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

Size: px
Start display at page:

Download "TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of February 6, Agenda Item 5A"

Transcription

1 TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT For the meeting of February 6, 2017 Agenda Item 5A Owner: Todd & Bridget Maderis Design Professional: Pacific Design Group Project Address: 24 Scenic Avenue Assessor s Parcel No.: Zoning: R-1 Single Family General Plan: Single Family Residential FIRM Flood Zone: X (0.2-percent-annual-chance flood) Request Design review for a substantial remodel and second story addition to an existing three bedroom, 1 bath, 1,429 square foot single-family residence with an existing below grade, tandem, 2-car garage. The addition would add a 681 square foot second story to the residence. The height of the residence is proposed to increase 4 feet 4 inches to the maximum 30 foot height limit allowed in the zoning district. The project also includes the addition of a recreation room, laundry room, and bathroom at the garage level (within the footprint of the existing structure) and a remodel of the main level. Windows and doors would be modified on each elevation. Proposed materials include an asphalt composition roof, white trim; taupe stucco siding to match the existing residence and wood clad windows in a linen color. A variance is requested to allow the residence, which is nonconforming due to a dinette within the east side yard setback, to be expanded without bringing the residence into conformity with the 8-foot side setback requirement. Recommendation Approval of the project based on the findings and conditions presented in the staff report. 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 March 13, 2017 (within 60 days of the project being deemed complete and exempt from CEQA). Public Notice A notice was mailed to all residents and property owners within 300 feet of the project and story poles have been installed. There has been no public comment as of the date of this staff report. Page 1 of 7

2 Existing and Proposed Conditions Existing Proposed Code Zoning R-1 Single Family Same Residential General Plan Single Family Same Flood Zone Zone X (500 year Same flood zone) Lot Size (sq. ft.) 7,577 sq. ft. Same 7,500 sq. ft. Lot Coverage (%) 22% 22% 35% Lot Coverage (sq. ft.) 1,687 sq. ft. 1,687 sq. ft. 2,652 sq. ft. Adjusted Floor Area Ratio (%) Adjusted Floor Area (sq. ft.)* *400 square feet of garage not included, crawl space with dirt floors excluded Setbacks 19% 28% 38% Main level Upper level Garage Total 1, ,479 Front: 20+ feet Rear: 20+ feet West side: 8+ feet East side: 3 feet Main level Upper level Garage Total Front: 20+ feet Rear: 20+ feet West Side: 8+ feet East side: 3 feet 1, ,840 2,879 sq. ft. 3,175 sq. ft. allowed with 325 exception Front: 20 feet Rear: 20 feet West side: 8 feet East side: 8 feet On-Site Parking Stories Maximum height above average existing grade 2 covered 2 uncovered same 2 2 (garage level does 2 2 not meet definition of a story) 25 feet 6 inches 30 feet 30 feet II. STAFF ANALYSIS Background and Project Description There are no records of previous planning entitlements for this property, which was developed prior to zoning regulations (approximate construction date is 1926). The site is currently developed with a single-family residence with a below grade garage. A small kitchenette of the existing residence encroaches into the north side setback. Town records show this area existed prior to setback regulations. The existing residence is a single story with a 1,429 square foot main level, large garage/basement, and large attic. The project site is surrounded by single family residences, the closest of which are two stories. Page 2 of 7

3 The project proposed to construct a 681 square foot second story, maintaining the below grade garage. The project includes the addition of a recreation room, laundry room, and bathroom at the garage level (within the footprint of the existing structure) and a remodel of the main level. The applicant has submitted a shade study to demonstrate potential impacts from the addition. The proposed lower level (primarily below grade) of the residence will include two covered tandem garage parking spaces (existing), a laundry room, a bathroom and a recreation room. The entry level includes a kitchen, dining room, living room, two bedrooms and a powder room. The proposed second level includes a master bedroom and master bathroom, closet, and smaller bedroom and bathroom. The upper addition has been designed to match the existing single family residence. Proposed materials include an asphalt composition roof, white trim; taupe stucco siding to match the existing residence and wood clad windows in a linen color. The design of the windows and the roof pitches of the two structures have been designed to blend. The proposed design includes multiple rooflines and articulation to break up the mass of the structure. III. DISCUSSION OF REQUIRED FINDINGS FOR APPROVAL The existing residence has a dinette within the 8 foot side setback, which makes it nonconforming. A variance is requested to allow the area to be expanded in height within the setback. the San Anselmo Municipal Code states that any nonconforming building or improvement may be permitted to be enlarged, extended, or reconstructed with different dimensions in cases where an application for a variance is first approved. Prior planning department staff members have interpreted the nonconforming structure requirement to allow additions that conform to the current rules, with the exception of certain second units. The code also includes a long list of exceptions to the setback requirements. The intent of the requirement is to bring nonconforming structures into conformance with current zoning requirements. It is difficult for staff to make the first required finding that there is some special circumstance that requires the structure to be located in the side yard area. It would be possible to make the structure conform to setbacks. However, since the residence has been located in that area for over 65 years, it is unlikely that allowing it to remain will cause an impact on the neighboring residence. There is a setback exception that allows the nonconforming portion of the structure to be increased in height by 2 feet. Staff recommends that the Planning Commission require the applicant to modify the design to comply with this setback exception. The Planning Commission could also a) require that the intrusion into the setback be demolished in the scope of this application; or b) make findings that there is a special circumstance applicable to the site and approve the project as proposed. CEQA Determination Categorically Exempt: Section addition to an existing residence. 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, Page 3 of 7

