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HomeMy WebLinkAbout03-059 OxbowCtGargeConv10-28-2003 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: OCTOBER 28, 2003 SUBJECT: ATTACHMENTS: PUBLIC HEARING - PA 03-059, Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, Assessor Parcel No. 941-0172-042 r.~/ (Report prepared by: Kristi Bascom, Associate Planner)iif0" Project Plans Applicant's written statement Resolution approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, with the project plans as proposed Resolution approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, subject to revising the project plans to show the exterior garage door remaining 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 4) approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, subject to revising the project plans to show the exterior garage door remaining. OF Adopt Resolution (Attachment 3) approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court. PROJECT DESCRIPTION: The Applicants, Douglas and Elaine Paterson, are requesting the approval of a Conditional Use Permit to allow the conversion of their garage to residential living space. They are proposing a remodel to their single-family home that will convert the garage space to living space, as shown on the attached plans (See 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 garage space will be removed and the two driveway spaces will be used to accommodate the required parking. The interior remodel is proposed in order to add a dining and family room to the existing 1,064 square foot home, as described in the Applicant's written statement (Attachment 2). The Applicants are proposing to convert the garage space to living space and to alter the exterior of the home by removing the garage door and installing windows, shutters, and brick wainscoting to match the existing design features of the house. Additionally, a two-foot wide strip of the driveway adjacent to the building will be sawcut, removed, and G:\PA#\2003\03-059 Oxbow Ct Garage Conversion\PC Staff Report.doc COPIES TO: Applicant/Property Owner PA File Project Manage<~ I ITEM NO. (9 ' ! replaced with landscaping to separate the driveway from the house. The intent is to make the remodel look like an integral part of the original home instead of a garage conversion. ANALYSIS: The subject building is currently 1,064 square feet of living space with a 405 square foot, two-car garage. The property size is 7,900 square feet, and is located in a R-1 (Single Family Residential) Zoning District of similarly-sized lots. Required Parking 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, two parking spaces are provided in the driveway. 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, the garage parking will be removed permanently and replaced by parking in the driveway. 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 will 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. 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 the garage will be converted into living space, Page 2 which will prohibit vehicles from being parked in the space, there is no actual change to the intensity of the use at the site, which will remain 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 the garage is convened 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, buihting 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. In an effort to make the remodel look like an integral part of the original home instead of a garage conversion, the Applicants are proposing to alter the exterior of the home by removing the garage door and installing windows, shutters, and brick wainscoting to match the existing design features of the house. Shutters will be added to all the other windows on the front facade for consistency. Additionally, a two-foot wide strip of the driveway directly adjacent to the house will be sawcut, removed, and replaced with landscaping to separate the driveway from the house. As described in their written statement, and at StafFs request, the Applicants considered leaving the garage door on the front fagade of the building and remodeling only the interior so that the exterior appearance of the building did not change. However, because of the way in which they want to use the remodeled space inside, they wanted to have windows on the front elevation, which required the removal of the garage door. Staff has prepared another resolution for the Planning Commission's consideration that would permit the garage conversion to be done, but which would require the facade to retain the appearance of a standard single-family home with the two-car garage door. (Attachment 3) The window that is proposed for the front elevation could be installed on the side elevation instead, and the driveway could be left as is, without the need to cut and remove a portion. This approach would allow the change of use, but would also keep the house in better context with the surrounding neighborhood and it would not look like an obvious garage conversion. If the Planning Commission adopts this resolution (Attachment 3), the Applicant will be required to show the garage door remaining on the front elevation when they submit construction documents for their building permit. 