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HomeMy WebLinkAboutPC Reso 09-03 Deny Boarding Hse CUP PA08-023 3608 Oakhurst CtRESOLUTION NO. 09 - 03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING WITHOUT PREJUDICE A CONDITIONAL USE PERMIT TO OPERATE A BOARDING HOUSE WITH UP TO 12 BOARDERS IN THE PD (PLANNED DEVELOPMENT) ZONING DISTRICT WITH A REDUCTION IN REQUIRED ON-SITE PARKING LOCATED AT 3608 OAKHURST COURT (APN 985-0017-042) PA 08-023 WHEREAS, the Applicant, Dongho Kim, CEO of Iroenet America Inc., has requested a Conditional Use Permit to operate a boarding house with up to 12 boarders and in which up to 16 people may live (12 boarders, two caretakers and two children related to the caretakers) and a reduction of three parking spaces in required on-site parking at 3608 Oakhurst Court, APN 985-0017-042, in the PD (Planned Development) Zoning District; and WHEREAS, the Applicant submitted project plans and a written description for the requested entitlement which was received by the Planning Division on July 2:5, 2008. A revised written statement was received on December 18, 2008; and WHEREAS, the proposed boarding house would be located within an existing 3,793 square-foot single-family residence with six bedrooms; four and one-half bathrooms; a casita with a full bathroom; and an attached two car garage; and WHEREAS, the project site has a General Plan Land Use Designation of Low Density Residential (0.0 to 6.0 du/ac) and is located within the Eastern Dublin Specific Plan Area with a Specific Plan Land Use Designation of Single Family Residential (0.9 to 6.0 du/ac); and WHEREAS, the project site is zoned Planned Development which allows residential uses; and WHEREAS, the Planned Development (PA 95-030) contains standards for single family residential uses and states that the standards for single family residential in this Planned Development shall be the same as the standards for the R-1 Zoning District, ex-,ept where modified by the Planned Development; and WHEREAS, the list of permitted and conditionally permitted uses for this property are contained in Section 8.12.050 of the Zoning Ordinance and a boarding house is permitted with approval of a Conditional Use Permit by the Zoning Administrator; and WHEREAS, pursuant to Section 8.76.080.B of the Dublin Zoning Ordinance the proposed use is required to provide a total of 6 parking spaces to support the boarding house, based on the requirement that the dwelling unit have 2 parking spaces, plus 0.5 parking spaces per sleeping room; and WHEREAS, pursuant to Section 8.76.050 E of the Dublin Zoning Ordinance, a reduction in on- site parking for individual uses is permitted if the Conditional Use Permit findings can be made; and WHEREAS, parking memorandums were prepared by the City of Dublin Public Works Senior Traffic Engineer and City Engineer demonstrating that the required parking standards may be excessive; and WHEREAS, pursuant to Section 8.96.020 C.2. of the Dublin Zoning Ordinance, the Zoning Administrator transferred original hearing jurisdiction to the Planning; Commission; and WHEREAS, the California Environmental Quality Act (CEQA) does not apply to projects that are denied, therefore no CEQA compliance is required for the Planning Commission action; and WHEREAS, the Planning Commission reviewed the project during a public hearing on said application on January 13, 2009 in which all parties had the opportunity to be heard and continued the item to January 27, 2009 directing staff to prepare findings for denying the application without prejudice for reapplication; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a January 13, 2009 Staff Report was submitted recommending that the application be conditionally approved; based on the Planning Commission discussion at the public hearing, a January 27, 2009 Staff Report was submitted addressing findings for denial of the application. Both staff reports are incorporated herein by reference; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used independent judgment to make a decision; and WHEREAS, the Planning Commission finds that the proposed project is not appropriate for the subject site as set forth below. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following finding and determinations regarding said Conditional Use Permit review: A. The proposed operation of the boarding house and related structures is not compatible with other land uses, transportation and service facilities in the vicinity because: 1) the boarding house is located within an existing single-family residence surrounded by single- family homes to the north, south and west and a public; park to the east; 2) all permitted and conditionally permitted uses in the R-1 Zoning District apply to the subject property as stated in the Planned Development (PA 95-030) and the Zoning Ordinance allows a boarding house to be located in the R-1 Zoning District with approval of a Conditional Use Permit; 3) the Zoning Ordinance considers Boarding Houses to be a Multi-Family Dwelling; 4) because a Boarding House is a conditionally permitted use, findings must be made to ensure that the use is compatible with the site and with the neighborhood in which it is located; 5) the proposed number of boarders, 12, and the proposed total number of people living on-site, 16, would be significantly greater than that which would typically live in a single-family residence; 6) based on the proposed number of people which would be living within the house, the boarding house would result in an intense use for the site and therefore would not be compatible with the surrounding neighborhood in which it is 2 located; and 7) as a result, the proposed boarding house would change the existing characteristics of the single-family residential neighborhood in which it is