4 creek, heritage trees, or hillside area at the site); (b), which relates to cumulative impacts (existing single family residential use, construction impacts not significant when considered cumulatively with other single family residential development in area); 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 (structure built in 1926 and not associated with important persons and not architecturally significant). Design Review The San Anselmo Municipal Code requires design review for projects on parcels that are below 150 feet mean sea level and involve new construction on a second or third floor level with a combined square footage of greater than 400 square feet in size. To approve the design review application, the Planning Commission must make each of the following findings (SAMC ): 1. The project will not unreasonably impair access to light and air of structures on neighboring properties. The project site is located in between two buildings with second stories. The applicant has submitted a shade study that indicates that due to the height and mass of these buildings, the proposed project should not impact their light or air. The proposed project includes maintaining a substantial setback and is screened by landscaping and mature trees. The second story addition should not unreasonably impact the neighboring properties light and air. 2. The project will not unreasonably affect the privacy of neighboring properties including not unreasonably affecting such privacy by the placement of windows, skylights and decks. The project includes maintaining the existing trees and landscaping that screen the property from neighboring parcels. A majority of the new windows on the entry level are placed similarly to the existing design, and in some cases are reduced. Overall, due to the placement of the windows and the existing screening, the project will not unreasonably affect the privacy of neighboring properties. 3. The project will be of a bulk, mass and design that complements the existing character of the surrounding neighborhood. Although the project increases the size of the residence, the bulk and mass is not out of character with the surrounding neighborhood. The architectural elements of the proposed addition are consistent with the style of the main house and the architecture of the neighborhood. The project is of a bulk, mass and design that complements the existing character of the surrounding neighborhood. 4. The project 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 Page 4 of 7

5 detrimental to the public welfare or injurious to property or improvements in such neighborhood. No elements of the project will adversely affect the health or safety of persons in the neighborhood nor will it be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood. Prior to construction, the applicant must receive a building permit from the Town of San Anselmo that requires that all work be done per California Construction Codes. 5. The project is of scale, intensity, and design that integrates with the existing character of the surrounding neighborhood. The proposed structure stays within the footprint of the existing residence. The project complies with the height limit for the zoning designation. The residence is of scale and is similar to others in the surrounding neighborhood. Variance The San Anselmo Municipal Code requires the Planning Commission to approve any variance from development standards. To approve variance application, the Planning Commission must make each of the following findings: 1. 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 The site is flat and feet in width, which is adequate to meet 8-foot side yard setback requirements. 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. The granting of the variance will not materially affect adversely the health of 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. The structure within the setback has existed for over 65 years and has not caused any adverse impacts. All work will be to San Anselmo code and will be verified by the building and public works departments. Town departments and Ross Valley fire had no initial concerns after reviewing the planning submittal. Page 5 of 7

6 IV. CONDITIONS OF APPROVAL All conditions of approval shall be printed on the first sheets of the building permit drawings. 1. Except as otherwise provided in these conditions, the construction shall substantially conform to plans for 24 Scenic Avenue prepared by Pacific Design Group, received by the San Anselmo Planning Department on December 22, Plans submitted for the building permit shall lower the height of the area proposed within the 8 foot side yard setback. The within the 8 foot side yard setback shall be no more than 2 feet taller than the existing structure within the setback. Alternatively, the applicant may locate this portion of the residence outside of the required setback. 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. Public Works recommends measures to reduce stormwater runoff from the property including minimizing the use of impervious surfaces, maintaining setbacks from creeks and/or drainage channels, and dispersing stormwater to landscape areas, bioretention areas or other facilities prior to discharging to neighboring properties, into a creek, the street gutter, or into the Town s storm drain system. Installation of bio-retention facilities may be required. 7. 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 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 Page 6 of 7

7 with the provisions set forth for discretionary actions as set forth in Article 7 of Title 10 of the San Anselmo Municipal Code. 8. 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 Elise Semonian Planning Director Attachments: 1. Application and Supplemental Questionnaires 2. Project Plans Page 7 of 7