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HomeMy WebLinkAbout5.1 Lau Residential Addition Appeal SDRPage 1 of 6 STAFF REPORT PLANNING COMMISSION DATE: May 22, 2018 TO: Planning Commission SUBJECT: Public Hearing: Lau Residential Addition Appeal of Community Development Director approval of Site Development Review Permit (PLPA-2018-00002) Prepared by:Robert Paley, Assistant Planner EXECUTIVE SUMMARY: Yung Chen, the designer and applicant representing Kwok Hong Lau, the Owner of 6735 Maple Dr., is requesting approval of a Site Development Review permit for the expansion of the existing single story 1,846 square foot home (including garage). The proposal is for a 1,076 square foot residential addition, which includes a 176 square foot addition to the ground floor and a 900 square foot addition to the second story. The Community Development Director approved the application on April 17, 2018. The action of the Community Development Director was appealed. The Planning Commission will hold a public hearing to consider the appeal, and either affirm the Community Development Director’s action in whole or in part, with or without additional conditions of approval, or to reverse the action of the Community Development Director. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and take the following action: a) adopt a Resolution affirming the Community Development Director’s decision and approving a Site Development Review Permit for the Lau Residential Addition located at 6735 Maple Drive; OR b) direct the City Attorney to prepare a resolution affirming the Community Development Director’s action in part, with or without additional conditions of approval, or to reverse the action of the Community Development Director, including findings of fact, no later than July 10, 2018. DESCRIPTION: The project is located at 6735 Maple Drive as shown in Figure 1. The subject property has a General Plan land use designation of Single-Family Residential which allows up to six (6) dwelling units per acre. The site is within the Single -Family Residential (R-1) Zoning District. Residential additions which are greater than 500 square feet are subject to a Site Development Review (SDR) Permit approval by the Community Development Director (Zoning Ordinance 8.104.040.A) 5.1 Packet Pg. 8 Page 2 of 6 The Applicant is requesting a SDR Permit for the expansion of the existing single story 1,846 square foot home (including garage). The proposal is for a 1,076 square foot addition and includes a 176 square foot expansion to the rear, northwest side of the ground floor, and a 900 square foot second story addition located over the existing garage, a portion of the existing house, and the new ground floor expansion. The proposed addition has been designed to be consistent with the architecture of the existing home while also enhancing its appearance through the addition of wood trim to all windows and around the garage. The project plans are included as attachment 2 to this Staff Report. COMMUNITY DEVELOPMENT DIRECTOR ACTION: On March 30, 2018, the Community Development Director provided a public notice that a decision on the Site Development Review permit was being considered. This notice was provided to all property owners and occupants with in a 300 foot radius of the property. The Planning Division received comments from the residents next door at 6765 Maple Drive expressing concerns about the project during the public comment period. On April 12, 2018 Staff held two separate meetings with the applicants and appellants to discuss the appellant’s comments and concerns. After reviewing the project plans, discussing the project with staff, and receiving public comment, the Community Development Director approved the Site Development Review Permit on April 17, 2018 (Attachment 1 and Attachment 2). APPEAL PROCESS: Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that must be followed if an action of the Community Development Director is appealed to the Planning Commission. In brief, an appeal and filing fee must be filed with the City Clerk within 10 calendar days of the Community Development Director’s action. The appeal must state the “extent of the appeal and the reasons and grounds for appeal.” The appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal. The Planning Commission may defer decision on the appeal at the Public Hearing but must take action within 75 days of the filing of the appeal. On April 27, 2018, Jacob and Kristen Berg appealed the approval of the Lau Residential Addition SDR Permit (Attachment 3). The Bergs reside immediately t o the west of the subject property at 6765 Maple Drive. In accordance with Chapter 8.136, the Planning Commission must hold a Public Hearing no later than May 22, 2018 (within 45 days of the filing of the appeal) and must take action no later than July 10, 2018 (within 75 days of the filing of the appeal) or the decision of the Community Development Director is 5.1 Packet Pg. 9 Page 3 of 6 deemed affirmed. Chapter 8.136 of the Zoning Ordinance states that the Planning Commission may, by majority vote, affirm, affirm in part, or reverse the Community Development Director’s decision to approve the Project. If the Planning Commission decides to affirm the Community Development Director’s decision to approve the Project, the Planning Commission may adopt additional conditions of approval that address the specific subject of the appeal. The Planning Commission’s action must be supported by findings of fact based on information before the Commission when it hears and considers the appeal. Staff recommends that the Planning Commission affirm the Community Development Director’s