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HomeMy WebLinkAboutPC Reso05-22 04-036 Cueller Garage Conversion CUP RESOLUTION NO. 05 - 22 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 THE PROPERTY AT 7697 CANTERBURY LANE (APN 941-0176-019) P A 04-036 WHEREAS, Luis Cuellar, Property Owner and Applicant, has requested approval of a Conditional Use Pennit to allow the partial conversion of a garage to residential living space for property at 7697 Canterbury Lane in a Single Family Residential (R-1) 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 November 1,2004; 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 March 22, 2005; 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. B. 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 horne, which is located in a neighborhood comprised of the same. C. 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. D. 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. 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 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 ofthe use at the site. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or perfonnance standards established for the zoning district in which it is located. The property is zoned Single-Family Residential (R-1). 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 Pennit 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. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, PA 04-036, a request for a Conditional Use Pennit to allow the conversion of a garage to residentia1living space for property at 7697 Canterbury Lane, subject to the following conditions: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building pennits or establishment of use, and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLJ Planning, rB] Building, [PO] Police, rpWl Public Works [ADMl Administration/City Attorney, rFINJ Finance, [Fl Alameda County Fire Department, [DSRSD] Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. 2 GENERAL CONDITIONS 1. Permit Validity. This Conditional Use Pennit shall be valid for the remaining life of the approved structure so long as the operators ofthe subject property comply with the project's conditions of approval. Permit Expiration. Construction or use shall commence within one (1) year of Pennit approval or the Pennit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Pennit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Pennit has expired, the City may hold a' noticed public hearing to detennine the matter. Such a detennination may be processed concurrently with revocation proceedings III appropriate circumstances. If a Pennit expires, a new application must be made and processed according to the re uirements 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 detennination 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 re uired b the articular ennit. Parking. Two, full-size (20' x 20') parking spaces shall remain available and accessible on the existing driveway for the arkin of vehicles. Property Maintenance. The property shall be maintained in accordance with Section 5.64, Property Maintenance of the Dublin Munici al Code. Permit Revocation. This Conditional Use Pennit will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zonin Ordinance. Building Codes and Ordinances. All project construction shall confonn to all building codes and ordinances in effect at the time of building ennit. 2. 3. 4. 5. 6. 7. 3 PL Ongoing Standard PL Ongoing Standard PL Ongoing Standard PL Ongoing Standard B Ongoing Standard PL Ongoing Standard B Through UBC Completion 8. Building Permits. To apply for building permits, the Applicant shall submit five (5) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of lans. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site). Any change in the design or materials used for the windows shall first be subject to review and approval by the Community Develo ment Director. Landscape. Install at grade, landscaping in front of the garage modification. This will consist of removing a portion ofthe driveway. Driveway to remain at least 20 feet in len tho 9. 10. 11. B Prior to CUP issuance of Building Permits B Prior to CUP issuance of Building Permits On-going Planning PL PL Prior to Planning finalizing Permit PASSED, APPROVED AND ADOPTED this 22nd day of March 2005. AYES: Cm. Biddle, Fasulkey, King, and Wehrenberg NOES: Chair Schaub ABSENT: ABST AIN: ~/ ¿z/ u- Planning Commission Chairperson ATTEST: Pll~~.f.~ J A &f,~_ G:\P A#\2004\04-036 Cuel1ar Garage Conversion \PC Reso.doc 4