REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento

Transcription

1 REPORT TO PLANNING AND DESIGN COMMISSION City of Sacramento 915 I Street, Sacramento, CA To: Members of the Planning and Design Commission PUBLIC HEARING April 16, 2015 Subject: Hampton Station Unit No. 1 - Lot 16 (P14-047) Conditional Use Permit Modification, a request to reduce the previously approved rear setback for a single-unit dwelling, and a Site Plan and Design Review deviation request to allow a rear yard fence to exceed six feet in height. A. Environmental Determination: Exempt per CEQA Guidelines Section (Minor Alterations to Land Use); B. Conditional Use Permit Modification request to reduce the previously approved rear setback on one parcel of previously approved development, for a proposed new single-unit dwelling, on a parcel of approximately 0.06 acres in the Single-Unit or Duplex Dwelling (R-1A) zone; and C. Site Plan and Design Review deviation request to allow a rear yard fence to exceed the six foot high maximum by two feet. Location/Council District: 7486 Hither Way, Sacramento, CA Assessor s Parcel Number: , Council District 8 Recommendation: Staff recommends the Planning and Design Commission approve the entitlements noted above based on the findings and subject to the conditions listed in Attachment 1. The Commission has final approval authority over items A through C above, and its decision is appealable to City Council. At the time of writing this report, we have been notified of opposition from the adjacent property owner. Contact: Robert W. Williams, Associate Planner, (916) , Sandra Yope, Senior Planner, (916) Applicant: David Cobbs, Baker Williams Engineering Group, (916) , 6020 Rutland Drive, Suite 19, Carmichael, CA Property Owner: Mike Kitchell, Woodside Hampton Station Inc., 111 Woodmere Road, Folsom, CA

2 Vicinity Map 2

3 Summary: The applicant is proposing to modify a previously approved condition of approval of P which required a minimum 10-foot rear setback for the entire Hampton Station subdivision. The applicant is proposing to modify this condition for a single parcel in the subdivision as a result of an irregular rear property line which juts into the center rear of the lot from an older neighboring subdivision. The applicant is proposing to reduce the rear setback to up 4 feet at the closest point. This requires a modification of a previously approved condition for this property only. Staff has requested that the rear fence be raised above the maximum rear fence height of six feet, order to mitigate the potential impact to the neighboring rear property. Therefore staff has added a site plan and design review deviation to increase the rear fence height maximum to eight feet. Table 1: Project Information General Plan designation: Suburban Neighborhood Low Density (SNLD) Community Plan Area: South Parking District: Suburban Historic District: None Design Review Area: Citywide Existing zoning of site: Single-Unit or Duplex Dwelling (R-1A) Existing use of site: Vacant Property area: approximately 0.06 acres Background Information: The project site is located on the west side of Hither Way in the Meadowview area. The project site is part of the Hampton Station subdivision project which was approved by the Planning Commission on November 10, This project consisted of a Tentative Map to subdivide gross acres, including 177 Single Family lots on 20 acres (P03-109). Because of the R-1A zoning, it also included a Special Permit to construct the 177 homes with house plans and setbacks approved by the Planning Commission. On May 27, 2009, two additional floor plans were approved to be added to the mix of house plans (Z09-035). All lots in the subdivision have been finalized and most of the homes that are in the subdivision have either been completed or are currently under construction. The rear (west) lot line of the irregularly shaped subject site juts into the property and intersects in the middle rear of the subject lot. This rear property line has been an existing condition since 1960 when the adjacent subdivision to the west was developed. A water main runs along this property line. The homes in this subdivision were approved with a special permit, which would now be considered a conditional use permit (C.U.P.). At the time of approval of the project, the R1-A zoning of this site required a special permit from the Planning Commission for the homes. This special permit included reductions of front, rear, and side setbacks, and 3

