HomeMy WebLinkAboutPCReso03-49 PA03-059 7944 Oxbow Ct Garage Conv CUP RESOLUTION NO. 03 - 49
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 PROPERTY AT
7944 OXBOW COURT (APN 941-1'72-42)
PA 03-059
WHEREAS, Douglas and Elaine Paterson, Property Owners and Applicants, have requested
approval of a Conditional Use Permit to allow the conversion of a garage to residential living space for
property at 7944 Oxbow Court 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 September 19, 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
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 July
8, 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 will have two unenclosed parking spaces located in the driveway that can be used for
parking vehicles.
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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.
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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.
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.
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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 as proposed 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 03-059, a request for a Conditional Use Permit to allow the conversion of a garage to residential living
space for property at 7944 Oxbow Court, subject to the following Conditions of Approval:
1. Construction on the garage conversion permitted by this Conditional Use Permit 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. The approval period
may be extended for six (6) additional months by submitting a written request for extension to the
Planning Manager prior to the expiration date. Any extension will be based on a determination that the
conditions of approval remain adequate to assure that the stated findings of approval will continue to be
met.
2. 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. ·
3. Two off-street parking spaces shall always be provided on the site for the parking of vehicles.
4. This Conditional Use Permit will be revocable for cause in accordance with Section 8.96.020.I of the
Dublin Zoning Ordinance.
5. The construction associated with this Conditional Use Permit shall be comply with Uniform Building
and Fire Codes as adopted by the City of Dublin in effect at time of issuance of Building Permits.
Smoke alarms shall be provided in accordance with the Building Code.
6. Complete Architectural; Structural and Title 24 Energy Plans are required, and the Applicant shall pay
all required Permit Fees in effect at time of issuance of Building Permits.
PASSED, APPROVED AND ADOPTED this 28th day of October 2003.
AYES: Jennings, Nassar, King, Fasulkey
NOES:
ABSENT:
ATTEST:
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