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. 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 either (5) adopt Resolution (Attachment 3) approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, subject to revising the project plans to show the exterior garage door remaining or (6) adopt Resolution (Attachment 4) approving a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, with the project plans as proposed. G:LPA#~2003\03-059 Oxbow Ct Garage Conversion\PC Staff Report.doc Page 4 GENERAL INFORMATION: PROPERTY OWNER/APPLICANTS: Douglas and Elaine Paterson, 7944 Oxbow Ct., Dublin, CA 94568 LOCATION: 7944 Oxbow Ct ASSESSORS PARCEL NO.: 941-172-42 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. Page 5 ~ · ' ~ .... ~ ', '~' ~;. e ~ / , ,u ~ ~ :~: '~ 4~ ..~ ~ ~ ~ o , /~,jJ ""' PATERSON RESIDENCE REMODEL C~U~A6~80FALCONER,AntiochAIA,street~Ca~T~CT TITLE SHEET 7944 Oxbow Court Oakland, CA 94611 Dublin, CA 94566 (5~0) 339.1128 F~ (510) 339.1158 I I SITE O '4 8 O W C O U R T II ac ROOF PLAN I I I PATERSON RESIDENCE REMODEL 7944 Oxbow Court, Dublin, CA 94568 II CLAUDIA FALCONgR, ALt, ARCHITECT 61§0 Antioch Street Oakland, CA 94611 (510) 339.1128 FAX (510) 339.115§ II I I II (E) FLOOR PLAN & (E) EXTERIOR ELEVATIONS I PATERSON RESIDENCE REMODEL 7944 Oxbow Court Dublin, CA 94568 II CLAUDIA FiLCONER, Ail, ~RCHITECT 6180 Antioch Street Oakland, CA 94611 (510) 339,1126 FAX (510) 339.115§ -i I (N) FLOOR PLAN, PARTIAL DEMOLITION & AND FRAMING PLANS II PATERSON RESIDENCE REMODEL 7944 Oxbow Court, Dublin, CA 94568 I I I CLAUDIA FALCONER, MA, ARCHITECT 6180 An~och Street Oakland, CA 94611 (510) 339.1126 FAX (510) 339.1158 {{ { { EXTERIOR ELEVATIONS & SECTION { PATERSON RESIDENCE REMODEL 7944 Oxbow Court Dublin, CA 94568 CLAUDIA FALCONER, MA, ARCHITECT 6I§0 Antioch Street Oakland, CA 94611 (510) 339.1128 FAX (510) 339.1158 I INTElglOR ELEVATIONS PATERSON RESIDENCE REMODEL 7944 Oxbow Court Dublin, CA 94568 CIAUI}IA FALCONER, ~A, ARCHITECT 6180 Antioch Street Oakland, CA 94611 (510) 839.11g§ FAX (510) 889.115§ l,q September 2003 City of Dublin Community Development !)epamnent 100 Civic Center Plaza Dublin. CA 94568 SUBJECT: PATERSON RESIDENCE REMODELLING PROJECT,7944 Oxbow Court, Dublin, CA 94568 Dear Sirs/Mesdames: We are proposing lo convert lhe garage of this house into a dining room and fmniiy room, with storage and an euclosed lam:do' room. We are a family with two small boys and a large dog who have lived in this house for five x, ears. The existing house is a snmll 1967 three-bedroom home on a fiat corner lot t:acing a cul-de-sac. Due to the cun'atnre of the street a! the front of Ihe house, the driveway is longer than required, and as B,pical with this era of house, the existing gara,.,',: and drivex~ay are 18' m width. Tt:e proposed two-car parking area will be in the existing drivcx~ay..& landscape stop ~,viil be ip~slalled to separate the parking area from the ,aa!l of the new dining rooln. The i~ouse has a channing back yard that is used extensively by ~.hc family, witk~ a pla) structure for the bcxs. a lawn area for ,'he dog. and roses and trees that are e~[joyed b~ the entire family. While :.mple in area for it's cu~renl use. thc back yard is not large enough to accommodate extencling l[:c house withoui s?.crificing valuable outdoor space Com:ersion of the garage into liv..'ng area ~s fa~ more ecop. omical than a building addition would t~e, since the walls, roof aud fom~dation are existing We are proposing to raise tl-~e floor of the remodeled space to match that of the main house so that it feels like an integral pan of the home. tn addition, we have studied the treatment of the doors and circulation bepaccn the proposed family and dining rooms with the living room and kitchen. which lhev will adjoin We are proposing to use French doors ~o connect these spaces in a D~mmetrical co~ffigmraiion as vicx~ed flvm ~r:e new rooms, so thru a gracious cimutation flow is established among all of thc living spaces ~Ve conside,'ed plac ,: ~ i::dox~s 1o the side var& however, the view in that di:ection encompasses the neighbor's garage wall and bate,; ;:-,ans Wc prefer to capture the ~iew ~owam the street from our dining room. For tl~is reason, we :~3e proposing a large picture window on lhe north wall and a small casement window in the laundry room on thc sonlh wall. Wc are maintaining t!:c reia'.ionship to the back yard with a new French door matches the exterior door in the living room The neighborhood context presents an established co~nmunity with small scale single 5hmily homes. Many of these homes bare been expanded and modified 1o enlarge the living