approval. ANALYSIS: Homes located in the R-1 Zoning District are subject to the Development Regulations prescribed in the Zoning Ordinance (Section 8.36.020.B). An addition to a single-family home must comply with these development regulations. Furthermore, residential additions which are greater than 500 square feet are subject to a Site Development Review Permit approved by the Community Development Director (Section 8.104.040.A). Chapter 8.104.090 provides the findings which must be made in order for an SDR Permit to be approved. The Municipal Code states that all of the following findings shall me made in order to approve a Site Development Review and shall be supported by substantial evidence in the public record: A. The proposal is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed. D. The subject site is physically suitable for the type and intensity of the approved development. E. Impacts to existing slopes and topographic features are addressed. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles Appellant’s Grounds for Appeal: The appeal of the Community Development Director’s decision is confined to the approval of the Site Development Review permit on the grounds that the project is not consistent with all the Required Findings necessary for approval of a Site Development 5.1 Packet Pg. 10 Page 4 of 6 Review Permit (Section 8.104.090). Accordingly, this Agenda Statement addresses only whether the findings made by the Community Development Director’s approval of the SDR Permit should be affirmed, affirmed in part, or reversed. The appellant does not believe that the proposed addition is consistent with SDR Findings D and F as shown above. The appellant asserts that: 1) with the proposed addition, the home will be too large for the subject lot and surrounding neighborhood and, 2) the proposed addition will result in the loss of privacy and natural light. Staff’s analysis regarding each of these claims is set forth below: Size of the Home The appellant asserts that the size of the lot for 6735 M aple Drive at 6,118 square feet is too small for the type and intensity of the proposed development. More specifically, the appellant states the majority of the homes in the neighborhood are less than 1,900 square feet with some exceptions of larger homes on larger lots ranging from 6,500 to 8,200 square feet. The appellant further asserts that the proposed development will be larger than any other home in the neighborhood. As stated, the subject property is located within the R-1 Zoning District and reviewed for compliance with the development regulations for the District. The proposed project is in conformance with all development standards, including, but not limited to, height, setbacks, and lot coverage. Development Standards Allowed Proposed Lot Size 4,000 sf (minimum) 6,113 sf Lot Coverage (footprint) 35% (2141 sf) 33% (2022 sf) Setback 5 feet (minimum) 6 feet 5 inches Height 25 feet 23 feet 11 inches The neighborhood is generally comprised of a mix of single story and two -story homes, with lots generally ranging from 5,200-8,200 square feet. The minimum lot size in the R- 1 Zoning District is 4,000 sf (5,000 square feet for corner lots). While there are several two-story homes on lots that are greater than 6,500 square feet, there are an equal number of two-story homes on lots that are less-than 6,500 square feet (as shown in Figure 2 below). In some cases, there are two-story homes on lots smaller than the subject property. While the proposed residence will be larger than the majority of the homes in the neighborhood, it remains consistent with the R -1 Development Regulations. The home is designed in the same style and character of the other two - story homes in that: a) the second story will be located over the garage side of the existing residence; and, b) the residence will include building materials and colors, and other similar elements like window and garage trim, that are compatible with other residences in the vicinity. 5.1 Packet Pg. 11 Page 5 of 6 In addition to the development standards, the Project was also reviewed for consistency with the purpose and intent of the R-1 Zoning District which is to provide for and protect neighborhoods comprised of detached, single-family homes and residential use types compatible with a quiet, family-living environment. The proposed partial two-story addition is designed to match the existing residence and surrounding neighborhood which is comprised of both single-story and partial two-story homes. Privacy & Natural Light The Appellant is asserting that two-story homes are generally adjacent to one another and that the proposed addition will result in reduced privacy for their lot and to potential impacts of natural light. One of the stated purposes of the Residential Zoning Districts is to ensure adequate light, air, privacy, and open space for each dwelling. This is primarily accomplished through compliance with the development standards and partially through design review which takes into account neighborhood context. As shown in Figure 2 above, the neighborhood has a mix of single-story and two-story homes in no distinguishable pattern. The purpose of the R-1 District development regulations is to promote development that respects the layout of single-family residential homes through setbacks, lot coverage and building height limitations. The project is in conformance with these development standards and has been designed to integrate with the existing single-family residence as well as the surrounding residences through a simple roof line and modest window configuration. Furthermore, the design minimizes the impact on surrounding residences