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HomeMy WebLinkAbout03-22-2005 PC Minutes œfannino Commission ::M.inutes CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 22, 2005, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:00 p.m. ROLL CALL Present: Chair Schaub, Commissioners Biddle, Fasulkey, King, and Wehrenberg; Kristi Bascom, Senior Planner; Jeff Baker, Associate Planner and Maria Carrasco, Recording Secretary. ADDITIONS OR REVISIONS TO THE AGENDA - MINUTES OF PREVIOUS MEETINGS - The February 22, 2005 minutes were approved as submitted. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any item, which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person may arrange with the Planning Manager (no later than 11:00 a.m., on the Tuesday preceding a regular meeting) to have an item of concern placed on the agenda for the next regular meeting. WRITTEN COMMUNICATIONS Ms. Bascom stated that a letter was submitted by the Brycesons regarding their application. PUBLIC HEARINGS 8.1 P A04-036 Cuellar Garage Conversion Conditional Use Permit - The Applicant requests approval of a Conditional Use Permit to convert the garage to residential living space at 7697 Canterbury Lane. Chair Schaub opened the public hearing and asked for the staff report. Jeff Baker, Associate Planner presented the staff report. He explained that the applicant requests approval of a Conditional Use Permit to convert the existing attached garage to residential living space. The converted space will be remodeled to include bedroom and bathroom to accommodate the applicant's growing family. The proposed project will include two unenclosed parking spaces in the existing driveway. The project site is located at 7697 Canterbury Lane with a General Plan Land Use designation of single family residential. Required findings must be made in order to approve a Conditional Use Permit. The City of Dublin Zoning Ordinance contains off-street parking requirements by use type. A single- family residence is required to provide two parking spaces within an enclosed garage. However, the Zoning Ordinance allows the conversion of an existing garage to residential living space by way of a Conditional Use Permit as long as two unenclosed parking spaces can be provided elsewhere on the lot. œfannin¡¡ Commission 39 !Mardi ZZ, Z005 tJ(¡¡Jufar !M.eetin¡¡ The applicant has proposed to provide two unenclosed parking spaces in the existing driveway. Condition 4 has been provided to ensure that two parking spaces are provided in the driveway. If this Conditional Use Permit request is approved, the Applicant will be required to submit a building permit application for the work associated with the garage conversion. The City of Dublin Zoning Ordinance requires that findings be made in order to approve a Conditional Use Permit. The proposed use and related structure is compatible with other land uses, transportation and service facilities in the vicinity. The conversion of garage space to living space does not change the primary use of the structure as a single-family home. 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. However, the Zoning Ordinance does not require vehicles to be parked in the garage, it only requires that the enclosed parking spaces exist, except in the case of a garage conversion. 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 provision of public utilities and services to the site. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. 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 a vehicle from being parked in the space, there will still be two parking spaces in the driveway, and the property will still be used as a single-family home. 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 Single-Family Residential (R-l). The purpose of the R-l Zoning District is to "provide land to accommodate housing units which meet the diverse economic and social needs of the residents". The intent of the R-l 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 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. The project site is not located within a specific plan area. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. Staff finds that 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. For the conversion of single-family residential garages to living space, architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to ensure compatibility of the development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. The applicant has proposed to replace the existing garage door with double hung windows that are consistent with existing windows and with the architectural character of the surrounding residences. The Building Division has reviewed the proposed conversion for conformance with current building code requirements. œfannÍ1lfJ Commission 1J!.