4 reduced driveway lengths. The front setbacks were approved to be 12.5 feet, the rear setback 10 feet and the side setbacks were approved to be zero lot line on one side, 5 feet on the opposite side. The driveway lengths were approved to be reduced to 18 feet. The applicant is proposing to further reduce the rear setback for this subject lot only from the approved ten feet to four feet at the closest point. Under current code, setback reductions would require deviations from site plan and design review approvals, however since they were originally approved as part of the special permit for the singlefamily home use, the further setback reduction request is considered a conditional use permit modification request. The additional reduced rear setback is the only request being made and is only for this particular lot. The house plans conform to all other previously approved setback, lot coverage and driveway length requirements. Although the rear property line is a pre-existing property line, the previously approved lots were originally considered to have adequate area and length to accommodate the approved house plans within the approved setbacks. However this lot was approved to be longer and wider when the commission approved it. This lot and other nearby lots were reduced in width and length in the final map process. The current request is only for the rear yard setback reduction, as the house plans have been changed. Staff was not supportive of the reduced setback at the time of this application submittal. Staff had requested that the applicant use a custom house plan for this particular lot in order to meet all setback requirements. The applicant has desired to retain one of the previously approved housed plans. After further review staff has come to the conclusion that the setback reduction can be supportable with the inclusion conditions to the project. In order to help with rear neighbor privacy issues, staff has requested that the applicant raise the height of the rear fence from the existing six foot to eight feet. Because six feet is the maximum height allowed for rear yard residential fences, this request necessitates that staff include a site plan and design review deviation request to construct the fence up to eight feet high. The other request is for the applicant to move the second floor rear windows to the furthest side point possible, away from the center of the building. The windows further outward would be further from the rear fence. The applicant has stated the window locations on plans can be revised to meet the requirements. The applicant has agreed to these requested conditions. Staff also has asked the applicant to contact the rear property owner and offer to plant a tree on their rear yard to further help with privacy issues. However, this cannot be a condition as it is an offsite improvement, subject to the wishes of the property owner. Public/Neighborhood Outreach and Comments: This project was early noticed to the Hampton Station Neighborhood Association. As of the writing of this report, no comments have been received from the association. On April 3, 2015, the project site was posted and a notification of this public hearing was mailed to the neighborhood association and to all of the property owners within a 300 radius of the property. Staff recently received an from adjacent rear yard neighbor stating opposition to the setback reduction. 4

5 Environmental Considerations: The Community Development Department, Environmental Planning Services Division has reviewed this project and determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section (Minor Alterations to Land Use) of the CEQA Guidelines. Policy Considerations: General Plan The 2035 General Plan designation of the subject site is Suburban Neighborhood Low Density (SNLD). The existing development project and all of lots have already been approved and subdivided. The reduce rear setback request and fence height deviation do not impact general plan requirements. Land Use The project site has previously been approved for single use. There are no land use concerns with this project. Staff is not requesting any change to the approved land use. However the proposed setback reduction is considered to be modification to a Conditional Use permit, in which must be consistent with the following findings. Per section (Conditional Use Permit) of the Planning and Development Code, in evaluating conditional use permit proposals of this type, the Commission is required to make the following findings: A. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan; Staff finds the there is no change to the previously approved land use, which was already determined to be consistent with all applicable plans. B. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; Staff finds the proposed home is consistent use in the R-1A zone. C. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities; and, Staff finds the proposed home and reduced rear setback is physically suitable for property. D. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. 5

6 Staff finds the proposed home and reduced rear setback as conditioned, will not be detrimental to the surrounding neighborhood, in that: a. Adequate privacy fencing will be provided; and b. Windows will be altered for additional privacy concerns. Project Design: The house plans are attached to this report. This is plan number 8, which has been previously approved. The upper floor rear windows will be moved outward, per the conditions of approval, when the project is submitted for building permits. Site Plan and Design Review Fence Deviation: In order to further increase the privacy of the rear neighbor, the applicant has agreed to raise the rear fence to 8 feet. This requires a Site Plan and Design Review deviation. The fence will be a wood fence. A fence exceeding 8 feet requires a building permit. The Site Plan and Design Review request requires the following findings. A. The design, layout, and physical characteristics of the proposed fence is consistent with the general plan which designates the site as Suburban Neighborhood Low Density (SNLD); and B. While the design, layout, and physical characteristics of proposed fence are not consistent with every applicable design guideline and with every applicable development standard, the proposed fence is consistent with the purpose and intent of the applicable design guidelines and development standards; and C. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed development and comply with all applicable design guidelines and development standards; and D. The design, layout, and physical characteristics of the proposed fence is visually and functionally compatible with the surrounding neighborhood; and E. The design, layout, and physical characteristics of the proposed fence ensure energy consumption is minimized and use of renewable energy sources is encouraged; and F. The design, layout, and physical characteristics of the proposed fence are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. Height, Bulk and Setbacks Other than the reduced rear setback, the other setbacks and design of the building has been previously approved. 6