by keeping the more active uses (kitchen, family and living rooms) on the ground floor, while adding more passive uses (bedrooms, bathroom) to 5.1 Packet Pg. 12 Page 6 of 6 the second story addition and only included windows that are required by the Building Code on the elevation facing the adjacent residence. It is typical (and expected) that all four sides of a single-family detached home will have windows. The proposed second-story addition includes the addition of two windows on the façade facing the appellant’s home - one of which is a shower window, the other a bedroom - both of modest size and both required per the California Residential Building Code. The addition is designed to ensure that adequate l ight, air, privacy and open space for the neighboring homes are maintained. ENVIRONMENTAL REVIEW: The Project is Categorically Exempt from the California Environmental Quality Act pursuant to Section 15301(e)(2) (Existing Facilities) because: 1) the p roject is an addition to an existing structure and the addition is less than 10,000 square feet in size; 2) the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; a nd 3) the area in which the project is located is not environmentally sensitive. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice regarding this Public Hearing was mailed to all property owners and occupants within 30 0 feet of the proposed Project including the Appellants listed in the Appeal Letter. The Public Notice was also published in the East Bay Times and posted at several locations throughout the City. ATTACHMENTS: 1. Appealable Action Letter dated April 17, 2018 2. Exhibit A to Attachment 1 Project Plans 3. Appeal Letter dated April 27, 2018 4. Resolution Affirming the Community Development Director's Decision and Approving the Project 5. Exhibit A to Attachment 4 Proposed Project Plans 5.1 Packet Pg. 13 APPEALABLE ACTION LETTER April 17, 2018 PROJECT: PLPA-2018-00002– Lau Single Family Residential Addition PROJECT DESCRIPTION: Site Development Review Permit for the expansion of the existing single story 1,846 square foot home (including garage). The proposal is for a 1,076 square foot residential addition, which includes a 176 square foot addition to the ground floor and a 900 square foot addition to the second story. PROJECT/SITE ADDRESS: 6735 Maple Drive (941-0207-094-00) ENVIRONMENTAL REVIEW: The Project has been found Categorically Exempt from the California Environmental Quality Act pursuant to Section 15301(e)(2) (Existing Facilities) because, 1) the project is an addition to an existing structure and the addition is less than 10,000 square feet in size; 2) the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan; and 3) the area in which the project is located is not environmentally sensitive. APPLICANT: Yung Chen, 75 Corona Street, San Francisco, CA 94127 PROPERTY OWNER: Kwok Hong Lau, 6735 Maple Drive, Dublin, CA 94568 The above-referenced project was acted upon on April 17, 2018 by the Community Development Director and was approved subject to the attached conditions. This action becomes final and effective at 5:00 p.m. on April 27, 2018 unless appealed before that time in accordance with the Zoning Ordinance and other applicable regulations. Any such approval shall not be interpreted to be an approval to violate or omit any provisions of the Zoning Ordinance or any other applicable codes. Prior to commencing the project, the applicant must apply with the Building Division and Public Works Department to obtain all necessary permits. Please note if your project involved a deposit, as soon as all costs have been submitted to the Finance Department, you will either be sent a refund check or a statement of additional costs. We appreciate the opportunity to work with you on this project and hope that our comments will be helpful. If you have any questions, please feel free to contact me at 925-833-6610 or via email at robert.paley@dublin.ca.gov Sincerely, Robert Paley Assistant Planner 5.1.a Packet Pg. 14 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) PLPA-2018-00002 Page 2 of 6 STATEMENT OF FINDINGS A. The proposal is consistent with the purposes of Dublin Municipal Code Chapter 8.104 Site Development Review, with the General Plan, and with any applicable Specific Plans and design guidelines in that: 1) the project site has a General Plan land use designation of Single Family Residential and the residential addition will be consistent with the residential use of the pr operty; 2) the residential addition is well designed in relation to surrounding properties and will be designed and painted to match the existing residence; and, 3) the residential addition has been located and designed to be integrated within the existing and surrounding residences which are mix of one-story and partial two-story buildings. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the residential addition, as proposed, meets all applicable development regulations including building height, setbacks and lot coverage; 2) the residential addition is well designed in relation to the existing single-family residence in terms of colors, materials and architectural design. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) the residential addition is designed to integrate with the surrounding residences which includes a mix of single-story and partial two-story homes; 2) the residential addition will meet all required minimum setbacks in accordance with the Dublin Zoning Ordinance; 3) the residential addition will not exceed the maximum allowable lot coverage for the R-1 zoning district in which it is located; and, 4) the residential addition incorporates colors and materials which are consistent with the existing single family home and surrounding residences. D. The subject site is suitable for the type and intensity of the approved development in that: 1) the subject site is a 6,118 square feet lot located in the R-1 Single Family Residential Zoning District with an existing single-story 1,846 square foot residence (including garage). The addition is designed to match the existing residence and surrounding neighborhood which is comprised of both single-story and partial two-story homes; 2) with the residential addition, site improvements will not exceed the maximum 35% lot coverage as required in Chapter 8.36 Development Regulations of the Dublin Zoning Ordinance; and, 3) the residential addition meets all minimum setbacks for R-1 single- family residences as required in Chapter 8.36 Development Regulations of the Dublin Zoning Ordinance. E. Impacts to existing slopes and topographic features are addressed in that: (1) the site is generally flat and no grading is proposed to the overall site. F. Architectural considerations, including character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the residential addition has been designed to integrate with the existing single-family residence and surrounding residences in terms of colors, materials and architectural design; 2) the residential addition is for a 176 square foot ground-floor expansion and relocation of the kitchen, and a 900 square foot second story addition over the existing garage and expanded kitchen; and, 3) the addition will feature a stucco finish painted to match the existing residence; composite shingles to 5.1.a Packet Pg. 15 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) PLPA-2018-00002 Page 3 of 6 match the existing roofing; and new wood trim for all windows, existing and new, and the garage door. G. Landscape considerations, including location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: (1) the proposed project will not create new landscaping, and will not impact the existing landscaping; and, 2) the applicant will continue to maintain the existing landscaping and repair or replace the good neighbor fence located on the west property line. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) the proposed additions will be located and outside of all required setbacks and will not impact circulation. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: GENERAL 1. Approval. This Site Development Review approval for the Lau Residence is to allow for the construction of a 1,076 square foot residential addition, which includes a 176 square foot addition to the ground floor and a 900 square foot addition to the second story to the existing 1,846 square foot single-story residence (including garage) located at 6735 Maple Dr. (PLPA-2018- 00002). This approval shall be as depicted and indicated by the plans prepared by Yung Chen dated received by Dublin Planning on April 12, 2018, and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. PL On-going 5.1.a Packet Pg. 16 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) PLPA-2018-00002 Page 4 of 6 2. Effective Date. This Site Development Review approval becomes effective 10 days following action by the Community Development Director unless appealed before that time in accordance with the Dublin Zoning Ordinance. PL On-going 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. PL 1 year from Approval 4. 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. PL 1 year from Approval 5. Modifications. The Community Development Director may consider modifications or changes to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. PL On-going 6. Revocation of Permit. The Permit approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 7. Requirements and Standard Conditions. The Applicant/Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable Various Issuance of Building Permits or Installation of Improvements 5.1.a Packet Pg. 17 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) PLPA-2018-00002 Page 5 of 6 conditions required have been or will be met. 8. Fees. Applicant/Developer shall pay all applicable fees in effect, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Various Issuance of building permits 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 10. Clarifications to the Conditions of Approval. In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. PL On-going 11. Controlling Activities. The Applicant/Developer PL Through Construction 5.1.a Packet Pg. 18 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) PLPA-2018-00002 Page 6 of 6 shall control all activities on the project site so as not to create a nuisance to existing/surrounding businesses and/or residences. and On-going 12. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter- free site. PL Through Construction 13. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right -of- way unless approved in advance by the City Engineer/Public Works Director. Various During Construction 14. Construction Hours. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. Note that the construction hours of operation within the public right of way are more restrictive. PW During Construction 15. Colors, Materials and Design. The proposed colors, materials and design for the addition shall be consistent with the existing residence, as noted on the approved project plans. All exterior finishes shall blend evenly with the existing residence with no visual distinction between the existing home and the addition. PL Final Inspection 5.1.a Packet Pg. 19 At t a c h m e n t : 1 . A p p e a l a b l e A c t i o n L e t t e r d a t e d A p r i l 1 7 , 2 0 1 8 ( L a u A p p e a l ) 5. 