¡¡¡ufar!Møetin¡J 40 !March Z2, 2005 The proposed windows do not appear to meet minimum egress standards. The size of these windows may need to be increased to meet egress standards. Therefore, Condition 10 has been included which requires review and approval of the revised window specifications by the Community Development Director to ensure that the windows are consistent with the architectural character of the residence. As previously stated, the plans show a carport and dual concrete tire tracks on the north side of the residence. The applicant has withdrawn these elements from the project at Staff's request. The Zoning Ordinance (Section 8.76.070.A.14.a.l) states that no parking is permitted in the front yard of a single-family home. The concrete tire tracks would have facilitated parking vehicles in this area of the front yard. Additionally, Staff does not believe that the tire guides and carport are consistent with the character of the surrounding residences. Mr. Baker stated that Staff concludes that this application meets the minimum findings required to approve the Conditional Use Permit, as stated on the attached resolution. Staff recommends that the Planning Commission approve the Conditional Use Permit to allow the conversion of a garage to residential living space. He stated he was available for questions. Chair Schaub stated that 75% of homes in Dublin are covered by CC&R's. There are only a small group of homes without CC&R's. Chair Schaub asked how many houses has the City approved the removal of a garage door and replaced with façade. Mr. Baker said the City has approved 4 garage conversions since 1982 and one has had the garage door removed and replaced with windows and façade Cm. Biddle stated that many cities do not allow garage conversions. He asked for clarification that the City of Dublin amended the Zoning Ordinance to allow conversions. Mr. Baker stated that is correct. There was direction from the City Council in 2003 to review and evaluate the ordinance. The ordinance was modified to permit garage conversions. Cm. King stated that the Planning Commission spent a lot of time discussing the issue and came up with requirement that garage conversion come before the Planning Commission for review. The Planning Commission was very concerned about the aesthetics. Cm. Wehrenberg asked if the projects are reviewed by two different people. She state there was a difference with the conditions of approval for the Cuellar garage conversion and the Bryceson garage converSIOn. Mr. Baker stated there are several people in the Building Department that review projects and very possible that two different people reviewed these projects. These projects are required to meet building code regulations. Cm. Biddle asked what were the positives and the negatives on removing the garage door. Mr. Baker stated that in developing the ordinance, in review the minutes and staff reports, there was not a direct discussion on removing or keeping the door. Findings were added to require architectural considerations. Cm. Fasulkey stated that they did not want to get into having the door or removing the door. The ordinance was wet up to leave it a little broad to allow new commissioners to apply their standards. œfannin¡¡ Commission tJ(¡¡Jufar !Møetin¡J 41 !March 22, 2005 Cm. King asked if neighbors were notified about the garage conversion. Mr. Baker stated public hearing notices were mailed out to residents within a 300 foot radius of the property . Chair Schaub asked if there were anymore questions of Staff; hearing none, he called on the Applicant. Mr. Cueller stated he came in for garage conversion because not everyone can afford a new house. He explained that he is from So. America and his parents spend 6 months in America and 6 months in South America. He explained that his lot is very big and has the space to create a separate garage for parking and storage. He would really like to keep garage conversion as proposed with the window up front. He stated that he plans to put in a landscaping design in front of the window. He thanked the Commission and asked for their approval. Cm. King asked if he wanted to have windows where the garage door. Mr. Cueller said yes. He stated that in his opinion if you are going to do the job, do it well. He wants the front of his house to appear completed. Cm. King asked Mr. Cuellar what he believes is better for the value of the house. Mr. Cuellar stated that he does not now much about real estate. Cm. Wehrenberg asked if the room is for his parents. Mr. Cueller said yes. They are getting old and as the oldest son, it is his responsibility to take care of his parents. Cm. Wehrenberg asked if he will be doing the work himself. Mr. Cueller stated he will do some of the work and will have someone to help him. Cm. Biddle asked him if he understands the process Mr. Cueller stated yes. He wants to work with the City and do everything right. Bob Wright, 7273 Bedford Way stated his concern is the parking and does not want to see a 3 bedroom house turn into a 7 bedroom house. Chair Schaub closed the public hearing. He drove through all the houses in the area from San Ramon to Stagecoach. There is one house that has been approved with no garage door. He stated the Commission is making a decision on behalf of 25 % of the residents without CC&R's. There are other homes in this neighborhood that could use code enforcement. Dublin's seems to be managing this area as a light industrial instead of residential area. He stated that it is bothersome to change the architectural design and change the look and feel of the neighborhood. It is not because of the conversion of the garage but the changing of architectural features. Cm. Biddle asked for clarification on what CC&R's are. Ms. Bascom stated covenant, codes and restrictions. œfannÍ1lfJ Commission IJ!.