HomeMy WebLinkAboutPCReso03-26 PA02-039 7820 Tamarack Dr Garage Conv CUP RESOLUTION NO. 03 - 26
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE PARTIAL
CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR PROPERTY AT
7420 TAMARACK DRIVE (APN 941-0193-094)
PA 02-039
WHEREAS, Kenneth and Cynthia Young, Property Owners and Applicants, have requested
approval of a Conditional Use Permit to allow the partial conversion of a garage to residential living space
for property at 7420 Tamarack Drive 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 Department of Community Development; and
WHEREAS, the Applicants have submitted project plans dated received July 26, 2002; 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 May
27, 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 has two unenclosed parking spaces located in the driveway and one enclosed space in the
garage which can be used for parking vehicles.
B. The proposed use and related structure is compatible with other land uses, transportation and service
facilities in the vicinity, as the conversion of the garage 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.
C. 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.
D. 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 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 part of the garage will be converted into living
space, which will prohibit a vehicle from being parked in the space, in reality the applicants do not
currently use the garage for parking their vehicles, so there is no change to the intensity of the use at
the site.
F. 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 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 Applicants do not propose altering the exterior of the building or adding any elements that
would change the appearance of the structure from the outside, so there is no concern regarding the
exterior appearance of the garage conversion.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application,
PA 02-039, a request for a Conditional Use Permit to allow the partial conversion of a garage to residential
living space for property at 7420 Tamarack Drive, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL:
This Conditional Use Permit is to allow the partial conversion of a garage to residential living space for
property at 7420 Tamarack Drive. 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. The Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.I of the
Dublin Zoning Ordinance.
1. Building Permits are required for the alteration to the dwelling. Complete Architectural; Structural and
Title 24 Energy Plans are required. 7.28.280 Dublin Municipal Code (DMC)
2. Project shall be designed and constructed to the Building Code in effect at time of issuance of Building
Permits. 7.28.340 DMC
3. Applicant shall pay all required Permit Fees in effect at time of issuance of Building Permits. 7.28.430
DMC. Because work has began without the benefit of permits the Special Investigation fees per chapter
7.28.430 C. Dublin Municipal Code shall be paid at time of issuance of the Building Permit.
4. Project shall meet the Residential Building Security Code. 7.32.220 DMC.
5. Smoke Detectors shall be installed in each sleeping room and at a point centrally located in the corridor
or area giving access to each separate sleeping area. 310.9.1.4 Uniform Building Code (UBC). The
Smoke Detectors shall receive their primary power from the building wiring and shall be equipped with
a battery backup. 310.9.1.3 UBC.
6. Laundry / Computer room and Bedroom shall have a ceiling height of not less than 7 feet 6 inches.
310.6.1 UBC
7. Occupancy separation between the Garage and Living Area (Bedroom, Laundry / computer room) shall
be or 1 hour construction on the Garage side, a self-closing, tight fitting solid-wood door 1 3/8 inches in
thickness, shall be installed at doorway between the Garage and Laundry / Computer room. Table 3-B,
and 302.4 exc 3 UBC
8. Computer room and Bedroom shall be equipped with Windows, Windows shall meet requirements of
Light and Ventilation requirements in Section 1203 UBC, and the bedroom window shall meet all egress
requirements of Section 310.4 UBC.
9. Bedroom and Laundry / Computer room shall be provided with heating facilities capable of maintaining
a room temperature of 70 degrees F at a point 3 feet above the floor. 310.11 UBC
10. The Garage shall have no openings into a room used for sleeping purposes. 312.4 UBC
PASSED, APPROVED AND ADOPTED this 27th day of May 2003.
AYES:
NOES:
ABSENT:
ATTEST:
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