1 . b Pa c k e t P g . 2 0 Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5.1.b Packet Pg. 21Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5. 1 . b Pa c k e t P g . 2 2 Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5.1.b Packet Pg. 23Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5. 1 . b Pa c k e t P g . 2 4 Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5.1.b Packet Pg. 25Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5. 1 . b Pa c k e t P g . 2 6 Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5.1.b Packet Pg. 27Attachment: 2. Exhibit A to Attachment 1 Project Plans (Lau Appeal) 5.1.c Packet Pg. 28 At t a c h m e n t : 3 . A p p e a l L e t t e r d a t e d A p r i l 2 7 , 2 0 1 8 ( L a u A p p e a l ) 5.1.c Packet Pg. 29 At t a c h m e n t : 3 . A p p e a l L e t t e r d a t e d A p r i l 2 7 , 2 0 1 8 ( L a u A p p e a l ) RESOLUTION NO. 18- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AFFIRMING THE COMMUNITY DEVELOPMENT DIRECTOR’S DECISION AND APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE LAU RESIDENTIAL ADDITION AT 6735 MAPLE DRIVE (APN 941-0207-094-00) PLPA-2018-00002 WHEREAS, Yung Chen, the designer and applicant representing Kwok Hong Lau, the Owner, is requesting approval of a Site Development Review permit for the expansion of the existing single story 1,846 square foot home (including garage) located at 6735 Maple Drive; and, WHEREAS, the proposal is for a 1,076 square foot addition and includes a 176 square foot expansion to the rear, northwest side of the ground floor, and a 900 square foot second story addition located over the existing garage, a portion of the existing house, and the new ground floor expansion; and, WHEREAS, the project is located in a Single Family Residential (R1) Zoning District with a General Plan Land Use designation of Single Family Residential; and WHEREAS, on April 17, 2018, the Community Development Director approved a Site Development Review permit to allow a 1,076 square foot addition to the existing residence; and, WHEREAS, on April 27, 2018, the decision of the Community Development Director was appealed in accordance with Chapter 8.136 of the Dublin Zoning Ordinance ; and, WHEREAS, the Project is Categorically Exempt from the California Environmental Quality Act pursuant to Section 15301(e)(2) (Existing Facilities); and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending the Planning Commission affirm the decision of the Community Development Director; and, WHEREAS, the Planning Commission held a properly noticed public hearing on said appeal on May 22, 2018 at which time all interested parties had the opportunity to be heard ; and, WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project; and, WHEREAS, the Planning Commission did affirm the Community Development Director’s decision. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. 5.1.d Packet Pg. 30 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 2 of 7 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review Permit: A. The proposal is consistent with the purposes of Dublin Municipal Code Chapter 8.104 Site Development Review, with the General Plan, and with any applicable Specific Plans and design guidelines in that: 1) the project site has a General Plan land use designation of Single Family Residential and the residential addition will be consistent with the residential use of the property; 2) the residential addition is well designed in relation to surrounding properties and will be designed and painted to match the existing residence; and, 3) the residential addition has been located and designed to be integrated within the existing and surrounding residences which are mix of one -story and partial two-story buildings. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the residential addition, as proposed, meets all applicable development regulations including building height, setbacks and lot coverage; 2) the residential addition is well designed in relation to the existing single-family residence in terms of colors, materials and architectural design. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) the residential addition is designed to integrate with the surrounding residences which includes a mix of single-story and partial two-story homes; 2) the residential addition will meet all required minimum setbacks in accordance with the Dublin Zoning Ordinance; 3) the residential addition will not exceed the maximum allowable lot coverage for the R-1 zoning district in which it is located; and, 4) the residential addition incorporates colors and materials which are consistent with the existing single family home and surrounding residences. D. The subject site is suitable for the type and intensity of the approved development in that: 1) the subject site is a 6,118 square feet lot located in the R-1 Single Family Residential Zoning District with an existing single-story 1,846 square foot residence (including garage). The addition is designed to match the existing residence and surrounding neighborhood which is comprised of both single-story and partial two-story homes; 2) with the residential addition, site improvements will not exceed the maximum 35% lot coverage as required in Chapter 8.36 Development Regulations of the Dublin Zoning Ordinance; and, 3) the residential addition meets all minimum setbacks for R -1 single- family residences as required in Chapter 8.36 Development Regulations of the Dublin Zoning Ordinance. E. Impacts to existing slopes and topographic features are addressed in that: (1) the site is generally flat and no grading is proposed to the overall site. F. Architectural considerations, including