¡gufar !Møetin¡J 42 !Mardi 2Z, 2005 Chair Schaub stated homes with CC&R's are much stricter and would not allow garage conversions. Cm. King asked if the concern is with the conversion or the garage door. Chair Schaub stated he is concerned with the removal of the garage door and changing the architectural feature of the home. Cm. Biddle stated the Planning Commission has the advantage now to control the conversions because they are reviewed on a case by case basis. Cm. Biddle asked if a conversion like this is done and the doorframe is taken out could it be reinstalled if they want to sell the house. Mr. Baker stated that to his understanding the header of the garage door is kept in place. It is a considerable amount of money but the bones are there so it could be done. Cm. Wehrenberg stated that she lived on a similar lot and there were a lot of conversions going on without permits. She appreciates that Mr. Cuellar came in to do it the right way. There was extensive discussion between the Planning Commission discussion on whether to leave the garage door or remove the garage door and the look of the front of the house. Cm. Fasulkey explained that the previous garage conversion approval were due to a code enforcement issue and legalizing an existing conversion. Cm. Biddle stated that based on the prices of housing in the community a garage conversion is one option for a growing family. Chair Schaub stated he does not have a problem with the conversions but has a problem with changing the architecture. Cm. King asked Staff how a garage conversion will affect the value of the home. Ms. Bascom stated Staff did not look at how the conversion would affect the value of the home. Cm. King asked Chair Schaub if his concerns are the aesthetics of the home. Chair Schaub stated that removing the door will change the look and feel of the neighborhood. Cm. Fasulkey stated it is really a matter of choice. He personally likes the look of the house without the garage door. He stated that many of the new homes have garages in the rear of the property. Chair Schaub stated he is referring to this project within this neighborhood. Cm. King stated he is inclined to approve it with the window but does not want to set any type of precedence. Cm. Fasulkey stated there could be a requirement to cut the driveway. œfannin¡¡ Commission tJ(¡¡Jufar !Meetin¡¡ 43 !March ZZ, 2005 Chair Schaub stated one house that was approved for a conversion had the required of removing part of the driveway but it was not done. Mr. Baker stated that it could be added as a conditional of approval and through the plan check process verify it is on the plan and require Planning to check it. Cm. King asked Cm. Fasulkey if he was thinking of a planter or something at ground level. Cm. Fasulkey stated something that is consistent with the house. There was discussion on the landscaping in front of the window. Ms. Bascom stated that there needs to be 20 feet of pavement left which is a requirement of the City. Ms. Bascom reminded the Planning Commission that garage conversions come to the Commission on a case by case basis. On motion by Cm. Fasulkey, adding a condition regarding the landscaping and removing a portion of the driveway, seconded by Cm. Wehrenberg with Chair Schaub opposed, and by vote or 4-1-0 the Planning Commission adopted RESOLUTION NO. 05-22 A RESOLUTION OF THE PLANNING COMMISSION 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 8.2 P A 04-064 Bryceson Garage Conversion Conditional Use Permit - The Applicant requests approval of a Conditional Use Permit to convert a portion of the garage to habitable floor area for the addition of a new 121 square-foot bedroomj den, pursuant to Zoning Ordinance Chapters 8.12, 8.76, and 8.100. Chair Schaub opened the public hearing and asked for the staff report. Pierce Macdonald, Associate Planner presented the staff report. She explained that The Applicants, Robert and Tonia Bryceson, are requesting approval of a Conditional Use Permit to allow the conversion of a portion of their enclosed garage space for the addition of a new bedroom or study to their living area, pursuant to Zoning Ordinance Chapters 8.12, 8.76, and 8.100. According to the Applicants' Written Statement, the purpose of the project is to increase the habitable floor area of the home to accommodate the space needs of the Applicants' family (5 children and 2 adults) in the existing three-bedroom home. The new room would be approximately ten (10) feet by ten (10) feet with a three- (3) foot by seven- (7) foot closet for a total of approximately 121 square feet. A new window on the west elevation would provide natural light to the new living area. Staff reviewed issues of required parking, architectural design, health and safety, compatibility with adjacent uses and the California Environmental Quality Act. As proposed in the project application, two full -size (9 feet by 20 feet) parking spaces would be provided on the existing driveway of the home to satisfy the off -street parking requirements of the Zoning Ordinance. In addition, one full-size enclosed parking space would remain in the existing garage. The garage door would œfa""Í1Ifj Commission tJ(¡¡Jufar !MmÍ1lfj 44 !March 22, Z005 remain. Conditions of Approval have been recommended by the City's Building Division and Police Department to ensure that the project meets health and safety standards. These Conditions of Approval have been added to the draft