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HomeMy WebLinkAboutPC Reso 85-054 PA 85-087 Shamrock Pl and elimination of Fronyard setback for off-street parking space RESOLUTION NO. 85-054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 85-087.1 AND .2 GOMEZ (OWNER) WOODRUFF (APPLICANT) CONDITIONAL USE PERMIT AND VARIANCE REQUESTS TO ALLOW THE CONSTRUCTION OF A SECOND DWELLING UNIT AT 8757 SHAMROCK PLACE AND THE ELIMINATION OF THE FRONTYARD SETBACK FOR THE THIRD REQUIRED OFF-STREET PARKING SPACE. WHEREAS, Martin Woodruff of the firm of Silvaggio, Woodruff, and Associates, Inc. filed Conditional Use Permit and Variance requests on behalf of Penny Gomez, the property owner of 8757 Shamrock Place; and WHEREAS, the applications respectively requested the approval of an 875+ square foot second unit addition (part of an overall 2,485+ planned addition) and approval of a parking variance to allow the elimination of the setback for the third off-street parking space; and WHEREAS, the adopted City of Dublin Zoning Ordinance, as amended, provides for the establishment of second units in R-1 Districts where specified minimum development criteria are observed as determined through the Conditional Use Permit process; and WHEREAS, the Planning Commission did hold public hearings on said applications on November 18, 1985, and December 2, 1985; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, these applications have been reviewed in accordance with the provisions of the California Environmental Quality Act and have been found to be categorically exempt; and WHEREAS, the Planning Commission finds that the Conditional Use Permit and Variance requests will not have significant environmental impacts; and WHEREAS, the Staff Report was submitted recommending that the Conditional Use Permit and Variance applications be approved; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use, if conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not overburden public services; and -1- WHEREAS, the proposed land use will not adversely impact area traffic, utility capacity, access and mobility for handicapped or disabled persons, adjacent properties or the neighborhood in general; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a) Approval of the second unit serves to provide development of a small rental housing unit specifically designed to meet the special housing needs of the owners of the subject property; b) Approval of the second unit will allow more efficient use of the City's existing housing stock and the subject residential property; c) The proposed floor plan and elevations submitted by the applicant for the residential addition will provide for quality residential construction practices and will protect property values and the single-family character of the neighborhood; d) The use, as conditioned by this Resolution, will be properly related to other land uses, transportation, and service facilities in the vicinity, and will not be in conflict with existing surrounding residential uses; e) The use will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met; f) The use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located, as the proposed use will be compatible with surrounding residential uses; g) In regards to the parking variance, there are special circumstances including size, shape, and the site's current land use which are applicable to the property and which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification; h) Granting of the Variance application will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone; i) Granting of the Variance application will not be detrimental to persons or property in the neighborhood or to the public welfare; j) The approval of the Conditional nd Variance will beconsistentwiththeDublin General ePlan;rmit aand BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application as shown by materials labeled Background Attachments 3 and 4 and on file with the Dublin Planning Department, subject to the following conditions: 1. Construction of the second dwelling unit shall be generally consistent with the site plan, floor plans, and elevations consisting of seven sheets prepared by Silvaggio, Woodruff, and Associates, Inc., submitted with the application and dated received October 1, 1985, as further reflected by the written statements dated received October 1, 1985 and November 7, 1985, and the revised site plan dated received November 7, 1985. -2- 2. The permit is issued to the owner, Penny L. Gomez, only and shall not be transferable. A new Conditional Use Permit/Variance approval must be secured if the property ownership changes and the new owners desire to maintain use of the second dwelling unit. The six-month occupancy requirement outlined in the City's second unit ordinance may be waived in the case of a change of ownership. 3. The architectural design and proposed exterior materials and finish shall be subject to final review and approval by the Planning Director prior to the issuance of a building permit for the proposed addition. Final plans must be submitted a minimum of 30 days prior to the issuance of a building permit. The proposed remodeling/addition shall utilize exterior materials to match or complement the exterior materials of the existing structure. 4. Failure to establish the use within two years of the effective date of the permit will cause the permit to become null and void. The approval shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. 5. An encroachment permit for the widening of the driveway shall be secured in conjunction with the filing for a building permit. The design of the driveway widening shall be subject to review and approval by the Planning Director. The driveway width shall be modified to a minimum of 25 feet with the majority of the additional width to be secured from the north side of the existing driveway. 6. Prior to the issuance of a building permit for the proposed addition, the concrete work installed between the curb and the sidewalk along the north property line shall be removed. Alternatively, the owner may attempt to secure an encroachment permit for this work, which is within the public right-of-way on Glenoaks Way. If the encroachment permit is denied, the concrete work shall be removed bythe owner prior to occupancy of the second unit. 7. The interior layout and/or use of the garage shall be modified and maintained as necessary to allow interior parking of two passenger cars. 8. A deed restriction shall be filed by the owner establishing that the occupancy requirements for the two residences shall be as outlined by Section 8-22.6.2(8) of the Zoning Ordinance and shall be further limited to require occupancy of one of the two units (when both units are occupied) by a person or persons age 60 or older, or by a handicapped person or persons. Said deed restriction shall also establish that within six months of termination of use of the second dwelling unit, modifications to the unit shall be made to convert the structure to a single-family residence (i. e., remove kitchen facilities and tie units together internally). The deed restriction shall be subject to review and approval by the City Attorney prior to recordation and shall be recorded prior to the issuance of a building permit for the second unit. 9. New landscaping shall be established for the following two areas of the subject property: a. The 25' x 5'+ area at the southwest corner of the lot (i.e., the narrow rectangular area adjoining the side property line running from the southwest corner of the property to a point approximately five feet east of the southwest corner of the existing garage). b. The 30' x 5'+ area at the base of the north elevation of the building. The landscape plan shall be subject to review and approval by the Planning Director prior to the issuance of a building permit for the proposed addition. Landscaping shall be installed prior to occupancy of the second dwelling unit.. -3- 10. The existing unscreened storage along the north side of the house shall be moved and kept behind a fenced yard area. 11. The fiberglas addition atop the wall along the north property line shall be removed. Alternatively, the owner of the property shall file a fence height variance request for the height in excess of that allowed by the Zoning Ordinance. One of these two options shall be followed prior to the issuance of a building permit for the proposed additions. The wall shall be painted or treated in a manner necessary to cover or eliminate the existing painted graffiti. 12. The block wall in front of the house along the south property line shall be modified as necessary to be located entirely outside the public right-of-way and to observe the four-foot minimum height restriction that applies to walls located within frontyard areas. These modifications shall be made prior to the issuance of a building permit for the proposed addition. 13. The wall/gate at the southwest corner shall be removed and an upgraded fence/gate (as regards construction materials) shall be established with a minimum setback of five feet from the front (west) face of the existing garage. 14. The existing garage door shall be replaced with a new door, or upgraded to a "first-class" condition. Any window cuts and glazing shall be maintained in comformance with Building Code requirements. 15. The roof line of the new roof shall be redesigned at the north side of the structure to utilize a north-facing hip roof (as opposed to a continuous north-to-south shed-type peaked roof) to architecturally soften the height and massiveness of that proposed building elevation. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1985. AYES: Barnes, Petty and Raley NOES: Cm. Mack ABSENT: Cm. Alexander `f Planning mmission Chairman ATT Planning Director -4-