character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the residential addition has been designed to integrate with the existing single-family residence and surrounding residences in terms of colors, materials 5.1.d Packet Pg. 31 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 3 of 7 and architectural design; 2) the residential addition is for a 176 square foot ground-floor expansion and relocation of the kitchen, and a 900 square foot second story addition over the existing garage and expanded kitchen; and, 3) the addition will feature a stucco finish painted to match the existing residence; composite shingles to match the existing roofing; and new wood trim for all windows, existing and new, and the garage door. G. Landscape considerations, including location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: (1) the proposed project will not create new landscaping, and will not impact the existing landscaping; and, 2) the applicant will continu e to maintain the existing landscaping and repair or replace the good neighbor fence located on the west property line. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) the proposed additions will be located and outside of all required setbacks and will not impact circulation. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin hereby affirms the Community Development Director’s decision and approves the Site Development Review Permit for the Lau residential addition as shown on the project plans dated April 12, 2018 and included as Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits, and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: GENERAL 1. Approval. This Site Development Review approval for the Lau Residence is to allow for the construction of a 1,076 square foot residential addition, which includes a 176 square foot addition to the ground floor and a 900 square foot addition to the second story to the existing 1,846 square foot single-story residence (including garage) located at 6735 Maple Drive. (PLPA-2018-00002). This approval shall be as depicted and indicated by the plans prepared by PL On-going 5.1.d Packet Pg. 32 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 4 of 7 Yung Chen dated received by Dublin Planning on April 12, 2018, (included as Exhibit A) and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Site Development Review approval becomes effective 10 days following action by the Planning Commission unless appealed before that time in accordance with the Dublin Zoning Ordinance. PL On-going 3. Permit Expiration. Construction or use shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. PL 1 year from Approval 4. 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. PL 1 year from Approval 5. Modifications. The Community Development Director may consider modifications or changes to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. PL On-going 6. Revocation of Permit. The Permit approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 7. Requirements and Standard Conditions. The Applicant/Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Various Issuance of Building Permits or Installation of Improvements 5.1.d Packet Pg. 33 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 5 of 7 Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Fees. Applicant/Developer shall pay all applicable fees in effect, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In- Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Various Issuance of building permits 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant’s/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 10. Clarifications to the Conditions of Approval. In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the PL On-going 5.1.d Packet Pg. 34 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 6 of 7 Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. 11. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to existing/surrounding businesses and/or residences. PL Through Construction and On-going 12. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter- free site. PL Through Construction 13. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. Various During Construction 14. Construction Hours. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by- case basis. Note that the construction hours of operation within the public right of way are more restrictive. PW During Construction 15. Colors, Materials and Design. The proposed colors, materials and design for the addition shall be consistent with the existing residence, as noted on the approved project plans. All exterior finishes shall blend evenly with the existing residence with no visual distinction between the existing home and the addition. PL Final Inspection PASSED, APPROVED AND ADOPTED this 22th day of May 2018 by the following vote: 5.1.d Packet Pg. 35 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 7 of 7 AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 5.1.d Packet Pg. 36 At t a c h m e n t : 4 . R e s o l u t i o n A f f i r m i n g t h e C o m m u n i t y D e v e l o p m e n t D i r e c t o r ' s D e c i s i o n a n d A p p r o v i n g t h e P r o j e c t ( L a u A p p e a l ) 5. 1 . e Pa c k e t P g . 3 7 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 3 8 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 3 9 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 4 0 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 4 1 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 4 2 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal) 5. 1 . e Pa c k e t P g . 4 3 Attachment: 5. Exhibit A to Attachment 4 Proposed Project Plans (Lau Appeal)