HomeMy WebLinkAboutPCReso03-43 PA03-035 7432 Dover GrgeConv CUP RESOLUTION NO. 03 - 43
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 7432 DOVER LANE (APN 941-0197-045)
PA 03-035
WHEREAS, Ray Duke, Property Owner and Applicant, has requested approval of a Conditional
Use Permit to allow the partial conversion of a garage to residential living space for property at 7432
Dover Lane 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 Community Development Department; and
WHEREAS, the Applicant has submitted project plans dated received August 8, 2003; 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 15303 (e), Class 3, as the project is a conversion of an existing small structure
from a residential garage to a living space and no modifications to the exterior of the structure will be
made; 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
August 26, 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, 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.
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 home, which is located
in a neighborhood comprised of the same.
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.
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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.
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 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 of the use at
the site.
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 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 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 garage conversion relates architecturally to the site and is compatible with the character of
adjacent buildings, neighborhoods, and uses because the existing garage door will be retained.
BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said
application, PA 03-035, a request for a Conditional Use Permit to allow the partial conversion of a
garage to residential living space for property at 7432 Dover Lane, as generally depicted on the plans
prepared by Rafaela Landron, labeled Attachment 1 to the Staff Report, consisting of two (2) sheets,
dated received July 7, 2003 and August 8, 2003, stamped approved, and on file with the Community
Development Department, subject to the following conditions:
Permit Expiration. Construction or use shall commence within one (1) year of Permit approval
or the Permit shall lapse and become null and void. Commencement of construction or use
means the actual construction or use pursuant to the Permit approval or, demonstrating
substantial progress toward commencing such construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold a noticed public hearing to determine the
matter. Such a determination may be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new application must be made and processed
according to the requirements 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 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.
Permit Validity. 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.
4. Parking. Two, full-size (20' x 20') parking spaces shall remain available and accessible on the
existing driveway for the parking of vehicles.
5. Roof Repair or Replacement. The Applicant shall repair or replace the existing roof of the
residence prior to applying for building permits for the partial garage conversion.
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Gutter/Downspout Repair Or Replacement. The Applicant shall repair or replace the broken
gutter/downspout on the northeast comer of the residence prior to applying for building permits
for the partial garage conversion.
Removal of Air Conditioning Unit. An air conditioning unit blocks egress from the northern
most front bedroom. Prior to the issuance of building permits for the partial garage conversion,
the air conditioning unit shall be removed and the window restored to provide egress. If the air
conditioning unit were to be reinstalled through the wall, a building permit would be required.
8. Property Maintenance. The property shall be maintained in accordance with Section 5.64,
Property Maintenance of the Dublin Municipal Code.
9. Permit Revocation. This Conditional Use Permit will be revocable for cause in accordance
with Section 8.96.020.I of the Dublin Zoning Ordinance.
10. Building Codes and Ordinances. All project construction shall conform to all building codes
and ordinances in effect at the time of building permit.
11. Building Permits. To apply for building permits, the Applicant shall submit five (5) sets of
construction plans to the Building Division for plan check. Construction plans shall be fully
dimensioned (including building elevations) and accurately drawn (depicting all existing and
proposed conditions on site).
12. Addressing. A backlit address shall be installed on the front of the residence.
13. Residential Security Ordinance. The Applicant shall comply with all applicable City of Dublin
Residential Security Ordinance Requirements.
PASSED, APPROVED AND ADOPTED this 26th day of August 2003.
AYES:
Cm. Fasulkey, Jennings, Nassar, King and Machtmes
NOES:
ABSENT:
ATTEST:
Plann~
P'ianning (~mrr{i'~'s[0[~ Chairp~n
G:LPA#~2003\03-035 Duke Garage Conversion~PC Reso.doc
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