TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of February 6, 2017 Agenda Item 5C

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1 TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT For the meeting of February 6, 2017 Agenda Item 5C Owner: David Jones Design Professional: Mark Groody Project Address: 12 Austin Avenue Assessor s Parcel No.: Zoning: R-1 Single Family General Plan: Single Family Residential FIRM Flood Zone: X Minimal Flood Hazard Request Floor Area Ratio variance to exceed the Adjusted Floor Area allowed by code by 1,076 square feet (4,751 square feet where 3,675 square feet is allowed). The existing residence is already over the allowed Floor Area for the site by 568 square feet. The existing adjusted floor area includes 1,108 square feet of basement area. The project includes a remodel of the existing cottage second unit and an addition of 408 square feet to the rear of the cottage. A use permit is required for the proposed second unit size of 1,137 square feet (800 square feet permitted with no use permit). A 64 square foot storage shed will be eliminated and the storage area will be relocated to the east side of the cottage. The proposed materials will match the existing cottage. Lot size 10,500 sq. ft. Existing Adjusted Floor Area 4,423 sq. ft. 42.1% Proposed Adjusted Floor Area 4,751 sq. ft. 45% (code: 35% 3,675 sq. ft. /4,000 sq. ft. with 325 sq. ft. FAR Exception) Existing Lot Coverage 2,489 sq. ft. 23.7% Proposed Lot Coverage 2,794 sq. ft. 26.6% (code: 35%) Recommendation That the Planning Commission approve the request if the Commission can make the required variance findings. I. PROJECT SUMMARY Timing Pursuant to the Permit Streamlining Act (California Government Code Section et. seq.) the Planning Commission must approve or disapprove the project by April 03, 2017 (within 60 days of the project being deemed complete and exempt from CEQA). Page 1 of 6

2 Public Notice and Comments A notice was mailed to all residents and property owners within 300 feet of the project and posted in three places. No public comment has been received as of the date of this staff report. Existing (before work without permit) and Proposed Conditions Existing Proposed Code Zoning R-1 Same General Plan Single Family Same Flood Zone X (not a flood zone) Same Lot Size (sq. ft.) 10,500 sq. ft. Same 7,500 Lot Coverage (%) 23.7% 26.6% 35% Lot Coverage (sq. ft.) 2,489 sq. ft. 2,794 sq. ft. 3,675 sq. ft. Floor Area Ratio (%) 42.1% 45.3% 35% Adjusted Floor Area 1st Story 2 nd Story Basement Storage/Crawl 2 nd Unit Shed Total 1,233 1,084 1, ,423 1st Story 2nd Story Basement Storage/Crawl 2 nd Unit Shed Total 1,233 1,084 1, , ,751 3,675 sq. ft. 4,000 sq. ft. with 325 sq. ft. FAR Exception Setbacks Front: 34-5 Rear: 44 West side: 16-4 East side: 5 Front: 34-5 Rear: 27-2 West side: 16-4 East side: 5 Front: 20 feet Rear: 20 feet West side: 8 feet East side: 8 feet Building Height On-Site Parking 4+ uncovered same 2 spaces II. STAFF ANALYSIS Background and Discussion The site is developed with an existing residence and second unit that date back to the early 1900s. In 1983, the site received a variance to add 320 square feet to an existing legal nonconforming second unit. In 2013, the site received a minor exception to increase the wall heights of the upper level floor area (see existing elevations for primary residence, Attachment 3). The existing building is nonconforming in floor area due to a large basement and crawl space area that are not developed as living space, but count towards adjusted floor area. The site has 4,423 square feet of total floor area but only 3,062 square feet of above-ground living space, where 3,675 square feet are permitted. If not for the basement and crawl space, the applicants could add approximately 550 square feet to the site. Page 2 of 6

3 The current project proposes a 408 square foot addition to the existing second unit and to remove 16 sq. ft. of infill for a bay window and remove an existing 64 sq. ft. storage shed. The project requires two entitlements, 1) a variance to exceed permitted floor area for the lot and/or trade off existing floor area and 2) a use permit to have a second unit larger than 800 square feet. Nonconforming structures may be enlarged, extended, or reconstructed with different dimensions where a variance is approved. (SAMC Sec (f)(1)). In order to approve a floor area ratio variance the Planning Commission must find a special circumstance applicable to the property and no adverse impact. The applicant has submitted detailed information on the project (Attachment 1) and has proposed various conditions of approval for the Planning Commission to consider. These include: 1) Approval of the variance due to special circumstances The special circumstances, as outlined by the applicant, are that 30% of the square footage that is counted towards floor area does not meet the building code definition of living space. Having such a large percentage of the floor area being taken up by this inhabitable space creates a hardship for the property. 2) Trade 420 Sq. Ft. of Basement Space for Above Ground Floor Area This trade-off would mean that the Planning Commission would not count basement space in the main residence as Floor Area, reducing the Adjusted Floor Area for the parcel as a whole. The applicant has identified 420 square feet of the main residence that they believe can be eliminated from the Adjusted Floor Area calculation. If the Planning Commission considers allowing the tradeoff of basement space from the main residence to the cottage, it should be noted that would preclude the property from excavating the basement out to create more living space without impacting floor area. Many residences in San Anselmo excavate existing basement space (since it is already included in Adjusted Floor Area) without planning review (current examples include: 81 Woodside Drive and 304 Bolinas). 3) Allow Trade Off of Potential Garage Space Currently, the property does not have a garage. Under the FAR ordinance, 400 square feet of garage are not included in Adjusted Floor Area. Since the current lot coverage is 23.7%, the applicant could theoretically add a 400 sq. ft. garage (that would meet setbacks) to the rear of the cottage and not need planning review. The applicant is proposing that they will forgo the right to a garage if they are able to use the square footage for the second unit instead. In addition, the applicant states that there has been interest by other parties in tearing down the cottage to be able to add on to the more residence. By allowing this project to move forward, the town would be maintaining the cottage as a housing unit. Staff is concerned with the precedent the proposed options will set for other projects in Town. Staff is most supportive of allowing the increase in second unit floor area in lieu of garage Page 3 of 6

