
. LOT SIZE 9860 SF S M E
EXISTING LOT COVERAGE I924 SF
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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
11968 WEST VOMAC ROAD (APN 941-2751-053)
PA 03-029
WHEREAS, Blanca Flotte-Munoz, Property Owner and Applicant, has requested approval of a
Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at
11968 West Vomac Road 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 Community Development Department; and
WHEREAS, the Applicant has submitted project plans dated received June 18, 2003; 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 July
8, 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, as conditioned, will have two unenclosed parking spaces located in the driveway and one
enclosed space in the garage that can be used for parking vehicles.
Bo
The proposed use and related structure, as conditioned, is compatible with other land uses,
transportation and service facilities in the vicinity, as the conversion of garage space to living space
does not change the primary use of the structure as a single-family home, which is located in a
neighborhood comprised of the same.
The proposed use, as conditioned, 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
ATTACHMENT
are parked in the garage or on the driveway, they are parked off-street, which meets the intent of the
ordinance.
There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures, as conditioned, would not be detrimental to the
public health, safety, and welfare. The conversion of garage space to living space does not change
the need for public utilities and services to the site.
Eo
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, the property will continue to be
used as a single-family home, so there is no 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 garage space 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.
The garage conversion, as conditioned to remove the third driveway and replace with landscaping,
relates architecturally to the site and is compatible with the character of adjacent buildings,
neighborhoods, and uses.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application,
PA 03-029, a request for a Conditional Use Permit to allow the partial conversion of a garage to residential
living space for property at 11968 West Vomac Road, subject to the following Conditions of Approval:
1. This Conditional Use Permit shall be valid for the remaining life of the approved structure so long as the
operators of the subj oct property comply with the project's conditions of approval.
2. This Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the
Dublin Zoning Ordinance.
3. The construction associated with this Conditional Use Permit shall be subject to the Building Code in
effect at time of issuance of Building Permits.
4. Complete Architectural; Structural and Title 24 Energy Plans are required, and the Applicant shall pay
all required Permit Fees in effect at time of issuance of Building Permits.
5. The portion of the driveway that leads to the former third-car garage (now a bay window to the master
bedroom per the project plans dated received June 18, 2003) shall be removed and replaced with
landscaping. The driveway portion shall remain in front of the remaining fourteen-foot wide garage
door only, and the curb cut leading to the removed driveway shall also be removed.
AYES:
NOES:
ABSENT:
ATTEST:
An encroachment permit shall be obtained from the Public Works Department for the removal of the
curb cut in front of the removed driveway portion.
PASSED, APPROVED AND ADOPTED this 8th day of July 2003.
Planning Commission Chairperson
Planning Manager
G:~PA#~2003\03-029 Munoz Garage Conversion CUP'PC Reso.doc
RESOLUTION NO. 03 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE PARTIAL
CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PROPERTY AT
11968 WEST VOMAC ROAD (APN 941-2751-053)
PA 03-029
WHEREAS, Blanca Flotte-Munoz, Property Owner and Applicant, has requested approval of a
Conditional Use Permit to allow the partial conversion of a garage to residential living space for property at
11968 West Vomac Road 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 Community Development Department; and
WHEREAS, the Applicant has submitted project plans dated received June 18, 2003; 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 July
8, 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:
The proposed use and related structure is not compatible with other land uses, transportation and
service facilities in the vicinity, even though the conversion of garage space to living space does not
change the primary use of the structure as a single-family home, which is located in a neighborhood
comprised of the same.
The proposed use will 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 be injurious to property or
improvements in the neighborhood. The loss of garage and off-street parking will result in more
cars being parked on the street, which could impede traffic and pedestrian visibility.
C. The subject site is not physically suitable for the type, density and intensity of the use, and the
conversion of the garage space could materially change how this particular property is being used.
ATTACHMENT
The existing home is being expanded and is able to accommodate more people, yet the off-street
parking at the project site is being reduced.
The garage conversion is not compatible with the character of adjacent buildings, neighborhoods,
and uses. The homes in this residential subdivision were designed with three-car garages, and nearly
all of the homes surrounding the subject property have three-car garages. The proposed garage
conversion for the subject site will change the character of the home so that it does not relate as well
to the adjacent properties.
BE IT FURTHER RESOLVED that the Planning Commission does hereby deny said application, PA
03-029, a request for a Conditional Use Permit to allow the partial conversion of a garage to residential living
space for property at 11968 West Vomac Road.
PASSED, APPROVED AND ADOPTED this 8th day of July 2003.
AYES:
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:XPA#L2003\03-029 Munoz Garage Conversion CUP\PC Reso.doc