7 Access, Circulation and Parking The home will have a two car garage and two car wide driveway with an 18 foot length. Building Design, Landscaping and Signage The building design has been previously approved per P03-109, and standard residential landscaping will be provided. There is no proposed signage. Recommendation: Staff recommends the Commission approve the request based on the findings and subject to the conditions listed in Attachment 1. The reduced setback is for an existing lot and a house plan design that has been previously approved. Furthermore, the proposal, with the required eight foot high rear fence and recommended conditions of approval, should reduce the impact to the adjacent neighbor. 7

8 Subject: Hampton Station Unit No. 1 -Lot 16 (P14-047) April 16, 2015 Respectfully submitted by: ew '/;y( w ~ ROBERT W. WILLIAMS Associate Planner Approved Recommendation Approved: Table of Contents: Attachment 1: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Attachment 2: Attachment 3: Recommended Findings of Fact for Approval Approved Tentative Map Approved Tentative Map Blow-Up Final Map of Site Site Plan 1st Floor Plan 2nd Floor Plan Elevations Submitted Photos of Site Aerials Zoning Map 8

9 Attachment 1: City Planning and Design Commission Record of Decision Recommended Findings of Fact and Conditions of Approval Hampton Station Unit No. 1 - Lot 16 (P14-047) located at 7486 Hither Way, Sacramento, CA Findings of Fact: A. Environmental Determination: Exemption Based on the determination and recommendation of the City s Environmental Planning Services Manager and the oral and documentary evidence received at the hearing on the Project, the Planning and Design Commission finds that the Project is exempt from review under Section (Minor Alterations to Land Use) of the CEQA Guidelines. The project involves a reduction to the previously approved setback and a fence height deviation. There are no unusual circumstances that would result in a significant effect, and the cumulative effects of the project have been evaluated in the Master Environmental Impact Report (EIR) prepared for the 2035 General Plan. The project would not have a significant effect on the environment. B. The Conditional Use Permit Modification of P03-109, a request to reduce the previously approved rear yard setback for a single-unit dwelling on a parcel of approximately 0.06 acres in the Single-Unit or Duplex Dwelling (R-1A) zone is approved based on the following findings: 1. The proposed use and its operating characteristics are consistent with the general plan and any applicable specific plan or transit village plan; Staff finds the there is no change to the previously approved land use, which was already determined to be consistent with all applicable plans. 2. The proposed use and its operating characteristics are consistent with the applicable standards, requirements, and regulations of the zoning district in which it is located, and of all other provisions of this title and this code; Staff finds the proposed home is consistent use in the R-1A zone. 3. The proposed use is situated on a parcel that is physically suitable in terms of location, size, topography, and access, and that is adequately served by public services and utilities; Staff finds the proposed home and reduced rear setback is physically suitable for property. 4. The proposed use and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in 9

10 the creation of a nuisance. Staff finds the proposed home and reduced rear setback as conditioned, will not be detrimental to the surrounding neighborhood, in that: a. adequate privacy fencing will be provided; and b. windows will be altered for additional privacy concerns. C. The Site Plan and Design Review deviation, a deviation request to allow a residential rear yard fence to exceed 6 feet in height is approved based on the following findings: 1. The design, layout, and physical characteristics of the proposed fence are consistent with the general plan which designates the site as Suburban Neighborhood Low Density (SNLD); and 2. While the design, layout, and physical characteristics of proposed fence are not consistent with every applicable design guideline and with every applicable development standard, the proposed development is consistent with the purpose and intent of the applicable design guidelines and development standards; and 3. All streets and other public access ways and facilities, parking facilities, and utility infrastructure are adequate to serve the proposed fence and comply with all applicable design guidelines and development standards; and 4. The design, layout, and physical characteristics of the proposed fence is visually and functionally compatible with the surrounding neighborhood; and 5. The design, layout, and physical characteristics of the proposed fence ensure energy consumption is minimized and use of renewable energy sources is encouraged; and 6. The design, layout, and physical characteristics of the proposed fence are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance, in that: a. the raised fence will provide additional privacy for the reduced setback; and b. the fence height will only be increased across the rear property line. 10

