HomeMy WebLinkAbout03-035 DukeGarageConve 08-26-2003 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: August 26, 2003
SUBJECT:
PUBLIC HEARING - PA 03-035 Duke Garage Conversion,
Conditional Use Permit
Marnie R. Waffle, Assistant Planner ~
Report
Prepared
ATTACHMENTS:
Project Plans
Photographs
Resolution approving PA 03-035, Conditional Use Permit to
convert a portion of a single family residential garage to living
space at 7342 Dover Lane.
RECOMMENDATION:
2.
3.
4.
5.
Open Public Hearing and receive Staff presentation.
Take testimony from the Applicant and the Public.
Question Staff, Applicant and the Public.
Close Public Hearing and deliberate.
Adopt Resolution (Attachment 3) approving PA 03-035,
Conditional Use Permit to convert a portion of a single-family
residential garage to living space at 7342 Dover Lane.
PROJECT DESCRIPTION:
The Applicant, Ray Duke, is requesting approval of a Conditional Use Permit to allow the partial
conversion of garage space for the construction of a bathroom. He is proposing an addition and interior
remodel to his single family home that will encroach slightly into the required two-car garage space, as
shown on the attached floor plans (Attachment 1). 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 roughly 20-feet by 14-feet. The existing garage door will remain on the
exterior of the residence and the space will be used primarily for storage (Attachment 2).
The residential addition and interior remodel is proposed in order to accommodate three adults and one
child in an existing 3-bedroom, 1-bath home by creating additional living space, a second bathroom, and
more storage.
BACKGROUND:
The Applicant has submitted an application for a building permit to construct an approximately 200
square foot addition and an interior remodel to his single-family home concurrently with his Conditional
Use Permit application for a partial garage conversion. The interior remodel includes the construction of
COPIES TO: Applicant
a second bathroom and a laundry room, which would encroach into the garage space, making the garage
too small to accommodate two cars as required by the off-street 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 two full-size parking spaces remain in
the driveway.
The residential addition and remodel, with the exception of the second bathroom and laundry room, have
been reviewed and approved by the Building and Safety Division and the Planning Department. If this
Conditional Use Permit request were approved, the Applicant would submit a building permit
application for the partial garage conversion.
ANALYSIS:
The home at 7342 Dover Lane is located in a R-1 (Single Family Residential) Zoning District on a 6,512
square foot lot. Surrounding the subject property is a standard residential subdivision with lots of a
minimum size of 6,500 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 two (2) garage parking spaces.
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.
2
In this case, two (2) full-size parking spaces will be available in the driveway and the existing
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 wouM 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 be two (2) full-size parking spaces
available 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.
The property is not currently located within a specific plan area.
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 bathroom and laundry room will not alter the exterior of the home and the existing
garage door will be retained.
3
Deferred Maintenance
The conditions of approval for this project include the repair or replacement of the existing roof, the
repair or replacement of the gutter/downspout at the northeast comer of the residence, and the removal
of the window mounted air conditioning unit from the northern most bedroom at the front of the home
and the associated plywood. These conditions would need to be satisfied prior to the issuance of
building permits for the partial garage conversion in order to ensure that the deferred maintenance on the
exterior of the home is completed. Furthermore, the existing window mounted air conditioning unit
prevents access and means of egress in an emergency from this bedroom and is a violation of the
Building Code.
ENVIRONMENTAL REVIEW:
This project has been found to be Categorically Exempt under Section 15303 (e), Class 3 of the
California Environmental Quality Act (CEQA) guidelines because, the project is a conversion of an
existing small structure from a residential garage to a living space and no modifications to the exterior of
the structure will be made.
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 the Planning Commission open the Public Hearing and receive Staff's presentation;
take testimony from the Applicant and the Public; question Staff, Applicant and the Public; close the
Public Hearing and deliberate; and, adopt the Resolution (Attachment 3) PA 03-035, Conditional Use
Permit to convert a portion of a single family residential garage to living space at 7342 Dover Lane,
subject to the Conditions of Approval.
