HomeMy WebLinkAboutPC Reso05-22 04-036 Cueller Garage Conversion CUP
RESOLUTION NO. 05 - 22
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 THE PROPERTY
AT 7697 CANTERBURY LANE (APN 941-0176-019)
P A 04-036
WHEREAS, Luis Cuellar, Property Owner and Applicant, has requested approval of a
Conditional Use Pennit to allow the partial conversion of a garage to residential living space for property
at 7697 Canterbury Lane in a Single Family Residential (R-1) 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 November 1,2004; 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
March 22, 2005; 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.
B. 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 horne, which is located in
a neighborhood comprised of the same.
C. 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.
D. 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.
E. The subject site is physically suitable for the type, density and intensity of the use, as no new
structures are being proposed, and the conversion of the garage space will not materially change
how this particular property is being used. Although 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 ofthe use at the site.
F. The proposed use will not be contrary to the specific intent clauses, development regulations, or
perfonnance standards established for the zoning district in which it is located. The property is
zoned Single-Family Residential (R-1). 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 Pennit 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said
application, PA 04-036, a request for a Conditional Use Pennit to allow the conversion of a garage to
residentia1living space for property at 7697 Canterbury Lane, 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 pennits or establishment of use, and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval: rPLJ Planning, rB] Building, [PO] Police, rpWl Public Works
[ADMl Administration/City Attorney, rFINJ Finance, [Fl Alameda County Fire Department, [DSRSD]
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health.
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GENERAL CONDITIONS
1. Permit Validity. This Conditional Use Pennit shall be
valid for the remaining life of the approved structure so
long as the operators ofthe subject property comply with
the project's conditions of approval.
Permit Expiration. Construction or use shall commence
within one (1) year of Pennit approval or the Pennit shall
lapse and become null and void. Commencement of
construction or use means the actual construction or use
pursuant to the Pennit approval or, demonstrating
substantial progress toward commencing such construction
or use. If there is a dispute as to whether the Pennit has
expired, the City may hold a' noticed public hearing to
detennine the matter. Such a detennination may be
processed concurrently with revocation proceedings III
appropriate circumstances. If a Pennit expires, a new
application must be made and processed according to the
re uirements 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 detennination
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 re uired b the articular ennit.
Parking. Two, full-size (20' x 20') parking spaces shall
remain available and accessible on the existing driveway
for the arkin of vehicles.
Property Maintenance. The property shall be maintained
in accordance with Section 5.64, Property Maintenance of
the Dublin Munici al Code.
Permit Revocation. This Conditional Use Pennit will be
revocable for cause in accordance with Section 8.96.020.1
of the Dublin Zonin Ordinance.
Building Codes and Ordinances. All project construction
shall confonn to all building codes and ordinances in effect
at the time of building ennit.
2.
3.
4.
5.
6.
7.
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PL
Ongoing
Standard
PL
Ongoing Standard
PL
Ongoing Standard
PL
Ongoing Standard
B
Ongoing Standard
PL
Ongoing Standard
B
Through UBC
Completion
8.
Building Permits. To apply for building permits, the
Applicant shall submit five (5) sets of construction plans to
the Building Division for plan check. Each set of plans
shall have attached an annotated copy of these Conditions
of Approval. The notations shall clearly indicate how all
Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the
annotated resolutions attached to each set of lans.
Construction Drawings. Construction plans shall be fully
dimensioned (including building elevations) accurately
drawn (depicting all existing and proposed conditions on
site).
Any change in the design or materials used for the windows
shall first be subject to review and approval by the
Community Develo ment Director.
Landscape. Install at grade, landscaping in front of the
garage modification. This will consist of removing a
portion ofthe driveway. Driveway to remain at least 20
feet in len tho
9.
10.
11.
B
Prior to CUP
issuance of
Building
Permits
B
Prior to CUP
issuance of
Building
Permits
On-going Planning
PL
PL
Prior to Planning
finalizing
Permit
PASSED, APPROVED AND ADOPTED this 22nd day of March 2005.
AYES:
Cm. Biddle, Fasulkey, King, and Wehrenberg
NOES:
Chair Schaub
ABSENT:
ABST AIN:
~/ ¿z/ u-
Planning Commission Chairperson
ATTEST:
Pll~~.f.~ J A &f,~_
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