4 space, since: 1.) the above-ground floor area would be within what is permitted for the site; 2.) the site does not have an existing garage; 3.) a garage would add 400 square feet of additional above-ground mass and lot coverage to the site; 4.) the site has more parking than required, and it is screened from the street; and 5.) it would be possible to add a garage to the site with no variances. Staff believes that Options #1 and #2 have a lot of implications and may set precedent for other projects. A proposed condition of approval states that no future additions can be built on the property, including a garage addition, without reducing the floor area 400 square feet. Theoretically, at the project site the basement could be excavated until it became habitable space and a conforming garage addition could be approved, neither project would trigger planning review. This project maintains the cottage as a second unit and has less impact. Staff can see the benefit of approving this project, but also recognizes that this is an opportunity for the Commission to consider the issue of basement space if the Commission deems that appropriate. III. DISCUSSION OF REQUIRED FINDINGS FOR APPROVAL CEQA Determination Categorically Exempt: Section existing facilities as an addition to existing structure. No exception set forth in Section of the CEQA Guidelines applies to the project including, but not limited to, Subsection (a), which relates to impacts on environmental resources (no sensitive species, creek, heritage trees, hillside area at the site); (b), which relates to cumulative impacts (construction impacts not significant when considered cumulatively with other development); Subsection (c), which relates to unusual circumstances (no unusual circumstances, house size and grading within the range of typical single family home development); or Subsection (f), which relates to historical resources (structures significantly modified since original construction and not associated with important persons and not architecturally significant). Variance and Use Permit Findings 1. The Due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the controlling zoning ordinance or regulation deprives the property of privileges enjoyed by other property in the vicinity and under an identical zoning classification, and the granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and See applicant s findings, attached. 2. The granting of the variance, under the circumstances of the particular case, will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood. Page 4 of 6

5 See applicant s findings, attached 3. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. The use permit to permit to allow the second unit to be larger than 800 square feet will not be detrimental or injurious. The approval of the small second unit furthers the programs of the General Plan housing element and will provide a unit suitable for lower income residents. A larger second unit provides more diversity in the affordable housing stock. IV. CONDITIONS OF APPROVAL If the Planning Commission can make the required findings to approve the request for a variance and use permit, staff recommends that the Commission approve the project based on the findings in the staff report and the applicants findings, attached, and subject to the following conditions: 1. Except as otherwise provided in these conditions, the construction shall substantially conform to plans for 12 Austin Avenue prepared by Mark Groody, received by the San Anselmo Planning Department on January 4, This project was approved to trade off potential garage area for an addition to the second unit. No garage exemption is permitted at the site unless the above-ground (not basement/crawlspace) floor area is reduced by 400 square feet. The second unit floor area cannot be traded off in the future for an addition to the primary residence. 3. The applicant shall comply with all requirements of the Marin Municipal Water District (MMWD) for water service prior to project final including compliance with all indoor and outdoor requirements of MMWD District Code Title 13 Water Conservation. Indoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance or exemption. The Code requires a landscape plan, an irrigation plan, and a grading plan. Should backflow protection be required, said protection shall be installed as a condition of water service. A letter or confirming compliance with MMWD s requirements shall be submitted to the building department prior to project final. 4. Applicants shall comply with the requirements of the Ross Valley Sanitary District prior to project final. 5. The project shall comply with the requirements of the Ross Valley Fire Department prior to project final. 6. Unless otherwise provided for in the Town Municipal Code, if an activity or development which has received discretionary approval has not begun within one (1) year from the date of the final action, the permit shall become null and void. The date of final action shall be either ten (10) calendar days following the date of action by the Planning Commission or the Town Council, whichever is last. The discretionary action previously approved by the Planning Commission, or Town Council for which the improvement Page 5 of 6

6 permitted by the discretionary action has not been used or accomplished may be renewed by the Planning Director for a maximum period of one year provided that prior to the expiration of the discretionary action, the applicant submits a written statement to the Planning Director showing good cause, which shall be reviewed in accordance with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code. 7. The applicants and/or owners shall defend, indemnify, and hold the Town harmless along with the Town Council and Town boards, commissions, agents, officers, employees, and consultants from any claim, action, or proceeding ( action ) against the Town, its boards, commissions, agents, officers, employees, and consultants attacking or seeking to set aside, declare void, or annul the approval(s) of the project or alleging any other liability or damages based upon, caused by, or related to the approval of the project. The Town shall promptly notify the applicants and/or owners of any action. The Town, in its sole discretion, may tender the defense of the action to the applicants and/or owners or the Town may defend the action with attorneys of the Town's choice, with all attorneys fees and litigation costs incurred by the Town in either case paid for by the applicant and/or owners. Prepared By: Sarah Price Assistant Planner Attachments: 1. Application Materials and Project Narrative 2. Project Plans 3. Existing main residence plans Page 6 of 6