located. B. The proposed operation of the boarding house will adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because: 1) as proposed by the Applicant, the caretakers would live within the existing casita located within the front yard of the residence with no direct interior access to the primary residence; 2) because the caretakers will not live within the walls of the residence where the children (boarders) will reside, they may not be able to provide immediate assistance to the children; 3) in the event of an emergency, such as a fire or earthquake, the caretakers may be unable to enter the primary residence in order to assist the children to exit safely; and 4) noise levels associated with the possibility that up to 16 people, 14 of which may be children living within this single-family residence, cannot be mitigated to a level that would not impact adjacent residents. C. The proposed operation of the boarding house will be injurious to property or improvements in the neighborhood because: 1) the proposed number of people living on- site is significantly greater than the number of people that would typically live in a single- family home; 2) the manner in which the proposed boarding house would function, with 12 paying boarders provided with meals, the use of vans to transport the children to and from school and to other activities and caretakers charged with supervision of the children, more closely resembles that of a commercial use rather than a typical single-family residential use; and 3) although a Boarding House is a conditionally permitted use in this zoning district, in this case, the proposed number of boarders represents a facility that would not be harmonious with the single family nature of the surrounding neighborhood and therefore would be contrary to improvements in the area; and 4) the establishment of a boarding house with up to 12 boarders would change the scale and character of the existing neighborhood by establishing a use which is significantly more intense in scope than a single family residence. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed operation of the boarding house, including a parking reduction, would not be detrimental to the public health, safety and welfare because: 1) the proposed boarding house, is located at an existing residential dwelling within a single- family residential neighborhood where such services are already provided and with adequate street access. E. The subject site is not physically suitable for the type, density and intensity of the proposed operation of the boarding house and related structures being proposed because: 1) the boarding house would be located within an existing single-family residence surrounded by single-family homes to the north, south and west and a public park to the east; 2) the possibility that up to 16 people may live on-site would be significantly greater than that which would normally live in a single-family residence; 3) the proposed use is permitted with a Conditional Use Permit however due to the proposed number of people living on- site the boarding house does not meet the intended use of a single-family residence and more resembles a commercial use than a residential use; and 4) as previously mentioned, although a Boarding House is a conditionally permitted use in this zoning district, in this case, the proposed number of boarders represents a use, even with conditions, that would not be harmonious with the single family nature of the site and the surrounding neighborhood. 3 F. The proposed operation of the boarding house wi,7 be contrary to the specific intent clauses, development regulations or performance standards established for the zoning district in which it is located because: 1) the boarding house would be located within an existing single-family residence; 2) the manner in which the proposed boarding house would function, with 12 paying boarders provided with meals, the use of vans to transport the children to and from school and to other activities and caretakers charged with supervision of the children, more closely resembles that of a commercial use rather than a typical single-family residential use; 3) the caretakers are proposed to live within the existing casita however the intent of the casita was not to function as a permanent living space; 4) noise impacts associated with the possibility that up to 16 people, 14 of which may be children living and playing on-site may negatively impact adjacent residents; and 5) the proposed number of boarders, up to 12, is not compatible with the characteristics of a single family neighborhood. G. The proposed operation of the boarding house is not consistent with the Dublin General Plan and with any applicable Specific Plans becatise: 1) although the proposed use is permitted with a Conditional Use Permit the density and non-residential characteristics of the proposed boarding house does not meet the intentions of the district in which it is located; 2) the boarding house as currently proposed cannot be conditioned to operate in such a manner as to limit the impact on the surrounding properties; and 3) according to General Plan Section 2.1.3 the Guiding Policy states that abrupt transitions between single- family development and higher density development on adjoining sites shall be avoided. BE IT FURTHER RESOLVED that based on the above findings, the Planning Commission hereby denies the requested Conditional Use Permit application without prejudice for reapplication. PASSED, APPROVED AND ADOPTED this 27th day of January:2009 by the following vote: AYES: Wehrenberg, King, Schaub and Swalwell NOES: ABSENT: ABSTAIN: Brown ;VEST: Actin anning Manager I Planning Commission G: IPA#120081PA 08-023 Oakhurst Court BoardinghouseWC Materials 012709WC Denial Reso FIN. ,.L 1.27.09.doc 4