space. We have focused particularly on p~eserving the architectural inlegri~, of die house by adding brick to the new wall and using new shutters to match existing shutters. The existing clapboard-shaped aluminum siding uill be matched to create a seamless garagc conversion thal does not look like an "add-on." Sincerely. Elaine Paterson Oxx hers SEP 1 9 ~003 OUBLIN PLANNING ATTACHA, ,ENT 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 CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PROPERTY AT 7944 OXBOW COURT, SUBJECT TO REVISING THE PROJECT PLANS TO SHOW THE EXTERIOR GARAGE DOOR REMAINING (APN 941-172-42) PA 03-059 WHEREAS, Douglas and Elaine Paterson, Property Owners and Applicants, have requested approval of a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court 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 September 19, 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 will have two unenclosed parking spaces located in the driveway 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 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. 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 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. Fo 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 proposed garage conversion, as conditioned, will relate architecturally to the site and will be compatible with the character of adjacent buildings, neighborhoods, and uses. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA 03-059, a request for a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, subject to revising the project plans to show the exterior garage door remaining, subject to the following Conditions of Approval: 1. At the time of building permit submittal, the project plans shall be revised to show the exterior two-car garage door remaining on the front elevation, the driveway left intact, and the proposed new window moved to the side elevation. This Conditional Use Permit will be valid only if these redesigns are accommodated. 2. Construction on the garage conversion permitted by this Conditional Use Permit 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. The approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. 3. 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. Two off-street parking spaces shall always be provided on the site for the parking of vehicles. 5. This Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. 6. The construction associated with this Conditional Use Permit shall be comply with Uniform Building and Fire Codes as adopted by the City of Dublin in effect at time of issuance of Building Permits. Smoke alarms shall be provided in accordance with the Building Code. 7. 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. PASSED, APPROVED AND ADOPTED this 28th day of October 2003. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:LPA#X2003\03-059 Oxbow Ct Garage Conversion~PC reso app with mods.doc 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 CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PROPERTY AT 7944 OXBOW COURT (APN 941-172-42) PA 03-059 WHEREAS, Douglas and Elaine Paterson, Property Owners and Applicants, have requested approval of a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court 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 September 19, 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 will have two 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. 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 ATTACHP,"I, ENT 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 as proposed 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 03-059, a request for a Conditional Use Permit to allow the conversion of a garage to residential living space for property at 7944 Oxbow Court, subject to the following Conditions of Approval: 1. Construction on the garage conversion permitted by this Conditional Use Permit 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. The approval period may be extended for six (6) additional months by submitting a written request for extension to the Planning Manager prior to the expiration date. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. 2. 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. 3. Two off-street parking spaces shall always be provided on the site for the parking of vehicles. 4. This Conditional Use Pemfit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. 5. The construction associated with this Conditional Use Permit shall be comply with Uniform Building and Fire Codes as adopted by the City of Dublin in effect at time of issuance of Building Permits. Smoke alarms shall be provided in accordance with the Building Code. 6. 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. PASSED, APPROVED AND ADOPTED this 28th day of October 2003. AYE S: NOES: ABSENT: ATTEST: Planning Commission Chairperson Planning Manager G:~PA#L2003\03-059 Oxbow Ct Garage Conversion\PC reso app.doc