Resolution. The proposed conversion of garage space to living space would not change the primary use of the structure as a single-family home, which is located in a residential neighborhood consisting of other single-family homes. Approval of the garage conversion project would not have an adverse impact on the surrounding neighborhood, as there are no parking restrictions along the section of public right-of- way adjacent to the property (Amador Valley Boulevard) nor is there an existing parking deficiency in the neighborhood that may be made worse by the project. The findings that the proposed conversion of garage area to habitable living area is compatible with the residential uses in the vicinity can be made. Staff recommends that the Planning Commission approve the Conditional Use Permit for a garage conversion at 7052 Amador Valley Boulevard. The Applicant could not be at the meeting but presented a letter stating why and asked for his approval. Chair Schaub stated the Commission should be making decisions on land use not on whether someone is a good citizen. The letter that was submitted is nice but it does not affect the Planning Commission's decision to make a change of land use. Cm. King stated that one of the findings the Commission is required to make is that the project is not detrimental to the health and safety, welfare, or injurious to the surround properties. He stated that he believes that as a Commission they should also be looking at whether people can be accommodated regarding the size of their home. Cm. Fasulkey stated that he view the letter in a completely different way. This is a person who could not afford a house and has managed to recently purchase his home. It looks like he works for a Presbyterian Church make volunteer type wages. This is the exact reason why the Commission should want to keep people like this in the community. Cm. Wehrenberg stated it is a Conditional Use Permit and if he violates the permit, it could be revoked. Chair Schaub stated the approval will be changing the use of this house. Cm. Fasulkey stated that the Commission approves garage conversion on a case by case basis. If a conversion request comes in, there are two other conversions on that street and there is a parking issue the project can be denied. It is set up at the Planning Commission's discretion. Cm. King asked what the range of the Planning Commission's discretion is. Cm. Fasulkey asked Staff for clarification on the scope of the findings. Ms. Bascom stated the findings for a Conditional Use Permit for a garage conversion are very broad. Findings are made that the project is not detrimental to the public welfare, and compatible to the neighborhood. The findings can be interpreted in different ways. Chair Schaub stated what about the resident that only has one car and has a garage conversion. They sell the house and the next person comes in with 7 cars. The neighborhood is now hit with 6 extra cars. The concern is the Commission is looking at the individual and not the property. Cm. Wehrenberg stated that if the neighbor complains to the City, the Code Enforcement Officer can enforce the codes. œfa"nin¡¡ Commission lJ!.¡eufar !M.eetin¡¡ 45 !March 2Z, 2005 Cm. Fasulkey stated that the Planning Commission can "what if" this to death. The Planning Commission needs to use their best judgment for that particular conversion and whether it has a negative impact on the neighborhood. He stated that if a resident has seven cars and parks all seven cars in a cul-de-sac, that adversely affects the neighborhood. Chair Schaub stated he still does not see what that has to do with the land use. Cm. Biddle stated it is good to have some of these discussions. He stated that parking is always an issue whether it is residential or commercial. Cm. King stated that if enough garages are converted on the same street because of too many kids, at some point those kids are going to have cars. Cm. Fasulkey stated that City Council approved the ordinance. The Planning Commission was given direction to review the situation. Staff pulled data from many other cities and brought it before the Planning Commission and the City Council for review. There will be a time when the Commission will have to turn down a garage conversion based on adverse affects to the neighborhood. Cm. Biddle stated this garage conversion is a little different than the previous because the door is remaining. The new room will be ten feet by ten feet with no modifications to plumbing. He asked if a false floor would be required. Ms. Macdonald stated that the project will be subject to a building permit and will have to build a floor to be level with the rest of the house. Cm. Biddle asked if it will meet handicap requirements. Ms. Macdonald stated yes. On a motion by Cm. Wehrenberg, seconded by Chair Schaub, by a 5-0, the Planning Commission unanimously adopted RESOLUTION NO. 05 - 23 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONVERSION OF A GARAGE TO RESIDENTIAL LIVING SPACE FOR THE PROPERTY AT 7052 AMAODR V ALLEY BOULEV ARD, P A 04-064 (APN 941-0204-004) OTHER BUSINESS - None ADJOURNMENT - The meeting was adjourned at 8:30 p.m. œfannin¡¡ Commission IJ!.¡gufar !Meeting 46 !Mardi 22, 2005 Respectfully submitted, ~- Planning Commission Chairperson ATTEST: \Æ£~~~. A&hÆ1~ ~i Manager I J œfa"nin¡¡ Commission tJ(¡¡Jufar !Meeting 47 !March 22, 2005