11 Conditions of Approval: B. The Conditional Use Permit Modification of P03-109, a request to reduce the previously approved rear yard setback for a single-unit dwelling on a parcel of approximately 0.06 acres in the Single-Unit or Duplex Dwelling (R-1A) zone is approved subject to the following conditions: Planning and Design Review: B1. The rear setback shall be four feet at the narrowest point and no other structures shall be in the rear ten feet of the property. B2. The second floor rear windows on the home shall be moved to the furthest possible outward point from the center of the rear wall. The applicant shall obtain the necessary building permit with revised plans for the new home. B3. An eight foot high wood fence shall be constructed along the rear property line. The applicant shall obtain the necessary building permit for the fence. B4. The reduced setback shall be disclosed to all potential buyers of the property. A site plan showing the reduced setback shall be provided to all potential buyers, and the purchaser shall acknowledge by a signature on the site plan as part of purchase documents and kept with title records. Public Works: B5. The applicant is responsible for the protection and repair of the City water main during construction of the proposed structure. Contact Underground Service Alert (USA) at 811, 48 hours before work is to begin. B6. Construct standard public improvements as noted in these conditions pursuant to Title 18 of the City Code. Improvements shall be designed to City Standards and assured as set forth in Section of the City Code. All improvements shall be designed and constructed to the satisfaction of the Department of Public Works. Any public improvement not specifically noted in these conditions shall be designed and constructed to City Standards. This shall include the repair or replacement/reconstruction of any existing deteriorated curb, gutter and sidewalk adjacent to the subject property per City standards to the satisfaction of the Department of Public Works. B7. The design of walls fences and signage near intersections and driveways shall allow stopping sight distance per Caltrans standards and comply with City Code Section (25' sight triangle). Walls shall be set back 3' behind the sight line needed for stopping sight distance to allow sufficient room for pilasters. Landscaping in the area required for adequate stopping 11

12 Utilities: sight distance shall be limited 3.5' in height at maturity. The area of exclusion shall be determined by the Department of Public Works. B8. The applicant is responsible for the protection and repair of the City water main during construction of the proposed structure. Contact Underground Service Alert (USA) at 811, 48 hours before work is to begin. C. The Site Plan and Design Review deviation, a deviation request to allow a residential rear yard fence to exceed 6 feet in height is approved subject to the following conditions: C1. An eight foot high wood fence shall be constructed along the rear property line. The fence shall be made of wood. The necessary building permit shall be obtained prior to construction of the fence. C2. The increased fence height is only allowed for the fencing along the rear (west) property line. Advisory Notes: ADV1. UTILITIES: The proposed project is located in a Zone X on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs) dated August 16th, Accordingly, the project site lies in an area with no requirements to elevate or flood proof. 12

13 Exhibit A: Approved Tentative Map 13

14 Exhibit B: Approved Tentative Map Blow-Up 14

15 Exhibit C: Final Map of Site 15

16 Exhibit D: Site Plan 16

17 Exhibit E: 1st Floor Plan 17

18 Exhibit F: 2nd Floor Plan 18

19 Exhibit G: Elevations 19

20 Exhibit H: Submitted Photos of Site 20

21 Attachment 2: Aerials 21

22 Attachment 2: Aerials (cont.) 22

23 Subject: Hampton Station Unit No. 1 - Lot 16 (P14-047) April 16, 2015 Attachment 2: Aerials (cont.) 23

24 Attachment 3: Zoning Map 24