4
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL
NUMBER:
EXISTING ZONING:
GENERAL PLAN
DESIGNATION:
Ray Duke
7342 Dover Lane
Dublin, CA 94568
same
7342 Dover Lane
941-0197-045
R-l, Single Family Residential
Single Family Residential
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JUL 31 ZOO3
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 7432 DOVER LANE (APN 941-0197-045)
PA 03-035
WHEREAS, Ray Duke, 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 7432
Dover Lane 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 August 8, 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 15303 (e), Class 3, as the project is a conversion of an existing small structure
from a residential garage to a living space and no modifications to the exterior of the structure will be
made; 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
August 26, 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 (2) full-size (20' x 20') unenclosed parking spaces
located in the driveway that can be used for parking vehicles.
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.
ATTACHMENT
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 are parked in the garage or on the driveway, they are parked off-street, which
meets the intent of the ordinance.
Do
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.
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 vehicles 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.
H. The garage conversion relates architecturally to the site and is compatible with the character of
adjacent buildings, neighborhoods, and uses because the existing garage door will be retained.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said
application, PA 03-035, a request for a Conditional Use Permit to allow the partial conversion of a
garage to residential living space for property at 7432 Dover Lane, as generally depicted on the plans
prepared by Rafaela Landron, labeled Attachment 1 to the Staff Report, consisting of two (2) sheets,
dated received July 7, 2003 and August 8, 2003, stamped approved, and on file with the Community
Development Department, subject to the following conditions:
Permit Expiration. Construction or use shall commence within one (1) year of Permit approval
or the Permit shall lapse and become null and void. Commencement of construction or use
means the actual construction or use pursuant to the Permit approval or, demonstrating
substantial progress toward commencing such construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold a noticed public hearing to determine the
matter. Such a determination may be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new application must be made and processed
according to the requirements of this Ordinance.
Time Extension. The original approving decision-maker may, upon the Applicant's written
request for an extension of approval prior to expiration, and upon the determination that any
Conditions of Approval remain adequate to assure that applicable findings of approval will
continue to be met, grant a time extension of approval for a period not to exceed six (6) months.
All time extension requests shall be noticed and a public hearing or public meeting shall be held
as required by the particular Permit.
Permit Validity. 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.
4. Parking. Two, full-size (20' x 20') parking spaces shall remain available and accessible on the
existing driveway for the parking of vehicles.
5. Roof Repair or Replacement. The Applicant shall repair or replace the existing roof of the
residence prior to applying for building permits for the partial garage conversion.
o
Gutter/Downspout Repair or Replacement. The Applicant shall repair or replace the broken
gutter/downspout on the northeast comer of the residence prior to applying for building permits
for the partial garage conversion.
Removal of Air Conditioning Unit. An air conditioning unit blocks egress from the northern
most front bedroom. Prior to the issuance of building permits for the partial garage conversion,
the air conditioning unit shall be removed and the window restored to provide egress. If the air
conditioning unit were to be reinstalled through the wall, a building permit would be required.
8. Property Maintenance. The property shall be maintained in accordance with Section 5.64,
Property Maintenance of the Dublin Municipal Code.
9. Permit Revocation. This Conditional Use Permit will be revocable for cause in accordance
with Section 8.96.020.1 of the Dublin Zoning Ordinance.
10. Building Codes and Ordinances. All project construction shall conform to all building codes
and ordinances in effect at the time of building permit.
11. Building Permits. To apply for building permits, the Applicant shall submit five (5) sets of
construction plans to the Building Division for plan check. Construction plans shall be fully
dimensioned (including building elevations) and accurately drawn (depicting all existing and
proposed conditions on site).
12. Addressing. A backlit address shall be installed on the front of the residence.
13. Residential Security Ordinance. The Applicant shall comply with all applicable City of Dublin
Residential Security Ordinance Requirements.
PASSED, APPROVED AND ADOPTED this 26th day of August 2003.
AYES'
NOES:
ABSENT:
ATTEST:
Planning Commission Chairperson
Planning Manager
G:\PA#\2003\03-035 Duke Garage Conversion\PC Reso.doc